CourtMesh

Extension of Goa, Daman and Diu Shops and Establishment Act, 1973 to UT DNH Dt. 12.07.1999

Central Notification · 196184,618 characters of text

The enactment

TypeNotification
Year1961
JurisdictionCentral
MinistryMinistry of Home Affairs
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectslabour

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

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(3) WIRT (2) ^ ai^T wf^prft ^ t%?ft m?xrzr ^ t te^ , ffimm rt w%tni g?r ^tehs 3 <foT f̂ f ^ »ftcR 3fici1Pi* toK arl^f^R, 1947 (1947 ^ i j ^ i 3tfef?|7PT 14) g *m 7 % 3 ! ^ Tifts w TTjrirr̂ if f g ^ 3 T T^ ^ ^ ^ ate ^ ^mni<j 1ST frffl apftcT q^ fJrf^rg ajftm ate t^rr^P ^*n gjifgilT ^f i R̂ arra^PTft ^ n 3te ^ T ar=jf?r % ift?r7 vtett t% ^mnq % 3TT^I ^ f^rf^ 3»t T3TF? f9?T HTT4t ̂ TRn «JTW I S J ^ j g L ^w^TTNm:3mrwi t^f^R * ^r fc, q* mi 39 uSt WRT (1) fr g q ^ % ̂ TO, afa ft) TOT M w s ^ 3RW *• ftsfentf % ajtfrT ^ gp^r ^f^^ ^ ^ ^ 5RT 3R*K? Iff §3TT | Sr^R % ̂ % for ftfo*> ^ $ ST# ?RT I WKfTZT 8 *gn^*p»fenfM»*T^anfefl^

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43. Trengft jr ^ f t ftn? vifR ^ xrere gRcffgr g^ ^ TOfft anft » f̂em ^ »ft^g, l^ft w m $ fotf w^ft ^ insist ^ T$t gĵ ft 5̂t tj^f ^ ^rrat jRi^t m V5TRR * f̂km % *th$ f?tcRr fW i^r t ĤT gnMt wt HT 3*T*t ^5 * ^ * * ^T^T ^ wffa HT fo# ^d^a^cr nim ^ ^ t ^ THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)J arrf*RT 5̂t atrf r̂ fafan 3 jnf$i$d f^rr w ^ ^ fofare? ^T <tfif an?

fcrf&r art ftf&r m îehî flSt ̂ J argsn ^ w i ^ ^ t T&mn (2) % s^fa *nftw ITIT%*PRT ^r fortfj P#3T V faq STT F̂T ^ T ^ R T ;

trrg Tjg-y ^ yctep an^rr ^ r crrfr? ^ f^ra^ ̂ r^ft $ wdstft 3t 13 ait ^ ^ mfte r̂ frRTjpt ̂ wrf̂ rfcr ^ra^fr yi BTKH <PT WET far? ̂ ^ f^ ^ T «TT <J*P ^ ^> iftcR, IR^cT f ^ T ^TUFff :

vW 3TT^PP ^nfa t f fllfa<bl>fi <PT ^ SHHItlH 3 R ^ f l £ fo ^ f t a ^ f a $> -faff 3TT^T ^ ftTCf uJI t̂ ZpJ ^ R % tJT|tCcT ^TR^ SIT I

(2)«w ftwft<nfrw *£r WIKT (1) % ar*r TT?^ t ^n ^mr %, ^nf^ mt^rff a?rfcnj> afR f^itv^ ^t ^g^n r̂r ^ wif^rra ^ r 3 -?JT ftRft mfii$ci nfafrfa fc ^TKFT 3 arHII^t;*1 •& ĴT ^ 3T*RR JTCPf 3RTT, afR ^rft uTTO % i m m ^ ^ ^ t 3fR 5̂fr a t t i R ^ £ l ft*ft ar^T TTTR̂ T TR tfcP£cT 5mm flPTT oft ^ g g f t ^ » aj^r ^ f̂ ftwrar % fof tntf •, ^ T R T *P> 3 H M tft T ^ I IH ft^fa T^ffi t fr ^ T O qT vPreFT foft wfcT^T ^ ^T?I^T%cT ftT^t TnfepRT ifrp ^R^r^ff Wicft TOT *P <RT Tjdt $ arfop ^^r ^r faciei rm*$& ^ ^ ^ ^ VJHQII ^t *i7n 3 wSta wnj r̂ ar£ra> *r st, % URMW ĴT £f£yr ^ T ;

^ TF t> W H ^ ftdfad ^rafft ^t ?̂TT if nf^f P̂ r̂arar % fen? ^ f ^ ^ t f̂ iT r̂T̂ Tr ̂ VJCRT mf̂ PrJr ^i ̂ e mvm i\ T̂TCTT t % few *IT (̂ T) ^TTJT ^Pt ^ P R ^ P ^ ^t c p ^ l ^ ̂ t 3RPPcTWI, ^ IJ>RTJT fin I

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I™il=g*j(i>] *m*nm*:*mm 2 S S!L^ * 5* *** * ̂ ^^ * ** * * ̂ *t ™ erm ( 3 ) J ^ HlftjpJ *tf 3R!<TTT ̂ % mftnff * ?m EJRT 43 % 3T#T mTti mm (2) toarfh s ^ t e w ^ ^ f l ^ w ^ ^ ^ WTO cT^HR OTJ ?ffi I 45' 3TTH1 'gKT.x 43 5 ̂ ^ <1> * * * T ft* ** M r arte * * f e ,n w r ^ j ^ r ^ f t R f t a n ^ r ^ f t ^ r ^ T ^ q R T ^ wrm (2) n ^ m ( 3 ) ^ A f ^ ^ M f ^ ^ l ^ ^ ^ ^ ^ «* 3F, Tf^t T? t , W I T WW % 311^7 ^Y, ITT eft ^TT^pift I fljj ante* * jfe ^ T ^ n ^ f ^ r ^ ^ T z r r ^ ^ ^ m̂m (2) ̂ ^ ™ (3) % 3f^T f̂ JT *rar T#I$ ft&i zftft ^ r r i mt^^t^^^^^. {1) ̂ 4 3 ̂ ̂ ^ 17 429 Gl/W—3 ]•_ THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] •ft wm *mm$ ^T, sft ^?r £JRT A Prffre &, trz wmn it wm % ffr P m W vm 43 T̂ eiRT 45 & 3T£fN ^ R % fop? P l^ ld qft W% STcft %*ft 7<PH ^ Pl^^cp git 3TWJI^H ^T ^ ST̂ RR far ^ $7 qygjq PnfFJI^ ^ t v3cTPft W^x\

(2) Rtf^T nfif^n T̂%?TT, 1908 (1908 <PT %^ jk S T ^ P m flVjifr 5) % vJWT ^ t v̂ ff flftcTT % 3 ? ^ f̂TîZT t|? iff <pSf ^ ^ f ac f t , BTTORT (1) ^7 37#=T ^ t % fc^J f ^ t f?f^T <Ft qsimwTC efPJ #JTt I

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48. f̂ r 3 ^ I R 3F 3i^N ^rfcrTlM % fcnr ^ 3fR ^mncw nfor f̂ rflcT ^^\ ^ 3THTTO9 ^ f T Wft ^ T ^ R T W f t ^ Jjif?l ^ r ^ 7 T T .

