CAP. 296 FACTORIES ACT BELIZE
FACTORIES ACT
CHAPTER 296
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
FACTORIES ACT
Amendments in force as at 31st December, 2000. 5
BELIZE
FACTORIES ACT
CHAPTER 296
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
FACTORIES ACT
Amendments in force as at 31st December, 2000. 5
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000
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the Government of Belize.
Factories [CAP. 296
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3
CHAPTER 296
FACTORIES
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
3. Appointment of Chief Factory Inspector.
4. Supervision of factories and machinery.
PART II
Factories Appeal Board
5. Constitution of Factories Appeal Board.
PART III
Registration of Factories
6. Factories to be registered.
7. Register of factories to be kept.
8. Registration of existing factories.
9. New factories; applications for permits to erect.
10. Registration of new factory.
11. Registration to be renewed.
PART IV
Regulations
12. Regulations.
PART V
Miscellaneous
13. Penalty.
14. Returns.
15. Factory ceasing to operate.
16. Certificate to be exhibited.
17. Penalty.
18. Inspection.
19. Penalty for obstruction.
20. Accidents to be reported.
21. Penalty.
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22. Expenses.
CHAPTER 296
FACTORIES
[12th April, 1943]
PART I
Preliminary
1. This Act may be cited as the Factories Act.
2. In this Act, unless the context otherwise requires:-
“Board” means the Factories Appeal Board constituted in accord-
ance with section 5;
“existing factory” means any factory-
(a) which is in operation on the date of the coming into force of this
Act; or
(b) which has been in operation at any time during the period of
nine months immediately preceding the date of the coming into
force of this Act; or
(c) which has been newly erected or completed either during such
period of nine months, or after the date of the coming into force
of this Act, and which commences to operate not later than
three months after such date of coming into force;
Ch. 140,
R. L., 1958.
CAP. 233,
R. E. 1980-1990.
40 of 1963.
Short title.
Interpretation.
“factory” means any premises wherein or within the close or curtilage or pre-
cincts of which, steam, electric, water or other mechanical power is used in
aid of any industrial or manufacturing process carried on therein for gain;
“Inspector” means any person appointed in accordance with section 3;
“machinery” means all machines and parts of machines used in a factory and
includes-
(a) stationary or portable boilers in a factory;
(b) steam or other engines in a factory;
(c) all apparatus or appliances for generating, developing, receiving
or transforming, or for measuring or testing the volume, volt-
age, pressure or frequency of, or for distributing or applying,
any mechanical, electric or natural power to any industrial or
manufacturing process in a factory;
(d) furnaces and fuel or storage tanks situate within, opening into
or attached to the structure of, or directly connected with, any
factory;
(e) locomotives when operated within the curtilage of any fac-
tory;
(f) vats, tanks, cooling or drying devices used for the storage of,
or otherwise in connection with, the product of any mechani-
cal process, and situate within or attached to the premises
within which such process is carried on;
“new factory” means any factory-
(a) which first commences to operate at some time not earlier
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than three months after the date of the coming into force of
this Act; or
(b) which, having previously been in operation, has ceased to
operate at least nine months before the date of the coming
into force of this Act, and which recommences to operate at
any time after the date of such coming into force;
“rules”, “regulations” mean, respectively, rules and regulations made under this
Act;
“woman” means a woman who has attained the age of eighteen years;
“young person” means a person who has attained the age of fourteen years
and has not attained the age of eighteen years.
3.-(1) Governor-General may, from time to time, appoint a Chief Factory
Inspector for the purpose of this Act and from the date of the coming into
operation of this Act and, until the Governor-General otherwise appoints, the
person holding the appointment of Labour Commissioner for the time being,
shall be deemed to be the Chief Factory Inspector.
(2) The Public Services Commission may, from time to time , appoint In-
spectors to assist the Chief Factory Inspector in giving effect to the provisions
of this Act.
4.-(1) The supervision of all factories and of all machinery shall be exercised
by the Chief Factory Inspector and, subject to his directions, by Inspectors
appointed as provided for by this Act.
(2) The Chief Factory Inspector may from time to time delegate the exer-
cise of all or any of his powers and duties under this Act to such Inspectors as
he may think fit.
Appointment
of Chief
Factory
Inspector.
Supervision of
factories and
machinery.
PART II
Factories Appeal Board
5.-(1) The Minister shall appoint a Factories Appeal Board for the purpose
of hearing and determining appeals from the decision of the Chief Factory
Inspector in accordance with the provisions of this Act.
(2) The Board shall consist of not more than five members of whom one
shall be appointed by the Minister to be the Chairman.
(3) Two at least of the members of the Board, hereinafter referred to as
“unofficial members,” shall be persons who are not directly or indirectly em-
ployed in the public service of Belize.
