THE BANGLADESH LABOUR ACT, 2006, CHAPTER XXI

CHAPTER XXI
MISCELLANEOUS

  1. Power to exempt.—(1) The Government may, by notification in the official Gazette, exempt, subject to such conditions and restrictions as it may specify therein, any employer or class of employers or any establishment or class of establishments or any part thereof or any worker or class of workers from the operation of or compliance with all or any provision of Chapter II, V, VI, VII, VIII, IX or XVIII or any section thereof, or section 325, 326, 337 or 338 of Chapter XXI of this Act.
  • An order of exemption under sub-section (1) shall be made in the public or national interest and shall be in operation for a period not exceeding 6 (six) months at a time.

Clause (gg) was inserted by section 83(b) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013). 2Clause (ii) was inserted by section 83(c) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

  • The Chief Inspector may, by notification in the official Gazette, suspend the operation of all or any provision of section 100, 101, 102, 103, 105 or 114 in respect of any establishment or class of establishments for the purpose of any festival, fair or exhibition, for any such period and on such conditions as may be specified in the notification.
  1. Notice to Chief Inspector before commencement of work.—(1) An

employer shall, at least 15 (fifteen) days before starting work or business in his establishment, send a notice relating thereto to the Chief Inspector, and such notice shall contain the following information or particulars, namely:—

  • name and location of the establishment ;
  • name and address of the employer;
  • mailing address of the establishment;
  • nature of work or business to be carried on in the establishment;
  • nature and quantity of power to be used;
  • name of the manager of the establishment;
  • number of workers likely to be employed in the establishment;
  • such other particulars as may be prescribed by rules.
  • Where an establishment keeps in operation its manufacturing process, ordinarily for a period of less than 180 (one hundred and eighty) working days in a year, the employer thereof shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) at least 30 (thirty) days before the date of the resumption of manufacturing process in that establishment.
  • Whenever any new manager is appointed, the employer shall send to the Chief Inspector a written notice of such change, within 7 (seven) days from the date on which such person assumes his office.
  • During a period when no manager is appointed in an establishment or the person so appointed does not work, any person acting as manager or, if no such person is found, the employer himself shall be deemed to be the manager of that establishment for the purposes of this Act.
  1. Approval of plans and fees for licence and registration.—(1) The

Government may—

  • require that previous permission in writing be obtained in the manner prescribed by rules from the Chief Inspector for the construction, establishment or extension of any factory or class of factories1^]

2[Provided that in such a case, no structural change in the factory layout plan with structural design of the factory building approved by the appropriate authority shall be made;]

  • require for registration of any factory or class of factories or for obtaining license therefore or renewal thereof in such manner and on payment of such fees as may be proscribed by rules.
  • If, in accordance with the provisions of sub-section (1), an application for permission accompanied by the plans is sent to the Chief Inspector and 1[no order or direction of the Chief Inspector is communicated to the applicant within 3 (three) months from the date of its receipt by him, the aggrieved owner of the establishment may, within the following 30 (thirty) days, apply to the Government seeking relief.]
  • Where the Chief Inspector refuses to grant permission for construction or extension of a factory or for registration of or, granting license for a factory, the applicant may, within 60 (sixty) days of the date of such refusal, appeal to the Government.

Explanation.—A factory shall not be deemed to have been extended within the meaning of this section by reason only of alteration or the replacement of any plant or machinery or addition of any plant or machinery within such limits as may be prescribed by rules.

  1. Appeals against certain orders of Inspector.—(1) Where an order in writing of an Inspector is served on an employer under this Act, he may, within 30 (thirty) days of the receipt of such order, appeal against it to the appellate authority, and such appellate authority may, subject to rules made in this behalf, confirm, modify or set aside the order.
  • Subject to the rules made in this behalf and to such conditions or such performance as may be imposed or directed by the appellate authority, the appellate authority may, if it thinks fit, suspend the order appealed against pending the decision of the appeal.
  • The Government may make rules for the purpose of this section.
  • In this section, appellate authority means the Government or such other authority as the Government may appoint in this behalf.
  1. Seasonal factories.—The Government may, by notification in the official Gazette, declare any factory, in which manufacturing process is ordinarily carried on for not more than 180 (one hundred and eighty) working days in a year and cannot be operated except during a particular season or at times dependent on the irregular action of natural forces, to be a seasonal factory for the purposes of this Act.
  2. Recovery of money recoverable under this Act.—(1) Subject to this Act, any money directed by the Labour Court or the Tribunal to be paid under any section of this Act or any money payable by any person under any provision of this Act or any money payable by any person or an employer under any settlement or agreement or under any award or decision of an Arbitrator or the Labour Court or Tribunal may, on the application by any person entitled to receive such money and at his option, be recovered by or at the direction of the Labour Court by any of the following ways, namely:—
  • as a public demand;
  • by attachment and sale of the movable properties belonging to the person who is liable to pay such money in the manner prescribed by rules;
  • if the entire money could not be recovered in the aforesaid manner, by attachment and sale of the immovable property belonging to such person, in the manner prescribed by rules; or
  • as a money decree of a Civil Court.
  • Where any worker is entitled to receive from the employer any benefit, which is capable of being computed in terms of money under any settlement or agreement or under any decision or award of an Arbitrator or the Labour Court or Tribunal, such benefit being computed in money may be recovered under the provisions of sub-section (1).
  • No application for recovery of any money shall be entertained under this section unless it is submitted within 1 (one) year from the date on which money become payable:

