Chapter VIII Chapter VIII

Miscellaneous

The Government may, by rules made in this behalf, regulate-

1. (a) the provision of house-sites or houses to the employees;
2. (b) the provision of medical facilities to the employees by creating a welfare fund;
3. (c) the provision of he grant-in-aid including scholarships for higher education to the children of the employees from the welfare fund specified in clause (b);
4. (d) the formation of Family Benefit Fund Scheme to the employees.

Subject to the provisions of section 49, nothing contained in the Factories Act, 1948 (Central Act LXIII of 1948) shall apply to an industrial premises under this Act.

1. (1) Notwithstanding anything contained in section 48, the Government may, by notification, declare that all or any of the provisions of the Factories Act, 1948 (Central Act LXIII of 1948) shall apply to all or any classes of industrial premises under this Act.
2. (2) The Government may make rules providing for the measures for securing the safety of persons employed in the industrial premises to which the provisions of the Factories Act, 1948 (Central Act LXIII of 1948) have been made applicable under sub-section (1).

1. (1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (Central Act IV of 1936) (hereinafter in this section referred to as the said Act), the Government may, by notification, direct that, subject to the provisions of sub-section (2), the said Act or any of the provisions thereof or the rules made thereunder shall apply to all or any class of employees to which this Act applies.
2. (2) On the application of the provisions of the said Act under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act within the local limits of his jurisdiction.
3. (3) The Government may, by a like notification, cancel or vary any notification issued under subsection (1).

1. (1) The provisions of the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946), shall apply to every industrial premises wherein fifty or more persons are employed or were employed on any one day of the preceding twelve months as if such industrial premises were an industria1 establishment to which that Act has been applied, by a notification under sub-section (3) of section 1 thereof, and as if the employee in the said premises was a workman within the meaning of that Act.
2. (2) Notwithstanding anything contained in sub-section (1), the Government may, after giving not less than two months notice of their intention so to do, by notification, apply all or any of the provisions of the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946), to any industrial premises wherein less than fifty persons are employed or were employed on any one day of the preceding twelve months as if such industrial premises were an industrial establishment to which that Act has been applied by a notification under sub-section (3) of section 1 thereof, and as if the employee in the said premises was a workman within the meaning of that Act.
3. (3) Notwithstanding anything contained in the Maternity Benefit Act, 1961 (Central Act 53 of 1961), the provisions of that Act shall apply to every industrial premises as if such industrial premises were an establishment to which that Act has been applied by a notification under subsection (1) of section 2 thereof: Provided that the said Act shall, in its application to a domestic weaver, apply, subject to the following modifications, namely:-
   • (a) in section 5, in the Explanation to sub-section (1), the words "or one rupee a day, whichever is higher" shall be omitted; and
   • (b) sections 8 and 10 shall be omitted.

The provisions of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), shall apply to matters arising between employer and employees under this Act as they apply to matters arising between employer and workmen under the Industrial Disputes Act, 1947 (Central Act XIV of 1947).

1. (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement, or contract of service whether made before or after the commencement of this Act: Provided that where under any such award, agreement, contract of service or otherwise an employee is entitled to benefits in respect of any matters which are more favourable to him than those to which he will be entitled to under this Act the employee shall continue to be entitled to the more favourable benefits in respect of that matter notwithstanding that he receives benefits in respect of other matters under this Act.
2. (2) Nothing contained in this Act shall be construed as precluding any employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter, which are more favourable to him than those to which he would be entitled under this Act.

The Government may, by notification exempt, subject to such conditions and restrictions as they may impose, any class of industrial premises or class of employers or employees from all or any of the provisions of this Act or of any rule made thereunder:

Provided that nothing in this section shall be construed as empowering the Government to grant any exemption in respect of any female employee from any of the provisions of this Act or any rules made thereunder relating to the provisions of Chapters IV and V of this Act.

Nothing contained in this Act shall apply to the owner or occupier of a private dwelling house who carries on any weaving operation or any item of work incidental to such weaving operation in such private dwelling house with the assistance of the member of his family living with him in such dwelling house and dependent on him:

Provided that the owner or occupier thereof is not an employee of an employer to whom this Act applies.

Explanation. - For the purposes of this section, "family" means the spouse and children of the owner or occupier.

1. (1) The Government may frame rules providing for the scheme of registration.
2. (2) The scheme referred to in sub-section (1) may provide for the registration of employees and employer and the terms and conditions subject to which such registration may be made.

1. (1) The Government may make rules for carrying out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) the terms and conditions subject to which a licence may be granted or renewed under this Act and the fees to be paid in respect of such licence;
   • (b) the form of application for a licence under this Act and the documents and plans to be submitted together with such application;
   • (c) other matters which are to be taken into consideration by the competent authority for granting or refusing a licence;
   • (d) the time within which, the fees on payment of which and the authority to which, appeals may be preferred against any orders granting or refusing to grant a licence;
   • (e) the powers which may be conferred on the Inspectors under this Act;
   • (f) the standards of cleanliness required to be maintained under this Act;
   • (g) the standards of lighting, ventilation and temperature required to be maintained under this Act;
   • (h) the types of urinals and latrines required to be provided under this Act;
     • (i) the washing facilities which are to be provided under this Act;
   • (j) the form and manner of notice regarding the periods of work;
   • (k) the authority to which and the time within which an appeal may be filed by a dismissed, discharged or retrenched employee;
   • (l) the manner in which the cash equivalent of the advantage accruing through the concessional sale to an employee of foodgrains and other articles shall be computed;
   • (m) the records and registers that shall be maintained in an establishment for the purpose of securing compliance with the provisions of this Act and the rules made thereunder;
   • (n) the maintenance of first-aid boxes or cup-boards and the contents thereof and the persons in whose charge such boxes shall be placed;
   • (o) the scheme of registration of employees and the employer and the terms and conditions subject to which such registration may be made;
   • (p) any other matter which is to be, or may be, provided for by rules under this Act.
3. (3) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
   • (b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
4. (4) Every rule made or notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of [the Legislative Assembly], and if, before the expiry of the session in which it is so placed or the next session, [the Legislative Assembly agrees] in making any modification in any such rule or notification or [Legislative Assembly agrees] that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of on effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.