Bailment and pledge

 Definition of bailment.
 Characteristic features or the requisites of bailment.
Bailment has the following characteristic features :
1. Delivery:
2. Purpose :
3. Return :
4. Contract :
5. Ownership :
6. Movable goods:
7. Possession:
 Difference between bailment and pledge.

Law of agency
 Dfinition and nature of agency
 The test of agenty
 Agent and servant
 Agent and an independent contractor
 Agen t and bailee
 Who can appoint an agent?
 Who may be an agent?
 Different classes of agents
1. Broker 4. Auctioneer
2. Factor 5. A del credere agent
3. A commission agent 6. General agent and particular agent
 Sub-agent and co-agent - rule, sub-agent, co-agent
 Agents rights
1. Enforcement of rights : 4. Agent not entitled to remuneration for business
2. Agent’s right of retainer: misconducted :
3. When agent’s remuneration becomes due: 5. Agent’s lien :

The law relating to sale of goods

Definitions

 BUYER, SELLER AND GOODS

 Existing Goods
 Future Goods
 Contingent Goods
 SALE AND AGREEMENT TO SELL
 DIFFERENCES BETWEEN A SALE AND AN AGREEMENT TO SELL
1. Transfer of ownership 3. Remedial measures
2. Transfer of Risk 4. Nature of contract

 The essential elements

1. Movable goods : 5. Method of forming the contract :
2. Movable goods for money : 6. The terms of contract:
3. Two parties: 7. Other essential elements:
4. Formalion of ihe conlracl of sale :
Sale and bailment
 Hire-purchase agreements
 Conditions and warranties
 Distinguish between condition and warranty
 Exercises
2. Explain the difference between a condition and warranty. Under what circumstances can a breach of
condition be treated as a breach of warranty
7. Explain the following terms: Buyer; seller; earnest money; price of goods.
8. What is a contract of sale of goods? What are the distinctions between sale and agreement to sell ? When
are agreement to sell ? When an agreement to sell becomes sale? Illustrate.
11.State the differences between the following :
(a) sale and hire-purchase.
(b) sale and agreement to sell. .
(d) condition and warranty.

Transfer of ownership
 Exercises
3. Enumerate the rules under which property in goods is transferred from the seller to the buyer .
6. "No seller of goods can give the buyer of goods a better title to those goods than he himself has". Discuss.
7. When does property in goods pass from the seller to the buyer in a contract or sale of goods?

The law relating to negotiable instruments

Definitions

 Negotiable instruments
 Promissory note (pro~note or hand note) definition
 Essential elements (1-10 point)
 Bill of exchange- definition
 Essential elements of a bill of exchange (1-9 point)
 Differences between a promissory note and a bill of exchange
1. Number of parties
2. Promise and order 5. Relationship
3. Acceptance 6. Notice
4. Liability 7. Protest
 Cheque -definition
 Essential elements of cheque (1,2,3,5,6 point)
 Essential features of negotiable instruments
1. Writing and signatur~ 6. Presumptions
2. Money 7. Special procedure
3. Negotiability 8. Popularity
4. Title 9. Evidence
5. Notice

