(1) Every employer shall furnish to an Inspector such information as the Inspector may require for the purpose of satisfying himself whetber any provision of the Act or of the rule made thereunder has been or is being duly carried out.
(2) Where any information is required by the 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.
4rORM No. I (See Rules 3 and 4) Application for grant or renewal of licence for the financial year
1. Full name of the industrial premises.
2. () Full postal address and situation of the industrial premises, FORMS] sent,
3. Maximum number of cmployees proposed to be employed on any one day during the financial year.
U.P. BEEDI AND CIGAR wORKERS (CONDI. OF EMPLOY.) RULES, 1969 12
(it) Full address to which communications relating to the industrial premises should be
4. Full name and residential address of the person who shall be the employer for the purposes of the Act.
(itt) Full address of the applicant.#
5. If the employer is a partnership company, full name and residential address of other partners or dircctors. (See Note l at the 6 Financial resources of the employer e.g., particulars and value of movable and immovable properties, bank reference, income-tax assessment.
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.
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.
no.
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.
9. Previous experience of the applicant* in the industry.
Date
13. Whether the beedis 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.
year,
12. Source of obtaining tobacco.
14. Whether the plans of the premises are enclosed.
15. Amount of fee Rs.
enclosed.
I hereby declare that the particulars furnished by me in the form are to the best of my knowledge and belief accurate.
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, the said other person or persons or company 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.
Licence No.
(rupees *The applicant for licence may, however, be either the contractor or the employer.
Note 2,-(1) This form shall be completed in ink in block Jetters or typed.
Registration No.
) paid in Treasury on vide challan
(2) If any person named against Item 5 is a minor the fact shall be stated clearly.
Licence is hereby granted to valid only for the premises described not more than.
Signature of applicant* FORM No. II (See Rule 5) Fee Rs.
below for use as industrial premises employing . employees on any one day during the . .subject to the conditions specified in annexure.
126 U.P. BEEDI AND cIGAR WORKERS (CONDI. OF EMPLOY.) RULES, 1969 [PoRMs The licence shall remain in force till the 31st day of March.
Name of industrial premises.
Situation of the industrial premiscs.
Date Permission is also granted for the installation of power-driven machinery.
Signature and seal of the competent authority.
Date of renewal Date
1.
2.
3.
4.
RENEWAL (RULE 4) Fees paid for renewal ANNEXURE Signature and seal of the competent authority.
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.
Date of expiry
3. Power-driven machinery not specified in the licence shall not be used in the manufacturing process in the premises.
5. The licence shall not be transferable.
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 on such premises.
FORM No. III [Se Rules 10(2), 14(3), 21(6)(6)] Record of white-washing, colour-washing, varnishing, painting and cleaning aNl u.P. BEEDI AND GIGAR wORKERs (cONDI. OF EMPLOY.) RULES, 1969 127 Name of the industrial premises On working days From To From To On partial working days From To From To Weekly holidays Name of the employee FORM No. IV not [See Rule 22(1)] Whether young person or 2 Notice of periods of work A Place Period of work Men (Total number of men employed Date on which this notice comes into force 123 2 3 123 123 123 B C FORM No. V Week ending.
[See Rule 22(2)] Total hours worked during the week Women and young per (Total number of women and young persons Separate page sha!l be allotted to cach employee.
SOns D employed 12 Register showing hours of work including overtime Figures 1, 2, 3, relate to Ist, 2nd and 3rd shifts or relays District E 12 12 4 extent of such overtime on cach occasion Description of groups Group Date on which overtime work is done and ( ette Nature of work A B D F Remarks Extent of overtimne worked during the week 5 128 U.P. BEEDI AND CIGAR WORKERS (CONDI. OF EMPLOY.) RULES, 1969 [Rons Serial No.
Date of cntry into service 1
1. Calendar year of service.
2. Wage period from.
Register of Leave with Wages (Regular Employees) Leave Book
7. Leave enjoyed from.
[Se Rules 24(1) and 25(1)] Name of establishment
3. Number of days of work performed during the calendar year etc.
.to.
4. Balance of leave from the preceding year.
6. Total of columns (4) and (5).
8. Balance of leave to credit.
FORM No. VI
5. Leave earned during the year mentioned in column (1).
2
12. Date of amount paid.
13. Remarks.
1. Name of establishment.
2. Serial No.
9. Normal rate of wages, i.e., daily average of full time earnings in cash.
10. Cash equivalent of advantage accruing through concessional sale of foodgrains, ..to.
11. Rate of wages for the leave period [total of columns (9) and 10)].
Leave at credit Adult/young person Name Father's Name Date of joining the establishment Date of discharge Date and amount of payment made (Separate page shall be allotted to each employec.)
FORM No. VII in lieu of leave due [See Rules 24(2) and 25(1)] Register of Leave with Wages (Home workers) Leave Book FORMS U.P, BEEDI AND CIGAR WORKERS (CONDI, OF EMPLOY.) RULES, 1969 129
4. Name of employee and age.
4 Father's/husband's name, E Date of entry into service.
6 Date of discharge.
, Amount paid in licu of leave.
