CHAPTER-I THE RAJASTHAN BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) RULES, .1969 CONSPECTUS
18. Washing facilities Preliminary
1. Short "tle
2. Definitions
(a) Act
(b) Form
(c) Section
CHAPTER-II ucensing of industrial Premises "
3. Form of Application for grant of Licence & Licence fee.
4. Applications for renewal fee.
5. Form, Terms & Conditions of licence.
6. Issue of Duplicate licences.
7. Appeals/section 5
6. Fees S. Refund of Fees
CHAPTER-Ill Health & Welfare
10. Cleanliness
11. Ventilation
12. Leterines
13. Urinals
14. Laterines &Urinals to be connected to sewage system whenever possible
15. White-washing and colouring of laterinos & urinals.
16. Construction & Maintenance of Drains
17. Water taps etc. in laterines
19. Creches
20. First Aid
21. Canteens
CHAPTER-lv Working hours, Leave, Appeals in cases of Dismissals ete
22. Notice & register of periods of work
23. Method of calculating cash equivalents of concessional sale of food grains etc.
24 Register of leave with wages
25. Leave Book
26. Appeal under section 36
CHAPTER-V Miscellaneoas
27. Disputes relating to Issue of raw materials by the employer
28. Supervision of Distribution of raw materials
29. Limit with regard to the rejection of beedis or cigars
30. Payments of wages to a home worker
31. Protection against fire
32. Returns
33. Maintenance of Certain registers 34 Record of out side work
35. Information required by Inspector
36. Notice to be sent by registered post Forms I to Forms Xvll THE RAJASTHAN BEEDI AND CIGAR WORKERS (CONDITloNS OF EMPLOYMENT) RULES,1969 Objects & Reasons:-The Beedi & Cigar Workers (Conditions of Employment) Act, 1966 was `formulated for the welfare of Beedi & Cigar Workers ,Section 44 of the Act gives powers to all the State Govts. to form state rules as they pleases so the state Govt. decided to formulate the Raj. Beedi & Cigar Workers (Conditions of Employment) Rules,1969 so as to provide a day to day idea to get a license, to renew the license & issuance of duplicate license etc.
[notification No. SO. 18/F. 1 (11) (21) L8&E/66, dated 7-3-1969, published in Rajasthan Gazette, Part lv-C, Sub-Part 11, Extra-ordinary, dated 7-3-1969] ln exercise of the powers conferred by section 44 of the Beedi & Cigar Workers (Conditions of employment) Act. 1966 (Central Act 32 of 1966), the State Government hereby publish the Rajasthan Beedi & Cigar Workers (Conditions of Employment) Rules,1969, the same having been published previously in Rajasthan Rajpatra, Extraordinary, Part Ill (8), Page 17 to 55, dated 8th February,1968, as required by sub-section (1) of section 44 of the said Act,namely :-
CHAPTER 1 Preliminary
1. Short title -These rules may be called the Rajasthan Beedi and Cigar Workers (Conditions of Employment) Rules,1969.
2. Definitions-in these rules, unless the context otherwise requires-
(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 11 Licensing of Industrial Premises
3. Form of application for grant of license and license fees.-(1) Every application under subsection (1) of section 4 for a license to use or allow to be used any place or premises as industrial premises shall be made in duplicate in Form I.
(2) The application shall be accompanied by the following documents namely :-
(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 plan, elevation and necessary cross section 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 and passage ways in or in relation to, the various buildings which are intended to be used for manufacturing processes;
(b) the Treasury Receipt or a Crossed Indian Postal Order, a Bank Draft as the case may be, showing that the appropriate fee for the license as specified in rules 3 has been paid.
(3) The application in duplicate together with the documents specified in sub-rule (2) shall be sent by registered post or delivered by hand under acknowledgement to the competent authority.
(4) Before granting of license; the competent authority shall also take into consideration whether the site of any industrial premises is proposed to be altered for whether any industrial premises has been closed, by the applicant during the period of twelve months immediately preceding the date of the application with a view to causing prejudice to the interests of the labour.
1[(5) The competent authority, after receiving application under sub-rule (1), shall grant a licence to the applicant within ten days of receipt of the application, if the applicant has complied with all the requirements as laid down in these rules."I
4. Applications for renewal.-(1) Every application for renewal of a license under section 4 shall be made in Form I. The application shall be accompanied by the following documents, namely:-
(a) the license sought to be renewed;
(b) the Treasury Receipt or a Crossed Indian Postal Order or a Bank Draft as the case may be showing that the appropriate fee for the renewal of the license as specified in rule 8 has been paid.
1. Added vide notification no.F13(19)shram/vidhi/2015 dated April., 26, 2016
(2) The application together with the documents specified in sub-rule(2) shall be sent by registered post or delivered by hand under acknowledgement to the competent authority,
(3) The provisions of sub-rule (4) of rule (3) shall, so far as may be,apply to an application made under this rule.
1"(4) The competent authority, after receiving application "under sub-rule (1), shall renew the licence within ten days of receipt of the application, if the applicant has complied with all the requirements as laid down in these rules,."
5. Form and terms and conditions of license.-(1) A license under section 4 shall be in Form 11.
(2) Every license granted or renewed under section 4 shall be subject to the following conditions, namely:-
(i) the manufacturing process shall be carried on only in that part of the industrial premises specified for the purpose in the license;
(ii) the maximum number of employees employed in the industrial premises shall not on any day exceed the number specified in the license;
(ii) power driven machinery not specified in the license shall not be used in the manufacturing process in the premises;
(lv) 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 on such premises;
(v) the license 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 license shall be non-refundable.
