Bangladesh Labour Rules, 2015

Pregnancy Welfare Benefits

Special Regulations regarding Health, Health Rules and Safety 68) 1) the 1. Hazardous activities: The following activities shall be considered as hazardous in order to fulfill purposes of Section 79: Producing ‘aerated water’ and performing relevant activities; 2. Corrosion/oxidation of metallic substances through electrical process with chromic acid or any other chromium compound or coating with metallic substances through electrical analysis; 3. Manufacturing electrical accumulator or repairing the same; 4. Producing glass or glass materials; Bangladesh Gazette, Extra, September 15, 2015 7354 5. Sharpening metals or making it shiny; 6. Making compounds of lead or working with leads or repairing the same; 7. Producing gas from hazardous petroleum; 8. Cleaning or smoothening materials with Air Compressor or steams or haphazard products; 9. Liming and tanning raw hides and the activities related therewith; 10. Softening activities of jute, ‘shon’ or other types of fiber with instruments; 11. Storing bundles of goods that weigh more than 50 kgs, adorning them or carrying them to any ship or other forms of transport; 12. Producing cellulose solution, using or storing the same; 13. Producing chromic acid or sodium bi-chromate or potassium bi-chromate or ammonium bi-chromate and reclaiming the same; 14. Performing works with lead in printing house or type foundry; 15. Producing compressed hydrogen or compressed oxygen; 16. Producing ceramic goods or potteries; 17. Producing rayon through alkali metals; 18. Processing of plastic or polythene goods; 19. Breaking old ships and working in places that have the possibility of storing toxic gas, for example: abandoned or closed well, septic tank, sewerage line etc.; 20. Producing chemical fertilizers or chemical substances; 21. Breaking or crushing bricks, hard-rocks with machineries; 22. Working in places that are at least 3 meter high above the ground or at least 2 meter deep below the ground; 23. Working in electrical wiring or electricity conductive lines; 24. Working in brick furnace; 25. Working in mines; Bangladesh Gazette, Extra, September 15, 2015 7355 26. Melting metallic substances in high temperatures and converting, cutting and pairing the same; 27. Manufacturing environment where the sound level is more than 80 decibels; 28. Grinding hard-rocks or stones that are used in power press (without hydraulic press) and metal trade; 29. Working with cutter machines; 30. Working with circular saws; 31. Working with plate printing machine and 32. Fishing in deep sea. 2) The Inspector General can declare the activities that are excluded from Subsection (1) and the related activities as hazardous if he/she thinks those activities as risky. Employment of children, teenage laborers in the activities that are 3) mentioned in Sub-section (1) and (2) and the activities that declared as dangerous from time to time by the Inspector General or his representative is prohibited. This is to notify that Inspector General can declare the activities that are unfit for female workers and pregnant women. 4) The owner of the institute shall conduct the physical fitness test of the workers on his/her own cost, by a registered Physician, for the activities that are described in Sub-section (1) and (2) and he/she would receive a Medical Certificate of each worker as per Form-26, certifying his fitness for performing the activities. 5) The owner must receive the physical fitness certificate of each worker mentioned in Sub-section (4), which has to be certified by a registered Physician, at least once a year. 6) The concerned Physician and the owner must preserve the copies of physical fitness certificate in separate registers as per the description of Form-26 (a) and the certificate should follow the description mentioned in Sub-section (4) and (5). 7) If any worker is found to have occupational exposure to toxicity or if he/she is found to be sick from toxic substances, the certifying Doctor and the Owner of the institute or the concerned worker or the person assigned by him must inform the Inspector through Notice as per Form- 29 within 24 hours of the happening. The Inspector shall rapidly send the worker to District Civil Surgeon for further investigation. Bangladesh Gazette, Extra, September 15, 2015 7356 8) After conducting medical tests of the concerned worker, the Civil Surgeon shall submit a Report to Inspector General or his/her authorized representative. Thereafter, the Inspector shall send a letter to the Owner of the institute for taking necessary steps in this regard. This is to be noted that all costs/expenses regarding medical test reports of the worker must be borne by the Owner. 9) The data about the disbursement of personal safety equipments that are required for performing the activities mentioned in Section 79 (d) must be preserved as per Form-23. 10) The owner shall place Material Safety Data Sheet (MSDS) of dangerous materials in an easily noticeable place so that the employed worker can be well informed about the possible hazards. 11) The institute, having consultation of Inspector General or his/her authorized representative, must arrange snacks or nutritious foods (Tiffin) for the workers who are employed for performing the aforementioned hazardous activities in order to maintain their health and hygiene. 69) 1) a) Notifying about the accident: If a person dies due to an accident or if there remains no possibility of him/her attending the workplace within the next 20 days of the happening, the accident shall be considered as ‘Fatal’ or ‘Serious’ as per the severity and extent of the losses. Right after the happening, the Chief Representative of the institute must notify the following persons or institutes through telephone, fax, email or special messenger: General Inspector; b) The concerned Deputy Commissioner; c) The concerned Inspector; d) Nearby Fire Service Station; e) Nearby Hospital or Health Center and f) In case of death or fatal accident, the Officer-in-Charge of the concerned Police Station under which the institute is located or Industry Police has to be informed; 2) The Notice sent through telephone, fax or email must be sent within two days of the happening in compliance with the description of the Form-27. If the Notice is submitted with the help of special messenger, the Notice should follow the description of the Form-27. Bangladesh Gazette, Extra, September 15, 2015 3) 70) 71) 72) 1) 7357 Within 2 months of the accident or after the workers’ joining the workplace, the Owner of the institute or his/her authorized representative shall submit a Final Report to the concerned Deputy Inspector General of the District, describing the latest status of the accident, in accordance with the description of Form-27(a). Notifying about the minor accidents: If a worker cannot join the workforce within 48 hours of the accident and if he/she remains absent from the workplace for maximum 20 days, the happening shall be considered as Minor Accident. At this, the concerned institute must notify about the accident in accordance with Form-27 to the concerned authorities mentioned in Clause (a), (b) and (c) of Sub-section (1) of Rule 69, within 7 days of the happening. Notifying about hazardous incidents: In case of explosion, fire, building collapse or malfunction of machineries, the concerned institute must notify about the accident in accordance with Form-27 (b) to the concerned authorities mentioned in Clause (a), (b) and (c) of Sub-section (1) of Rule 69, within 3 workdays of the happening though no worker/employee is injured therein. Place of fatal accident: In case of mutilation (loss of organs) or death, the occurrence place must be preserved in the intact state, which was prevalent after the incident, up to minimum 3 days until the Inspector visits the spot. 2) The Inspector shall collect data for conducting investigation of the incident and he/she would inform the Owner of the institute about the next due procedures. 3) In order for conducting rescue operation and saving lives and properties, the concerned person can violate all regulations coded in Sub-section (1) and (2). 73) 1) Register of the accidents and Report of half-yearly accidents: Authority of every institute shall preserve the record of each accident or mishap in the Register in accordance with Form-28. The authority would also accurately record the steps taken by the institute in relevant Register. The recorded data as per Sub-section (1) shall be submitted to the Inspector as Half-Yearly Accident Data Report within 10 working days after expiry of 6 months over the records. Notice about occupational diseases and toxicity: 1) As per Section 82, if the Owner gets informed that the worker has been affected by any of the diseases that are mentioned in Schedule No. 2, the Owner or the concerned worker or the representative of the worker shall notify the Inspector about the happening within the next 24 hours in accordance with the description of Form-29. 2) 74) Bangladesh Gazette, Extra, September 15, 2015 2) 3) 4) 75) 7358 After being r and sea ports and for breaking buildings, bridges and other types of constructions. informed as per Sub-section (1), the Inspector shall send the worker to District Civil Surgeon in order for conducting further investigations. After conducting medical tests of the concerned worker, the Civil Surgeon shall submit a Report to Inspector General or his/her authorized representative. Thereafter, the Inspector shall send a letter to the Owner of the institute for taking necessary steps in this regard. This is to be noted that all costs/expenses regarding medical test reports of the worker must be borne by the Owner. Supplementary rule regarding safety: The concerned institute must obey the regulations mentioned in Schedule-3 regarding the occupational safety and health related issues of the workers who are employed for loading and unloading of goods and materials in business compounds, vehicles, ships, rive

Welfare Arrangements a) Equipments of Primary Aid: 1) As per Section 89(1), At least a Primary Aid Box or Cupboard/Almirah must be there in each department, section and floor. The box or cupboard must be marked with Red Crescent or Cross symbol. In addition, there shall be additional equipments as per the description of sub-section 2, 3 and 4 mentioned below, basing on the number of workers or employees. If the number of workers/employees is not more than 10 in the concerned institute, department, section and floor where mechanical power is used or if the number of workers/employees is not more than 50 in the workplace where mechanical power is not used, the following equipments must be each cupboard or almirah of those workplaces: 6 small sterile bandages; b) 3 packets of disinfected cotton, weighing 0.5 ounce each; c) 3 medium sized disinfected bandages; d) 3 large sized sterile bandages; e) 3 large sized sterile bandages that are used in case of burns; f) 1 bottle of Hibisol or Hexasol, weighing 1 ounce; g) 1 bottle of rectified Spirit, weighing 1 ounce; h) 1 pair of scissors; 76) 2) Bangladesh Gazette, Extra, September 15, 2015 7359 i) 1 copy of leaflet regarding primary aid; j) Analgesic and antacid type of tablets, ointments used for burnt parts, ointments for eyes and antiseptic solution appropriate for surgery and k) 3 packs of edible saline. 3) a) Following equipments and supplies shall be preserved in the Primary Aid Box or Almirah of the institute, department, section and floor where the number of employees/workers is more than 10 but less than 50: 12 small sized sterile bandages; b) 6 medium sized packs of disinfected cotton; c) 6 large sized sterile bandages; d) 6 large sized sterile bandages that are used in case of burns; e) 6 packs of disinfected cotton, weighing 0.5 ounces each; f) 1 bottle of Hibisol or Hexasol, weighing 2 ounces; g) 1 bottle of rectified Spirit, weighing 2 ounces; h) Instruments of clogging/stopping bleeding such as Turnicate; i) 1 roll of adhesive plaster; j) 1 pair of scissors; k) 1 copy of leaflet regarding primary aid; l) Analgesic and antacid type of tablets, ointments used for burnt parts, ointments for eyes and antiseptic solution appropriate for surgery and m) 6 packs of edible saline. 4) Until next regulation is issued by the General Inspector, following equipments and supplies shall be preserved in the Primary Aid Box or Almirah of the institute, department, section and floor where the number of employees/workers is more than 50: a) 12 packs of disinfected cotton, weighing 0.5 ounces each; b) 12 medium sized packs of disinfected cotton; c) 12 large sized packs of disinfected cotton; d) 24 small sized disinfected bandages; Bangladesh Gazette, Extra, September 15, 2015 7360 e) 12 large sized packs of sterile bandages used in case of burns; f) 12 roller bandages, having breadth of 4 inches; g) 12 roller bandages, having breadth of 2 inches; h) 6 triangular bandages; i) Instruments of stopping bleeding such as Turnicate; j) 1 bottle of Alcoholic solution, bearing 2% of iodine, weighing 4 ounces; k) 1 pair of scissors; l) 1 bottle of rectified Spirit, weighing 4 ounces; m) 2 packs of safety pin; n) 12 slices of bamboo or wood, which is used in case of bone fracture; o) Analgesic and antacid type of tablets, ointments used for burnt parts, ointments for eyes and antiseptic solution appropriate for surgery and p) 12 packs of edible saline. q) 1 copy of leaflet regarding primary aid. 5) The person employed for the supervision of the box or almirah and the relevant accessories and supplies must test the usefulness of the materials at least once in every 3 months’ period. In addition, the relevant materials have to be replaced one month before the expiry of them. 6) If an institute that has a treatment unit/room with adequate supplies of appropriate materials or if the institute has all necessary things, preserving the minimum requirements in Primary Aid Box as per the description of Sub-section (2) shall suffice for the institute; provided that the institute shall preserve/store the additional supplies that are ordered by the Inspector from time to time. 77) Treatment Room/Unit: 1) At least one registered Physician shall be in each Treatment Unit of the institute or factory with the facility of dispensary. Additionally, at least one trained compounder or medical assistant, nurse and subordinate employee shall be employed for helping him/her, provided that at least two registered Physicians shall be recruited in case of an institute where more than three thousand employees/workers work and necessary number of medical assistant and nurse shall be recruited for helping the Doctors. Bangladesh Gazette, Extra, September 15, 2015 7361 2) The medical room must be separate from all other parts of the institute as much as possible and it must lie far off the sections of the institute that produces high level of sound and noise. 3) The layout and land of the building or parts thereof meant for using as Patient Room must be approved by the Inspector General or his/her authorized representative. 4) The floor of the Treatment Unit must be smooth, impervious and strong. The walls thereof shall be impervious and 1.50 meter high. It must have adequate air ventilation facilities and it should have natural light and artificial facilities of illumination. 5) The medical room shall be used for primary aid and the comforts of patients. It must have at least following furniture and equipments: a) 1 coated pot of hot and cold water; b) 1 table measuring 1.85 X 1.10 meters with smooth surface; c) Arrangement of disinfecting equipments; d) 2 beds for lying, 2 stretchers and 1 wheel chair; e) 2 buckets or pots with closely-fitted lids; f) 1 kettle for boiling water and Spirit stove or any other appropriate arrangement; g) 12 wooden ‘choti’ of general type, measuring 91.44 cm X 10.16 cm X 0.63 cm; h) 12 wooden ‘choti’ of general type, measuring 35.56 cm X 7.62 cm X 0.63 cm; i) 6 wooden ‘choti’ of general type, measuring 25.40 cm X 5.08 cm X 0.63 cm; j) 6 woolen blankets; k) 1 pair of artery forceps; l) 2 middle sized sponges; m) 6 hand towels; n) 4 trays; o) 4 carbolic soap; p) 2 glass pots; Bangladesh Gazette, Extra, September 15, 2015 7362 q) 2 thermometers and several hypodermic syringes; r) Gas measurement tools and tea spoons; s) Eyewash station; t) 1 bottle of 1:20 carbolic lotion; u) 3 chairs; v) 1 curtain; w) 1 electric hand torch; x) One primary aid box or almirah as per Section 76(1); y) Adequate supply of serum that is preventive of Tetanus and z) Instruments for stopping bleeding, for example- Turnicate. 6) If there is no arrangement of transports from the hospital, the institute must arrange speedy transports in the appropriate and efficient state in order for tackling the accidents or sickness efficiently. 7) All documents and records related with treatment history and accidents must be preserved in the Medical Unit and the unit, if needed, must show them to the Inspector. 8) The medications that are issued by the Inspector from time to time must be preserved in the dispensary in accordance with the directions. 78) Health Center: 1) As per the regulations of Section 89(6), if minimum 5000 workers and employees work in the institute/s that is/are owned by the same Owner: a) The Owner of the institute shall establish a Health Center. Following number of medical staff must be in the Health Center in order to provide treatment facilities to workers/employees: i) At least 2 registered Physicians for 5000 to 7500 workers-employees; ii) At least 3 registered Physicians for more than 7500 workers-employees; Bangladesh Gazette, Extra, September 15, 2015 7363 iii) At least 1 trained Nurse and an able Dresser with minimum quality for each Doctor, provided that at least one female Doctor must be recruited if there is a rule for recruiting more than one Physician. b) As per Section 77, there is no need for separate medical room. However, minimum 6 beds must be in each Health Center. c) The number of beds must be increased at the rate of one bed per 1000 in addition to 5000 workers-employees. Side by side, at least 3.72 square meters of land/space should be allotted for each bed. However, informing the General Inspector, the Owner can relax the floor area in emergency period. d) Following facilities must remain in each Health Center of the institute: i) Separate bed for male and female workers; ii) Separate bathroom and toilet and separate room for infectious diseases; iii) Separate room for outdoor patients along with sitting facilities; iv) Separate room for examining patients privately; v) Dressing room for minor operations; vi) Store for preserving the medicines of dispensary; vii) Providing free medications and food to the workers under treatment; viii) Arrangement for providing data, training and consultation regarding family welfare and reproduction health’ ix) Arrangement for providing service and consultation to the pregnant workers before and after childbirth; x) As per the advice of registered Physician, if conducting clinical x-ray, physical therapy etc. proves to be necessary, the cost of conducting the same has to be borne by the owner; Bangladesh Gazette, Extra, September 15, 2015 7364 However, if the Owner, having permission from the Inspector General or his/her authorized representative, can manage to provide free medication and treatment to the worker in the nearby hospital, there is no need to have clinical laboratory, x-ray and physical therapy department in the Health Center. This is to be noted that the Owner, having permission from the Inspector General or his/her authorized representative, can provide free medication and treatment facilities by any approved hospital nearby as per written agreement if there remains no space for building Health Center in the institute. 2) Following facilities must remain in the Health Center: a) Indoor and outdoor treatment facilities for all workers in the institute; b) If the medical tests or treatments are to be conducted in any contracted hospital or pathological clinic, the Owner shall bear the costs of carrying the worker/s from the workplace to the concerned clinic. 3) The Owners residing in adjacent building or in the same building can jointly establish Health Center and the Health Center shall be subject to following conditions: a) The Health Center shall be constructed as per the layout and plan approved by the appropriate authority. b) Treatment facilities shall be conducted as per Sub-section (1) and (2). 4) If an Owner wishes to provide health facilities to the workers in a jointly established Health Center, he/she can do the same, having joint consent from the neighborhood Owners. The fact has to be notified to the Inspector General or the Inspector authorized by him/her. In that case, the Inspector General or the Inspector authorized by him/her can exempt the Owners of jointly established Health Center from the conditions set in Sub-section (1). 5) All equipments, injections and medications that are determined by the Inspector General or the Inspector authorized by him/her in consultation with the Director of Public Health Department of Bangladesh must remain in all Health Centers. 6) All responsible medical officers of each Health Center must preserve the medical records of each patient who has received treatment from it. Bangladesh Gazette, Extra, September 15, 2015 7365 7) Annual Returns related with the administration of Health Center must be sent in accordance with Form-81 (i) and Section 362 (2) (b). 79) Welfare officer: 1) As per Section 89(8), if the number of employees in any institute is 500 or more and if the number of workers in a Tea Garden is 500 or more, there must be an able Welfare Officer. However, if the number of employees exceeds 2000, one additional Welfare Officer must be recruited for every additional fraction. 