R. Calendar year of service.
9. No. of days worked during the year.
10.
Balance of leave from preceding year.
11. Leave carned during the year mentioned in Column 8.
12. Total of Columns 10 and 11.
13. Leave enjoyed from.
14. Balance of leave to credit.
C Cash equivalent of advantage accruing through concessional sale of foodgrains, if any.
Normal rate of wages, i.e., daily average of full-time earnings in cash.
17. Rate of wages for the leave period (total of Columns 15 and 16).
18. Date and amount paid,
19. Remarks.
at FORM No, VIII at [See Rule 26(3) (")] Sri 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.
Notice to the employer under clause (b) of sub -section (2) of Section 31 The appeal has been posted for hearing on 196 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 deter mined in your absence.
FORM No. IX [See Rule 26(3)(6)] the at Notice to the embloyee under clause (b) of sub-section (2) of Section 31 Your appeal has been posted for hearing on the a.m.Jp.m.
an that day to prove the claim.
Ses on whose evidence and all determined in your absence.
determine n default of your days of a.m./p.m.
A�pellate uthority.
day of You should appear before the Appellate Authority You must be prepared to proauee on that day all the to rely in suppo documents upon which you appearance on that day, the matter will be heard ar 19 Appellate Authority 130 U.P. BEEDI AND cIGAR WORKERS (CONDI. OF EMPLoY.) RULES, 1969 [FORMS Date Date
1. Serial Number.
2. Date of application.
3. Name or names, parentage, address or addresses of applicants or some or all of the applicants.
5. Substance of the dispute.
4. Name and address of the employer.
7. Documents seen.
6. Plea of parties and the examination, if any.
Record of Decisions of Order 10, Decision.
FORM No. X
8. Substance of the evidence taken.
[See Rule 27(1)]
9. Finding and brief statement of reasons therefor.
2. Number and date of licence.
4. Name of the employer.
1. Name of the industrial premises and full postal address.
FORM No. XÊ (See Rule 32) ment.
3. Month to which the return relates.
Monthly Return
5. Name of the principal employer if the employer is working as contractor for principle employer.
6. Quantity of beedi and/or cigar tobacco released by the Central Excise Depart
7. Quantity of beedi and/or cigar tobacco supplied by the principal employer.
3. Name of the employer.
8. Number of beedis 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.
2. Number and date of licence.
Signed.
FORM No. XII [See Rule 32] " 1, Name and address of the Industrial premises.
Annual Return Signature of employer.
EORMS] U.P. BEEDI AND CIGAR WORKERs (coNDI, OF EMPLOY.) RULES, 1969 131
4. Name of the principal employer if the employer is working as contractor tor a principal employer.
Date
5. *Average number of employees employed daily in the industrial premises- Men Young persons Women Male
6. Average monthly number of home workers employed (i.e., who work in their homes).
Female
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 werc granted leave during the calendar year Young persons Other than young persons Serial No.
year :
10. Number of female employees who were given maternity benefit during the Cerified that the information furnished above is to the best of my knowledge and belief correct.
Name Note.-Partial attendance for les than half a shift of working day shall be neglected and attendance for half a shift or more shall be treated as full attendance.
Name and address of the industrial premises 2 *The average daily number shall be calculated by dividing the aggregate number of attendance of working days by the number of the working days in the year. Attendance on separate shifs, e.g., night and day shifts shall be counted separately.
Designa tion
(a) Employed in the industral permises.
**The average shall be calculated by dividing the aggregate mumber of workers on the Home-Workers Employment Register during each of the preceding 12 months by twelve.
FORM No. XIII 3
(6) Employed in homes.
[See Rule 33(1)] Muster-roll of employees
(a) Employed in the industrial premises.
(6) Employed in homes.
4
(a) Employed in the industrial premises.
5
(6) Employed in the homes.
Group Realy Shift number Signature of the employer.
6 Date.
Period of work 7 Remarks 8 132 U.P, BEEDI AND CIGAR WORKERS (CONDI. OF EMPLOY.) RULES, 1960 r Date 1
1. Name of the home-worker.
3.
2. Address of the home where manufacturing process is carried on, Month.
Whether work was done 2 Name Designation FORM No. XIV Total number of days worked in the month.
2 Account of the work done at homes Name of Address of Wages paid worker home (See Rule 33(2)] 3 Date on which overtime has been worked FORM No. XV [See Rule 33(3)] Home-workers Employment Register (Beedis manufactured should be shown in respect of each home-worker below the appropriate date) No. of beedis/cigars manufactured Month ending...
FORM No. XVI [See Rule 33(5)] Register of overtime work 3 Extent of overtime 4 Date and signature or thumb-imbression of the home-worker.
123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Month ending.
