(1) Where any employer fails, refuses or is unable to provide employment to an enrolled workmen on any day during the specified period by reasons of,-
(a) reduction of not less than twenty five percent of the maximum demand for electrical energy, or
(b) reduction of not less than fifteen per cent of the off-take of electrical energy, or
(c) imposition of weekly holiday, in addition to that prescribed under the Factories Act, 1948; or
(d) closure of a shift in factories, or
(e) restriction on hours of shifts in factories, on account of any-
(i) restriction on consumption or use of, or
(ii) discontinuance of, or restriction on, or prohibition or regulation of supply of,- electrical energy under the Bombay Electricity (Special Powers) Act, 1946, then notwithstanding anything contained in any law for the time being in force, the employer shall, subject to provisions of this Act, pay to such enrolled workman an unemployment allowance at such rate per day and for such number of days in each calendar month during the specified period, as is provided in sub-sections (2) and (3).
(2) The rate of unemployment allowance payable shall be equal to 50 per cent of the total of the basic wages and dearness allowance that would have been payable to him per day had he been provided with employment during the specified period.
(3) The number of days in each calendar month for which the unemployment allowance shall be paid at the rate aforesaid shall be equal to the average of the total number of days in each month on which an enrolled workman has actually worked during a period of one year immediately before the commencement of the specified period:
Provided that such number of days in each calendar month shall not exceed the number of days in that month on which he is not provided with employment.
Explanation.-Where the interval between two or more periods is less than one year, then for calculating the period of one year in relation to the last of such specified periods for the purposes of this sub-section, the specified period or periods immediately before such last specified period shall be excluded.
(4) In computing the amount of unemployment allowance, the amount payable shall, where necessary, be rounded off to the nearest rupee, fractions of fifty paise and over being counted as one, and less than fifty paise being disregarded.
14 of 1947.
Payment of unemployment allowance.
63 of 1948.
Bom. XX of 1943.
1981: Guj. 20 ] Gujarat Payment of Unemployment Allowance to Workmen In Factories Act, 1981 5 of 6
(5) Where an enrolled workman does not actually work for the full number of hours on any day, then in counting the number of days on which he has actually worked on such days, the number of hours during which such work man has worked on each such day shall be added together to ascertain the number of days.
4. No unemployment allowance shall be paid to any workman-
(a) if he is entitled to any lay-off compensation under the provisions of the Industrial Disputes Act, 1947 ;
(b) if he refuses to accept any alternative employment in the same factory in which he has been provided with is usual employment, or in any other factory belonging to the same employer in the same town or village or situated within a radius of 8 kilometers from the first mentioned factory and in the opinion of the employer the work in such alternative employment does not require any special skill or previous experience and can be done by the workmen :
Provided that the wages which would normally have been paid to the workmen are offered for the alternative employment also;
(c) if such workman is not provided employment on any day due to any strike or slowing down of production on the part of the workmen in another part of the factory.