BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT 1966
THE BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT, 1966
ACT No. 32 OF 1966
An Act to provide for the welfare of the workers in beedi andcigar establishments and to regulate the conditions of their work and formatters connected therewith.
BE it enacted by Parliament inthe Seventeenth year of the Republicof India as follows:—
1.Short title, extent andcommencement: (1) ThisAct may be called the Beedi and Cigar Workers (Conditions of Employment) Act,1966.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force ina State on such date as the State Government may, by notification in theOfficial Gazette, appoint and different dates may be appointed by the StateGovernment for different areas and for different provisions of this Act.
2.Definitions: In this Act, unless thecontext otherwise requires, –
(a) "adult" means aperson who has completed eighteen years of age;
(b) "child" means aperson who has not completed fourteen years of age;
(c) "competentauthority" means any authority authorised by the State Government bynotification in the Official Gazette to perform all or any of the functions ofthe competent authority under this Act and for such areas as may be specifiedtherein;
(d) "contractor"means a person who, in relation to a manufacturing process, undertakes toproduce a given result by executing the work through contract labour or whoengages labour for any manufacturing process in a private dwelling house andincludes a sub–contractor, agent munshi, thekedar or sattedar;
(e) "contract labour"means any persons engaged or employed in any premises by or through acontractor, with or without the knowledge of the employer, in any manufacturingprocess;
(f) "employee" meansa person employed directly or through any agency, whether for wages or not, inany establishment 1 [orgodown] to do any work, skilled, unskilled, manual or clerical, and includes –
(i) any labour who is given rawmaterials by an employer or a contractor for being made into beedi or cigar orboth at home (hereinafter referred to in this Act as "home worker"),and
(ii) any person not employed byan employer or a contractor 2 [orboth] but working with the permission of, or under agreement with, the employeror contractor;
(g) "employer" means,–
(a) in relation to contractlabour, the principal employer, and
(b) in relation to otherlabour, the person who has the ultimate control over the affairs of anyestablishment or who has, by reason of his advancing money, supplying goods orotherwise, a substantial interest in the control of the affairs of anyestablishment, and includes any other person to whom the affairs of theestablishment are entrusted, whether such other person is called the managingagent, manager, superintendent or by any other name;
(h) "establishment"means any place or premises including the precincts thereof in which or in anypart of which any manufacturing process connected with the making of beedi orcigar or both is being, or is ordinarily, carried on and includes an industrialpremises;
3 [(hh) "godown" meansany warehouse or other place, by whatever name called, used for the storage of –
(i) anyarticle or substance required for any manufacturing process; or
(ii) beedi or cigar or both;]
(i) "industrialpremises" means any place or premises (not being a private dwellinghouse), including the precincts thereof, in which or in any part of which anyindustry or manufacturing process connected with the making of beedi or cigaror both is being, or is ordinarily, carried on with or without the aid of power4 [and includes a godown attached thereto];
(j) "Inspector" meansan Inspector appointed under sub–section (1) of section 6;
(k) "manufacturingprocess" means any process for, or incidental to, making finishing orpacking or otherwise treating any article or substance with a view to its use,sale, transport, delivery or disposal as beedi or cigar or both;
(l) "prescribed"means prescribed by rules made by the State Government under this Act;
(m) "principalemployer" means a person for whom or on whose behalf any contract labouris engaged or employed in an establishment;
(n) "private dwellinghouse" means a house in which persons engaged in the manufacture of beedior cigar or both reside;
(o) "StateGovernment", in relation to a Union territory, means the Administratorthereof;
(p) "week" means aperiod of seven days beginning at midnight on Saturday;
(q) "young person"means a person who has completed fourteen years of age but has not completedeighteen years of age.
1. Inserted by the Beedi andCigar Workers (Conditions of Employment) Amendment Act, 1993 (41 of 1993),Section 2 (a) (i).
2. Inserted by the Beedi andCigar Workers (Conditions of Employment) Amendment Act, 1993 (41 of 1993),Section 2 (a) (ii).
3. Inserted by the Beedi andCigar Workers (Conditions of Employment) Amendment Act, 1993 (41 of 1993),Section 2 (b).
4. Inserted by the Beedi andCigar Workers (Conditions of Employment) Amendment Act, 1993 (41 of 1993),Section 2 (c).
3.Industrial premises to belicensed: Save as otherwise provided inthis Act, no employer shall use or allow to be used any place or premises as anindustrial premises unless he holds a valid licence issued under this Act andno such premises shall be used except in accordance with the terms andconditions of such licence.
4.Licences: (1) Any person who intends touse or allow to be used any place or premises as industrial premises shall makean application in writing to the competent authority, in such form and onpayment of such fees as may be prescribed, for a licence to use, or allow to beused, such premises as an industrial premises.