6. Issue of duplicate licenses.-(1) If license under section 4 is lost, Stolen or destroyed, the licensee shall forthwith report the matter to the competent authority by whom the license was issued, or as the case may be, last renewed and may make an application to that authority for the issue of a duplicate license.
(2) The application shall be accompanied by a Treasury Receipt or a Crossed Indian Postal Order or Bank Draft, as the case may be, showing that the fee for the issue of a duplicate license as specified in rule 8 has been paid.
(3) On receipt of the application, the competent authority shall grant to the applicant a duplicate copy of the license duly stamped ``duplicate" in red ink.
1. Added vide notification no.F13(19)shram/vidhi/2015 dated April„ 26, 2016
7. An appeals under section 5-An appeal under section 5 the Act shall-
(a) be made in writing within a period of thirty days from the date of the receipt of the order sought to be appealed against;
(b) be accompanied by a Treasury Receipt or a Crossed Indian Postal Order or a Bank Draft, as the case may be, showing that the appropriate fee in respect of the appeal as specified in rule 8 has been paid.
8. Fees.-(1) The fees to be paid for the grant or renewal of a license under section 4 shall be as specified in the Table below:- 1[ Tab,e Fees forindustrialpremisesinwhichpowerdrivenmachineryisused Fees forindustrialpremisesinwhichpowerdrivenmachineryisnotused
(1) (2) lf the number of employees proposed, to be employed on any loo/- 75/- day during the financial year for which the licence is required or renewed-:
(a) does not exceed ten.
(b) exceeds ten but does not exceed twenty. 200/- 15U/-
(c) exceeds twenty but does not exceed fifty. 450/- 325/-
(d) exceeds fifty but does not exceed hundred. 850/- 600/-
(e) exceeds hundred but does not exceed two hundred and 1625/-2900/- 1375/-2:flF/fJ/- fifty.
(f) Exceed tow hundred and fifty.
(2) The fees to be paid for the grant of a duplicate license shall be rupees five.
(3) The fees payable in respect of an appeal under section 5 of the Act shall be-
(a) rupees fifteen, in the case of an appeal against an order refusing to the grant or renew a license 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,
(4) The fees payable as specified in this rule shall be paid in the nearest Government Treasury under the head of account.-"Xxxll-Miscellaneous Social and Development Organisation, (a) Labour & Employment (b) Fees realised under the Beedi and Cigar Workers Act, 1966," or by a
1. Substituted vide notification no.F13(10)shram/vidhi/99 dated Sept. 04, 2000 Crossed Indian Postal Order or Bank Draft for the appropriate amount of fees drawn in favour of the Competent Authority.
9. Refund of fees.-(1) lf the competent authority refuses to grant or renew any license under section 4, it shall order the refund of the fees paid thereof.
2) lf no industry or manufacturing process connected with the making of beedi or cigar is carried on in an industrial premises at any time during the period of validity of the licence in respect thereof, the licensee may, within a period of three months from the last date of the financial year for which the licence was granted or renewed, apply to the competent authority for the refund of the fee paid by him for such licence and the competent authority shall, after making such enquiry as he may deem necessary and after satisfying himself about the correctness of the statements made in the application, order refund of such fee.
CHAPTER Ill Health and Welfare
10. Cleanliness.-(1) Every industrial premises shall be kept clean and free from effluvial, arising from any drain, privy or' other nuisance and in particular :-
(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 staircases 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 ceiling of rooms and of walls, sides and staircases shall-
(i) where they are painted or varnished or where they have smooth ,empervious surface, be cleaned with, fresh water and dried at least once in every period of fourteen months;
(ii) where they are painted or varnished, repainted or revarnished at least once, in every twelve months.
(iii) in any other case, be kept- white-washed or colour washed at least once, in every twelve months.
(2)The record of the dates on which white-washing ,colour washing, varnishing, painting or cleaning, as the case may be, `was carried out under sub-rule(1) shall be entered, by the employer in a register maintained in Form Ill.
11. Ventilation.-ln every work room or hall of an industrial premises, windows and other forms of opening for ventilation shall be provided in sufficient number to admit a continued supply of fresh air so as to keep the atmosphere inside such room or shall comfortable and free from dust, fumes and other impurity.
12.Latrines.-(1) Latrine accommodation shall be provided in every industrial premises (other than industrial premises where less than twenty persons are employed or inhere the latrines are Connected to a water borne sewage system) at the rate of one latrine seat for every twenty male employees: Provided that where the number of such male employees exceeds hundred, it shall be sufficient if there is one latrine seat for every twenty five male employees upto the first hundred and one seat for every fifty in excess thereof.
Exp/onotJ.on.-ln calculating the number of seats required in accordance with the provisions of this sub-rule, any odd number of employees less than twenty, twenty five or fifty, as the case may be, shall be reckoned as twenty, twenty five or fifty.
(2) Where female employees are employed on any industrial premises,separate latrine accommodation shall be provided for them in accordance with the same scale as the scale for male employees specified in sub-rule (1).
(3) Every latrine shall be under cover and every seat in the latrine shall be so partitioned of as to secure privacy and each partition shall have a private door and fastenings.