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59. PTJR ^TFt gft Tlf^T :- (1) W<m, ̂ 3&&m % JTTJfrRT ^T ^| j j ip |d

(2) WTRT (1) cf> 3rf t^ f̂ RTH SRRt ^ F T fT^PR ?fir ^ T ^ J ^ ?TMt f% ̂ T̂cPT «cvitii ^CT% vgj# ^r ̂ f r i r ^mr sift i ^ m ̂ n r ̂ F CPT Bt vfcm i

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(2) $$ iifif^RT ^ r RPiw« 3if?PT tm\ 3frf ^ t ^ r i ^rraTera A ww ^ f f ^ n on TTcFrnr I

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64. PT 3T%Pm^ % 3Ttffr UT4 ^T 7 t ^RrUli ^ ^TOFT - ?̂T 3Tf^RR ^ arefrr ^ i i i i ^ c b effr ^ r̂r finj ^ f % teR armf^r f ^ t «nn % ten? t%# ^rf^T % t^R^f cpt̂ ^TM, ari^mrc^ T̂T 3RT f ^ f ^ ^i4^il^^ii ^ f ^ t w r M I I™!!l2**i)] ^m^^m: mmm *m^ W V I ^ T O * ^ ^ ( 1 9 4 2 * * ^ T ^ ^ F - (T) w t f afhr cter £~r % w m ;

THE GAZETTE OF INDIA : EXTRAORDINARY [P, (*i) tm ^RFT # q , wm afK 3n^r#!T ^ r m tfrî Rp ^ « n ^ , ^ c f *n *i?lRejlcnii T̂ HcTR ( * k d afK flpsff 3TR facTRft *TR5Ti % f^TRT afR I T W T T̂ fa) ^ ^ 4 ! H , 519), SfcTW, ^TfR, f^TR-^rpf T̂T *TH ^ " ^ TR ^eTel 3fR" 1$) W$> W T̂fctcT TiToT $> ftTCF*J if tj^fa: ^ y ^ « i : ept W T ^ ;

fa) ^ WTtpr yfl y f a r m g^jT? aMrfe #PPR W*F$\ WH$\ % %PT *f M * !

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(4) m&K, sfl^cRT SRT fJfRTT ̂ m -m w r f i ^ f%# g?f epr -in cqf^ ^ ^ £ ^trjft i

(5) jR35R STftRjeRT IRT, ^JcMl T3Tq̂ eft *f afcrfife fo^T SIM ^ ^ ft? ift ^ f arfaPriR ip ^nft r̂r fa^t \3wjr TPT, zgt^rct ^ WFHT % ffcfii *nt 9?r ^ R } fo* ^ f ^TORT (1) §» *T3 (3) 3 crfSfcT t , elT^ 3R ^ r f t 3TR ^? t ftvtft • ^T^ETR^^ srsr$r?r gjpfaitft ^ r rTRj ̂ f t aft? ij# <& ^ f t *TRT VJSRT fWfr fekitoraff ^r f̂ Rt>RT ̂ t t%qT w % «rfW ^ Tra^r f̂ ^t, ^ R ^ t r ^ T 4 ^ T M ^ 3Tf5RTft?T Tfit ?TTK% ^ T TOR PRRTH t^EJTit KkHl*il ^ SI^T -IRIcf ^ ^ 1 ^ I file:///3wjr [MPT 1 1 - ^ 3 ( 0 ] *m*iv*w.3wmx 25 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 12th February, 1999 MODIFICATIONS

1. T^hroughout the Act (except in enacting formula and in sub-section (1) of section 1. unless otherwise directed s u b S t u S ' D a m a n "* DiU ' ' ^ " ^ *hCy " « l h c W 0 n k " D a d r a * n d Nagar HaTo" £ ? £ 3 In section 42 the words " in consultation with the Judicial Comrmssioncr". shall be omitted and for the S o f £ I ^ ^ T S T b C ^ C r C d t 0 " , hC J U d i d a I a U l h 0 r i t y ) ' ' t h c W O r d s S S i be,ow h 4 ' be S h M , * * * " W ° r d S "JUdiC,al a U t h ° r i l y " ' WhCrCVCr thCy °C C U r ' , h e w o r d s • t a ^ W * authority" shall 5" ^ r r t t °„ n H 5 9 ' . ' n ^ " r ! ! 0 " ( 4 i f ° r thC W0RlS " l h c L c E i s l a U v c A s c r a b | y o f <*». Daman and Diu i f • t a K . ? ^ A r U , ^ a " ^ words, "each house of Parliament wh.Je", "thirydays" and both Houses agree" shall respectively be substituted.

6. Section 67 shall be omitted.

[F. No. U-11015/6/95-UTL(193)J P. K. JALALI, Jt. Secy.

ANNEXURE The Goa, Daman and Diu Shops and Establishments Act, 1973 (Act No. 13 of 1974) [ 7th October, 1974 ] AN ACT to provide for the regulaion of conditions of work end employment in shops, commercial establishments restaurants, theatres and other establishments and for matters connected therewith.

ofIndia asfol!otS i t : - a C t C d b y l h e L e g I S l a t l V e ^mb'y0i G - . Daman and Diu in the Twenty-founh year of the Republic

CHAPTER 1 Preliminary Shops fiwJS^^ST^^ 3 n d a P P ' 1 C a t i 0 n - W ™ S A c t m a y b C * » * t h c G o a- Daman and Diu

(2) It extends to thc whole of the Union territory of Goa, Daman and Diu.

P ) nXtiTap^nf" " SUCH a r e S S a n d ° n "** * " M thC G ° V e m n , e n t - V . fro™ «™ * **e, » '/-•? Cyf/<3 '•]-*•-/ 26 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC 3(I)] 2 Definitions.—In this Act, unless the context otherwise requires:—

(1) "apprentice" means a person who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft or employment in any establishment;

(2) "child" means a person who has not completed his fourteenth year of age;

(3) "closed" means not open, for the service of any customer, or for any trade or business or for any other purpose connected with the establishment except loading, unloading and annual stock-taking;

(4) "commercial establishment" means any establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes— '

(a) a society registered under the Societies Registration Act, I860 (Central Act XXI of 1860) or charitable or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with, or incidental or ancillary to such business, trade or profesion ;

(b) an establishment which crrics on the business of advertising, commission agency, forwarding or commercial agency or which 15 a clerical department of a factory or of any industrial or commercial undertaking ;

(c) an insurance company, Joint Stock Company, bank, broker's office or exchange ; and

(d) any other establishment which the Government may notify to be a commercial establishment, but does not include a factory, shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.

(5) "day" means a period of twenty-four hours beginning at mid-night, except that in the case of an employee, whose hours of work extend beyond midnight, day means the period of twenty-four hours beginning from the time when such employment commences ;

(6) "dependent" means in relation to a deceased employee, his nominee or in the absence of such nominee, - his heir or legal representative ;

(7) "employee" means a person wholly or principally employed in, and in connection with, any establishment, and includes an apprentice or any clerical or other staff of a factory or industrial establishment which falls outside the scope of the Factories Act, 1948 (Central Act 63 of 1948); but docs not include the husband, wife, son, daughter, father, mother, brother, sister or dependent relative of an employer or his partner, who is living with and depending upon such employer or partner and is not in receipt of any wages ;

(8) "employer" means a person having charge of or owing or having ultimate control over the affairs of an establishment and includes the manager, agent or other person acting in the general management or control of an establishment,

(9) "establishment" means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment to which this Act applies and includes such other establishment as the Government may, by notification in the official Gazette, declare to be an establishment for the pruposes of the Act;

(10) "factory" means factory within the meaning of the Factories Act, 1948 (Central Act 63 of 1948);

(11) "goods" include all materials, commodities and articles ;

(12) "Government" means the Administrator of the Union Teritory of Goa, Daman and Diu appointed under article 239 of the Constitution ;

(13) "gratuity" means the gratuity payable under section 39 ;

(14) "Inspector" means an Inspector appointed under section 49 ;

(15) "notification" means a nootification published in the Goa, Daman and Diu Government Gazette ;

(16) "opened" means opened for the service of any customer or for any trade or business connected wit* the establishment;

(17) 'periods of work" means the time during which an employee is at the disposal of the employer;

f v m ii—73P13?.-?(i)j TRflfT .̂r̂ HM : smromr 27 '

(18) "prescribed" means prescribed by rules made under this Act;

