State of Madhya Pradesh - Act
The M.P. Beedi and Cigar Workers (Conditions of Employment) Rules, 1968
MADHYA PRADESH
India
India
The M.P. Beedi and Cigar Workers (Conditions of Employment) Rules, 1968
Rule THE-M-P-BEEDI-AND-CIGAR-WORKERS-CONDITIONS-OF-EMPLOYMENT-RULES-1968 of 1968
- Published on 29 March 1968
- Commenced on 29 March 1968
- [This is the version of this document from 29 March 1968.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title.
- These rules may be called The Madhya Pradesh Beedi and Cigar Workers (Conditions of Employment) Rules, 1968.2. Definitions.
- In these rules, unless the context otherwise requires,-Chapter II
Licensing of Industrial Premises
3. Form of application for grant of licence and licence fees.
4. Application for renewal.
5. Form and terms and conditions of licence.
6. Issue of duplicate licences.
7. Appeals under Section 5.
- An appeal under Section 5 of the Act shall-8. Fees.
- [(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 :Table| Fees for industrial premises in whichpower driven machinery is used | Fees for industrial premises in whichpower driven machinery it not used | |
| (1) | (2) | |
| If the number of employees proposed to be employed on any dayduring the financial year for which the licence is required orrenewed- | Rs. | Rs. |
| (a) does not exceed ten | 37.50 | 30 |
| (b) exceeds ten but does notexceed twenty | 75 | 50 |
| (c) exceeds twenty but does notexceed fifty | 180 | 125 |
| (d) exceeds fifty but does notexceed hundred | 375 | 250 |
| (e) exceeds hundred but does notexceed two hundred fifty | 750 | 625 |
| (f) exceeds two hundred fifty | 1500 | 1250 |
9. Refund of fees.
- If the competent authority refuses to grant or renew any licence under Section 4, it shall order the refund of the fees paid thereof.Chapter III
Health and Welfare
10. Cleanliness.
11. Ventilation.
- In every work room or hall of an industrial premises, windows and other forms of openings 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 hall comfortable and free from dust, fumes and other impurity.12. Latrines.
13. Urinals.
14. Latrines and Urinals to be connected to sewage systems 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 with 30.5 metres of that sewage system.15. White-washing and colour-washing of Latrines and Urinals.
16. Construction and maintenance of drains.
- All drains work on an industrial premises for carrying waste or sullage water shall be constructed in masonry 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 deodorized in order to render it innocuous 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 latrines on an industrial premises and where there is no continuous supply of water, water cisterns with cans shall be provided for washing purposes in or near such latrines.18. Washing facilities.
19. Creches.
20. First Aid.
21. Canteens.
Chapter IV
Working Hours, Leave, Appeals in Cases of Dismissal, etc.
22. Notice and register of periods of work.
23. Method of calculating cash equivalent of concessional sale of food-grains, etc.
24. Register of leave with wages.
25. Leave Book.
26. Appeals under Section 31.
Chapter V
Miscellaneous
27. Disputes relating to issue of raw materials by the employer.
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 in the order.29. Limit with regard to the rejection of Beedis or Cigars.
30. Payment of wages to home workers.
- Where raw materials are supplied to a home worker 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 worker any other place or places at which wages shall be paid.31. Protection against fire.
- 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 10th day of every month, a monthly return in Form XI and furnish to that authority an annual return in Form XII on or before the 30th April of every year.33. Maintenance of certain registers.
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 XVII.35. Information required by Inspectors.
35A. [ Power of Inspector. [Inserted by Notification No. 6543-XVI, dated 12-10-1971, published in Madhya Pradesh Rajpatra Part 4 (ga), dated 29-10-71.]
- In addition to the power specified in Section 7 of the Act, an Inspector shall, for the purpose of the enforcement of the Act, have powers subject to the provisions of the Act, to conduct before a Court any complaint or other proceedings arising under the Act, or in discharge of his duties as an Inspector, and secure such evidence as may be necessary for the purpose.] [Sub-rules (1) to (3) Substituted by Notification No. F-2-1-91-XVI-A (4), dated 4-2-1993, Published in Madhya Pradesh Rajpatra (Extraordinary), dated 4-2-93.]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. 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. | (i) Full postal address and situation of the industrialpremises | ................. |
| (ii) Full address to which communications relating to theindustrial premises should be sent | ................. | |
| (iii) Full address of the applicant | ................. | |
| 3. | Maximum number of employees proposed to be employed on any oneday during the financial year. | ................. |
| 4. | Full name and residential address of the person who shall beemployer for the purposes of the Act | ................. |
| 5. | If the employer is a partnership company, etc., full name andresidential address of other partners or directors, etc. (SeeNote 1 at the end) | ................. |
| 6. | Financial resources of the employer e.g., (particulars andvalue of movable and immovable properties, bank reference,income-tax assessment, etc.) | ................. |
| 7. | Whether the employer is a trade mark holders registered underthe Trade and Merchandise Marks Act, 1958 | ................. |
| 8. | Value of beedis or cigars or both manufactured at theindustrial premises during the preceding financial year | ................. |
| 9. | Previous experience of the applicant* in the industry | ................. |
| 10. | Whether the proposed site of the industrial premises amountsto the alteration of the site of any existing industrial premisesand, if so, the reasons for such alteration | ................. |
| 11. | Whether any industrial premises was closed by the applicantduring the period of twelve months immediately preceding the dateof the application and, if so, the reasons therefor | ................. |
| 12. | Source of obtaining tobacco | ................. |
| 13. | Whether the beedis or cigars or both manufactured by theapplicant* will be sold and marketed by himself or through aproprietor or a registered user of a trade mark registered underthe Trade and Merchandise Marks Act, 1958, or any other person. | ................. |
| 14. | Whether the plans of the premises are enclosed | ................. |
| 15. | Amount of fee Rs.......... (Rupees.......) paid in Treasuryon...... vide Challan No.... enclosed. | ................. |
| Date of renewal(1) | Fees paid for renewal(2) | Date of expiry(3) |
| 1.2.3.4. |
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 on such premises.
