Sections 76 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 76 and 77 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) finish Part V on beedi and cigar workers: section 76 allows State-permitted work outside the industrial premises and section 77 exempts family work in a private dwelling. Section 78, in Part VI, bars certain persons from risky building or construction operations.
The State Government may permit wetting or cutting of beedi or tobacco leaves outside the industrial premises on the employer's application, on conditions, and the employer must keep a record (76(1)–(2)). Otherwise no manufacturing process for beedi or cigar may be carried on outside the premises (76(3)), except for a worker given raw material to make beedi or cigar at home. Part V does not apply to the owner or occupier of a private dwelling working with dependent family members (77). Under section 78, a person the employer knows or has reason to believe is deaf, has defective vision or a tendency to giddiness must not be required or allowed to do construction work likely to involve a risk of accident.
At a glance
| Section | Subject | Key points |
|---|---|---|
| 76(1) | Work outside premises | State Government may permit wetting or cutting of beedi or tobacco leaves outside the industrial premises, on the employer's application for the employees, on prescribed conditions |
| 76(2) | Record | Employer keeps a record of the permitted outside work, in the prescribed form |
| 76(3) | General bar | No manufacturing process for beedi or cigar outside the industrial premises, save as this section provides; proviso for workers given raw material to make beedi or cigar at home |
| 77 | Private dwelling exemption | Part V does not apply to the owner or occupier of a private dwelling house, not an employee of an employer to whom Part V applies, doing manufacturing with family members living with him and dependent on him |
| 78 | Construction | Persons who are deaf, have defective vision or tendency to giddiness not to be required or allowed to work in operations likely to involve risk of accident |
Section 76: work outside the premises
The starting point is that beedi and cigar manufacture takes place in licensed industrial premises; see sections 74–75. Section 76 creates a controlled exception for the wetting or cutting of beedi or tobacco leaves:
- The employer applies to the State Government on behalf of the employees.
- The State may permit, on conditions prescribed.
- The employer maintains a record of the permitted work, in the prescribed form.
Note that the permission in 76(1) is limited to wetting or cutting of leaves. For everything else, 76(3) says no employer shall require or allow any manufacturing process connected with the making of beedi or cigar or both to be carried on outside the industrial premises.
The home-work proviso. The bar in 76(3) does not apply to any worker who is given raw material by an employer or a contractor to make beedi or cigar or both at home. So home-based rolling is not barred by 76(3) itself, although other provisions of the Code (registration, records, wages) can still reach such work. The text does not say more, so check your State's rules on home workers.
Employers who use home workers or outside leaf preparation should have their permissions, records and worker lists reviewed; our labour law compliance team can do that.
Section 77: private dwelling exemption
Section 77 says Part V does not apply to the owner or occupier of a private dwelling house who carries on manufacturing in it with the assistance of family members living with him and dependent on him, provided he is not an employee of an employer to whom Part V applies. Three checks follow from the text:
- The person is not an employee of a Part V employer. A person who gets raw material from an employer is in a different position from a self-employed family unit.
- Assistance comes from family members who live with him and depend on him.
- "Family" does not include a child, as defined in the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, for this section. "Private dwelling house" means a house in which persons engaged in the manufacture of beedi or cigar or both reside.
Section 78: prohibited employment in construction
Section 78 is in Part VI (building or other construction workers), not in the beedi Part. It says that no person about whom the employer knows or has reasons to believe that he is deaf, has defective vision, or has a tendency to giddiness, shall be required or allowed to work in any operation of building or other construction work which is likely to involve a risk of any accident either to the building worker himself or to any other person.
Points to note:
- The test is the employer's knowledge or reason to believe. There is no duty in this section to test every worker, but the health examinations of the Code and rules may produce that knowledge.
- The ban is on risky operations, not on all construction work. The same worker can be given safe tasks.
- The risk can be to the worker or to others.
- Section 78 is worded as a duty on the employer for operations "likely to involve a risk"; it is about assignment, not dismissal. The text does not address termination.
For the definition of building or other construction work, see our definitions article.
Central Rules, 2026
The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) apply where the Central Government is the appropriate Government. Where a State Government is the appropriate Government, use the State's rules. Sections 76 to 78 leave forms, conditions and records to the State Government (section 76) or to general duties (section 78), and the Central Rules do not add a separate rule on them. The Central Rules do cover cleanliness, ventilation and dust in beedi and cigar premises in Rules 33 to 35; see Rules 33–35.
Practical points
- Map your beedi process. List every step done outside the premises and mark the ones covered by a State permission.
- Apply for the 76(1) permission for leaf wetting or cutting outside premises and keep the order on file.
- Keep the 76(2) record in the prescribed form.
- Separate home workers from self-employed family units; section 77 covers only the latter.
- Keep children out of any "family" count for section 77.
- Construction sites: record any known hearing, vision or giddiness condition and assign such workers to tasks without accident risk.
Example. A beedi company arranges leaf wetting in an open yard outside its licensed premises. It applies to the State Government, gets permission on conditions, and keeps a register of the workers and dates. A rolling worker who takes raw material home is covered by the proviso to 76(3), but a neighbour who runs his own beedi unit at home with his spouse and dependent adult children, and takes no work from any employer, falls under section 77.
For the old-law background, see introduction to the Factories Act and BOCW safety, health and welfare provisions.
Need help with beedi and cigar compliance?
The outside-work permission, the home-work line and the family exemption are where disputes arise. Our labour law compliance team can review your process map, permissions and records, and advise on construction site assignment where section 78 applies.
Key takeaways
- The State may permit wetting or cutting of beedi or tobacco leaves outside premises; the employer keeps a record (76(1)–(2)).
- Other manufacturing outside the premises is barred, save work at home with raw material given by an employer or contractor (76(3)).
- Family work in a private dwelling, by a non-employee, with dependent family members, is outside Part V (77).
- Known deaf, poor-vision or giddiness-prone persons must not do risky construction operations (78).
Read next
- Sections 74–75: licence for industrial premises and appeals
- Section 79: approval and licensing of factories
- Rules 33–35: beedi and cigar premises cleanliness, ventilation and dust
- BOCW safety, health and welfare provisions
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.