(2) The application shallspecify the maximum number of employees proposed to be employed at any time ofthe day in the place or premises and shall be accompanied by a plan of theplace or premises prepared in such manner as may be prescribed.
(3) The competent authorityshall, in deciding whether to grant or refuse a licence, have regard to thefollowing matters: –
(a) the suitability of theplace or premises which is proposed to be used for the manufacture of beedi orcigar or both;
(b) the previous experience ofthe applicant;
(c) the financial resources ofthe applicant including his financial capacity to meet the demands arising outof the provisions of the laws for the time being in force relating to welfareof labour;
(d) whether the application ismade bona fide on behalf of the applicant himself or in benami of any otherperson;
(e) welfare of the labour inthe locality, the interest of the public generally and such other matters asmay be prescribed.
(4) (a) A licence granted under thissection shall not be valid beyond the financial year in which it is granted butmay be renewed from financial year to financial year.
(b) An application for therenewal of a licence granted under this Act shall be made at least thirty daysbefore the expiry of the period thereof, on payment of such fees as may be prescribed,and where such an application has been made, the licence shall be deemed tocontinue, notwithstanding the expiry of the period thereof, until the renewalof the licence, or, as the case may be, the rejection of the application forthe renewal thereof.
(c) The competent authorityshall, in deciding whether to renew a licence or to refuse a renewal thereof,have regard to the matters specified in sub–section (3).
(5) The competent authorityshall not grant or renew a licence unless it is satisfied that the provisionsof this Act and the rules made thereunder have been substantially compliedwith.
(6) The competent authoritymay, after giving the holder of a licence an opportunity of being heard, cancelor suspend any licence granted or renewed under this Act if it appears to itthat such licence has been obtained by misrepresentation of fraud or that thelicensee has contravened or failed to comply with any of the provisions of thisAct or the rules made thereunder or any of the terms or conditions of thelicence.
(7) The State Government mayissue in writing to a competent authority such directions of a generalcharacter as that Government may consider necessary in respect of any matterrelating to the grant or renewal of licences under this section.
(8) Subject to the foregoingprovisions of this section, the competent authority may grant or renew licencesunder this Act on such terms and conditions as it may determine and where thecompetent authority refuses to grant or renew any licence, it shall do so by anorder communicated to the applicant, giving the reasons in writing for suchrefusal.
5.Appeals: Any person aggrieved by thedecision of the competent authority refusing to grant or renew a licence orcancelling or suspending a licence may, within such time and on payment of suchfees, not exceeding twenty rupees, as may be prescribed, appeal to suchauthority as the State Government may, by notification in the Official Gazette,specify in this behalf, and such authority may by order confirm, modify orreverse any order refusing to grant or renew a licence or cancelling orsuspending a licence.
6.Inspectors: (1) The State Government may,by notification in the Official Gazette, appoint such of its officers or suchofficers of any local authority as it thinks fit to the Inspectors for thepurposes of this Act and may assign to them such local limits as it may thinkfit.
(2) The State Government may,by notification in the Official Gazette, appoint any person to be a ChiefInspector who shall exercise the powers of an Inspector throughout the State.
(3) Every Chief Inspector andInspector shall be deemed to be a public servant within the meaning of section21 of the Indian Penal Code (45 of 1860.).
7.Powers of Inspectors: (1) Subject to any rules madeby the Government in this behalf, an Inspector may, within the local limits forwhich he is appointed, –
(a) make such examination andhold such inquiry as may be necessary for ascertaining whether the provisionsof this Act have been or are being complied with in any place or premises:
Provided that no person shallbe compelled under this section to answer any question or to give any evidencewhich may tend to incriminate himself;
(b) require the production ofany prescribed register and any other document relating to the manufacture ofbeedi or cigar or both;
(c) enter, with such assistantsas he thinks fit, at all times, any place or premises including the residencesof employees if he has reasonable grounds for suspecting that any manufacturingprocess is being carried on or is ordinarily carried on in any such place orpremises;
(d) exercise such other powersas may be prescribed.
(2) If an Inspector hasreasonable grounds for suspecting that any manufacturing process is beingcarried on in any establishment in contravention of the provisions of this Act,he may, after giving due notice to the employer or, in the absence of theemployer, to the occupier, either such establishment with such assistants, ifany, as he may think fit.
(3) Every employer or occupiershall accord to the Chief Inspector or the Inspector, as the case may be, allreasonable facilities in the discharge of his duties under this Act.
1 [7A.Inspector not to disclose the source of any complaint,etc: (1) No Inspector shall disclose the source of any complaint made tohim regarding the contravention of any of the provisions of this Act, Inspectornot to disclose the source of any complaint etc.