(4) The Minister may fill any vacancy on the Board caused by the death,
resignation, illness, absence from Belize or inability to act of any member thereof,
and may at any time revoke the appointment of any member of the Board:
Provided that any vacancy on the Board caused by death, resignation,
illness, absence from Belize, inability to act or revocation of the appointment
of any unofficial member shall be filled within thirty days of the occurrence
thereof by the appointment of another unofficial member.
(5) Notwithstanding any temporary vacancy or vacancies, the Board shall
be deemed to be fully constituted for the purposes of this Act.
(6) Three members shall form a quorum for the transaction of business,
and may do anything required to be done by the Board:
Provided that the Board shall not determine any appeal in accordance with
the provisions of this Act, unless at least one unofficial member of the Board is
present at the determination of such appeal.
Constitution of
Factories Appeal
Board.
40 of 1963.
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(7) The Board may, from time to time with the approval of the Minister,
make rules for the transaction of its business, and in particular for determining
the procedure to be followed upon the hearing of any appeal by the Board and
the times at which, and the manner in which, any such appeal shall be heard and
determined.
PART III
Registration of Factories
6. Every existing factory and every new factory shall be registered as pro-
vided for by this Act.
7. From and after the date of the coming into operation of this Act, the
Chief Factory Inspector shall keep a register of factories, and shall cause to be
entered therein from time to time, in respect to every factory registered in ac-
cordance with the provisions of this Act, the particulars specified in this Part.
8.-(1) Not later than fourteen days after the date of the coming into operation
of this Act, every person who is the owner, manager or person having the-
control of any existing factory, shall apply to the Chief Factory Inspector to
have such factory registered as an existing factory:
Provided that in the case of any existing factory the erection of which is not
completed at the date of the coming into force of this Act, the Chief Factory
Inspector may extend the time for application for such further period not ex-
ceeding ten weeks, as he may think fit.
(2) Every application under subsection (1) shall be made in writing, and
shall set out the following particulars:-
(a) the name of the owner of the factory to which the application
relates;
Factories to
be registered.
Register of
factories to be
kept.
Registration of
existing
factories.
(b) the address and location of the factory;
(c) the nature and the objects of the process of manufacture car-
ried on at the factory;
(d) the nature of the mechanical power used in the factory for the
purpose of carrying on such process; and
(e) the number of employees employed in the factory at the date
of the application or, if such number is not the number nor-
mally employed when the factory is engaged in the industrial
or manufacturing process carried on therein, the number of
employees normally employed when the factory is so engaged.
(3) Upon receipt of an application under this section, the Chief
Factory Inspector shall cause the factory to which the application relates to be
inspected.
(4) If the Chief Factory Inspector, after inspection, considers either-
(a) that any part of the ways, works, machinery or plant used in a
factory is in such a condition, or is so constructed or so placed,
that it cannot be used without imminent risk of bodily injury to
any person; or
(b) that any process or work is carried on, or that anything is or
has been done in any factory, in such a manner as to cause
imminent risk of bodily injury to any person,
he may refuse registration until such steps have been taken as are, in his opin-
ion, necessary to remove the danger complained of.
(5) If after inspection the Chief Factory Inspector is satisfied that no
grounds exist for refusing registration, he shall, upon payment of the prescribed
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fees, cause the factory to be registered and a certificate of registration in the
prescribed form to be issued to the owner, manager or person having the con-
trol of the factory.
(6) Any person who is aggrieved by the refusal of the Chief Factory In-
spector to grant a certificate of registration in accordance with the provisions of
this section, may, within twenty-one days of such refusal, appeal to the Board
as provided for by any rules.
(7) On the hearing of any such appeal, the Board shall, unless it is satisfied
that the factory does not comply with the requirements of the Chief Factory
Inspector, direct the Chief Factory Inspector to register the factory, and the
Chief Factory Inspector shall register the factory.
(8) The Board may make such order for the payment of the costs of the
appeal as it may in its discretion think fit.
9.-(1) From and after the coming into operation of this Act, every person who
intends to erect or to cause to be erected a new factory, or any new building
appurtenant to a factory, shall, before commencing the erection thereof, apply
in writing to the Chief Factory Inspector for a permit to erect such new factory
or building, and shall with such application furnish to the Chief Factory Inspec-
tor-
(a) drawings showing the elevation, sections and plans of each floor
of the factory or building, drawn to such scale as the Chief
Factory Inspector may from time to time require, and showing
further the position, form, materials and dimensions of the sev-
eral parts of the factory or building and of every dwelling house,
closet or latrine, store or other place intended to be used in
connection with the factory or building, and the position, form,
arrangement and dimensions of any machinery intended to be
placed therein; and
New factories;
applications for
permits to erect.
