The Occupational Safety, Health and Working Conditions Code, 2020 has been enacted by the Government of India with the objective of consolidating and rationalising multiple labour laws relating to occupational safety, health, and working conditions of workers employed in establishments. The Code subsumes various central labour legislations governing factories, contract labour, migrant workers, mines, docks, construction work, and other hazardous employments, with an aim to ensure uniformity, simplification, and enhanced ease of compliance.
Applicability
These rules as specified under Chapter XI (Part V) (Beedi And Cigar Workers) of the Code are applicable to:
Compliance Requirements under the Rules in Accordance with the Code
Application for industrial premises license u/s 74(2) must be submitted online in Form-XXX with e-payment of fees. It must include employer’s declaration as per Sec. 74(4) in Form-XXXI. License shall be valid for the F.Y. in which it is granted, after that renewal will be required.
The application shall be in accordance with T&C mentioned in Rules and as per accompanied by plans showing:
(a) 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
(b) the plan, elevation and necessary cross-sections of, the details relating to natural lighting, ventilation, means of escape in case of fire, position of the plant and machinery, if any, used, aisles and passage-ways in or in relation to, the various buildings which are intended to be used for manufacturing processes.
The State Government may allow employees to wet or cut beedi or tobacco leaves outside the industrial premises on an application made by employer on behalf of the employees as per Rules. Employers shall maintain electronic records in Form-XXXIII and an updated register of home-workers in Form-XXXIV.
The permission granted by the State Government shall be valid only for such period as specified in the order granting permission. Terms & Conditions for such permission shall be as prescribed under rules.
Employers cannot reject over 5% of beedis/cigars from a worker as sub-standard/chhat. If rejected (not due to worker’s willful negligence), the worker must be paid 50% wages for them based on the regular rate paid for accepted beedis/cigars. Applies to home-workers too.
Penalty & Punishment
General Penalty u/s 94: For contravention, the employer or the principal employer of the establishment, as the case may be, shall be liable to penalty which shall not be less than two lakhs rupees but which may extend up to three lakh rupees, and if the contravention is continued after the conviction, then, with further penalty which may extend to two thousand rupees for each day till such contravention continues.
Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article.