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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

Short title, extent and commen- cement.

and Kashmir.

525

(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,—

Definitions

(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;

(c) "competent authority" means any authority authorised 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 or 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

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;

Industrial premises to be licensed.

Licences. 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;

(c) the financial resources of the applicant including his 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.

(c) The competent authority shall, i'n 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 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.

Appeals.

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 Inspec- tors, 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

45 oJ¹1060.

a public servant within the meaning of section 21 of the Indian Penal Code.

Powers of Inspec- tors.

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:

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;

(c) enter, with such assistants as he thinks fit, at all Iime3 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.

Cleanli- ness.

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.

Ventila- tion.

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, ,

Over- crowdlnfl.

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.

Drinking water.

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.

Latrines ond urinals, 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 Washing facilities.

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.

Creches.

14. (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) provide adequate accommodation;

(fo) be adequately lighted and ventilated;

(c) be maintained in a clean and sanitary condition;

(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;

(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.

First aid. 15. Every industrial premises shall provide such first aid facilities

as may be prescribed.

Canteens. 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.

Warking hours.

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.

Wage* *or

overtim*

work.

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.

Interval

for ro"t.

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.

Spread

over.

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.

<"" RS—3.

Weekly holidays,

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.

Notice of periods

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.

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.

Hours of

work to

correspond

with

notica

under

section

22.

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

Prohibi-

tion of

employ-

ment of

children.

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.

Prohibi

tion of

employ-

ment of

women

or young

personi

during

certain

houra.

26. (1) Every employee in an establishment shall be allowed in a calendar year leave with wages—

Annual

leave

with

wagoa.

(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.

(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.

Wagei

during

leave

period.

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.

4 of 103*.

Applica-

tion of

the Pay-

ment of

Wages

Act, 1936

to indus-

trial pre-

mise*,

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

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).

Special provision* 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.

Onus as to age.

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.

Notice of dis- missal.

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.

(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.

Penalty

ferob-

gtructinf

Impector.

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 be 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.

General

penalty

for

offence.

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

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.

(c) Any Court trying an offence punishable under this sub-sec- 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.

4af 1999.

(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.

OffenCM

by COTO-

panitt.

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

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

firm.

Indem- nity.

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.

Cogniz- ance of offences.

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.

20 of 1948.

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.

Applica- tion of the in- dustrial Employ- ment (Standing Orders) Act, 1946 and the Maternity Benefit Act. 1961.

20 of 1948 (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 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 premises were a workman within the meaning of that Act.

53 of 19<"l-

(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.

62 of 1948.

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.

Certain provi- sions not to apply to 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.

14 of 1947.

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—

Applica- tion of the Indus- trial Dis- putes Act, 1947.

(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,

(c) the payment of wages for the beedi or cigar or both

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:

Effect of laws and agree- ments In- consistent with this Act.

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.

Power to exempt.

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.

Powers of Central Govern- ment to give direc-

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:

Act not to apply to self- employed persons in private dwelling houses.

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 make rule*.

(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;

(c) other matters which are to be taken into consideration 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:

(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.

to of 1897.

(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 as 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

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.