THE BEEDI WORKERS WELFARE FUND1
RULES, 1978,
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In exercise of the powers conferred by Sec. 12 of 2[the Beedi Workers Welfare Fund Act, 1976]; the Central Government hereby makes the following rules, namely:
1. Vide G.S.R. 1232, dated 25th September 1978, published in the Gazelle of India, Pt. II, Sec. 3 (i), dated the 7th October, 1978, pp. 2319-33,
2. Subs. by G.S.R. 703, dated 6th August 1982 (w.e.f. 21st August, 1982), published in the Gazette of India, Pt. II, Sec. 3(i), dated 21st August, 1982.
CHAPTER-I
General:
(1) These rules may be called the Beedi Workers Welfare Fund Rules, 1978.
(2) They shall come into force on the date of their publication in the Official Gazette.
In these rules, unless the context otherwise requires,-
(1) “Act” means the Beedi Workers Welfare Fund Act, 1976 (62 of 1976)
(2) “Advisory Committee” means an Advisory Committee constituted under Sec. 5 of the Act;
1[(2-A) “the Agency” for the purposes of the provisions of the Act and Rules framed thereunder shall satisfy the following criteria, namely
(a) It shall be a legal entity;
(b) It shall have the necessary set up in the area in which project to provide welfare measures and facilities, is proposed to be undertaken and also gained the relevant experience for a minimum period of three years;
(c) It shall have the objection to serve the social and economic, needs of the community as a whole and mainly the weaker sections and unorganised sections like beedi workers. It must not work on profit motive but on no profit no loss basis;
(d) The activities of the agency shall be open to participation on by all citizens of India irrespective of the religion caste, creed, sex, race, place of birth or any of them;
(e) It should have the necessary flexibility, professional competence and organisational skills to implement programme particularly in respect of unorganised work force;
(f) it declares that it will adopt, constitutional and non-violent means for achieving its objections; and
(g) It is committed to secular and democratic concepts and methods of functioning;]
(3) “Central Advisory Committee” means a Central Advisory Committee constituted under Sec. 6 of the Act;
(4) “Chairman” means the Chairman of an Advisory Committee or the Central Advisory Committee, as the case may be;
(5) “Commissioner” means a Welfare Commissioner appointed by the Central Government under Sec. 3, for any State or States concerned;
(6) “Form” means form in Schedule V;
(7) “Fund” means the Beedi Workers Welfare Fund;
(8) “Member” means a Member of an Advisory Committee or the Central Advisory Committee, as the case may be;
(9) “Schedule” means a schedule appended to these rules;
(10) “Section” means a section of the Act;
(11) “Treasury” means by Government Treasury or sub-treasury.
1. Ins. by G.S.R. 750, dated 22nd September, 1989, published in Gazette of India pt. Sec. 3 (i) dated 7th October, 1989,
Central Advisory Committee, Advisory Committees and Sub-Committees
(1) (a) The Central Advisory Committee shall consist of the following persons, to be appointed by the Central Government, namely:
1[(i) The Labour Minister, Minister of State in the Ministry of Labour or the Deputy Labour Minister........... Chairman.]
(ii) The Director-General (Labour Welfare) or any other officer of a rank not lower than Joint Secretary in the Ministry of Labour shall be the Vice-Chairman, ex-officio;]
(iii) All Commissioners-ex-officio
(iv) Such number of persons to represent the owners of establishments, factories or contractors who are engaged in the manufacture of beedis as are equal in number to the aggregate of those provided in sub-clauses (ii) and (iii) to be appointed, after consultation with such organisations, if any, of the owners of beedi factories or establishments or contractors as may be recognized by the Central Government in this behalf,
(v) Such number of persons to represent the persons employed in the manufacture of beedis, employed by any establishment or factory directly or through any agency, employer or contractor as are equal in number to those provided in sub-clause (iv) to be appointed, after consultation with such organizations, if any, of the persons so employed, as may be recognized by the Central Government in this behalf;
(vi) A woman, if no woman has been appointed under sub-clause (iv) or sub-clause (v);
1[(vii) A woman, if no woman has been appointed under sub-clause (v) or sub-clause (vi)]
(b) An officer of the Central Government shall be appointed by that Government as Secretary of the Central Advisory Committee and shall be entitled to attend and take part in the meetings of the Committee, but shall not be entitled to vote.