(19) "residential hotel" means any premises used for the reception orgucsts and travellers desirous of dwelling or sleeping therein and includes a club , (2D) "restaurant" or "eating house" means any premises in which is carried on wholly or principally the business of supplying meals or refreshment to (he public or a class of the public for consumption on the premises and includes a Halwai shop but docs not include a restaurant attached to a theatre or restaurant or a canteen attached to a factory if the persons employed therein arc allowed the benefits provided for workers under the Factories Act. 1948 (Central Act 63 of 1948);

(21) "shop" means any premises where goods arc sold, cither by retail or wholesale or both or where services are rendered to customers and includes an office, store-room, godown, warehouse, sale depot and work-place whether in the same premises or elsewhere, used mainly in connection with such trade or business, but docs not include a factory commercial establishment, residential hotel, rcsiaurant, eating house, theatre or other place of public amusement or entertainment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act. 1948 (Central Act 63 of 1948),

(22) "spread over" means the period between the commencement and termination of work of an employee on anv day, J J (2.3) "theatre" includes any premises intended principally or wholly for the exhibition of pictures are other optical cITccts by means of cinematograph or other suitable apparatus or for dramatic or circus performances or for any other amusement or entertainment;

(24) "wages" means every remuneration, whether by way of salary, allowances, or otherwise expressed in terms of money or capable of being so expressed which would, if the lerm of employment, express or implied were fulfilled, be payable to an employee in respect of his employment or of work done in such employment, and i ncludes—

(a) any remuneration payable under any settlement between the parties or order of a tribunal or court;

(b) any remuneration to which the employee is entitled in respect of overtime work or holidays or any leave period;

(c) any additional remuneration payable under the terms of employment, whether called a bonus or by any other name;

(d) any sum which by reason of the termination of employment of the employee is payable under any law, contract or instrument which provides for the payment of such sums, whether with or without deductions but does not provide for the time within which the payment is to be made;

(c) any sum to which the employee is entitled under any scheme framed under any law for the time being in force, but docs not include—

(i) any bonus, whether under a scheme of profit sharing or otherwise, which does not form part of remuneration payable under the terms of employment, or, which is not payable under any award or settlement between the parties or order of a court;

(li) the value of any house accommodation, or of the supply of light, water, medical attendance, or other amenity or of any service excluded from the consumption of wages by a general or special order of the Government;

(iii) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;

(iv) any travelling allowance or the value of any travelling concession;

(v) any snm paid to the employee to defray special expenses incurred by him on account of the nature of his employment, or

(vi) any gratuity payable on the termination of employment in cases other than those specified in sub-clause <d);

(25) "week" means a period of seven days beginning at midnight on Saturday;

(26) "young person" means a person who is not a child but has not completed eighteen years of age.

2 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC 3(i)]

3. Regiitratiaa of Establishment! and renewal of registration certificates.—(]) Within the period of specified in sub-section (3) the employer of every establishment shall send to the Inspector concerned, a statement in the prescribed form together with such fees as may be prescribed, containing—

(a) the name of the employer and the manager, if any;

(b) the postal address of the establishment;

(c) the name, if any, of the establishment,

(d) the category of the establishment; and

(e) such other particulars as may be prescribed.

(2) On receipt of the statement and the fees, the Inspector shall, on being satisfied about the correctness of the statement, register the establishment in the Register of Establishments in such manner as may be prescribed and shall issue in the prescribed form a Registration Certificate to the employer who shall display it at a prominent place in the establishment.

(3) The period in respect of establishment mentioned in column (1) below for filling the statement and depositing the fees as required under sub-section (1), shall be as specified against it in column (2>— Establishment Period <]> (2)

(i) Establishment existing on the date on which this Act Ninety days from the date on which the Act comes in force. comes fnt0 f0rCe <ii) New Establishments. Ninety days from the date on which the estab­ lishment commences its work.

(4) The Inspector may, on receipt of an application made by the employer together with the fees prescribed therefore renew the registration certificate for a period of one year commencing from the date of its expiry.

(5) Every application for the renewal of the registration certificate, shall be made in such form and in such manner as may be prescribed so as to reach the Inspector not later than thirty days before the date of its expiry :

Provided that an application for the renewal of a registration certificate received not later than thirty days after its expiry may be entertained by the Inspector on the application paying such penalty, not exceeding twenty-five rupees as may be prescribed. '

(6) An applicant for the renewal of a registration certificate under sub-section (5), shall, until communication of orders on his application, be entitled to act as if the registration certificate had been renewed.

(7) In the event of any doubt or difference of opinion between an employer and the Inspector as to the category to which an establishment would belong, the Inspector shall refer the matter to the prescribed authority which shall after such inquiry as it thinks proper decide the category of such establishment and its decision shall be final for the purposes of this Act,

CHAPTER II Shops

4. Opening and closing hours of shops.—(1) No shop shall on any day be opened earlier or closed later than such hours as may, after previous notification be fixed by the Government by a general or special order in that behalf:

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

(2) The Government may, for the purpose of this section, fix different hours for different classes of shops or for different areas or for different ti mes of the year.

5. Dally and weekly hours of work m shops and prohibition of sales in its vicinity.-( I) Subject to other provisions of this Act no employee in any shop shall be required or allowed to work therein for more than eight hours in any day and forty-eight hours in any week.

«•„ ™ , f ? A n y c m p l 0 ^ m a y b e q u i r e d or allowed to work in a shop for any period in excess of .he limit fixed under sub­ section (1). on payment of over-time wages, subject however, that the maximum period of such excess in a week shall be six [vmll—"SPi3(i)] MUBTiiTTPJrrflf: 3rarvrrwr 29

(3) For the purpose of stock-taking and preparation of accounts, an employer may, with the previous intimation to the Inspector, required or allow any employee to work in a shop for not more than any fifteen days in a year, in excess of the period fixed in sub-section (1), or payment of over-time wages, so however that the excess period shall not in aggregate, exceed twenty-four hours.

(4) No person shall carry on, in or adjacent to, a street or public place, the sale of any goods before the opening and after the closing hours fixed under section 4 for the shops dealing in any kind 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 —

(i) Newspapers,

(ii) Flowers,

(iii) Pan,

(iv) Vegetables and fruits, and

(v) Such other goods as the Government may, from time to time, by notification, specify.

6. Interval for rest.—No employee in any shop shall be required or allowed to work therein for more than five hours in any day unless he has had an interval for rest of at least one hour :

Provided that an employee who was serving a customer at the commencement of the interval may be required to serve him during the quarter of an hour immediately following such commencement.

7. Spread over of periods of work.—The periods of work of an employee in a shop shall be so arranged that along with his intervals for rest, they shall not spread over more than twelve hours in any day :

Provided that where an employee works on any day for the purpose of stock-taking and preparation of accounts, the spread over shall not exceed fourteen hours in any such day, on payment of over-time wages.

8. Closing of shops and grant of holidays.—(1) Every shop shall remain closed on one day of the week. The employer shall fix such day at the beginning of the year, notifying it to the Inspector and specify it on a notice prominently displayed in conspicuous place in the shop :

Provided that the employer shall not without reasonable cause alter such day more often than once in three months, shall notify the alteration to the Inspector, and shall also make the necessary change in the notice displayed in the shop.

(2) The Government may, by notification, require in respect of any specified class of shops that they shall, in addition to the weekly holiday prescribed under sub-section (1) be closed at such hour in the afternoon of one week day in every week as may be fixed by the Government

(3) The Government may, for the purpose of sub-section {2), fix different hours for different classes of shops or for different areas or for different times of the year.

(4) The weekly day on which a shop is closed in pursuance of the requirement under sub-section (2) shall be notified to the Inspector and specified by the employer in a notice prominently displayed in a conspicuous place in the shop, and shall not be altered by the employer more often than once in three months.

(5) It shall not be lawful for the employer to call an employee at or for the employee to go to the shop in which he is employed or to any other place for any work in connection with the business of his shop on the weekly closed day or part of the day on which it had remained closed.