2) The following responsibilities are assigned upon the Welfare Officer: a) Encouraging the formation of different unions, joint manufacturing committees, co-operative society and welfare committee of the workers and supervising their activities; b) Observing different facilities including, canteen, waiting room, childcare center, adequate number of toilets and latrines, drinking water etc. c) Helping the workers for having leaves granted with salary facilities and informing the workers about all kinds of leaves and other relevant regulations; d) Observing all kinds of labor facilities including, house financing, foods, recreational and social facilities in all co-operative societies, arrangement of health and hygiene maintenance, educational facilities of children of the workers; e) Trying to improve the works and standard of living of the workers and recommending for their welfare and benevolence; f) Providing advice to the respective authority for arranging training for the new workers, developing the standard of education of the workers and encouraging them to be enrolled in technical institutes and helping them to receive approval for doing the same; g) Providing necessary help and advice to the workers and the Management Authority in order to implement the regulations of the institute; h) Maintaining contact with the medical officers and the authority of the factory/institute to provide better treatment facilities to the workers; i) Taking steps for the development of worker-owner relationship; Bangladesh Gazette, Extra, September 15, 2015 j) 7366 Having discussion between the representative of the workers and the Owner Party about the conditions of service/labor contract; k) Taking steps rapidly for reconciliation if there happens to be disagreement between the Owner and the workers; l) Hearing the statements of the workers and helping the Owner and the workers in order to remove the difference of opinions between the two parties; m) Notifying to the authority for speedy disposal of the objections that the workers have individually or collectively; and n) Making connections and arranging dialogue between the parties for maintaining co-operative relationship between the Owner and the workers; 3) The Welfare Officer should have following conditions: a) At least honors degree and relevant training and expertise in the field of labor and industrial setting; and b) Expertise in respect of labor law, industrial relationship and disposal of complaints; 4) The Manager or the Owner of the business institute must inform the Inspector General or the Inspector authorized by him/her in written form about the recruitment of Welfare Officer or about his/her termination from the post within 15 days. In case of termination from the post, the vacancy must be filled up as soon as possible. 5) The authority shall provide all kinds of help and support to the Welfare Officer to execute the responsibilities detailed in Sub-section (2). 80) Preserving Safety Record Book and showing Safety Data Board: 1) As per Section 90, following data and information must be preserved in the Safety Record Book of each factory or industry unit and the book has to be shown to the Inspector if the same is sought by him/her: a) List of equipments and chemical products that might pose severe health hazard or risk; b) Preventive measures taken against hazardous products, possible effects of them upon the health of the workers and the arrangement of primary aid; c) Description of personal protection instruments preserved for workers and details about the instruments used by the workers; Bangladesh Gazette, Extra, September 15, 2015 7367 d) Complete list of instruments; e) The date on which fire drill was conducted and the number of participants in it; f) Date of refilling the fire-extinguishing instruments and containers; g) Information about the electrical wiring and the tests conducted about the usefulness of the instruments; h) List of the members of safety committee and the date of arranging training related therewith and the number of trainees in it; i) And other types of data related with safety that is taken by the Owner; 2) Major data recorded in Safety Book must be shown in a Safety Data Board that is hung in an easily noticeable place of the institute. 81) Formation of Safety Committee and other issues: 1) As per Section 90 (a), the Owners of the institute where 50 or more workers are employed or were employed in a certain period of time in the year shall form Safety Committee. However, Safety Committee must be formed within 6 (six) months of the application of this Code in the present factories/institutes or within 9 (nine) months of the application of this Code in the newly established factories/institutes. In addition, as per Section 183 if the institutes of a business group remains scattered in more than one sub-district/upazila or if the Owners work region-wise, then upazila/subdistrict wise Safety Committee must be formed. 2) Total number of members in the Safety Committee shall not be less than 6 (six) or more than 12 (twelve) and there shall be equal number of representatives in it from the Owner Party and the Worker Party. 3) There shall be a President, a Vice President and a Member Secretary and other members in the committee. 4) All members shall unanimously select a Member Secretary in the first meeting of the committee. 5) The committee can distribute the responsibility of different departments, sections and the responsibility related with occupational health and safety upon its members. 6) The committee shall nominate its President. On the other hand, the Owner of the factory or Managing Director of the industry unit shall nominate their representative for the committee. In addition, Vice President and the Representative on behalf of the workers shall be nominated through joint bargaining or Collective Bargaining Agent (CBA) or by the representatives of the workers. Bangladesh Gazette, Extra, September 15, 2015 7368 7) The ratio of the members in the Safety Committee shall be determined by the number of employees in following ways: a) Total number of Members in the Safety Committee shall be 6 (six) in case of 50 to 500 workers employed in any factory/industry unit. b) Total number of Members in the Safety Committee shall be 8 (eight) in case of 501 to 1000 workers employed in any factory/industry unit. c) Total number of Members in the Safety Committee shall be 10 (ten) in case of 1001 to 3000 workers employed in any factory/industry unit. d) Total number of Members in the Safety Committee shall be 12 (twelve) in case of 3001 or more workers employed in any factory/industry unit. 8) The Representative for joint bargaining shall nominate Workers’ Representative from the workers working in each section, department, floor, storehouse and unit separately. Then, the nominated/elected Representative shall be included in the Safety Committee. 9) If there is no Representative for joint bargaining in any institute/factory, the Representatives included in the committee on behalf of the workers shall nominate the Workers’ Representative (joint bargaining) for the Safety Committee, from the workers who are employed in various sections, departments, floor, storehouse and units. 10) If there was no initiative for arranging the nomination of Workers’ Representative in the Safety Committee due to inevitable reasons or as per Subsection (8) and (9), the Inspector General or the Inspector authorized by him/her, after being informed about the issue, shall arrange election among the employed workers for electing the workers’ Representative. However, in this case, the Representative for joint bargaining or the committee shall nominate the Workers’ Representative within 30 (thirty) days’ of formation of the committee as per Sub-section (8) and (9). Bangladesh Gazette, Extra, September 15, 2015 7369 11) Within 7 (seven) days of the nomination of Workers’ Representative, the Owner shall nominate his/her representative. Within 15 (fifteen) days of this type of nomination, the President shall call the first meeting of the Safety Committee, having discussion with the Vice-President and other members. 12) The President shall inform the Inspector General about the formation of Safety Committee through written form within 10 (ten) days of holding the first meeting. 13) If there are at least one-third of female workers in any institute, at least onethird of the Workers’ Representative must be nominated from female. 14) If the Safety Committee thinks that there is a need for taking expert help regarding the safety of the factory, the committee can implement the same type of views. 82) Vacancy of the posts in Safety Committee and filling up the vacancy: 1) After the formation of the committee, if there is an announcement of vacancy in the Member posts due to resignation, retirement, termination of jobs, death of a Member, the vacancies can be filled up, having support from minimum two-third Members of the Safety Committee; Provided that the Workers’ Representative shall be nominated from the workers and the Owner’s Representative shall be nominated by the Owner. 2) The Inspector General or the Inspector authorized by him/her must be informed if any change occurs in the posts of Safety Committee. 83) Term of Safety Committee: The term of Safety Committee shall last for 2 (two) years after holding the first meeting. 84) Special rule: The factory or industry unit or group of institutes, where less than 50 (fifty) employees work, can follow this Code in order to ensure occupational health and safety. 85) Duties, responsibilities and power of Safety Committee: Safety Committee shall fulfill the duties and responsibilities mentioned in Schedule-4. Bangladesh Gazette, Extra, September 15, 2015 7370 86) Cleaning and washing facility: 1) As per Section 91, every institute shall have adequate and appropriate bathroom and washing facilities for all workers and the same must be maintained duly. 2) The arrangement of soap, germicide, nail brush in applicable cases, other appropriate arrangement for cleaning nails must be included in washing facilities. These facilities must remain easily reachable, clean and orderly. 3) As per Section 91 (1) (a), bathroom shall include following arrangements: a) Al least 2 (two) separate bathrooms for the first 25 (twenty five) male and female workers and 01 (one) bathroom for every subsequent 50 (fifty) workers must be arranged in the working conditions that require instant washing of the whole body of the workers or if the whole body is not washed, there remains a severe health hazard. However, the previous washing facilities as per previous rule shall remain effective in this regard. b) Following arrangement must be included in bathroom facilities without harming the generality of previous rule: Tap after minimum 0.60 meters of distance or water trough with jets; i. ii. Wash basin with tap attached; iii. Tap upon the straight tube; iv. Tap controlled shower or fountain v. and circular water trough with fountain shape; provided that the Inspector shall determine the aforementioned facilities in due proportions after careful observation of the workers’ need and habit. 4) The surface of every trough basin must be impervious and smooth. In addition, pipe and flash system must be added therewith. 5) The floor or surroundings of every trough, tap, wash-basin, straight tube and fountain must be designed in such a way so that the surface area becomes smooth and impervious and the used water are extracted soon. Bangladesh Gazette, Extra, September 15, 2015 7371 6) One tap must be installed for every 15 (fifteen) workers who are to touch or handle hazardous and poisonous materials. 7) In case of female workers, separate bathrooms must be arranged for them. Additionally, washing facilities must be covered in such a way so that the male workers cannot see the inside area of the bathrooms while working or moving 8) A clear and easily understandable notice stating, “Only for females” must be placed in the entrance of female bathrooms/washrooms and the instruction has to be presented with pictures. 87) Canteen: 1) The Owner of the institute where more than 100 (one hundred) workers are employed shall arrange a canteen for the workers, facilitating adequate space for minimum 10% of total number of workers. However, if the aforesaid canteen can accommodate 30% of the total workers for having meals, the Owner is not obliged to arrange a separate meal room as per

Working Hours and Leave 99) Daily working hours: Irrespective of whatever is there in other rules and regulations, the daily working hours of all adult workers shall be 8 (eight) hours, excluding the time for having meals and the break period. However, as per the regulation of Section 108, the workers can be made to work for maximum 10 hours on the condition of giving remuneration for overtime hours. In addition, in that case, the worker’s consent has to be gained and he/she has to be informed minimum two hours before the commencement of overtime works. Bangladesh Gazette, Extra, September 15, 2015 7377 Furthermore, if there are more favorable agreements or traditions for the workers regarding the working hours, overtime duty and overtime allowance, the agreements or the traditions shall remain effective. 2) The workers who are employed in construction, re-rolling, steel mills, ship breaking industry and hazardous works mentioned in Section/Rule 68 cannot be made to work again without giving them half an hour break after every two hours of work alternately. However, in order to materialize the purposes mentioned in Section 101 (d), the Owner cannot deduct the wages of the workers for giving this type of rest. 3) The Owner cannot oblige the workers who are employed in the industries and activities mentioned in Sub-section (2) to work for more than 10 (ten) hours a day including the overtime. 100) Weekly leave of the institute and factory: As per the regulations of Section 103 and 114, weekly leave of any factory or institute shall be considered as weekly holiday of it. However, the Inspector General can issue gazettes notifying about region-wise holiday of the institute or the factory for the benefit of mass people. The leaves and holidays mentioned in this Section/Rule shall be applicable in the factories and institutes that are run by the family members of the Owner or the institutes where no workers work in exchange of wages. 101) Weekly leaves with compensation/salary: 1) As per Section 103, if weekly leaves cannot be given to the workers, the due leaves must be given to them within the next 3 (three) working days. 2) No worker cannot be made to work for more than 10 (ten) days consecutively without giving him/her the weekly leave. 3) As per Section 104, the dues of exempted workers must be paid to the workers within 30 days of receiving any weekly leaves with compensation facilities. 4) After the approval of the leaves with compensations, the Manager of the institute shall hang a notice of the type of leave as per Section 104. However, if there is a need for bringing change in the leave notice, the change has to be brought before at least 3 (three) days of that leave. Bangladesh Gazette, Extra, September 15, 2015 7378 5) If the job of any worker gets terminated before enjoying the leaves with compensation, the worker has to be paid full wages for the unconsumed/unenjoyed leaves along with paying all other dues. 6) The Owner of the institute shall preserve a Register of leaves with compensation in accordance with Form-33. The Register has to be preserved for 3 (three) years after the last entry. The Register has to be submitted to the Inspector whenever he/she wants it. 102) Method of calculating the general rate of overtime allowance: 1) As per Section 108, if there are not different agreements, the general rate of overtime allowance per hour shall be calculated in the following ways: a) 1/8 of daily wage amount in case of the workers employed in terms of daily wage; b) 1/48 of weekly wage amount in case of the workers employed in terms of weekly wage; c) 1/208 of monthly wage amount in case of the workers employed in terms of monthly wage; N.B: 52 ÷ 12 X 48 hours = 208 hours shall be calculated as one month period. The rate of overtime allowance per hour = monthly basic wage and allowance and adhoc or interim wage (if any) X 2 X overtime hours/208 hours. 2) If overtime duty is performed by any worker of the institute, the Owner of the institute or his/her authorized officer, after the end of the work, shall give the worker a card or slip where his/her signature shall be attached. 3) The production target for the worker, employed in terms monthly, weekly or daily basis or contractual basis or in accordance with piece-rate, shall not be fixed in such a way so that Section 100 is violated. 4) The calculation of overtime duty shall be kept preserved in Registers in accordance with Form-34. 103) Working hours of female workers: 1) Written consent of the female worker as per Form-35 has to be obtained if she is to work from 10:00 PM (22:00 hours) to 06:00 AM (06:00 hours). 2) The consent of the female worker, which is mentioned in Sub-section (1), shall remain valid for 12 (twelve) months if she does not withdraw the same. Bangladesh Gazette, Extra, September 15, 2015 7379 3) In case of withdrawing/revoking the consent, the female worker shall apply according to the Form-35 (a). 4) The data about the night duty of female workers has to be preserved in Registers in accordance with Form-36. 104) The conditions for letting the workers work in more than one institute: In accordance with the regulation of Section 110, the Inspector General or the Inspector authorized by him/her shall abide by the following conditions while permitting the workers to work in more than one institute on the same day. a) The institutes must be owned by the same Owner. b) No worker should be made to work for more than the time limit prescribed by the law. c) The time to move from one workplace to another workplace shall be included in the working hours. d) Overtime allowance shall be given for extra hours of work in accordance with the law. The Owner shall arrange vehicles for the workers or bear the actual costs of transport in order to shift them to another workplace. 105) Notice of the working time of adult workers: 1) The working hours of adult workers have to be approved by the Inspector in accordance with Form-37, 37(a) or 37 (b) in respective cases. 2) After receiving approval of the Inspector on the notice mentioned in Sub-section (1), the copy of the approved notice must be hung in an easily noticeable place so that all workers can be informed about it. 3) The approved notice has to be preserved and the same should be kept ready for inspection and audit purpose. 106) Casual and Sick leave: As per the regulations of Section 115 and 1169, the worker can take the Casual and Sick leave before or after the weekly leave or occasional leave. In that case, the weekly or occasional leave shall not be considered as Casual leave. However, if the weekly or festival leave falls into the Casual of Sick leave, the leave shall be included in the original leave. In addition, the worker can enjoy the leave proportionately if he/she joins the workplace in any part of the year. Bangladesh Gazette, Extra, September 15, 2015 7380 107) Annual leave with wage facility: 1) As per Section 117, in case of calculating the Annual or Earned leave, the presence of the worker in the workplace for the previous 12 (twelve) months has to be considered. 2) Any worker can have cash money against the unspent Earned leave. However, more than the half of the Earned leave cannot be cashed out at the end of the year. This type of cashing can be done only once in a year. 3) If any worker dies while having unused leaves with wage facility, the wages against his unused leaves have to be paid to his/her legal inheritor/s or to the person/s nominated by the worker. 108) Leave Book: 1) The Owner or the Manager shall provide a Leave Book to each worker in accordance with Form-9. 2) The Leave Book is considered to be the property of the worker. The Manager of the factory or his/her authorized representative cannot take or claim or hold the book for more than 7 (seven) days consecutively except for inserting necessary information therein. 3) All insertions in the Leave Book shall be clearly written with ink and the updated information must be preserved. 4) If any worker loses the Leave Book, the concerned Manager shall provided another copy of the book in exchange of 10 (ten) taka from him/her. The Manager would include therein all necessary information recorded in his/her book. 5) If any institute preserves the record of leaves through computer, the printed copy of the computerized file shall be considered as Leave Book. 109) Granting leaves together to the workers of same family: 1) As per Section 115, the workers of the same family such as, husband-wife and children, have to be granted leaves on the same day as much as possible. 2) A worker can exchange the leaves with another worker after having approval from the Manager of the factory. 3) In order to fulfill the purposes laid out in Section 115, 116 and 118, year shall refer to English Calendar. Bangladesh Gazette, Extra, September 15, 2015 7381 110) Festival Leave: 1) Every Owner, having discussion with the Joint Bargaining Representative (if any), shall fix the leaves of festival for the next year within 31 December of each year, the number shall not be less than 11 (eleven) days. 2) The Owner should hang the list of leaves in the Notice Board for general information of all workers. He/she would send a copy of the notice to the concerned Inspector. 3) In the absence of Joint Bargaining Representative, the Owner, discussing the matter with the participating committee, shall settle the leaves of festival in accordance with the recommendations received from the committee. 4) In the absence of Joint Bargaining Representative or Participating Committee, the Owner shall fix the days of festival leave, discussing with the workers as much as possible.

