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The Beedi and Cigar Workers (Conditions of Employment) Rules, 1967

Last Updated 10th February, 2020 [ass063]

Chapter I

Preliminary

(a) "Act" means the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Central Act 32 of 1966);

(b) "Form" means a Form appended to these Rules;

(c) "Section" means a section of the Act.

Chapter II

Licensing of Industrial Premises

(a) Plans in triplicate, showing-

(i) the site of such place or premises, the areas therein to be used for manufacturing processes and the immediate surroundings of such place or premises, including adjacent buildings structures roads, drains and the like; and

(ii) the plant, elevation and necessary cross sections of the details relating to natural lighting ventilation, means of escape in case of fire, position of the plant and machinery, if any, used, aisles end, passage-ways in or in relation to the various buildings which are intended to be used for manufacturing processes;

(b) the treasury receipt showing that the appropriate fee for the licence as specified in Rule 8 has been paid.

(a) the licence sought to be renewed;

(b) the treasury receipt showing that the appropriate fee for the renewal of the license specified in Rule 8 has been paid.

(i) the manufacturing process shall be carried on only in that part of the industrial premises specified for the purpose in the licence;

(ii) the maximum number of employees employed in the industrial premises shall not on any day exceed the number specified in the licence;

(iii) power-driven machinery not specified in the licence shall not be used in the manufacturing process in the premises;

(iv) except with the prior permission in writing of the competent authority the industrial premises shall not be extended and except with the like permission, no structural alterations shall be made in any building Or such premises;

(v) the licence shall not be transferable;

(vi) except as provided in Rule 9, the fees paid for the grant, or as the case may be, renewal of the licence shall be non-refundable.

(a) be made in writing within a period of thirty days from the date of receipt of the order sought to be appealed against;

(b) be accompanied by a treasury receipt showing that the appropriate fee in respect of the appeal as specified in Rule 8 has been paid.

Table

(a) rupees fifteen - in the case of an appeal against an order refusing to grant or renew a licence in respect of any place or premises the maximum number of employees proposed to be employed whereon is one hundred or more;

(b) rupees ten - in any other case.

Chapter III

Health and Welfare

(a) accumulations of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and passages of work rooms and from stair cases and passages and disposed of in a suitable manner;

(b) the floor of every work room shall be cleaned at least once in every week by washing using disinfectant, where necessary, or by some other effective method :

(c) all inside walls and partitions of ceilings of rooms and of walls, sides and staircases shall-

(i) where they are painted or varnished or where they have smooth-polished impervious surface, be cleaned with fresh water and dried at last once in every period of fourteen months;

(ii) where they are painted or varnished, re-painted or revarnished, at least once in every period of five years;

(iii) in any other case, be kept white-washed or colour-washed at least once in every twelve months.

(a) The creches shall be conveniently accessible to the mothers of the children accommodated therein and so far as is reasonably practicable it shall not be situated in close proximity to any part of the industrial premises where obnoxious fumes, dust or odours are given off;

(b) the room or rooms used as creches shall be soundly constructed and all the walls and roofs thereof shall be of heat-resisting materials and shall be water-proof;

(c) the floor and internal walls of the creche up to a height of 1.2 metres shall be so laid or furnished as to provide a smooth and impervious surface;

(d) the height of each room used as creche shall not be less than 3.7 metres from the floor to the lowest part of roof and there shall not be less than 1.9 sq. metres of.floor area for each child to be accommodated therein;

(e) effective and suitable provision shall be made in every part of a creche for securing and maintaining adequate ventilation by the circulation of fresh air ;

(f) the creche shall be adequately furnished and equipped and in particular there shall be made available-

(i) for each child of more than two years of age a suitable bedding ;

(ii) for each child of not more than two years of age a suitable cot or cradle with a necessary bedding ;

(iii) at least one chair and other suitable sitting accommodation for the use of each mother while she is feeding or attending to her child, and

(iv) a sufficient supply of suitable toys for the older children.

(a) the floor and internal walls of the room up to a height of 0.9 cm. shall be so laid and furnished as to provide a smooth and impervious surface ;

(b) the room shall be adequately laid and ventilated and the floor shall be effectively drained and maintained in a clean and tidy condition ;

(c) the supply of water for washing shall be from a hygienic source and if practicable shall be through taps ;

(d) supply for at least 22.7 litres of water per day for each child shall be made available;

(e) an adequate supply of clean clothes, soap and clean towels shall be made available for the use of each child ;

(f) adjoining the wash rooms, a septic tank latrine shall be provided for the sole use of the children in the creche and the same shall be kept clean and in a sanitary condition.