THE FACTORIES ACT, 1965

 Health and Hygiene provisions in the Factories Act 1965:
1. Cleanliness:
a) Factories must be kept clean and free from effluvia.
b) Accumulated dirt and refuse should be removed daily.
c) Floors should be cleaned at least once a week.
d) Effective drainage should be provided for wet areas.
e) Walls, ceilings, and work surfaces should be painted/varnished(at lest once in every five years) or
whitewashed/color-washed (at least once in every fourteen months).
f) Dates of cleaning processes must be recorded in a register.
2. Disposal of Wastes and Effluents:
a) Factories must have effective arrangements for waste and effluent disposal.
b) Government may prescribe rules for disposal arrangements.
3. Ventilation and Temperature:
a) Adequate ventilation and suitable temperature must be maintained in workrooms.
b) Walls and roofs should be designed to minimize overheating.
c) Measures like exhaust appliances, insulation, and whitewashing may be required for specific processes.
d) The government can prescribe standards and require temperature gauges.
4. Dust and Fume:
a) Effective measures should be taken to prevent the accumulation of dust, fumes, or impurities.
b) Exhaust appliances should be applied near the source.
c) Stationary internal combustion engines must exhaust into open air.
5. Artificial Humidification:
a) Rules may be made for factories with artificially increased humidity.
b) Water used for humidification must be from a safe source.
c) Inspections may be conducted to ensure effective purification.
6. Overcrowding:
a) Workrooms must not be overcrowded to the detriment of workers' health.
b) Minimum space per worker is specified (350 cu ft for older factories, 500 cu ft for newer).
c) Notices with maximum worker numbers can be posted in workrooms.
d) Exemptions may be granted by the Chief Inspector.
7. Lighting:
a) Sufficient and suitable lighting (natural, artificial, or both) must be provided in work areas.
b) Windows and skylights must be kept clean.
c) Measures should be taken to prevent glare and shadows.
d) The government can prescribe lighting standards for different classes of factories.
8. Drinking Water:
a) A sufficient supply of wholesome drinking water must be easily accessible to workers.
b) Drinking points must be marked and not located near washing facilities.
c) Cooling and distribution of drinking water are required for factories with over 250 workers.
d) The government can make rules to enforce these provisions.
9. Latrines and Urinals:
a) Adequate and separated latrines and urinals should be provided.
b) Proper lighting, ventilation, and sanitation measures are required.
c) The government can prescribe the number and other sanitation requirements.
10. Spittoons:
a) A sufficient number of spittoons must be provided and maintained hygienically.
b) Rules may be made regarding the type, number, and location of spittoons.

 Safety provisions in the Factories Act 1965: These sections highlight the importance of
fire safety and machinery safety in factories. Here’s a brief summary:
22. Fire Safety:
a) Factories must have ways to escape if there's a fire.
b) Inspectors can tell the factory manager what safety steps to take.
c) Doors must open easily, and workers need to know how to leave quickly.
d) Factories should have alarms for fires, and workers should practice what to do.
23. Machine Safety:
a) Dangerous machine parts must have fences to keep people safe.
b) Screws and moving parts should be covered to avoid accidents.
c) Special workers can check machines while they're on, but only if they're trained.
24. Working Near Machines:
a) Adults in special clothes can work on machines while they're moving.
b) Women and kids can't work on machines that are running.
c) The government can say which jobs are not allowed on certain machines.
25. Young Workers on Machines:
a) Young workers need training and supervision for certain machines.
b) The government can list which machines are too risky for young workers.
26. Belts and Power Safety:
a) Machines with belts need special safety gear to avoid accidents.
b) Factories using electricity must have safety devices in case of emergencies.
27. Machines on Their Own:
a) Machines that move by themselves must stay away from walls and structures.
b) The main inspector can allow exceptions if it's safe.
28. New Machine Safety:
a) Machines with power need covers to keep workers safe.
b) Selling machines without proper covers is against the rules.
29. Cotton Opener Safety:
a) Women and kids can't work in areas with cotton openers, except in safe conditions.
30. Cranes and Lifting Machines:
a) Machines that lift heavy things must be strong and checked regularly.
b) Special rules apply to these machines, and the government can make more rules.
31. Hoists and Lifts:
a) Machines that lift people must be strong and checked often.
b) They need gates, and the gates should only open when the machine is still.
32. Revolving Machines:
a) Machines that spin need clear signs for safe speeds.
b) People can't make these machines go faster than what's safe.
33. Pressure Machines:
a) Machines with pressure need checks to stay safe.
b) The government can make rules for extra safety.
34. Floor and Access Safety:
Floors, stairs, and paths must be safe and have handrails.
Workers need safe ways to reach their workplaces.
35. Pits and Openings:
a) Holes and openings in floors must be covered or fenced.
b) Some factories may not need to follow these rules if the government says so.
36. Safe Lifting:
a) Workers can't lift things that are too heavy and might hurt them.
b) The government can set the heaviest things workers can lift.
37. Eye Protection:
a) Workers doing jobs that might hurt their eyes need safety glasses.
38. Inspector's Power:
a) An inspector can ask for drawings or tests if something might be dangerous.
39. Building and Machine Safety:
a) Inspectors can order fixes for unsafe buildings or machines.
b) Buildings or machines too risky can't be used until they're fixed.
40. Making Extra Rules:
a) The government can make more rules for safety in factories.
b) Before starting work, a certificate saying everything is safe is needed
41. Fumes Safety:
a) Workers can't enter spaces with dangerous fumes without safety measures.
b) Special rules for using lights and breathing gear in these spaces.
42. Explosive Hazards:
a) Factories making things that might explode need safety measures.
b) Machines need special parts to avoid explosions, and workers need to be careful when fixing them.
 Welfare provisions in the Factories Act 1965: The Factories Act 1965 includes several
provisions to ensure the welfare of workers in factories. Here are some key points:
43. Washing Facilities:
a) Every factory must have suitable washing and bathing facilities for workers.
b) Separate and screened facilities are needed for male and female workers.
c) These facilities should be easily accessible and kept clean.
d) Government can set standards for washing facilities in different types of factories.
44. First-Aid Appliances:
a) First-aid boxes with prescribed contents must be accessible during working hours.
b) Trained personnel must be in charge of these boxes.
c) A notice with the person's name in charge should be in every workroom.
d) Factories with 500 or more workers must have an ambulance room with medical staff.
45. Canteens:
Rules may require factories with over 250 workers to have an adequate canteen.
Standards for construction, furniture, food, and worker representation may be set.
Chief Inspector may have the power to make rules regarding food charges.
46. Shelters and Lunch Rooms:
a) Factories with over 100 workers must provide shelters, rest rooms, and a lunchroom.
b) Canteen can count as part of the requirements.
c) These areas must be well-lit, ventilated, and maintained in a clean condition.
d) Government can set standards for construction and equipment and exempt some factories.
47. Rooms for Children:
a) Factories with over 50 women workers must provide suitable rooms for children.
b) Rooms should be well-lit, ventilated, and maintained in a clean condition.
c) Trained personnel must be in charge.
d) Rules may cover the location, construction, and facilities for children and mothers.
48. Welfare Officers:
a) Factories with 500 or more workers must employ welfare officers as prescribed.
b) Government can set duties, qualifications, and conditions of service for these officers.
49. Rules Supplementing Welfare Measures:
a) Government can exempt certain factories from compliance with welfare provisions.
b) Representatives of workers may be required to be part of the management in welfare arrangements.