(2) No Inspector shall, whilemaking an inspection under this Act in pursuance of a complaint received byhim, disclose to the employer or contractor concerned or any of hisrepresentatives that the inspection is being made in pursuance of a complaint.
Provided that noting in thissection shall apply to any case in which the person who has made the complainthas consented to disclose his name.]
1. Inserted by the Beedi andCigar Workers (Conditions of Employment) Amendment Act, 1993 (41 of 1993),Section 3.
8.Cleanliness: Every industrial premisesshall be kept clean and free from effluvia arising from any drain, privy orother nuisance and shall also maintain such standard of cleanliness includingwhite washing colour washing, varnishing or painting, as may be prescribed.
9.Ventilation: (1) For the purpose ofpreventing injury to the health of the persons working therein, every industrypremises shall maintain such standards of lighting, ventilation andtemperature, as may be prescribed.
(2) Wherever dust or fume orother impurity of such a nature and to such an extent as is likely to beinjurious or offensive to the persons employed in any industrial premises isgiven off by reason of the manufacturing process carried on in such premises,the competent authority may require the employer to take such effectivemeasures as may prevent the inhalation of such dust, fume or other impurity andaccumulation thereof in any work room.
10.Overcrowding: (1) No room in any industrialpremises shall be overcrowded to an extent injurious to the health of thepersons employed therein.
(2) Without prejudice to thegenerality of sub–section (1), there shall be in any work room of suchpremises at least four and a quarter cubic metres of space for every personemployed therein, and for the purposes of this sub–section, no accountshall be taken of any space which is more than three metres above the level ofthe floor of the work room.
11.Drinking water: (1) The employer shall make inevery industry premises effective arrangements to provide and maintain atsuitable points conveniently situated for all persons employed therein, asufficient supply of wholesome drinking water.
(2) All such points shall belegibly marked "drinking water" in a language understood by themajority of the persons employed in the industrial premises and no such pointshall be situated within six metres of any washing place, urinal or latrineexcept with the prior approval in writing of the competent authority.
12.Latrines and urinals: (1) In every industrialpremises, sufficient latrine and urinal accommodation of such types as may beprescribed shall be provided and shall be so conveniently situated as may beaccessible to the employees at all times while they are in the industrialpremises:
Provided that it shall not benecessary to provide separate urinals in industrial premises where less thanfifty persons are employed or where the latrines are connected to a water–bornesewage system.
(2) The State Government mayspecify the number of latrines and urinals which shall be provided in anyindustrial premises in proportion to any number of male and female employeesordinarily employed therein, and may provide for such further matters inrespect of sanitation in the industrial premises including obligation of theemployees in this regard as it may consider necessary in the interest of thehealth of the person employed therein.
13.Washing facilities: In every industrial premises,where blending or sieving or both of tobacco or warming of beedi in hot ovensis carried on, the employer shall provide such washing facilities for the useof the employees, as may be prescribed.
14.Creches: (1) In every industrialpremises wherein more than 1 [thirty]female employees are ordinarily employed, there shall be provided andmaintained a suitable room or rooms for the use of children under the age ofsix years of such female employees.
(2) Such rooms shall –
(a) provide adequateaccommodation;
(b) be adequately lighted andventilated;
(c) be maintained in a cleanand sanitary condition;
(d) be under the charge ofwomen trained in the care of children and infants.
(3) The State Government maymake rules, –
(a) prescribing the locationand the standards in respect of construction, accommodation, furniture andother equipment of rooms to be provided under this section;
(b) requiring the provision inany industrial premises to which this section applies, of additional facilitiesfor the care of children belonging to female employees, including suitableprovision of facilities for washing and changing their clothing;
(c) requiring the provision inany industrial premises of free milk or refreshment or both for such children;
(d) requiring that facilitiesshall be given in any industrial premises for the mothers of such children tofeed them at necessary intervals.
1. Substituted for the word"fifty" by the Beedi and Cigar Workers (Conditions of Employment)Amendment Act, 1993 (41 of 1993), Section 4.
2. Inserted by the Beedi andCigar Workers (Conditions of Employment) Amendment Act, 1993 (41 of 1993),Section 5.
15.First aid: Every industrial premisesshall provide such first aid facilities as may be prescribed.
16.Canteens: The State Government may, byrules, require the employer to provide and maintain in every industrialpremises wherein not less than two hundred and fifty employees are ordinarilyemployed, a canteen for the use of the employees.
17.Working hours: No employee shall be requiredor allowed to work in any industrial premises for more than nine hours in anyday or for more than forty–eight hours in any week:
Provided that any auditemployee may be allowed to work in such industrial premises for any period inexcess of the limit fixed under this section subject to the payment of overtimewages if the period of work, including overtime work, does not exceed ten hoursin any day and in the aggregate fifty–four hours in any week.