(i) six small sterilised dressing ;

(ii) three medium size sterilised dressings ;

(iii) three large size sterilised dressings ;

(iv) three large size sterilised dressings ;

(v) one (1 oz.) bottle containing salvolatile having the dose and mode of administration indicated on the liable ;

(vi) one (1 oz) bottle containing a 2 per cent alcoholic solution of iodine :

(vii) a snake bite lancet ;

(viii) one (1 oz) bottle of potassium permanganate crystals ;

(ix) One pair scissors ;

(x) eye drops ;

(xi) adhesive plaster.

(i) all inside walls of rooms and all ceilings and passages and stair cases shall be lime-washed or colour-washed at least once in each year or painted one in three years dating from the period when last lime-washed or colour-washed or painted, as the case may be ;

(ii) all wood-work shall be varnished and painted once in three rears dating from the period when last varnished ; or

(iii) all internal structural iron or steel shall be varnished or painted in three years dating from the period when last varnished or painted :

(b) The dates on which lime-washing, colour-washing, varnishing or painting is carried out shall be entered by the employer in the register maintained in Form III.

(b) The floor of the dining hall, excluding the areas occupied by the service counter and furniture except tables and chairs shall not be less than 93 sq. m. per diner to be accommodated as specified in Clause (a).

(c) A portion of the dining hall and service counter shall be partitioned off and reserved for women employees in proportion to their numbers. Washing places for women shall be separate and screened to secure privacy.

(d) Sufficient tables, chairs, or benches shall be available for the number or diners to be accommodated as specified in Clause (a).

(b) The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition. A service counter, if provided, shall have at top, smooth and impervious material. Suitable facilities including an adequate supply of hot water shall be provided for the clearing of utensils and equipment.

(c) Food and Food materials shall be stored in fly-proof sales and handled with the help of wooden ladles or suitable metal forceps whichever is convenient. Vessels once use shall be cleaned before being used again.

Chapter IV

Working Hours, Leave, Appeals in Cases of Dismissal, Etc.

(a) in the case of a notice to an employer, be in Form VIII; and

(b) in the case of a notice to an employee, be in Form IX,

Chapter V

Miscellaneous

(a) the issue by the employer of raw materials to the employee ;

(b) the rejection by the employer of beedi or cigar or both made by an employee; or

(c) the payment of wages for the beedi or cigar or both rejected by the employer;

Form No. I

[See Rules 3 and 4]

Application for grant of renewal of licence for the financial year............

1. Full name of the industrial premises....

2. (i) Full postal address and situation of the industrial premises...

(ii) Full address to which communications relating to the industrial premises should be sent...

(iii) Full address of the applicant...

3. Maximum number of employees proposed to be employed on any one day during the financial year.........

4. Full name and residential address of the person who shall be the employer for the purposes of the Act............

5. If the employer is a partnership, company, etc., full names and residential addresses of other partners or directors, etc. (See Note 1 at the end)....

6. Financial resources of the employer (e.g., particulars and value of moveable and immovable properties, bank reference, income-tax assessment, etc.).......

7. Whether the employer is a trade mark holder register under the Trade and Merchandise Marks Act, 1958...........

8. Value of beedies or cigars or both manufactured at the industrial premises during the proceeding financial year....

9. Previous experience of the applicant in the industry......

10. Source of obtaining tobacco.....

11. Whether the beedies or cigars or both manufactured by the applicant will be sold and marketed by himself or through a proprietor or a registered user of a trade mark registered under the Trade and Merchandise Marks Act, 1958, or any other person....

12. Whether the plans of the premises are enclosed.........

13. Amount of Rs..........(rupees ) paid in Treasury on..............vide Challan No............enclosed.

Signature of the applicant

Note I. - Where an industrial premises are run or proposed to run by a contractor for or on behalf of another person or persons or company etc., the said other person or persons or company etc., is under the Act the employer and particulars to be entered for "employer" in the Form should be in regard to such person, persons or company etc.

The applicant for licence may, however, be made either by the contractor or the employer.

Note II. - (1) This Form shall be completed in ink in block letters or typed.

(2) If any person named against item 5 is a minor, the fact shall be stated clearly.

Form No. II

[See Rule 5]

Licence

Licence No Fee : Rs............

Registration No.........

The licence shall remain in force till the 31st day of March.....

Name of industrial premises........

Situation of the industrial premises......

Permission is also granted for the installation of power-driven machinery.... Date......

Signature and Seal of the
competent authority    

Renewal

[See Rule 4]

Signature and seal of the
competent authority........

Annexure

1. The manufacturing process shall be carried on only in that part of the industrial premises as specified for the purpose in the licence.

2. The maximum number of employees employed in the industrial premises shall not on any day exceed the number specified in the licence.

3. Power-driven machinery not specified in the licence shall not be used in the manufacturing process in the premises.

4. Except with the prior permission in writing of the competent authority, the industrial premises shall not be extended and except with the like permission, no structural alteration hall be made in any building on such premises.