Provided that any such application may be entertained after the expiry of the said period if the Labour Court is satisfied that the applicant had sufficient cause for not making the application within the said period:

Provided further that the matter of payment of the dues to the worker shall get highest priority.

  1. No recovery of money for proving facilities.—No employer shall recover any fees or money, except the price for food supplied in the canteen, from any worker for providing any facilities or supplying any equipment or appliances which ought to be provided or supplied by the employer under this Act.
  2. Obligations of workers.—No worker in an establishment shall—
  • willfully misuse or interfere in the use of any system or appliance provided in the establishment for the purpose of securing the health, safety or welfare of the workers therein;
  • willfully or without reasonable cause do anything which is likely to endanger himself or any other person;
  • willfully neglect to make use of any appliance or system provided in the establishment for the purposes of securing the health or safety of the workers therein.
  1. Conduct towards women.—Where any woman is employed in any work of any establishment, whatever her rank or status may be, no person of that establishment shall behave with her which may seem to be indecent or unmannerly or which is repugnant to the modesty or honour of that woman.
  2. Service of notice and submission of return.—The Government may, by rules,—
  • prescribe the manner of service of any order under this Act; and
  • direct an employer to submit such return as mentioned therein, either regularly or time to time, for the purposes of this Act.
  1. Certain persons to be public servants.—The Chairman or any member or officer of a Board, by whatever name it may be called, constituted under this Act, the Director of Labour, the Chief Inspector, the Controller of the provident funds, the Chairman of a Labour Court, the Chairman or any member of the Tribunal and any person appointed under Chapter XX shall be deemed to be public servant within the meaning of section 21 of the Penal Code, 1860 (XLV of 1860).
  2. Protection of act done in good faith.—No civil or criminal case or other legal proceeding shall lie against any person or authority for anything done or intended to be done in good faith under this Act, rules, regulations or schemes.
  3. Protection of existing conditions of employment in certain cases.—

Nothing in this Act or any rules, regulations or schemes shall affect any right or privilege to which a worker was entitled on the date of commencement of this Act under any law repealed by this Act or under any award, agreement, settlement, custom or usage, so long he continues to be employed under the employer under whom he was employed on the date of such commencement, if such right or privilege is more favourable to him than those provided in this Act or rules, regulations or schemes.

  1. Abstracts of the Act, rules and regulations to be displayed.—(1) The employer of every establishment shall cause to be displayed in a conspicuous and accessible place at or near the main entrance of the place of work or the establishment, as the case may be, a notice containing an abstract of the necessary or important provisions of this Act and of the rules and regulations.
  • All notices displayed under sub-section (1) shall be maintained in a clean and legible condition.
  • The Chief Inspector may, by order in writing served on the employer, require that there shall be displayed in his establishment any other notice or poster relating to the health, safety or welfare of the workers employed in his establishment.
  1. Liability of owner of houses or premises in certain special circumstances.—(1) Where in any premises, separate buildings are leased to different employers for use as separate establishments, the owner of the premises shall be responsible for providing and maintaining of common facilities and services, like approach roads, drainage, water supply, lighting and sanitation.
  • Where in any premises, the independent and self-contained flats or houses are leased to different employers for use as separate establishments, the owner of the premises shall be liable for any violation or contravention of provisions of this Act or rules in respect of the following matters, as if he were the employer of the establishments, namely:—
  • common supply of water in 1[toilets, washrooms] and washing facilities.
  • fencing of machinery or plant belonging to the owner, which has not been specially transferred to the tenant for his use;
  • safe means of access to the higher floors and flats and cleanliness of staircases and common passages;
  • precautionary measures in case of fire;
  • providing and maintenance of hoists and lifts; and
  • maintenance of any other common facilities in the premises.
  • Where in any premises the independent rooms with common 2[toilets, washrooms] and washing facilities are leased to different employers for use as separate establishments the provisions of sub-section (2) shall apply in that case also.
  • Where in any premises the portions of a room or a shed is leased to different employers for use as separate establishments, the owner of the premises shall be liable for any violation or contravention of any provisions of Chapter V, except sections 53 and 55, and Chapter VI, except sections 40, 64, 74, 75 and 77, and of section 91:

