Weekly Holidays Act, 1942

 
 

CONTENTS

   
I.

Weekly Holidays Act, 1942

Sections

1

Short title, extent and commencement.

2

Definitions

3

Closing of shops

4

Weekly holidays in shops, restaurants and theatres

5.

Additional half-day closing or holiday .

6.

No deduction or abatement to be made from wages

7.

Inspectors

8.

Powers of Inspectors

9.

Penalties

10.

Rules

11.

Power of exemption and suspension .

.II.

Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by Certain Establishments) Act, 1988

 

Weekly Holidays Act, 1942

[Act 18 of 1942 as amended by Acts 51 of 1970 and 4 of 1986]

[3rd April, 1942}

An Act to provide for the grant of weekly holidays to persons employed in shops, restaurants and theatres

Whereas it is expedient to provide for the grant of weekly holiday to persons employed in shops, restaurants and theatres;

It is hereby enacted as follows:

1.  Short title, extent and commencement.(1) This Act may be called the Weekly Holidays Act, 1942.

(2)  It extends to whole of India '[* * *].

(3)  It shall come into force in a State or in a specified area within a State only if the State Government by notification in the Official Gazette so directs.

2.    Definitions.In this Act, unless there is anything repugnant in the subject or context,—

(a)  "establishment" means a shop, restaurant or theatre;

(b)  "day" means a period of twenty-four hours beginning at midnight;

(c)  "restaurant" means any premises in which is carried on principally or wholly the business of supplying meals or refreshments to the public or a class of the public for consumption on the premises but does not include a restaurant attached to a theatre;

(d)  "shop" includes any premises where any retail trade or business is carried on, including the business of a barber or hair dresser, and retail sales by auction, but excluding the sale of programmes, catalogues and other similar sales at theatres;

(e) "theatre" includes any premises intended principally or wholly for the presentation of moving pictures, dramatic performances or stage entertainments;

(f) "week" means a period of seven days beginning at midnight on Saturday.

3.    Closing of shops.(1) Every shop shall remain entirely closed on one day of the week, which day shall be specified by the shop-keeper in a notice permanently exhibited in a conspicuous place in the shop.

(2) The day so specified shall not be altered by the shop-keeper more often than once in three months.

4.    Weekly holidays in shops, restaurants and theatres.Every person employed otherwise than in a confidential capacity or in a position of management in any shop, restaurant or theatre shall be allowed in each week a holiday of one whole day:

Provided that nothing in this section shall apply to any person whose total period of employment in the week including any days spent on authorised leave is less than six days or entitle to an additional holiday a person employed in a shop who has been allowed a whole holiday on the day on which the shop has remained closed in pursuance of Section 3.

5.    Additional half-day closing or holiday.(1) The State Government may, by notification in the Official Gazette, require in respect of shops or any specified class of shops that they shall be closed at such hour in the afternoon of one week-day in every week in addition to the day provided for by Section 3 as may be fixed by the State Government, and, in respect of theatres and restaurants or any specified class of either or both, that every person employed therein otherwise than in a confidential capacity or in a position of management 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 State Government.

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

(3)  The weekly day on which a shop is closed in pursuance of a requirement under sub-section (1) shall be specified by the shop-keeper in a notice permanently exhibited in a conspicuous place in the shop and shall not be altered by the shopkeeper more often than once in three months.

6.    No deduction or abatement to be made from wages.—No deduction or abatement of the wages of any person employed in an establishment to which this Act applies shall be made on account of any day or part of a day on which the establishment has remained closed or a holiday has been allowed in accordance with Sections 3, 4 and 5, and if such person is employed on the basis that he would not ordinarily receive wages for such day or part of a day he shall nonetheless be paid for such day or part of a day the wages he would have drawn had the establishment not remained closed or the holiday not been allowed on that day or part of a day.

7.    Inspectors.(1) The State Government may, by notification in the Official Gazette, appoint persons to be inspectors for the purposes of this Act within such local limits as it may assign to each such person.

(2) Every inspector appointed under this section shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1860).