18.Wages fee overtime work: (1) Where any employee employedin any industrial premises is required to work overtime, he shall be entitledin respect of such overtime work, to wages at the rate of twice his ordinaryrate of wages.
(2) Where the employees in anindustrial premises are paid on a piece–rate basis, the overtime rateshall be calculated, for the purposes of this section, at the time rates whichshall be as nearly as possible equivalent to the daily average of their fulltime earning for the days on which they had actually worked during the weekimmediately proceeding the week in which the overtime work has been done.
1 [Explanation: Where an employee had not worked on any dayof the week immediately preceding the week in which the overtime work has beendone any week preceding such week in which he had actually worked shall betaken into account in calculating the overtime rate fro the purpose of this sub–section.]
(3) For the purposes of thissection, "ordinary rates of wages" means the basic wages plus suchallowance, including the cash equivalent of the advantage accruing through theconcessional sale to the employees of foodgrains and other articles as theemployee is for the time being entitled to but does not include bonus.
(4) The cash equivalent of theadvantage accruing through the concessional sale to an employee of foodgrainsand other articles shall be computed as often as may be prescribed on the basisof the maximum quantity of foodgrains and other articles admissible to astandard family.
Explanation 1: "Standardfamily" means a family consisting of the employee, his or her spouse andtwo children requiring in all three adult consumption units.
Explanation II: "Auditconsumption units" means the consumption unit of a male above the age offourteen years; and the consumption unit of a female above the age of fourteenyears and that of a child shall be calculated at the rate of eight–tenthsand six–tenths, respectively, of one adult consumption unit.
1. Inserted by the Beedi andCigar Workers (Conditions of Employment) Amendment Act, 1993 (41 of 1993),Section 5.
19.Interval for rest: The periods of work foremployees in an industrial premises each day shall be so fixed that no periodshall exceed five hours and that no employee shall work for more than fivehours before he has had an interval for rest of at least half an hour.
20.Spread over: The periods of work of anemployee in an industrial premises shall be so arranged that inclusive of hisintervals for rest under section 19, they shall not spread over more than tenand a half hours in any day:
Provided that the ChiefInspector may, for reasons to be specified in writing increase the spread overto twelve hours.
21.Weekly holidays: (1) Every industrial premisesshall remain entirely closed, except for wetting of beedi or tobacco leaves, onone day in the week which day shall be specified by the employer in a noticeexhibited in a conspicuous place in the industrial premises and the day sospecified shall not be altered by the employer more often than once in threemonths and except with the previous written permission of the Chief Inspector.
1 [Provided that a copy of every such notices shall be sent to theInspector having jurisdiction over the industrial premises within tow week fromthe date on which such notice is exhibited in the industrial premises.]
(2) Notwithstanding anythingcontained in sub–section (1), an employee employed in the said premisesfor wetting of beedi or tobacco leaves on the day on which it remains closed inpursuance of sub–section (1), shall be allowed a substituted holiday onone of the three days immediately before or after the said day.
(3) For a holiday under thissection, an employee shall be paid, notwithstanding any contract to thecontrary, at the rate equal to the daily average of his total full timeearnings for the days on which he had worked during the week immediatelypreceding the holiday exclusive of any overtime earnings and bonus butinclusive of dearness and other allowances.
Explanation: Theexpression "total full time earnings" shall have the meaning assignedto it in section 27.
1. Inserted by the Beedi andCigar Workers (Conditions of Employment) Amendment Act, 1993 (41 of 1993),Section 6.
22.Notice of periods of work: (1) There shall be displayedand correctly maintained in every industrial premises a notice of periods ofwork in such form and in such manner as may be prescribed, showing clearly forevery day the periods during which the employees may be required to work.
(2) (a) A copy of the notice referred toin sub–section (1) shall be sent in triplicate to the Inspector havingjurisdiction over the industrial premises within two weeks from the date of thegrant of a licence for the first time under this Act, in the case of anyindustrial premises carrying on work at the commencement of this Act, and inthe case of any industrial premises beginning work after such commencement,before the day on which the work is begun in the industrial premises.
(b) Any proposed change in thesystem of work which will necessitate a change in the notice referred to in sub–section(1) shall be notified to the Inspector in triplicate before the change is madeand except with the previous sanction of the Inspector, no such change shall bemade until one week has elapsed since the last change.
23.Hours of work to correspondwith notice under section 22: No employee shall be employed in any industrial premisesotherwise than in accordance with the notice of work displayed in the premisesunder section 22.
24.Prohibition of employment ofchildren.: No child shall be required orallowed to work in any industrial premises.
25.Prohibition of employment ofwomen or young persons during certain hours: No woman or young person shall be required orallowed to work in any industrial premises except between 6 A.M. and 7P.M.