Wage and its Payment 111) Wage and keeping records of it: 1) Every factory or institute shall preserve the records of wage payment of all of workers in order of their sequence in the registry, as per wage time, in compliance with Form-38. The person responsible for the payment of wages can preserve the record in computer for his/her convenience. However, the signature of the workers must be taken in the printed copy along with using revenue stamp while paying the wages. 2) If any worker wants to receive the wage amount through his/her bank account, the Owner can pay the wages through bank cheque and bank transfer. The Owner shall provide the wage slip to them. In this case, the authority shall provide necessary help and support to female workers about opening of bank accounts and running the same. 3) The Owner shall give Wage Slip to each worker at the time of paying wages as per Form-38, where payable amount of wages, overtime allowance, deduction (if any) and total payable amount of wages shall be mentioned. 4) Before employing a worker in any factory or institute, the Owner must declare his/her wage amount. 5) The workers who have completed one year of service/job consecutively must be given two festival bonuses in a year. Bangladesh Gazette, Extra, September 15, 2015 7382 However, each festival bonus shall not be more than the basic wage amount. This amount of money shall be considered as extra. 6) The calculation of piece-rate wage shall abide by the following regulations: a) After having primary ideas from the workers through Floor-in-Charge of the factory, the Owner shall determine the piece-rate based wage amount. b) Pay Slip shall be given to each worker while paying piece-rate based wages and section wise, detailed description shall be included in the Pay Slip. c) If any objection arises about the wage rate of piece based work of a particular type from any stage of production, the authority has the jurisdiction of reconsidering the objection. d) In case of partial works, if there is any deficit in the minimum wages of the workers of specific grades, the Owner shall fulfill the deficit. e) Due to deficiency of work, if any worker receives less amount of money than the minimum wage as per his/her grade in spite of the fact that he/she attended the workplace in all working days of the month, the authority of the factory must fulfill the deficiency of the claimed wage amount. f) The workers have to be paid as per the wage that is more in comparison with piece-rate based wage or normal wage that is determined by the specific grade of the workers. g) If there is no work in the factory, the basic wage as per the specific grades of the workers must be paid to them. h) The Inspection Department of the factories and institutes shall keep an eye to verify whether aforementioned regulations regarding piece rate based wages are being duly maintained. 112) Duration of payment of wages and providing notice related therewith: 1) The workers have to be notified about the wages of the workers, which is fixed in terms of monthly, weekly, daily, contractual or piece-rate basis. In addition, the time and method of paying their wages must be mentioned in the Notice. 2) The Owner or the Paymaster shall issue a notice in easily understandable Bengali language at least 10 (ten) days ago, detailing about on which dates the wage of the workers would be paid and he/she would hang the Notice in the entrance or nearby open place. Bangladesh Gazette, Extra, September 15, 2015 7383 3) If there is a need to change the notified dates, a Re-notice has to be issued as soon as possible, mentioning the reasons of changing the Notice and the changed dates. However, this change must be brought at least 3 (three) days before the specified dates and it shall not exceed the duration fixed by law. 4) If a worker’s job is scrapped/cancelled due to layoff, discharge, termination, expel, resignation by the worker or for any other reasons, the arrear wages of the worker have to be paid within 7 (seven) working days after cancellation of the job and the compensation and other dues must be paid within maximum 30 (thirty) working days after cancellation of the job. 113) Reconciliation about the wage and other dues: 1) In case of illegal deductions or similar type of issues, the worker or the Joint Bargaining Representative assigned by him/her shall inform the Owner through written form about the issue. 2) The Owner shall take necessary steps to reconcile the issue of discord within the next 10 (ten) days. 3) As per Sub-section (2), if the Owner fails to reconcile the issue, the claimant party, in accordance with Section 124(a), shall apply to Inspector General or the Inspector assigned by him/her in written form to mitigate the issue. 4) After receiving the application submitted under Sub-section (3), the Inspector General or the Inspector authorized by him/her shall take effective steps for disposing the issue within maximum 20 (twenty) days and he/she would provide written decisions after disposing the issue within 30 (thirty) days of taking the aforesaid steps. 5) In order to fulfill the purposes laid out in Section 124(a), the Inspector General or the Inspector authorized by him/her shall be considered as intermediary. He/she would hear both parties and review the documents (if any) and then take a decision in order to mitigate the conflict. 6) The decisions of the Mediator or Negotiator selected unanimously shall be considered as obligatory for both parties. In case of the decisions taken without unanimous accord, the aggrieved party can apply to Labor Court within the 6 (six) months of declaring the disputed decision. 7) In order to fulfill the purposes laid out in Section 161(3), the Owner can apply to the Inspector General or the Inspector authorized by him/her to ascertain the amount of compensation to be given by the Contractor due to his/her violating the code of conduct, within 15 (fifteen) days of submitting the receipt of total compensation money. Bangladesh Gazette, Extra, September 15, 2015 7384 8) After reviewing and verifying the agreements accomplished between the Owner and the Contractor, the Inspector General or the Inspector authorized by him/her shall take decisions. 9) In order to fulfill the purposes of Section 124(a) and 161(3), the Inspector General can assign his/her power and responsibility to region wise Inspector/s by the office order. 10) If the Inspector General or the Inspector authorized by him/her gives notice as per Section 124(a), both parties shall be obliged to be present. 114) Wage calculation method in case of incomplete month: 1) If the job of any worker gets terminated before the completion of his/her wage period or if the worker joins the workforce after the commencement of a month, in both cases, his/her weekly leaves and other regulated leaves must be considered in the calculation of the wages of incomplete month. 2) The wage of an incomplete month shall be calculated after dividing the total wage including house rent allowance, travel allowance and medical allowance by the total number of days of that month and at last multiplying the quotient by the number of days of the worker. 115) Deductions for absence from duty: 1) As per Section 126 (2), in case of deduction of wages due to absence from duty, here ‘wage’ shall mean the basic wage, allowances and ad-hoc or interim wages (if any). Daily wage amount has to calculated by dividing the basic wage, allowance and ad-hoc or interim wages (if any) by 30 (thirty) and the worker has to be informed about the issue of deduction. 2) Wages cannot be deducted due to absence except for the cases that are regulated by law or code of the institute. 116) Record of deduction in case of loss or damage: 1) In order to fulfill the purposes of Section 127, all records of deduction and realizing the deducted money have to be preserved as per Form-39. 2) Annual Statement of deduction of wages has to be submitted to the Inspector General or the Inspector authorized by him/her in due forms, after the end of the calendar year, within 15 February of the next year. 117) Advance: 1) More than two months of estimated wages cannot be disbursed to the workers in advance in case of giving advance money to them. 2) The disbursed advance money can be collected within maximum 12 (twelve) months through installments. No installment shall exceed one-third of wage amount. Bangladesh Gazette, Extra, September 15, 2015 7385 3) All advance amounts and realization of them shall be kept preserved in Registers in accordance with Form-40. 118) Payment of undisbursed wages and other dues in case of death of workers: Following the description of Form-41, every worker must nominate a person who can receive undisbursed payment and other dues in the absence of him/her, at the time of his/her employment in the workforce. 2) The worker’s photo and a photo of the nominated person have to be attached in the nominee form: provided that the worker can change the nominee from time to time following the same procedures. 119) Submission of undisbursed wage of deceased worker: 1) If nominee of the deceased worker is not found or if he/she has no heirs or legal representative, the Owner shall submit the due amount of the worker to Labor Court, in accordance with Form-42. 2) The court shall preserve an acknowledgement receipt of the submitted money, in accordance with Form-43. 120) Application to Labor Court for payment of wage: As per Section 132, if the worker himself or his/her legal representative/s in case of his/her death wants to receive the wage payment and other dues, he/she/they must apply to Labor Court through Form-44, 44(a) or 44(b), in applicable cases, for the payment of dues in favor of him/her/them.

Wage Board 121) Nomination of the Representatives of workers and the Owner in Wage Board: 1) In order to implement Section 138(6), the government, as per Sub-section (2) of that Section, shall try to nominate Representatives of workers and the Owner in Wage Board, from the highest representative federations of the workers and the Owner. In addition, the government would also seek nomination from highest representative owner associations, trade union federations or highest representative unions in the absence of federations in order to implement Subsection (3). 2) Membership of the federations as per the record of Labor Director has to be considered in case of seeking nomination under Sub-section (1). 3) In both cases, nomination has to be sought through Director of Labor: Bangladesh Gazette, Extra, September 15, 2015 7386 Provided that, if there is no registered union in case of nominating the Representative of any industry, the Director of Labor shall seek nomination from the organization of national federations, which has involvement with the industry. However, if no involvement is found, the government shall nominate those persons who can individually represent the workers and the industry owner. 4) If the highest representative organization does not nominate representatives, the government shall seek nomination from the second and third largest representative organization. 122) Wage Board Meeting: 1) Discussing with the Chairperson, the Secretary of the board will call meetings by providing written notice to each member. The time and place of the meeting shall be determined by the Chairperson. 2) The meeting shall be held in the way determined by the board. 3) Chairperson shall preside over each meeting. However, a neutral person can preside over the meeting in the absence of the Chairperson. 4) As per Section 139, in the first meeting on the issues sent to the board, quorum shall be formed with the presence of Chairperson of the board, a neutral Member, a Representative of the Owner and a Representative of the workers: Provided that the progress of the activities of the board shall not be impeded if any Member remains absent from the subsequent meetings and the activities of the board shall not be discarded if a Member cannot attend the meeting. 5) As per Section 139, the board shall dispose the issue within 6 (six) months of reception of the issue by it: However, no recommendation shall be discarded only for delay. 123) Term of the board: 1) Unless there is anything contradictory in law and in this rule, the term of the board shall be last for 3 (three) years after the recruitment of the Members of it is published in government gazette. 2) Irrespective of whatever is in Sub-section (1), the Members of the board shall remain in their respective posts before their recruitment is published through government gazette. Bangladesh Gazette, Extra, September 15, 2015 7387 3) All Members shall be eligible for re-employment after the end of his/her service tenure. 4) Any Member can resign from his/her post by giving a written notice to the government and the post shall be considered as vacant from the day of receiving the Resignation Letter by the government. 5) If any Member (except the Chairperson) remains absent from three meetings consecutively, the government can declare his/her post as vacant by issuing gazette. 6) The government can terminate the Member’s post if his/her staying in the post is considered as dangerous for the interest of mass people due to his misconduct or other reasons. 7) Any vacancy of the board shall be fulfilled in such a way so that representation in the board is not infringed. 8) If any Member is recruited for filling up the contemporary posts, he/she would remain posted for the remaining period of his/her previous predecessor. 124) Member’s leaving Bangladesh: 1) If any Member, except the Chairperson, leaves Bangladesh, he/she would inform to the Chairperson about the possible dates of leaving and returning to the country. 2) If any Member wants to stay outside Bangladesh for more than 6 (six) months, the Chairperson shall inform the government for employing an alternative Member on the temporary basis in the respective post for the remaining period. 3) If the Chairperson goes outside Bangladesh in a long vacation or on deputation, the government can employ another person or a neutral Member as Chairperson for his/her absence period, on a temporary basis, for discharging the due responsibilities. 125) Allowance of Board Members: All Members, except the Chairperson, shall receive allowance in the prescribed rate determined by the government, for attending the meetings. 126) Recruitment of Board Employee: The government can recruit a Secretary and other employees if needed: Provided that, no officer/employee below the post of Assistant Labor Director or Assistant Inspector General can be recruited as Secretary of the board. Bangladesh Gazette, Extra, September 15, 2015 7388 127) Responsibilities of Board Secretary: 1) The Secretary shall attend all meetings of the board and he/she would assist the Chairperson in executing following activities: a) Convening meetings; b) Keeping records of meeting minutes; c) Taking actions as per the decisions/resolutions of the meeting; d) And complying with the legal orders issued by the Chairperson. 2) The Secretary cannot participate in the discussion of the meeting and he/she cannot vote. He/she can present relevant documents or data in the meeting, as per decision of the board or direction of the Chairperson. 128) Method of determining minimum wage rate: 1) The board shall publish recommendation of minimum wage rate through issuing government gazette so that the parties involved therein can inform about their objections and recommendations in written form within 14 (fourteen) days of publishing the notice. 2) After considering the objections and recommendations received under Subsection (1), the board can amend or retain the original proposal and it will forward the recommendations received in that way to the government. 3) Being requested by the Owner and Worker Party, the Chairperson can invite any Specialist, Advisor or any Official from the Inspection Department of Industries and Institutes, if needed, to the meeting of the board, in order to participate in discussions. 4) The invited specialist, advisor or the official under Sub-section (3) can give views and opinions regarding the topic of the meeting, but he/she shall not have any voting power. 5) The concerned parties shall bear the costs of Board Members and Advisors, except the costs of Chairperson and neutral Member. 129) Disposal of activities: 1) The decisions of the board shall be taken with the consent of majority of Members present in the meeting. If there is equal number of votes of both parties regarding an issue, the Chairperson can have a Casting Vote in order to settle the issue: Provided that, if the representatives of Owner and Worker Party are unequal in number, the Chairperson, under his/her jurisdiction, can order the concerned party to give ‘votes by sides’. Bangladesh Gazette, Extra, September 15, 2015 7389 2) Votes shall be counted with raising hands. However, Chairperson can arrange for hidden voting system if he/she thinks it fit. 3) Name of the Members present has to be recorded in each Meeting Minute of the board. Chairperson shall determine the method of recording it. One copy of Meeting Minute has to be sent to the Members as soon as the meeting is finished. 4) The Minutes of each meeting must be approved in the next meeting and the same has to be signed by the Chairperson. 130) Formation of committee: 1) The board can form different committees to submit recommendations after conducting investigations regarding any particular issue. After conducting investigations and submitting recommendations, the board can order similar types of committees to assist the board in ascertaining minimum wage rate of any locality or any class of industry workers. 2) An Owner Representative and a Worker Representative and a neutral Member (who can also be the Chairperson) must be included in that committee. 3) In order to conduct the investigation procedures successfully, Chairperson of Investigation Committee shall enjoy similar types of power the Chairperson of the board enjoys. 4) As per Section 132, Chairperson of the committee or a Member or an Advisor or a Specialist thereof shall enjoy the power enjoyed by the Chairperson or a Member or an Advisor or a Specialist of the board. 5) The government shall fix the salary of Chairperson and Members of the committee. 131) Presence of witnesses: In order to conduct the investigation procedures lawfully, the Chairperson of the board shall enjoy the power detailed in Code of Civil Procedures- 1908 (Act No- 05 of 1908), including forcing the concerned parties and witnesses to be present along with necessary documents and deeds. 132) Power of the board about the collection of data and information: In order to implement the purposes of law, the Chairperson or a Member of the board or an Advisor, a Specialist or Official of the board authorized by the Chairperson: a) can enter all places and premises of factories and industry units at any logical time. Bangladesh Gazette, Extra, September 15, 2015 7390 b) can investigate any Register or other documents and have testimony of any person in field level. c) and can collect data through distributing questionnaire and using other ways. 133) Obligation to pay the minimum wage and publishing the wage rate: 1) No Owner or Contractor or Management Authority can give less amount of money than the minimum wage rate declared by law to any worker or employee. 2) If an Owner or Contractor or Management Authority gives less wage than the declared minimum wage rate, the concerned worker or employee can claim 50% of the arrear money, as extra compensation, from the authority. 3) The government shall take necessary steps to inform the concerned Owner and worker about the minimum wage rate. 4) The Owner shall make an arrangement for hanging the declaration of minimum wage rate in Bengali language, in an appropriate place of the industry. 5) Irrespective of whatever is there in Sub-section (4), the Notice of minimum wage rate can also be shown in English language if the same is needed. 6) A Notice mentioning the wage rate determined by the government and the date of publishing gazette related therewith has to be given to all factories or industry units where minimum wage rate is applicable and where workers are employed by the Owner or Contractor.