(b) a block plan, drawn to such scale as the Chief Factory Inspec-
tor may require, showing the position of all buildings and ap-
purtenances which it is proposed to erect within the curtilage
of the factory, or which are already in existence, or which are
intended to be used or occupied in connection with the fac-
tory; and
(c) such other information in writing as the Chief Factory Inspec-
tor in any case may require.
(2) Within thirty days of the receipt of any application for a permit under
subsection (1), the Chief Factory Inspector shall notify the applicant in writing
either that the application has been granted, subject to payment of the pre-
scribed fees, or that it will not be granted until the applicant has fulfilled the
specified requirements of the Chief Factory Inspector as to the design and
dimensions of the proposed factory or building, and the materials and safety
devices to be used in the construction thereof:
Provided that the Chief Factory Inspector in any case may refuse uncondi-
tionally to grant such permit upon specifying the grounds of refusal.
(3) In any case where the Chief Factory Inspector fails within thirty days
of the receipt of any application for a permit either to grant or to refuse such
permit, whether conditionally or unconditionally, he shall be deemed to have
granted the permit unconditionally.
(4) Any person who is aggrieved by the refusal of the Chief Factory In-
spector to grant a permit, or by any condition attached by him to the grant of
a permit, in accordance with the provisions of subsection (2), may within thirty
days of the notice of refusal under this section, notify the Chairman of the
Board in writing of his intention to appeal to the Board, and of the grounds of
such appeal.
(5) On receipt of any notice of appeal as provided for by subsection (4),
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the Chairman shall appoint a day and place for the hearing of the appeal, and
shall notify the members of the Board, the party aggrieved and the Chief Fac-
tory Inspector of the day and place so appointed.
(6) On the hearing of the appeal, the Board may either grant the permit,
whether unconditionally or upon conditions, or may refuse to grant the permit,
and the Board may make such order for the payment of the costs of the appeal
as it may in its discretion deem fit.
(7) Any person who erects or who causes to be erected any new factory
without having first obtained a permit from the Chief Factory Inspector, or from
the Board, in accordance with the provisions of subsection (2) or subsection
(6) commits an offence, and is on summary conviction liable to a fine not ex-
ceeding five hundred dollars, or to imprisonment for a term not exceeding six
months.
10.-(1) On the completion of any new factory, the person in whose name a
permit to erect such factory was granted in accordance with section 9, shall
notify the Chief Factory Inspector of the completion.
(2) Within seven days of the receipt of any notification under subsection
(1), the Chief Factory Inspector shall cause the factory to be inspected and-
(a) if he is satisfied that the factory has been erected in accordance
with the terms of the permit, he shall cause the factory to be
registered, and shall issue a certificate of registration to the
owner, manager or other person having the control of the fac-
tory; or
(b) if he is not so satisfied, he shall refuse to register such factory
until such additions or alterations have been made as, in his
opinion, are necessary to cause the factory to be erected in
compliance with the terms of any permit which has been granted
in accordance with section 9.
Registration of
new factory.
(3) Any person who is aggrieved by the refusal of the Chief Factory
Inspector to grant a certificate of registration in accordance with subsection
(2), may, within twenty-one days of such refusal, appeal to the Board as pro-
vided for by any rules.
(4) On the hearing of any such appeal, the Board shall, unless it is satis-
fied that the factory has not been erected in compliance with the terms of the
permit, direct the Chief Factory Inspector to register the factory, and the Chief
Factory Inspector shall register the factory, and the Board may make such
order for the payment of the costs of the appeal as it may in its discretion think
fit.
11.-(1) Every certificate of registration issued under this Act in respect of a
factory shall remain valid for a period of twelve months from the date of issue
and shall then expire, and application shall be made to the Chief Factory In-
spector for a renewal of registration for a further period of twelve months, in
accordance with the provisions of this Part relating to an original application
for registration.
(2) The Chief Factory Inspector may in any case refuse to renew a reg-
istration certificate, but every such refusal shall be subject to an appeal to the
Board in like manner as in the case of a refusal of original registration.
PART IV
Regulations
12.-(1) The Minister may from time to time make regulations generally for
giving effect to the purposes of this Act, and for the purpose of ensuring the
health or safety of persons who are employed in any factory or in connection
with machinery, and in particular, and without prejudice to the generality of the
foregoing provisions, any such regulations may provide for-
Registration to
be renewed.
Regulations.
40 of 1963.