26.Annual leave with wages: (1) Every employee in anestablishment shall be allowed in a calendar year leave with wages—
(i) in the case of an adult, atthe rate of one day for every twenty days of work performed by him during theprevious calendar year;
(ii) in the case of a young personat the rate of one day for every fifteen days of work performed by him duringthe previous calendar year.
Explanation: The leaveadmissible under this sub–section shall be exclusive of all holidayswhether occurring during, or at the beginning or at the end of, the period ofleave.
(2) If an employee isdischarged or dismissed from service or quits employment during the course ofthe year, he shall be entitled to leave with wages at the rate laid down in sub–section(1).
(3) In calculating leave underthis section, any fraction of leave of half a day or more shall be treated asone full day’s leave and any fraction of less than half a day shall be omitted.
(4) If any employee does not,in any calendar year, take the whole of the leave allowed to him under sub–section(1), the leave not taken by him shall be added to the leave to be allowed tohim in the succeeding calendar year;
Provided that the total numberof days of leave that may be carried forward to a succeeding year shall notexceed thirty in the case of an adult or forty in the case of a young person.
(5) An application of anemployee for the whole or any portion of the leave allowed under sub–section(1) shall be in writing and ordinarily shall have to be made sufficiently inadvance of the day on which he wishes the leave to begin.
(6) If the employment of anemployee who is entitled to leave under sub–section (1) is terminated bythe employer before he has taken the entire leave to which he is entitled, orif having applied for leave, he has not been granted such leave, or if theemployee quits his employment before he has taken the leave, the employer shallpay him the amount payable under section 27 in respect of leave not taken andsuch payment shall be made, where the employment of the employee is terminatedby the employer, before the expiry of the second working day after suchtermination and where the employee quits his employment, on or before the nextpay day.
(7) The leave not availed of byan employee shall not be taken into consideration in computing the period ofany notice required to be given before discharge or dismissal.
27.Wages during leave period: (1) For the leave allowed tohim under section 26, an employee shall be paid at the rate equal to the dailyaverage of his total full time earnings for the days on which he had workedduring the month immediately preceding his leave exclusive of any overtimeearnings and bonus but inclusive of dearness and other allowances.
Explanation I: In thissub–section, the expression "total full time earnings"includes the cash equivalent of the advantage accruing through the concessionalsale to employees of foodgrains and other articles, as the employee is for thetime being entitled to, but does not include bonus.
Explanation II: For thepurpose of determining the wages payable to a home worker during leave periodor for the purpose of payment of maternity benefit to a woman home worker,"day" shall mean any period during which such home worker wasemployed, during a period of twenty–four hours commencing at midnight,for making beedi or cigar or both.
(2) An employee who has beenallowed leave for not less than four days in the case of an adult and five daysin the case of a young person, shall before his leave begins, be paid wages duefor the period of the leave allowed.
28.Application of the Paymentof Wages Act, 1936 to industrial premises: (1) Notwithstanding anything contained in thePayment of Wages Act, 1936 (hereinafter referred to in this section as the saidAct), the State Government may, by notification in the Official Gazette, directthat all or any of the provisions of the said Act or the rules made thereundershall apply to all or any class of employees in establishment or class ofestablishments to which this Act applies and on such application of theprovisions of the said Act, in Inspector appointed under this Act shall bedeemed to be the Inspector for the purposes of the enforcement of suchprovisions of the said Act within the local limits of his jurisdiction.
(2) The State Government may,by a like notification, cancel or vary any notification issued under sub–section(1).
29.Special provisions: (1) The State Government maypermit the wetting or cutting of beedi or tobacco leaves by employees outsidethe industrial premises on an application made to it by the employer on behalfof such employees.
(2) The employer shall maintainin the prescribed form a record of the work permitted under sub–section(1) to be carried on outside the industrial premises.
(3) Save as otherwise providedin this section, no employer shall require or allow any manufacturing processconnected with the making of beedi or cigar or both to be carried on outsidethe industrial premises:
Provided that nothing in thissub–section shall apply to any labour who is given raw material by anemployer or a contractor for being made into beedi or cigar or both at home.
30.Onus as to age: (1) When any act or omissionwould, if a person were under a certain age, be an offence punishable underthis Act and such person is, in the opinion of the court, prima facie undersuch age, the burden shall be on the accused to prove that such person is notunder such age.
(2) A declaration in writing bya medical officer not below the rank of a Civil Assistant Surgeon relating toan employee that he has personally examined him and believes him to be underthe age stated in such declaration, shall, for the purposes of this Act and therules made thereunder, be admissible as evidence of the age of that employee.
31.Notice of dismissal: (1) No employer shall dispensewith the services of an employee who has been employed for a period of sixmonths or more, except for a reasonable cause, and without giving such employeeat least one month’s notice or wages in lieu of such notice.