8.    Powers of Inspectors.(1) Subject to any rules made in this behalf by the State Government, an inspector may, within the local limits for which he is appointed,—

(a)  enter and remain in any establishment to which this Act applies with such assistants, if any, being servants of the Government, as he thinks fit;

(b)  make such examination of any such establishment and of any record, register or notice maintained therein in pursuance of rules made under clause (c) of sub-section (2) of Section 10, and take on the spot or otherwise such evidence of any person as he may deem necessary for carrying out the purposes of this Act;

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

(2) Any person having the custody of any record, register or notice maintained in pursuance of rules made under clause (c) of sub-section \2) of Section 10 shall be bound to produce it when so required by the inspector, but no person shall be compellable to answer any question if the answer may tend directly or indirectly to incriminate himself.

9.    Penalties.In the event of any contravention of the provisions of Section 3, or Section 4, of a requirement imposed by notification under sub-section (1) of Section 5, or Section 6, or of the rules made under clause (c) of sub-section (2) or Section 10, the proprietor or other person responsible for the management of the establishment in which such contravention takes place shall be punishable with fine which may extend, in the case of the first offence, to twenty-five rupees, and, in the case of a second or subsequent offence, to two hundred and fifty rupees.

10.    Rules.(1) The State Government may, subject to the condition of previous publication by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of foregoing power, such rules may—

(a) define the persons who shall be deemed to be employed in a confidential capacity or in a position of management for the purposes of Sections 4 and 5;

(b)  regulate the exercise of their powers and the discharge of their duties by inspectors;

(c)  require registers and records to be maintained and notices to be displayed in establishments to which this Act applies and prescribe the form and contents thereof.

2[(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]

11.    Power of exemption and suspension.The Central Government in respect of establishments under its control, and the State Government in respect of all other establishments within the State may, subject to such conditions, if any, as it thinks fit to impose, exempt any establishment to which this Act applies from all or any specified provisions of this Act, and may, on any special occasion in connection with a fair or festival or a succession of public holidays, suspend for a specified period the operation of this Act.

Labour Laws (Exemption from Furnishing Returns and Maintaining
Registers by Certain Establishments) Act, 1988

[Act 51 of 1988]

[24th September, 1988]

CONTENTS

Sections

1.  

Short title and commencement

2.  

Definitions

3.  

Amendment of certain labour laws

4.  

Exemption from returns and registers required under certain labour laws

5.  

Savings

6.  

Penalty

7.  

Power to amend Form

8.

Power to remove difficulties

 THE SCHEDULE

An Act to provide for the exemption of employers in relation to establishments

employing a small number of persons from furnishing returns and

maintaining registers under certain labour laws

Be it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:

Prefatory Note—Statement of Objects and Reasons.—(1) Rules and regulations framed under various labour laws provide for maintenance of registers in prescribed formats and periodical submission of returns in prescribed forms. There has been persistent demands from small business and industrial establishments for the simplification and reduction in the number of forms and registers required to be maintained/submitted by small establishments. A Working Group appointed for the purpose had suggested undertaking of legislation as well as other appropriate measures for simplification and reduction in the number of forms and registers required to be maintained by small establishments. In the light of the recommendations of the Working Group, the matter was considered further at various fora and Government has considered it desirable that establishments employing smaller number of persons should be exempted to a limited extent, from maintaining registers in the prescribed form and from submitting the various returns under certain existing labour laws.

(2)  A small establishment has been defined in the Bill as an establishment in which not less than ten and not more than nineteen persons are employed or were employed on any day of the preceding twelve months. A very small establishment has been defined as an establishment in which not more than nine persons are employed or were employed on any day of the preceding twelve months.

(3) Small establishments will be required to maintain only three muster registers and will be required to submit only one core return in lieu of the existing returns prescribed under the various labour laws. Similarly, very small establishments would be allowed to combine the three muster registers into a single register. Further, they would be required to submit only one annual core return in lieu of the existing returns prescribed under the various labour laws. The forms of the registers and returns have been prescribed in the Bill itself.

