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THE BEEDI AND CIGAR WORKERS (CONDITIONS OF
EMPLOYMENT) AMENDMENT ACT, 1993
No.41 OF 1993
[22nd May, 1993.]
An Act to amend the Beedi and Cigar Workers (Conditions of
Employment) Act, 1966.
Contents
1.Short title and Commencement
2.Amendment of section 2
3.Insertion of new section 7A
4.Amendment of section 14
5.Amendment of section 18
6.Amendment of section 21
7.Amendment of section 31
8.Amendment of section 32
9.Amendment of section 39
10.Amendment of section 44
BE it enacted by Parliament in the forty-fourth Year of the Republic of India as follows:-
1.Short title and Commencement
.- (1) This Act may be called the Beedi and Cigar Workers (Conditions of Employment)
Amendment Act, 1993.
(2) It shall come into force in a State on such date as the State Government may,
by notification in the Official Gazette, appoint; and different dates may be appointed by the
State Government for different areas and for different provisions of this Act
2.Amendment of section 2
.- In section 2 of the Beedi and Cigar Workers (Conditions of employment) Act, 1966 (32
of 1966.) (hereinafter referred to as the principal Act),-
(a) in clause (f),-
(i) in the opening paragraph, after the word "establishment", the words "or godown"
shall be inserted;
(ii) in sub-clause (ii), after the words "or contractor", the words "or both" shall be
inserted;
(b) after clause (h), the following clause shall be inserted, namely:-
'(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;';
(c) in clause (i), the words "and includes a godown attached thereto" shall be added at
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the end.
3.Insertion of new section 7A
.- After section 7 of the principal Act, the following section shall be inserted, namely:--
7A.Inspector not to disclose the source of any complaint, etc.- (1) No Inspector
shall disclose the source of any complaint made to him regarding the contravention of
any of the provisions of this Act.Inspector not to disclose the source of any complaint
etc.
(2) No Inspector shall, while making an inspection under this Act in pursuance of a
complaint received by him, disclose to the employer or contractor concerned or any of
his representatives that the inspection is being made in pursuance of a complaint.
Provided that noting in this section shall apply to any case in which the person who has
made the complaint has consented to disclose his name.
4.Amendment of section 14
.- In section 14 of the principal Act in sub-section (1) for the word fifty the word thirty
shall be substituted.
5.Amendment of section 18
.- In section 18 of the principal Act, after sub-section (2) the following Explanation shall
be inserted namely:-
"Explanation - Where an employee had not worked on any day of the week
immediately preceding the week in which the overtime work has been done any week
preceding such week in which he had actually worked shall be taken into account in
calculating the overtime rate fro the purpose of this sub-section".
6.Amendment of section 21
.- In section 21 of the principal Act to sub-section (1) the following proviso shall be added
namely:-
"Provided that a copy of every such notices shall be sent to the Inspector having
jurisdiction over the industrial premises within tow week from the date on which such
notice is exhibited in the industrial premises".
7.Amendment of section 31
.- In section 31 of the principal Act, after sub-section (2) the following sub-section shall
be inserted namely:-
"(2A) The appellate authority shall have the same powers as are vested in a civil court
under the Code of Civil Procedure 1908, when trying a suit in respect if the following
matters namely:-
(a) enforcing the attendance of any person and examining him on oath; and
(b) compelling the production of documents and material objects.".
8.Amendment of section 32
.- In section 32 of the principal Act, for the words three months and five hundred rupees
the words six months and five thousand rupees shall respectively be substituted.
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9.Amendment of section 39
.- In section 39 of the principal Act in sub-section (2) for the portion beginning with the
words shall be settled and ending with the words specify in this behalf the following
namely:-
"shall be referred for settlement within such time and by such authority as the State
Government may by rules specify in this behalf and such rules may also provide for the
summary manner in which such disputed shall be settled".
10.Amendment of section 44
.- In section 44 of the principal Act in sub-section (2) include for the words authority by
which and the manner in which a dispute as to the clause of raw materials shall be settled
the words the time within which a dispute specified in sub-section (2) of section 39 shall
be Revenue for settlement the authority by which and the summary manner in which such
dispute shall be settled shall be substituted.
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