Provided that such notice shallnot be necessary if the services of such employee are dispensed with on acharge of misconduct supported by satisfactory evidence recorded at an inquiryheld by the employer for the purpose.
(2) (a) The employee discharged, dismissedor retrenched may appeal to such authority and within such time as may beprescribed either on the ground that there was no reasonable cause fordispensing with his service or on the ground that he had not been guilty ofmisconduct as held by the employer or on the ground that such punishment ofdischarge or dismissal was severe.
(b) The appellate authoritymay, after giving notice in the prescribed manner to the employer and theemployee, dismiss the appeal or direct the reinstatement of the employee withor without wages for the period during which he was kept out of employment ordirect payment of compensation without reinstatement or grant such other reliefas it deems fit in the circumstances of the case.
1 [(2A) The appellate authority shall have the same powers as arevested in a civil court under the Code of Civil Procedure 1908, when trying asuit in respect if the following matters namely: –
(a)enforcing the attendance of any person and examining him on oath; and
(b)compelling the production of documents and material objects.]
(3) The decision of theappellate authority shall be final and binding on both the parties and be giveneffect to within such time as may be specified in the order of the appellateauthority.
1. Sub-section (2A) Inserted bythe Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (41of 1993), Section 7.
32.Penalty for obstructingInspector: Whoever obstructs the ChiefInspector or an Inspector in the exercise of any powers conferred on him by orunder this Act, or fails to produce on demanded by the chief Inspector or anInspector any register or other document kept in his custody in pursuance ofthis Act or of any rules made thereunder, or conceals or prevents any employeein an industrial premises from appearing before or being examined by the ChiefInspector or an Inspector, shall be punishable with imprisonment for a termwhich may extent to 1 [sixmonths], or with fine which may extend to 1 [five thousand] rupees, or with both.
1. Substituted for the words"three months" and "five hundred rupees" respectively bythe Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (41of 1993), Section 8.
33.General penalty for offence: (1) Save as otherwiseexpressly provided in this Act, any person who contravenes any of theprovisions of this Act or of any rule made thereunder, or fails to pay wages orcompensation in accordance with any order of the appellate authority passedunder clause (b) of sub–section (2) of section 31, shall, be punishable,for the first offence, with fine which may extend to two hundred and fiftyrupees and for a second or any subsequent offence with imprisonment for a termwhich shall not be less than one month or more than six months or with finewhich shall not be less than one hundred rupees or more than five hundredrupees or with both.
(2) (a) Any employer who fails toreinstate any employee in accordance with the order of the appellate authoritypassed under clause (b) of sub–section (2) of section 31, shall bepunishable with fine which may extend to two hundred and fifty rupees.
(b) Any employer, who, afterhaving been convicted under clause (a), continues, after the date of such convictionto fail to reinstate an employee in accordance with the order mentioned in thatclause, shall be punishable, for each day of such default, with fine which mayextend to twenty rupees.
(c) Any Court trying an offencepunishable under this sub–section may direct that the whole or any partof the fine, if realised, shall be paid, by way of compensation, to the person,who, in its opinion, has been injured by such failure.
(3) Notwithstanding anythingcontained in the Payment of Wages Act, 1936(4 of 1936) with regard to thedefinition of wages, any compensation required to be paid by an employer underclause (b) of sub–section (2) of section 31 but not paid by him shall berecoverable as delayed wages under the provisions of that Act.
(4) It shall be no defence in aprosecution of any person for the contravention of the provisions of section 3that any manufacturing process connected with the making of beedi or cigar orboth was carried on by such persons himself or by any member of his family orby any other person living with or dependent on such person.
34.Offences by Companies: (1) Where an offence underthis Act has been committed by a company, every person who, at the time theoffence was committed, was incharge of, and was responsible to, the company forthe conduct of the business of the company, as well as the company, shall bedeemed to be guilty of the offence and shall be liable to be proceeded againstand punished accordingly:
Provided that nothing containedin this sub–section shall render any such person liable to anypunishment provided in this Act if he proves that the offence was committedwithout his knowledge or that he exercised all due diligence to prevent thecommission of such offence.
(2) Notwithstanding anythingcontained in sub–section (1), where an offence under this Act has beencommitted by a company and it is proved that the offence has been committedwith the consent or connivance of, or is attributable to, any neglect on thepart of any director, manager, secretary or other officer of the company, suchdirector, manager secretary or other officer shall also be deemed to be guiltyof that offence and shall be liable to be proceeded against and punishedaccordingly.
Explanation: For thepurposes of this section –
(a) "company" meansany body corporate and includes a firm, and other association of individuals;and
(b) "director", inrelation to a firm, means a partner in the firm.
