Date: 2025-05-28Category: Not ApplicableState: Tamil NaduCountry: India
TAMIL SUPPLEMENT -- The following draft amendment is proposed to be made in the Tamil Nadu Shops and Establishments Act, 1948, by virtue of the powers conferred by sub-section (1) of section 49 of the Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act 36/1947). As required by sub-section (3) of section 49 of the said Act.
**Executive Summary**
This document contains amendments and notifications concerning regulations and guidelines in Tamil Nadu. It includes revisions to the Tamil Nadu Minor Mineral Concession Rules of 1959, guidelines for employing women in night shifts in factories, and amendments to the Bidi and Cigar Workers (Condition of Employment) Rules of 1968. These changes aim to update regulations, ensure safety and fairness, and are effective as of the dates indicated in the respective government orders.
**Key Points / Main Content**
* **Amendments to Tamil Nadu Minor Mineral Concession Rules, 1959 (April 4, 2017, and April 27, 2017):**
* **Brick Kiln Registration and Operation:**
* Registration fees for brick kilns are set at ₹3,000 for chamber kilns and ₹300 for traditional kilns, renewable every three years with a 50% renewal fee.
* Annual fees for brick earth extraction range from ₹60,000 to ₹90,000 based on the number of chambers in a kiln, and ₹10,000 to ₹12,000 for traditional kilns based on the number of firing holes.
* Detailed application processes and forms (Form IV and Form V) are introduced for brick kiln registration.
* **Regulation of Clay, Silt, and Gravel Extraction (April 27, 2017):**
* The Public Works Department or Rural Development Department will prepare lists of eligible extraction sites in water bodies (excluding Chennai, Kanchipuram, and Tiruvallur districts).
* Potters, cooperative societies, the public for domestic use, and farmers for agricultural purposes are allowed to extract clay and silt from water bodies without fees after obtaining permission.
* Extraction limits are set at 75 cubic meters per acre for wetlands and 90 cubic meters for drylands for agricultural use, and 30 to 60 cubic meters for other uses.
* Prior permission from the District Collector is required for extraction, valid for a maximum of 20 days.
* Regulations on pit spacing, depth, and permitted vehicle types for extraction are specified.
* **Guidelines for Employing Women in Night Shifts (April 3, 2017):**
* Employers must establish complaint mechanisms to address sexual harassment, including a committee with a female chairperson and substantial female representation.
* Women workers are to be assisted if there is an incident.
* Adequate lighting inside and outside the factory.
* Night shifts should consist of a minimum of 10 women workers, representing at least two-thirds of the total shift workers, with women accounting for at least one-third of the supervisors.
* Provision of safe transportation to and from the factory, separate dining facilities, and accommodation is mandated.
* Medical facilities, phone connectivity.
* If the company offers food/accommodation, it must be for women only and be supervised by a woman.
* Women must not move from day to night shifts without rest and it must happen in intervals.
* Two women need to be available at the plant to assist special cases.
* Provide an appropriate women and child facility.
* **Amendments to Bidi and Cigar Workers (Condition of Employment) Rules, 1968 (April 20, 2017):**
* **Increased Fees for Licenses:**
* License fees for factories using power-operated machines have been increased.
* Fees for factories not using power-operated machines have also been increased.
* Specific fee amounts vary based on the number of workers employed.
**Impact Analysis**
* **Brick Kiln Owners/Operators**
* **Impact:** Increased registration and operational costs due to updated fees and requirements for extraction permissions.
* **Action Required:** Familiarize themselves with the new application process, pay the revised fees, and comply with extraction regulations.
* **Mining Department Officials (District Collectors)**
* **Impact:** Increased administrative workload due to the need to process applications and enforce the revised rules.
* **Action Required:** Implement the new regulations, process applications efficiently, and ensure compliance.
* **Farmers, Potters, and Public for Domestic Use**
* **Impact:** Continued access to clay and silt for agricultural and domestic purposes, subject to permission and extraction limits.
* **Action Required:** Obtain permission from the District Collector before extracting clay/silt and adhere to extraction limits and regulations.
* **Women Factory Workers and Factory Owners**
* **Impact:** Enhanced safety and security for women working in night shifts, with employers needing to provide more facilities.
* **Action Required:** Adhere to new guidelines, follow procedures and ensure there is a system in place to accomodate the rules.
* **Bidi and Cigar Factory Owners**
* **Impact:** Increased operational costs due to higher license fees.
* **Action Required:** Pay the revised license fees to operate their factories legally.
Key Entities Referenced
Tamil Nadu Minor Mineral Concession Rules, 1959: Rules amended to regulate the quarrying of clay for brick manufacturing and related mineral concessions.
Mines and Minerals (Development and Regulation) Act, 1957: Central Act providing the framework for regulating mines and minerals, particularly Section 15 which empowers the state government to make rules for minor minerals.
District Collector: Entity responsible for issuing licenses and registering brick kilns according to the updated rules; plays a key role in overseeing the extraction of minerals.
Industries Department: Government department issuing the notifications and amendments related to the regulation of brick kilns and mineral concessions.
Factories Act, 1948: Reference to amendments regarding women working at night shifts.