Provided that in respect of the provisions of sections 63, 65 and 72, the owner’s liability shall be only in so far as such provisions relate to things under his control:

Provided further that the employer shall be liable for complying with the provisions of Chapter VI in respect of plant and machinery belonging to, or supplied by, him.

  • The Chief Inspector shall have, subject to the control of the Government, power to issue any necessary order to the owner of the premises in respect of carrying out the provisions of this section.
  • In respect of sub-sections (3) and (4), in computing the number of workers employed for the purposes of this Act, the whole premises shall be deemed to be a single establishment.
  1. Powers to collect information.—Any Board, or any officer or authority acting under this Act or any rules, regulations or schemes, may, for the due discharge of its or his functions, direct any employer to furnish such records, documents or information or do such other acts, as it or he may require, and every such employer shall comply with such direction.
  2. Presumption as to employment.—Any person who is found in a factory when work is going on, or at any time except during intervals for meals or rest, or when any of its machinery is in motion, shall, until anything is proved contrary, be deemed to have at that time been employed in that factory.
  3. Restrictions on disclosure of certain information.—(1) No person shall disclose any information, other than in connection with the administration of this Act, relating to any manufacturing or commercial secret which might have come to his knowledge in the course of discharging his duties under this Act or any rules, regulations or schemes, either during his service or after leaving his service.

(2) Nothing in sub-section (1) shall apply to any disclosure of information made with the previous consent of the employer in writing of such secret, or for the purposes of any legal proceeding including arbitration pursuant to this Act, or for any criminal proceedings relating thereto, or for giving any report relating to such proceedings.

  1. Certain matters to be kept confidential.—No information shall be included in any report, decision, award or judgment under this Act obtained by any officer, authority, Conciliator, Arbitrator, Labour Court or Tribunal during the course of any investigation or enquiry as to a trade union or to business or trade which is not available otherwise than through the evidence given before them, if the trade union or establishment, in question makes a request in writing that such information shall be treated as confidential, nor shall any such information be disclosed in any such proceedings without the consent in writing of the trade union or establishment concerned:

Provided that nothing contained in this section shall apply to disclosure of any such information for the purpose of a prosecution under section 193 of the Penal Code.

  1. Protection of proceedings of Boards.—No act or proceeding of any Board, by whatever name it may be called, constituted under this Act, shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of the board or any defect in the appointment or qualification of any member thereof.
  2. General provisions relating to tenure, powers, proceedings, etc. of Boards.—(1) Unless otherwise contained in this Act, the term of office of the Chairman and other members of any Board, by whatever name it may be called, constituted or established under this Act, the manner of filling its vacancies, the proceedings and conduct of business of it and its committees, and the allowances payable to them for attending meetings shall be prescribed by rules.
  • Unless otherwise contained in this Act, any such Board may, for the purpose of performance of its functions,—
  • direct any employer to furnish such records, documents or information or do such other acts as it may specify;
  • enter, at all reasonable times, in any establishment;
  • inspect any books, registers and other documents relating to such establishment;
  • record the statement of any person connected with the management of such establishment;
  • like a Civil Court—
  • compel any person to appear and to make deposition on oath;
  • compel to produce any documents and anything; and
  • issue commission for examination of witness.
  • The aforesaid powers of a Board may be exercised by its Chairman or by any of its members or officers authorized in this behalf.
  1. Payment of equal wages for equal work.—In determining wages or fixing the minimum rate of wages for any worker, the principle of equal wages for ![male, female and handicapped] workers for work of equal nature or standard or value shall be followed; and no discrimination shall be made in this respect on the ground of being 2[male-female-handicapped.]
  2. Court fees in general cases.—Subject to the provisions of this Act, the Government may, by rules, prescribe the amount of court-fees or other fees payable in respect of any application, proceedings or appeal under this Act.
  3. Restrictions on certain questions, etc.—No person shall be compelled under this Act to answer any question or make any statement which may tend directly or indirectly to incriminate him.
  4. Training on this Act.—(1) The Government shall take necessary steps to organize training courses on this Act for officers of trade unions of workers and employers.
  • Any officer of a trade union of workers shall undertake such training course when invited by the competent authority to do so.
  • The employer of an establishment in which at least 50 (fifty) workers are ordinarily employed or an officer of an establishment specified by the employer shall undertake such training course when invited by the competent authority to do so.
  • The cost of such training course shall be borne by the Government and the employer in such proportion as the Government may determine.
  • The period spent on such training shall be deemed to be a period spent on duty of the establishment concerned.
  • In this section, “competent authority” means the Government, or any establishment or authority established or authorized by the Government to organize or conduct training courses under this section.
  • Notwithstanding anything contained in this section, a collective bargaining agent or a federation of trade unions may, with the approval of the Director of Labour, organize training courses on this Act for officers of trade unions for a period of not exceeding 7 (seven) days, and in the case of a person attending such course with the permission of the employer, the provisions of sub-section (5) shall apply.
  1. Certain activities of trade union are prohibited.—No trade union shall engage in any activity which is not within the aims and objects of the union as specified in its constitution.
  2. Bar to jurisdiction of other Courts.- Any suit, complaint or other legal proceeding which is cognizable or triable by the Labour Court or Tribunal under this Act shall not be cognizable or triable by any other Court.
  3. Power to make rules.—(1) The Government may, by notification in the official Gazette, make 1[single consolidated or separate] rules for carrying out the purposes of this Act or for every or any matter which shall be, or may be, prescribed by rules under this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters enumerated under the following Chapters, namely:—