35.Indemnity: (1) No suit, prosecution orother legal proceedings shall lie against any person for anything which is ingood faith done or intended to be done under this Act or any rule or order madethereunder.
(2) No suit or other legalproceedings shall lie against the Government for any damage caused or likely tobe caused by anything which is in good faith done or intended to be done inpursuance of this Act or any rule or order made thereunder.
36.Cognizance of offences: (1) No Court shall takecognizance of any offence punishable under this Act except upon a complaintmade by, or with the previous sanction in writing of the Chief Inspector or anInspector within three months of the date on which the alleged commission ofthe offence came to the knowledge of the Inspector:
Provided that where the offenceconsists of disobeying a written order made by the competent authority, theChief Inspector or an Inspector, complaint thereof may be made within sixmonths of the date on which the offence is alleged to have been committed.
(2) No Court inferior to thatof a presidency magistrate or a magistrate of the first shall try any offencepunishable under this Act.
37.Application of theindustrial Employment (Standing Orders) Act, 1946 and the Maternity BenefitAct, 1961: (1) Theprovisions of the Industrial Employment (Standing Orders) Act, 1946(20 of 1946)shall apply to every industrial premises wherein fifty or more persons areemployed or were employed on any one day of t he preceding twelve months as ifsuch industrial premises were an industrial establishment to which that Act hasbeen applied by a notification under sub–section (3) of section 1thereof, and as if the employee in the said premises were a workman within themeaning of that Act.
(2) Notwithstanding anythingcontained in sub–section (1), the State Government may, after giving notless than two months’ notice of its intention so to do, by notification in theOfficial Gazette, apply all or any of the provisions of the IndustrialEmployment (Standing Orders) Act, 1946(20 of 1946), to any industrial premiseswherein less than fifty employees are employed or were employed on any one dayof the preceding twelve months as if such industrial premises were anindustrial establishment to which that Act has been applied by a notificationunder sub–section (3) of section 1 thereof, and as if the employee inthe said premises were a workman within the meaning of that Act.
(3) Notwithstanding anythingcontained in the maternity Benefit Act, 1961(53 of 1961), the provisions ofthat Act shall apply to every establishment as if such establishment were anestablishment to which that Act has been applied by a notification under sub–section(1) of section 2 thereof:
Provided that the said Actshall, in its application to a home worker, apply subject to the followingmodifications, namely:—
(a) in section 5, in theExplanation to sub–section (1), the words "or one rupee a day,whichever is higher" shall be omitted; and
(b) sections 8 and 10 shall beomitted.
38.Certain provisions not toapply to industrial premises: (1) Chapter IV and section 85 of the Factories Act, 1948(62 of1948) shall apply to an industrial premises and the rest of provisions in thatAct shall not apply to any industrial premises.
(2) Nothing contained in anylaw relating to the regulation of the conditions of work of workers in shops orcommercial establishments shall apply to any establishment to which this Actapplies.
39.Application of theIndustrial Disputes Act, 1947: (1) The provisions of the Industrial Disputes Act, 1947(14 of1947) shall apply to matters arising in respect of every industrial premises.
(2) Notwithstanding anythingcontained in sub–section (1), dispute between an employer and employeerelating to—
(a) the issue by the employerof raw materials to the employees,
(b) the rejection by theemployer of beedi or cigar or both by an employee,
(c) the payment of wages forthe beedi or cigar or both rejected by the employer,
1 [shall be referred for settlement within such time and by suchauthority as the State Government may by rules specify in this behalf and suchrules may also provide for the summary manner in which such disputed shall besettled.]
(3) Any person aggrieved by a settlement madeby the authority specified under sub–section (2) may prefer an appeal tosuch authority and within such time as the State Government may, bynotification in the Official Gazette, specify in this behalf.
(4) The decision of theauthority specified under sub–section (3) shall be final.
1. Substituted for the words"shall be settled by such authority and in such summary manner as theState Government may by rules specify in this behalf" by the Beedi andCigar Workers (Conditions of Employment) Amendment Act, 1993 (41 of 1993),Section 9.
40.Effect of laws andagreements inconsistent with this Act: (1) The provisions of this Act shall have effect
notwithstanding anythinginconsistent therewith contained in any other law for the time being in forceor in the terms of any award, agreement, or contract of service whether madebefore or after the commencement of this Act:
Provided that where under anysuch award, agreement, contract of services or otherwise an employee isentitled to benefits in respect of any matters which are more favourable to himthan those to which he will be entitled to under this Act, the employee shallcontinue to be entitled to the more favourable benefits in respect of thatmatter notwithstanding that he receives benefits in respect of other mattersunder this Act.
(2) Nothing contained in thisAct shall be construed as precluding any employee from entering into anagreement with an employer for granting him rights or privileges in respect ofany matter which are more favourable to him than those to which he would beentitled under this Act.