(6) No deduction shall made from the wages of any employee in a shop on account of the weekly holiday or part of a day on which it has remained closed; and if such employee is employed on the basis that he would not ordinarily receive wages for such day or part of a day, he shall none of less be paid for such day or part of a day. the wages he would have drawn had the shop not remained closed or the holiday not been allowed on that day or part of a day.

CHAPTER m Establishments other than shops

9. Application of this Chapter to establishments other than shops. —The provisions of this Chapter shall apply only to establishments other than shops.

3 0 THE GAZETTE OF INDIA: EXTRAORDINARY [R*RT H_sEC. 3(i)]

10. Opening and doling hours.—(1) No establishment shall on any day be opened earlier or closed later such hour as the Government may, after previous publication in the Official Gazette, by general or special order specify in that behalf;

Provided that in the case of a restaurant or eating house, any customer who was being served or was waiting to be served therein at the hour fixed for its closing may be served during the quarter of an hour immediatly following such hour.

(2) The Government may, for the purposes of this section fix different hours for different classes of establishments or for different areas or for different times of the year.

(10A) 'Gada' means an establishment mounted on wheels, whether moving or stationary and constructed by using cither wood or metal sheets or both and managed by the owner himself or a member of his family or a dependent and the value of the goods stored therein, on any particular day, for the purpose of trading does not exceed Rs. 5,000/-.

Explanation ; For the purpose of valuation of the goods, the Inspector shall be competent to make an assessment thereof and for this purpose he may take into consideration the valuation made, if any, by any local authority.

11. Daily and weekly hours of work In establi shment._< I) Subject to other provisions of this Act, no employee any establishment shall be required or allowed to work therein for more than eight hours in any day and forty-eight hours tn 3ny wcGiC, • (2) Any employee may be required or allowed to work m a n establishment for any period in excess of the limit fixed under sub-section (1), on payment of over-lime wages, so however that the maximum period of such excess shall be six hours in any week,

(3) For the purposes of stock-taking and preparation of accounts, an employer may, with the previous intimation to the Inspector, require or allow any employee to work in an establishment or not more than any fifteen days in a year in excess oi the period fixed in sub-sccl.on (1), on payment of overtime wages, so however that the excess period shall not in aRcreeatc exceed twenty-four hours. >&&&"*

12. Interval of rest . - N o employee in any establishment shall be required or allowed to work in such establishment lor more than five hours in any day unless he has had an interval for rest of at least one hour.

13. Spread over ofperiods of work . -The penods of work of an employee in an establishment shall be so arranged that, along with his interval for rest, they shall not spread over more than twelve hours in any day:

Provided that where an employee works on any day Tor the purpose of stock-taking and preparation of accounts the spread over shall not exceed fourteen hours m any such day on payment of over-time wages.

14. Holidays.^ 1) Every employee in an establishment shall be allowed in each week a holiday of one whole day:

Provided that nothing in this sub-scct.on shall apply to an employee whose total period of employment in the week including the days spent on authorised leave is less than six days r m n . „ v J , L J \ G ! r > ! ! T C n t , r y ' 5 n o l , r i c a l i o n- TC*mTC , n r c sP e c t o f ^ ^o f i ed class of establishments that every employee therein shall be allowed in each week an additional holiday of one half-day commencing at such hour in the afternoon as may be fixed by the Government.

rtT r„ ri i ? ' ™c Government may. fcnho purpose of sub-section (2). fix different hours fordifferent classes of establishments or for different areas or for different times of the year ( 4 ) ^*?™T fa" b c m a c k f r o m *C w ^ s Of any employee in an establishment on account of any day or part 1 ' h / v r M ? ' ? ^ * " • a"0 W C d i n a C C ° r d a n C C VVhh l h l s SCc t lon ' a n d , f s u c h " ^ y * « employed on the basis that he would not ordinarily receive wages for such day or part of a day, he shall none (he less be paid for such day or part of a day the wages he would have drawn, had the holiday not been allowed on that day or part of a day

(5) It shall not bc lawful for the employer to call an employee at or for the employee to go to. his establishment on any day or pari or a day on which a holiday has been allowed in accordance with this section wuwusnmcm on

CHAPTER IV Employment of children, young persons and women

15. , Children not to work in establishment —No child shall bc required or allowed to work in any establishment ™ t !!" ^ , P C n T ? W ° r k ° n ' y b e , W C C n 6 a-m- a n d 7 pm- - N o y°unS P c r s o n sha» ^ required or allowed to work in any establishment before 6 a m and after 1 p.m. ^ MVWUI io hours in any week nor shall such person be allowed to work overtime ^ to maternity leave, but not to any wages for any of those periods. P y * C n U U e d ,9- Maternity leave .-Every woman who has been for a period of not less than six months prccedine the date of

(a) six weeks leave immediately preceding the day of dcliveiy; and

(b) six weeks leave following the day of delivery.

CHAPTER V Health and Safety

(2) (a) The premises of every establishment shall be sufficiently lighted during all working hours

(2) If power-driven machinery is used, or any process, which, in the opinion of the Government is likely to expose S 2 S T T * " S k ° f b 0 d " y m J U l y " C a r n C d °n ' l n ^ ^lishment other than such S s C S es. bhshmen s as the Government may, by notification, specify such precaut.ons, including the k ^ p k g T r S t e ^ be taken by the employer for the safety of the employees therein, as may be presented.

CHAPTER VI Uavc and Holidays with Wages m„.,n„n,2c J'« i f f*? /~ , { l ) E V C 1 C m p l ° y C C Wh° ll3!i SCIVCd fo r a P0"041 o f t w ° h u n d r c d ™& forty days or more during a " ^

Provided that such leave with wages may be accumulated uplo a maximum period of forty-five days.

,™, , P , ? ' d C d S i * t h a l L a"y c o m m u o u s ^iod <»f service in an establishment preceding the date on wh:ch this Act appl.es to that cstabhshment shall also count, subject to a maximum period .of twelve months:

«• M / r ° v i d C d alS° , h a t a n y l c a v c ^cumulated by an employee m an establishment under the law applicable to that cstabhshment preceding the date on wh.ch this Act applies to it, shall not be affected. appi.caolc to that , ? Al C", l ployCC m a y aPP'>' l n w r i t i ne to ihc employer, not less than seven full working days before the da'c of avartmg himself of h1S leave, to allow all the leave or any portion thereof, to wh.ch he is enftlcd u ^ e V S b W o n ( 1 ^

Provided that the number of instalments for taking leave shall not exceed .hree during a period of twelve months

(3) An employee who has been allowed leave for not less than five days under sub-section (2) shall before his leave begins be pa.d the wages due for the penod of the leave allowed if he makes a request therefor

(4) Every employee in any establishment shall also be entitled during his first twelve months of continuous service and during every subsequent twelve monihs of such service wuunuous service http://appl.es 3 2 THE GAZETTE OF INDIA; EXTRAORDINARY [PART II—SEC. 3(i)]

(a) to leave with wages for a period not exceeding nine days, on the ground of any sickness incurred or accident sustained by him; and

(b) to casual leave with wages for a period not exceeding six days on any reasonable ground.

(5) If an employee entitled to any leave under sub-section (1), is discharged by his employer before he has been allowed such leave, or if the leave applied for by such employee has been refused and if he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under this Act in respect of the period of leave.

, ( 6 ) ? *? emp*oycc i s l a w f u ] ,y ^ b a r g e d by his employer when he is sick or suffering from the result of an accident, he empkjyer shall pay h.m the amount payable under this Act in respect of the period of leave to wh.ch he was entitled at the time of his discharge in addition to the amount, if any, payable to him under sub-section (3).

