BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT ACT,1966)
CONTAINS
Industrial premises to be licensed. Save as
otherwise provided in this Act, no employer shall use or allow to
be used any place or premises as an industrial premises unless he
holds a valid licence issued under this Act and no such premises shall
be used except in accordance with the terms and conditions of such
licence.
4. Licences. - Any person who intends to use or
allow to be used any place or premises as an industrial premises shall
make an application in writing to the competent authority, in such form
and on payment of such fees as may be prescribed, for a licence to use,
or allow to be used, such premises as an industrial premises.
(2)The application shall specify the maximum number
of employees proposed to be employed at any time of the day 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 of to
the following matters: (a) The suitability of the place or premises,
which is proposed to be used for the manufacture of beedi 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 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 in benami of
any other person; (e) Welfare of the labour in
the locality, the interest of the public generally and such other matters
as may be prescribed.
(4)(a)A licence granted under this section shall
not be valid beyond the financial year in which it is granted 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 thirty days before the
expiry of the period thereof, on payment of such fees as may be prescribed,
and where such an application has been made, the licence shall be deemed
to continue, notwithstanding the expiry of the period thereof, until
the renewal of the licence, or as the case may be, the rejection of
the application for the renewal thereof. (c)The competent
authority shall, in deciding whether to renew a licence or to refuse
a renewal thereof, have regard to the matters specified in sub-section
(3).(5)The competent authority shall not grant or renew a
licence unless it is satisfied that the provisions of 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 has been obtained by misrepresentation be fraud or that
the licensee has contravened or failed to comply with any of the provisions
of this Act or the rules made thereunder or any of the terms or conditions
of the licence.
(7)The
State Government may issue in writing to a competent authority such
directions of a general character, as that Government may consider necessary
in respect of any matter relating to the grant or renewal of licences
under this section.
(8)Subject to the foregoing
provisions of this section, the competent authority may grant or renew
licences under this Act on such terms and conditions as it may determine
and where the competent authority refuses to grant or renew any licence,
it shall do so by an order communicated to the applicant, giving the
reasons in write for such refusal.