REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 45] NEW DELHI, THURSDAY,

DEC 1,1966/AGRAHAYANA 10, 1888(S)

Separate paring is given to this Part in order that it may be filed

as a. separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 1st December, 1966/Agrahayana 10, 1888 (Saka)

The following Act of Parliament

received the

assent of the

President on the 30th November, 1966, and is hereby published for

general information: —

THE BEKDI AND CIGAR WORKERS (CONDITIONS

OF EMPLOYMENT) ACT, 1966

No. 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 therewith.

BE it enacted by Parliament in the Seventeenth Year of

the

Republic of India as follows : —

1. (I) 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.

Short title,

extent and

commen-

cement.

525

526

THE GAZETTE OF INDIA EXTRAORDINAHY

[VABT

TLI

(3) It shall come into force in a State on such date as the State

Government may, by notification in the Official Gazette, appoini

and different dates may be appointed by the State Government foi

different areas and for different provisions of this Act.

2. 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 four-

teen years of age;

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 lab-

our for any manufacturing process in a private dwelling house

and includes a sub-contractor, agent, munshi, thekedar or satte-

dar;

(e) "contract labour" means any person engaged or em-

ployed 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

through any agency, whether for wages or not, in any establish-

ment to do any work, skilled, unskilled, manual or clerical,

and includes—

(i) any labour who is given raw materials by an em-

ployer or a contractor for being made into beedi or cigar or

both at home (hereinafter 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 em-

ployer, and

(b) in relation to other labour, the person who has the

ultimate control over the affairs of any establishment or who

Definitions

SEC. 11

THE GAZETTE OF INDIA EXTRAORDINARY

526-A

has, by reason of his advancing money, supplying goods

otherwise, a substantial interest in the control of the affai

of any establishment, and includes any other person to who

the affairs of the establishment are entrusted, whether sui

other person is called the managing agent, manage

superintendent or by any other name;

(h) "establishment" means any place or premises inclui

ing the precincts thereof in which or in any part of which ar

manufacturing process connected with the making of beedi »

cigar or both is being, or is ordinarily, carried on and includ¹

an industrial premises;

(i) "industrial premises" means any place or premis'

(not being a private dwelling house), including the precinc

thereof, in which or in any part of which any i'ndustry or mam

facturing process connected with the making of beedi or cigi

or both is being, or is ordinarily, carried on with or without tl

aid of power;

(j) "Inspector" means an Inspector appointed under sul

section (2) of section 6;

(k) "manufacturing process" means any process for, t

incidental to, making, finishing or packi'ng or otherwise treai

ing any article or substance with a view to its use, sale, trans

port, delivery or disposal as beedi or cigar or both;

(I) "prescribed" means prescribed by rules made by Ih

State Government under this Act;

(m) "principal employer'¹ means a person for whom or 0!

whose behalf any contract labour is engaged or employed in ai

establishment;

(n) "private dwelling house" means a house i'n which per

sons engaged in the manufacture of beedj 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 a

midnight on Saturday;

(q) "young person" means a person who has completcc

fourteen years of age but has not completed eighteen years oi

age.

3. Save as otherwise provided in this Act, no employer shall be

or allow to be used any place or premises as an industrial premises

unless he holds a valid licence issued under this Act a'nd no such

premises shall be used except in accordance with the terms and

conditions of such licence.

Industrial

premises

to be

licensed.

526-B

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

4. (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 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 pro-

posed to be used for the manufacture of beedi or cigar or both;

(b) the previous experience of the applicant;

financial capacity to meet the demands arising out of the pro-

visions 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 deem-

ed 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.

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

Licences.

SEC, 11

THE GAZETTE OF INDIA EXTRAORDINARY

^26~C

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 condi-

tions of the licence.

(7) The State Government may issue in writing to a competent

uuthorlty 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 com-

petent authority may grant or renew licences under this Act on such

terms and conditions as it may determine and where the compe-

tent 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.

5. Any person aggrieved by the decision of the competent

authority refusing to grant or renew a licence or cancelling or sus-

pending a licence may, within such time and on payment of

such fees, not exceeding twenty rupees, as may be prescrib-

ed, 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.

(i. (I) 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 exer-

cise 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.

7. (1) Subject 1o 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 may

be necessary for ascertaining whether the provisions of this Act

have been or are being complied with in any place or premises:

45 oJ¹1060.

Appeals.

Inspec-

tors,

Powers of

Inspec-

tors.

