LexThe Kerala Beedi and Cigar Industrial Premises (Regulation of Conditions of Work) Act , 1961( 8 of 1962)
Kerala · state statute
Open in Lexace · Ask the AI about this act
62
THE KERALA BEEDI AND CIGAR INDUSTRIAL PREMISES
(REGULATION OF CONDITIONS OF WORK) ACT, 1961
(Act 8 of 1962)
ConTENTS y
Preamble.
Sections.
1.
10.
Nl.
12.
13.
14.
15.
16.
17,
18.
19%
20.
Zi.
22.
23.
24.
25.
26
27.
28,
29.
30.
MORON
Short title, extent and commencement.
Definitions.
Beed: and cigar industrial premises to be licensed.
Licences.
Appeals.
Opening and closing of beed: and cigar mndustrial premises.
Dauly and weekly houis of work im beedi and cigar industrial
premises.
Spread over of periods of work.
Wages for over-time work.
Weekly hohdays.
Notice of periods of work.
Wage period.
Annual! leave with wages.
Wages during leave period.
Notice of dismissal,
‘> Prohibition of employment of childien and women.
Canteen,
Latrines and urinals.
Washing facilities.
Cleanliness.
Ventilation.
Protection against fire.
Central Act 20 of 1946 to apply to beedi and cigar industrial
premuses.
Application of the Payment of Wages Act, 1 936, to beedi and
cigat industrial premises.
Factomes Act not to apply to beed: and cigar industrial
premises.
Rights and privileges under other laws, etc., not affected.
Power to exempt.
Appomtment, powers and duties of Inspectors. ‘
Powers of Inspectors, »
Penalty for obstructing Inspector.
(>
63
Sections.
31. General penalty for offences.
32, Indemnity.
33. Cognizance of offences.
34. Power to make rules.
ACT 8 OF 1962 *
THE KERALA BEEDI AND CIGAR INDUSTRIAL PREMISES
(REGULATION OF CONDITIONS OF WORK) ACT, 1961
An let to regulate the conditions of wor in heed: and ergar indusinal premises
m the State of Kerala.
Preamble. —W hereas it 1s necessary to 1egulate the conditions of work
in beedi and cigar industrial premises in the State of Kerala ,
Be it enacted in the Twelfth Year of the Republic of India as
follows .— :
1, Short tatle, extent and commencement,—(1) This Act may he called
the Kerala Beedi and Cigar Industrial Premises (Regulation of Condi-
tions of Work) Act, 1961,
(2) Tt extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government
may, by notification in the Gazette, appoint; and different dates may
be appointed for different areas and for different provisions of the Act.
2. Definitions —In this Act, unless the context otherwise requires,—
(a) “adult? means a person who has completed his eighteenth
year of age .
(6) ‘ beedi and cigar industrial premises’ means any place or
premises, including the precincts thereof, in any part of which any
manufacturing process connected with the production of beedies or
cigar, or both is bemg carted on with or without the aid of power ,
(c) “ beedi and cigar industry’ means any industry relating to
the manufacture of beedies or cigars or both ;
(¢) “child” means a person who has not completed his four-
teenth year of age ; *
(2) ‘closed’ means not open for carrying out any of the
processes connected with the manufacture of beech or cigar ,
*Received the assent of the President on the 8th day of March,
1962 and published in the Gazette Extraordinary dated the 15th
day of March, 1962.
