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BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT, 1966
32 of 1966
30th November, 1966
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 there with Be it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Beedi and Cigar Workers (Conditions of Employment), 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 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "adult" means a person who has completed eighteen years of age ;
(b) "child" means a person who has not completed fourteen years of age ;
(c) "competent authority" means any authority authorized by the State Government by notification in the official Gazette to perform all or any of the functions of the competent authority under this Act and for such areas as may be specified therein ;
(d) "contractor" means a person who. in relation to a manufacturing process, undertakes to produce a given result by executing the work through contract labour or who engages labour for any manufacturing process in a private dwelling-house and includes a sub-contractor, agent, munshi, thekedar or sattedar ;
(e) "contract labour" means any person engaged or employed in any premises by or through a contractor, with or without the knowledge of the employer, in any manufacturing process ;
(f) "employee" means a person employed directly or through any agency, whether for wages or not, in any establishment to do any work, skilled, manual or clerical and includes-
(i) any labour who is given raw material by any employer or a contractor for being made into beedi or cigar or both at home (here- in after referred to in this Act as "home worker"), and
(ii) any person not employed by an employer or a contractor but working with the permission of, or under agreement with, the employer or contractor;
(g) "employer" means,-
(a) in relation to contract labour, the principal employer, and
(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establishment are entrusted, whether such other person is called the managing agent, manager, superintendent or by any other name ;
(h) "establishment" means any place or premises including the precincts thereof in which or in any part of which any manufacturing process connected with the making of beedi or cigar or both is being, or is ordinarily, carried on and includes an industrial premises ;
(i) "industrial premises" means any place or premises (not being a private dwelling-house), including the precincts thereof, in which or in any part of which any industry or manufacturing process connected with the making of beedi or cigar or both is being, or is ordinarily, carried on with or without the aid of power ;
(j) "inspector" means an inspector appointed under sub-section (1) of Sec. 6-;
(k) "manufacturing process" means any process for, or incidental to, making, finishing or packing 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) "principal employer" means a person for whom or on whose behalf any contract labour is engaged or employed in an establishment ;
(n) "private dwelling-house" means a house in which person engaged in the manufacture of beedi or cigar or both reside ;
(o) "State Government", in relation to a Union 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 has completed fourteen years of age but has not
completed eighteen years of age.
SECTION 03: 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 licence.
SECTION 04: LICENCES
(1) Any person who intends to use or allow to be used any place or premises as an industrial premises shall make an application in writing to the competent authority, in such form and 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 bona fide 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 or 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 there under 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 05: 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 06: INSPECTORS
(1) 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 Sec. 21 of the Indian Penal Code-(45 of 1860).
SECTION 07: POWER OF INSPECTORS
(1) Subject to any rules made 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 maybe necessary for ascertaining whether the provisions of this Act have been or are being complied with in 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 08: 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 09: 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 suitable for all persons employed therein, a sufficient supply of wholesome drinking water.
(2) All such points shall be legibly marked "drinking water" in a language understood 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. for such further matters in respect of sanitation in the industrial premises including obligation of the employees in this regard as it it may consider necessary in the interest of the health of the persons employed therein.
(2) The State Government may specify the number of latrines and urinals which shall be provided in any industrial premises in proportion to the 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.
SECTION 14: CRECHES
(1) In every industrial premises wherein more than fifty female employees are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such female employees.
(2) Such rooms shall-
(a) be provided adequate accommodation;
(b) be adequately lighted and ventilated ;
(c) be maintained in a clean and sanitary condition ;
(d)be under the charge of a woman trained in the care of children and infants.
(3) The State Government may make rules -
(a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided under this section ;
(b) requiring the provision in any industrial premises to which this section applies, of additional facilities for the care of children belonging to female employees, including suitable provision of facilities for washing and changing their clothing ;
(c) requiring the provision in any industrial premises of free milk or refreshment or both for such children ;
(d) requiring that facilities shall be given in any industrial premises for the mothers of such children to feed them at necessary intervals.
SECTION 15: FIRST--AID
Every industrial premises shall provide such first-aid facilities as may be prescribed.
SECTION 16: CANTEENS
The Government may, by rules, require the employer to provide and maintain in every industrial premises wherein not less than two hundred and fifty employees arc ordinarily employed, canteen for the use of the employees.
SECTION 17: WORKING HOARS
No employee shall be required or allowed to work in any industrial premises for more than nine hours in any day or for more than forty-eight hours in any week : Provided than any adult employee may be allowed to work in such industrial premises for any period in excess of the limit fixed under this section subject to the payment of overtime wages if the period of work, including over- time work, does not exceed ten hours in any day in the aggregate of fifty-four hours in any week.