(7) An employee in a hostel attached to a school or college or in an establishment maintained in connection with the boarding and lodgmg of pupils and resident masters, shall be allowed the privileges referred to in sub-section (1) to (6) reduced however proportionately to the period for which he was employed continuously in the previous year orto the period for which he will be employed continuously in the current year, as the case be; and all references to the period of leave in sub­ sections (1) and (4) shall be construed accordingly, fractions of less than half a day being disregarded.

l \ ?'n C r 1J°!idT Cf} E v C r y ^ P ' 0 ^ i n ^ estahshment shall also be entitled to seven holidays in a year with wages which shall include the 26th January (Republic Day), the 2nd October (Gandhi Jayanti) and the 19th December (Goa Liberation Day), in addition to two holidays to be availed of after prior fixation and declaration made in the prescribed manner by each cstalishment in the first month of the year :

P r o v l d c J t h a t ^ employer may require any employee to work w the establishment on all or any of these days subject to the condition that for such work the employee shall be paid double the amount of the daily wages and also be granted leave on any other day in lieu of the holiday. e

(2) Nothing in sub-section (1) shall apply in respect of any establishment where the number of holidays with wages allowed by the employer is more than the holidays notified by the Government under that sub-section:

fi- „ i r°V^rhf • * * ? S U C h e ? , P l ° y e r S h a " *** a J,St ° f h 0 l i d a y s w i t h w a « « 9 l I o w e d *>y h i m . which shall include the five holidays specified.n sub-section (1), to thelnspector and shall also display the list a. a prominent place oftheestablishme.it.

f n ™t u> y ?"r in,V!!VC f h o I i d a y s - E v e i y employee shall, for the period of the leave allowed under sub-sections

(1) and (4) of section 23 be paid at a rate equivalent to the daily wages for the days on which actually worked during the preceding month exclusive of any earnings in respect of over time.

section i f Z T Z l ^ T " ' T P 2 S ° f ' " * a " 0 W a b ' e U n d C r "*tU>a "-Notwithstanding anything contained in S m t h / , . G ° v c T may- b>' notification, mcrease the total number of days of leave that may be allowed under sub- 2 2 ? i . l h a t . s e c l T and ] th u e m a x i m u m "umber of days upto which such leave may be accumulated in respect of any establishment or class of establishments. ^ J

CHAPTER VII Wages ™«.« JA Responsibility for payment of waEe«.-Every employer shall be responsible for payment to his employees of all wages and sums required to be paid under this Act. J r^nen f J i T ^ " ^ K ^ ^ ^ C m p ] ° y e r S h a" flX ^"^ <h™™*<* referred to as wages-penods) in respect of which such wages shall be payable.

(2) No wage-period shall exceed one month.

™„il,J f ™ 1 ? r° r T r 1 ' m C w o r k T W h e r C W e m p ' ° y e C i n a n y estat"ishment is required to work overtime he shall be entitled, in respect of such overtime work, to wages at twice the ordinary rate of wages:

Provided that where the normal hours of work ,n an establishment are ordinarily less than eight hours a day and fortyh hours a week he shal.be entitled in respect ofwork in excess of such normal hours upto e-ghf hours a d f e r t f a * eight hours a week to wages at the ordinary rate of wages and in respect ofwork in excess of eight hours a day and fcrty^gnt hours a week at twice Ihc ordinary rate of wages, in addition to the wages for the normal hours ofwork «"****

Explanation - F o r the purpose of this section, the expression ordinary rate of wages shall mean such rate of wages as may be calculated in the manner prescribed. ou^waicui wages as http://oftheestablishme.it http://shal.be

(3) All payments of wages shall be made on a working day.

31. Wages to be paid in c u r r e n t coin or curency n o t e s — All w a p « c h a n t s ™ A • or in both. y A " w a e e s shail«Paid i n current coin or currency notes

32. Deductions which may be made from wgo» m T-K *- deductions of any kind except ^ J S S S ^ S i i i ? ^ " ^ ' ^ S h a U * ^ t 0 W m ^ be a d r t S S S K S ^ P 3 y m C m ^ ^ " e m P l 0 y C £ " " * C m p l ° y C r S h a 1 1 ' * < h e P - P - - M * Act. bo deemed to m a y b e o f S ^

(a) fines and other penalties lawfully imposed;

(b) deductions for absence from duty

(d) deduction for house accommodation provided by the employer * £ £ £ £ a S S T " ^ " " * * ' « * ' * " " " * * " « - - « * — - « by 8c„cra, « (0 deductions for recover ofadvanccs or for adjustmentof overpayments of v»aEcs;

(g) deductions of income-lax or profession lax payable bv the employee <h> deductions required to be made by order o f , conn o , orher auibonty'cornpcicn, ,o make soch order 0) deductions for payments to cooperative socilies approved in ihk bohilF hv ,hn r-™, ^ Insurance Corpora,™ of.ndia estab.ishrxi ondc, ,he L.fe Insurance Corporation % \ l £ ( £ L £ , M

(k) deductions made with written authorisation of t he employee .he J*1£EI!35!sucb Ms and mraBMS *"" csh""M •fc ̂ - « « — - «* » — - «•» amoû x̂rz1 ; r c» i s s : . 'K SKSL-UEST sha" -—-

(5) No fine shall be imposed on any employee who has not completed the age of fifteen years w h , c h ( u \ v ^ ^ m p C 0 , s T S e d ° n " ' C m P ' ° y C C SHa" bC rCCWCrCd f r ° m h i m a f 'Cr 1,1C ****** " f - * <%* ^ * c day on imposed ^ f m e * • " ^ d e e m C d , 0 ^ beC" 1 , n p ° S C d ° " " ,C d a* » f * » a * « • • « • * respect of which i, was 3 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—Stc. 3(i)J

(8) All fines and all realisations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed; and ail such realisations shall be applied only to such purposes beneficial to the employees in the establishment as are approved by the prescribed authority.

Explanation. - When the employees are only part of a staff employed under the same management, all such realisations may be credited to a common fund maintained for the staff as a whole, provided that the fundshall be applied only to such purposes as are approved by the prescribed authority

34. Deductions for absence from duty.— (l) Deductions may be made under clause (b) of sub-section (2) of section 32 only on account of the absence of an employee from the place or places where, by the terms of his employment he is required to work, such absence being for the whole or any part of the period during which he is so required to work.

(2) The amount of usch deductions shall in no case bear to the wages payable to the employee in respect of the wageperiod for which the deduction is made, a larger proportion than the period for which he was absent bears to the total period within such wage-period during which by the terms of his employment, he was required to work :—

Provided that, subject to any rules made in this behalf by the Government, if, ten or more employees acting in concern absent thcm-sclves without due notice that is to say. without giving the notice which is required under the terms of their contract of employment and without reasonable cause such deduction from any such employee may include such amount not exceeding his wages for four days as may by any such terms be due to the employer in lieu of due noticc.

ExplanaUon ;— For the purpose of this section, an employee shall be deemed to be absent form the place where he is reuqired to work, if, although present in such place he refuses, in pursuance of a stay in strike or for any other cause which is not reasonable in the circumstances, to carry out his work

35. Deductions for damage or loss :—<I) A deduction under clause (c) of sub-section (2) of section 32 shall not exceed in respect of the damage of goods, one half of the amount of such damage, and in respect of the loss of goods or money the amount of such loss caused to the employer by negligence or default of the employee and shall not be made until the employee has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deduction.

(2) All such deductions and all realisations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed

36. Deductions for services rendered :—A deduction under clause(d) or clause (e) of sub-section (2) of section 32 shall not be made from the wages of an employee unless the house accommodation, amenity or service has been accepted by him as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house accommodation, amenity or service supplied and in the case of a deduction under the said clause (e) it shall be subject to such conditions, as the Government may impose.

37. Deductions for recovery of advances :-Deduclion under clause (f) of sub-section (2) of section 32 shall be subject to the following conditions, namely ,—

(a) recovery of an advance of money given before employment began shall be made from the first payment of wages in respect of a complete wage-period, but no recovery shall be made of such advances given for travelling expenses,

(b) recovery of advances of wages not already earned shall be subject to any rules made by the Government regulaung the extent to which such advances may be given and the instalments by which they may be recovered.

