REQUEST FOR PROPOSALS for the safety and welfare of migrant workers and construction workers and
The Beedi and Cigar Workers (Condition Of Employment) Act, 1966 and its Orissa Rules, 1969.
PROCEDURE FOR GETTING LICENCES UNDER THE BEEDI AND CIGAR WORKERS (CONDITION OF EMPLOYMENT) ACT, 1966 AND ITS ORISSA RULES, 1969.
- ‘Industrial premises’ means any place or premises (not being a private dwelling house),including the precinct thereof, in which or in any part of which any industry or manufacturing process connected with the making of beedi and cigar or both is being or in ordinarily carried on with or without the aid of power (and including a godown attached thereto)
- As per provisions of Sec. 3 of the Beedi and Cigar Workers (Condition of Employment) Act,1966,no employer shall use or allow to be used any place or 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.
- Section 4 of this Act provides that any person who intends to use or allowed to be used any place or premises as industrial premises shall make an application in Form-1in duplicate along with plan of the place or premises and treasury challan after deposit of fees.
- Plans shall be submitted in triplicate showing :
- The site of such place or premises, the areas therein to be used for manufacturing processes and the immediate surroundings of such place or premises, including adjacent buildings,structures,roads,drains and the like and
- The plan, elevation and necessary cross sections of the details relating to natural lighting,ventilation,means of escape in case of fire, portion of the plant and machinery, if any used, arises and passage ways in or in relation to the various buildings which are intended to be used for manufacturing processes
- The local District Labour Officers are declared as Licensing Officers who are competent to issue Licences to the establishments coming under their jurisdiction.
- The employer has to submit documents in support of his identity as well as existence of his establishment along with the application. The Licencing Officer shall in deciding whether to grant or refuse a licence, have regard to the following matters.
- The suitability of the place or premises which is proposed to be used for the manufacture of beedi or cigar or both
- The previous experience of the applicant.
- The financial recourses 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
- Whether the application is made bona fide on behalf of the applicant himself or in benami of any other person.
- Welfare of the labour in the locality, the interest of the public generally and such other matters as may be prescribed.
- Fees to be deposited for grant and renewal of Licences under the Act:
No of employees proposed engaged For industrial premises in which power driven Machinery is used For industrial premises which power driven Machinery is not used Not exceeding 10 ₹ 200 ₹ 150 Between 11 and 20 ₹ 400 ₹ 300 Between 21 and 50 ₹ 800 ₹ 600 Between 51 and 100 ₹ 2000 ₹1500 Between 101 and 250 ₹ 3500 ₹ 3000 Exceeding 251 ₹ 6000 ₹ 5000
- Head of Account for deposit of fees through Treasury Challan as hereunder :- “0230 – Labour & Employment 101- Receipt under Labour Laws – 02044 –Fees realised under B&CW Act”
- The licence shall remain valid till the end of the financial year in which the Licence is granted or renewed.
- The employer who desires to renew the licence has to make application in Form-1 along with treasury challan in support of fees at least 30 days before the expiry of the period and where such application has been made, the licence shall be deemed to continue, notwithstanding the expiry of the period thereof, until the renewal of licence, or as the case may be, the rejection of application for renewal thereof.
- The employer who desires to have licence amended shall make an application to the above authority stating therein the nature of amendment required and reasons thereof along with the Licence for necessary amendment therein. The fees for the amendment of Licence shall be Rs. 100/- .
- The duplicate Licence can be issued on deposit of fee of Rs 100/-.
- Refund of Fees:- If no industry or manufacturing process connected with the making of beedi or cigar is carried on in an industrial premises at any time during the period of validity of the licence in respect thereof ,the licence may ,within a period of three months from the last date of the financial year for which the licence was granted or renewed, apply to the Licensing Officer for refund of the fee paid by him to such licence and the Licensing Officer after making such enquiry and after satisfying himself about the correctness of the information made in the application, order for refund of such fees.
- Appeal: - Any person aggrieved with the decision of the Licensing Officer refusing to grant or renew a licence or cancelling or suspending a licence may within 30 days from the date of receipt of the order sought to be appealed against on payment fees of Rs. 100/- in case of proposed no. of employees to be engaged is less than 100 and Rs 200/- in other cases may appeal to the Appellate Authority. The Appellate Authority may by order confirm, modify or reverse any order refusing to grant or renew a licence or cancelling or suspending a licence.