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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.
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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.
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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.
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(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
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(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:
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(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.
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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.
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(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.
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(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
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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). m
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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
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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.
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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.
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