526-D

THE GAZETTE OF INDIA EXTRAORDINARY

FFAHT II

Provided that no person shall be compelled under this sec-

tion 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;

any place or premises including the residences of employees If

he has reasonable grounds for suspecting that any manufactur-

ing 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 employar or occupier shall accord to the Chief Inspec-

tor or the Inspector, as the case may be, all reasonable facilities in

the discharge of his duties under this Act.

8. 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.

9. (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 com-

nptpnt. aui.horitv. mav require the employer to take such effective

.Measures as may prevent the inhalation of such dust, fume or other

impurity and accumulation therepf in any work room, ,

Cleanli-

ness.

Ventila-

tion.

SEC. 1J

THE GAZETTE OF INDIA] EXTRAORDINARY

526-E

10. (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 quar-

ter 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.

11. (i) 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

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.

12. (1) In every industrial premises, sufficient latrine and urinal

accommodation of such types as may be prescribed shall be provid-

ed 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 em-

ployed 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 res-

pect 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.

13. 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.

14. (1) In every industrial premises wherein more than fifty

female employees are ordinarily employed, there shall be provided

Over-

crowdlnfl.

Drinking

water.

Latrines

ond

urinals,

Washing

facilities.

Creches.

52d-F

THE GAZETTE OF INDIA EXTRAOBDlNAitY

[PAFT IX

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) provide adequate accommodation;

(fo) be adequately lighted and ventilated;

(d) be under the charge of women 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 lor the care of

children belonging to female employees, including suitable provi-

sion of facilities for washing and changing their clothing;

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.

15. Every industrial premises shall provide such first aid facilities

as may be prescribed.

16. The State Government may, by rules, require the employer

to provide and maintain in every industrial premises wherein not

less than two hundred and fifty employees are ordinarily employed,

a canteen for the use of the employees.

17. No employee shall be required or allowed to work in any In-

dustrial premises for more than nine hours in any day or for more

than forty-eight hours in any week:

Provided that 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 overtime work, does not exceed ten hours

1n nny day and in the aggregate fifty-four hours In any week.

First aid.

Canteens.

Warking

hours.

SEC 1]

THE GAZETTE OF INDIA, EXTRAORDINARY

526-G

18. (1) Where any

employee

employed In

any industrial

premises is required to work overtime, he shall be entitled in res-

pect of such overtime work, to wages at the rate of twice his ordi-

nary rate of wages.

(2) Where the employees in an industrial premises are paid on

a piece-rate basis, the overtime rate shall be calculated, for the pur-

poses of this section, at the time rates which shall be as nearly as

possible equivalent to the daily average of 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 basic wages plus such allowance, including the cash

equivalent of the advantage accruing through the concessional sale

to the employees of foodgrains and other articles 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 foodgrains and other articles

shall be computed as often as may be prescribed on the basis of the

maximum quantity of foodgrains and other articles admissible to a

standard family.

Explanation I.—"Standard family" means a family consisting of

the employee, his or her spouse and two children requiring in all

three adult consumption units.

Explanation II.—"Adult consumption units" means the consump-

tion unit of a male above the age of fourteen years; and the con-

sumption unit of a female above the age of fourteen years and that

of a child shall be calculated at the rate of eight-tenths and six-

tenths, respectively, of one adult consumption unit.

19. 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.

20. The periods of work of an employee in an industrial premises

shall be so arranged that Inclusive of his Intervals for rest under

section 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 SDread over to twelve hours.

Wage* *or

overtim*

work.

Interval

for ro»t.

Spread

over.

<»« RS—3.

52&-H

THE GAZETTE OF INDIA EXTRAORDINARY

[PAPT li

21. (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 eo

specified shall not be altered by the employer more often 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 to-

bacco 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 th«

holiday exclusive of any overtime earnings and bonus but inclusive

of dearness and other allowances.

Explanation.—The expression "total full time earnings" »h«Jl

have the meaning assigned to it in section 27.

22. (/) 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) nhall

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 indus-

trial premises carrying on work at the commencement of this Act,

and in the case of any industrial premises beginning work after iuch

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 i«

made and except with the previous sanction of the Inspector, no

auch change shall be made until one week has elapsed since the last

change.

Weekly

holidays,

Notice of

periods

<rf work.

Sac. 1]

THE' GAZETTE OF INDIA EXTRAORDINARY

526-I

23. No employee shall be employed in any industrial

premise*

otherwise than in accordance with the notice of work displayed in

the premises under section 22.