(4) Where employees of both sexes are employed on any industrial premises there shall be displayed outside each latrine block thereon a notice in the language understood by the majority of the employees reading `for men only" or, as the case may be, ``for women only" and such notice shall also bear the picture of a man or a woman as the case may be.
13. Urinals.-(1) Urinal accommodation shall be provided in every industrial premises (other than industrial premises where less than fifty persons are employed or where the latrines are connected to a water borne sewage system) and such accommodation shall not be less than 0.60 meters in length for every fifty employees:
Provided that where the number of employees employed on the premises exceeds five hundred, it shall be sufficient if there is one urinal for every fifty employees up to the first five hundred employees and one for every hundred in excess thereof.
Exp/onot/.on.-ln calculating the urinal accommodation required under this rule, any odd number of employees less than fifty or hundred, as the case may be, shall be reckoned as fifty or hundred,
(2) Where female employees are employed on an industrial premises, separate urinal accommodation shall be provided for them in accordance with the same scale as the scale for male employees specified in sub-rule (1).
14. latrines and Urinals to be connected to sewage system wherever possible.-When any general system of underground sewage with an assured water supply is provided for or exists in any particular locality, all latrines and urinals in an industrial premises in such locality other than a septic tank latrine, shall be connected with such sewage system. If the industrial premises is situated within 30.5 meters of that sewage system.
15. White-washing and colour-washing of latrines and urinals.-(1) The walls, ceiling and partitions of every latrine and urinal shall be white-washed or colour-washed and the same shall be repeated at least once in every period of four months.
(2) Nothing in sub-rule (1) shall apply in respect of walls and ceilings of, and partitions in, a latrine or urinal or any portions of such walls ceilings and partitions which are laid in glazed tiles or otherwise-finished to prove a smooth-polished impervious surface, but such walls, ceiling partitions or portions thereof shall be washed with suitable detergents and disinfectants at least once in every period of four months.
(3) The dates on which the white-washing or colour-washing is carried out under sub-rule (1) or, as the case may be, washing with detergents and disinfectants is carried out under sub-rule (2) shall be entered by the employer in the register maintained in Form Ill.
16. Construction and maintenance of drains.-All drains-work on an industrial premises for carrying waste or sullage water shall be constructed in masonary or other permeable materials and shall be regularly flushed and effluent disposed of by connecting such drains with suitable drainage lines:
Provided that where there is no such drainage line, the effluent shall be deoderised in order to render it inocudus and then disposed of.
17. Water taps etc. in latrines.-Where piped water supply is available, a sufficient number of water taps Conveniently accessible shall be provided in or near latrine on an industrial premises and where there is no continuous supply of water, water cisterns with cans shall to provided for washing purposes in or near such latrines.
18. Washing facilities-(1) There shall be provided and maintained in every industrial premises of the use employee engaged in blending and sieving of tobacco or warming of beedis in hot ovens adequate and suitable facilities for washing which shall include soap and nail brushes or other suitable means of cleaning and such facilities shall be conveniently accessible and shall be made available in clean and orderly condition.
(2) lf female employees are employed on any industrial premises separate washing facilities on the same fines as those Specified in sub-rule (1) in respect of male employees shall be provided for such female employees in enclosed or screened places in such manner that the Interior portions of such places are not visible from any place where male employees work or pass through and the entrance to every such place shall bear a notice in the language understood by the majority of the. employees reading "For women only" in bold and conspicuous letters and such notice shall also bear the picture of a woman.
(3) Water supply. for purposes of washing facmties under sub-rule (1) or sub-rule (2) shall be such as to provide at least 27.3 liters per day for each person employed in the industrial premises & such water shall be drawn from a hygienic source:
Provided that where an Inspector is satisfied that it is not practicable to make available water supply in accordance with the scale specified under this sub-rule, he may be a certificate in writing permit the supply of a lesser quantity which shall be in any case be not less than 4.5 liters per day for each employee.
19. Creches.-(1) The employer shall submit for the approval of the competent authority detailed plans in triplicate of the rooms to be constructed or adopted for use as creche under section 14.
(2) The creche shall conform to the following standards, namely:-
(a) the creche 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 creche shall be soundly constructed and all the waHs and roof thereof shall be of heat-resisting materials and shall be water proof;
(c) the floor and internal walls of the creche upto a height of 1.2 meters shall be so laid or finished as to provide a smooth impervious surface;-
(d) the height of each room used as a creche shall be not less than 3.7 meters from the floor to the lowest part of the roof and there shall not be less than 1.9 square meters of floor areas for each 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 end equipped and in particular there shall be made available-
(1) 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 the necessary bedding;
(iii) at least one chair or other similar 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.
(3) There shall be in or adjoining a creche, a suitable washing room for the washing of the children and their clothing and such room shall conform to the following standards, namely:-
(a) the floor and internal walls of the room upto a height of 0.90 c.in. shall be so laid or finished as to provide a smooth impervious surface;
(b) the room shall be adequately lighted 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 form a hygienic source and if practicable shall be through taps;
(d) supply of at least 22.7 liters 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-room, a septic type 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.
(4) The employer shall make available at least half a-pint of pure milk for each on every day it is accommodated in the creche and the mother of such child shall, in the course of daily work be allowed adequate intervals of not less than fifteen minutes to feed the child:
(5) In addition to providing milk in accordance with the provisions of sub-rule (4), the employer shall provide for children above two years of age who are accommodated in the creche an adequate supply of whole-some refreshment.
