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Amendment ActActive

Bangladesh Labour (Amendment) Act, 2009

Act No. 66 of 2009

20094 pagesBangla

This document amends DOC-010

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Section 1. Short title and commencement.—(1)** This Act may be called the Bangladesh Labour (Amendment) Act, 2009.

**(2)** It shall come into force at once.

Section 2. Insertion of new Section 185A in Act No. 42 of 2006.—** In the Bangladesh Labour Act, 2006 (Act No. 42 of 2006), hereinafter referred to as the said Act, after Section 185, the following new Section 185A shall be inserted, namely:

Section 185A. Registration of Trade Unions, etc., in Chittagong Port Authority and Mongla Port Authority.—(1)** Notwithstanding anything contained in this Chapter, the employees employed in the service of the Chittagong Port Authority and Mongla Port Authority may form their own trade unions.

**(2)** The employees employed in the Chittagong Port Authority and Mongla Port Authority may form only one trade union each in their respective authorities. **(3)** Subject to the provisions of sub-section (5), the workers and employees collectively engaged in work under appointment letters issued by port users, berth operators, ship handling operators, and other port-related establishments in Chittagong and Mongla Ports may form only one trade union each in their respective ports. **(4)** The employers employing workers in the Chittagong Port Authority and Mongla Port Authority may form only one trade union each collectively in their respective authorities. **(5)** No worker or employee shall be a member of any trade union under sub-section (3) unless— (a) he has been continuously employed for more than 1 (one) year in the port user, berth operator, ship handling operator, or other port-related establishments; and (b) he holds an appointment letter as a worker or employee. **(6)** The trade unions under this section shall be formed within 6 (six) months from the commencement of the Bangladesh Labour (Amendment) Act, 2009. **(7)** Upon the formation of trade unions under this section or after the expiry of the 6 (six) months period mentioned in sub-section (6), all existing trade unions formed for employers employing workers, employees, and other employers and workers associated with port operations in the Chittagong Port Authority and Mongla Port Authority shall stand dissolved. **(8)** Notwithstanding anything contained in other sections of this Act, the Government may, in the public interest,— (a) regulate the activities of trade unions formed under this section, subject to other provisions of this Act; and (b) take measures to cancel the registration of any trade union under Section 190.

Section 3. Substitution of Section 243 of Act No. 42 of 2006.—** For Section 243 of the said Act, the following Section 243 shall be substituted, namely:

Section 243. Utilization of Welfare Fund.—(1)** Subject to the provisions of sub-section (2), the money deposited in the Welfare Fund shall be utilized in such manner and for such purposes as may be determined by the Board of Trustees, and the Board shall inform the Government thereof.

**7352 BANGLADESH GAZETTE, EXTRAORDINARY, NOVEMBER 12, 2009** **(2)** In utilizing the deposited money, fifty percent of such money shall be deposited into the Workers’ Welfare Fund established under Section 14 of the Bangladesh Workers’ Welfare Foundation Act, 2006 (Act No. 25 of 2006).

Section 4. Omission of Chapter XVI of Act No. 42 of 2006.—** Chapter XVI of the said Act shall stand omitted.

Section 5. Insertion of new Chapter in Act No. 42 of 2006.—** After the omitted Chapter XVI of the said Act, the following Chapter XVIA shall be inserted, namely:

## **CHAPTER XVIA** ### **PROVISIONS RELATING TO THE ABOLITION OF DOCK WORKERS MANAGEMENT BOARD**

Section 263A. Special provisions regarding abolition of Dock Workers Management Board, etc.—(1)** The Dock Workers Management Board established under the omitted Section 254 of Chapter XVI in the Chittagong Port Authority and Mongla Port Authority, hereinafter referred to as the said Board, shall stand abolished, and the registration of registered dock workers of the said Board shall be deemed to have been cancelled.

**(2)** Notwithstanding the abolition of the said Board,— (a) all its officers and employees shall be absorbed, respectively, into the Chittagong Port Authority and Mongla Port Authority and shall become officers and employees thereof, and until altered by the Chittagong Port Authority or, as the case may be, the Mongla Port Authority, they shall continue in the service of the respective authority on the same terms as they were employed in the abolished said Board; (b) in absorbing all its officers and employees under clause (a), the provisions of the Surplus Public Servants Absorption Ordinance, 1985 (Ord. No. XXIV of 1985) shall be followed; (c) all provident fund, gratuity, welfare fund, and liquid fund liabilities of its officers and employees shall be transferred, without liability, to the Chittagong Port Authority and Mongla Port Authority, respectively, and the respective authorities shall maintain and manage the same; (d) all its assets, rights, powers, privileges, movable and immovable properties, cash and bank or financial institution deposits, investments, all account books, registers, records, and other documents shall be transferred and vested in the Chittagong Port Authority and Mongla Port Authority, respectively, and the respective authorities shall become the owners thereof;  **BANGLADESH GAZETTE, EXTRAORDINARY, NOVEMBER 12, 2009 7353** (e) all debts, liabilities, and obligations of the said Board immediately before its abolition and all contracts entered into by or with it shall be deemed to be the debts, liabilities, and obligations of the Chittagong Port Authority and Mongla Port Authority, respectively, and contracts entered into by or with them; (f) all suits or legal proceedings instituted by or against the said Board immediately before its abolition shall be deemed to be suits or proceedings instituted by or against the Chittagong Port Authority and Mongla Port Authority, respectively, and shall be heard and disposed of accordingly. **(3)** If any difficulty arises in giving effect to the provisions of sub-section (2) due to ambiguity, the Government may, by order, clarify or interpret such provisions and take any necessary measures to remove such difficulty.

Section 6. Amendment of Section 306 of Act No. 42 of 2006.—** In sub-section (1) of Section 306 of the said Act, for the words “up to six years”, the words “up to three months” shall be substituted, and for the words “up to two thousand taka”, the words “up to five thousand taka” shall be substituted.

Section 7. Amendment of Section 307 of Act No. 42 of 2006.—** In Section 307 of the said Act, for the words “imprisonment for a term which may extend to three months, or with fine which may extend to one thousand taka, or with both”, the words “with fine which may extend to five thousand taka” shall be substituted.

Section 8. Special provisions regarding validation.—(1)** Any act done or measure taken under the Bangladesh Labour (Amendment) Ordinance, 2008 (Ordinance No. 14 of 2008), hereinafter referred to as the said Ordinance, shall be deemed to have been done or taken under this Act.

**(2)** Notwithstanding the expiry of the said Ordinance in accordance with Article 93(2) of the Constitution of the People’s Republic of Bangladesh, any act done or measure taken in continuity thereof or deemed continuity after such expiry shall be deemed to have been done or taken under this Act. **Ashfaq Hamid** **Secretary.** Printed by Md. Mahbub Khan (Deputy Secretary), Deputy Controller, Bangladesh Government Press, Dhaka. Published by Md. Abul Kashem, Additional Controller (in-charge of Deputy Controller), Bangladesh Forms and Publications Office, Tejgaon, Dhaka. www.bgpress.gov.bd  **7354 BANGLADESH GAZETTE, EXTRAORDINARY, NOVEMBER 12, 2009**