64
(f) ‘competent authority” means any officer authorised by
the Government by notification, to perform the functions of the com-
petent authority under this Act lor such arca as may be specified in the
notification,
(g) ‘‘day * means the period of twenty-four hours beginning at
mid-night ,
‘7 (a) “ employee ” means a person employed directly or through
any agency, whether for wages o1 not, in any beed: and cigar industry,
todo any work, skilled, unskilled, manual or clerical, and includes any
person who 1s employed in such industry and declared ly the Govern-
ment by notification to be an employee for the purposes of this Act ;
= (¢) “employer” means the person who has the ultimate control
over the affaus of any beedi and cigar industiual premises or who has,
by reason of Ins advancing money, supplying goods o1 otheiwise, a suls-
stantial interest in the control of the affairs of any beedi and cigar
industrial premises and includes—
(2) a proprietor o1 a registered user of a trade mark registcred
under the Tirade and Meichandise Marks Act, 1958 (Central Act 43 of
1958), m relation to beedi or cigar ; and
(21) any othe: person to whom the affairs of any beed: and
cigar industrial premises are entrusted (whether such other person is
ane) managing agent, manager, supermtendent o: by any other
name) ;
(7) “Inspector” means the Inspector appoimted under sub-
section (1) of section 28 ;
(k) “‘ manufacturing process” means any process for, or inci+
dental to, making, finishing, packing, labelling or otherwise treating any
article o1 substance with a view to its use, sale transport, delivery o1
disposal as beedies o1 cigars o1 both,
(4) “ notification ” means a notification pubhshed in the Gazette,
(m) ‘opened’ means opened for carrying out any of the pro-
cesses connected with the manufacture of Iseedi on cigar ;
(m) ‘* period of work ” means the time during which an employee
is at the disposal of the cmployer ,
(0) ‘© prescribed *’ means prescribed by 1ules made under this
Act;
~“(p) “* wages * means all 1emuneration (whether by way of salary,
allowances 01 otherwise) expressed in terms of monev or capable of
being so expressed which would. if the terms of employment, express o1
imphed, were fulfilled, be payable toa person employed in respect of
his emplovmentor of work done in such employment, and mcludes ~
(1) any remuneration payable under any award or settlement
between the parties or order of a cowl,
(2) any remuneration to which the person employed 1s entitled
in tespect of ovei-tame work o1 holidays o1 any leave period ,
(wt) any additional remuneration payable under the terms of
employment (whether: called a bonus or by any other name) ,
a
ee —
>
65
(tv) any sum which by reason of the termination of employ-
ment or the person employed 1s payable under any law, contact or
instrument which provides for the payment of such sum, whether with
o1 without deductions, but does provide for the time within which the
payment 1s to be made ,
(v) any sum to which the person employed is entitled under
any scheme framed under any law for the time being in force ,
but does not include—
(1) any bonus (whether unde: a scheme of profit sharing or
otherwise) which does not form part of the remuneration payable under
the terms of employment or which is not payable under any award or
settlement between the parties or order of a court ;
(2) the value of any house-accommodation, or of the supply
of ght, water, medical attendance or othe: amenity o1 of any service
excluded from the computation of wages by a general or special order of
the Government ,
(3) any contribution paid by the employer to any pension
or provident fund, and the interest which may have accrued thereon ,
(4) any travelling allowance or the value of any travelling
concession ,
(5) any sum paid to the employed person to defiay special
expenses entailed on him by the nature of his employment , or
(6) any gratuity payable on the termination of employment
im cases other than those specified in sub-clause (tz) ;
(g) “ week * means a period of seven days beginning at midnight
of Saturday ;
(r) “* young person’? means a person who has completed his
fourteenth year but has not completed his eighteenth year of age.
3. Beedt and cigar indusirial premises to be licensed.—Save as otherwise
provided in this Act, no place or premises shall, on and after such date
as the Government may, by notification, specify in this behalf, be used
as a beedi and cigar industrial premises without a licence obtained from
the competent authority and except in accordance with the terms and
conditions specified therein.
4, Lacences.—(1) Any person who intends to use any beed) and
cigar industrial premises shall make an application in writing to the
competent authority for a hcence therefor, together with such particulars
as may be prescribed.
(2) The application shall specify the maximum number of
employees proposed to be simultaneously employed at any time in the
place or premises and shall be accompanied by a plan of the place or
premises prepared in such manner as may be prescribed. :
(3) The competent authority shall, in deciding whether to grant
or refuse a licence, have regard to the following matters, namely :—
(a) the suttability of the place or premises which is proposed
to be used for the manufacture of beedies or cigars,
(8) the status and previous experience of the applicant:
3/40—5
66
(c) the financial resources of the applicant including the
financial capacity to meet the demands arising 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 benamz on behalf of any other person,
(e) whether the beedi or cigar manufactured by the applicant
will be sold and maiketed by himself or through a proprietor o a
registered use: of a trade mark registered under the Tiade and Mci-
chandise Marks Act, 1958 (Central Act 43 of 1958), in relation to becdi
or cigar or any othe: person;
(/) the welfare of labou: in the locality,
(g) the interest of the public generally: and
(4) such other matters as may be prescribed.
(4) The competent authority shall not giant a licence unless it 1s
satisfied that the provisions of ths Act and the rules made thereunder
have been substantially complied with.
(5) (a) A licence granted under this section shall be valid for a
financial year and shall be renewed from financial year to financial
year.
(6) The competent authority shall, in deciding whethe to
renew a licence or to refuse a renewal thereof, have regard to the
matters specified in sub-section (3).