(6) The employer shall appoint a woman trained in the care of children and infants and sufficient number of ayahs for the purpose of looking after the children accommodated in a creche and he shall also provide suitable equipment and facilities for the purpose.
E*p/onof/.on-The number of ayahs to be appointed in the creche shall be calculated at the rate of one ayah for every thirty children.
(7) The employer shall provide for the staff employed in a creche suitable clean clothes for use while on duty in the creche.
Explanation.-ln this rule, `child' means a child under six years of age of a female employee.
20. First-aid.-(1) ln every industrial premises, there shall be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards containing the equipment specified in sub-rule (2) and the number of boxes or cupboards to be so provided and maintained shall not be less than one for every hundred and fifty employees ordinarily employed at any one time in the premises.
(2) The first-aid boxes or cupboards shall be distinctively marked with a red cross on a white back-ground and shall contain the following equipment, namely :-
(i) six small sterilised dressings;
(i) three medium-size sterilised dressings;
(iii) three large size sterilised dressings;
(iv) three large-size sterilised burn dressings;
(v) one (1 oz. ) bottle containing s 2 percent alcoholic solution of iodine,.
(vi) one (1 oz.) bottle containing salvolatile having the dose and mode of administration indicated on the lable;
(vii) a snake-bite lancet;
(viii) one (1 oz.) bottle of potassium permanganate crystals;
(ix) one pair scissors;
(x) eye drops;
(xi) adhesive plaster.
(3) Each first-aid box or cupboards shall be kept in the charge of a person who is trained in firstaid treatment and who shall always be readily available during the working hours of the industrial premises.
21. Canteens.-(1) The employer of every industrial premises wherein not less than 250 employees are ordinarily employed shall provide in or near, the industrial premises, a canteen.
(2) The canteen shall not be situated within 152 meters any latrine, urinal or any other source of dust.
(3) The canteen building shall consist of at least a dining hall, kitchen, store-room and pantry in addition to washing places separately for employees and for utensils.
(4) The minimum height of the building shall be not less than 37 meters and all the walls and roof shall be of suitable heat-resisting materials and shall be water-proof. There shall be provision adequate ventilation. The doors and windows shall be of fly-proof construction.
(5) The canteen shall be sufficiently lighted at all times when any person has access to it.
(6) (a) in every canteen-
(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 once 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 or painted once in three years dating from the period when last varnished or painted;
(iii) All internal structural iron or steel work shall be varnished or pain ted in three years dating from the period when last varnished or painted :
Provided that the inside portion of the walls of the kitchen shall be lime-washed once in every four months;
(b) The dates on which lime-washing, colour-washing, varnishing or painting is carried out shall be en`tered by the employer in the Register maintained in Form 111.
(7) The precincts of the canteen shall be maintained in a clean and sanitary condition. Waste water shall be carried away in suitable covered drains and shall not be aMowed to accumulate so as to cause a nuisance. Suitable arrangements shall be made for the collection and disposal of garbage.
(8) (a) The dining hall shall accommodate at a time at least 30 percent of the employees working at a time.
(b) The floor of the dining hall, excluding the area occupied by the service counter and any furniture except tables and chairs shall be not less than 93 square meters per dinner 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 number. Washing places for women shall be separate and screened to secure Privacy.
(d) Sufficient tables, chairs, or benches shall be available for the number of diners to be accommodated as Specified in clause (a).
(9) (a) There shall be Provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. Suitable clean clothes for the employees serving in canteen shall also be provided and Maintained.
(6) The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition. A service counter, if provided, shall have a top of smooth and impervious material.
Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment.
(c) Food and food materials shall be stored in fly proof safes and handied with the help of wooden ladles or suitable metal forceps whichever is convenient. Vessels once used shall be scalded before being used again.
(10) Food, drinks and other items served in the Canteen shall be served on a no profit, no loss basis.
CHAPTER IV Working hours, Leave, Appeals, in cases of Dismissal Etc.
22. Notice and register of periods of work.-(1) Every employer shall exhibit in his industrial premises a notice in Form lv specifying clearly the daily hours of work, intervals for rest and weekly holiday allowed to the employees or, as the case may be, to each class of employees.
(2) Every employer shall maintain a register showing the hours actually worked including overtime in Form V.
23. Method of calculating cash equivalent of concessional sale of food grains etc.-(1) The cash equivalent of the advantage accuring through the concessional sale to an employee of food grains and other articles shall be computed at the end of every wage period fixed under the provisions of the Payment of Wages Act,1936 (Central Act 4 of 1936).
(2) For the purposes of-section. 18, the cash equivalent of the advantage accruing through the concessional sale of food grains and other articles to an employee required to work Overtime shall be computed as a sum equivalent to the difference between the value of such food grains and other articles at the average market rates prevailing during the wage period in which the employee worked overtime and the concessional price thereof.
24. Register of leave with wages.-The employer shall in respect of employees employed in his industrial premises keep an up-to date register in Form Vl (hereinafter referred to as the register of leave with wages) (Regular Employees):
Provided that if the competent authority is of opinion that any muster roll or register maintained by the employer gives the particulars required for the enforcement of the provisions of sections 26 and 27, he may by order in writing permit such muster roll or register to be treated as the register required to be maintained under this sub-rule.
