The spread -over of an employee in a shop or commercial establishment shall not exceed twelve hours on a day:
Provided that in cases where any shop or commercial establishment is on any day entirely closed for a continuous period of not less than three hours, the spread over shall not exceed thirteen hours on that day:
Provided also that where an employee works on any day in accordance with the provisions of sub-section (2) of Section 11, the spread - over shall not exceed fourteen hours on any such day and where he works on any day in 12 accordance with the provisions of sub-section (3) of the said section, the spread over shall not exceed sixteen hours, on any such day: Provided further that the Government may increase the spread-over period subject to such conditions as it may think fit either generally in the case of commercial establishments or in the case of a class of commercial establishments . 13 .Holidays in a week in shops and commercial establishments -- (1) Every shop and commercial establishment shall remain closed on one day of the week. The employer shall fix such day at the beginning of the year, notify it to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the shop or commercial establishment. The employer shall not alter such day more often than once in three months shall notify the alteration to the Inspector and make the necessary change in the notice in the shop or commercial establishment. Provided that where any shop or commercial establishment comes after the beginning of any year within the purview of this Act, for the first time the employer shall also fix such day of the week on which the shop or commercial establishment shall remain closed and notify it to the Inspector within one month of the date on which the shop or establishment so comes within the purview of this Act.
(2) If any day notified as a holiday under sub -section (1) happens to be a day of public festival, the employer may keep the shop or commercial establishment open on such day but in that even the shall keep the shop or commercial establishment closed on some other day within three days before or after the date of such public festival and give notice of the change to the inspector at least seven clear days before the day of such public festival.
(3) It shall not be lawful for an employer to call an employee at, or for any employee to go to, his shop or commercial establishment or any other place for any work in connection with the business of his shop or commercial establishment on a day on which such shop or commercial establishment remain closed.
13 (3A) Not withstanding anything contained in sub-section (1), the State Govern mentor any officer authorised by it in this behalf may, if it or he thinks fit so to do in public interest, by notification, fix any day of the week to be the closed day in respect of all or any class of shops or commercial establishments in any or all the local area or part thereof, and the closed day so fixed shall be deemed to have been fixed under sub-section (1): Provided that the employer shall have no right to alter the closed day so fixed.
(4) No deduction shall made from the wages of any employee in a shop or commercial establishment on account of any day on which it has remained closed under this section. If any employee is employed on daily wages he shall nonetheless be paid wages for the weekly holiday equal to the average of daily wages earned by him during the preceding six working days. If any employee is paid a piece rate wage, he shall nonetheless be paid his wage for the day on which the shop or commercial establishment remain closed at a rate equivalent to the daily average of his wages for the days on which he has actually worked during the six days preceding such closed day, exclusive of any earning in respect of overtime:
Provided that nothing in this sub - section shall apply to any person whose total period of continuous employment is less than six days .
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CHAPTER IV RESIDENTIAL HOTELS, RESTAURANTS AND EATING-HOUSES 14 . Opening and closing hours of restaurants and eating houses -- (1) Notwithstanding anything contained in any other enactment for the time being in force, no restaurants or eating - ho uses shall on any day be opened earlier than 5 a.m. and be kept open later than 1 - 30 a .m. for service :
Provided that an employee in such restaurant or eating - house may be required to commence work not earlier than 4 -30 a.m. and shall not be required to work later than 2 a. m. :
Provided also that any customer who was being serve d or waiting to be served at the closing hour of such restaurant or eating -ho use ma y be served in such restaurant or eating-house during the half-hour immediately following such hour . (2) Subject to the provisions of sub - section (1), the Government may fix later opening or earlier closing hours for different restaurants or eating - houses or for different areas or for different periods of the year .
(3) Notwithstanding, anything contained in this section or any other enactment for the time being in force, the Government may, by notification fix for specific periods in a year on festive or special occasions such opening and closing hours for different restaurants or eating - houses or for different areas, as it thinks proper .
15 . Restrictions on selling of goods -- Before and after the hours fixed for the opening and closing of shops under section 9, no goods of the kind sold in such shops shall be sold in any restaurants or eating-house except for consumption on premises . 16 . Hours of work in residential hotels, restaurants and eating - houses — (I) No employee in any residential hotel, restaurant or eating - house shall be required or allowed to work for more than 48 hours in a week and nine hours in a day .
