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BEEDI WORKERS WELFARE FUND ACT, 1976
62 of 1976
10th April, 1976
An Act to provide for the financing of measures to promote the welfare of persons engaged in beedi establishments Be it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Beedi Workers Welfare Fund Act, 1976
(2) It extends to the whole of India.
(3) It shall come into force in a State on such date,1[as the Central Government may, by notification in the official Gazette, appoint and different dates may be appointed for different areas in the State and for different provisions of this Act.
SECTION 02: DEFINITIONS
-In this Act, unless the context otherwise requires,-
(a) "Fund" means the Beedi Workers Welfare Fund formed under Sec. 3-;
(b) a person is said to be engaged in an establishment if he is engaged in that establishment directly or through any agency, whether for wages or not, for doing any work, skilled, unskilled manual or clerical and includes-
(i) any person who is given raw materials by an employer or a contractor for being made into beedi at home ; and
(ii) any person not engaged by an employer or a contractor but working with the permission of, or under agreement with the employer or contractor;
(c) "prescribed" means prescribed by rules made under this Act ;
(d) words and expressions used but not defined in this Act and defined in the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966)-, shall have the meanings respectively assigned to them in that Act in so far as they relate to a person engaged in beedi establishments.
SECTION 03: BEEDI WORKERS WELFARE FUND
There shall be formed a Fund to be called the Beedi Workers Welfare Fund and there shall be credited thereto-
(a) an amount which the Central Government "may, after due appropriation made by Parliament by law in this behalf, provide from and out of the proceeds of cess credited under Sec. 4 of the Beedi Workers Welfare Cess Act, 1976-, after deducting the cost of collection as deter- mined by the Central Government under this Act ;
(b) any income from investment of the amount credited under the Act referred to in Cl. (a) and other moneys received by the Central Government for the purposes of this Act.
SECTION 04: APPLICATION OF FUND
The Fund shall be applied by the Central Government to meet the expenditure incurred in
connection with measures and facilities which, in the opinion of that Government, are necessary or expenditure to promote the welfare of persons engaged in beedi establishments; and in particular-
(a) to defray the cost of measures for the benefit of such persons directed towards-
(i) the improvement of public health and sanitation, the prevention of disease and the provision and improvement or medical facilities ;
(ii) the provision and improvement of water supplies and facilities for washing;
(iii) the provision and improvement of educational facilities ;
(iv) the provision and improvement of housing and recreational facilities including standards of living, nutrition and amelioration of social conditions;
2[(iv-a) the provision of family welfare, including family-planning education and services];
(v) the provision and improvement of such other welfare measures and facilities as may be prescribed ;
(b) to grant loan or subsidy to a State Government, a local authority or an employer in aid of any scheme approved by the Central Government for the purpose connected with the welfare of persons engaged in beedi establishments;
(c) to pay annually grants-in-aid to State Government,3[or to a local authority or to an agency which satisfies the prescribed criteria (herein- after referred to as the agency) or to an employer] who provides to the satisfaction of the Central Government welfare measures and facilities of the prescribed standard for the benefit of persons engaged in beedi establishments, so, however, that the amount payable as grants-in aid to any such State Government,4[local authority, agency] or employer shall not exceed-
(i) the amount spent in providing welfare measures and facilities as determined by the Central Government or any person specified by it in this behalf, or
(ii) such amount as may be prescribed, whichever is less: Provided that no grant-in-aid shall be payable in respect of any such welfare measures and facilities where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf;
(d) to meet the allowances, if any, of the members of the Advisory Committees and the Central Advisory Committee constituted under Sec. 5-and Sec. 6-, respectively and the salaries and allowances, if any, of persons appointed under Sec. 8-;
(e) any other expenditure which the Central Government may direct to be defrayed from the fund.
(2) The Central Government shall have power to decide whether any particular expenditure is or is not debitable to the Fund, and its decision shall be final.
SECTION 05: ADVISORY COMMITTEES
(1) The Central Government may constitute as many Advisory Committees, as it thinks fit, but not exceeding one for each of the principal beedi-producing States, to advise the Central Government on such matters arising out of the administration of this Act as may be referred to it by that Government, including matters relating to the application of the Fund.