 Working hours of adults provisions in the Factories Act 1965: The Factories Act
1965 includes several provisions to regulate the working hours of adult workers in factories. Here are
some key points:
50. Weekly Hours:
a) No adult worker can work for more than 48 hours in a week.
b) The daily limit is 9 hours, but it can be extended to 10 hours with certain conditions.
c) The total hours in a week should not exceed 60, with an average of 56 hours per week in a year.
51. Weekly Holiday:
a) No adult worker should work on Sunday or Friday without a whole day holiday on one of the three days
before or after.
b) Manager must notify the Inspector before requiring work on Sunday or Friday.
c) Compensatory holidays are provided if a worker is deprived of weekly holidays due to exemptions.
53. Daily Hours:
a) Adult workers should not work more than 9 hours in a day.
b) The daily limit can be extended to 10 hours, subject to other provisions.
54. Intervals for Rest or Meal:
a) Workers must be allowed intervals for rest or meals based on the duration of work.
b) Different intervals for rest or meals are specified based on the total hours of work.
55. Spread Over:
a) Adult workers' working hours, including intervals, should not spread over more than 10.5 hours (or 11.5
hours for seasonal factories) in any day, without permission.
56. Night Shift:
For workers whose shifts extend beyond midnight, holidays and hours are calculated differently.
57. Prohibition of Overlapping Shift:
a) Work in a factory should not have overlapping shifts of workers engaged in the same kind of work
simultaneously.
58. Extra Allowance for Overtime:
a) Overtime work (beyond 9 hours a day or 48 hours a week) entitles the worker to an allowance at twice
the ordinary rate of wages.
59. Restriction on Double Employment:
a) No adult worker should be employed in more than one factory on any day without written permission
from the Chief Inspector.
60. Notice of Periods of Work:
a) A notice indicating the periods of work for adults must be displayed in the factory, and a copy sent to
the Inspector for approval.
61. Register of Adult Workers:
a) A register of adult workers must be maintained, showing their names, nature of work, group
classification, and other prescribed details.
62. Hours of Work to Correspond with Notice and Register:
a) Adult workers must work according to the periods specified in the notice under Section 60 and the
entries made in the register under Section 61.
63. Power to Make Rules Exempting from Restrictions:
a) The Government can make rules exempting certain categories of workers or factories from the
restrictions in this chapter, subject to conditions.
64. Power to Make Exemption Order:
a) The Government or Chief Inspector can, by written order, relax or modify the provisions of Section 60
for certain workers or factories due to the nature of work or exceptional pressure.
65. Further Restrictions on the Employment of Women:
a) Specific restrictions and regulations are imposed on the employment of women, including limitations on
working hours and provisions for exemptions in certain cases.