(2) Any employee may be required or allowed to work in a residential 15 hotel, or restaurant or eating-house for an y period in excess of the limit fixed under subsection (1) if such additional period does not exceed six hours in any week.
(3) Notwithstanding anything contained in sub-section (1) and (2) an employee may be required or allowed to work in a residential hotel, restaurant or eating-house on the day which may be notified under sub-section (3) of section 14 in excess of the period fixed under sub-section (1) if such additional period does not exceed three hours on any day.
17 . Spread - over — The spread -over of an employee in a residential hotel, restaurant or eating - ho use shall not exceed fourteen - hours:
Provided that the Government may increase the spread -over period subject to such conditions as it may impose on the days that ma y be notified under sub - section (3) of section 14 .
18 . Holidays in a week -- (1) Every employee in a residential hotel, restaurant or eating - house shall be given at least one day in a week as a holiday:
Provided that nothing in this sub -section s hall apply to an employee whose total period of employment in an y week is less than six days .
(2) It shall not be lawful for an employer to call an employee at, or for an employee to go to, his residential hotel, restaurant or eating - house or an y other place for any work in connection with the business of his residential hotel, restaurant or eating - house on a day on which such employee has a holiday .
(3) No deduction shall be made from the wages of any employee in a residential hotel, restaurant or eating house on account of any holiday given to hi m under sub - section (1) . If an y employee is employed on a daily wage, he shall nonetheless be p aid wages for the weekly holiday equal to the average of the daily wages earned by him during preceding six working days .
18A . Employers in residential hotel, etc . to furnish identity card to employees — The employer shall furnish every employee in a residential hotel, restaurant or eating house an identity card which shall be kept by the employee when on duty and shall be produced on demand by an Inspector .
Such card shall contain the following and such other particulars as may be prescribed, namely: -
(a) the name of the employer;
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(b) the name if any, an d the postal address, of the establishment;
(c) the name and age of the employee;
(d) the hours of work, the interval for rest, if any and the holiday of the employee;
(e) the signature (with date) of the employer ;
(f) the identity mar k of an employee; and
(g) signature or thumb - impression of the employee .
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CHAPTER V THEATRES OR OTHER PLACES OF PUBLIC AMUSEMENT OR ENTERTAINMENT 19 . Closing hour of theatres or other places of public amusement or entertainment -- Not withstanding anything contained in for the time being in force, no theatre or other place of entertainment shall, on any day, be closed later than 1 AM.
any other enact public amusement or 1 a.m.
18 20 . Theatres or other places of public amusement or entertainment not to sell goods of the kind sold in shops after the closing hour of shops -- After the hour fixed for the closing of shops under section 9, no goods of the kind sold in shop shall be sold in any theatre or other place of public amusement or entertainment except for consumption o n premises .
21 . Hours of work in theatres or other pl aces of public amusement or entertainment -- (l) No employee in a theatre or other place of public amusement or entertainment shall be required or allowed to work f or more than 48 hours in a wee k and nine hours in a day .
(2) Any employee may be required or allowed to work in a theatre or other place of public amusement or entertainment for a period in excess of the limit fixed under sub - section (1) if such additional period does not exceed six hours in any week.
22 . Spread - over — The spread -over of a n employee in a theatre or other place of public amusement or entertainment shall not exceed twelve hours on any day:
Pro vided that the Government may increase the spread -over period subject to such condition as it ma y impose whether generally or in the case of a particular theatre or other place of public amusement or entertainment .
23 . Holiday in a week — (1) Every employee in a theatre or other place of public amusement or entertainment shall be given at least on e day in a wee k as a holiday:
Provided that nothing in this sub -section s hall apply to an employee whose total period of employment in an y week is less than six days .
(2) It shall not be lawful for an employer to call an employee at, or for an employee to go to, his theatre or other place of public amusement or entertainment or any other place for any work in connection with the business of his theatre or place of public amusement or entertainment on a day on which such employee has a holiday.
(3) No deduction shall be made fro m the wages of an employee in a theatre or other place of public amusement or entertainment on account of any holiday given to hi m under sub - section (1) . If an y employee is employed o n a daily wage he shall nonetheless be paid wages for the weekly holiday equal to the average of the daily wages earned b y hi m during the preceding six working days .