(2) (a) Each Advisory Committee constituted under Sec. 4 or Sec. 5 shall consist of the following persons, to be appointed by the Central Government, namely:
(i) The Chairman;
(ii) The Commissioners having jurisdiction in the State or States for which the Advisory Committee is constituted, who shall be the Vice-Chairman, ex-officio:
Provided that where more than one Commissioner is appointed to the Committee, the Central Government may appoint any one of them to be the Vice-Chairman;
(iii) One representative each of the concerned State Government or States Government, as the case maybe ex-officio;
(iv) A member of the State Legislature appointed in consultation with the Government or Governments of State or States concerned;
(v) Such number of persons to represent the owner of beedi establishments or factories or contractors who are engaged in the manufacture of beedis, as are equal to the aggregate of those provided in sub-clauses (ii) and (iii), to be appointed after consultation with the organizations of the owners of beedi establishments or factories or contractors, if any, as may be recognised by the Central Government in this behalf,
(vi) Such number of persons to represent the persons employed in the manufacture of beedis, as are equal to the aggregate of those provided in sub-clauses (ii) and (iii), to be appointed after consultation with the organisations of the persons so employed, if any, as may be recognised by the Central Government in this behalf;
(vii) A woman if no woman has been appointed under sub-clause (vi).
(b) An officer of the Beedi Workers Welfare Organisation of the State or States concerned shall be appointed as the Secretary of the Advisory Committee and the Secretary so appointed shall be entitled to attend and take part in the meetings of the Committee, but shall not be entitled to vote.
1. Subs. by G.S.R. 703, dated 6th August, 1982 (w.e.f. 21st August, 1982).
(1) (a) A member (other than an ex-officio member) shall, unless he resigns his office or dies or otherwise vacates his office at an earlier date, hold office for a period not exceeding three years as may be specified by the Central Government in each case while making the appointment, from the date of publication in the Official Gazette of the notification appointing him as a member of the Advisory Committee of the Central Advisory Committee, as the case may be, and shall be eligible for reappointment;
Provided that an outgoing member shall continue in office until the appointment of his successor is notified in the Official Gazette.
(b) An ex-officio member shall hold office during the pleasure of the Central Government.
(2) A member appointed to fill a casual vacancy shall hold office for as long as the member whose place he fills would have been entitled to hold office if the vacancy had not occurred.
1[(3) If a member is unable to attend a meeting of the Central Advisory Committee or the Advisory Committee, then, in the case of a member appointed under sub-clause (iv) or sub-clause (v) of Cl. (a) of sub-rule (1) of rule 3 or under sub-clause (v) or sub-clause (vi) of Cl. (a) of sub-rule (2) of that rule, the Central Government may, in consultation with represented by him in the Central Advisory Committee or the Advisory Committee, as the case may be, depute a member in his place to attend the meeting, and in other cases may nominate a substitute in his place to attend the meeting and such deputed or nominated member shall have all rights of a member in respect of that meeting.]
1. Subs. w.e.f 21st August 1982) 5 for sub-rule (3)
(1) A non-official member other than the Chairman of an Advisory Committee may resign his office by writing under his hand addressed to the Chairman.
(2) The Chairman of an Advisory Committee may resign his office by writing under his hand addressed to the Central Government.
(3) The resignation shall take effect from the date of its acceptance or on the expiry of thirty days from the date of its receipt by the Chairman or, as the case may be, by the Central Government, whichever is earlier.
6. Absence from India. –1[*] Before a non-official member leaves India he shall intimate to the Chairman the date of his departure from and the date of his expected return to India, and if he intends to be absent from India for a period longer than six months, he shall tender his resignation.