 Leave and holidays with wages provisions in the Factories Act 1965: The Factories
Act 1965 includes several provisions to ensure leave and holidays with wages for workers in factories.
Here are some key points:
77. Application of the Chapter:
a) Existing rights or privileges entitled to a worker under any law, award, agreement, settlement, contract,
custom, or usage, more favorable to the worker, are not affected by this chapter.
78. Annual Leave with Wages:
a) Workers completing one year of continuous service are entitled to leave with wages.
b) Leave is calculated based on the number of days worked in the previous twelve months.
c) Unavailed leave can be carried forward, but limits are specified.
d) Interruptions like holidays, sick leave, and strikes do not break the continuity of service.
e) Limits for earned leave are specified.
79. Festival Holidays:
a) Every worker is entitled to at least ten festival holidays with wages in a year.
b) Days and dates for festivals are fixed by the occupier or manager.
c) Compensatory holidays are provided for working on festival holidays.
80. Casual Leave and Sick Leave:
a) Workers are entitled to ten days of casual leave with full wages and fourteen days of sick leave on half
average wages in a year.
b) Sick leave or casual leave cannot be accumulated for the succeeding year.
81. Wages During Leave or Holiday Periods:
a) Payment for leave or holidays is based on the daily average of full-time earnings, excluding overtime
and bonus.
b) Half-average wages are paid during half-leave periods.
82. Payment in Advance in Certain Cases:
a) Workers allowed leave for at least four days (adult) or five days (child) must be paid wages due before
the leave begins.
83. Power of Inspector to Act for Workers:
a) Inspectors have the authority to initiate proceedings on behalf of workers to recover unpaid sums under
this chapter.
84. Power to Make Rules:
a) The government can make rules to implement the provisions of this chapter.
b) Rules may include the maintenance of registers by managers, specifying particulars and requiring
preservation and examination by inspectors.
85. Power to Exempt Factories:
a) The government, if satisfied that the leave rules applicable to workers in a factory provide benefits not
less favorable than those in this chapter, may exempt a factory from some or all provisions of this
chapter, subject to conditions.

THE INDUSTRIAL RELATIONS ORDINANCE, 1969

1. Collective bargaining agent: This is the trade union of workmen that acts as the agent of the workmen
in an establishment or industry for the purpose of collective bargaining.
2. Establishment: This refers to any place where workmen are employed for the purpose of carrying on
any industry. This includes offices, firms, industrial units, transport vehicles, undertakings, shops, or
premises.
3. Illegal lock-out: This is a lock-out that is declared, commenced, or continued in a manner that is not in
accordance with the provisions of this Ordinance. If the lock-out is not carried out according to the legal
procedures outlined in the ordinance, it is considered “illegal.”
4. Illegal Strike: Similarly, an “illegal strike” refers to a strike that is declared, commenced, or continued
without adhering to the provisions of the relevant ordinance or law. If the workers go on strike without
following the legal procedures, the strike is deemed “illegal.”
5. Industrial dispute: Any dispute or difference between employers and employers, or between
employers and workmen, or between workmen and workmen, which is connected with employment,
non-employment, terms of employment, or conditions of work of any person.
6. Lock-out: The act of closing a place of employment or suspending work by an employer, or refusal by
an employer to continue to employ any number of workmen, usually in connection with an industrial
dispute or to compel workmen to accept certain terms and conditions of employment.
7. Strike:A cessation of work by a group or individuals employed in an establishment. This can involve
acting in combination, a concerted refusal, or a refusal under a common understanding by any number
 of persons who are or have been employed to either continue working or accept employment.
1. Trade Unions and Freedom of Association: Workers and employers can establish and join associations without prior
authorization. They can create their constitutions, elect representatives, and organize their activities. They can also join
federations and affiliate with international organizations.
7A. Disqualifications for being an officer of a member of a trade union:
 A person cannot be an officer of a trade union if they have been convicted of an offence involving moral turpitude or
an offence under clause (d) of sub-section (1) of section 16 or section 61.
 A person can’t be a trade union member or officer if they weren’t employed in the establishment, never worked there,
or were dismissed.
 The above disqualification does not apply to any federation of trade unions.
16. Unfair labour practices on the part of workmen:
 Workers or unions shouldn’t force someone to join or leave a union during work hours.
 They shouldn’t scare or bribe anyone to become or stop being a union member.
 They shouldn’t force an employer to sign an agreement or a worker to pay union fees using threats or intimidation.
 Unions shouldn’t unfairly influence voting.
22A. Collective bargaining agent for institutions with more than one establishment:
 Application: A registered trade union can apply to be the CBA for all establishments of an employer if the employer
has more than one establishment. The application process and conditions are prescribed by the authority.
 Restrictions: Once a CBA is determined for the establishments, any other CBA determined under section 22 for any of
these establishments cannot undertake collective bargaining regarding employment terms and conditions for the
workers.