24. No child shall b« required or allowed to work in any industrial

premises.

25. N© womin or young person shall be required or allowed to

work in any industrial premise! except between 6 a.m. and 7 p.m.

26. (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.

Explanation.—The leave admissible under this sub-section

shall

be exclusive of all holidays whether occurring during, or at the begin-

ning or at the end of, the period of leave.

(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.

Hours of

work to

correspond

with

notica

under

section

22.

Prohibi-

tion of

employ-

ment of

children.

Prohibi

tion of

employ-

ment of

women

or young

personi

during

certain

houra.

Annual

leave

with

wagoa.

<2<5-J

THE GAZETTE OF INDIA EXTRAORDINARY

[PAW II

(5) An application of an employee 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 in advance of the day

on which he wishes the leave to begin.

(6) If the employment of an employee who ia entitled to leave

under suib-section (I) is terminated by the employer before he haa

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 section 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 emplo-

yee 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.

27. (/) For the leave allowed to him under section 26, an emplo-

yee shall be paid at the rate equal to the daily average of his total

full time earnings for the days on which he had worked during the

month immediately preceding his leave exclusive of any overtime

earnings and bonus but Inclusive of dearness and other allowances.

Explanation I.—In this sub-section, the expression "total full time

earnings" includes the cash equivalent of the advantage accruing

through the concessional sale to employees of foodgrains and other

articles, as the employee Is for the time being entitled to, but does

not include bonus.

Explanation II.—For the purpose of determining the wages pay-

able to a home worker during leave period or for the purpose of

payment of maternity benefit to a woman home worker, "day" shall

mean any period during which such home worker was employed,

during a period of twenty-four hours commencing at midnight, for

making beedl or cigar or both.

(2) An employee who has been allowed leave for not less than

four days in the case of an adult and five days in the case of a young

person, shall, before his leave begins, be paid wages due for the

period of the leave allowed.

28. (I) Notwithstanding anything contained in the Payment of

Wages Act, 1936 (hereinafter referred to in this section as the said

Act), the State Government may, by notification in the Official

Gazette, direct that all or any of the provisions of the said Act or

the rules made thereunder shall apply to all or any class of employees

in establishment or class of establishments to which this Act applies

and on such application of the provisions of the said Act, an Inspector

Wagei

during

leave

period.

Applica-

tion of

the Pay-

ment of

Wages

Act, 1936

to indus-

trial pre-

mise*,

4 of 103*.

SEC. 1]

THE GAZETTE OP INDIA! EXTRAORDINARY

526-K

appointed under this Act shall be deemed to be the Inspector for the

purposes of the enforcement of such provisions 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. (1) The State Government may permit the wetting or cut- i

ting of beedi or tobacco leaves by employees outside the Indus- 1

trial premises on an application made to it by the employer on

behalf of such employees.

(2) The employer shall maintain in the prescribed form a record

of the work permitted under sub-section (2) to be carried on outside

the industrial premises.

(3) Save as otherwise provided in this section, no employer shall

require or allow any manufacturing process connected with

the

making of beedi or cigar or both to be carried on outside the indus-

trial premises:

Provided that nothing

in this sub-section

shall apply to any

labour who is given raw material by an employer or a contractor

for being made into beedi or cigar or both at home.

30. (/) When any act or omission would, if a person were under

a certain age, be an offence punishable under this Act and such per-

•on is, in the opinion of the court, prima facie under such age, the

burden shall be on the accused to prove that such person is not under

iuch age.

(2) A declaration in writing by a medical officer not below tha

rank of a Civil Assistant Surgeon relating to an employee that he

has personally examined him and believes him to be under the age

stated in such declaration, shall, for the purposes of this Act and the

rules made thereunder, be admissible as evidence of the age of that

employee.

31. (1) No employer shall dispense with the services of an em-

ployee who has been employed for a period of six months or more,

except for a reasonable cause, and without giving such employee at

least one month's notice or wages in lieu of such notice:

Provided that such notice shall not be necessary if the services

of such employee are dispensed with on a charge of misconduct sup-

ported by satisfactory evidence recorded at an inquiry held by the

employer for the purpose.

Special

provision*

Onus as

to age.

Notice

of dis-

missal.

5^a6-L

THE GAZETTE OF INDIA EXTRAORDINARY

[PIIT II

(2) (a) The employee discharged, dismissed or retrenched ntay

appeal to such authority and within such time as may be prescribed

either on the ground that there was no reasonable cause for dispens-

ing with his services or on the ground that he had not been guilty of

misconduct as held by the employer or on the ground that

such

punishment of discharge or dismissal was severe.