Compensation for Injuries of the Workers due to Accidents 134) Review of monthly wage rate payable as compensation due to temporary disability: As per Section 153, the application of reviewing monthly compensation money can be submitted to the Labor Court without Medical Certificate under following cases: a) The Owner has ascertained the right of compensation of the worker and wage of worker has increased. b) The worker has ensured the right of compensation and wage of the worker has decreased. Bangladesh Gazette, Extra, September 15, 2015 7391 c) The Owner has stopped providing compensation money to the worker though physical condition of the worker has not improved. d) The rate of presently applicable compensation money has been fixed fraudulently or forcefully by the Owner or the worker through illegal means. e) The worker or the Owner has noticed mistakes in the respective record files while settling the amount of compensation money. 135) Method of applying for reviewing the compensation: 1) If the Labor Court, after examining the application of decreasing or stopping the compensation money payable by the Owner, finds that the Owner has legal reasons to decrease or stop the compensation money, it can issue orders to postpone paying of the monthly compensation money completely or partially, giving details about the findings. 2) In cases where application has been made to Labor Court as per Section 154, the court, calculating the possible duration of the worker’s physical disability, shall ascertain the total amount of compensation: provided that the fraction of one taka shall be excluded from the calculation. 3) As per Sub-section (2), if Labor Court fails to ascertain about physical disability, the court can postpone its decision about the application for two months at various times. 136) Nomination of heir/legal representative in order for receiving compensation: As per Sub-section (2) of Section 155, the worker must nominate a heir/legal representative at the time of joining the workforce, in accordance with Form-41, in order for receiving the compensation money after his/her death. 137) Submission of compensation money to Labor Court: 1) In case of death of the worker due to injuries, the Owner shall, as per Section 155 (1), submit a statement in compliance with Form-45 to Labor Court for paying compensation money to it and submit another statement in accordance with Form-46 in order for paying other compensation money. In both cases, the court shall provide an acknowledgement receipt in accordance with Form-47 to the payer. Bangladesh Gazette, Extra, September 15, 2015 7392 2) In case of fatal accidents, if the Owner cites in the statement mentioned in Subsection (1) while paying/submitting the compensation money that he/she is willing to participate in the distribution activities, the Labor Court shall give opportunity to the Owner in order for proving that the nominated representative of the Owner is legal heir of the deceased worker or the worker does not have any legal heir. 138) Publishing the list of deposited compensation money: The Labor Court shall publish a list of deposited compensation money in accordance with Section 155 (1). The list shall mention the name and address of the Payers/Depositors and the name and address of those deceased or injured persons due to whom the compensation money has been deposited. 139) Application for depositing compensation money to Labor Court: 1) In case the Owner did not legally give compensation money to the injured worker or to the dependents or legal representatives of the deceased worker or to the Labor Court, the worker himself/herself or any dependent/legal representative of the deceased worker can apply to Labor Court for issuing an order to the respective Owners in order to pay the due money. In addition, the application has to be submitted in accordance with Form-48, 48(a) or 48(b) in applicable cases. 2) After receiving the application of disbursing compensation money: a) If this is proved, after conducting the investigation, to the Labor Court giving opportunity to the Owner for hearing that the compensation money has not been paid legally or submitted to the court, it shall order the Owner to submit the compensation money as per Section 155(1). b) The Labor Court shall, after receiving the compensation money, issue orders in order for notifying the worker’s dependants who have applied for the compensation money. The Notice shall also mention the date on which the dependants or heirs shall appear before the court. c) The court shall ensure that the persons related with the application should not be deprived of the compensation money if they cannot appear before the court on the specified date. 3) An Owner, while submitting the compensation money as per Section 155(4), shall present a statement attached therewith. On the other hand, the Labor Court shall give him/her a receipt of acknowledging the money, as per Form-47. Bangladesh Gazette, Extra, September 15, 2015 7393 140) Transfer of undisbursed money and investment: 1) As per Section 155(7), if any dependent or legal heir of the worker is not found within two years, the undisbursed money deposited in Labor Court shall be transferred to Worker Welfare Fund, which is formed by Bangladesh Worker Welfare Foundation Act2006. 2) In case the deposited money in the court is payable to the person considered disable as per law, the Labor Court can transfer the money to the Worker Welfare Fund mentioned in Sub-section (1) in order for financial wellbeing of the worker. 3) The disable person under law shall receive refund of the aforesaid money after he/she is recovered from the disability. 4) If the money is invested in any profitable sector approved by the government, the worker shall receive the total amount including profits earned on the money, within thirty days of receiving the application. 5) When the disable person under law recovers from disability, he/she would be given his compensation money along with profits earned on it. 6) The Labor Court shall preserve the records of activities performed under Subsection (1) or (2), in compliance with Section 162. 141) Giving statement of fatal accidents by the Owner: As per Section 158(1), the Owner is obliged to submit any report under Section 159 or any statement regarding fatal accidents to the Labor Court, in compliance with Form-49. 142) Treatment of the injured worker: 1) The treatment of the worker injured in the workplace has to performed under the supervision of the Owner and the Owner is obliged to bear the expenses related therein. 2) The workers who are receiving monthly compensation allowance cannot be compelled to go outside of their residence more than two times in the next month of the accident and more than once in the subsequent months in order for health test. 143) Decision about clarity of injury: 1) As per Section 160(10), if any conflict arises regarding specification and stability of the worker’s injury, the decision of the registered physician shall be considered as final in that regard. 2) The fees of the physician mentioned in Sub-section (1) shall be borne by the Owner or worker in applicable cases. Bangladesh Gazette, Extra, September 15, 2015 7394 144) Health test after temporary suspension of the right of receiving compensation: If the worker, whose right of compensation has been temporarily suspended under Sub-section (5) or (6) of Section 160, applies for conducting health test immediately, the Owner shall take necessary steps for conducting fitness test of the worker within three days of receiving the application. 145) Fitness test of the female workers: 1) In case any female physician is not found immediately, a male physician in the presence of another female worker can conduct the fitness test of the female worker. 2) If any female physician is not found nearby and if a female worker submits fees for conducting her fitness test by a female physician, no order can be issued for conducting her health test by a male physician. 146) Method of disposing application regarding compensation: Unless there is anything repugnant in this law, the Labor Court shall conduct its activities as per Section 26 and Schedule-6, in order to dispose compensation suits. 147) Memorandum of Agreement: As per Section 170 (1), the Memorandum of Agreement, unless otherwise directed by the Labor Court, has to be prepared in two copies. In addition, the memorandum has to be made in pursuance of Form-50, 50(a) or 50 (b) as much as possible. 148) Method of registering or not registering the Memorandum of Agreement by Labor Court: 1) If the Labor Court, after receiving the Memorandum of Agreement, thinks that the memorandum is worthy of being preserved, the court, fixing a date for recording the memorandum, shall issue a notice to the corresponding parties in accordance with Form-51 before seven days of the fixed date, saying that the memorandum shall be recorded on the prescribed date unless there is any objection of concerned parties in it. 2) If any party attends the Labor Court on the prescribed date and if the party seeks hearing, the court shall record the memorandum if it thinks the same as fit after making him hear about the issue. 3) If the Labor Court decides that the memorandum should not be recorded on the prescribed date, the court shall inform the concerned parties about its decision and the reasons of it. In addition, although there is no party present, which is willing for recording it, the court shall inform the party in accordance with Form-51(a) about its decisions. 4) If the Labor Court, after receiving any Memorandum of Agreement, thinks that there are logical reasons for not recording it, the court shall fix a date for hearing the statement of the respective parties and it shall give notice to the parties at least 7 days before the prescribed date, in accordance with Form-51(b) or 51(c). Bangladesh Gazette, Extra, September 15, 2015 7395 5) As per Sub-section (4), if the present parties can argue with sufficient proofs in favor of recording the memorandum, the Labor Court shall record it, informing all the parties involved. 6) If the Labor Court rejects the memorandum on the prescribed date, the court shall, in accordance with Form-51(a), inform the party which has not received Notice as per Sub-section (4). 149) Next method of denying record of memorandum: 1) If the Labor Court denies recording of the Memorandum of Agreement in any suit, the court must note in brief the reasons of denying the same. 2) If the Labor Court denies recording any Memorandum of Agreement and if it does not give opportunity to the concerned party to show cause, the court shall not order to pay more than the amount of money mentioned in the agreement. 3) In case of payment of dues by one installment, the court shall not record the Memorandum of Agreement due to insufficiency of payable amount of money in one installment. However, it shall record an estimated time regarding the worker’s recovering from the disability. 150) Registering the received memorandum for record: While recording the memorandum, the Labor Court shall preserve it in a register as per Form-52. The court shall provide a copy of it to the concerned parties by recording it in the following way along with its signature attached therein. In addition, it shall preserve a copy of the memorandum for future reference. “The Memorandum, executed on -------------------------------- (date) with serial no. -------------, has been recorded today on ----------------------------------- (date). (Signature) Labor Court” 151) Sending money to another authority: As per this law, if an authority sends money to another authority, the transaction has to made with ‘money order’ or with acknowledgement receipt. 152) Sending compensation money outside the country: If whole of the compensation money or part thereof is deposited in Labor Court for the welfare of the person staying outside or willing to stay outside, the Labor Court shall issue orders for sending the money to the respective country after conducting necessary investigation. Bangladesh Gazette, Extra, September 15, 2015 7396 153) Memorandum for sending money: As per Section 151 and 152, if the Labor Court issues order to send money, the court itself shall prepare a brief description of the suit. In addition, it shall record issuance of the order and name and address of the persons to whom the money would be sent and at last, it will sign the memorandum. 154) Steps taken by the Labor Court: If the Labor Court itself is not entitled authority, it shall send two copies of the memorandum mentioned in Section 155 to the entitled authority. The court can transfer the money to the authority or it can transfer the money as per the order of the authority. However, if the Labor Court itself is entitled authority, it shall take steps in accordance with Section 155. 155) Steps taken by Entitled authority : If the entitled authority is satisfied to know that the memorandum has been executed, the responsible person of the entitled authority shall, at his/her own discretion, send the memorandum and the compensation money related therewith to the authority employed in this regard. However, if there is no such authority, he/she send the same to the authority empowered by the government in this regard and he/she would request the authority to take the following steps: a) Taking steps for sending the compensation money in the way described in the memorandum. b) And sending a report of the actions taken as per description of the memorandum and returning the money if it cannot be sent for any reason. 156) Sending money to the labor court under the jurisdiction of which the suit has been filed: 1) If the labor court, under the jurisdiction of which the suit has arisen, is not the entitled authority, the court shall send a copy of the report to the labor court that is requested under Section 149. 2) As per Section 155, the refunded money shall be distributed as per law. 157) Transferring money received from abroad to the entitled authority: 1) The entitled authority shall be the appropriate authority for receiving money from the transferor authority. 2) If the labor court that is not considered as entitled authority and other government employees receive money from any transferor authority, the concerned person shall send the aforesaid money and the deeds and documents related therewith to the entitled authority and disburse the same as per the order of the entitled authority. Bangladesh Gazette, Extra, September 15, 2015 7397 158) Sending to Labor Court: The entitled authority shall send the money received by it or parts thereof to the Labor Court in order for disbursing the same at its discretion. 159) Disbursing money: The money received from the transferor authority has to be disbursed according to applicable laws and the regulations of this Code as much as possible. However, if the transferor authority issues special orders regarding disbursement of the money, the court shall comply with that order. 160) Report of disbursed money: 1) The entitled authority shall give a report on how the money received from transferor authority has been distributed. 2) If the labor court that is not considered as entitled authority disburses part of the money, the court must send to the entitled authority two copies of a report detailing about how the money has been disbursed. As per Section 167, if the concerned person receives money from another labor court, he/she has to send a report through the labor court. Explanation: In order to fulfill the purposes of this Chapter: a) ‘Entitled Authority’ means any authority or labor court that is approved by the government for receiving and disbursing compensation money. b) ‘Transferor Authority’ means any authority of Bangladesh or other countries, which takes steps for sending the worker’s compensation money payable in one installment, for the welfare of the person residing in Bangladesh or willing to live here, to the country or part of the country. 161) Welfare Fund of workers: 1) If the Labor Court, after conducting investigation, is satisfied that the deceased worker has no dependent or legal heir, the court shall, after two years of receiving the compensation money, transfer the same to Worker Welfare Foundation that is formed under Bangladesh Worker Welfare Foundation Act- 2006, on the condition of acknowledging the aforesaid money. 2) The fund money has to be deposited in Banks and the Bank account shall be run by the signature and seal of Labor Court. 162) Preserving the accounts of Fund: The accounts of Welfare Fund shall be preserved by the Labor Court according to Form-53 and the same shall be subject to periodical audit and inspection. Bangladesh Gazette, Extra, September 15, 2015 7398 2) The data about fund related activities and accounts thereof shall be included in the report that is to be submitted to the government every year, detailing about the steps taken by Labor Court as per the description of this chapter. 163) The cost of sending money: In accordance with this Code, if any authority transfers money to another authority, the transferor authority shall bear the cost related with the transfer. 164) Registration of suits: 1) The Chairperson of Labor Court shall preserve a Register according to Form-54. 2) After receiving any appeal/application, the Chairperson shall include it in the Register mentioned in Sub-section (1). 3) After dismissal of the suits, the Chairperson shall, certifying about suit-entry in the prescribed columns, attach his/her signature. 165) Record of suits and preservation of Register: 1) The Register mentioned in Section 164 shall be written in Bengali and the same has to be preserved for 20 (twenty) years. 2) The records of the compensation suit that is rejected due to absence from the court have to be preserved for 1 (one) year, starting from the date of publishing final order. 3) The records of compensation suit that is disposed ex-parte on the basis of confession have to be preserved for one year, starting from the date of publishing final order along with appeal order (if any) or for one year, starting from date of payment of compensation money, whichever is later. 4) The records of compensation suit, which is discarded through arguments/competition have to be preserved for one year, starting from the date of publishing final order along with appeal order (if any) in case of no need to pay compensation or for one year, starting from the date of publishing final order along with appeal order (if any) in case of suspense of the claims partially or completely or up to the date of repaying the due/liabilities, whichever is later. 166) Preservation of Memorandum of Agreement: 1) In order for registering the Agreement Deed/Memorandum of Agreement, the records of filed litigation have to preserved for one year, starting from the date of publishing final order along with appeal order (if any) or for one year, starting from the date of repayment of due/liabilities, whichever is later. 2) The Register of Memorandum of Agreement under Sub-section (1) has to be preserved for 3 (three) years, starting from the date of publishing final order along with appeal order (if any) or for 3 (three) years, starting from the date of repaying the dues/liabilities, whichever is later. Bangladesh Gazette, Extra, September 15, 2015 7399

