(3)Any person aggrieved by a settlement
made by the authority specified under sub-section (2) may prefer
an appeal to such authority and within such time as the State Government
may, by notification in the official Gazette, specify in this behalf
(4)The decision of the authority specified
under sub-section (3) shall be final.
1.Subs.
by Act 41 of 1993, Sec.9.
40.Effect
of laws and agreements inconsistent with this Act. -
(1)Theprovisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained
in any other law for the time being in force or in the terms of
any award, agreement, or contract of service whether made before
or after the commencement of this Act:
Provided
that where under any such award, agreement, contract of service
or otherwise an employee is entitled to benefits in respect of any
matters which are more favourable to him than those to which he
will be entitled to under this Act, the employee shall continue
to be entitled to the more favourable benefits in respect of that
matter notwithstanding that he receives benefits in respect of other
matters under this Act'
(2) Nothing contained in this Act shall be construed
as precluding any employee from entering into an agreement with
an employer for granting him rights or privileges in respect of
any matter, which are more favourable to himthan those to which
he would be entitled under this Act.
41.Power
of exempt. -The State
Government may, by notification in the official Gazette, exempt,
subject to such conditions and restrictions as it may impose, any
class or industrial premises or class of employers or employees
from all or any of the provisions of this Act or of any rules made
thereunder:
Provided that nothing
in this section shall be construed as empowering the State Government
to grant any exemption in respect of any woman employee from any
of the provisions of this Act or any rules made thereunder relating
to annual leave with wages, maternity benefits, creches, wages,
rejection of beedi or cigar and night work.
42.Powers
of Central Government to give directions -The CentralGovernment may give direcions to State Government as
to the carrying into execution of the provisions of this Act.
43.
Act not to apply to self-employed persons in private dwelling houses.
-Nothing contained in this Act shall apply to the owner or occupier
of a private dwelling-house
who carries on any manufacturing process in such private dwelling-house
with the assistance of the members of his family living with him
in such dwelling-house and dependent on him:
Provided that the owner
or occupier thereof is not an employee of an employer to whom this
Act applies.
Explanation. -For
the purposes of this section, “family” means the spouse and children
of the owner or occupier.
44.Power to make
rules. -
(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 that 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 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
employees;
(o)The manner in which the cash equivalent
of the advantage accruing through the concessional sale to an employee
of food grains 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 maintenance 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;
(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, 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 in sub-section (2) of Sec. 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 Cl.
(3) of Sec. 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 one session or in two successive sessions, and if, before
the expiry of the session it which it is so laid or the session
immediately following, the Legislatures agree in making any modification
in the rule or the Legislature agree that 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, Sec. 10.