2 [* * *]
1. Sub-rule (1) of rule 6 to be read as rule 6, vide G.S.R. 703, dated 6th August 1982 (w.e.f. 21st August, 1982).
2. Sub-rule (2) omitted by G.S.R. 703, dated 6th August 1982).
(a) If he becomes of unsound mind or is declared insolvent; or
(b) If he is convicted for any offence which in the opinion of the Central Government involves moral turpitude; or
(c) If he is absent from three consecutive meetings of the Advisory Committee or the Central Advisory Committee, as the case may be, without leave of absence from the Chairman; or
(d) If, in the opinion of the Central Government, it is not desirable that he should continue to be a member of the Advisory Committee or the Central Advisory Committee, as the case may be;
(e) In the case of a member of a State Legislature, on his ceasing to be member of such State Legislature;
If he ceases to represent the interest for representing which he was appointed.
8. Allowances payable to members: -A non-official member, including a non-official co-opted member or invitee shall be entitled to receive travelling allowance and daily allowance as specified in Sch.1.
PROCEDURE RELATING TO MEETINGS:
(1) Every question which an Advisory Committee or the Central Advisory Committee is required to take into consideration shall be considered either at a meeting, or if the Chairman so directs, by sending the necessary papers to every member for opinion:
Provided that the papers are sent to the members by registered post with acknowledgment due and with the request that the views of the members should reach the office of the Advisory Committee or the Central Advisory Committee, as the case may be, within a specified period.
Provided further that the papers will not be sent to a member who is absent from India.
(2) When a question is referred to the members for opinion by sending papers, any member upon the member may request that the question be considered at a meeting and thereupon Chairman may, and if the request is made by three or more members shall direct that it be so considered.
(3) If not less than three members of an Advisory Committee or the Central Advisory Committee request the Chairman to refer any matter to the Committee, the Chairman shall refer that matter to it accordingly.
1[10. Time place and date of meetings: -An Advisory Committee or the Central Advisory Committee shall meet at least once a year at such places and on such date and at such times as may be appointed by the Chairman.]
1. Subs. by G.S.R. 703, dated 6th August, 1982, for rule 10 (w.e.f 21st August, 1982).
(1) Notice shall be given to every member present in India of the time and place fixed for each ordinary meeting at least fifteen days before such meeting and every member shall be furnished with a list of business to be considered at the meeting.
(2) (a) An 1[urgent] meeting of an Advisory Committee or the Central Advisory Committee may be called by the Chairman thereof to discuss matters on which a decision had to be taken immediately.
(b) Notice shall be given either by registered post or by telegram or in person, to every member present in India, of the place, time and date of an 2[urgent] meeting at least four days before such meeting and every member shall be furnished with a list of business to be considered at the meeting.
(3) No business which is not included in the list shall be considered at a meeting without the permission of the Chairman.
1. Subs. by G.S.R. 703, dated 6th August, 1982 (W.e.f. 21st August, 1982). for the word “emergency”.
2. Subs. by G.S.R. 703, dated 6th August, 1982, for rule 10 (w.e.f 21st August, 1982).
12. Presiding at meeting. -The Chairman shall preside at every meeting at which he is present and in his absence the Vice-Chairman shall preside.
13. Quorum. -No business shall be transacted at a meeting (whether it be an ordinary or emergency meeting) of an Advisory Committee or the Central Advisory Committee unless at least one-third of the total number of members of the Advisory Committee or the Central Advisory Committee, as the case may be, having the right to vote are present and at least one of the members so present is the Chairman or the Vice-Chairman:
Provided that if at any meeting less than one-third of the total number of members are present the Chairman or in the absence of Chairman the Vice-Chairman may adjourn the meeting to a date not less than seven days from the date of the meeting, informing the members present and sending registered notice to the other members that he proposes to dispose of the business at the adjourned meeting irrespective of the quorum and it shall thereupon be lawful to dispose of the business at the adjourned meeting whether there is quorum or not.