38. Deduction, for payment to cooperative societies and insurance schemes etc ^Deductions under clause 0) and clause (k) of sub-section (2) of section 32 shall be subject to such conditions as the Government may impose.

39. Conditions for terminating the service of an employee and payment of gratuity :—(1) No employer shall without a reasonable cause and except for misconduct, terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee, at least one month's notice in writing or wages in lieu there of and a gratuity amounting to fifteen days' average wages for each year of continuous employment

Explanation .-— For the purpose of this sub-section :

(a) the expression "wages" does not include over time wages, tt,, < M J 2 the expression "wages" means the daily average ofwages for the days and employee actually worked during the thirty days immdiately preceding the date of termination of service;

(c) an employee in an establishment shall be deemed to have been in continuous cmplovment for a period of not less than six months. If he has worked for not less than one hundred and twenty days in that establishment within a period of six months immediately preceding the date of termination of the service of that employee to on, „ / ! Z ^ 'Y T " COnti J nuous "nptoymcnt is for a fract.on of a year or cxle^dTo^r a fiacUon of a ^ r l n l d d i ^ n " to one or more completed years of continuous employment, such fraction, if ft ,s not less than half a year shall be counted as ayear of continuous employment in calculating the total number of years for wh.ch the gratuity is to be gfven ** SI Vf^n-3 g I ^ i t y " P a y 3 b l C "n d C r s u b" s c c t i o n (') to an employee, he shall be entitled to receive his wages from the %ZfcSSSta 8CIViceunlil the date on wh,ch the gratuity so payable 1S aclua,ly paid -5£SS25 M 2 / " ^ P ' T 6 , W h ° h 8 S C 0 n ,P l e l c d t h e a 8 c o f Si*K y**s ™ who is physically or mentally unfit hav.ng been so declared byamedicalcert.ficatcorwhowan^toret.re on medical g ™ » d , o r t o * ^ h i , L v i M . n « y ^ l » S ) w S aft giving to h» employer nonce of at least one month and every such employee and the dependent o L emPtoyc7who d c while in service, shall be entitled to receive a gratuity amounting to fifteen days average wages for each yZ o f c o m ™ ™™Lt:t^zz iiryment until *e daie on whkh the gratuiiy s° p a y a w e ,s —* S Ess ^aJ^^Sd^^ShEl1 n ° l * l ™ t e d f ° r m i s C o n d u c l c x c e p t - f o r s u c h • " » • * « - - - *

Explanation . -For the purpose of this section, the term "employee" shall include part-time employee also.

rnv, 4 ° ' A , p p o i n t ' a c n t . ° f ftUthority *» h««" and decide appeals arising out of termination of service : - { » fa) The S E t t Z S T * 3 ^ 0 1 - - - ^ ^ ' ° ^ - ^ ^cidc appeal, arising out of the t e rmrna t io^r t i c lo f such ̂ Z^£ZZt* ^ * " t C r m i n a t e d ̂ 3 P P e a l ' ° l hC a U t h ° n t y C ° n C C r n e d W U h l" SUCh U m C a » d - mAi (2> T h ' a u t h o r i 5 ' m a * a f t e r Squiring in the prescribed manner, dismiss the appeal or direct to the reinstatement of the employee wrth or without wages for the period he was kept out of employment or direct payment o c o m p e n S n withou reinstatement or grant such other relief as it deems fit m the circumstances of the case compensation without

(3) Against any decision of the authority under sub-sect .on (2), a second appeal shall lie to the Labout Court constituted under secnon 7 of ̂ Industrial Pisputes Act. 1947 (Central Act 14 of 1947) withirVthirty days from t h e £ o f commute uo n of the toon and fe decision of the Labour Court on such appeal shall be final and bind.ng on both the c m " Z the employee and shall be given effect to within such time as may be specified m the order of that Court.

(4) Any amount directed to be paid under this section may be recoveredfa) if the authority is a Magistrate, by the authority, as if ,t were a fine imposed by him as Magistrate; and

41. Notice and payment of gratuity to employees in case of transfer of establishment.- Where the ownershio or 7 5 2 1 : ! TbliShmCm 1S , r a n S f e m d - W h C t h W bV a e r C C m c m or ^ ° P £ r a t ' - o f ' - • « * • the e m Z r i n region I m t f ^ , ? M 1° 8 " ^ e m p l 0 y C r ' eVCly C m p l 0 y e e W h° h a s b c c n l n c o t * n u ° » s employment for not ess than s!x months in that establishment immediately before such transfer, shall be ent.tlcd to the notice and the o L t o l E S t a n with the provisions of sub-section (1) of section 39 : B'^uuy in accordance ^ t n s l r n ^ n 8 m th iS S e C U ° n S h a" a P P l y t 0 ^ "**«" i n a n y C3SC w h e r e t h e r c h a s b c c n a <***« of employers by reason of transfer, if—

(a) the employment of the employee has not been interrupted by such transfer;

r™, t?] ^ t e r m S , a n d ™ d l t i o n s o f employment applicable to the employee after such transfer are not in anv way less favourable to the employee than those applicable to him immediate!) before such transfer, and ™,n, «r}C) lhC T W C/I!Pll>yCr 1S " n d e r tKe t e r m S ° f SUCh l r a n s f c r o r othem'sc. legally I,able to pay to the employee in the STSsS" serv,ccs'gratu,ty on lhe basis th3t hls employmcnl has *-c o n i™ a"d h- « 2 X £ S 2L T H E G A Z E T T E ° F tNPJA : EXTRAORDINARY [ P ^ H—SEC. 3(i)]

CHAPTER VIII " """" ~ Appointment, power and duties, etc., of the authority to hear and decide claims relating to wage*, etc, of employees in establishments^

42. Appointment of the authority to hear and decide claims arising out of deductions from the employees etc— For any specified area the Government may, in consultation with the Judicial Commissioner, appoint by notification any Civil Judge (hereinafter to be referred to as the judicial authority) to hear and decide all claims arising out of deductions 'from the wages or delay in payment of the wages or gratuity payable under this Act to employees in any establishment in that area.

43. Claims arising out of deductions from wages or delay in payment of wages, etc and penalty for malicious or vexatious claims.— (I) Where, contrary to the provisions of this Act, any "deduction has been made from the wages of an employee in an establishment or any payment of wages or gratuity to him has been delayed, such employee himself or if he is dead any of lus dependants. or any legal pract.lioner, or any official of a registered trade union authorised in writing to act oil behalf of such employee or dependant, or any Inspector under this Act, or any other person acting with the prior permission of the prescribed authority may apply to the judicial authority for a direction under sub-section (2):

Provided that every such application shall be presented within one year from the date on which the deduction from the wages was made or from the date on which the payment of the wages or gratuity was due to be made, as the case may be :

Provided further the any application may be admitted after the said penod or one year when the applicant satisfies the judicial authority that he had sufficient cause for not making the application within such period.

(2) When any application under sub-section (1) is entertained, the judicial authority shall hear the applicant and the employer or give them an opportunity of making representation cither in person or through an authorised representative and after such further inquiry, if any, as may be necessary, may. without prejudice to any other penalty to which such employer is liable under this Act, direct the refund to the employee, of the amount deducted, or the paymant of the delayed wages or the gratuity together with the payment of such compensation as that authority may think fit, not exceeding ten times the amount deducted or the amount of delayed wages and not exceeding iwcntyfivc rupees in case of gratuity :

Provided that no direction for (he payment of compensation shall be made in the case of delayed wages of gratuity if the said authority is satisfied that the delay was due t o ­ la) a bonified error or a bonafied dispute as to the amount payable to the employee, or

(b) the existence of exceptional circumstances, such that the employer was unable, though exercising reasonable diligence to make prompt payment, or

(c) ihc failure of the employee to accept payment (?) If the said authority hearing any application under this section is satisfied that it was either malicious or vexatious that authority may direct that a penalty not exceeding five rupees be paid to the employer by the person presenting the application r e

(4) Any amount directed to be paid under this section may be recovered— la) if the authority is a Magistrate, by the authority as if .1 were a fine imposed by him as a Magistrate; and lb) if ihc authority is not a Magistrate, by any Magistrate to whom the authority makes an application in this behalf as iT it were a fine imposed by such Magistrate, ICxpiwaiiatt, For the purposes of this section, the term "employee" shall include part-time employee also.