(2) Each Advisory Committee shall consist of such number of persons as may be appointed to it by the Central Government and the members shall be chosen in such manner as may be prescribed: Provided that each Advisory Committee shall include an equal number of members representing Government, the employers and persons engaged in beedi establishments and that at least one member of such Committee shall be a woman.
(3) The Chairman of each Advisory Committee shall be appointed by the Central Government.
(4) The Central Government shall publish in the official Gazette the names of all members of every Advisory Committee.
SECTION 06: CENTRAL ADVISORY COMMITTEE
(1) The Central Government may constitute a Central Advisory Committee to co-ordinate the work of the Advisory Committees constituted under Sec. 5-and to advise the Central Government on any matter arising out of the administration of this Act.
(2) The Central Advisory Committee shall consist of such number of persons as may be
appointed to it by the Central Government and the members shall be chosen in such manner as may be prescribed : Provided that the Central Advisory Committee shall include an equal number of members representing the Government the employers and persons engaged in beedi establishments and that at least one member of such Committee shall be a woman.
(3) The Chairman of the Central Advisory Committee shall be appointed by the Central
Government.
(4) The Central Government shall publish in the official Gazette the names of all members of the Central Advisory Committee.
SECTION 07: POWER TO CO-OPT
(1) An Advisory Committee or the Central Advisory Committee may, at any time and for such period as it thinks fit, co-opt any person or persons to the Advisory Committee.
(2) The Central Government shall publish in the official Gazette the names of all members of the Central Advisory Committee.
(3) The Advisory Committee or the Central Advisory Committee may, if it considers it necessary or expedient so to do, invite any person to attend its meeting and when such person attends any meeting, he shall not be entitled to vote thereat
SECTION 08: APPOINTMENT OF WELFARE COMMISSIONERS, ETC. AND THEIR POWERS
(1) The Central Government may appoint as many Welfare Commissioners, Welfare Administrators, Inspectors and such other officers and staff as it thinks necessary for the purposes of this Act and the Beedi Workers Cess Act, 1976-.
(2) The Central Government may, by general or special order, direct a Welfare Commissioner to appoint such staff as it considered necessary for the purposes of this Act and the Beedi Workers Welfare Cess Act, 1976-.
(3) Every person appointed under this section shall be deemed to be a public servant within the meaning of Sec. 21 of the Indian Penal Code (45 of 1860)-.
(4) Any Welfare Commissioner, Welfare Administrator or Inspector may-
(a) with such assistance, if any, as he may think fit, enter at any reasonable time, any place which he considers it necessary to enter for carrying out the purposes of this Act ;
(b) do within such place anything necessary for the proper discharge of his duties ; and
(c) exercise such other powers as may be prescribed.
SECTION 09: POWER OF CENTRAL GOVERNMENT TO EXEMPT
Notwithstanding anything contained in this Act, if the Central Government is satisfied that there is in force in any State or part thereof a law making adequate provision for the financing of activities to promote the welfare of persons engaged in beedi establishments, it may, by notification in the official Gazette, direct that all or any of the provisions of this Act shall not apply or shall apply to such State or part thereof subject to such exemptions and modifications as may be specified in the notification.
SECTION 10: ANNUAL REPORT OF ACTIVITIES FINANCED UNDER THE ACT
The Central Government shall, as soon as may be, after the end of each financial year, cause to be published in the official Gazette, a report giving an account of its activities financed under this Act during the previous financial year together with a statement of accounts.
SECTION 11: POWER TO CALL FOR INFORMATION
The Central Government may require a State Government or a local authority 5[or the agency] or an employer to furnish, for the purposes of this Act, such statistical and other information in such form and within such period as may be prescribed.