(l) Every question at a meeting of the Advisory Committee or the Central Advisory Committee shall be decided by a majority of votes of the members present and voting on that question, but the minority shall in all cases have the right of requiring their dissent to be noted.
(2) Every question referred to the members for opinion shall, unless the Chairman in pursuance of sub-rule (2) of rule 9 reserves it for consideration at a meeting, be decided in accordance with the opinion of the majority of members recording opinion within the time specified.
(3) In the case of an equal division of votes or opinion the Chairman shall have an additional or casting vote whether the matter is considered at the meeting of the Central Advisory Committee or the Advisory Committee or by sending the papers for the opinion of members.
15. Minutes of meeting. -The proceedings of each meeting of an Advisory Committee or the Central Advisory Committee shall be circulated to all members present in India, as soon as may be after the meeting, and shall be read out and confirmed at the next meeting of the Committee, and shall be signed by the Chairman or as the case may be, the Vice-Chairman or other person presiding at such next meeting and shall thereafter be recorded in a minute book, which shall be kept for permanent record.
16. Headquarters of an Advisory Committee or the Central Advisory Committee. -The headquarters of the Central Advisory Committee shall be in New Delhi and the headquarters of an Advisory Committee shall be at such place or places as may be fixed by the Central Government from time to time.
17. Executive of an Advisory Committee. -1[* * *] The Welfare Commissioner shall be the Chief Executive of an Advisory Committee and exercise the executive functions of the Committee on its behalf.
2 [* * * *]
1. Sub-rule (1) of rule 17 to be read as rule 17, vide G.S.R. 703, dated 6th August 1982 (w.e.f. 21st August, 1982).
2. Sub-rule (2) omitted by ibid.
18. Staff powers of the Commissioner. -The Commissioner may authorize the staff of the Advisory Committee to give assistance to any member of an Advisory Committee or of a sub-committee of the Advisory Committee or to any other authority exercising executive or advisory functions in connection with the Act.
19. Conditions of service of persons appointed under Sec. 8: -Persons appointed under Sec. 8 shall be governed by such rules relating to the terms and conditions of service as are applicable to the Central Government servants.
(1) The Commissioner shall have power subject to the provision in the sanctioned budget, to incur expenditure on administrative staff and welfare schemes:
Provided that: -
(i) He shall have no powers to sanction any Scheme, not included in the budget, if it involves expenditure exceeding Rs. 50,000 non-recurring and Rs. 5,000 recurring a year; and (ii) any new schemes within these limits shall require the approval of the Finance Sub-Committee before any expenditure on it is incur-red.
(2) The Commissioner may sanction, without reference to the Advisory Committee expenditure on contingencies, supplies and services and purchases of articles required for the smooth and efficient running of the organisation under him, subject to financial provision in the sanctioned budget and to the condition that the expenditure on any single object or service shall not exceed Rs. 4,000 non-recurring and Rs. 800 recurring.
Powers of Advisory Committees
(1) The annual budget as prepared by the Commissioner in consultation with the Finance Sub-Committee shall be considered by the Advisory Committee concerned each year and thereafter a copy of the budget as approved by the Advisory Committee, shall be forwarded not later than the 1st day of October each year for sanction to the Central Government which may make such alterations therein as it considers necessary before according its sanction.
(2) The budget to be forwarded to the Central Government shall be accompanied by detailed self-contained notes explaining new schemes included therein.
22. Other matters to be considered by an Advisory Committee. –An Advisory Committee shall consider the budget and any other matter that may be laid before it by the Commissioner with the permission of the Chairman.
23. Committee to be informed of expenditure. -A memorandum setting forth any grant made of expenditure incurred since the last meeting shall be laid at each meeting of an Advisory Committee.
(1) An Advisory Committee shall elect from among its members two persons of whom one shall be a person to represent owners of establishments or factories or contractors who are engaged in the manufacture of beedis and the other to represent the persons employed in the manufacture of beedis, to constitute a Finance Sub-Committee of which the Commissioner shall be additional member and Chairman.