(4)  However, in view of the special requirements of social security legislation such as, recovery of contribution from employers and employees, their accountability, reimbursement, etc., no exemption has been given in relation to social security legislation. The enactments from which exemption is sought to be given have been mentioned in the Schedule to the Bill.

(5)  The Bill seeks to achieve the above objects.

1.    Short title and commencement—(1) This Act may be called the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988.

(2)  It extends to the whole of India :

Provided that nothing contained in this Act, in relation to the Plantations Labour Act, 1951 (69 of 1951) shall extend to the State of Jammu and Kashmir.

(3)  It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States, and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the coming into force of that provision in that State.

Date of Enforcement.—The Act came into force in the whole of India w.e.f. 1-5-1989 vide Noti. No. G.S.R. 436(E) dated 10-4-1989 (1989 CCL-III-274).

2.    Definitions.—(1) In this Act, unless the context otherwise requires,—

(a)  "employer", in relation to a Scheduled Act, which defines such expression, has the same meaning assigned to it in that Act, and in relation to any other Scheduled Act, means the person who is required to furnish returns or maintain registers under that Act ;

(b)  "establishment" has the meaning assigned to it in a Scheduled Act, and includes,—

(i)  an "industrial or other establishment" as defined in Section 2 of the Payment of Wages Act, 1936 (4 of 1936) ;

(ii)  a "factory" as defined in Section 2 of the Factories Act, 1948 (63 of 1948) ;

(iii) a factory, workshop or place where employees are employed or work is given out to workers, in any scheduled employment to which the Minimum Wages Act, 1948 (11 of 1948), applies;

(iv) a "plantation" as defined in Section 2 of the Plantations Labour Act, 1951 (69 of 1951) ; and

(v) a "newspaper establishment" as defined in Section 2 of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) ;

(c)  "Form" means a Form annexed to this Act ;

(d)  "Scheduled Act" means as Act specified in the Schedule and is in force on the commencement of this Act in the territories to which such Act extends generally, and includes the rules made thereunder ;

(e)  "small establishment" means an establishment in which not less than ten and not more than nineteen persons are employed or were employed on any day of the preceding twelve months ;

(f)  "very small establishment" means an establishment in which not more than nine persons are employed or were employed on any day of the preceding twelve months.

3.    Amendment of certain labour laws.—On and from the commencement of this Act, the Scheduled Acts shall have effect subject to the provisions of this Act.

4.    Exemption from returns and registers required under certain labour laws.(1) On and from the commencement of this Act it shall not be necessary for an employer in relation to any small establishment or very small establishment to which a Scheduled Act applies to furnish the returns or to maintain the registers required to be furnished or maintained under that Scheduled Act :

Provided that such employer,—

(a) furnishes, in lieu of such returns, a Core Return in Form A ;

(b)  maintains, in lieu of such registers,—

(i)  registers in Form B, Form C and Form D, in the case of small establishments ; and

(ii) registers in Form D and Form E, in the case of very small establishments :

Provided further that every such employer shall continue to—

(a)  issue wage slips in the Form prescribed in the Minimum Wages (Central) Rules, 1950 made under Sections 18 and 30 of the Minimum Wages Act, 1948 (11 of 1948) and slips relating to measurement of the amount of work done by piece-rated workers required to be issued under the Payment of Wages (Mines) Rules, 1956 made under Sections 13-A and 26 of the Payment of Wages Act, 1936 (4 of 1936) ; and

(b) file returns relating to accidents under Sections 88 and 88-A of the Factories Act, 1948 (63 of 1948) and Sections 32-A and 32-B of the Plantations Labour Act, 1951 (69 of 1951).

(2) Save as provided in sub-section (1), all other provisions of a Scheduled Act, including in particular, the inspection of the registers by, and furnishing of their copies to, the authorities under that Act, shall apply to the returns and registers required to be furnished or maintained under this Act as they apply to the returns and registers under that Scheduled Act.