(2) The employer shall in respect of the employees who are permitted to work in their houses (hereinafter referred to as the home-workers) maintained an upto date register in Form Vll (here in after referred to as the Register of Leave with Wages) (home workers).
25. Leave Book.-(1) The employer shall provide each employee (including a home worker) with a book in Form Vl or Form Vll, as the case may be (hereinafter referred to as the Leave Book).
(2) The Leave Book shall be the property of the employee and the employer shall not demand it except for making entries there in and shall not keep in for more than a week at a time.
(3) lf an employee losses his Leave Book the, employer shall provide him with a duplicate copy on payment of six paise.
26. Appeals under section 31.-(1) The appellate authority for purpose of sub-section: (2) of section 31 shall be the Assistant/Deputy/Joint Labour Commissioner of the area or any other authority so notified by the State Government''.
(2) An employee who is discharged, dismissed or retrenched may prefer an appeal under subsection (2) of section 31 to the appellate authority Specified under sub-rule (1) within a period of thirty days from the date of communication of the order of such discharge, dismissal or retrenchment:
Provided that an appeal may be admitted after the said period of thirty days if the appellant Satisfies the appellate authority that he had sufficient cause for not Preferring the appeal within the Said period,
(3) The notice to be given by the appellate authority under clause (b)of sub-section (2) of section 31 shall-
(a) in the case of a notice to an employer, be in Form Vlll; and
(b) in the case of a notice to an employee, be in Form lx, and every such notice shall be Sent to the party concerned by registered Post acknowledgement due.
CHAPTER V Miscellaneous Z7. Disputes relating to issue of law materials by the employer.-(1) Any dispute between an employer and an employee or employees in relation to-
(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, may be referred in writing by the employer or the employee Or employees to the Regional Assistant Labour Commissioner of the area who shall, after making such enquiry as he may consider necessary -and after giving the parties an Opportunity to represent their respective cases decide the dispute and record the Proceedings in Form X.
1. Added vide notification no.F1(11)(21)shram/67 dated July„ 31,1985
(2) Any party to the dispute aggrieved by the decision thereon under sub-rule (1) may prefer an appeal within a period of thirty days from the date of decision to the Joint Labour Commissioner, Rajasthan Jaipur:
Provided that the Joint Lobour Commissioner may admit an appeal after the said period if the applicant satisfies such authority that he had sufficient cause for not preferring the appeal within that period.
28. Supervision of distribution of raw materials.-No employer shall, if he is required so to do by an Inspector by an order in writing, distribute, except under the supervision of the Inspector making the order or the supervision of another Inspector, raw materials to such employee or employees and during such period as may be specified ln the order;
29. Limit with regard to the rejection of beedis or cigars.-(1) No employer or contractor shall ordinarily reject as sub-standard or chhat otherwise more than five percent of the beedis or cigars, or both, received from a worker including a home worker.
(2) Where any beedi or cigar is rejected as sub standard or chhat or otherwise on any ground other than the ground of wilful negligence of the worker the worker shall be paid wages for the beedis or cigars so rejected at one half of the rate at which wages are payable to him for the beedis or cigars, or both, which have not been so rejected.
30. Payment of wages to a home worker.-Where raw materials are supplied a home worl(er at his home, the wages due to him shall also be paid at his home:
Provided that an Inspector may, if he considers it expedient so to do in the circumstances of any case, specify in respect of any home-workers any other place or places at which wages shall be paid.
31. Protection against fire.-Protection in every industrial premises the employer shall provide adequate fire-fighting equipment.
32. Returns.-The employer in respect of every industrial premises shall send to the competent authority on or before the loth day of every-month a monthly return in Form Xl and furnish to that authority an annual return in Form XIl on or before the 30th April of every year.
33. Maintenance of certain registers.-(1) Every employer shall, in respect of the employees employed on the industrial premises, maintain a muster roll in Form XIII, and entries therein shall be made at the commencement of the work each day.
(2) Every employer shall provide free of cost to each home-worker two books in F. XIV (hereinafter referred to as the home workers log books) and the home worker shall keep a record of the daily work done by him, the number of beedis and cigars manufactured by him and the wages received by him in the said book and the supply of books shall be so arranged that one book remains with the home worker at all times during the period between two successive supplies of raw materials by the employer.
(3) Every employer shall maintain home workers employment register in Form X\/ containing the names and particulars of all the home-workers employed under him and the entries in the register shall be made and kept up to date on the basis of the entries in the home workers logbooks.
(4) Every employer shall maintain a visitors book in which an Inspector visiting the industrial premises may record his remarks regarding any defect that may come to his notice at the time of his inspection and the employer shall produce such book whenever required so to do by the Inspector.
(5) Every employer shall maintain a register of overtime work in Form Xvl.
(6) An abstract of the Act and the rules made thereunder shall be displayed in some conspicuous part of every industrial premises.
(7) Every register referred to in this rule shall be preserved for a period of three years from the date of the last entry noted therein and shall be readily available for inspection during working hours of the industrial premises.
34. Record of outside work-The record to be maintained by the employer of the work permitted under sub section (1) of section 29 to be carried on outside the industrial premises shall be in form Xvll.
35. Information required by Inspector.-(1) Every employer shall furnish to an Inspector such information as the inspector may require for the purpose of satisfying himself whether any provision of the Act or of the rules made thereunder has been, or is being duly carried out.