(2) An Advisory Committee may at any time co-opt a person or persons to the Finance Sub-Committee and any person so co-opted shall exercise all the powers and functions of a member of the Finance Sub-Committee, but shall not be entitled to vote and shall not solely by reason of being so co-opted be a member of the Advisory Committee.
(3) Notice of every meeting of the Finance Committee shall be sent to the Chairman of the Advisory Committee who may attend such meeting if he so desires, and if he does so attend, he shall, notwithstanding anything contained in sub-rule (1), preside at the meeting and shall be entitled to vote.
25. Duties of the Finance Sub-Committee. -The duties of the Finance Sub-Committee shall be to frame schemes of expenditure, to advise on the budget drawn up by the executive of the Advisory Committee and on the accounts of the Advisory Committee and also in regard to all expenditure and to consider all schemes referred to in Cl. (ii) of the proviso to rule 20.
26. Other sub-committees. -An Advisory Committee may, as and when considered necessary, constitute from its members, as many sub-committees as it may deem necessary for considering and reporting on such matters as may be specifically assigned to it.
27. Meeting of the Sub-Committee. -The meetings and proceedings of the Finance Sub-Committee and any other sub-committees, which may be constituted under rule 26, shall be governed by the provisions herein contained for regulating the meetings and proceedings of an Advisory Committee in so far as the same are applicable.
CHAPTER-IV
Grants and Welfare Standards
(1) In each case in which a grant is made by or with the approval of the Central Government to a State Government a 1[local authority agency,] the owner of an establishment or factory or contractor engaged in the manufacture of beedis, in aid of any scheme approved by the Central Government for the purposes of the Act, the Central Government may impose conditions necessary for ensuring-
(a) That the work for which the grant is made is duly and promptly executed and the money is actually utilized for the purpose for which it is granted;
(b) That the data, on which the grant is calculated, are in accordance with facts
(c) That any particulars, which the Central Government may from time to time require for the proper discharge of its responsibilities, are promptly supplied;
(d) That all necessary, facilities for inspection are accorded to persons duly authorised by the Central Government for the purpose of satisfying itself that the provisions of Cl. (a) are complied with or for checking the correctness of any particulars supplied under Cl. (c) or for the collection of any such particulars;
(e) That proper accounts of the money granted are kept and are submitted for audit by such persons as the Central Government may authorise in this behalf;
(f) That an additional statement of accounts together with a certificate of a Registered Accountant or other recognised body of auditors to effect that the accounts are correct, is furnished by the grantee; and
(g) That the labour employed on regular basis and that employed on contract basis are given 2[same] welfare facilities.
(2) Before making a grant to a State Government, 1[local authority agency,] or the owner of establishment or factory or contractor who is engaged in the manufacture of beedis, the Central Government shall require such State Government, local fulfillment of the conditions imposed by the Central Government under sub-rule (1).
(3) It shall be the condition of every bond executed under sub-rule (2) that in the vent of the State Government 1[local authority agency,] or owner of the establishment or factory or contractor violating any condition imposed under sub-rule (1) such State Government 1[local authority agency,] or owner or contractor shall be liable to pay to the Central Government a sum not exceeding the amount paid as grant by way of penalty in addition to the refund of the entire remaining grant, and where the amount of penalty and the remaining grant is huge, payment may be allowed in two or three installments.
1. Subs by G.S.R. 750, dated 22nd September, 1989
2. Subs by G.S.R. 703, dated 6th August 1982, (w.e.f. 21st August, 1982) for the words “similar”.
(1) The standard of dispensary service to be provided by owners of establishments or factories or contractors who are engaged in the manufacture of beedis for the purpose of getting the grant-in-aid envisaged in Cl. (c) of sub-section (1) of Sec. 4 of the Act shall be as specified in Sch. II, hereinafter in the rule and in rules 30 and 31 referred to as the prescribed standard.