  • under Chapter V—
  • ventilation of sufficient light and air and determination of reasonable standard of temperature for an establishment, and maintenance thermometer therein;
  • arrangements for disposal of wastes and effluents of an establishment there from and approval by the prescribed authority for such arrangements;
  • in the case of an establishment where humidity is required to be increased artificially—
  • prescribing standard of humidification,
  • regulating the methods for artificially increasing the humidity of the air,

xThe words “single consolidated or separate” were inserted by section 87(a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

  • test for determining and recording the humidity of the air, and
  • prescribing methods for sufficient ventilation of light and air and

ensuring to keep the air cold;

  • prescribing standard for suitable and sufficient lighting for every establishment;
  • ensuring compliance with the provisions relating to drinking water in an establishment;

![(vi)              prescribing the number of toilets and washrooms for an

establishment;]

(vii) prescribing the type and number of spittoons for an establishment and providing its setting up and proper maintenance; and

(viii) prescribing additional measures in respect of maintaining health in an establishment;

  • under Chapter VI—
  • provision for additional precautionary measures in respect of any particular machinery or part thereof in an establishment;
  • prescribing safety measures for a dangerous part of any machinery;
  • prescribing additional requirements to be followed in respect of any lifting machinery;
  • examination of any plant or machinery and prescribing additional safety measures in relation thereto; and
  • prescribing maximum weights which may be lifted, carried or moved by a woman, man and adolescent in an establishment2^]

3[(vi) prescribing additional precautionary measures in respect of fire preventive measures in an establishment;]

  • under Chapter X—
  • maintenance of records, registers, returns and notices required to be maintained for implementation of this Chapter and prescribing forms thereof;
  • display, in a conspicuous place of an establishment, of notices specifying rates of wages payable to workers employed in that; establishment; and
  • provision for regular inspection of the weights, measures and weighing machines kept by the employers for payment of wages of the workers;

*Sub-clause (vi) was substituted for original sub-clause (vi) by section 87(b)(i) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

2The semi-colon was substituted for the full stop “.” by section 87(b)(ii) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

3Sub-clause (vi) was added by section 87(b)(ii) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

  • under Chapter XI—
  • procedure to be followed by the Board in fixing rates of wages;
  • giving opportunities to persons likely to be affected by the minimum rates of wages to offer comments and make proposals relating thereto; and
  • maintenance of all necessary books, wage slips, registers and other records and prescribing their forms and particulars to be entered therein and the manner of authenticating such entries;
  • under Chapter XII—
  • prescribing the manner in which money deposited with a Labour Court may be invested for the benefit of dependents of a deceased worker and for the transfer of money so invested from one Labour Court to another;
  • prescribing the manner in which any balance of money may, be transferred to the fund constituted for the benefit of the workers, under section 155(5), and the establishment and administration of such fund;
  • prescribing the form and manner in which memorandum of agreement shall be presented and registered;
  • subject to the review, withholding of payment of monthly compensation by the Labour Court, in whole or in part; and
  • maintenance of registers and records of proceedings by the Labour Court;
  • under Chapter XVII—
  • the time and manner at or in which subscription of an employer and workers shall be paid to a provident fund by the employer, and the manner in which such subscription may be realized;
  • the powers and duties of the Board of Trustees for the administration of provident fund;
  • the conditions of withdrawal of money from provident fund and permissible deduction and forfeiture relating thereto and the maximum amount thereof;
  • the form in which a worker shall furnish information about himself and his family whenever required;
  • the nomination of a person to receive any amount of money standing to the credit of a worker after his death and the cancellation or modification of such nomination;
  • maintenance of record and register of members of the provident fund and returns to be furnished by the members;
  • the form or design of any subscription card, token or dice and the issue, custody and replacement thereof; and