(b) The appellate authority may, after giving notice in the pres-

cribed manner to the employer and the employee, dismiss the appeal

or direct the reinstatement of the employee with or without wages

for the period during which he was kept out of employment or direct

payment of compensation without reinstatement or grant such other

relief as it deems fit in the circumstances of the case.

(3) The decision of the appellate authority shall be final

and

binding on both the parties and be given effect to within such time

as may be specified in the order of the appellate authority.

32. Whoever obstructs the Chief Inspector or an Inspector in the

exercise of any powers conferred on him by or under this Act, or

fails to produce on demand by the Chief Inspector or an Inspector

any register or other document kept in his custody in pursuance of

this Act or of any rules made thereunder, or conceals or prevents

any employee in an industrial premises from appearing before or

being examined by the Chief Inspector or an Inspector, shall

punishable with imprisonment for a term which may extend to three

months, or with fine which may extend to five hundred rupees, or

with both.

33. (1) Save as otherwise expressly provided in this Act, any

person who contravenes any of the provisions of this Act or of any

rule made thereunder, or fails to pay wages or compensation in

accordance with any order of the appellate authority passed under

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

fifty rupees and for a second or any subsequent offence with impri-

sonment for a term which shall not be less than one month or more

than six months or with fine which shall not be less than one hun-

dred rupees or more than five hundred rupees or with both.

(2) (a) Any employer who fails to reinstate any employee In

accordance with the order of the appellate authority passed under

clause (b) of sub-section (2) of section 31, shall be punishable with

fine which may extend to two hundred and fifty rupees.

(b) Any employer, who, after having been convicted under clause

(a), continues, after the date of such conviction, to fail to reinstate

Penalty

ferob-

gtructinf

Impector.

General

penalty

for

offence.

SM. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

520-M

an employee in accordance with the order mentioned in that clause

shall be punishable, for each day of such default, with fine whlct

may extend to twenty rupees.

tion may direct that the whole or any part of 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 anything contained in the Payment oJ

Wages Act, 1936 with regard to the definition of wages, any compen-

sation required to be paid by an employer under clause (b) of sub-

section (2) of section 31 but not paid by him shall be recoverable at

delayed wages under the provisions of that Act.

(4) It shall be no defence in a prosecution of any person for the

contravention of the provisions of section 3 that any manufacturing

process connected with the making of beedi or cigar or both wa:

carried on by such person himself or by any member of his family

or by any other person living with or dependent on such person.

34. (1) Where an offence under this Act has been committed

by a company, every person who, at the time the offence was com-

mitted, was incharge of, and was responsible to, the company for

the conduct of the business of the company, as well as the company,

shall be deemed to be guilty of the offence and shall be liable to bi

proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall rendti

any such person liable to any punishment provided in this Act if ho

proves that the offence was committed without his knowledge 01

that he exercised all due diligence to prevent the commission of such

offence.

(2) Notwithstanding anything contained in sub-section (1),

where an offence under this Act has been committed by a company

and it is proved that the offence has been committed with the con-

sent or connivance of, or is attributable to, any neglect on the part of

any director, manager, secretary or other officer of the company,

such director, manager, secretary or other officer shall also be deemed

to be guilty of that offence and shall be liable to be proceeded against

and punished accordingly.

Explanation.—For the purposes of this section—

(a) "company" means any body corporate and includes a

firm, and other association of individuals: and

4af 1999.

OffenCM

by COTO-

panitt.

S26-N

THfi GAZETTE OF INDIA EXTRAOltDINAEY

[PAN ti

(b) "director", in relation to a firm, means a partner in the

firm.

35. (1) No suit, prosecution or other legal proceedings shall lia

against any person for anything which is in good faith done or

ntended to be done under this Act or any rule or order made there-

under.

(2) No suit or other legal proceedings shall lie against the Gov-

ernment for any damage caused or likely to be caused by anything

svhich is in good faith done or intended to be done in pursuance of

this Act or any rule or order made thereunder.

36. (1) No Court shall take cognizance of any offence punishable

under this Act except upon a complaint made by, or with the pre-

vious sanction in writing of the Chief Inspector or an Inspector with-

in three months of the date on which the alleged commission of the

offence came to the knowledge of the Inspector:

Provided that where the offence consists of disobeying a written

order made by the competent authority, the Chief Inspector or an

Inspector, complaint thereof may be made within six months of the

date on which the offence is alleged to have been committed.