SECTION 18: WAGES FOR OVERTIME WORK
(1) Where any employee employed in any industrial premises is required to work overtime, he shall be entitled in respect of such overtime work, to wages at the rate of twice his ordinary rate of wages.
(2) Where employees in any industrial premises are paid on a piece-rate basis, the overtime rate shall be calculated, for the purposes of this section at the time-rate which shall be as nearly as possible equivalent to the daily average if their full-time earnings for the days on which they had actually worked during the week immediately preceding the week in which the overtime work has been done.
(3) For the purposes of this section, "ordinary rates of wages" means the basis wages plus such allowance, including the cash equivalent of the advantage accruing through the concessional sale to the employees of food grain and other article as the employee is for the time being entitled to but does not include bonus.
(4) The cash equivalent of the advantage accruing through the concessional sale to an employee of food grains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of food- grains and other articles admissible to a standard family.
SECTION 19: INTERVAL FOR REST
The periods of work for employees in an industrial premises each day shall be so fixed that no period shall exceed five hours and that no employee shall work for more than five hours before he has had an interval for rest of at least half an hour.
SECTION 20: SPREAD OVER
The periods of work of an employee in an industrial premises shall be so arranged that inclusive of his intervals for rest under Sec. 19-, they shall not spread over more than ten and a half hours in any day : Provided that the Chief Inspector may, for reasons to be specified in writing, increase the spread over to twelve hours.
SECTION 21: WEEKLY HOLIDAYS
(1) Every industrial premises Shall remain entirely closed, except for wetting of beedi or tobacco leaves, on one day in the week which day shall be specified by the employer in a notice exhibited in a conspicuous place in the industrial premises and the day so specified shall not be altered by the employer more after than once in three months and except with the previous written permission of the Chief Inspector.
(2) Notwithstanding anything contained in sub-section (1), an employee employed in the said premises for wetting of beedi or tobacco leaves on the day on which it remains closed in pursuance of sub-section (1), shall be allowed a substituted holiday on one of the three days immediately before or after the said day.
(3) For a holiday under this section, an employee shall be paid, notwithstanding any contract to the contrary, at the rate equal to the daily average of his total full-time earnings for the days on which he had worked during the week immediately preceding the holiday exclusive of any overtime earnings and bonus but inclusive of dearness and other allowances.
SECTION 22: NOTICE OF PERIODS OF WORK
(1) There shall be displayed and correctly maintained in every industrial premises a notice of periods of work in such form and in such manner as may be prescribed, showing clearly for every day the periods during which the employees may be required to work.
(2)(a) A copy of the notice referred to in sub-section (1) shall be sent in triplicate to the Inspector having jurisdiction over the industrial premises within two weeks from the date of the grant of a licence for the first time under this Act, in the case of any industrial premises carrying on work at the commencement of this Act, and in the 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 the system 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 made and except with the previous sanction of the Inspector, no such change shall be made until one week has elapsed since the last change.
SECTION 23: HOURS OF WORK TO CORRESPOND WITH NOTICE UNDER SEC. 22
No employee shall be employed in any industrial premises otherwise than in accordance with the notice of work displayed in the premises under Sec. 22.-
SECTION 24: PROHIBITION OF EMPLOYMENT OF CHILDREN
No child shall be required or allowed to work in any industrial premises.
SECTION 25: PROHIBITION OF EMPLOYMENT OF WOMEN OR YOUNG PERSONS DURING CERTAIN HOURS
No woman or young person shall be required or allowed to work in any industrial premises except between 6 a.m. and 7 p.m.
SECTION 26: ANNUAL LEAVE WITH WAGES
(1) Every employee in an establishment shall be allowed in a calendar year leave with wages-
(i) in the case of an adult, at the rate of one day for every twenty days of work performed by him during the previous calendar year ;
(ii) in the case of a young person, at the rate of one day for every fifteen days of work performed by him during the previous calendar year.
(2) If an employee is discharged or dismissed from service or quits employment during the course of the year, he shall be entitled to leave with wages at the rate laid down in sub-section (1).
(3) In calculating leave under this section, any fraction of leave of half a day or more shall be treated as one 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 to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a young person.
(5) An application of an employee for the whole or any portion of the leave allowed under subsection
(1) shall be in writing and ordinarily shall have to be made sufficiently in advance of the
day on which he wishes leave to begin.
(6) If the employment of an employee who is entitled to leave under sub-section (1) is terminated by the employer before he has taken the entire leave to which he is entitled, or if having applied for leave, he has not been granted such leave, or if the employee quits his employment before he has taken the leave, the employer shall pay him the amount payable under Sec. 27-in respect of leave not taken and such payment shall be made, where the employment of the employee is terminated by the employer, before the expiry of the second working day after such termination and where the employee quits his employment, on or before the next pay day.
(7) The leave not availed of by an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
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