(2) Where any information is required by an Inspector during the course Of his inspection and the required information is readily available, the employer shall forthwith furnish such information to the Inspector; and where any requisition for information is made by the Inspector at any other time, the information sought for shall be supplied by the employer within ten days from the date of receipt of the requisition.
36. Notice to be sent by registered post.-Every notice or order under the Act or the rules made thereunder addressed to any employer or beedi or cigar worker, shall be presumed to have been duly served if such notice has been sent by registered post.
FORM No. 1 (See rule 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 name and residential address of other partners of directors etc. (See Note 1 at the end).
6. Financial resources of the employer (e.g. particulars and value of movable and immovable properties, bank reference, income-tax assessment etc.), 7 Whether the employer is a trade mark holder registered under the Trade and Merchandise Marks Act, 1958.
8. Value of beedis or cigars or both manufactured at the industrial premises during the preceding financial year.
9. Previous experience of the applicant* in the industry.
10. Whether the proposed site of the industrial premises amounts to the alteration of the site of any existing industrial premises and, if so, the reasons for such alteration.
11. Whether any industrial premises was closed by the applicant during the period of twelve months immediately preceding the date of the application and, if so, the reasons therefor.
12. Sources of obtaining tobacco.
13. Whether the beedis or cigars or both manufactured by the applicant* will be sold and marked by himself or through a proprietor or a registered user of a trade mark registered under the Trade Merchandise Marks Act,1958, or any other persons.
14. Whether the plans of the premises are enclosed.
15. (i) Amount of fee Rs ........ „..(Rupees ............ ) Paid in Teasury on ...... vide challan No .............. enclosed.
(ii) Transmitted by a Crossed Indian Postal Order or a Bank Draft on the Bank Drawn/Post Office in favour of the competent authority.
I hereby declare that the particulars furnished by me in the form are to the best of my knowledge and belief accurate.
Date : Signature of applicant.
Note 1 :--Where an industrial premises are run or proposed to be 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 the contractor or the employer.
Note: (1) This form shall be completed in ink in block letters or type.
(2) lf any person named against item 5 is a minor, the fact shall be stated clearly, FORM No. 11 [See rule 5) Licence Licence No. Fee Rs..."..
Registration No.
Licence is hereby granted to.„.„.
Valid only for the premises described below for use as an industrial premises employing not more than -------- employees on any one day during the year ........... „.subject to the conditions specified in annexure.
The licence shall remain in force till the 31st day of March, Name Of industrial premises Date :
Permission is also granted for the installation or power-driven machinery.
Signature & Seal of the competent authority.
Date of renewal
1......
2......
3......
4......
Date:
Renewal (Rule 4) Fees paid for renewal Date of expiry Signature and Seal of the competent authority.
Annexure This licence is subject to the following conditions:-
1. The manufacturing process shall be carried on only in that part of the Industrial premises 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 alterations shall be made in any building or such premises.
S. The licence shall not be transferable.
FORM No. Ill [See rule: 10 (2),14 (3), 21 (6) (b)] Record of white-washing, colour-washing, varnishing and painting and cleaning.
Part of the industrial premises Parts white-washed, colour- Treatment whether white- (e.g., name of room) washed, pain- ted or - washed, colour-washed, painvarnished (e.g. walls, ceilings,woodworketc.) ted, varnished or cleaned.
1 2 3 ® r` i a C= cO On |J =Loa,>v,0i:a EEa,+ CE0 ® a troI J= u, C ® ® > ± a cOEL`C0Et`if 0 I LA aauE£ i .u_,_ 9E 'a' ~L£ C==_- a£o ia+J UCO `E PE :!
a, ¢ I d,o't:e£a, >`E i58 Ei ~0a EcOa.I :E Q1, FORM No. V [See rule Z2(Z)I Register showing hours of work including overtime Week ending ..............
Name of the Whether young Tota I ho u rs Date on which Extend of employer person or not worked during over time work is overtime worked the week done and extentofsuchovertimeoneachoccasion during the week
(1) (2) (3) (4) (5) FORM No. VI |See rule 24(1)&25] Register of Leave with wages (Regular Employees) LEAVE BOOK Name of establishment Serial No.
Date of entry into service Leave at credit Audit/young person Name Father's name Date of joins the establishment Date of discharge Date and amount of payment made in lieu of leave due.
Calendar year of Wage period Number of days Balance of leave Leave earned service From to of work from the during the year performed during procedingyear mentioned in the calendar year column 1
(1) (2) (3) (4) (5) Total of columns Leave enjoyed Balance of Leave Normal rate of Cash equivalent
(4) and (5) From to credit wages, i.e., daily of advantage average of full- accruing through time earnings in concessional sale cash of food grains etc.
(6) (7) (8) (9) (10) Rate of wages for the period(totalofcolumn(9)and(10) Date and amount paid Remarks
(11) (12) (13) Separate page shall be allotted to each employee.
FORM No. Vll [See rule 24 (2) and 25 (1)) Register of Leave with Wages (Home Worl(ers) 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. No. 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) & (11).