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(a) the safe means of approach or access to, and exit from, any
factory or machinery;
(b) the fencing and covering of all dangerous places or machines;
(c) life saving and first aid appliances;
(d) securing safety in connection with all operations carried on in a
factory;
(e) securing safety in connection with the use of cranes, winches,
pulley-blocks and of all engines, machinery, mechanical gear
and contrivances generally whatever;
(f) the periodic inspection, testing and classification, according to
age, type or condition, of boilers, and for the issue and display
of certificates in connection therewith, and for the regulating of
the type of safety valves to be fixed to any boiler and the maxi-
mum pressure at which boilers of any age, type, class or condi-
tion may be operated;
(g) the duties and responsibilities assignable to any person gener-
ally, and in particular to employers, owners and managers in
charge of factories, in connection with any one or more of such
regulations;
(h) the proper ventilation of any factory, having regard to the na-
ture of the process carried on therein;
(i) the sanitation, including the provision of lavatory accommoda-
tion, having, regard to the number of workers employed, at
any factory;
(j) the number of hours a week to be worked, the period of em-
ployment in any one day and the intervals for rest and meals
for every woman and young person employed in a factory
and the requirement of a certificate of fitness for every such
woman and young person;
(k) the fees to be paid for the registration and renewal of regis-
tration of any factory or of any class of factory, and for the
inspection and examination of any factory or class of factory
and any machinery therein:
Provided that in no case shall the fee for registration or re-
registration, including inspection and examination, exceed one hun-
dred dollars;
(l) the forms and certificates to be used under the provisions of
this Act.
(2) All regulations made under this section shall not have any force or
effect until they have been approved by the National Assembly and when so
approved by resolution shall be published in the Gazette and as from the date
of such publication shall have the same force and effect as if they were con-
tained in and formed part of this Act.
PART V
Miscellaneous
13. Any person who causes or permits any factory, other than a factory
duly registered under a valid certificate of registration in pursuance of this Act,
to be operated at any time subsequent to the coming into force of this Act
commits an offence, and is on summary conviction liable to a fine not exceed-
ing two hundred and fifty dollars and to a further fine not exceeding fifty dollars
for every day upon which the offence continues after conviction:
Penalty.
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Provided that, except in cases where the Chief Factory Inspector other-
wise directs, nothing in this section shall be construed as requiring a factory
which is in operation to cease to operate during the period when an application
for the registration thereof is under consideration.
14.-(1) The owner, manager or other person having control of any factory
registered in accordance with the provisions of this Act shall make an annual
return on such date and in such form as may be specified by the Chief Factory
Inspector, and in such return shall set forth any alterations in, or additions to,
the premises of the factory or the processes carried on therein, or any changes
in the identity of the persons owning or having the management or control thereof,
since the last registration of such factory or the making of the last preceding
annual return in respect thereof.
(2) Within fourteen days of the receipt of any return pursuant to the provi-
sions of subsection (1), the Chief Factory Inspector shall cause any necessary
amendments to be made to the register and to the certificate of registration of
the factory in respect of which such return is made.
15. The Chief Factory Inspector at any time on being satisfied that any
factory registered under this Act has ceased to be operated as a factory, may
cancel the registration of the factory.
16. The owner, manager or other person having control of any factory reg-
istered in accordance with the provisions of this Act shall cause the last issued
certificate of registration pursuant to section 8 or 10 or 14 to be at all times
exhibited in a conspicuous place in the factory in respect of which such certifi-
cate is issued.
17. Every person who contravenes or who fails to comply with the provi-
sions of section 14, 16 or 20, commits an offence, and is on summary convic-
tion liable to a fine not exceeding two hundred and fifty dollars, and to a further
fine of twenty dollars for every day upon which the offence continues after
conviction.
Returns.
Factory
ceasing to
operate.
Certificate to
be exhibited.
Penalty.
18. It shall be lawful for the Chief Factory Inspector and any Inspector by
him appointed for the purposes of this Act to enter upon the premises of any
factory, and to inspect the factory and any machinery therein at any reason-
able time.
19. Any person who obstructs or impedes the Chief Factory Inspector,
or an Inspector, in the execution of any of his duties under this Act commits an
offence, and is on summary conviction liable to a fine not exceeding five hun-
dred dollars and in default of payment to imprisonment for a term not exceed-
ing six months.
20. Where any fire or accident occurs in any factory which results in the
death of, or bodily injury to, any person, or whereby any person is prevented
from returning to work for at least forty-eight hours next after the occurrence
of such accident, the manager of the factory or person having control of the
machinery in the factory shall forthwith report the occurrence of such fire or
accident to the Chief Factory Inspector, and in connection therewith shall fur-
nish such particulars as the Chief Factory Inspector in any case from time to
time may require.
21. Any person who contravenes or fails to comply with any of the provi-
sions of this Act, or of any regulations, for which no penalty is expressly pro-
vided by this Act commits an offence, and is on summary conviction liable to
a fine not exceeding two hundred and fifty dollars, and in default of payment to
imprisonment for a term not exceeding three months, and for a continuing
offence shall be liable to a further fine not exceeding twenty-five dollars for
every day during which the offence continues after conviction.
22. All expenses necessary for giving effect to the purposes and provi-
sions of this Act shall be paid out of the Consolidated Revenue Fund.
______________
Penalty for
obstruction.
Accidents to be
reported.
Penalty.
Expenses.
Inspection.