(1) Subject to the provisions of this rule an employee in a scheduled employment in respect of which minimum rates of wages have been fixed under the Act shall be allowed a day of rest every week (hereinafter referred to as "the rest day") which shall ordinarily be Sunday but the employer may fix any other day of the week as the rest day for any employee or class of employees in that scheduled employment: : :
" Provided that, employee has worked in the scheduled employment under the same employer for a continuous period of not less than six days:
Provided further that, the employee shall be informed of the day fixed as the rest day and of any subsequent change in the rest day before the change is effected by display of a notice to that effect in the place of employment at the place specified by the Inspector in this behalf. :
Explanation-For the purpose of computation of the continuous period of not less than six days specified in the first proviso to this sub-rule-
(a) any day on which an employee-is required to attend for-work but is given only an allowance for attendance and is not provided with work; or
(b) any day on which an employee is laid off on payment of compensation under the Industrial Disputes Act, 1947; shall be deemed to be days on which the employee has worked. :
;Added by G.N. dt. 15th June 1973. :
Rule 22 deleted by G.N, dt. 30.3.2001, MGG Pt. FLExt. dt. 30.3.2001 p. 230, G Scanned with OKEN Scanner a The Maharashtra Mininn Wages Rules, 1963 ny empl (2) Unless otherwise permitted by the State G°Ve,r,’,‘ n:::rt{t?mythe &Zty z: shal noy be required or allowed to work in a scheduled emp| yda on one of the fy oS he has or will have substituted rest day for a whole day Ve dayg immediately before or after the rest day:
Provided that, no substitution shall be made Whitcg :glslt'::;lfto:_"atai;mpk’yee working for more than ten days consecutively withou € day,
(3) Where in accordance with the foregoing prqtlji;;‘:i?:tegfr;:‘e d;Ules any employee works on a rest day and has been given a 5t oy Shall o i Y on ny one of the five days before or after the rest day, the rest day shall, € PUrpog, / ) . PUMogy of calculating the weekly hours of work, be included in the week in whig, the Substituted rest day occurs. i
(4) An employee shall be granted for the rest day wages calculated at the , applicable to%hey next precedfiwg day and in case he works on the rest day anq been given a substituted rest day, he shall be paid wages for the rest g Wwhich he worked, at the overtime rate and wages for the substituted Test day af the rate applicable to the next preceding day: )
Provided that, where the minimum daily rate of wages 9f. the employee as notified under the Act has been worked out by dividing the minimum monthly rate of wages by twenty-six or where the actual daily rate of wages of the‘emplo ees has been worked out by dividing the monthly rate of wages by twenty-six and sycp actual daily rate of wages is not less than the notified minimum daily rate of wages of the employees, no wages for the rest day shall be payable and, in case the employee works on the rest day and has been given a substituted rest day, he shall be paid, only for the rest day on which he worked an amount equal to the wages payable to him at the overtime rate:
Provided further that, in case of an employee governed by a piece-rate scheme, the employee shall be granted. for the rest day wages, equivalent to the daily average earnings. of the employee for the preceding six days; and in case he works on the rest day and has been given a substituted rest day he shall be paid wages for the rest day on which he worked at double the average rate as calculated above and for the substituted rest day at the said average rate.
Explanation.- In this sub rule, "next preceding day" means the last day on which the employee has worked, which precedes the rest day or the substituted rest day, as the case may be; and where the substituted rest day falls on a day immediately after the rest day, the next preceding day means the last dayon | which the employee has worked, Sy which precedes the rest day.
(5) The provisions of this rule shall apply to the employees in scheduled employments other than agricultural employment;
(6) The provisions of this rule favourable terms, if any, to which a law or under the terms of any award sucha case, the employee shall be entitieq only to the more favourable terms aforesaid. - !
G Scanned with OKEN Scanner The Maharashtra Minimum Wages Rules, 1963 3 for the purpose of national defence or to aiiy other purpose specified by the State Government under clause (xiv) of sub-rule (2) of the rule 21. :
Explanation.- For the purpose of this rule, ‘week' shall mean a period of seven days beginning at midnight on Saturday night.