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Section 11

The Andaman and Nicobar Islands Shops and Establishment Regulation, 2004Union territory Regulations of Andaman and Nicobar Islands · 1949

(7) No establishment shall, on any day, be opened earlier than such hour or be closed later than such hour as may be fixed, by notification issued in that behalf. by the Administrator:

Provided that any customer who was being served or was waiting to be served in any establishment at the hour fixed for its closing, may be served during the quarter of an hour immediately following such hour.

(2) Before issuing a notification under sub-section (7), the Administrator may get an inquiry conducted in such manner as he may deem necessary for the purpose of issuing such notification.

(3) The Administrator may, for the purpose of this section, fix, by order, different opening hours and different closing hours for different establishments or different classes of establishments or for different areas or for different times of the year, as he may deem necessary.

12. (J) Every establishment shall remain closéd on, and every person employed in such establishment shall be allowed as holiday for rest on, one day of a week:

Provided that in an establishment in which rest for more than one day in a week is allowed immediately before the commencement of this Regulation, such period of rest shall be continued so on the commencement of this Regulation.

(2) Such holiday of the week shall be fixed by the employer at the beginning of the year and shall be intimated to the Registering Officer and shall be displayed on a notice board prominently at a conspicuous place in the establishment.

(3) The employer shall not alter such day more often than once in three months and shall intimate the alteration to the Registering Officer and shall make the necessary change in the notice board referred to in sub-section (/) whenever such alteration is made.

(4) 1t shalli not be lawful for an employer to call an employee at, or for an employee to 20 te, the establishment or any other place for any work in connection with business of the establishment on a week!ly holiday.

(3) No deduction shall be made from the wages of an employee in an establishment on account of the holiday given to him under this section.

(6). If any employee is employed on daily wages, he shall nonetheless be paid his wages for the weekly holiday.

13. Save as otherwise provided by any other law for the time being in force, no person shall carry on, in or adjacent to a street or public pldce, the sale of any goods at any time before the opening and afier the closing hours fixed under section 11 and on holidays in respect of an establishment dealing in the same class of goods in the locality in which such street or public place is situated:

Provided that nothing in this section shall apply to the sale of newspapers and such other articles as may be exempted, by notification, by the Administrator.

L)

CHAPTER IV OTHER CONDITIONS OF EMPLOYMENT 14, (5 An employee, who his served for a period of two hundred angd T(my davs or more during a continuous period of twelve months in any establishment; shall be entitled bsequent period of twelve months, to leave with wages for a period of o e Sec. 1] THE GALET TE OF INDIA EXTRAORDINARY 9

Provided that such leave with wages may be accumulated up to a maximum pc"xod of forty- five days:

Provided further that any coiitinuous period ofsel rvice not exceeding twelve months in an establishment preceding the date on which this Regulation applies to that estabhshmem shall also count for entitlement to leave with wages:

Provided also that any leave accumulated by an employee in an establishment under the law applicable to that establishment preceding the date on which this Regulation applies to such establishment, shall not be affected.

(2) An employee of an establishment may apply in writing to the employer of that establishment, not less than seven full working days before the date of availing of leave with wages for the grant of the full period of leave or any portion thereof, to which he is entitled under sub-section (/): '

Provided that an employee shall not be granted leave on more than three occasions during the period of twelve months.

(3) An employee of an establishment who has been allowed leave for not less than five days under sub-section (2) shall, on request, prior to the beginning of his leave, be paid by the employer of that establishment the wages due for the period of the leave.

(4) An employee shall be entitled, after the first twelve months of his continuous service and during every subsequent twelve months of such service,—

(a) to sick leave with wages for a period not exceeding twelve days, on the grounds of sickness or accident; and . (b) to casual leave with wages for a period not exceeding twelve days on any reasonable ground.

(5) If an employee entitled to leave under sub-section (/) is discharged by his employer before the employee has been allowed such leave, or if the leave applied for by such employee has been refused, the employer shall pay to such employce the full wages in respect of the period of leave to which he was entitled at the time of such discharge.

(6) If an employee is discharged by his employer when the employee is sick or suffering from an accident, the employer shall pay such employee the amount payabie under this section in respect of the period of leave to which such employee was entitled at the time of such discharge.

(7) An employee in a hostel attached to a school or college or in an establishment maintained in connection with the boarding and lodging of pupils and resident masters, shall be allowed the privileges referred to in sub-sections (7) to (6), which shall be determined proportionately to the period for which he was employed continuously in the previous year or to the period for which he will be employed continuously in the current year, as the case may be, and all references to the periods of leave in sub-sections (/) and (4) shall be construed accordingly and fractions of less than half a day shall be disregarded:

Where this provision sits

ActThe Andaman and Nicobar Islands Shops and Establishment Regulation, 2004
Section11
JurisdictionUnion territory of Andaman and Nicobar Islands
StatusIn force as published by the source

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