13. Leave enjoyed from .......... „ to ......
14. Balance of leave to credit.
15. Normal rate of wages, i.e. daily average of full-time earnings in cash.
16. Cash equivalent of advantage accruing through concessional sale of food-grains. etc., if any.
17. Rate of wages for the leave period I(total of columns (15) and (16)I
18. Date and amount paid.
19. Remarks.
FORM No. Vlll (See rule 26 (3) (a)I Notice to the employer under clause (b) of sub-section (2) of section 31.
has appealed to the Appellate Authority under clause (a) of sub-section (2) of section 31 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, against the orders of his discharge/ dismissal/retrenchment. A copy of his appeal petition is enclosed.
The appeal has been posted for hearing on the day of ....... at .............. a.in./p.in. at ,....... You should appear before the Appellate Authority on that day and answer the claims, You must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence. In default of your appearance on that day, the matter will be heard and determined in your absence.
Appellate Authority.
FORM No. IX (See rule 26 (3) (b)I Notice to the employee under clause (b) of sub-see. (2) of Section 31.
Your appeal has been posted for hearing on the day of .... „ ..„...20 .......... at ....... a.in./p.in You should appear before the Appellate Authority on that day to prove the claim. You must be prepared to produce on that day all the witnesses on whose evidence and all documents upon which you intend to rely in support of your case. In default of your appearance on that day, the matter will be heard and determined in your absence.
Appellate Authority.
FORM No. X [See rule 27 (1)) Record of Decision or Order
1. Serial No.
2. Date of application
3. Name or names, parentage, address or addresses of applicants 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 statements of the reasons therefor.
10. Decision.
Date....... Signed FORM No. Xl (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 beedis and/or cigars manufactured by the employer in Industrial establishment.
9. No. 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 & to whom.
Date....... Signature of Employer FORM No. Xll (See sule 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 No. 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 homes.
Other than young persons
(a) employed ln the industrial premises.
(b) employed in homes.
10. No. of female employees who were given matemity benefit during the year:
(a) employed in industrial premises.
(b) employed in hones.
Certified that the information furnished above is to the best of may knowledge and belief correct.
Date ....... Signature of the Employer Note:-Partial attendance for less than half a shift of working dav shall be neglected and attendance for half a shift or more shall be treated as full attendance.
**The average daily number shall be calculated by dividing the aggregate number of attendance of working of days by the number of the working days in the year. Attendance on separate shifts, e. g„ night and day shifts shall be counted separately.
**The average shall be calculated by dividing the aggregate No. of workers on the Home- Workers Employment Register during each of the preceding 12 months by twelve.
FORM No. XllI [See rule 33 (1)) Muster Roll of Employees Name and address of the Industrial premises ..„..
Date...
S.No. Name Designation Group Relay ShiftNumber Period ofwork Remarks
(1) (2) (3) (4) (5) (6) (7) (8) FORM No, XIV [See rule 33 (3) I Home-Workers Log Book
1. Neme of the home-worker.
2. Address of the home where manufacturing process is carried on.
3. Month :
Account of the Work done at Homes Date Whether work was No. of beedis/cigars Wages received done manufactured
(1) (2) (3) (4)
1. 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)I Home-Workers' Employment Register (Beedis manufactured should be shown in respect of each home worker below the appropriate date.)
Name of Add ress of Wages paid Worker Home 1 2 3 4 5 6 7 8 9 10 Dates 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 FORM No. Xvl [See rule 33 (5)I Register Of Over-time Work Month ending ............ 20 Name Designation Date on Exte nt of Tota I ove r- Normal hours which overtimehasbeenworked over-time time workedorproductionincashofpieceworkers 1 2 3 4 5 6 Normal Over-time Normal Over-time Cash Total Date on rate of pay rate of pay earnings earnings equivalentofadvantageaccruningthroughtheconcessionalsaleoffoodgralns,etc. earnings which overtimepaymentmade 7 8 9 10 11 12 13 FORM No. Xvll (See rule 34) Record of Outside Work Number and date of Government's order permitting work outside the Industrial Premises Date Place or places Nature of work Name of Remarks where outsideworkwaspermittd employees 1 2 3 4 5 NOTIFICATIONS UNDER THE BEEDI AND CIGAR WORKERS (CONDITloNS 0F EMPLOYMENT) ACT,1966 LABOUR AND EMPLOYMENT DEPARTMENT Notification S. 0. 40, dated March 19,1969 ln exercise of the powers conferred by sub-section (3) of section 1 of the Beedi & Cigar Workers (Conditions of Employment) Act, 1966 (Central Act 32 of 1966), the State Govt. hereby appoints the 19th March,1969 as the date when section 3 of the said Act, shall come into force in the-State of Rajasthan.
1. (Pub. in Raj. Gaz. Ex. 4 (Ga) (Il)-Dt.19-3-69 Page 1190).
LABOUF` & EMPLOYMENT DEPARTMENT 2Notilication No.-F.1 (11) (21) L&E/67, dated May 31,1969.
S. 0. 45.-ln exercise of the powers conferred by sub-section (1) of section 28 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Central Act 32 of 1966) the State Government hereby directs that the provisions of the Payment of Wages Act,1936 (Central Act 4 of 1936), and the rules made there under shall apply to all classes of employees in establishments to which the former Act, namely, Central Act 32 of 1966, applies.