SECTION 12: POWER TO MAKE RULES
(1) The Central Government may, by notification in the official Gazette, and subject to the condition of previous publication, makes rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may be provided for-
(a) the manner in which the Fund may be applied for the measures and facilities specified in subsection (1) of Sec. 4-;
(b) the conditions governing the grant of loan or subsidy under Cl. (b) of sub-section (1) of Sec. 4-;
(c) the conditions governing grant-in-aid under Cl. (c) of sub-section (1) of Sec. 4-;
(d) the standard of welfare measures and-facilities to be provided under Cl. (c) of sub-section (1) of Sec. 4-;
(e) the determination of the amounts referred to in sub-clause (ii) of Cl. (c) of sub-section (1) of Sec. 4- and the proviso to that clause ;
(f) the composition of the Advisory Committees and the Central Advisory Committee constituted under Secs. 5-and Sec. 6-, respectively, the manner in which the members thereof shall be chosen, the term of office of such members, the allowances, if any, payable to them, and the manner in which the Advisory Committees and the Central Advisory Committee shall conduct their business ;
(g) the recruitment, conditions of service and the duties of all persons appointed under Sec. 8-;
(h) the power that may be exercised by a Welfare Commissioner, a Welfare Administrator or an Inspector under Sec. 8-;
(i) the famishing to the Central Government by a State Government or a local authority 5[or the agency] or an employer of such statistical and other information as may be required to be furnished under Sec. 11-;
(j) the forms in which and the period within which statistical and other information are to be furnished under Cl. (i) ;
6[(ja) the form which an identity card is to be issued by an employer to a person engaged in a beedi establishment];
(k) any other matter which has to be or may be prescribed, or provided for, by rules under this Act.
7[(3) In making any rule under sub-section (2), the Central Government may direct that a breach of-
(a) any rule made under Cl. (i) or Cl. ( j ) thereof, shall be punishable with fine which may extend to five hundred rupees ;
(b) any rule made under Cl. (ja) thereof, shall be punishable with fine which may extend to two thousand rupees ;]
(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule
Footnotes:
1. Enforced from 15th February, 1977. vide Gazette of India, Extraordinary, Pt. II, Sec. 3 (i), dated 2nd
Feb- ruary, 1977.
2. Ins. by Act 13 of 1987, Sec. 5. Words "or a local authority or to an
3. Subs. by Act 15 of 1987, Sec. 5, for the employer".
4. Subs. by Act 15 of 1987, Sec. 5 tor the words "local authority".
5. Ins. by Act 13 of 1987, Sec. 6.
6. Subs. by Sec. 7.Act 13 of 1987, Sec. 6.
7. Subs. by Act 15 of 1987. Sec. 7.
BEEDI WORKERS WELFARE FUND RULES, 1978
25th September, 1978
In exercise of the powers conferred by 2[Sec. 12 of the Beedi Workers Welfare Fund Act, 1976] ; the Central Government hereby makes the following rules, namely:
CHAPTER 01: GENERAL
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Beedi Workers Welfare Fund Rules, 1978.
(2) They shall come into force on the date of their publication in the official Gazette.
RULE 02: DEFINITION
-In these rules, unless the context otherwise requires,-
(1) "Act" means the Beedi Workers Welfare Fund Act, 1976 (62 of 1976);
(2) "Advisory Committee" means an Advisory Committee constituted under Sec. 5of the Act ;
(3) "Central Advisory Committee" means a Central Advisory Committee constituted under Sec. 6of the Act;
(4) "Chairman'' means the Chairman of an Advisory Committee or the Central Advisory
Committee, as the case may be ;
(5) "Commissioner" means a Welfare Commissioner appointed by the Central Government under Sec. 3, for any State or States concerned ;
(6) "form" means form in Sch. V ;
(7) "Fund" means the Beedi Workers Welfare Fund ;
(8) "member'' means a member of an Advisory Committee or the Central Advisory Committee, as the case may be ;
(9) "Schedule" means a schedule appended to these rules;
(10) "section" means a section of the Act ;
(11) "treasury" means any Government Treasury or sub-treasury.
CHAPTER 02: CENTRAL ADVISORY COMMITTEE, ADVISORY COMMITTEES AND SUB--COMMITTEES
RULE 03: COMPOSITION
(1)(a) The Central Advisory Committee shall consist of the following persons, to be appointed by the Central Government, namely:
3[(i) The Labour Minister, Minister of State in the Ministry of Labour or the Deputy Labour Minister Chairman.
(ii) The Director-General (Labour Welfare) or any other officer of a rank not lower than Joint Secretary in the Ministry of Labour shall be the Vice-Chairman, ex-officio;]
(iii) all Commissioner-ex-officio ;
5(iv) Such number of Welfare Commissioners as may be nominated by the Central Government, ex-office;
(v) such number of persons to represent the persons employed in the manufacture of beedis, employed by any establishment or factory directly or through any agency, employer or contractor as are equal in number to those provided in sub-clause (iv) to be appointed, after consultation with such organizations, if any, of the person so employed, as may be recognized by the Central Government in this behalf;
(vi) a woman, if no woman has been appointed under sub-clause (iv) or sub-clause (v) ;
4[(vii) a woman, if no woman has been appointed under sub-clause (v) or sub-clause (vi).]