(G) The competent authority may cancel or suspend any licence
gianted or renewed under this Act if it appeats to it, after giving the
holder thereof an opportunity of being heard, that such licence has
been obtained by misrepresentation or fraud or that the licensee has
been guilty of an offence under this Act or under any other Act or of
any breach of any :ule made under this Act o: of the terms and condi-
tions of the licence.
(7) The Government may issue to competent authorities such
orders and dnections of a general character as the Government may
consider necessary in respect of any matter relating to hcences unde
this section.
(8) Subject to the foregoing provisions of this secon, the compet-
ent authority may grant or renew licences under this Act on such terms
and conditions as it may determine. Where the competent authouty
refuses to giant or renew any licence, it shall do so hy an order com-
maoieetee to the applicant, giving the reasons m waiting for such
refusal.
5. Appeals.—Any person aggneved by the decision of the compet-
ent authority refusing to grant or renew a licence or cancelling a licence
under section 4 may, within such time as may be prescribed, appeal to
such authority as the Government may specify in this behalf and such
authouity may make such order in the case as it may thunk fit.
6. Opening and closing of beed: and cigar industrial premises.—No heeds
and cigar industrial premises shall on any day be opened earlier than
7 a.m. or closed later than 7 p.m.
a i
a
(>
67
7, Dailyand weekly hours of work in heed: and cigar industrial premises.—
(1) No employee shall be required or allowed to work in any beedi and
cigar industrial premises for more than nine hours in any day, or more
than 48 hours in any week .
Provided that an adult employee may he allowed to work in a beedi
and cigar industrial premises for any period in excess of the limit fixed
under this sub-section subject to payment of over-time wages if the
period of work including over-time work does not exceed ten hours in
any day and in the aggregate 54 hours in any week.
(2) No employee in any beedi and cigar industiial premises shall
be required or allowed to work therein for more than five hours in any
day unless he has had an interval for rest of at least one hour.
8° Spread over of periods of work.—The periods of work of an
employee in any beedi and cigar industiial premises shall] be so arranged
that along with intervals for rest, they shal! not spread over more than
ten and a half hous in any day.
9. Wages for over-time work.—Where any employee employed in
any beedi and cigar industrial premises works over-time on any day, he
shall be entitled, in respect of such ovei-time work to wages at twice
the ordinary rate of wages for that day.
Explanation.—Where an employee employed on a piece rate hasis
works overtime on any day, he shall be entitled, in respect of such over-
time work, to wages at twice the ordinary rate of wages for that day.
10. Weekly holidays.—(1) Every employee in a beedi and cigar
industrial premises shall be allowed in each week a holiday of one whole
day-
(2) No deduction shall be made from the wages of any employce
in a beedi and cigar industrial premises on account of any day on which
a holiday has been allowed in accordance with this section ; and if such
person is employed on the basis that he would not ordinarily receive
wages for such day, he shall nonetheless be paid for such day the wages
he would have drawn had the holiday not been allowed on that day.
Ll, WNotee of periods of work. —There shall be displayed and correctly
maintaimed in every beed: and cigar imdustrial premises a notice of
periods of work in such form and in such manne as may be prescribed
showing clearly for every day the periods during which employees may
be required to work.
12. Wage periad.—-No wage period shall exceed one month.
13. Annual leave with wages.—(1) Every employee ma beedi and
cigar industrial premuses shall be allowed in a calendar year Icave with
wages for a number of days calculated at the rate of one day for every
twenty days of work performed by him during the previous calendar
year.
Eaplanation.—The leave admissible unde: this sub-section sball be
exclusive of all holidays whether occurring during or at the beginning
or at the end of the period of leave.
3/40—5a
68
(2) In calculating leave under this section any fraction of leave
of half a day or more shall be treated as one full day’s leave and any
fraction of less than half a day shall be omitted.
(3) An application by an employee for the whole or any portion
of the leave allowed under sub-section (1) or sub-section (2) shall be in
writng and ordinarily be made sufficiently in advance of the date on
which he washes his leave to begin.
(4) Ifthe employment of an employee who is entitled to leave
under sub-section (1), 1s terminated by the employer before he has taken
the entire leave to which he 1s entitled o1 if having applied for leave he
has not been granted such leave or if the employee quits his employment
before he has taken the leave, the employer shall pay him the amount
payable under section 14 in respect of leave not taken, and such
payment shall be made, where the employment of the employee is
terminated by the employer, before the expiry of the second working
day after such termination and where the employee quits his employ-
ment on or before the next pay day.