2. [Pub. in Raj. Gaz. Extra-ordi. Part-lv C, dated 31-5-1969 P, 80.I GOVERNMENT OF RAJASTHAN LABOUR DEPARTMENT No.F.13(10)Shramrvidi/99 2000 Jaipur, dated :-4 SEP NOTIFICATION ln exercise of the powers conferred by section 44 of the Beedi & Cigar Workers (Conditions of Employment) Act, 1966 (Central Act 32 of 1966), the State Government hereby makes the following rules further to amend the Rajasthan Beedi & Cigar Workers (ConditioNS of Employment ) Rules, 1969, the same having been previously publish in Rajasthan Gazette, Extraordinary part 3(Kha) dated 27.4.2000, as required by sub-section 3 of section 44 of the said Act, namely :- RULES
1. Short title and commencement :-
(i) These rules may be called the Rajasthan Beedi & Cigar Workers(Conditions of Enploymen (Amendment) Rules, 2000
(ii) They shall come into force on the date of their final publication in the official gazette.
2. The existing rule 8 sub-rule(1) of the Rajasthan Beedi & Cigar workers (Conditions of Employment) rules,1969 shall be substituted by the following :- "(1) The fees to be paid for the grant or renewal of a licence under section 4 shall be as specified in the table below:
Fees forindustrialpremisesinwhichpowerdrivenmachineryisused Fees forindustrialpremisesinwhichpowerdrivenmachineryisnotused
(1) (2) lf the number of employees proposed, to be employed on any 100/- 75/- day during the financial year for which the licence is required or renewed-:
(a) does not exceed ten.
(b) exceeds ten but does not exceed twenty. 200/- 150/-
(c) exceeds twenty but does not exceed fifty. 450/- 325/-
(d) exceeds fifty but does not exceed hundred. 850/- 600/-
(e) exceeds hundred but does not exceed two hundred and 1625/- 1375/- fifty. 2:fycol- 2:SFrol-
(f) Exceed tow hundred and fifty.
BY ORDER AND IN THE NAME OF THE GOVERNOR Dy. Secretary to the Govt.
COPY TO :-
1. Director, Printing & Stationary, Rajasthan, Jaipur for publication in the extra-ordinary official gazette.
2, Divisional Jt/Dy/Asstt.Labour ComnissLoner, ececeee ;
3, Labour welfare Officer
4. Jt.Labour Commissioner lR/Law/Hq., Jaipur.
5. Guard file Dy. Secretary to the Govt.
in 4 tr) q.RE(1) iTffl FitFTT ae7T 3TH ¥Tca qTfaan aTqT di fa5a Ira giv OrTan, "-fan 3TrR d tlfife ed 5T) HFTTq ap fin I LABOUR DEPARTMENT NOTIFICATION Jaipur, April 25, 2016 G.S.R. 5 .- ln exercise of the powers conferred by section 44 of the Beedi & Cigar Workers (Conditions of Employment) Act, 1966 (Central Act 32 of 1966), the State Government hereby makes the following rules further to amend the Rajasthan Beedi & Cigar Workers (Conditions of Employment) Rules,1969, the same having been previously published in Rajasthan Gazette, Extraordinary part 3 (kh) dated Novermber 6, 2015 as required by sub-section (3) of section 44 of the said Act, namely :- RULES .
1. Short title and commencement.-(1) These rules may be called the Rajasthan Beedi and Cigar Workers (Conditions of Employment) (Amendment) Rules, 2016.
(2) They shall come into force on the date of their final publication in the Official Gazette,
2. Amendment Of rule 3.-After the existing sub-rule (4) or rule 3 of Rajasthan Beedi and Cigar Workers (Conditions of Employment) Rules, 1969, herein after referred to as the said rules, the following new sub-rule (5) shall be added, namely :-
(5) The competent authority, after receiving application under sub-rule (1), shall grant a licence to the applicant within ten days of receipt of the application, if the applicant has complied with all the requirements as laid down in these rules."
3. Amendment of rule 4.-After the existing sub-rule (3) of rule 4 of the said rules, the following new sub-rule (4) shall be added, namely :- '`(4) The competent authority, after receiving application "under sub-rule (1), shall renew the licence within ten days of receipt of the application, if the applicant has complied with all the requirements as laid down in these rules,."
[No.F.13(19)Shram/Vidhi/ 2015] By Order of the Governor, Dhan Raj Sharma, Additional Labour Commissioner & Joint Secretary to Government.
Government Central Press, Jaipur.
LABOUR DEPARTMENT NOTIFICATION Jaipur, July 31, 1985.
G.S.R. 39.-ln exercise of the powers conferred by section 44 of the Beedi & Cigar Workers (Conditions of Employment) Act 1966 (Central Act-No. 32 of 1966), the State Government makes the following amendment, the same having been published previously in Rajasthan Rajpatra Part 3 (Kha) Page 9 dated 21-3-1985, as required by sub-section (1) of section 44 of the said Act, namely,- RULES
1. Short title :-These rules may be called the Rajasthan Beedi & Cigar Workers (Conditions of Employment) (Amendment) Rules,1985.
2. For sub rule (1) of rule 26' of the Rajasthan Beedi & Cigar Workers (Conditions of Employment) Rules,1969, the following shall be-substituted, namely: - ``(1) Appeal under section 31.-(1) The appellate authority for purpose of sub-section:
(2) of section 31 shall be the Assistant/Deputy/Joint Labour Commissioner of the area or any other authority so notified by the State Government".
(No. F.1 (11) (21) Shram/67.)
By Order of the Governor, Special Secretary to Government.