5. The licence shall not be transferable.
Form No. III[See Rules 10(2), 15(3), 22 (6)(b)]Record of White-Washing, Colour-Washing, Varnishing and Painting and Cleaning| Part of the industrial premises (eg. name ofroom) | Parts whitewashed, colour-washed, painted orvarnished (e.g., walls ceilings, wood work, etc.) | Treatment, whether white-washed, colour-washedpainted or varnished or cleaned | Date on which white-washing, colour-washing,painting or varnishing or cleaning was carried out according tothe English calendar | Remarks | Signature of employer |
| Date | Month | Year | |||
| (1) | (2) | (3) | (4) | (5) | (6) |
| Period of work | Men | Women and young person | Description of groups | Remarks | |||
| (Total number of men employed) | (Total number of women and young personsemployed) | Group letter | Nature of work | ||||
| 123 | A1 2 3 | B1 2 3 | C1 2 3 | D1 2 | E1 2 | F1 2 | _________ |
| One working daysFromToFromToOn partialworking daysFromToFromTo | ABCDEF |
| Name of the employee | Whether young person or not | Total hours worked during the week | Date on which over-time work is done and extentof such over-time on each occasion | Extent of over time worked during the week |
| 1 | 2 | 3 | 4 | 5 |
| Adult/young person | |
| Name | |
| Serial No. | Father's name |
| Name of establishment | Date of joining the establishment |
| Date of discharge | |
| Date of entry into service | Date of amount of payment made in lieu of leavedue |
1. Name of the 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) and (11)
13. Leave enjoyed from to
14. Balance of leave at 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 [Total of columns (15) and (16)]
18. Date and amount paid
19. Remarks
Form No. VIII[See Rule 26 (3)(a)]Notice to The Employer under Clause (B) of Sub-Section (2) of Section 31Shri...........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 order of his discharge/dismissal/retrenchment. A copy of his appeal petition is enclosed.The appeal has been posted for hearing on the day of..........20............at...........a.m./p.m. 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 AuthorityForm No. IX[See Rule 26 (3)(b)]Notice to The Employee under Clause (B) of Sub-Section (2) of Section 31Your appeal has been posted for hearing on the day of.............20.........at.......a.m./p.m. 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 upon whose evidence and all the 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 AuthorityForm 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 applicantsor 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 | ................. |
1. Name of 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 and to whom..................
Dated.................Signature of the EmployerForm No. XII[See Rule 32]Annual Return1. Name and address of the industrial premises.................
2. Number 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.................
MenWomenYoung personsMaleFemale6. Average monthly number of home-workers employed (i.e., who work at 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 persons10. Number of female employees who were given maternity benefit during the year.................
| Serial No. | Name | Designation | Group | Relay | Shift number | Period of work | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
1. Name of home worker.................
2. Address of the home where manufacturing process is carried on.................
3. Month.................
Account of Work Done at Home| Date | Raw Material supplied to the worker | Signature or thumb impression of the worker | No. of beedis received by the employer | ||
| Tendu patta | Tobacco | Thread | |||
| (1) | (2) | (3) | (4) | (5) | (6) |
| No. standard of beedis | Number of substandard or chhat beedis | Wages payable to worker | Wages paid to the worker | |
| For standard beedis | For sub-standard or chhat beedis | |||
| (7) | (8) | (9) | (10) | (11) |
| Date | Amount of wages to date in arrears | Signature or thumb impression of the worker | Signature of the Employer |
| (12) | (13) | (14) | (15) |
| Name of worker | Address of Home | Waged paid | Dates |
| 1 2 3 4 5 6 7 8 9 10 to 31 | |||
| Name | Designation | Date on which over-time has been worked | Extent of over-time | Total over-time worked or production in case ofpiece workers | Normal hours | Normal rate of pay |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Over-time rate of pay | Normal earnings | Over-time earnings | Cash equivalent of advantage accruing through theconcessional sale of foodgrains, etc. | Total earnings | Date on which over-time payment made |
| (8) | (9) | (10) | (11) | (12) | (13) |
| Date | Place or places where outside work was permitted | Nature of work | Nature of employee | Remarks |
| (1) | (2) | (3) | (4) | (5) |