(2) No Court inferior to that of a presidency magistrate or a

magistrate of the first class shall try any offence punishable under

this Act.

37. (I) The provisions of the Industrial Employment (Standing

Orders) Act, 1946 shall apply to every industrial premises wherein

fifty or more persons are employed or were employed on any ane

day of the preceding twelve months as if such Industrial premises

were an industrial establishment to which that Act has been applied

by a notification under sub-section (3) of section 1 thereof, and as if

the employee in the said premisee were a workman within the mean-

ing of that Act.

(2) Notwithstanding anything contained in sub-section (I), the

State Government may, after giving not less than two months' notice

of its intention so to do, by notification in the Official Gazette, apply

all or any of the provisions of the Industrial Employment (Standing

Orders) Act, 1946, to any industrial premises wherein less than fifty

employees are employed or were employed on any one day of the

preceding twelve months as if such industrial premises were

industrial establishment to which that Act has been applied by a

notification under sub-section (3) of section 1 thereof, and as if the

employee in the said premises were a workman within the meaning

of that Act.

Indem-

nity.

Cogniz-

ance of

offences.

Applica-

tion of

the in-

dustrial

Employ-

ment

(Standing

Orders)

Act, 1946

and the

Maternity

Benefit

Act. 1961.

20 of 1948.

20 of 1948

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

526-O

(3) Notwithstanding anything contained in the Maternity Bene-

fit Act, 1961, the provisions of that Act shall apply to every establish'

ment as if such establishment were an establishment to which thai

Act has been applied by a notification under sub-section (7) of section

2 thereof:

Provided that the said Act shall, in its application to a home

worker, apply subject to the following modifications, namely:—

(a) in section 5, in the Explanation to sub-section (1), the

words "or one rupee a day, whichever is higher" shall be

omitted; and

(b) sections 8 and 10 shall be omitted.

38. (1) Chapter IV and section 85 of the Factories Act, 1948 shall

apply to an industrial premises and the rest of the provisions in thai

Act shall not apply to any industrial premises.

(2) Nothing contained in any law relating to the regulation of the

conditions of work of workers in shops or commercial establishment

shall apply to any establishment to which this Act applies.

39. (1) The provisions of the Industrial Disputes Act, 1947 shall

apply to matters arising in respect of every industrial premises.

(2) Notwithstanding anything contained in sub-section (1), a

dispute between an employer and employee relating to—

(a) the issue by the employer of raw materials to the em-

ployees,

(b) the rejection by the employer of beedi or cigar or both

made by an employee,

rejected by the employer,

shall be settled by such authority and in such summary manner as

the State Government may by rules specify in this behalf.

(3) Any person aggrieved by a settlement made by the authority

specified under sub-section (2) may prefer an appeal to such autho-

rity and within such time as the State Government may, by notifica-

tion in the Official Gazette, specify in this behalf.

(4) The decision of the authority specified under sub-section (3)

shall be final.

40. (1) The provisions of this Act shall have effect notwithstand-

ing anything inconsistent therewith contained in any other law for

the time being in force or in the terms of any award, agreement, or

contract of service whether made before or after the commencement

of this Act:

53 of 19<»l-

62 of 1948.

14 of 1947.

Certain

provi-

sions

not to

apply to

industrial

premises.

Applica-

tion of

the Indus-

trial Dis-

putes Act,

1947.

Effect of

laws and

agree-

ments In-

consistent

with this

Act.

526-p

THE GAZETTE OF INDIA EXTRAORDINAIIY

[PART II

Provided that where under any such award, agreement, contract

of service or otherwise an employee is entitled to benefits in respect

of any matters which are more favourable to him than those to which

he will be entitled to under this Act, the employee shall continue to

be entitled to the more favourable benefits in respect of that matter

notwithstanding that he receives benefits in respect of other matters

under this Act.

(2) Nothing contained in this Act shall be construed as precluding

any employee from entering into an agreement with an employer for

granting him rights or privileges in respect of any matter which are

more favourable to him than those to which he would be entitled

under this Act.