Dates 5 19 Total overtime worked or pro duction in case of piece workers Wages received Normal hours 6 4 Normal rate of pay 7 NOTI. U.P. BEEDI AND CIGAR WORKERS (CONDI. OF EMPLOY.) RULES, 1969 133 Overtime earnings Date Normal Overtime carnings carnings an 10 2 Cash equivalent of advantage accru ing through the concessional sale of foodgrains Place or places where outside work was permitted FORM No. XVII etc.
[See Rule 34] industrial premises.
11 Record of outside work Name and date of Government Order permitting work outside the 3 Nature of work NOTIFICATION
(1) Appellate Authority
(2) Total carnings 12 Competent Authority Date on which overtime pay ment made Name of employee 4 13 English translation of Shram Anubhag-5, Noti. No. 3689 (V) |XXXVI-5� 5(V)-71, dated December 11, 1975, published in U.P. Gazette, Extra., dated 1lth December, 1975, þ. 1 Remarks In exercise of the powers under Section 5 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Act No. 32 of 1966), the Governor is pleased to specify all the Additional Labour Commissioners in Utar Pradesh to be appellate authorities for the whole of Uttar Pradesh to whom appeal may lie under Section 5 of the said Act against the decision of the competent authority.
5 English translation of Shram Anubhag-5, Noti. No. 4099(V)JxXXVI-5� 5(V)-71, dated December l1, 1975. published in U.P. Gazette, Exlra., dated 11th December, 1975, þ. 2 In exercise of the powers under Section 2(0) of the Beedi and Cigar 134 U.P, BEED0 AND CtOAR WORKERS (cONDI. OF EMPLOY.) RULES, 1969 [No Workers (Conditions of Employment) Act, 1966 (Act No. 32 of 1966), the Governor is pleased to authorise all Assistant Labour Commissioncr and Deputy Labour Commissioners in Uttar Pradesh to perform all the functions of the competent authority under the said Act within the local limir their respective jurisdiction.
( 3 ) English translation of Shram Vibhag, Anubhag-3, Noti No. 1440(V)| XXXVI-328(V)-77, dated August 16, 1977, published in U.P."
Gazette, Pat 1, dated 27th August, 1977, þ. 2415 In exercise of the powers under sub-seciion (c) of Section 2 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Act No. 32 of 1966), the Governor is pleased to authorise the Additional Labour Commis sioner, Allahabad and the Regional Additional Labour Commissioner, Kanpur to perform all the functions of the competent authority under the said Act within the local limits of their respective jurisdiction.
(4) Exemption to Home Workers English iranslation of Shram Anubhag-3, Noti. No. 1638(VJXXXVI 3-4(B.C.)-78, dated February 23, 1979, published in U.P. Gazette, Extra., datsd 23rd February, 1979, p. 2 In exercise of the powers under Section 41 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Act No. 32 of 1966), the Governor is pleased to exempt from the provisions of Sections 26 and 27 of the said Act, the home workers, subject to the following conditions: (1) That in lieu of the period of leave earned under provisions of sub-section (1) of Section 26 of the said Act the home workers shall be paid additional financial advantage in fortnightly instal ments ;
(2) That the amount of this additional financial advantage shall be equal to 5 per cent of the wages for the total number of beedis made by the home workers;
(3) That this additional financial advantage shall be payable from 1977 and the amount of arrear on this account shall be paid in three equal instalments on March 31, 1979, June 30, 1979 and September 30, 1979;
(4) That this exemption shall not be applicable in respect of any women employece.
( 5) Beedi and Cigar Establishments-Payment of Wages Act and Rules Applied to U.P.
English translation of Shram Anubhag-3, Noti. No. 219(V)74-5-99(V)-74, dated 19th April, 1975, published U.P. Gazette, Part 1-A, dated 19th April, 1975, þ. 967 In exercise of the powers under sub-section (1) of Section 28 of the NoTI.] U.P. BEEDI AND CIGAR WORKERS (cONDI, OF EMPLOY.) RULES, 1969 135 Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Act No. 32 of 1966), the Governor is plcased to direct that with effect from the date of publication of this Notification in the O ficial Gazette, the provisions of the Payment of Wages Act, 1936 (Act No. IV of 1936), and the rules made thereunder shall apply to all or any class of employees in establishment or class of establishments to which the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, applies.
(6 ) English translation of Shram Anubhag, Noti. No. 837|XXXVI-3 -6(BC.)
89, dated july 25, 1990, þublished in U.P. Gazette, Extra., Part 4, Section (kha), dated 25th July, 1990, þ. 2 In exercise of the powers under sub-section (1) of Section 6 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Act No. 32 of 1966) read supersession of Notification No. 3826(ST) /279(ST)-65, dated August 9, 1971, the Governor is pl eased to appoint the following officers to be the Inspectors for the purposes of the said Act for the whole of Uttar Pradesh:
1. Labour Commissioner, Uttar Pradesh.
2. All Additional Labour Commissioners.
3. All Deputy Labour Commissioners.
4. All Assistant Labour Commisioners.
5. All Labour Enforcement Officers.
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