Trade Union and Industry Relationship 167) Application for membership of Trade Union: 1) The worker or employee or Owner or Union or Federation willing to join in any Trade Union Organization or Federation of Trade Unions or Confederation shall apply for membership in accordance with Form- 55(a), Form- 55 (b) or, if applicable, Form 55(c). 2) The person or organization willing to have membership in a new union or federation or Confederation cannot receive membership from the same without submitting written Resignation Letter to the previous Union or organization. 3) If the application of any worker is accepted as per Sub-section (1), he/she must be given a certificate in accordance with Form- 55(d), Form- 55(e) or, if applicable, Form- 55(f), mentioning his/her Membership No. of the union or federation or confederation in it. 4) Every upazila/Sub-district or, if applicable, every District shall be considered as ‘group of institutes or farms’ if there is at least five workers in each agricultural farm. Minimum 400 (four hundred) workers, being united, can form Union in accordance with this law. 168) Necessary requirements for registration: 1) As per Section 179(1)(c), Form56(a), Form- 56(b) or, if applicable, Form- 56(c) has to be used in order for having registration in Trade Union, Trade Union Federation or Confederation. 2) The corresponding Members have to attach Certificates along with the application under Sub-section (1). 3) After receiving registration of Trade Union in the group of institutes, the applicant shall publish Public Notice at his/her own cost as per Form- 56(d). 4) Labor Director shall collect information in accordance with Form- 56(e) after reviewing necessary documents as the same is mentioned in Section 176(e) and 179 (2) (a). 5) The description of the officials of Trade Union, Federation or Confederation shall be submitted in accordance with Form- 56(f), 56(g) or, if applicable, 56(h). 6) The description of the Members of Trade Union, Federation or Confederation shall be submitted in accordance with Form- 57(a), 57(b) or, if applicable, 57(c). Bangladesh Gazette, Extra, September 15, 2015 7400 7) The activities from the start of registration application to providing registration can be performed online through using computer. However, printed copy of all activities has to be preserved for future reference. 169) Number of Members in the Executive Committee: 1) As per Section 179(1) (i), the number of Members in the Executive Committee of a trade union shall be proportionate to the number of general Members of it in following ways: Number of General Members Number of Members in the Executive Committee Not more than 50 Minimum 5 51 to 100 Maximum 7 101 to 400 9 401 to 800 11 801 to 1500 13 1501 to 3000 17 3001 to 5000 25 5001 to 7500 30 7501 to more 35 2) If 20% of the total workers/labor force, for which Trade Union is to be formed, is female, the number of female Members in the Executive Committee of union must be minimum 10%. 3) The regulations of Sub-section (1) and (2) shall be applicable in the registration of Trade Unions comprising of group of institutes/companies. However, if possible, at least one worker from each institute/company of Trade Union must be included in the Executive Committee. 4) The worker shall not be eligible to be selected in Executive Committee if he/she is not employed as permanent worker of the institute. However, the Members of Executive Committee can be selected by following partial condition of Section 180 applicable in respect of state-owned industry sector. 170) Preserving Register, Ledger, and Meeting Minute Book etc.: 1) As per Section 181(a), the description of each Member has to be preserved by Trade Unions, in accordance with Form- 58(a). Bangladesh Gazette, Extra, September 15, 2015 7401 (2) Under clause (a) of section 181 each trade union federation has to keep the received finance account in the register as per form-58 (b). (3) Under clause (a) of section 181 each trade union confederation has to keep the received finance account in the register as per form-58 (c). (4) Under clause (b) of section 181 Each registered trade union or trade union federation or trade union confederation has to keep the income and expenditure ledgers in the register as per form-58(d) and these books of accounts will be kept in accordance with the binding and numbered each page or will be kept in a digital manner. (5) The member has to give receipt with signature of collector and donor in case of collecting subscription under this rule. 171. Register of trade unions, trade unions’ federation and confederation.as per section 182 the Labor Director or the entitled officer will keep ledger of trade union as per form-59 (a), ledger of trade union federation as per form-59 (b), ledger of trade union confederation as per form-59 (c). 172. Certification of registration- (1) after receiving an application from any trade union, its federation and confederation, if the Labor Director or entitled officer hereby becomes satisfied that, the union, federation and confederation can be registered under law, then he/she will instruct the applicant in written to pay the specified fee in the government treasury through treasury challan for receiving certification of registration (2) Under section 189, certification of registration of the Trade Union, Trade Union Federation or confederation will be provided as per form-60. 173. Registration fee- (1) registration fee of the trade union organization will be as follow which to deposited in the government treasury through treasury challan, namely:- Sl.No. Type of trade union organizations Registration Fee 1. Trade Unions 500 / - 2. Industry based trade union federation 1,000 / - 3. National -based Trade Union Federation 3,000 / - 4. National based Trade Union Confederation 5,000 / - Bangladesh Gazette, Extra, September 15, 2015 7402 (2) The Labor Director may provide certified copy of constitution of any document or information of the registered trade unions, trade union federations or confederations to any of its member or representative of the owner. (3) For obtaining a copy mentioned in sub-rule (2), Tk. 120/- (one hundred twenty) for the first 200 words or less, and additional Tk. 60/- (sixty) for the reducing and the rest words to be paid in govt. treasury through challan. (4) In accordance with Article 18, registered trade union, federation or confederation may collect the second copy of the registration certificate from the labor director by depositing Tk. 300/- (three hundred) in the govt. treasury through treasury challan. 174. Name or address change- (1) if any trade union changes its name and office address, the trade Union president and general secretary will apply to the Director of Labor to record that within 15 (fifteen) days of change. (2) After acceptance of changes mentioned in sub-rule (1), the labor director or entitled officer will issue new certificate in accordance with rule 172 as per demand. (3) For a change of name or address in the constitution of trade union, federation or confederation Tk. 1,000 / - (one thousand) to be deposited in the government treasury through treasury challan as registration fee. 175. Audit- Final account of trade union, federation or confederation to be audited by recognized Chartered Accountant as per Bangladesh Chartered Accounts Order, 1973 (P.O No. 2 of 1973) Provided that, if the number of members of any trade union does not cross 500 in any time of the year, then audit can be performed by one or more person who is the first member of the Union or is not otherwise involved with the trade union but is experienced in the audit and he or they will be nominated by the Executive Council of the Union for the purposes. 176. Annual returns submission- (1) the annual return for each calendar year as per section 201 (1) will be submitted to Labor Director within or before April 30 in the next year as per consequently form -61 (a) and 61 (D), 61 (b) and 61 (d) and 61 (c) and 61 (d) by trade union, the Federation of Trade Unions and the Confederation, and the Labor Director or entitled officer by recording the received annual return will notify the decision. Bangladesh Gazette, Extra, September 15, 2015 7403 (2) If the trade union does not submit returns for consecutive two times and Trade Federation or confederation of unions for three times, then the Labor Director or entitled officer will instruct to submit the returns within 30 days and if fails to comply with such order, Labor Director or entitled officer will apply to the Labor Court demanding cancellation of registration of the trade Union or federation or confederation of trade unions. (3) Registration application and all work of relevant to the annual returns submission can be done online by using internet through computer, however, in this case a print copy to be saved for all works done. 177. Collective bargaining agent selection- (1) According to section 202 subsection (2) all unions take action for election of collective bargaining agent (CBA) by selecting election commissioner within not more than 15 days of the expiration of the period of the collective bargaining agent (CBA). (2) If the unions fail to take action under sub-rule (1) labor director or an officer authorized by him of its own accord or being requested by the management authority or the trade union will arrange CBA election. (3) Under section 202 (8), any objection regarding the list of workers to be submitted within 15 (fifteen) days of the publication of the list. 178. Ballot paper- (1) there will be a ballot with print of competing trade unions’ name, registration number and respective symbol allotted by the Director of Labor. (2) If multiple competing trade unions want the same symbol, then the labor director will give a decision about this and his decision will be final. 179. Poll workers’ recognition or identity card- (1) under section 202 (1) each worker included in the list must give to the Identity Card with photo issued by the owner to the presiding officer at the time of vote, which The presiding officer will give to the owner's representative at the end of the vote count and the representative will return that to the worker. (2) According to section 202 (13) the owner, if requested by the Director of Labor, will arrange the provision of the necessary facilities including finance for conducting election, but the owner and the Director of Labor will not interfere or influence the election. Bangladesh Gazette, Extra, September 15, 2015 7404 (3) If the presiding officer does not become satisfied about voter ID of the voter, then he may refuse to allow him to vote by secret ballot and in this regard his decision will be final. 180. Nominate a representative- Each competitor can nominate maximum one person as the representative to be present during vote by secret ballot in each polling booth by applying in written to the presiding officer of every trade union polling center. 181. Result announcement- (1) Under section 202 (15) (d), the presiding officer himself will be sign results of the concerned center at the end of counting votes, and will ensure the signatures of representatives present therein. (2) Presiding officer will give one copy of the signed election result to the present representatives of unions and the owner's representatives. (3) After receiving the results from the presiding officer, which trade union obtain the greatest number of votes will be declared as collective bargain Representative by the director of labor by form-62 as per section 202 (15) (e). 182. The Collective Bargaining Agent (CBA) office allotment- (1) the owner will allot an office room for the Collective Bargaining Agent (CBA) according to the organization's infrastructure and at the site in conformity with ventilation and facility of movement of workers inside and outside the organization. (2) The owner to provide required number of office chairs, tables, cabinets, power supply, electric ceiling fan, light, notice boards, etc. in the office room mentioned in sub-section (1). (3) If dispute rises for establishing the office of the CBA or the allocation of seats or furniture then labor director will take appropriate measures by consulting with the both parties. 183. Formation of participating committee- (1) the owner of each company, where at least fifty permanent workers work, will form a participating committee within 3 months of starting operations. (2) The total number of members of the two sides participating in the committee will be less than 6 and not more than 30. Bangladesh Gazette, Extra, September 15, 2015 7405 (3) The number of workers participating in the committee will be determined as mentioned proportional rate of workers in the factory or organization mentioned in the table, namely: 'Table' The number of workers participating in The number of general workers the committee 1 To 100 not more than 6 101 To 400 same 10 401 To 800 same 12 801 To 1500 same 14 1501 To 3000 same 18 3001 To 5000 same 22 5001 To 7500 same 24 7501 To more same 30

Dispute dispose, labor courts, labor appellate tribunals, legal proceedings, etc. 203. Disposal execution- disposal paper will be signed in accordance with Form 65 to fill up the purposes of section 210 (3) and of 210 (8). 204. Arrangement of secret vote for a strike notice- (1) collective Will request the arbitrator in written for arranging secret vote for the purpose of providing notice of strike within 7 (seven) day of receiving the certificate of the failure according to Article 211 (1). (2) The arbitrator will arrange secret vote counting the contributor members to the CBA in the organizations as voters within the next 15 (fifteen) days of receiving the request, and according to the recommendation of the arbitrator CBA union will take the necessary measures to arrange secret vote. (3) "yes" or a symbol in favor of the strike and "no" or any against the strike will be in two boxes in each ballot paper or Electronic Voting Machine used in the secret vote. (4) Each participating member will vote by giving "tick" or thumb press or push in one of the two boxes as per his wish. (5) The arbitrator will issue the results of the vote in written to collective bargaining agent in the next 4 hours of secret vote, and copies thereof will send to the owner and labor director. 205. Filing case in labor court or appeal tribunal- (1) in accordance with article 33 (3) any complaint will be filed as per form-14. (2) In accordance with article 132(2) complaints may be lodged as per form-44, 44 (a) or, as the case may be, 44 (b). (3) In accordance with article 166 complaints may be lodged as per form-48, 48 (a) or, as the case may be, 48 (b). (4) In accordance with article 219 the appeal will be filed as per form-19. Bangladesh Gazette, Extra, September 15, 2015 7412 (5) In case of other offenses inspector general or labor director or controller of provident fund or board of directors or any authority or his authorized officer will legally apply in white paper. 206. Nomination of member labor court- (1) in accordance with article 214 (7) in purposes of appointment of a member for the labor court government, owners and workers will call the representatives from the owners and workers of organizations at the national level who are fit and experienced in labor laws. (2) There will two different panels in the court to represent the owners and workers, and there will be six members in each panel. (3) Each organization which has been requested as per sub-rule (1) will send the name and résumé with photograph for including in the panel and appointment of member in the labor court within fifteen days of receipt of the request. (4) Where nomination has been sorted in accordance with sub-rule (1), but has not received in the prescribed period in accordance with sub-rule (2), there Government will have jurisdiction to appoint any such person in the panel to save the interest of owner and workers as per the government consideration. 207. Resignation by a member- (1) any member of the Labour Court can resign from the post by written resignation letter to the Chairman. (2) By obtaining the resignation letter the chairman will transmit to the Government and the government will take it on that date will be the date of the resignation. 208. Elimination of a member- Government can eliminate a member of the labor court by notification in the official gazette, if he- (A) loses the character of representation; (B) is sentenced for any offense punishable under the law or moral offenses; (C) fails to provide a written opinion in any case after being requested by the Chairman of the Labor Court; (D) is adjudged bankrupt; or (E) was absent in three consecutive meeting of that Labor Court where he is a member, without informing the chairman. Bangladesh Gazette, Extra, September 15, 2015 7413 209. Filling up the vacant post of the member- (1) in case of vacancy due to death or resignation, the Government will fill up the vacant post within 1 (one) month by that process, which process was used to form the main panel. (2) Any member included in the panel under sub-section (1), may remain a member of the panel for remaining term. 210. Informing for absence- any member of the labor court may be absent for 6 (six) months in the proceedings of court by informing the chairman. 211. Allowance- any member of the labor court will be paid daily allowance determined by the Government to participate in court proceedings.

