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BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT

Ministry of Law and Justice

Act nº 32 of 1966


  • Act nº 32 of 1966

Preamble

THE BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT, 1966

[Act, No. 32 of 1966]

[30th November, 1966]

PREAMBLE

An Act to provide for the welfare of the workers in beedi and cigar establishments and to regulate the conditions of their work and for matters connected therewith.

be it enacted by Parliament in the Seventeenth Year of the Republic of India as follows :--

Section 1. Short title, extent and commencement

(1) This Act 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 in a State on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed by the State Government for different areas and for different provisions of this Act.

Section 2. Definitions

In this Act, unless the contextotherwise requires,--

(a) "adult" means a person who hascompleted eighteen years of age;

(b) "child" means a person who has notcompleted fourteen years of age;

(c) "competent authority" means anyauthority authorised by the State Government by notification in the OfficialGazette to perform all or any of the functions of the competent authority underthis Act and for such areas as may be specified therein;

(d) "contractor" means a person who, inrelation to a manufacturing process, undertakes to produce a given result byexecuting the work through contract labour or who engages labour for anymanufacturing process in a private dwelling house and includes a sub-contractor, agent, munshi, thekedar orsattedar."

(e) "contract labour" means any personengaged or employed in any premises by or through a contractor, with or withoutthe knowledge of the employer, in any manufacturing process;

(f) "employee" means a person employeddirectly or through any agency, whether for wages or not, in any establishments 1[or godown] to do any work skilled, unskilled, manual or clerical, andincludes--

(i) any labour who is given raw materials by anemployer or a contractor for being made into beedi or cigar or both at home(herein after referred to in this Act as "home worker"), and

(ii) any person not employed by an employer or acontractor but working with the permission of, or under agreement with, theemployer or contractor 1 [or both];

(g) "employer" means,--

(a) in relation to contract labour, the principalemployer; and

(b) in relation to other labour, the person who hasthe ultimate control over the affairs of any establishment or who has, byreason of his advancing money, supplying goods or otherwise, a substantialinterest in the control of the affairs of any establishment, and includes anyother person to whom the affairs of the establishment are entrusted, whethersuch other person is called the managing agent, manager, superintendent or byany other name;

(h) "establishment" means any place orpremises including the precincts thereof in which or in any part of which anymanufacturing process connected with the making of beedi or cigar or both isbeing, or is ordinarily, carried on and includes an industrial premises;

2 ['(hh) "godown" means any warehouse orother place, by whatever name called, used for the storage of--

(i) any article substance required for anymanufacturing process; or

(ii) beedi or cigar or both;]

(i) "industrial premises" means any placeor premises (not being a private dwelling house), including the precinctsthereof, in which or in any part of which any industry or manufacturing processconnected with the making of beedi or cigar or both is being or is ordinarilycarried on with or without the aid of power 3 [and includes a godownattached thereto];

(j) "Inspector" means an Inspectorappointed under sub-section(l) of section 6;

(k) "manufacturing process" means anyprocess for, or incidental to, making, finishing or packing or otherwisetreating 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 byrules made by the State Government under this Act;

(m) "principal employer" means a personfor whom or on whose behalf any contract labour is engaged ,or employed in anestablishment;

(n) "private dwelling house" means ahouse in which persons engaged in the manufacture of beedi or cigar or bothreside;

(o) "State Government", in relation to aUnion territory, means the Administrator thereof;

(p) "week" means a period of seven days,beginning at midnight on Saturday;

(q) "young person" means a person who hascompleted fourteen years of age but has not completed eighteen years of age.

1. Inserted by Act 41 of 1993, sec. 2.

2. Inserted by Act 41 of 1993, sec. 1.

3. Added by Act 41 of 1993,sec. 2.


Section 3. Industrial premises to be licensed

Save as otherwise provided in this Act, no employer shall use or allow to be used any place or premises as an industrial premises unless he holds a valid licence issued under this Act and no such premises shall be used except in accordance with the terms and conditions of such licenced

Section 4. Licences

(1) Any person who intends to use or allows to be used any place or premises as industrial premises shall make an application in writing to the competent authority, in such form on payment of such fees as may be prescribed, for a licence to use, or allow to be used, such premises as an industrial premises.

(2) The application shall specify the maximum number of employees proposed to be employed at any time of the day in the place or premises and shall be accompanied by a plan of the place or premises prepared in such manner as may be prescribed.

(3) The competent authority shall, in deciding whether to grant or refuse a licence, have regard to the following matters:--

(a) the suitability of the place or premises which is proposed to be used for the manufacture of beedi or cigar or both;

(b) the previous experience of the applicant;

(c) the financial resources of the applicant including his financial capacity to meet the demands arising out of the provisions of the laws for the time being in force relating to welfare of labour;

(d) whether the application is made bonafide on behalf of the applicant himself or in benami of any other person;

(e) welfare of the labour in the locality, the interest of the public generally and such other matters as may be prescribed.

(4) (a) A licence granted under this section shall not be valid beyond the financial year in which it is granted but may be renewed from financial year to financial year.

(b) An application for the renewal of a licence granted under this Act shall be made at least thirty days before 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 to continue, notwithstanding the expiry of the period thereof, until the renewal of the licence, or, as the case may be, the rejection of the application for the renewal thereof.

(c) The competent authority shall, 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 authority shall not grant a renew a licence unless it is satisfied that the provisions of this Act and the rules made thereunder have been substantially complied with.