41.Power to exempt: The State Government may, bynotification in the Official Gazette, exempt, subject to such conditions andrestrictions as it may impose, any class of industrial premises or class ofemployers or employees from all or any of the provisions of this Act or of anyrules made thereunder:
Provided that nothing in thissection shall be construed as empowering the State Government to grant anyexemption in respect of any woman employee from any of the provisions of thisAct or any rules made thereunder relating to an annual leave with wages,maternity benefits, creches, wages, rejection of beedi or cigar and night work.
42.Powers of Central Governmentto give directions: The Central Government may give directions to a State Governmentas to the carrying into execution of the provisions of this Act.
43.Act not to apply to selfemployed persons in private dwelling houses: Nothing contained in this Act shall apply to theowner or occupier of a private dwelling house who carries on any manufacturingprocesses in such private dwelling house with the assistance of the members ofhis family living with him in such dwelling house and dependent on him:
Provided that the owner oroccupier there of is not an employee of an employee to whom this Act applies.
Explanation: For thepurposes of this section, "family" means the spouse and children ofthe owner or occupier.
44.Power to make rules: (1) The State Government may,by notification in the Official Gazette, make rules for carrying out thepurposes of this Act.
(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely: –
(a) the terms and conditionssubject to which a licence may be granted or renewed under this Act and thefees to be paid in respect of such licence;
(b) the forms of applicationfor a licence under this Act and the documents and plans to be submittedtogether with such application;
(c) other matters which are tobe taken into consideration by the competent authority for granting or refusinga licence;
(d) the time within which, thefees on payment of which and the authority to which, appeals may be preferredagainst any order granting or refusing to grant a licence;
(e) the submissions of amonthly return by an employer to the competent authority specifying thequantity of tobacco released by the Central Excise Department and the number ofbeedi or cigar or both manufactured by him;
(f) the powers which may beconferred on the Inspectors under this Act;
(g) the standards ofcleanliness required to be maintained under his Act;
(h) the standards of lighting,ventilation and temperature required to be maintained under this Act:
(i) the types of urinals andlatrines required to be provided under this Act;
(j) the washing facilitieswhich are to be provided under this Act;
(l) the form and manner ofnotice regarding the periods of work;
(m) the form in which recordsof work done outside an establishment shall be maintained;
(n) the authority to which andthe time within which an appeal may be filed by a dismissed, discharged orretrenched employee;
(o) the manner in which thecash equivalent of the advantage accruing through the concessional sale to anemployee of foodgrains and other articles shall be computed;
(p) the records and registersthat shall be maintained in an establishment for the purpose of securingcompliance with the provisions of this Act and the rules made thereunder;
(q) the maintenance of firstaid boxes or cupboards and the contents thereof and the persons in whose chargesuch boxes shall be placed;
(r) the manner in which sortingor rejection of beedi or cigar or both the disposal of rejected beedi or cigaror both shall be carried out;
(s) the fixation of maximumlimit of the percentage of rejection of beedi or cigar or both manufactured byan employee;
(t) specifying the place atwhich wages shall be paid to persons who receive directly or through an agentraw materials for the manufacture of beedi or cigar or both at home;
(u) supervision by theInspectors over distribution of raw materials including beedi and tobaccoleaves to the employees;
(v) precautions to be takenagainst fire for the safety of workers;
(w) 1 [the time within which a dispute specified in sub–section(2) of section 39 shall be Revenue for settlement the authority by which andthe summary manner in which such dispute shall be settled] and the authority towhich an appeal shall lie from the settlement made by the first–mentionedauthority;
(x) any matter which isrequired to be, or may be, prescribed.
(3) All rules made under thisAct shall be published in the Official Gazette and shall be subject to thecondition of previous publication; and the dates to be specified under clause(3) of section 23 of the General Clauses Act, 1897(10 of 1897), shall not beless than three months from the date on which draft of the proposed rules waspublished.
(4) Every rule made under thissection shall be laid as soon as may be after it is made, before each House ofthe State Legislature, where it consists of two Houses, or where suchLegislature consists of one House, before that House, while it is in sessionfor a total period of thirty days which may be comprised in one session or intwo successive sessions, and if, before the expiry of the session in which itis so laid or the session immediately following the Legislatures agree inmaking any modification in the rule or the Legislatures agree that the ruleshould not be made, the rule shall thereafter have effect only in such modifiedform or be of no effect, as the case may be; so however, that any suchmodification of annulment shall be without prejudice to the validity ofanything previously done under that rule.
1. Substituted for the words"authority by which and the manner in which a dispute as to the issue ofraw materials shall be settled" by the Beedi and Cigar Workers (Conditionsof Employment) Amendment Act, 1993 (41 of 1993), Section 10.