Workers taking part in the company's profits 212. Formation of central fund integrating the buyer and owner in hundred percent export oriented industrial sector.- (1) within 6 (six) months from the date of Act comes into force, the Government, for fulfilling the purposes of sub-section (3) of Section 232, will create a separate fund namely central fund for the hundred percent export oriented industry to sector wise fund management. (2) For the management of the funds described in sub-section (1) the government will form Board of Directors by coordinating the representative of owner and worker of concerned export industries by notification in the official gazette. (3) Provisions of Rule 212 of to Rule 226 will be applicable for hundred percent export oriented industrial sector. 213. Fund management and office.- (1) the main office of the board for fund management will be at Dhaka. (2) The Board may, if necessary, establish branch offices anywhere in the country. (3) For the management of the fund of the Board of Directors the Board will appoint a Secretary of, who will act as Secretary Member of the Board of Directors too: But provided that, until the Board appoints a Secretary, any Government official may act as temporary secretary. Bangladesh Gazette, Extra, September 15, 2015 7414 (4) There will be required personnel under secretary for management of the fund, who will maintain accounts of income and expenditure of the fund. (5) The board may allocate a portion of the profits obtained from investment of fund for payment of the office, salaries, allowances, equipment purchase, management and other expenses and allowances specified in the rule 222. 214. Sources of the fund.- (1) after the commencement of these rules fund will be recoverable by the following rate and way, namely: - (A) 0.03% of the total amount against each work order fully export oriented industries; (B) Voluntary donations from buyer or work order provider organizations; (C) Voluntary made by the Government; (D) Voluntary donations from foreign individuals or organizations; And (E) Profit from the investment of fund. (2) The owner of the hundred percent export oriented industry will inform buyers or work order providers about the donation at the time of receiving order. (3) Lien bank of each organization will deposit the money with separate statement in the fund by collecting as government payment from money export orders stated in clause (a) of sub-rule (1). (4) For fulfilling the purposes of this rule, instruction issued by the Bangladesh Bank from time to time should be followed. (5) Voluntary donations described in clause (b), (c) and (d) of sub-rule (1) may be deposited in the fund directly. 215. Eligibility for getting benefits from the fund and use of money.- (1) For fulfilling the purposes chapter fifteen of the Act, eligible to receive benefits of the fund means a person described in the definition of beneficiaries in Article 233(1). (2) Each owner will provide the list of all beneficiaries and their successors to the Board of Directors. Bangladesh Gazette, Extra, September 15, 2015 7415 (3) 2 (two) accounts will be opened under the Central Fund of which one is beneficiaries welfare account and the other is emergency accounts. (4) 50 (fifty) percent of the total amount of the fund will be deposited in welfare beneficiaries account and the remaining 50 (fifty) percent will be deposited in the emergency account. (5) The money collected in the fund will be given at a time for death or permanent disability due to accident or loss of any body part of the beneficiaries of the concerned sector, and may be used for the social security and welfare activities of the beneficiaries. (6) Money obtained from the accounts stated in sub-rule (3) will be additional to legal other advantages derived from the factory or institution under the Act. (7) Grants will be given from the beneficiaries welfare account in case of the followings, namely: (A) In case of death or late death for an accident at work or occupational disease, or permanent disability for an accident at work or occupational disease, three lac taka donation to the default beneficiary or a appropriate successor and host; (B) In case of death form disease during the work period, or death or permanent disability for an accident outside the work place, two lac taka donation to him or his appropriate successor; (C) any of the beneficiaries of his mutilation of the accident on the job, which is not the cause of permanent disability, whatever the case may be, he will be provided grant money of not exceeding one lac; (D) Arranging treatment or provide financial grants to the ill beneficiaries; (E) Providing scholarships for the education to the talented member of the family of the beneficiaries; (F) Taking other actions for fund management and administrative functions; (G) Establishment of Specialized Hospital as social security benefits; and (H) Taking any necessary action to perform the aforementioned functions and any other performance for the fulfillment of the purposes of this Act. Bangladesh Gazette, Extra, September 15, 2015 7416 (8) Grants will be given from the emergency account in case of the followings, namely: (A) As per section 28 (a) the transfer or permanently close any factory or establishment, the whole or partial payment of owed money to the beneficiaries by the Board in accordance with Rule 3: Provided that, the Board will pay the payment by verifying the owner's inability; (B) Payment of annual premiums of group insurance for the beneficiaries: Provided that, under Rule 98, compulsory insurance is in which institutions, that cannot be suspended until the fund established under this rule is not fully active; and (C) Introduction of health insurance scheme for the beneficiaries to ensure the health measures. 216. Investment of the fund money.- Board of directors may invest the money of the funds in any profitable and risk free sector, approved by the Government. 217. Procedure of collecting the fund money.- (1) lien bank of the organization will transfer the money of clause (a) of the sub-section (1) Rule 214 to the bank account of the fund immediately after liquidation of export work order. (2) Money described in clause (b) of sub-rule (1) of section 214 in case of Buyer or buyer organization can voluntarily refer the portion in LC (Letter of credit) at the time of opening LC. (3) If lien bank fails to submit the money within the specified time the board may direct for depositing that in the next 30 days. (4) If lien bank fails to submit the money in the fund as per clause (a) of subsection (1) of Rule 214, that will be realized as the government claims, and the board may take other necessary legal action. 218. Formation of the board of directors.- the government will form the Board of Directors with integration of the following members, namely: (A) Minister or Minister of State for the Ministry of Labor and Employment, Exofficio, will be its chairman; Bangladesh Gazette, Extra, September 15, 2015 7417 (B) Labor and Employment Secretary, ex officio, its Vice-Chairman; (C) President of the owners’ association for the highest foreign currency earning export oriented industrial sector, ex officio, will be its Vice-Chairman; (D) Three members nominated by owners’ association for export oriented industrial sector; (E) Three members Workers’ Federation in export oriented industrial sector nominated by the Government; (F) Board Secretary, who will be its Member-Secretary. 219. Term of the member and resignation.- (1) duration of all members will be the next three (3) years from the date of their nomination. (2) Any member can resign from his post by the signed resignation letter to the chairman, and the post will be considered vacant from the date on it received by the chairman. 220. Disqualification of the member.- any person will not be qualified to be a member Under clause (c), (d) and (e) of rule 218, if- (A) the competent court declares him insane or bankrupt; (B) he has been nominated as a member of the Board twice before; (C) he has been convicted for an offense involving moral turpitude and sentenced to at least 1 (one) year imprisonment by the court and after his release five years have not been elapsed; And (D) he is absent from three consecutive meetings of the Board without the consent of the Chairman. 221. Elimination of a member.- with the approval of the government by written the order the board can eliminate any designated member mentioned in clause (C), (d) and (e) of article 218, if he- (A) fails or refuses to comply with his duties under the Act and these regulations, or is considered as unable to perform the duties; Bangladesh Gazette, Extra, September 15, 2015 7418 (B) abuses his office as a member by the government consideration; (C) achieves or holds anything profitable directly or indirectly regarding welfare fund; 222. Allowances.- each member including the Chairman of the Board of Directors will receive daily allowance for attendance at per meeting at the rate determined by the board. 223. Salaries, costs grant and employee recruitment power of the secretary.(1) secretary, approval by the Board of Directors, by the Board, from time to time, will receive salary and allowances at the specified rate. (2) The secretary may grant, with permission of the Chairman of the Board, highest one lac taka annually as per budget allocation for any sudden expenses, supplies and materials needed for the ongoing of the fund management. Provided that, approval of the board concerning the granting of such expenditure will be needed at the next meeting of the Board. (3) Board may appoint the required number of employees including the creation of the post efficient management of the fund administration. (4) Employee hiring process, staff job terms, salaries, allowances, etc. under sub-rule (3) will be made by the Board by prescribed regulations on the approval of the government. (5) In the absence of the secretary, any officer, designated or appointed by the board, will perform such other duties administrative responsibilities. 224. Meeting of the Board of Directors.- (1) Board meetings will be held at least once in every four months, and Board Secretary, by consultation with the Chairman, will fix date, place and time of each meeting, notice will be sent to the address of each member by registered post or by any other means acceptable to the members at least seven days before the date of each meeting of the meeting, but in case of emergency meetings, notice of such meetings to be sent in the three days before the meeting. (2) Notwithstanding anything contained in the reference of sub-rule (1), if at least half of the members of Board of Directors request in writing, the secretary, by consult with the Chairman, will convene board meeting within 10 (ten) days of receiving request. Bangladesh Gazette, Extra, September 15, 2015 7419 (3) The Chairman will preside at each meeting and if in a meeting of the Board the chairman is absent, Secretary, Labor and Employment Ministry, the Vice-Chairman of the Board, will preside over the meeting and will sign the meeting's resolution. (4) At least one of the members representing the owners and workers and more than half of the members will be in attendance to make the quorum at a meeting of the Board of Directors. (5) Notwithstanding anything contained in Sub-rule (4), If the quorum of any meeting does not form in one hour, the meeting will be adjourned and the adjourned meeting will be held in the next ten days and if the quorum is not formed in adjourned meeting, then for the third meeting in the presence of any number will be treated as the quorum. (6) All things regarding the fund will be raised in the board meeting, and decision will be taken by a majority vote of the members and in any case where equal number of votes is given, the Chairman will give the determining or casting vote. (7) Minute of each meeting with names the present members will be given to each member and the government within the next 7 (seven) days, which will be consolidated in the next meeting of the Board. 225. Accounts and Audit.- (1) a central account will be conducted for which sectors this rule applies. (2) Board will preserve the money deposited in the central account as per different industries. (3) The Board will properly maintain the accounts of the funds and prepare an annual report. (4) The board will audit fund through an authorized auditor each years. (5) for the purpose of observing the purpose of Sub-rule (ii) an auditor may check all records, documents, cash or bank accounts, securities, treasury and other property and examine any member, officer or employee of the board. 226. Annual reports of two funds.-the board will submit accounts of the previous year as a report to the Government by 31 March of each year. 227. Management of Workers Participation Fund and the Workers Welfare Fund.- (1) after the commencement of Workers Participation Fund and Workers Welfare Fund By a company in accordance with section 234, a Trustee Board will be formed within 30 (thirty) days for the management of two funds in accordance with section 235(1). Bangladesh Gazette, Extra, September 15, 2015 7420 (2) The nominee from the company's accounts department will perform the functions as secretary of the fund. (3) In order to assist the Board in conducting the work of the Board the company's expense has to arrange the office of the Chairman, and official employee as required. (4) The secretary will prepare a list of names of those beneficiaries who are entitled to get the privileges of from two funds. 228. Accounts maintain of two funds.- (1) referred to in Rule 227 the Trustee Board will open account in any scheduled bank to operate two funds. (2) Four members of the Board will be entitled to operate the accounts and a company representative and a worker representative can withdraw money from the bank accounts by joint signatures. (3) In case of termination of employment of any member of the Trustees Board, his representation will be omitted immediately and in such a case or otherwise such a void of any member of the Trustees Board, the vacant post will be filled up within 15 (fifteen) days by election or nomination for the party that has lost representation the board of trustees as per Article 235(1). 229. Activity of the Board.- (1) The meeting will be convened within 15 (fifteen) days from the Board has formed, and its performance management system should be prepared: Provided that, if Board enacted anything contrary to any law or the rules of procedure will be deemed void. (2) Under sub-section (1) the following matters may be included in the work procedure approved by the board, namely: (A) Following the publication of the company's annual accounts set up, payment, investment of the part of the fund in favor of each eligible beneficiary and determining the method of the annual meeting of the Board for use of the welfare fund; (B) Determine the method of additional meetings for the hearing of a complaint against the cancellation of the beneficiary in the fund; Bangladesh Gazette, Extra, September 15, 2015 7421 (C) Formation of an executive committee for the daily performance of the Board comprising an equal number of representatives of the Company and the beneficiary parties; (D) Determine the decision-making process of any question by sending the documents to the Board of Trustees real problems in terms of holding meetings; (E) Determine the requirements of quorum for Board meetings and notice; and (F) Resting the responsibilities of office, records and functions management on the Secretary. 230. Duration of Board.- (1) Duration of an elected or nominated Trustee of the board will be for a period of three (3) years. (2) The trustees of the board will receive no remuneration for the duties, but company will bear their reasonable travel expenses to attend the meeting of the Board. 231. Limitations of the capacity of trustees.- Trustees will not vote during decision making of the scheme of self-interest or in the question of own right or facilities. 232. Eligibility for benefits from two funds.- (1) for fulfilling the purposes of the Fifteenth chapter of the Act, eligible beneficiaries means a person described in the definition of beneficiaries in Article 233(1)(i). (2) Each owner will provide such a list of all the beneficiaries or workers and their heir or nominee list as per form-41to the Board. 233. Distribution of Funds.- within 2 months of receiving the money of participation fund Trustee board will equally distribute 80% money as per Article 233(1)(i) following the section 242(1) among such person or the beneficiaries in cash regardless of rank whose job duration is 9 (nine) months on the date of transfer of dividend in fund. 234. Accounts and Audit.- followed by section 248 the Board to maintain the accounts of two funds separately and annual audit to be done and every member to provide the statement of his received accounts within 90 (ninety) days of the audit is done. 235. Annual report of two funds.- (1) The Board will submit statements of account of the previous year as a report to the owner in accordance with for81 (j) by 31 March of each year. Bangladesh Gazette, Extra, September 15, 2015 7422 (2) After receiving statements by the Board, the owner has to submit a copy to the Factories and Establishments Inspection Department. 236. Miscellaneous.- (1) All acts and decisions of the Board should be equal for all beneficiaries and no discrimination cannot be done regarding the facilities among the workers. (2) Under Chapter fifteen of the Act, any income or benefits of the workers cannot be mortgaged, exchanged or sold. (3) The owner cannot receive any advance or loan from of fund for any type of personal needs or any other business purposes. (4) If acts of fifteenth chapter become repealed for any company, assets will be distributed among beneficiaries on the basis of the net asset value on the date of such repeal, and the allocation will be either cash or asset that will be determined by the Board.