(6) The competent authority may, after giving the holder of a licence an opportunity of being heard, cancel or suspend any licence granted or renewed under this Act if it appears to it that such licence has been obtained by misrepresentation or fraud or that the licensee has contravened or failed to comply with any of the provisions of this Act or the rules made thereunder or any of the terms or conditions of the licence.

(7) The State Government may issue in writing to a competent authority such directions of a general character as that Government may consider necessary in respect of any matter relating to the grant or renewal of licences under this section.

(8) Subject to the foregoing provisions of this section, the competent authority may grant or renew licences under this Act on such terms and conditions as it may determine and where the competent authority refuses to grant or renew any licence, it shall do so by an order communicated to the applicant, giving the reasons in writing for such refusal.

Section 5. Appeals

Any person aggrieved by the decision of the competent authority refusing to grant or renew a licence or cancelling or suspending a licence may, within such time and on payment of such fees, not exceeding twenty rupees, as may be prescribed, appeal to such authority as the State Government may, by notification in the Official Gazette, specify in this behalf, and such authority may by order confirm, modify or reverse any order refusing to grant or renew a licence or cancelling or suspending a licence.

Section 6. Inspectors

(l) The State Government may, by notification in the Official Gazette, appoint such of its officers or such officers of any local authority as it thinks fit to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit.

(2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall exercise the powers of an Inspector throughout the State.

(3) Every Chief Inspector and Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Section 7. Powers of Inspectors

(1) Subject to any rules by the State Government in this behalf, an Inspector may, within the local limits for which he is appointed,--

(a) make such examination and hold such inquiry as may be necessary for ascertaining whether the provisions of this Act have been or are being complied within any place or premises:

Provided that no person shall be compelled under this section to answer any question or to give any evidence which may tend to incriminate himself:

(b) require the production of any prescribed register and any other document relating to the manufacture of beedi or cigar or both;

(c) enter, with such assistants as he thinks fit, at all times any place or premises including the residences of employees if he has reasonable grounds for suspecting that any manufacturing process is being carried on or is ordinarily carried on in any such place or premises;

(d) exercise such other powers as may be prescribed.

(2) If an Inspector has reasonable grounds for suspecting that any manufacturing process is being carried 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 the employer, to the occupier, enter such establishment with such assistants, if any, as he may think fit.

(3) Every employer or occupier shall accord to the chief Inspector or the Inspector, as the case may be, all reasonable facilities in the discharge of his duties under this Act.

Section 7A. Inspector not to disclose the source of any complaint, etc.

1[7A. Inspector not to disclose the source of any complaint, etc.

(1) No Inspector shall disclose the source of any complaint made to him regarding the contravention of any of the provisions of this Act.

(2) No Inspector shall, while making an inspection under this Act in pursuance of a complaint received by him, disclose to the employer or contractor concerned or any of his representatives that the inspection is being made in pursuance of a complaint:

Provided that nothing in this section shall apply to any case in which the person who has made the complaint has consented to disclose his name.]

1. Inserted by Act 41 of 1993, sec. 3.


Section 8. Cleanliness

Every industrial premises shall be kept clean and free from effluvia arising from any drain, privy or other nuisance and shall also maintain such standard of cleanliness including white washing, colour washing, varnishing or painting, as may be prescribed.

Section 9. Ventilation

(1) For the purpose of preventing injury to the health of the persons working therein, every industrial premises shall maintain such standards of lighting, ventilation and temperature, as may be prescribed.

(2) Wherever dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the persons employed in any industrial premises is given off by reason of the manufacturing process carried on in such premises, the competent authority may require the employer to take such effective measures as may prevent the inhalation of such dust, fume or other impurity and accumulation thereof in any work room.

Section 10. Overcrowding

(1) No room in any industrial premises shall be overcrowded to an extent injurious to the health of the persons employed therein.

(2) Without prejudice to the generality of sub-section (1) there shall be in any work room of such premises at least four and a quarter cubic metres of space for every person employed therein, and for the purposes of this sub-section, no account shall be taken of any space which is more than three metres above the level of the floor of the work room.

Section 11. Drinking water

(1) The employer shall make in every industrial premises effective arrangements to provide and maintain at suitable points conveniently situated for all persons employed therein, a sufficient supply of wholesome drinking water.

(2) All such points shall be legibly marked "drinking water" in language under-stood by the majority of the persons employed in the industrial premises and no such point shall be situated within six metres of any washing place, urinal or latrine except with the prior approval in writing of the competent authority,

Section 12. Latrines and urinals

(1) In every industrial premises, sufficient latrine and urinal accommodation of such types as may be prescribed shall be provided and shall be so conveniently situated as may be accessible to the employees at all times while they are in the industrial premises:

Provided that it shall not be necessary to provide separate urinals in industrial premises where less than fifty persons are employed or where the latrines are connected to a water-borne sewage system.

(2) The State Government may specify the number of latrines and urinals which shall be provided in any industrial premises in proportion to any number of male and female employees ordinarily employed therein, and may provide for such further matters in respect of sanitation in the industrial premises including obligation of the employees in this regard as it may consider necessary in the interest of the health of the persons employed therein.

Section 13. Washing facilities

In every industrial premises, where blending or sieving or both of tobacco or warming of beedi in hot ovens is carried on, the employer shall provide such washing facilities for the use of the employees, as may be prescribed.