44. Single application in respect of claims from unpaid Kroup.-{ 1) Employees arc said to belong to the same unpaid group if they arc borne on the same establishment and if their wages or gratuity for the same period or periods have remained unpaid a Her ihc day on which those were due.

(2) A single application may be presented under section 43 on behalf or in respect, of any number or employees belonging to .he same unpaid group, and in such case the maximum compensation that maybe awarded under sub-section (2) of that section shall be twenty five rupees per head

(3) The Judicial authority may deal with any number of separate pending applications, presented under section 43 ,n respect ol persons belonging to ihc same unpa-d group, as .1 it were single application presented under sub-section (2) of this sccuon, and the provisions of that sub-section shall apply accordingly

45. Appeal.- (1) An appeal against an order dismissing ether wholly or in part an application made under sub­ section (I) ol section 43 or against a d.rcction made under sub-section (2) or sub-section (3) of that section may be preferred [MPT II—T!TXB3{i)] T̂Cn i*tf Tram : 3r*jrarror 37 before the District Court within thirty days of the date on which the order or direction was served on the applicant or the employer, as the case may be—

(a) by the employer, if the toial sum directed to be paid by way of wages, gratuity and compensation exceeds three hundred rupees, or

(b) by the person who had applied under sub-section (1) of section 43 if the total amount or wages or gratuity claimed to have been with held from the employee or from the unpaid group to which he belonged exceeds fifty rupees, or

(c) by any person directed to pay a penalty under sub-section (2) of section 43.

(2) Save as provided in sub-section (1) any order dismissing either wholly or in part an application made under sub­ section (1) of section 43 or a direction made under sub-section (2) or sub-section (3) of that section shall be final.

46. Conditional attachment of property of employer.—(1) Where at any time after an application has been made under sub-section (1) of section 43, the autliority, or where at any lime after an appeal has been filed under clause (b) of sub­ section (1) of section 45, ihe Court referred to in that section, is satisfied that the employer is likely to evade payment of any amount that may be directed to be paid under section 43 or section 45, the authority or the Court, as the case may be, except in cases where the authority or Court is of opinion that the ends of justice would be defeated by the delay, after giving the employer an opportunity of making representation, may direct the attachment of so much of the property of the employer as is, in the opinion of the authority or Court, sufficient to satisfy the amount which may be payable under the direction.

(2) The provisions of the Code of Civil Procedure, 1908 (Central Acl 5 of 1908) relating to altachcment before judgement under that Code shall, so far as may be, apply to any direction for attachment under sub-section (1).

47. Powers of authority appointed under section 42.— Every authority appointed under section 42 shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 or 1908) for Ihe purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such auihority shall be deemed to be a Civil Court for all the purposes of section 195 and or Chapter XXXV of the Code of Criminal Procedure 1898 (Central Act 5 of 1898).

48. Powers of Government to prescribe costs and court-fees fur proceedings under this chapter.—The Government may prescribe the scales of cost which may be allowed and the amount of Court-fees which will be payable, in respcel of any proceedings under this Chapter

CHAPTER IX Appointment, power and duties of Inspectors

49. Appointment of Inspectors.—The Government may by notification, appoint such number of Inspectors as it may think necessary for the purposes of this Act and fix the local limits of their jurisdiction

50. Powers and duties of Inspectors,—An Inspector may, within the local limits for which he is appointed

(a) enter at all reasonable hours with the assistance of such persons in the service of the Government or any local authority as he thinks fit, any place which is or which he has reason to believe, is used as an establishment;

(b) make such inspection of the premises and of any registers or other records and take on the spot or otherwise evidence of such persons, as he may deem necessary, in the manner prescribed.

(c) exercise such other powers as may be necessary for carrying out the purposes of this Act.

St. Inspectors to be public servants,—Every Inspector appointed under section 49 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of I860)

CHAPTER X Penalties for Offences

52. Penalties.—Any employer who contravenes any of the provisions of sections 4, 5 lo 8, 10 to 25, 27 to 39, 41 and 57 shall be punishable for a first offence with fine which may extend lo twenty five rupees, for a second offence with fine which shall not be less then fifty rupees and which may extend to one hundred rupees and for a third or subsequent offence with fine which shall not be less than one hundred rupees and which may extend to two hundred and fifty rupees.

™ THE GAZETTE OF INDIA . EXTRAORDINARY f p ^ U—SRC. 3(i)]

Provided that where any employer fails to possess a valid certificate of registration in contravention of the provisions ofsection 3 or of the rales made thereunder, he shall, on conviction, be punishable, in the case of a continuing offence with a further fine which may extend to ten rupees for each day during which the offence continues.

53. Penalty for obstructing Inspector, e tc -Any person who wilfully obstructs an Inspector m the exercise of any power conferred on him under this Act, or any person lawfully assisting such Inspector in the exercise of such power or who h t n d r ^ n T i ^ r u ^ e T ^ ^ ^ " ^ * ""* ^ ^ ^ ^ * p u n i s h a b l e W J t h f l n e w h i<* may extend to two « * « . d ^ V ^ f T i " t r l a ' ° / ° n ' c o c c - < 1 ) N ° C o u r t s h * ' take cognizance of a complaint against an employer under section 43 relating to deduct.ons from wages or delay in payment of wages or gratuity payable under this Act to an employee unless an application;».respect of the fact, consulting the offence has been presented under section 43 and toSSS ,m H p r j S f S * TTS** ^ m a k m g 5 a compJaint against (he employer for snch an offence, the authority empowered under section 42 or the appellate Court, as the case may be. shall give such employer an opportunity of showing cause against ^TZ^Z™*™'and the sanction sha"not te grantcd * such empIoyer *^s the authori* S S

(a) a bonafide error or bonafide dispute as to the amount payable to the employee, or

(b) the existence of exceptional circumstances such that the employer was unable, though exercising diligence to make prompt payment; or °

(c) the failure of the employee to accept payment 0) No Court shall take cognizance of a complaint against any person for an offence under section 43 other than the offence referred to ,n sub-section (1) or for a contravention of any rule made under section 59 except on a complain m a l by or with the previous sanction m writing of an Inspector under this Ac. within six months from the date on whf the offence or contravention is alleged to have been committed a n i„ n, ( f 4) l n i m p o s m g a n y fIBE\for a n o f r e n c e r e f e r r e d <° *" sub-section (1), the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 43

(a) forms the subject of an application under section 43 which has been presented by (he plaintiff and which is pending before [he authority appointed under section 42 or or an appeal under section 45; or Cb) has formed the subject or a direction under section 43 favour of the plaintiff, or

(c) has been adjudged, in any proceeding under section 43 not to be owed to the plaintiff; or

(d) could have been recovered by an application under section 43.

