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

(1) This Act may be called the Beedi and CigarWorkers (Conditions of Employment) Act, 1966. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force in a State on such date1as the State Government may, by notification inthe Official Gazette, appoint and different dates may be appointed by the State Government for differentareas and for different provisions of this Act.

In this Act, unless the context otherwise requires,-- (a) "adult" means a person who has completed eighteen years of age; (b) "child" means a person who has not completed fourteen years of age; (c) "competent authority" means any authority authorised by the State Government bynotification in the Official Gazette to perform all or any of the functions of the competent authorityunder this Act and for such areas as may be specified therein; (d) "contractor" means a person who, in relation to a manufacturing process, undertakes toproduce a given result by executing the work through contract labour or who engages labour for anymanufacturing process in a private dwelling house and includes a sub-contractor, agent, munshi,thekedar; (e) "contract labour" means any person engaged or employed in any premises by or throughcontractor, with or without the knowledge of the employer, in any manufacturing process; (f) "employee" means a person employed directly or through any agency, whether for wages ornot, in any establishments 1[or godown] to do any works skilled, unskilled, manual or clerical, andincludes-- (i) any labour who is given raw materials by an employer or a contractor for being made intobeedi or cigar or both at home (hereinafter referred to in this Act as "home worker"), and (ii) any person not employed by an employer or a contractor but working with the permissionof, or under agreement with, the employer or contractor 1[or both]; (g) "employer" means,-- (a) in relation to contract labour, the principal employer; and (b) in relation to other labour, the person who has the ultimate control over the affairs of anyestablishment or who has, by reason of his advancing money, supplying goods or otherwise, asubstantial interest in the control of the affairs of any establishment, and includes any otherperson to whom the affairs of the establishment are entrusted, whether such other person is calledthe managing agent, manager, superintendent or by any other name; (h) "establishment" means any place or premises including the precincts thereof in which or inany part of which any manufacturing process connected with the making of beedi or cigar or both isbeing, or is ordinarily, carried on and includes an industrial premises; 2[(hh) "godown" means any warehouse or other place, by whatever name called, used for thestorage of-- (i) any article or substance required for any manufacturing process; or (ii) beedi or cigar or both;] (i) "industrial premises" means any place or premises (not being a private dwelling house),including the precincts thereof, in which or in any part of which any industry or manufacturingprocess connected with the making of beedi or cigar or both is being, or is ordinarily, carried on withor without the aid of power,3[and includes a godown attached thereto;] (j) "Inspector" means an Inspector appointed under sub-section (1) of section 6; (k) "manufacturing process" means any process for, or incidental to, making, finishing or packingor otherwise treating any article or substance with a view to its use, sale, transport, delivery ordisposal as beedi or cigar or both; (l) "prescribed" means prescribed by rules made by the State Government under this Act; (m) "principal employer" means a person for whom or on whose behalf any contract labour isengaged or employed in an establishment; (n) "private dwelling house" means a house in which persons engaged in the manufacture ofbeedi or cigar or both reside; (o) "State Government", in relation to a Union territory, means the Administrator thereof; (p) "week" means a period of seven days, beginning at midnight on Saturday; (q) "young person" means a person who has completed fourteen years of age but has notcompleted eighteen years of age.

Save as otherwise provided in this Act, no employer shalluse or allow to be used any place or premises as an industrial premises unless he holds a valid licenceissued under this Act and no such premises shall be used except in accordance with the terms andconditions of such licenced.

(1) Any person who intends to use or allows to be used any place or premises asindustrial premises shall make an application in writing to the competent authority, in such form onpayment of such fees as may be prescribed, for a licence to use, or allow to be used, such premises as anindustrial premises. (2) The application shall specify the maximum number of employees proposed to be employed at anytime of the day in the place or premises and shall be accompanied by a plan of the place or premisesprepared in such manner as may be prescribed. (3) The competent authority shall, in deciding whether to grant or refuse a licence, have regard to thefollowing matters:-- (a) the suitability of the place or premises which is proposed to be used for the manufacture ofbeedi or cigar or both; (b) the previous experience of the applicant; (c) the financial resources of the applicant including his financial capacity to meet the demandsarising out of the provisions of the laws for the time being in force relating to welfare of labour; (d) whether the application is made bona fide on behalf of the applicant himself or in benami ofany other person; (e) welfare of the labour in the locality, the interest of the public generally and such other mattersas may be prescribed. (4) (a) A licence granted under this section shall not be valid beyond the financial year in which it isgranted but may be renewed from financial year to financial year. (b) An application for the renewal of a licence granted under this Act shall be made at least thirtydays before the expiry of the period thereof, on payment of such fees as may be prescribed, and wheresuch an application has been made, the licence shall be deemed to continue, notwithstanding the expiry ofthe period thereof, until the renewal of the licence, or, as the case may be, the rejection of the applicationfor the renewal thereof. (c) The competent authority shall, in deciding whether to renew a licence or to refuse a renewalthereof, have regard to the matters specified in sub-section (3). (5) The competent authority shall not grant a renew a licence unless it is satisfied that the provisionsof this Act and the rules made thereunder have been substantially complied with. (6) The competent authority may, after giving the holder of a licence an opportunity of being heard,cancel or suspend any licence granted or renewed under this Act if it appears to it that such licence hasbeen obtained by misrepresentation or fraud or that the licensee has contravened or failed to comply withany of the provisions of this Act or the rules made thereunder or any of the terms or conditions of thelicence. (7) The State Government may issue in writing to a competent authority such directions of a generalcharacter as that Government may consider necessary in respect of any matter relating to the grant orrenewal of licences under this section. (8) Subject to the foregoing provisions of this section, the competent authority may grant or renewlicences under this Act on such terms and conditions as it may determine and where the competentauthority refuses to grant or renew any licence, it shall do so by an order communicated to the applicant,giving the reasons in writing for such refusal.

Any person aggrieved by the decision of the competent authority refusing to grant orrenew a licence or cancelling or suspending a licence may, within such time and on payment of such fees,not exceeding twenty rupees, as may be prescribed, appeal to such authority as the State Governmentmay, by notification in the Official Gazette, specify in this behalf, and such authority may by orderconfirm, modify or reverse any order refusing to grant or renew a licence or cancelling or suspending alicence.