(viii) the conditions under which a member may be permitted to pay premium for life insurance from the provident fund;

  • under Chapter XVIII—
  • the selection of apprentices and the conditions of contract of apprenticeship;
  • the manner relating to discipline, welfare, supervision and control of apprentices;
  • the forms of records to be maintained by the employers pertaining to the training of apprentices;
  • the periodical tests and grant of certificates on the successful completion of training; and
  • prescribing the standards for practical and theoretical tests.
  1. Provision for penalty in rules, regulations and schemes.—Provisions may be made in any rules, regulations or schemes that a violation or contravention of a provision thereof shall be punishable with imprisonment for a term which may extend to 3 (three) months, or with fine which may extend to 1,000 (one thousand) taka, or with both.
  2. Repeal and savings.—(1) The following laws are hereby repealed, namely:—
  • The Workmen’s Compensation Act, 1923 (VIII of 1923);
  • The Children (Pledging of Labour) Act, 1933 (II of 1933);
  • The Workmen’s Protection Act, 1934 (IV of 1935);
  • The Dock Labourers Act, 1934 (XIX of 1934);
  • The Payment of Wages Act, 1936 (IV of 1936);
  • The Employer’s Liability Act, 1938 (XXIV of 1938);
  • The Employment of Children Act, 1938 (XXVI of 1938);
  • The Maternity Benefit Act, 1939 (IV of 1939);
  • The Mines Maternity Benefit Act, 1941 (XIX of 1941);
  • The Motor Vehicles (Drivers) Ordinance, 1942 (V of 1942);
  • The Maternity Benefit (Tea Estate) Act, 1950 (XX of 1950);
  • The Employment (Records of Service) Act, 1951 (XIX of 1952);
  • The Bangladesh Plantation Employees Provident Fund Ordinance, 1959 (XXXI of 1959);
  • The Coal Mines (Fixation of Rates of wages) Ordinance, 1960 (XXXIX of 1960);
  • The Road Transport Workers Ordinance, 1961 (XXVII of 1961);

(p)           The Minimum Wages Ordinance, 1961 (XXXIV of 1961);

(q)           The Plantation Labour Ordinance, 1962 (XXIX of 1962);

(r)            The Apprenticeship Ordinance, 1962 (LVI of 1962);

(s)            The Factories Act, 1965 (IV of 1965);

(t)            The Shops and Establishment Act, 1965 (VII of 1965);

(u)           The Employment of Labour (Standing Orders) Act, 1965 (VIII of 1965);

  • The Companies Profits (Worker’s Participation) Act, 1968 (XII of 1968);

(w)           The Industrial Relations Ordinance, 1969 (XXIII of 1969);

  • The Newspaper Employees (Conditions of Service) Act, 1974 (XXX of 1974); and

(y)           The Dock Workers (Regulation of Employment) Act, 1980 (XVII of 1980).

(2) Notwithstanding such repeal, under any such repealed law—

  • anything done, any rules, regulations or schemes made, or any order, notice or notification issued or any chairman, member or officer appointed, or any Court, Tribunal, Board, committee or fund constituted, or any notice given, or any trade union or federation registered, or any collective bargaining agent elected or any complaint presented, or any application submitted, or any permission, licence, constitution, service rules or exemption granted, or any other action or proceedings taken or commenced shall, subject to conformity with the provisions of this Act, remain in force and shall be deemed to have been done, made, issued, appointed, constituted, given, registered, elected, filed, submitted, granted, taken or commenced under the corresponding provision of this Act, until repealed, or amended;
  • any case or proceedings pending in any Court or Tribunal at the time of commencement of this Act shall be continued in and heard and disposed of by such Court or Tribunal, as if such laws were not repealed.
  1. Original text and English text.—The original text of this Act shall be in Bangla and there may be an authentic text of translation in English of this Act:

Provided that in the event of conflict between the Bangla and English texts, the Bangla text shall prevail.

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