(5) The leave not availed of by an employee shall not be taken
into consideration in computing the period of any notice required to be
given before discharge or dismissal.
(6) Ifan employee does not in any one calendai year take the
whole of the leave allowed to him under sub-section (1), any leave not
taken by him shall be added to the leave to be allowed to him in the
succeeding calendar year :
Provided that the total number of days of leave that may be carried
forward to a succeeding year shall not exceed thirty.
14, Wages dung leave period.—(1) For the leave allowed to him
under sub-section (1) of section 13 an employee shall be paid at a rate
¢qual to the daily average of his total full time earnings for the days on
which he worked during the month immediately preceding his leave,
exclusive of any overtime and bonus, but inclusive of dearness allowance,
(2) An employee who has been allowed leave for not less than
four days shall, before his leave begins, be paid wages due for the
period of the leave allowed,
15. Notte of dismssal.—(1) No employe: shall dispense with the
services of an employee employed continuously for a period of not less
than six months, except for a reasonable cause and without giving such
employee at least one month's notice or wages in lieu of such notice,
provided however that such notice shall not be necessary where the
services of such employee aie dispensed with on a charge of misconduct
supported by satisfactory evidence recorded at an inquiry held for the
purpose.
Eaplanation.—An employee shall be deemed to be employed conti-
nuously notwithstanding interruption of service merely on account of
sickness or authorised leave or an accident or a strike which is not illegal
or a lock-out or a cessation of work which 1s not due to any fault on the
part of the employee.
ye é
-—+
meee
_ |.
Se
LN
ee
ae
IN
A
msn
mm
Ra
ee
ns ee
an
Ao,
ne
a
69
(2) Any employce whose services are dispensed with may appeal
to such authority and within such time as may be prescribed either on
the ground that there was no reasonable cause for dispensing with hus
services or on the ground that he had not been guilty of misconduct as
held by the employer.
(3) The appellate authority may, afte: giving notice m the pre-
scribed manner to the employe: and the employee, dismiss the appeal
or direct the remstatement of the employee with or without wages for
the period he was kept out of employment or duect payment of com-
pensation without reimstatement or grant such other 1elief as it deems fit
in the circumstances of the case.
(4) In directing the remstatement of an employee, the appellate
authority shall also direct the payment of such amount of compensation
as may be specified by him in case the employer fails to remstate the
employee in accordance with the directions.
_ ., (5) The decision of the appellate authority shal] be final and
binding on both the parties, shall not be liable to be questioned in any
Court of Law and shall be given effect to within such time as may be
specified im the order of the appellate authority.
(6) Any compensation required to be paid by the employer
under sub-sections (3) and (4) but not paid by him shall be recoverable
as arrears of land revenue unde: the provisions of the Revenue Recovery
Act for the time being in force. °
16. Prohibition of emplayment of chtldren and women.—(1) No child
shall be required or allowed to work in any beedi and cigar industiial
premises.
(2) No woman or young person shall be required or allowed to
work in any beedi and cigar industrial premises except betwcen 8 a.m.
and 5 p.m.
17. Canteen.—The Government may make rules requiiimg that in
every beed: and cigar industrial premises wherein one hundred and fifty
or more employees are cmploycd, one or moie canteens shall le
provided and maintained by the employer for the use of the emplo-
yees.
18, Latrines and urinals.—(1) In every beedi and cigar industrial
premises sufficient lati ine and winal accommodation of prescribed types
shall be provided conveniently situated and accessible to employces at all
times while they are in the beedi and cigar industrial premises
Provided that it shall not be necessary to provide for separate
urinals in the beed: and cigar industrial premises where less than fifty
persons are employed or where the latrines are connected to any
waterborne sewage system.
(2) The Government may prescribe the number of latrines and
unmals to be provided in any beedi and cigar industrial premises in
proportion to the numbe: of male and female employees ordinarily
employed therein and provide for such further matters in respect of
sanitation in the beed: and cigar industrial premises including the
70
obligation of employces in this 1egard, as they consider necessary in the
interests of the health of the employees employed therein.
19. Washing facilities.—In every beed: and ciga industtial premises
where blending and sieving of tobacco o1 warming of beedues in hot
ovens 3s carried on, the employer shall provide such washing facilities
for the use of the employees as may be presciibed.
