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Factories Act


Published: 2000

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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

Printed by the Government Printer,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Factories [CAP. 296

[ ]

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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Factories [CAP. 296

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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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Factories [CAP. 296

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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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Factories [CAP. 296

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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.