(2) There shall be maintained an independent dispensary or hospital at the site of each establishment or factory engaged in the manufacture of bee & according to the prescribed standard:
Provided that a common main dispensary may be maintained for several establishments or factory engaged in the manufacture of beedi with branch dispensaries attached to each establishment or factory engaged in the manufacture of beedi subject to the following conditions, namely:
(i) The common main dispensary shall maintain the standards prescribed for the aggregate number of workers of all the establishments or factories engaged in the manufacture of beedis served by it or the standard maintained by it during the year 1975, whichever is higher:
(ii) Every branch dispensary shall have a qualified doctor and a qualified pharmacist (compounder);
(iii) The common main dispensary shall be so situated that none of the establishment or factory engaged in the manufacture of beedis served by it is more than fifteen kilometers away from it; and
(iv) The common main dispensary shall maintain an ambulance van for taking serious cases of injury and sickness from the branch dispensaries to the common main dispensary.
(3) The Commissioner may, if he is satisfied that any dispensary or hospital is being efficiently run and served the purpose for which it is established, waive any of the requirements specified in the prescribed standard:
Provided that no such dispensary or hospital shall contain any room other than a store room which is less than four metres by three metres in area:
Provided further that a Registered Medical Practitioner may be appointed to be in-charge of a dispensary, catering to more than 250 workers, only if he has ten years experience as medical officer in independent charge of a dispensary.
30. Inspection. -The dispensary services maintained by establishments or factories or contractors engaged in the manufacture of beedis shall be inspected at intervals not exceeding one year by such medical or other officer as may be authorised by the Commissioner for the purpose or by the Commissioner himself whenever he considers it necessary and the inspecting officer or the Commissioner, as the case may be, shall, if the dispensary conforms to the prescribed standard issue a certificate in Form ‘A’, which shall be valid for a period of one year from date of issue.
31. Submission of periodic returns. -Every owner or contractor, engaged in the manufacture of beedis, who maintains a dispensary service according to the prescribed standard shall submit to the Commissioner:
(i) In January and July of each year a statement showing the total number of persons employed by him in the manufacture of beedis during the preceding six months; and
(ii) In January of each year a certified statement of expenditure incurred on the dispensary during the preceding twelve months.
(1) The standard of maternity centre to be provided by owners or contractors who are engaged in the manufacture of beedis for the purpose of getting the grants-in-aid envisaged in Cl. (c) of sub-section (1) of Sec. 4 of the Act shall be as specified in Sch. III, hereinafter in this rule and as in rules 33,34 and 35 referred as the prescribed standard.
(2) There shall be maintained an independent maternity centre at each establishment engaged in the manufacture of beedis according to the prescribed standard:
Provided that a common main maternity centre may be maintained for several establishments or factories engaged in the manufacture of beedis with branch maternity centre attached to each establishment or factory engaged in the manufacture of beedis subject to the following conditions, namely:
(i) The common main maternity centres shall maintain the prescribed standard for the aggregate number of workers of all the establishment or factories engaged in the manufacture of beedisserved by it or the standard maintained by it during the year 1975, whichever is higher;
(ii) Every branch maternity centre shall have a qualified doctor and a qualified compounder ;
(iii) The common main maternity centre shall be so situate that none of the establishments manufacturing beedi served by it is more than fifteen kilometers away from it; and
(iv) The common main maternity centre shall maintain an ambulance van for taking serious cases from the branch maternity centres to the common maternity centre.
(3) The Commissioner may, if he is satisfied that a maternity centre is being efficiently run and serves the purpose for which it is established, waive any of the requirements specified in the prescribed standard:
Provided that the functions of a lady health visitor may be performed by a fully qualified and registered mid-wife, who has not less than ten years experience as a midwife:
Provided further that a lady medical licenciate may be appointed to be in-charge of a maternity centre catering to more than 1,000 workers if she has ten years experience as a medical officer in independent charge of a maternity centre.