Provident Fund 237. Formation of provident fund and the rules.- (1) Formation and management of provident fund in a non-governmental organization will be governed by the seventeenth chapter of the act, these rules and the organization's own approved jobs rules. (2) A non-governmental organization may make its own rules for development and management of the provident fund: Provided that, no provision of its own rules cannot be subversive of the provisions of the seventeenth chapter of Act and these Rules. (3) If a provident fund is formed in a non-governmental organization to the In the absence of organization's own rules it will be governed by these rules. (4) Immediately after the formation of provident fund the owner will constitute a board of trustees in accordance with the provisions of Article 264 of the organization for these purposes. (5) in accordance with Article 264 (10), if not less than three-fourth of the workers in the organization submit a written petition to the owner of the organization the owner will be bound to a form a Board of Trustees to manage the fund for this purpose. Bangladesh Gazette, Extra, September 15, 2015 7423 (6) For the purposes of this chapter, the worker means all employed in the company regardless of rank, except the owner or partner, or members of the Board of Directors. 238. Eligibility to be a member of provident fund.- (1) Provident fund of any organization established under the law and the rules all employed in the company regardless of rank, except the owner or partner, or members of the Board of Directors, minimum for one year, will be members. Provided that, the illegal lock-out, legitimate strike, lay-off days and weekly vacation, sick leave, casual leave, maternity leave of more than sixteen weeks and any kind of authorized leave or absence of workers due to the holiday or vacation will not shorten the continuation of the employment in the organization. (2) Within 15 (fifteen) days to qualify to be a member of the fund the owner will submit name and other information of the worker and his chosen successor to the Board of Trustees as per from-67. (3) If nomination has not given at the time of joining, the owner will direct the worker to submit the nomination with a passport size photo of him and his nominee within 10 (ten) days of become a member and the worker will submit his information in the specified form to the owner within the next 10 (ten) days of receiving the direction, which the owner will submit to the trustee board within 5 days of receiving that. (4) Any question raised regarding become or continue the membership in the fund or about the date of being member the Trustee Board will decide regarding that. (5) Within thirty (30) days of being notified that against the decision of the Board the aggrieved worker may lodge appeal to directorate general or entitled officer of Factories and Establishments Inspection Department. (6) If such an appeal has been filed by the person to whom it is filed, will the settle that within 30 (thirty) days by giving the both parties an opportunity to hear an appeal. 239. Distribution of account numbers.- after receiving information from the owner, the Board of Trustees, as soon as possible, will grant the worker an account number as per form-68 in specified way by the board, and will notify the owner and the worker through the owner. Bangladesh Gazette, Extra, September 15, 2015 7424 240. Nomination of members of the Board of Trustees.- (1) the Board of Trustees of the fund of the organization will consist of not more than 7 (seven) members. (2) Representatives of owner will be nominated by the owner: Provided that, officials of the accounts department will be given priority for such nomination. (3) Collective Bargaining Agent of the organization will nominate the workers' representatives for the representative of workers: Provided that, where there is no collective bargaining agent, workers' representatives will be nominated by the existing trade unions: Provided further that, where there is no trade union organization in that case, workers' representatives will be nominated by the workers' representatives of the participating Committee: Provided further that, where there is no collective bargaining agent or a trade union organization or participating committee, in that case, workers' representatives will be nominated from the workers of that organization under supervision of welfare officer. (4) An equal number of owner and workers' representatives will be the members of the Board of Trustees. (5) Members from themselves will nominate a Vice-Chairman for one (1) year. 241. Term and resignation of the member.- (1) duration of all members will be the period of 2 (two) years from the date of his nomination. 242. Disqualification of the member.- any person will not be qualified to be a member under rule 240, if- (A) the competent court declares him insane or bankrupt; (B) he has been nominated as a member of the Board twice before; Bangladesh Gazette, Extra, September 15, 2015 7425 (C) he has been convicted for an offense involving moral turpitude and sentenced to at least 1 (one) year imprisonment by the court and after his release five years have not been elapsed; And (D) he is absent from three consecutive meetings of the Board without the consent of the Chairman. 243. Elimination of a member.- with the approval of the government by written the order the board can eliminate any designated member mentioned in clause (C), (d) and (e) of article 218, if he- (A) fails or refuses to comply with his duties under the Act and these regulations, or is considered as unable to perform the duties; (B) abuses his office as a member by the government consideration; (C) achieves or holds anything profitable directly or indirectly regarding welfare fund; 244. Secretary of the Board.- members of the trustee board, will nominate one person from among its members other than the Chairman. Meeting Board of Trustee Board.- (1) Trustee Board meetings will be held at least once in every four months, and Board Secretary, by consultation with the Chairman, will fix date, place and time of each meeting, notice will be sent to the address of each trustee by registered post or by any other means acceptable to the trustee s at least seven days before the date of each meeting of the meeting, but in case of emergency meetings, notice of such meetings to be sent in the three days before the meeting. 245. (2) Notwithstanding anything contained in the reference of sub-rule (1), if at least half of the members of Board of Directors request in writing, the secretary, by consult with the Chairman, will convene board meeting within 10 (ten) days of receiving request. (3) The Chairman will preside at each meeting and if in a meeting of the Board the chairman is absent, Secretary, Labor and Employment Ministry, the Vice-Chairman of the Board, will preside over the meeting and will sign the meeting's resolution. 246. Quorum of Board- (1) At least one of the trustees representing the owners and workers and more than half of the trustees will be in attendance to make the quorum at a meeting of the Board of trustees. Bangladesh Gazette, Extra, September 15, 2015 (2) 247. 248. 249. 250. (2) (3) (4) 251. 252. 7426 Notwithstanding anything contained in Sub-rule (4), If the quorum of any meeting does not form in one hour, the meeting will be adjourned and the adjourned meeting will be held in the next ten days and if the quorum is not formed in adjourned meeting, then for the third meeting in the presence of any number will be treated as the quorum. Resolution.- All things regarding the fund will be raised in the board meeting, and decision will be taken by a majority vote of the trustees and in any case where equal number of votes is given, the Chairman will give the determining or casting vote. Minutes of the meeting.- Minutes of each meeting with names the present trustees will be given to each trustee and the government within the next 7 (seven) days, which will be consolidated in the next meeting of the Board. Employment of workers.- Board may employ workers for conducting the administrative activities of the fund. Subscription.- (1) wages of the workers is provided in which way, the payable donation rate will be determined by calculating on the basis of not less than seven and not more than eight percent of the monthly original wages. during payment of wages the worker by deducting the specified money for donation for the provident fund with an equal amount of money to be deposited in the fund through pay order or bank draft by the owner within fifteen days after the end of the month and the bank charges for pay order or bank draft will be borne by the owner. Within fifteen days after the end of each month, the owner will send a monthly report to the board and in the report the amount deducted from each worker and the amount refers to the amount of money given by the owner will be stated and if money is collected from the wages of the workers in any month for any reason that will be deducted from the next month's wage. In accordance with Sub-rule (2), the Secretary will acknowledge it within ten days of receiving the money. Return due to the termination of employment.- the workers who are members of the fund and whose employment has been terminated in the previous month, a list of such workers will be transmitted to the Board within 15 (fifteen) days at the end of each month in the form of return by the owner. Maintaining the accounts of provident fund.- (1) the Secretary will deposit all money received in the fund by opening of an account of a scheduled bank determined by the Board. Bangladesh Gazette, Extra, September 15, 2015 7427 (2) the bank account will be jointly governed by the Chairman of the Board of Trustees, representatives of the owners and workers parties and money can be withdrawn by the joint signature of the Chairman and another member approved by the Board. (3) Money deposited with the subscription of the employer and the worker, and the earned profit or revenue or profit to be kept separately in the register in account of each member. 253. Owner’s accounts and statements.- (1) Every owner will keep the accounts of his own parts and labor donations in the provident fund by the method directed by the board time to time. (2) as soon as possible after the end of each year, the Board Will provide a written and signed statement containing opening balance at the beginning of the year, the donation of the year, deposited profit at the end of the year, received advance and paid installment and the balance of the year-end in the fund to each member. (3) The members themselves will be ensured regarding the annual accounts, and will send the statement to the Board within 3 (three) months of receiving such amendment if any error occurs, and the board will back a report to the member within next 10 (ten) days after necessary verification and amendment that if defect found. 254. The annual report on the actions of the fund.- (1) The Board will submit accounts statement of the fund of the previous year to the owner in accordance with form-81(k) within March 30 in each year. (2) After receiving the accounts statement the owner will send a copy of that to the Factories and Establishments Inspection Department. (3) The Board will prepare an annual summary of a classified statement of the assets of the fund as per form-69 and a balance sheet and will enclose the copies of those with the annual report to be submitted to the Inspector General of Factories and Establishments Inspection. 255. Revenue Account.- A revenue account of the provident fund to be opened in which all profits and other investment, earned profit and any money forfeited to the fund will be deposited separately and by the same way money to be shown in the costs sector as securities sales, lowing by securities price reduction, security tax and grants. Bangladesh Gazette, Extra, September 15, 2015 7428 256. Member’s account.- (1) An account to be opened in the name of each member in the ledger of the office fund in which paid subscription, owners part in favor of the worker, proportional share received dividend from profits and investment will be submitted. (2) Within three months after the end of each year, the Board Secretary will examine the things shown in the account of each member and if any error appears that will be amended and a signed sector wise statement will be provided to each worker. 257. Investment of money of the fund.- money of the fund, by the decision of the board, may be invested in sectors stated in section 264(12) and to purchase the moveable assets in Bangladesh. 258. Operating costs.- The owner will execute the salaries, allowances, etc. and all administrative expenses, audit accounts and legal expense, stationary expenses, forms, furniture, rent, tax and other reasonable expenses of the fund. 259. Type of the account.- the owner or the Secretary will maintain the operation account including fund account in the manner prescribed by the board. 260. Account audit.- The annual accounts will be audited by the recognized audit firm in accordance with the provisions of the Companies Act 1994. 261. Dividends or profit.- (1) dividends or profits earned by investment of the deposited money in the fund to be deposited in a proportionate in account of as every member at the end of the year. (2) The accumulated profits in the accounts of the members to be shown in the fund as cost. (3) Profit from the first day to last day to be deposited in the deposit sector of each member. (4) Profit on the payment claim or partial term to be paid at the rate of profit of the previous year and will be deposited as monthly rate for months of partial term. 262. Nomination of nominee.- (1) Every member will provide nomination with the photo of his nominee in accordance forms-41 by giving the right of receiving the money of the fund in his name in case of his death. (2) In which case member has family during the time of nomination, in that case nomination will be one or more members of the family, otherwise it will not be accepted. Bangladesh Gazette, Extra, September 15, 2015 7429 (3) If a member wishes to divide money in his name proportionately to the nominated people, then he may state it his nomination paper. (4) If the designates person dies before the member, the member will provide a new nomination. (5) The nomination given by the member can be changed at any time based on a written notice from the member. (6) Any nomination or any change to it will be effective from date the Board receives that. 263. Conditions for payment of the fund money.- (1) If termination of any job of any member happens after completing two years of service the organization, he will receive all his deposited money in his name with the part of the owner. (2) Any member can withdraw his membership from the fund by applying in writing to the board if he does not intend to hold his membership, and if such withdrawal of membership happens after completing two years of service in the organization then he will receive all his deposited money in his name with the part of the owner. (3) If tenure of service of any member is less than two years or member of a fund for less than a year, he will receive his part form the fund: Provided that, anyway the tenure is, due to the death or closure of the organization the member will receive the both part deposited in the fund. 264. Payment of the money of the dead member.- before the money in the fund is payable, or after being payable but before paid if the member dies- (A) In case of valid nomination, money deposited in the name of the member or any part of that will be paid to the designated person or persons in accordance with the nomination. (B) If the nomination does not exist or if any of nomination is not applicable on any part of the deposited fund, in that case complete deposit or on which part is not applicable that part will be payable to his family members according to the law of deceased's family. Bangladesh Gazette, Extra, September 15, 2015 7430 265. Payment of the money of Provident Fund.- (1) in which case money deposited in the name of any member or after cutting the remaining money is payable in accordance with rules, in that case the Board will close the account of that person and the money is payable to which person, a written notice will be issued to him specifying the amount of payable money. (2) If conflict or doubt arises for any part of the amount payable, in respect of that the board will pay that part immediately where there is no conflict or doubt, and will settle the matter as soon as possible. (3) In accordance with rules money is being paid to the person who is minor or insane, in that case money to be paid to any guardian for a minor person as per Guardian and Wards Act, 1890 (Act No. VIII of 1890) and to any manager assigned for insane person as per Lunacy Act, 1912 (Act No. IV of 1912) and where there no guardian or manage is not appointed, in that case money to paid to the legally entitled person for the minor or insane. (4) As per this rule Upon receipt of this in accordance with the the interested person has to apply to the Board in written and money can be sent through cross check by money-order or registered post as per the person’s wish, or through bank draft or pay order by hand delivery with acknowledgement. 266. Receiving Advance form the fund.- (1) Any member can take in advance as per the following terms and conditions on the approval of the Board of Trustees from balance of the his account, namely:- A) For execution of medical expenses of the contributor or any member of his family; B) For execution of any other essential expenses of the marriage, death rites of the contributor or any member of his family; C) For execution of expenses to build or repair homes or to buy homes or flat or to buy land to build home; D) To pay the life insurance premiums of a contributor or his wife; E) For execution of expenses of sea or air travel of a contributor or any member of his family; and F) For execution of education expenses of the children of any contributor member. (2) Any advance will not be more than 80% (eighty) percent of the total balance of income tax-free contributions and dividends deposited in the account of the member, and no other advance will be granted until the previous one is fully paid. Bangladesh Gazette, Extra, September 15, 2015 (3) 7431 Money received as advance to be paid in not more than 60 sixty equal monthly installments: Provided that, no installment of the advance will be more than one-third of the monthly wages of the worker. (4) By sharing the money received as advance into equal installments for the payment of the main advance, a further installment will be paid out as interest thereon. (5) The money collected in the fund will be considered as money of the members and the owner cannot take any advance or loan for the company or any other commercial purposes or personal need. 267. Operating the functions of the Board.- All orders and documents will be submitted and executed in the name of the Board, that will be certified by any officer entitled to such matters 268. Penalty for violation, etc.- (1) If any person- (A) Fails to pay any fee payable in accordance with these rules without sufficient cause; (B) Cuts or tries to cut the owner’s part from the wages or other remuneration of the member; (C) Fails or refuses to submit return, statement or any other document that is required or instructed to submit; (D) Submits false returns, description, or provides false statements; (E) Becomes guilty for not fulfilling or breaking the requirements of these regulations or for any other purpose; (F) Takes advance or debt by the influence the owner or by any machinations; Then he will be punishable in accordance with Article 298. (2) If the Board of Trustees gives loan at interest rates lower than bank, or permits to use the money in the business of the owner, or allows for own gain, then the owner and members of the Board of Trustees will be punishable under section 409 of the Penal Code, 1860 (Act No.5 of 1860). Bangladesh Gazette, Extra, September 15, 2015 7432 269. Necessity of the provident fund:- in this chapter- (A) Provisions of Rule 268 of 237 will be applicable for non-governmental organizations; (B) Provisions of Rule 70 of the 302 will be applicable for tea gardens; and (C) Provisions of Rules 327 and 303 will be applicable for the workers of the newspaper. 270. Provident fund in tea-garden:- Tea garden worker provident fund will be treated as formed as per rules of trustee board Act. 271. The obligation to be a member of the provident fund.- (1) Followed by the provision of Article 268 (1) every worker who completed one year of service in tea gardens except the trainee to be a member of the fund, and at the time of being member photo of the member and nominee to be submitted to the office of the controller. (2) Any question raised regarding become or continue the membership in the fund or about the date of being member the Trustee Board will decide regarding that. (3) Within 15 (fifteen) days to qualify to be a member of the fund the owner will direct the worker to submit his information in the specified form to the owner within the next 5 (five) days of receiving the direction, which the owner will submit to the trustee board within 5 (five) days of receiving that. Provided that, where the same worker is already a member of the fund, in that case the owner inform the controller by registered post with name, account number and other details of the previous owner within seven days of appointment and will collect the receipt. (4) As per form-67 each owner will send a return to the controller about each worker eligible to be a member within 30 (thirty) days of being this rules effective. 272. Distribution of account numbers.- after receiving information from the owner, the Board of Trustees, as soon as possible, will grant the worker an account number as per form-68 in specified way by the board, and will notify the owner and the worker through the owner. Bangladesh Gazette, Extra, September 15, 2015 7433 273. Meeting of the Board of Trustees.- (1) Board meetings will be held at least once in every two months. (2) Controller, by consultation with the Chairman, will fix date, place and time of each meeting, notice will be sent to the address of each member by registered post or by any other means acceptable to the trustees at least 14 (fourteen) days before the date of each meeting of the meeting, but in case of emergency meetings, notice of such meetings to be sent in the 7 (seven) days before the meeting. (3) Notwithstanding anything contained in the reference of sub-rule (2), if at least half of the members of Board of Directors request in writing, the secretary, by consult with the Chairman, will convene board meeting within 14 (fourteen) days of receiving request. (4) The Chairman will preside at each meeting and if in a meeting of the Board the chairman is absent, the present trustees will make one trustee to be president of the meeting, and he will preside over the meeting and will sign the meeting's resolution. (5) All things regarding the fund will be raised in the board meeting, and decision will be taken by a majority vote of the members and in any case where equal number of votes is given, the Chairman will give the determining or casting vote. (6) If vote is needed to take decision then vote can be given by raising hand and chairman can arrange the secret ballot if the majority of the trustees claim vote in secret ballot. 274. Quorum of the meeting:- (1) At least one of the members representing the owners and workers and at least trustees will be in attendance to make the quorum at a meeting of the Board of trustees. (2) Notwithstanding anything contained in Sub-rule (1), If the quorum of any meeting does not form in one hour, the meeting will be adjourned and the adjourned meeting will be held in the next ten days and if the quorum is not formed in adjourned meeting, then for the third meeting in the presence of any number will be treated as the quorum. 275. Minutes of meeting:- Minutes of each meeting with names the present members will be given to each member and the government within the next 7 (seven) days, which will be consolidated in the next meeting of the Board. Bangladesh Gazette, Extra, September 15, 2015 276. (2) (3) 277. (2) (3) (4) 278. (2) (3) 7434 Fee and Allowances.