Power to make rules

Section 44 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 deals with power to make rules. The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) the terms and conditions subject to which a licence may be granted or renewed under this Act and the fees to be paid in respect of such licence;

(b) the form of application for a licence under this Act and the documents and plans to be submitted together with such application;

(c) other matters which are to be taken into consideration by the competent authority for granting or refusing a licence;

(d) the time within which, the fees on payment of which and the authority to which, appeals may be preferred against any order granting or refusing to grant a licence;

(e) the submission of a monthly return by an employer to the competent authority specifying the quantity of tobacco released by the Central Excise Department and the number of beedi or cigar or both manufactured by him;

(f) the powers which may be conferred on the Inspectors under this Act;

(g) the standards of cleanliness required to be maintained under this Act;

(h) the standards of lighting, ventilation and temperature required to be maintained under this Act;

(i) the types of urinals and latrines required to be provided under this Act;

(j) the washing facilities which are to be provided under this Act;

(k) canteens;

(1) the form and manner of notice regarding the periods of work;

(m) the form in which records of work done outside an establishment shall be maintained;

(n) the authority to which and the time within which an appeal may be filed by a dismissed, discharged or retrenched employee;

(o) the manner in which the cash equivalent of the advantage accruing through the concessional sale to an employee of foodgrains and other articles shall be computed;

(p) the records and registers that shall be maintained in an establishment for the purpose of securing compliance with the provisions of this Act and the rules made thereunder;

(q) the maintainence of first aid boxes or cupboards and the contents thereof and the persons in whose charge such boxes shall be placed;

(r) the manner in which sorting or rejection of beedi or cigar or both and disposal of rejected beedi or cigar or both shall be carried out; ne chtona ration and in (s) the fixation of maximum limit of the percentage of rejection of beedi or cigar or both manufactured by an employee;

(t) specifying the place at which wages shall be paid to persons who receive directly or through an agent raw materials for the manufacture of beedi or cigar or both at home;

(u) supervision by the Inspectors over distribution of raw materials including beedi and tobacco leaves to the employees;

(v) precautions to be taken against fire for the safety of workers;

(w) 1[the time within which a dispute specified section-section (2) of section 39 shall be referred for settlement, the authority by which and the summary manner in which such dispute shall be settled] and the authority to which an appeal shall lie from the settlement made by the first-mentioned authority;

(x) any matter which is required to be, or may be, prescribed.

(3) All rules made under this Act shall be published in the Official Gazette and shall be subject to the condition of previous publication; and the dates to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall not be less than three months from the date on which draft of the proposed rules was published.

(4) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House, while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the Legislatures agree in making any modification in the rule or the Legislatures agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment, shall be without prejudice to the validity of anything previously done under that rule. 1. Subs. by Act 41 of 1993, s. 10, for certain words (w.e.f. 22-5-1993).

Section 44, The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Act 32 of 1966).