41. The State Government may, by notification in the

Official

Gazette, exempt, subject to such conditions and restrictions as it may

Impose, any class of industrial premises or class of employers or

employees from all or any of the provisions of this Act or of any

rules made thereunder:

Provided that nothing in tms section shall be construed as em-

powering the State Government to grant any exemption in respect of

any woman employee from any of the provisions of this Act or any

rules made thereunder relating to annual leave with wages, maternity

benefits, creches, wages, rejection of beedi or cigar and night work-

42. The Central Government may give directions to a State Gov-

ernment as to the carrying into execution of the provisions of this

Act.

43. Nothing contained in this Act shall apply to the owner or occu-

pier of a private dwelling house who carries on any manufacturing

process in such private dwelling house with the assistance of the

members of his family living with him in such dwelling house and

dependent on him:

Provided that the owner or occupier thereof is not an employee of

an employer to whom this Act applies.

Explanation.—For the purposes of this section, "family" means

the spouse and children of the owner or occupier.

44. (/) The State Government may, by notification in the Official

Gazette, make rules for carrying out the purposes of this Act.

Power to

exempt.

Powers

of Central

Govern-

ment to

give

direc-

Act not

to apply

to self-

employed

persons in

private

dwelling

houses.

Power

to make

rule*.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

526-Q

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the follow-

ing matters, namely: —

(a) the terms and conditions subject to which a licence may

be granted or renewed under this Act and the fees to be paid w

respect of such licence;

(b) the form of application for a licence under this Act and

the documents and plans to be submitted together with such

application;

by the competent authority for granting or refusing a licence;

(d) the time within which, the fees on payment of which

and the authority to which, appeals may be preferred against any

order granting or refusing to grant a licence;

(e) the submission of a monthly return by an employer to

the competent authority specifying the quantity of tobacco re-

leased by the Central Excise Department and the number of beedi

or cigar or both manufactured by him;

(f) the powers which may be conferred on the Inspector!

under this Act;

(g) the standards of cleanliness required to be maintained

under this Act;

(h) the standards of lighting, ventilation and temperature

required to be maintained under this Act;

(!) the types of urinals and latrines required to be provided

under this Act;

(j) the washing facilities which are to be provided under

this Act;

(7c) canteens;

(I) the form and manner of notice regarding the periqds of

work;

(m) the form In which records of work done outside an

establishment shall be maintained;

(n) the authority to which and the time within which an

appeal may be filed by a dismissed, discharged or retrenched

emrjlovee:

S26-R

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT II

(o) the manner in which the cash equivalent of the advan-

tage accruing through the concessional sale to an employee of

foodgrains and other articles shall be computed;

(p) the records and registers that shall be maintained in an

establishment for the purpose of securing compliance with the

provisions of this Act and the rules made thereunder;

(q) the maintenance of first aid boxes or cupboards and the

contents thereof and the persons in whose charge such boxes

shall be placed;

(r) the manner In which sorting or rejection of beedi or

cigar or both and disposal of rejected beedi or cigar or both shall

be carried out;

(s) the fixation of maximum limit of the percentage of re-

jection of beedi or cigar or both manufactured by an employee;

(t) specifying the place at which wages shall be paid to

persons who receive directly or through an agent raw materials

for the manufacture of beedi or cigar or both at home;

(u) supervision by the Inspectors over distribution of raw

materials including beedi and tobacco leaves to the employees;

(u) precautions to be taken against fire for the safety of

workers;

(w) authority by which and the manner in which a dispute

as to the Issue of raw materials shall be settled and the authority

to which an appeal shall lie from the settlement made by the

first-mentioned authority;

(a;) any matter which is required to be, or may be, pres-

cribed.

(3) All rules made under this Act shall be published in the Offi-

cial Gazette and shall be subject to the condition of previous publi-

cation; and the dates to be specified under clause (3) of section

23 of the General Clauses Act, 1897, shall not be less than three

months from the date on which draft of the proposed rules

w a s

published.

(4) Every rule made under this section shall be laid as soon as

may be after it is made, before each House of the State Legislature,

where It consists of two Houses, or where such Legislature consists

of one Houre, before that House, while it is in session for a total period

of thirty days which may be comprised In one session or in two

successive sessions, and If, before the expiry of the session in which

to of 1897.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

5 2^6-s

it is so laid or the session immediately following the Legislatures

agree m making any modification in the rule or the Legislatures

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.

S. P. vSEN-VARMA,

Secy, to the Govt. oj India.

PRINTED IN INDIA BY THE GENERAL MANAGEIl, GOVERNMENT OF INDIA PRESS.

MINTO KOAO NEW DELHI AND PUBLISHED BY THE MANAOER OP PUBLICATION*,

DELHI, I960.