- (1) Provision of first class employee benefits for travel on government work will be applicable for the Chairman and each Trustee of the Board. If any trustee receives any travel or other allowance he cannot claim allowance form the board for the same travel. Chairman of the Board of trustees will receive monthly remuneration and members will receive daily allowance for attendance at per meeting at the rate determined by the board. Salaries, costs grant and employee recruitment power of the controller.(1) The controller, approval by the Board of Directors, by the Board, from time to time, will receive salary and allowances at the specified rate. The controller may grant, with permission of the Chairman of the Board, highest one lac taka annually as per budget allocation for any sudden expenses, supplies and materials needed for the ongoing of the fund management. Provided that, approval of the board concerning the granting of such expenditure will be needed at the next meeting of the Board. Board may appoint the required number of employees including the creation of the post efficient management of the fund administration and employee hiring process, staff job terms, salaries, allowances, etc. will be made by the Board by prescribed regulations on the approval of the government. In the absence of the controller, the assistant controller will perform such other duties administrative responsibilities. Subscription.- (1) wages of the workers is provided in which way like daily, weekly, fortnightly or monthly, the payable donation rate will be determined by calculating on the basis of the monthly original wages. during payment of wages the worker by deducting the specified money for donation for the provident fund with an equal amount of money to be deposited in the fund through pay order or bank draft by the owner within 15 (fifteen) days after the end of the month and the bank charges for pay order or bank draft will be borne by the owner. Provided that, in case of deposit and payment of money by check of bank in small-town, in that case check to be paid by adding the check collection fee. If the contribution of the workers is not deducted in any month, for any reason or mistake that will be deducted in the next month's wages, and likewise if an additional amount more than the fixed rate is deducted in any month that will be adjusted during the deduction in the next month. Bangladesh Gazette, Extra, September 15, 2015 7435 (4) Retainer allowance paid to any worker in any garden during the time excluding the monsoon, which will be treated as wages to fulfill the purpose of these rules. (5) In accordance with Sub-rule (2), the controller will acknowledge it within ten days of receiving the money. (6) Within fifteen days after the end of each month, the owner will send a monthly report to the board and in the report the amount deducted from each worker and the amount refers to the amount of money given by the owner will be stated and if money is collected from the wages of the workers in any month for any reason that will be deducted from the next month's wage. (7) Deducted money from the wages of any worker as payable subscription in the provident fund will be treated in custody of the owner until the controller receives it. 279. The member will not pay the part of subscription payable by the owner:The owner cannot deduct the part of subscription payable in the fund by him from the wages of the worker, or cannot collect in other way. 280. Return:- The workers who are members of the fund and whose employment has been terminated in the previous month, a list of such workers will be transmitted to the Board within 15 (fifteen) days at the end of each month in the form of return by the owner. 281. Owner’s accounts:- Every owner will keep the accounts of his own parts and labor donations in the provident fund by the method directed by the board time to time. 282. Accounts of provident fund.- (1) the controller will deposit all money received in the fund by opening of an account namely “Provident Fund Account” in a scheduled bank determined by the Board, and the profit account with subscription of the owner and worker will be separately shown in the register. (2) A revenue account to be opened in which all profits and other investment, earned profit and any money forfeited to the fund will be deposited separately and by the same way money to be shown in the costs sector as securities sales, lowing by securities price reduction, security tax and grants. (3) There will be a separate account namely operating account in which all administrative expenditure will be displayed. Bangladesh Gazette, Extra, September 15, 2015 7436 283. Member’s Account:- (1) An account to be opened in the name of each member in separate register of every tea garden in controller's office, in which the follow fund will be deposited, namely:- (A) his paid contribution; (B) the owner’s part in favor of the member; and (C) profit in accordance with the law. (2) Profit to be deposited separately with the workers contribution and the owner’s part and before the end of each year the controller will examine the things shown in the member’s account and if any error appears he will correct it. 284. Investment of funds:- All fund, by decision of the Board, to be deposited in the scheduled bank and not less than 50% of that can be invested in one or more sectors as follows, namely:- (A) In government’s unconditionally guaranteed profit-based savings and bonds; (B) In government’s unconditionally guaranteed schedule bank's term deposits; (C) Stock or debenture of other company whose profit is guaranteed by the government; (D) Buying of immovable property situated in Bangladesh: Provided that, the property will not be the leased the total value of property will not be more than one-third or in case of building, it will not be more than half of the mortgaged money. (2) If any money has been spent in any investments or losses, that will be charged to the account of revenue. (3) The controller will prepare an annual summary of a classified statement of the assets of the fund as per form-69 and a balance sheet (up to 30th June of each year) and will enclose the copies of those with the annual report to be submitted to the Inspector General of Factories and Establishments Inspection. 285. Operating costs.- (1) Fees and allowances of trustees of the board, the salaries, allowances, etc. of the employees and all administrative expenses, audit accounts and legal expense, stationary expenses, forms, furniture, rent, tax and other reasonable expenses of the fund will be spent from the operation account as per approval of the board. Bangladesh Gazette, Extra, September 15, 2015 7437 (2) The controller will maintain the fund accounts including “operation account” in the manner prescribed by the board. 286. Account audit.- (1) The annual accounts will be audited by the recognized audit firm in accordance with the provisions of the Companies Act 1994. (2) Auditor appointed under sub-section (1) will audit the fund account and will send three copies of the duly signed and sealed audit report to the Board and will send a copy thereof to the Government. 287. Budget:- (1) The controller, by preparing a budget for the next year within the first fortnight of June in every year, will submit it to the Board in which the potential amount of the collection, levy of the administrative expenses and the proposed expense for the next year will be displayed. (2) During formulation of the budget, the cost of the overall management can be spent form collected money special precautions to be taken for that and if the Board feels any cost unavoidable then such costs will require the prior approval of the government. 288. Profit:- (1) The earned profit from the fiscal accounts to deposited in each member’s account proportionately by the end of the year. (2) The total profit deposited in the members’ accounts will be shown as revenue expenditure. (3) Profit to be deposited in the deposit sector of each member from the first days to last day: Provided that, in the name of the members deposits money is payable, then from the first day of the current term that the money be taken from the day to day of the previous month to the day, or refund the money due to be paid until the end of the month for the next six months previously, that will be credited to the profit: Provided further that, profit on payment claim or partial term will be paid at the rate of previous year’s profit, and will be deposited at monthly rate for the partial months. (4) The Board will, if considered necessary, such reasonable rates on the money withdrawn for the payment in Life Insurance Policy by the member, may result in charges to meet the cost of similar charges for the similar policy premium, as determined by the Board, after the realization of ways, the fund will be credited to revenue. Bangladesh Gazette, Extra, September 15, 2015 289. (2) (3) (4) (5) (6) 290. 7438 Nomination of nominee.- (1) Every member will provide nomination in accordance forms-41 by giving the right of receiving the money of the fund in his name in case of his death. Provided that, if the member is minor, he cannot make any nomination before his maturity. Provided further that, if that minor dies before being mature, all money deposited in his name in the fund will be payable to his family members as per law. If a member wishes to divide money in his name proportionately to the nominated people, then he may state it his nomination paper. In which case member has family during the time of nomination, in that case nomination will be one or more members of the family, otherwise it will not be accepted. Explanation: In this rule, “member in family” means for the male member wife, married and unmarried children, adopted son-daughter, dependent father-mother, and the wife and children of the dead son, for the female member husband, married and unmarried children, adopted son-daughter, dependent father-mother of the member or her husband, and the wife and children of the dead son. If the designates person dies before the member, the member will provide a new nomination. The nomination given by the member can be changed at any time based on a written notice from the member. Any nomination or any change to it will be effective from date the Board receives that. Payment in life insurance policies:- (1) for payment in life insurance policies how much money comprising of the subscription and profit on that has been deposited in the name of any member of the fund in the past year, no more than that amount of money to be can be withdrawn not exceeding once in twelve months: Provided that, until submission of details of the proposed life insurance policy to the controller in the prescribed form and until it is accepted as appropriate, no permission can be given to withdraw this money and no permission can be given to withdraw more money than the originally payable money as premium or subscription. Provided further that, if allowed to withdraw such money, the controller will pay that money to that insurance company directly and take the receipt of that payment. Bangladesh Gazette, Extra, September 15, 2015 7439 (2) In case of new policy, after receiving the first premium the insurance company will deposit the insurance policy in favor of the appointment of the Board and the controller, taking the title and signature of the member, will keep the policy in safe custody. (3) Within three months of first money withdrawal from the fund the policy, for the security of the money raised, the Board will appoint the right and that to be transferred the controller. (4) Before granting permission to withdraw as the old policy the moderator to be satisfied by whether this is the policy has any right to be appointed by sending the matter to the policy company. (5) Without the prior approval of the Controller any condition of the policy can be changed or any that cannot be replaced by the any new policy and the details regarding conditions change or new policy to be submitted to the Controller by means determined by the controller. (6) Where the rights of the policy is not assigned and delegated to it that case if withdrawal of money as policy in respect to the money at the rate of five percent of the members, otherwise the controller will instruct to deduct the money from the wages of members. (7) the accepted policy according to this rule will be effected on the member's life and legal title will be appointed by the member to the Board. 291. Saving the money raised from the bonus:- (1) during the policy is active if the withdrawal of the money of the bonus is optional by a member according to the terms of the policy, the member may withdraw the bonus money and the member cannot be prevented to withdraw bonus money in accordance with the conditions of the policy. (2) For the interests of withdraw bonus money the member to provide that in the fund and such amount will be adjusted against the withdrawn money, or if the member fails to deposit it, in that case the controller, will instruct to deduct the money from the wages of members. (3) If any policy to the Board is matured or the member get money through other way be before leaving job, in that case board will collect that money with the earned bonus and will deposit that money in the fund in the name of the member. Bangladesh Gazette, Extra, September 15, 2015 7440 292. Employment of re title of the policies:- (1) Where a member (A) Retires due to age or length of service; (B) Retires due to permanent physical or mental inability; (C) Receives permission to withdraw the deposit in the fund by being entitled by the Board or by the Controller of the Board; (D) Withdraw the deposit in the fund by being entitled by the Board or by the Controller of the Board and deposited again in that case the Board will resubmit the same title of the Board in the name of the member in written and the member will receive that. (2) If any member dies before leaving the service then the Board, in that case, will appoint the re-right to nominated person (if any) or other person who may is found legal to get it, and the insurance company will transfer that to such person. 293. Conditions of payment in the fund:- (1) A member can withdraw all money in his name in the following cases, namely:- (A) if takes retirement normally from service in the garden in accordance with the law; (B) If takes retirement for total inability due to physical or mental disability under certification of the qualified doctor: Provided that, any outgoing member may withdraw the deposited money after three months of the retirement. (2) In the case other than retirement, no member will, on the application of the law that applies to no more than three months in any garden, there is a continuous unemployed by the Board if the regulator is entitled as a member of the fund to allow withdrawal of money. (3) In case of the voluntary retirement of any member:- (A) If the term of his membership in the fund is less than three years, 50 percent of the owner’s part with profit will be forfeited in fund; (B) If the term of his membership in the fund is more than three years but less than five years, 25 percent of the owner’s part will be forfeited in fund; Bangladesh Gazette, Extra, September 15, 2015 (C) (4) (5) (6) 294. 295. 7441 If the term of his membership in the fund is more than five years but less than ten years, 15 percent of the owner’s part will be forfeited in fund. As per sub-rule (3) if any member takes a job in the garden again after withdrawal the money, then he has to join the fund as a new member. Any forfeited money in the fund will not be handed over to the owner, it will be credited to the revenue. The garden authority will provide the money paid by the retired members from the provident fund office to the receiver through crossed checks and acknowledgment of the recipient to be sent to the controller within the next 7 (seven) days. Transfer of the member account:- if any member join in another garden after leaving or termination of jobs otherwise from a garden and he did After employment or, any other you've had arrived at the garden withdraw his deposited the money in the fund, then as per his application, the controller may continue his membership and as per article 268 (1) the worker is entitled to get the membership in the fund as worker of the new garden from which date, from that date the controller will transfer the account in the register of the new garden and in such case interest deposit of the worker will continue to on the previous deposit. Payment of the money of the dead member.- before the money in the fund is payable, or after being payable but before paid if the member dies- (A) Money deposited in the name of the member will be paid to the designated person or persons in accordance with the nomination; or (B) If the nomination does not exist or if any of nomination is not applicable on any part of the deposited fund, in that case complete deposit or on which part is not applicable that part will be payable to his family members according to the law of deceased's family. 296. Payment of the money of the terminated employee:- Any worker may become terminated, discharged, seized or suspended but he cannot be deprived from the deposited money of the fund in his name. 297. Payment of the money of Provident Fund.- (1) If conflict or doubt arises for any part of the amount payable, in respect of that the board will pay that part within 3 (three) months where there is no conflict or doubt, and will settle the matter within 6 (six) months. Bangladesh Gazette, Extra, September 15, 2015 7442 (2) In accordance with rules money is being paid to the person who is minor or insane, in that case money to be paid to any guardian for a minor person as per Guardian and Wards Act, 1890 (Act No. VIII of 1890) and to any manager assigned for insane person as per Lunacy Act, 1912 (Act No. IV of 1912). (3) where there no guardian or manage is not appointed, in that case if money is not more than Tk. 30,000/- (thirty thousand), then the controller, and if money is more than Tk. 30,000/- (thirty thousand), then chairman by the decision of the board will pay to the legally entitled person for the minor or insane. (4) As per this rule upon receipt of this in accordance with the interested person has to apply to the garden manager in written. (5) As per the wish of the person to be paid the money the controller will pay the bank draft or pay order of that money through concerned garden manager. 298. Annual statement member’s account:- (1) Within the next 6 (six) months after the end of each year, the controller will provide a written and signed statement containing opening balance at the beginning of the year, the donation of the year, deposited profit at the end of the year, received advance and paid installment and the balance of the year-end in the fund to each member. (2) The members themselves will be ensured regarding the annual accounts, and will send the statement to the Board within 3 (three) months of receiving such amendment if any error occurs. (3) The controller will back a report to the member within next 10 (ten) days after necessary verification and amendment that if defect found. 299. The annual report on the actions of the fund.- (1) The Board will submit accounts statement of the fund of the previous year to the government within September 30 in each year. (2) Workers of which garden have been member of the fund, the owner of such gardens to be sent a copy of that report without any cost. 300. Operating the functions of the Board.- All orders and documents will be submitted and executed in the name of the Board, that will be certified by any officer entitled to such matters Bangladesh Gazette, Extra, September 15, 2015 7443 301. Power to issue guidelines:- For fulfilling the purposes of these act and rules or in the purpose to settle the crisis in fund management including paying the deposited money to the members after ending of membership in the fund, the government will provide guidance to the board from time to time. 302. Penalty for violation, etc.- (1) If any person- (A) Fails to pay any fee payable in accordance with these rules without sufficient cause; (B) Cuts or tries to cut the owner’s part from the wages or other remuneration of the member; (C) Fails or refuses to submit return, statement or any other document that is required or instructed to submit; (D) Submits false returns, description, or provides false statements; (E) Becomes guilty for not fulfilling or breaking the requirements of these regulations or for any other purpose; (F) Takes advance or debt by the influence the owner or by any machinations; Then he will be punishable in accordance with Article 298. (2) If the Board of Trustees gives loan at interest rates lower than bank, or permits to use the money in the business of the owner, or allows for own gain, then the owner and members of the Board of Trustees will be punishable under section 409 of the Penal Code, 1860 (Act No.5 of 1860). 303. Provident fund in newspaper organization:- (1) Provident Fund to be mandatorily formed in each newspaper organization according to the section 273 and in the absence of any organization's own approved rules of employment, if will be conducted by rules 303 to 325. (2) Initiative to be taken to form the Board of Trustees in the purpose of management of the provident fund in accordance with Article 264. 304. Participation of the workers in the fund- (1) Every worker who completed 2 (two) years of service in the organization to be a member of the fund. Bangladesh Gazette, Extra, September 15, 2015 (2) 7444 Any question raised regarding become or continue the membership in the fund or about the date of being member the Trustee Board will decide regarding that. Provided that, during the 2 (two) years mentioned in sub rule (1)- (a) The illegal lock-out, legitimate strike, lay-off days; (b) Weekly vacation, sick leave, casual leave, authorized leave or absence of workers due to the holiday or vacation; (c) Maternity leave of more than sixteen weeks and any kind of will not shorten the continuation of the employment in the organization. (3) The owner will direct the worker to submit the nomination with a passport size photo of him and his nominee and the worker will submit his information in the specified form. (4) The owner will submit the information received in sub rule (3) to the board. (5) As per form-67 each owner will send a return to the controller about each worker eligible to be a member within 30 (thirty) days of being this rules effective. 305. Distribution of account numbers.- The Board of Trustees will grant the worker an account number as per form-68 in specified way by the board, and will notify the worker. 306. Secretary of the board:- Trustees of the trustee board will assign a one among the other trustee except the chairman as member secretary. 273. Meeting of the Board of Trustees.- (1) Secretary, by consultation with the Chairman, will fix date, place and time of each meeting, notice will be sent to the address of each member by registered post or by any other means acceptable to the trustees at least 7 (seven) days before the date of each meeting of the meeting, Provided that, in case of emergency meetings, notice of such meetings to be sent in the 3 (three) days before the meeting. (2) The Chairman will preside at each meeting. Bangladesh Gazette, Extra, September 15, 2015 7445 (3) If in a meeting of the Board the chairman is absent, the present trustees will make one trustee to be president of the meeting, and he will preside over the meeting and will sign the meeting's resolution. (4) At least one of the members representing the owners and workers and at least trustees will be in attendance to make the quorum at a meeting of the Board of trustees. (5) If the quorum of any meeting does not form in one hour, the meeting will be adjourned and the adjourned meeting will be held in the next 10 (ten) days (6) If the quorum is not formed in adjourned meeting, then for the third meeting in the presence of any number will be treated as the quorum. (7) All things regarding the fund will be raised in the board meeting, and decision will be taken by a majority vote of the members. (8) In any case where equal number of votes is given, the Chairman will give the determining or casting vote. (9) Vote can be given by raising hand and chairman can arrange the secret ballot if the majority of the trustees claim vote in secret ballot.

Apprenticeship

Administration, Inspection, etc

Miscellaneous