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Beedi and Cigar Workers (Conditions of Employment) Act, 1966 Preamble 1

Title: Beedi and Cigar Workers (Conditions of Employment) Act, 1966

State: Central

Year: 1966

THE BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT, 1966 [Act, No. 32 of 1966] [30th November, 1966] PREAMBLE An Act to provide for the welfare of the workers in beedi and cigar establishments and to regulate the conditions of their work and for matters connected therewith. be it enacted by Parliament in the Seventeenth Year of the Republic of India as follows :--

Beedi and Cigar Workers (Conditions of Employment) Act, 1966 Complete Act

Title: Beedi and Cigar Workers (Conditions of Employment) Act, 1966

State: Central

Year: 1966

..... Section28 - Application of the Payment of Wages Act, 1936 to industrial premises Section29 - Special provisions Section30 - Onus as to age Section31 - Notice of dismissal Section32 - Penalty for obstructing Inspector Section33 - General penalty for offence Section34 - Offences by companies Section35 - Indemnity Section36 - Cognizance of offences Section37 - Application of the Industrial Employment (Standing Orders) Act, 1946 and the Maternity Benefit Act, 1961 Section38 - Certain provisions not to apply to industrial premises Section39 - Application of the Industrial Disputes Act, 1947 Section40 - Effect of law and agreements inconsistent with this Act Section41 - Power to exempt Section42 - Powers of Central Government to give directions Section43 - Act not to apply to self-employed persons in private dwelling houses Section44 - Power to make rules

Beedi and Cigar Workers (Conditions of Employment) Act, 1966 Section 2

Title: Definitions

State: Central

Year: 1966

.....of the competent authority underthis Act and for such areas as may be specified therein; (d) "contractor" means a person who, inrelation to a manufacturing process, undertakes to produce a given result byexecuting the work through contract labour or who engages labour for anymanufacturing process in a private dwelling house and includes a sub-contractor, agent, munshi, thekedar orsattedar." (e) "contract labour" means any personengaged or employed in any premises by or through a contractor, with or withoutthe knowledge of the employer, in any manufacturing process; (f) "employee" means a person employeddirectly or through any agency, whether for wages or not, in any establishments 1[or godown] to do any work skilled, unskilled, manual or clerical, andincludes-- (i) any labour who is given raw materials by anemployer or a contractor for being made into beedi or cigar or both at home(herein after referred to in this Act as "home worker"), and (ii) any person not employed by an employer or acontractor but working with the permission of, or under agreement with, theemployer or contractor 1 [or both]; (g) "employer" means,-- (a) in relation to contract labour, the.....

Beedi and Cigar Workers (Conditions of Employment) Act, 1966 Complete Act

State: Central

Year: 1966

.....the official Gazette, appoint and different dates may be appointed by the State Government for different areas and for different provisions of this Act. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "adult" means a person who has completed eighteen years of age ; (b) "child" means a person who has not completed fourteen years of age ; (c) "competent authority" means any authority authorized by the State Government by notification in the official Gazette to perform all or any of the functions of the competent authority under this Act and for such areas as may be specified therein ; (d) "contractor" means a person who. in relation to a manufacturing process, undertakes to produce a given result by executing the work through contract labour or who engages labour for any manufacturing process in a private dwelling-house and includes a sub-contractor, agent, munshi, thekedar or sattedar ; (e) "contract labour" means any person engaged or employed in any premises by or through a contractor, with or without the knowledge of the employer, in any manufacturing process ; (f) "employee" means a person employed directly or through any agency,.....

Beedi and Cigar Workers (Conditions of Employment) Act, 1966 Section 44

Title: Power to Make Rules

State: Central

Year: 1966

.....to the competent authority specifying the quantity of tobacco released 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 Inspectors 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; (i) 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; (k) canteens; (1) the form and manner of notice regarding the periods 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 employee; (o) the manner in which the cash equivalent of the advantage 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.....

Beedi and Cigar Workers (Conditions of Employment) Act, 1966 Section 29

Title: Special Provisions

State: Central

Year: 1966

(1) The State Government may permit the wetting or cutting of beedi or tobacco leaves by employees outside the industrial permises 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 (1) 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 industrial 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.

Beedi and Cigar Workers (Conditions of Employment) Act, 1966 Section 39

Title: Application of the Industrial Disputes Act, 1947

State: Central

Year: 1966

(1) The provisions of the Industrial Disputes Act, 1947 (14 of 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 employees, (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, 1[shall be referred for settlement within such time and by such authority as the State Government may, by rules, specify in this behalf and such rules may also provide for the summary manner in which such dispute shall be settled.] (3) Any person aggrieved by a settlement made by the authority specified under sub-section (2) may prefer an appeal to such authority and within such time as the State Government may, by notification in the Official Gazette, specify in this behalf. (4) The decision of the authority specified under sub-section (3) shall be final. ________________________ 1. Substituted by Act 41 of 1993, sec. 9 for certain words.

Beedi and Cigar Workers (Conditions of Employment) Act, 1966 Section 33

Title: General Penalty for Offence

State: Central

Year: 1966

.....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 of Wages Act, 1936 (4 of 1936) with regard to the definition of wages, any compensation 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 as 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 was carried on by such person himself of by any member of his family or by any other person living with or dependant on such person.

Beedi and Cigar Workers (Conditions of Employment) Act, 1966 Section 41

Title: Power to Exempt

State: Central

Year: 1966

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 this section shall be constructed as empowering 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.

Beedi and Cigar Workers (Conditions of Employment) Act, 1966 Section 7

Title: Powers of Inspectors

State: Central

Year: 1966

.....be compelled under this section to answer any question or to give any evidence which may tend to incriminate himself: (b) require the production of any prescribed register and any other document relating to the manufacture of beedi or cigar or both; (c) enter, with such assistants as he thinks fit, at all times any place or premises including the residences of employees if he has reasonable grounds for suspecting that any manufacturing process is being carried on or is ordinarily carried on in any such place or premises; (d) exercise such other powers as may be prescribed. (2) If an Inspector has reasonable grounds for suspecting that any manufacturing process is being carried on in any establishment in contravention of the provisions of this Act, he may, after giving due notice to the employer or, in the absence of the employer, to the occupier, enter such establishment with such assistants, if any, as he may think fit. (3) Every employer or occupier shall accord to the chief Inspector or the Inspector, as the case may be, all reasonable facilities in the discharge of his duties under this Act.