32. Strike and lock-out:

 If conciliation fails, workers can strike or employers can lock out after a notice period or certificate of failed
conciliation.
 Parties can still apply for Labour Court adjudication before or after a strike/lockout begins.
 The government can stop a strike/lockout lasting over 30 days or causing serious hardship/national harm.
 If stopped, the dispute goes to Labour Court for a decision within 60 days.
 Labour Court awards last up to 2 years.
LABOR COURTS
35. Labour Court:
1. Establishment:

 Government sets up Labour Courts as needed.

 Each court has a specific area it handles.
2. Composition:
 Each court has a Chairman (like a judge) and 2 advisors.
 One advisor represents employers, the other represents workers.
3. Jurisdiction:
 Labour Courts handle all industrial disputes referred to them.
 They also settle disputes about implementing agreements and handle specific offenses.
4. Additional Powers:
 Government can assign Labour Courts duties from other laws like worker compensation.
 A court without a full panel can still function and make decisions.
36. Procedure and powers of Labour Court:
1. Procedures:
 Labour Court follows summary procedure like the Code of Criminal Procedure, 1898.
 For industrial disputes, they act like Civil Courts and use the Code of Civil Procedure.
2. Powers:
 Enforcing attendance and testimony: They can require people to attend and testify under oath.
 Compelling evidence: They can demand documents and objects be presented.
 Issuing commissions: They can appoint others to examine witnesses or documents.
 Delivering ex parte decisions: They can make decisions even if one party doesn't show up.
 Withdrawing cases: They can allow parties to withdraw cases if they resolve the dispute.
3. Trying Offences:
 They have the same powers as a Magistrate Court for trying offenses under the Ordinance.
 For appeals, they act like a Court of Sessions.
2. Court Fees: There are no fees for filing, recording, or obtaining documents from a Labour Court.
37. Award and decisions of Labour Court:
 Delivery: Awards and decisions are made in writing and delivered in open court. Copies are sent to the government.
 Time limit: Decisions must be delivered within 60 days of filing, though delays won't invalidate them.
 Publication: The government publishes all awards in the official gazette within a month.
 Appeals: Awards can be appealed to the Labour Appellate Tribunal within 30 days. Their decision is final.
 Other decisions: All other decisions (except awards and sentences) are final and cannot be challenged in any court.
Implications:
 Labour Court decisions are generally prompt and final.
 Appeals are limited to awards only.
 The government has oversight through publication.
38. Labour Appellate Tribunal:
 Establishment: Government can set up one or more tribunals by notification.
 Composition: Each tribunal has one member appointed from among High Court judges or additional judges.
 Jurisdiction: Tribunals hear appeals from Labour Court awards and can confirm, set aside, modify, or vary them.
 Decision timeline: Appeals must be decided within 60 days, 180 days for reinstatement orders.
 Powers: Tribunals can call for Labour Court records and issue new orders based on their review.
 Contempt: They can punish contempts of their own authority or that of lower Labour Courts.
 Appeals: Convictions or fines exceeding 1,000 Taka can be appealed to the High Court.
Implications:
 Appeals offer another layer of review for dissatisfied parties.
 Reinstatement orders have a faster decision timeline.
 Tribunals have broad powers to review and influence lower court decisions.
 They maintain authority through contempt powers.