19 23A . The employer in a theatre etc . to furnish identity card to employee -- The employer shall furnish every employee in a theatre, or other places of public amusement or entertainment an identity card which shall be kept b y the employee when o n duty and s hall be produced on demand b y an Inspector . Such card shall contain the following and such other particulars as ma y be prescribed, namely: -
(a) the name of the employer;
(b) the name if an y, an d the postal address, o f the establishment;
(c) the name and age of the employee;
(d) the hours of work, the interval of rest, if any an d the holiday o f the employee;
(e) the signature (with date) of the employer ;
(f) the identity mar k o f an employee; and
(g) signature or thumb - impression of the employee .
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CHAPTER VI EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND WOMEN 24 . No child to work in any establishment -- No child shall be required or allowed to work whether as an employee or otherwise in an y establishment not withstanding that such chi ld is a member of the family of the employer .
25 . Young persons and w omen to work between 7 a . m . to 9 p. m .
-- No young person or women s hall be required or allowed to work whether as an employee or other wise in any establishment before 7 a . m. and after 9 p . m.
notwithstanding that such young person or women is a member of the family of the employer .
25A . Daily hours of work for young person -- (1) Not withstanding anything contained in this Act, no young per son shall be required or allowed to work whether as an employee or otherwise, in an y establishment for more than five hours in any day.
(2) No young person, shall be required or allowed to work whet her as an employee or other wise, in an y establishment for more than three hours in any day unless he had an interval for rest of at least half an hour .
25B . Prohibition of employment of young persons and w omen in dangerous work -- No young person or woman working in any establishment, whether as an employee or otherwise, shall be required or allowed to perform such work as ma y be declared b y the State Government, b y notification, to be work involving danger to life, health or morals .
21 CHAFFER VII LEAVE WITH PAY AND PAYMENT OF WAGES 26 . Employee’s right f or casual and privilege leave -- (1) A person employed in an establishment to which this Act applies shall be e n titled –
(a) after every 12 month’s continuous employment, to privilege leave for a total period of o ne month; and
(b) in every year to casual leave for a total period not exceeding 14 days:
Provided that the leave under sub - clause (a) shall not at an y ti me accumulate for a total period exceeding 3 months:
Provided further that holidays under sections 13, 1 8 or 2 3 falling during the period of such leave shall be included in the leave so granted:
Provided further that casual leave shall not be combined with privilege leave .
(2) If any employee entitled to leave under sub - section (1) is discharged b y his employer before he has been allowed leave or if, having applied for and been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay hi m the amount payable under section 27 in respect o f the leave . (3) If any employee entitled to leave under sub -section (1) is refused the leave, he ma y give intimation to the Inspector or any other officer authorised in this behalf by the Government regarding such refusal. The Inspector shall enter such information in a register kept in such form as may be prescribed . Explanation — An employee shall be deemed to have completed a period of twelve month’s continuo us service in an establishment notwithstanding any interruption in the service during those twelve months brought about by sickness, accident or authorised leave not exceeding ninety days in the aggregate for all three, or by a lockout or b y a strike which is not an illegal strike, or b y intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate, and authorised leave shall be deemed not include an y weekly holiday allowed under this Act which occurs at the beginning or end of an interruption brought about b y the leave .
27 . Pay during leave -- Every employee shall be paid for the period of his leave at a rate equivalent to the daily average of his wages for the days on 22 which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime .
28 . Payment w hen to be made -- An employee who had been allowed leave under section 2 6 shall before his leave begins, be paid half the total amount due to hi m for the period of such leave.
29 . Power of Inspector to act for worker -- Any Inspector may institute proceeding on behalf of any employee in a n establishment to which this Act applies to recover any sum required to be paid under this Chapter by an employer which the employer has not paid.
30 . Application and amendment of the Payment of Wages Act — (I) ‘[Notwithstanding anything contained in the Payment of Wages Act 1936 (No . IV of 1936), (hereinafter referred to in this section as the said Ac t,) the State Government may, by notification, direct that subject to the provisions of subsection (2) all or any of the provisions of the said Act shall apply to all or any establishment or t o all or an y class of employees to which or who m this Act for the time being applied.
(2) On the application of provisions o f the said Act to any establishment or to any employee under sub -section (1), the Inspector, appointed under this Act, shall be deemed to be the Inspector for the purposes of the enforcement of the pro visions of the said Act within the local limits of his jurisdiction.
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CHAPTER VIII HEALTH AND SAFETY 31 . Cleanliness — The premises of e very establishment shall be kept clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned a t such times and by such methods as my be prescribed . These methods ma y include lime - washing, colour washing, painting, varnishing, disinfecting and deodorizing