BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT ACT,1966)
CONTAINS
Definitions. -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
authorized by the State Government by notification in the official
Gazette to perform all or any of the functions of the competent authority
under this Act and for such areas as may be specified therein-,
(d)“Contractor” means a
person who, in relation to a manufacturing process, undertakes to
produce a given result by executing the work through contract labour
or who engages labour for any manufacturing process in a private dwelling-house
and includes sub-contractor, agent, munshi, thekedar or sattedar;
(e)“Contract labour” means
any person engaged or employed in any premises by or through a contractor,
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
or not, in any establishment 2[or godown] to do any work, skilled,
manual or clerical and includes-
(i)Any labour who is given raw material by an employer
or a contractor for being made into beedi 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 permission of, 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 any establishment or who has, by reason of his
advancing money, supplying goods or otherwise, a substantial interest
in the control of the affairs of any establishment, and includes any
other person to whom the affairs of the establishment are entrusted,
whether such other person is called the managing agent, manager, superintendent
or by any other name;
(h)“Establishment” means
any place or premises including the precincts thereof in which or in
any part of which any manufacturing process connected with the making,
of beedi or cigar or both is being, or is ordinarily, carried on and
includes an industrial premises;
3[(hh) “Godown” means any
warehouse or other place, by whatever name called, used for the storage
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 manufacturing process connected with the making of beedi or cigar
or both is being, or is ordinarily, carried on with or without the aid
of power 3[and includes a godown attached thereto];
(j)“Inspector” means an inspector appointed under sub-section
(1) of Sec.6;
(k)“Manufacturing process,”
means any process for, or incidental to, making, finishing or packing
or otherwise treating any article or substance with a view to its use,
sale, transport, delivery or disposal 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 is engaged
or employed in an establishment;
(n)“Private dwelling-house”
means a house in which person engaged in the manufacture of beedi
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 not completed eighteen years of age.
1.Messrs. Punjab Tin Supply Company, Chandigarh etc. v.
Central Government, A.I.R. 1981 S.C. 87 at t). 94; Mahe Beach Trading
Co. v. Union Territory of Pondicherry, (1996) 3 S.C.C. 741 at p. 749.
2.Ins. by Act 41 of 1993, Sec.2.
3.In by Act 41 of 1993, sec. 2