56. Contracting out—Any contract or agreement. whether made before or after the commencement of this Act sssr1 hcs any r,em confcrred by ihis Aci shan *nui1 and void m s°far as • p u r p ° = * * £ ̂

CHAPTER XI Miscellaneous 57 Restriction on double employment, maintenance of registers, records, ctc.-< I) No employee shall work in 2 2 2 £ S " ° , a " y " ^ J " " * * * P c r m " a n ™ ^ * " ™* •» - V cs^Ushmcnt, on a av pan of day on which the employee is g.vcn a holiday or ,s on leave m accordance with the provisions of this Act

(2) Subject lo the control of (he Government, an employer shall maintain such registers and records and d.snlav such notices, as may be prescribed. A.I such registers and records shall be kept, and all such n o C c S s h T ^ Z l a X t t premises of the establishment lo which they relate. displayed on the

(3) Every employer shall on demand produce or cause lo be produced for inspection by an Inspector all registers records and notices required to be kept by or under this Act inspector an registers, [MPTji~gqg3fjijj vm^usm-.&mw 39 such m ^ S S S S S S S ^ rC 'UmS rClaUng l° h 'S ****m SUCH m a n n C r 3 n d W U h i n SUCh <*«*• a n d » joins theiervic?^ " " ' ^ ** ^ "" " * * °f a p p o ' n t m c n t l 0 h i s e n ^ l 0 ^ e in t h c «.ablishment before such employee

Provided that in the case of an employee in the service at the commencement of this Act, the employer shall Give such order of appointment within a period of three months from the date of such commencement B'vesucn ,„ A, m f8' D e I e 8 a t i 0 n of P«wen..-(1) The Government may, by notification, authorise any officer or authority subordinate 9 J 5 2 ?X e r Cf a n J ^ ° r ^ ° f thC ^ ^ V 6 S l e d ' " t h C m b y o r u n d e r t h i s Acl> c*ccP l ** Power mentionedin cfion 59, subject to such restrictions and conditions, if any, as may be specified in the notification « The fcttose of the powers delegated under sub-section (1) shall be subject to control and revis.on by the Government or by uch persons as may be empowered by them ,n that behalf. The Government shall also have power to control S m the acts or proceedings of any persons so empowered.

59. Power to make rul e s , -( l) The Government may make rules Tor carrying out the purposes of this Act.

• t J 2 ) S ^ 3 k i n g E m ' e UndCr s u b ' s c c U o n 0>- t h e Government may prov.de that a contravention thereof shall be punishable with fine which may extend to fifty rupees. wsHrevamon mercoi shall be previous p u b t S i o T " * " ^ " " " " " ^ * * " ^ ^ ^ * S°bJCCt t 0 thC C O n d l t i ° n S ° f t h c mhs * ' "« « * * after r . n W E v ^ m l c f m a d e u n d e r ,hi* Act shall, immcd.atcly after it is made, be laid before the Legislative Assembly of S ^ T aDH , 'U ^ ? ? m ^ ^ 3 n d ,f * 'S m " SCSS,0n' m t h e SCSsi("1 ' ^ d i a t e l y foUow^ for a VXE* o fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of theTess.on .n wmch,. „ so »d or the session immediately following, the Assembly agrees ,n making any m o d , S o „ m h ™>c o in Uhe annulment of the rule, the rule shall thereafter have effect only in such modified form or shall stand annulled asTecac d t e under S T " * ^ m 0 d l f , C a t i ° n " a n n U l m e m **" * W l t h ° U l " r C J U d i c e t o <hc v a l l d i * * - X S j S S J «,hi,h 6 0 ' R ! 8 h t a n d privi,cSf.u i nd*=r " t h " >™, elc. not affected—Nothing in this Act shall affect any nghts privileges which any employee m any establ.shment is ent.tlcd to, on the date on which this Act comes into operation in resect of such es^hshmentunder any other law, contract, custom or usage applicable to such establishment, if su^h right. c 3 S £ S more favourable to him than those to which he would be entitled under this Act. privileges are

61. Exemption*.—(1) Nothing in this Act shall apply to—

(a) employees in any establishments whose average monthly wages exceed two thousand five hundred rupees;

<b) Bank 5 2 ? U n d C i t h C C r r a ' a n d SmtC G o v e r n m c n t s - l o c a l a u t ^ « > cantonment authorities, the Reserve CoStitutlon! y a d m i m s t r a U O n o p c r a t i n* • * railway as defined in clause (20) of article 366 of the

(c) establishments in mines and oil fields;

(d> motht!Stba23ar 0I l" PlaCCS WherC ftirS M feStlV3lS ̂ hdd temp0ranly f ° r a ̂ n0t C X C e C d m « one "(e) establishments belonging to any nationalised, schedule or co-operative bank;

(f) establishments known as 'Gadas' as defined under clause (10-A) of section 2 \

(2) Nothing in section 4 or section 10, as the case be, shall apply to—

(a) hospitals and other institutions for treatment or care of the sick, the infirm, destitute or the mentally unfit;

(b) such chemists' or druggists' shops as thc Government may by general or special order, specify;

(c) ^ j e s s i n g shops, clubs and residential hotels, educational institutions, hostels attached to schools or colleges and establishments maintained in connection with the boarding and lodging of pupils and resident masters; '

(d) stalls and refreshment rooms at railway stations, docks wharves, ports, airports or bus stands,

(e) establishments wholly or principally engaged in the sale of ice or aerated water;.

http://prov.de 40 THE GAZETTE OF INDIA EXTRAORDINARY [PARr II—SEC 3(I)] tf) establishments wholly or principally engaged in the sale of funeral requisites.

(3) Nothing tnsections 4, 5,8 or 10 shall apply to—

(a) persons whose work is of an intcrnuttenl nature such as caretaker, sweeper, travelling staff

(b) persons employed for loading and unloading goods at godowns.

(4) The Government may, by notification, exempt either permanently or for any specified period, any establishment or class of establishments or persons or classes of persons, from all or any of the provisions of this Act, subject to such condition as they may deem fit,

(5) Notwithsandmg anything contained in the foregoing sub-sections, the Govenment may, by notification, apply all or any of the provisions of this Act to any class of persons or establishment mentioned in those sub-sections other than those mentioned in clause (b) of sub-section (1) and modify or cancel any such notification.

62. Appointment of an authority to decide certain questions.—(1) If any question arises whether all or any of the provisions of this Act apply to an establishment or lo an employee therein or whether section 61 applies to any case or not, it shall be decided by such authority as may be prescribed by the rules made under this Act.

(2) The decision of such authority shall be final and shall not be liable to be questioned in any Court of law

63. Application of the Workmen's Compensation Act, 1923—The provisions of the Workmen's Compensation Act, 1923 (Central Act 8 of 1923), and the rules made thereunder, shall so far as may be, apply to every employee to whom this Act applies.

64. Protection of persons acting under this Act.—No suit, prosecution or other legal proceeding shall he against any person for anything which is in good faith done or intended lo be done under this Act

65. Power of Government to suspend provisions of the Act during fairs and festivals.—On any special occasion in connection with a fair or festival or a succession in connection with a fair or festival or a succession of public holidays, the Government may by notification, suspend for a specified period the operation of al 1 or any of the provisions of this Aci, subject lo such conditions, as may be specified in such notification.

66 Weekly Holidays Act 1942 not to apply to establishments governed by this Act.—On and from the date on which this Act comes into operation in respect of any establishment, the Wcelky Holidays Act, 1942 f Central Act 18 of 1942) shall cease to apply to such establishment 67 Repeal and Savings.—With effect on and from the date on which this Act is brought into force, the Diploma Legislative No. 1441 dated 28th August, 1952 and the Diploma Legislative No 1503 dated 3rd September, 1953. as in force in the territory shall stand repealed .

Provided that—

(a) every appointment, order, rule, notification or notice made, issued or given under the provisions of any of the Legislative Diplomas so repealed shall, m so far as it is not inconsistent with the provisions of this Act, be deemed to have been made issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rule, notification or notice made, issued or given under this Act, and

(b) any proceedings relating to the trial of any offence punishable under the provisions of the Legislative Diplomas so repealed shall be continued and completed as if the said Legislative Diplomas had not been repealed but had continued in operation and any penalty imposed on such proceeding shall be recovered under the Legislative Diplomas so repealed Printed by the Minnger. Oovt nftndiii Preis. Ring Rood. Mn> jpun, New IX-lhi-1 lUOri.l und Published t>y the Ctinlrallcr ol Pubhaitioni. Dtlhi-110054

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