20. Cleanliness.—The premises of every beedi and cigar industrial
premises shall be kept clean and fiee from effluvia atising fiom any
drain or plivy or othe: nuisance, and shall be cleaned at such times and
by such methods as may be prescirbed.
21. Ventslatzon.—(1) The premises of every beedi and cigar
industi1al premises shall be ventilated and sufficiently lighted m accor-
dance with such standards and by such methods as may be prescii-
bed.
(2) If it appears to an Inspector that the premises of any beedi
and cigar industual premises within his jurisdiction 1s not sufficiently
lighted o1 ventilated, he may seve on the employer an orden in writing
specifying the measures which, in his opinion, should be adopted and
requiring them to be cained out before a specified date.
22. Protection against fire.—In every beedi and cigar industrial
premuses the employer shall take such precautions against fire as may
be prescisbed.
23. Central Act 20 of 1946 to apply to beed: and cigar indusirial pre-
muses. —The provisions of the Industrial Employment (Standing Orders),
Act, 1946 (Central Act 20 of 1946), as in force for the time being, shall
apply to every beedi and cigar industrial premises wherein fifty 01 more
employees are employed or were employed on any one day of the
preceding twelve months as if such beed: and cigar industrial premises
were an industrial establishment to which the aforesaid Act has been
applied by a notification under sub-section (3) of section I thereof, and
as if the employee in the said premises were a workman within the
meaning of that Act.
24. Application of the Payment of Wages Act,1936, to beed: and cigar
adustrial prenuses.—(1) Notwithstanding anything contained in the
Payment of Wages Act, 1936 (Central Act 4 of 1936) (heremafte: in
this section icferred to as the said Act), the Government may, by
notification, duect that, sulject to the provisions of sub-section (2), the
said Act or any of the provisions thereof o: the rules made thereunder
shall apply to all or any class of employees in beedi and cigar industrial
premises to which this Act applies.
_ (2) On the appheation of the provisions of the said Act to any
beedi and cigar ndustrial premises under sub-section (1), the Inspector
appointed under this Act shall be deemed to be the Inspector for the
purpose of the enforcement of the provisions of the said Act within the
local limits of his jurisdiction,
(3) The Government may, by lke notification, cancel or vary
any notification issued under sub-section (1).
meyer
ee
ama
pemnname
nnn
nih
(>
71
25, Factories Act not to apply to beedi and cigar industrial fnemrses.—On
and from the date on which this Act comes into force, the [actories
Act, 1948 (Central Act 63 of 1948) shall cease to apply to beedi and
cigai industrial premises.
26. Rights and privileges under other laws, elc., not affected.—(1) Noth-
ing contained in this Act shall affect any 1ights o1 privileges which any
employee working in any beedi and cigar industrial premises is entitled
to on the date on which this Act comes into force, under any other Jaw,
contract, custom or usage, applicable to such beedi and cigar industrial
premises, ifsuch rights or privileges are more favourable to hun than
those to which he would be entitled under this Act.
(2) Nothing in this Act shall take away the rights or privileges
which an employee working m any becdi and cigar industiial premises
will be entitled to under the Madras Shops and ['stablishments Act,
1947, o1 the Tiavancore-Cochin Shops and Establishments Act, 1125, if
such rights or privileges are moie favourable to him than those to which
he would be entitled under this Act.
(3) If any question arises whether the rights o1 privileges aforesaid
aic more favourable to any emplovee than those to which he would be
entitled unde: this Act, or whether all o1 any of the provisions of this
Act apply to a beedi and cigai industi:al premises or to a person emplo-
yed therein, it shall be decided by such offices as may be prescribed,
and his decision thereon shall be final and shall not be hable to be
questioned in any Court of Law.
27, Power to exempi.—The Government may, by notification,
exempt, subject to such conditions and testiictions as they may
impose, —
(a) any beed: and cigar industrial piemises ; or
(6) any beedi and cigar imdustry, or
(c} any class of employces ;
from all or any of the piovisions of this Act or of any rules made there-
under.
28. Apporntment, powers and dutws of Inspectors —(1) The Govern-
ment may, by notification, appoint such officers of Government o: of
any local authority as they think fit to be Inspectors foi the purposes of
this Act, within such local limits as the Government may assign to
them.
(2) The Government may, by notification, appoint any person
to be a Ghief Inspector who shall, under this Act, exercise the powers of
an Inspector throughout the State.