5. The licence shall not be transferable.

Form No. III

[See Rules 10(2), 14(3), 21(6) (b)]

Record of White-Washing, Colour-Washing, Varnishing and Painting and Cleaning

Form No. IV

[See Rule 22(1)]

Notice of Periods of Works

Figures 1, 2, 3 relate to 1st, 2nd
and 3rd shifts or relays.

Employer

Form No. V

[See Rule 22(2)]

Register Showing Hours of Work Including Overtime

Form No. VI

[See Rules 24(1) and 25(1)]

Register of Leave with Wages (Regular Employees)

Leave Book

Leave at Credit

Form No. VII

[See Rules 24 (2) and 25 (1)]

Register of leave with wages

[Home Workers]

(Separate pages shall be allotted to each employee)

Leave Book

1. Name of establishment..............

2. Serial No..............

3. Name of employee and age..............

4. Father's/husband's name..............

5. Date of entry into service..............

6. Date of discharge..............

7. Amount paid in lieu of leave..............

8. Calendar year of service..............

9. Number of days worked during the year...............

10. Balance of leave from preceding year...........

11. Leave earned during the year mentioned in column (8).............

12. Total of columns (10 and 11)............

13. Leave enjoyed from..............to...............

14. Balance of leave to credit..........

15. Normal rate of wages, i.e., daily average of full time earning in cash................

16. Cash equivalent of advantage accruing through concessional sale of foodgrains, etc., if any...............

17. Rate of wages for the leave period (total of columns 15 and 16).........

18. Date and amount paid................

19. Remarks..............

Form No. VIII

[See Rules 26 (3) (a)]

Notice to the employer under Clause (b) of sub-section (2) of Section 31

Appellate authority

Form No. IX

[See Rules 26 (3)(b)]

Notice to employee under Clause (b) of sub-section (2) of Section 31

Appellate Authority

Form No. X

[See Rules 27 (1)]

Record of Decision or Order

1. Serial No............

2. Date of application.............

3. Name or names, parentage, address or addresses of applicant or some or all of the applicants............

4. Name and address of the employer...............

5. Substance of the dispute............

6. Plea of parties and their examination, if any...........

7. Documents seen...............

8. Substance of the evidence taken..............

9. Finding and brief statement of the reasons therefor..............

10. Decision.............

Signed

Form No. XI

[See Rule 32]

Monthly Return

1. Name of the industrial premises and full postal address...............

2. No. and date of licence ..............

3. Month to which the return relates..............

4. Name of the employer................

5. Name of the principal employer, if the employer is working as contractor for principal employer.................

6. Quantity of beedi and/or cigar tobacco released by the Central Excise Department...................

7. Quantity of beedi and/or cigar tobacco supplied by the principal employer................

8. Number of beedi and/or cigars manufactured by the employer in industrial establishment...............

9. Number of beedis and/or cigars manufactured by the employer in places other than industrial establishment, i.e., workers working in their homes................

10. Number of beedis and/or cigars sold and to whom.................

Signature of employer

Form No. XII

[See Rules 32]

Annual Return

1. Name and address of the industrial premises................

2. No. and date of licence.............

3. Name of the employer................

4. Name of the principal employer if the employer is working as contractor for a principal employer................

5. Average number of employees employed daily in the industrial premises :

Men..............

Women...............

Young persons............

Male.............

Female...........

6. Average monthly number of home workers employed (i.e., who work in their homes).................

7. Normal hours worked per week in the industrial premises.................

8. Number of days worked in the year in the industrial premises..............

9. Number of employees who were granted leave during the calendar year-

Young persons :

(a) employed in the industrial premises..............

(b) employed in home ............

Other than young persons :

(a) employed in the industrial premises.............

(b) employed in homes..............

10. Number of female employees who were given maternity benefit during the year:

(a) employed in industrial premises .........

(b) employed in home..............

Signature of the employer

Note : Partial attendance for less than half a shift of working day shall be neglected and attendance for half a shift or more shall be treated as full attendance.

Form No. XIII

[See Rules 33 (1)]

Muster Roll of employees

Date.....

Name and address of the industrial premises.

Form No. XIV

[See Rules 33 (2)]

Home Workers' Log Book

1. Name of home worker.........

2. Address of the home where manufacturing process is carried on.

3. Month..

Account of the work done at homes

4. Total number of days worked in the month....

Date and signature or thumb-
impression of the home worker

Form No. XV

[See Rule 33(3)]

Home Worker's Employment Register

Month Ending.............

[Beedis manufactured should be shown in respect of each home worker below the appropriate date]

Form No. XVI

[See Rules 33 (5)]

Register of Over-time Work

Month Ending........

Form No. XVII

[See Rules 34]

Record of Outside Work