Rule 50. Form of Application and Conditions under sub-section (1) and Form for maintaining of record under sub-section (2) of Section 76

(1) The State Government may permit the wetting and cutting of beedi or tobacco leaves by employees outside the industrial premises subject to such conditions for permission to work by employees outside industrial premises under sub-section (1) of section 76.

(2) The employer on behalf of employees may submit an application for wetting or cutting of beedi or tobacco leaves outside the industrial premises, to the authority in prescribed Form - XVIII.

(3) The employer shall make an application addressed to Secretary of the Labour Department on behalf of the employees to obtain permission for wetting or cutting of beedi or tobacco leaves by such employees through the Labour Commissioner. The Labour Commissioner shall forward the application with his comments within a period of seven working days to the Secretary (Labour). The Secretary (Labour) shall decide the application within a period of thirty working days. The permission so granted shall be valid only for such period as specified in the order granting permission.

(4) The permission for wetting or cutting of tobacco leaves outside the industrial premises shall be granted in Form - XIX.

(5) The record to be maintained by the employer of the work permitted under sub-section (1) of section 76 to be carried on outside the industrial premises shall be maintained in Form - XX electronically or otherwise.

(6) The employer shall in respect of the employees who are permitted to work in their houses (hereinafter referred to as the home-workers) maintain an up-to-date register in Form - XXI electronically or otherwise.

(7) Disputes relating to issue of raw materials by the employer:

(a) Any dispute between an employer of raw materials to the employee;

(i) The issue by the employer of raw materials to the employee;

(ii) The rejection by the employer of beedi or cigar or both rejected by an employee; or

(iii) The payment of wages for the beedi or cigar or both rejected by an employer;

(b) Such dispute may be referred in writing by the employer or the employee or employees to the Inspector-cum-Facilitator who shall, after making such enquiry as he may consider necessary and after giving the parties an opportunity to represent their respective cases decide the dispute and record the proceedings in Form – XXII.

(c) Any party to the dispute aggrieved by the decision thereon under sub-rule (b) above may prefer an appeal within a period of thirty days from the date of the decision to the Authority.

Provided the appellate authority may admit an appeal after the said period if the appellant satisfies such authority that he had sufficient cause for not preferring the appeal within the specified time period.

(8) Supervision of distribution of raw materials: No employer shall, if he is required to do so by an Inspector-cum-Facilitator by an order in writing, distribute except under the supervision of the Inspector-cum-Facilitator making the order or the supervision of another Inspector, raw materials to such employer or employees and during such period as may be specified in that order.

(9) Limit with regard to the rejection of beedi or cigars:

(a) No employer or contractor shall ordinarily reject as sub-standard or otherwise more than five per cent of the beedi or cigars, or both, received from a worker including a home workers.

(b) Where any beedi or cigar is rejected as sub-standard or otherwise on any ground other than the ground of willful negligence of the workers, the workers shall be paid wages for the beedi or cigars so rejected at one-half of the rate at which wages are payable to him for the beedi or cigars, or both, which have not been so rejected.

(10) Payment of wages to home workers: Where raw materials are supplied to a home worker at his home, the wages due to him shall also be paid at his home

Provided an Inspector-cum-Facilitator may, if he considers it expedient so to do in the circumstances of any case, specify in respect of any home worker in any other place or places at which wages shall be paid.

(11) Returns: The employer in respect of every industrial premises shall send to the Chief Inspector-cum-Facilitator as illustrated in Schedule - C in this regard on or before the 10th day of every month, a Monthly Return in Form - XXIII electronically or otherwise and furnish to that authority an Annual Return in Form - XXIV electronically or otherwise on or before the 30th April of every year.

(12) Maintenance of certain registers :

(1) Every employer shall provide free of cost to each home worker two books in Form - XXI (hereinafter referred to as the home workers log-book) and the home worker shall keep a record in the logbook of the quantum of raw materials received, the number of beedi or cigars supplied by him, number of standard beedi/cigars, the number of sub-standard beedis/cigars, the wages receivable and received by him for the standard beedis/cigars, sub-standard or beedis/cigars. The book shall be made of good quality paper duly bound and shall contain sufficient number of pages to last one full financial year. The supply of book shall be so arranged that one book remains with the home workers at all times during the period between the two successive supplies or raw materials by the employer.

(2) Every employer shall maintain a home worker's employment register in Form - XXI electronically or otherwise containing the names and particulars of all the home workers employed under him and the entries in the register shall be made and kept up-to-date on the basis of the entries in the home-worker's logbooks.