(3) Every Inspector appointed under sub-section (1) and the
Chief Inspecto: appointed under sub-section (2) shall be deemed to be
public servants withih the meaning of section 21 of the Indian Penal
Code (Cential Act 45 of 1860)
29. Powers of Inspectors.—(1) Subject to any rules made in this
behalf, an Inspector appointed unde: this Act, shall, for the purposes of
72
enforcement of this Act, have power to do all or any of the following
things within the local limits for which he 1s appointed—
(a) to make such examination and hold such enquiry as may be
necessary for ascertaining whether the provisions of this Act have been
and are being complied with in any beediand cigar industial premises,
(6) to require the production of any prescribed register and any
other document relating to the manufacture of beedies or cigars ;
(c) to enter at all reasonable times any place or premises inclu-
ding the residences of employees when he has reasonable grounds fot
suspecting that any beedi and cigar industiy is being carried on or 1s
ordinarily carried on in any such place or premises ;
(d) to exercise such other powers as may be prescribed for
carrying out the purposes of this Act -
Provided that no person shall be compelled under this section to
answer any question or give any evidence tending to incriminate
himself.
(2) For the purposes of clause (c) of sub-section (1), an Inspector
may, after giving due notice to the employer, or, in the absence of the
employer, to the occupier, efiter any beedi and ciga: industrial
premuses with such assistants, if any, as he thinks fit.
(3) Every employer shall accord to the Inspector all reasonable
facilities in the discharge of his dutics under this Act.
30. Penalty for obstructing Inspector —Whoevei wilfully obstructs an
Inspector in the exercise of any power conferred on him by or unde
this Act, or fails to produce on demand by an Inspector, any registers o1
other documents in his custody kept in pursuance of this Act or of any
rules made thereunder or conceals or prevents any employee in a beedi
and cigar industrial premises from appearing before, or being examined
by, an Inspector, shall be pumshable with imprisonment for a term
which may extend to three months, o1 with fine which may extend to
five hundred rupees, or with both,
31. General penalty for offences.—(1) Save as otherwise expressly
provided in this Act, fin, or in respect of, any beedi and cigar indu-
strial premuses, there is any contravention of any of the provisions of this
Act or any 1ule made thereunder by the employer of any beed: and
cigai industrial premises, such employer shall be punishable with
imprisonment for a term which may extend to three months, or with
fine which may extend to five hundred rupees, or with both,
(2) If any person who has been convicted of any offence
pumshable under sub-section (1) 1s again found guilty of an offence
involving the contravention of the same provision, he shall be punish-
able, on the subsequent conviction, with imprisonment for a term which
may extend to six months, o: with fine which may extend to one
thousand rupees, o1 with both:
Provided that, for the purpose of this sub-section, no cognizance
shall be taken of any conviction made more than two years before the
commussion of the subsequent offence.
3 Soul ee
>
73
32. Indemmty.—No suit, prosecution on other legal proceedings
shall le agaimst any person for anything which is in good faith done or
intended to be done under this Act.
33. Cognrzance of offences.—({1) No cout shall take cognizance ol
any offence punishable under this Act o1 any rule or order made there-
under unless the complaint 1s made—
(a) by the employce of a beedi and cigar industmal premises
either by himself or through the union of which he isa member within
three months from the date on which the offence 1s alleged to have been
committed ; or
(6) by the Inspector within six months fiom the date on which
the alleged offence comes to his knowledge.
(2) No court inferior to that of a Magistrate of the Second Class
shall try any offence punishable under this Act or any 1ules or odets
made thereunder.
34. Power to make rules.—(1) The Government may, by notification,
make 1ules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for-—
(a) the terms and conditions subject to which a licence may be
granted under this Act and the fees to be paid inrespect of such
licence ;
(6) the form of application for a licence under this Act and the
documents and plans to be submitted together with such application ;
{c) submission of a quarterly return by an employer to the
competent authority specifying the quantity of beedi tobacco and
tobacco released by the Central Excise Department and the number of
beedies or cigars manufactured by him ;
(d) the records and registers that shall be maintained in beed:
and cigar industrial premises for the purpose of securing compliance
with the provisions of this Act and the rules made thereunder ;
(e) any other matter expressly required o1 allowed by this Act
to be prescribed.
(3) The power to make rules conferred by this section 1s subject
to the condition of the rules being made after previous publication.
(4) All rules made under this section shall be laid for not less
than fourteen days before the Legislative Assembly, as soon as possible
after they are made, and shall be subject to such modifications as the
Legislative Assembly may make during the session in which they are so
laid or the session immediately following.