33. Inspection. -The maternity centre maintained by owners of establishments or factories or contractors engaged in the manufacture of beedis shall be inspected at intervals not exceeding one year by such medical or other officers as may be authorised by the Commissioner for the purpose or by the Commissioner himself whenever he considers it necessary and the inspecting officer or the Commissioner, as the case may be, shall, if the centre conforms to the prescribed standard, issue a certificate in Form ‘B’ shall be valid for a period of one year from the date of issue.
34. Submission of periodic returns. -Every owner of an establishment or factory or a contractor engaged in the manufacture of beedis who maintains a maternity centre according to the prescribed standard shall submit to the Commissioner in January of each year a certified statement of the expenditure incurred on the maternity centre during 'he preceding twelve months.
35. Extent of grant-in-aid. -Every owner of an establishment or factory of a contractor engaged in the manufacture of beedis who maintains a dispensary or a maternity centre for the benefit of workers employed in his establishment which conforms to the prescribed standard under the rule 29 or 32, as the case may be, and is subject to inspection under rule 30 or rule 33, as the case may be, if he desires, to carry on improvements on the facilities existing on the 1st April, 1976, be eligible for such grant-in-aid in respect of non-recurring expenditure on such improvement as the Central Government may decide, subject to the condition that it shall not exceed 50 percent of the said expenditure.
(1) The standard of facilities for education and recreation of workers to be provided by owners of establishment or factories or contractors who are engaged in the manufacture of beedis for the purpose of getting grant-in-aid as envisaged in Cl. (c) of sub-section (1) of Sec. 4 of the Act shall be as specified in Sch. IV hereinafter in this rule and in rules 37, 38 and 39 referred to as the prescribed standard.
(2) There shall be maintained an independent welfare centre at each establishment or factory engaged in the manufacture of beedis according to the prescribed standard.
(3) The Commissioner may, if he is satisfied that the centre is being efficiently maintained and serves the purposes for which it is established, waive any of the requirements specified in the prescribed standard.
37. Inspection. -The welfare centre maintained by owners of establishments or factories or contractors engaged in the manufacture of beedis shall be inspected at intervals not exceeding one year by such officer as may be authorised by the Commissioner for the purpose or by the Commissioner himself whenever he considers it necessary and the inspecting officer or the Commissioner, as the case may be, shall, if the centre conforms to the prescribed standard, issue a certificate in Form ‘C’ which shall be valid for a period of one year from the date of issue.
38. Submission of periodic returns: -Every owner of an establishment or factory or contractor engaged in the manufacture of beedis, who maintains a welfare centre according to the prescribed standard shall submit to the Commissioner-
(i) Immediately on the establishment of the welfare centre, adequate proof to the satisfaction of the Commissioner showing the capital expenditure incurred on the construction and equipment of the welfare centre; and
(ii) In January, each year a certified statement of the expenditure incurred on the welfare centre during the preceding twelve months:
Provided that the statement shall not include expenditure, if any, incurred on repairs and replacements.
39. Extent of grant-in-aid: -Every owner of an establishment engaged in the manufacture of beedis, who maintains a welfare centre for the benefit of the workers employed in his establishment which conforms to the prescribed standard under rule 36 and is subject to inspection under rule 37 be eligible to a grant-in-aid which shall not exceed 50 percent of the amount spent by the owner of the establishment in the construction and equipment of the welfare centre subject to the maximum of Rs. 10,000.
1[(1)
(a)] The owner of an establishment, factory or contractor engaged in the manufacture of beedis maintain such registers as the Central Government may specify and shall also furnish such statistics and other information as that Government or any person so authorised may, by written order, require for the purposes of the Act, in Form ‘D’ and within such time (being not less than thirty days from the date on which the order is served on the person concerned), and in such manner, as may be specified in the order.
2[(1) (ab)
The agency shall maintain such registers as the Central Government may specify and shall also furnish such statistics and other information as that Government or any person so authorised may by written order, require for the purposes of the Act, in Form ‘D’ within such time (being not less than 30 days from the date on which the order is served on the person concerned), and in such manner, as may be specified in that order.]