(b) An officer of the Central Government shall be appointed by that Government as Secretary of the Central Advisory Committee and shall be entitled to attend and take part in the meetings of the Committee, but shall not be entitled to vote.
(2)
(a) Each Advisory Committee constituted under Sec. 4orSec. 5shall consist of the following persons, to be appointed by the Central Government, namely:
(i) the Chairman;
(ii) the Commissioners having jurisdiction in the State or States for which the Advisory Committee is constituted, who shall be the Vice- Chairman, ex-officio : Provided that where more than one Commissioner is appointed to the Committee, the Central Government may appoint any one of them to be the Vice-Chairman ;
(iii) one representative each of the concerned State Government or States Government, as the case may be ex-officio ',
(iv) a member of the State Legislature appointed in consultation with the Government or Governments of State or States concerned ;
(v) such number of persons to represent the owner of beedi establishments or factories or contractors who are engaged in the manufacture of beedis, as are equal to the aggregate of those provided in sub-clauses (ii) and (iii), to be appointed after consultation with the organizations of the owners of beedi establishments or factories or contractors, if any, as may be recognised by the Central Government in this behalf;
(vi) such number of persons to represent the persons employed in the manufacture of beedis, as are equal to the aggregate of those provided in sub-clauses (ii) and (iii), to be appointed after consultation with the organisations of the persons so employed, if any, as may be recognised by the Central Government in this behalf ;
(vii) a woman if no woman has been appointed under sub-clause (vi).
(b) An officer of the Beedi Workers Welfare Organisation of the State or States concerned shall be appointed as the Secretary of the Advisory Committee and the Secretary so appointed shall be entitled to attend and take part in the meetings of the Committee, but shall not be entitled to vote.
RULE 04: TERM OF OFFICE OF MEMBERS
(1)(a) A member (other than an ex-officio member) shall, unless he resigns his office or dies or otherwise vacates his office at an earlier date, hold office for a period not exceeding three years as may be specified by the Central Government in each case while making the appointment, from the date of publication in the official Gazette of the notification appointing him as a member of the Advisory Committee of the Central Advisory Committee, as the case may be, and shall be eligible for re-appointment : Provided that an outgoing member shall continue in office until the appointment of his successor is notified in the official Gazette.
(b) An ex-officio member shall hold office during the pleasure of the Central Government.
(2) A member appointed to fill a casual vacancy shall hold office for as long as the member whose place he fills would have been entitled to hold office if the vacancy had not occurred.
6[(3) If a member is unable to attend a meeting of the Central Advisory Committee or the Advisory Committee, then, in the case of a member appointed under sub-clause (iv) or sub-clause
(v) of Cl. (a) of sub-rule (1) of rule 3or under sub-clause (v) or sub-clause (vi) of Cl. (a) of sub-rule (2) of that rule, the Central Government may, in consultation with represented by him in the Central Advisory Committee or the Advisory Committee, as the case may be, depute a member in his place to attend the meeting, and in other cases may nominate a substitute in his place to attend the meeting and such deputed or nominated member shall have all rights of a member in respect of that meeting.]
RULE 05: RESIGNATION
(1) A non-official member other than the Chairman of an Advisory Committee may resign his office by writing under his hand addressed to the Chairman.
(2) The Chairman of an Advisory Committee may resign his office by writing under his hand addressed to the Central Government.
(3) The resignation shall take effect from the date of its acceptance or on the expiry or thirty days from the date of its receipt by the Chairman or, as the case may be, by the Central Government, whichever is earlier.
RULE 06: ABSENCE FROM INDIA
7[*] Before a non-official member leaves India he shall intimate to the Chairman the date of his departure from and the date of his expected return to India, and if he intends to be absent from India for a period longer than six months, he shall tender his resignation.8[* * * *]
RULE 07: VACATION OF OFFICE
- A non-official member shall be deemed to have vacated his office-
(a) if he becomes of unsound mind or is declared insolvent ; or
(b) if he is convicted for any offence which in the opinion of the Central Government involves moral turpitude ; or
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