(2)(a) The Commissioner may require the executive authority of any local body, such as, Municipality, District Board, Panchayat Boards, Block Development Units in any State or Union territory where persons are engaged in the manufacture of beedis to prepare a register of beedis workers residing within the jurisdiction of that authority.
(b) The registers referred to in Cl. (a) shall contain the following particulars relating to the beedi workers in the area under the jurisdiction of the local authority:
1.
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Name
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2.
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Age
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3.
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Sex
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4.
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Address
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5.
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Place of work
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6.
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Distance of place of work from their residence
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7.
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Name of person or establishment by whom employed
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8.
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Name of the trade work holder.
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(c) Officers deputed by the Commissioner shall be afforded all necessary facilities by the owners and local authorities to collect statistics or other information from the register referred to in Cl. (a) for the purpose of the Act.
(3) Any owner of an establishment or factory or contractor engaged in manufacture of beedis who, without reasonable excuse fails to furnish the statistics or other information required under sub-rule (1) or furnished statistics or other information containing a statement, entry or detail which is not to the best of his knowledge or belief true or any executive authority enumerated under sub-rule (2), who without reasonable excuse, fails to prepare a register as required under that sub-rule shall be punishable with fine which may extend to Rs. 500.
1. Original sub-rule (1) renumbered as “(1) (a)”' by G.S.R. 750, dated 22nd September 1989.
2. Ins. By G.S.R. 750, dated 22nd September, 1989.
1[(1)] The owner of an establishment, factory or contractor engaged in the manufacture of beedi shall issue to every employee an identity card in Form ‘E’ on which a photograph of worker would also be affixed.
2[(2) Any owner of an establishment, factory or contractor engaged in the manufacture of beedis who without reasonable cause fails to issue to any employee an identity card as required under sub-rule (1) shall be punishable with fine which may extend to two thousand rupees.]
1. Re-numbered by G.S.R. 750, dated 22nd September 1989.
2. Ins. by ibid.
TRAVELLING AND DAILY ALLOWANCES
A. Non-officials other than members of Parliament and State Legislature.
(a) Travelling allowance.
(1) Journey by rail: -Normally, a member should travel by first class by rail and in -respect of such journeys, he shall be entitled to first class rail-fare.
1[Provided that the Central Government may allow a member to travel by air conditioned coach where this concession is, in the opinion of the Central Government, justified due to any special consideration indicated by the member.]
1. Subs. by G S. R 703, dated 6th August, 1982 (w.e.f. 21st August, 1982) for the proviso and paragraph (a), (b) and (c).
(i) In the respect of journeys by road between places not connected by rail, a member shall be entitled to road mileage at 60 paise per kilometre for travel in his own car or full taxi or 20 paise per kilometre for travel on motor cycle or scooter.
(ii) Where journey between two places by rail is performed by road, he will be entitled to the- prescribed road mileage- limited to First Class fare by rail:
Provided that, wherein an individual case, the Central Government is satisfied that the journey by road was performed in public interest, full road mileage allowance may be allowed without restricting it to rail fare.
(3) Journey by sea or by river steamer. -In respect of journeys by sea or by river steamer, a member will be entitled to one fare at the lowest rate (“elusive of diet) of the highest class of accommodation.
(i) Air travel shall not be permitted as a matter of course and each case will be examined on merits by the Central Government and permission for air-travel granted only if it could be certified that air-travel is urgent and necessary in public interest.
(ii) A member when authorised to travel by air shall be entitled to travel by Economy (Tourist) class where two classes of accommodation, that is, First and Economy (Tourist) class accommodation, are available on the airlines.
(iii) In cases where air-travel is authorized, a member will be entitled to one standard air-fare.
NOTE. -Every member is required to purchase return ticket, wherever it is available, when it is expected that the return journey can be performed before the expiry of the period for which return ticket is available and the millage allowance for the forward and the return journeys when such return ticket is available shall be the actual cost of the return ticket.
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