(3) Where an employer in relation to a small establishment or very small establishment to which a Scheduled Act applies, furnishes returns or maintains the registers as provided in the proviso to sub-section (1), nothing contained in that Scheduled Act shall render him liable to any penalty for his failure to furnish any return or to maintain any register under that Scheduled Act.

5.    Savings.—The commencement of this Act shall not affect,

(a)  the previous operation of any provision of any Scheduled Act or the validity, invalidity, effect or consequence of anything done or suffered under that provision, before the relevant period ;

(b)  any right, privilege, obligation or liability already acquired, accrued or incurred under any Scheduled Act, before the relevant period ;

(c)  any penalty, forfeiture, or punishment incurred or inflicted in respect of any offence committed under any Scheduled Act, before the relevant period ;

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment aforesaid, and any such investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment shall be instituted, continued or disposed of, as the case may be, in accordance with that Scheduled Act.

Explanation.—For the purpose of this section, the expression "relevant period" means the period during which an establishment is or was a small establishment or a very small establishment under this Act.

6.    Penalty.—Any employer who fails to comply with the provisions of this Act, shall, on conviction, be punishable—

(a)  in the case of the first conviction, with fine which may extend to rupees five thousand ; and

(b)  in the case of any second or subsequent conviction, with imprisonment for a period which shall not be less than one month but which may extend to six months or with fine which shall not be less than rupees ten thousand but may extend to rupees twenty-five thousand, or with both.

7.    Power to amend Form.—(1) The Central Government may, if it is of opinion that it is expedient so to do, by notification in the Official Gazette amend any Form and thereupon such Form shall, subject to the provisions of sub-section (2), be deemed to have been amended accordingly.

(2) Any notification issued under sub-section (1) shall be laid before each House of Parliament, if it is sitting as soon as may be after the issue of the notification, and if it is not sitting, within seven days of its re-assembly and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the House of the People, and if Parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder.

8. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty :

Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President.

THE SCHEDULE

[See Section 2(l)(d)]

(1)  The Payment of Wages Act, 1936 (4 of 1936).

(2)  The Weekly Holidays Act, 1942 (18 of 1942).

(3)  The Minimum Wages Act, 1948 (11 of 1948).

(4)  The Factories Act 1948 (63 of 1948).

(5)  The Plantations Labour Act, 1951 (69 of 1951).

(6)  The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of  1955).

(7)  The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970).

(8)  The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976).

(9)  The Equal Remuneration Act, 1976 (25 of 1976).

Form A

[See Section 4(1) proviso (a)]

Core Return

RETURN FOR THE YEAR ENDING 31ST DECEMBER

(To be furnished on or before the 15th February of the succeeding year by small establishments and very small establishments)

1.  (a) Name and postal address of the establishment.

(b)  Name and residential address of the employer.

(c)  Name and residential address of the Manager or person responsible for supervision and control of the establishment.

(d) Name of the principal employer in the case of a contractor's establishment,

(e) Date of commencement of the establishment.

Nature of Operation/Industry/Work Carried on

2.  (a) Number of days worked during the year.

(b)  Number of man-days worked during the year.

(c)  Daily hours of work.

(d)  Day of weekly holiday.

3.  (a) Average number of persons employed during the year.

(i) Males.

(ii) Females.

(iii) Adolescents (those who have completed 14 years but have not completed 18 years of age),

(iv) Children (those who have not completed 14 years of age).

(b)  Maximum number of workers employed on any day during the year.

(c)  Number of workers discharged, dismissed, retrenched or whose services were terminated during the year.

4.  Rates of wages—category wise:

(1) Males (2) Females (3) Adolescents (4) Children

5.  Gross wages paid :

(a) in cash;

(b) in kind.

6.  Deductions:

(a) Fines.

(b) Deductions for damage or loss.

(c) Other deductions.

7. Number of workers who were granted leave with wages during the year.

8. Nature of welfare amenities provided : Statutory (specify the statute).

9. Does the establishment carry out any hazardous process or dangerous operation coming within the meaning of the Factories Act, 1948. If so, give particulars.

10. Number of Accidents :

(a)  Fatal.

(b)  Non-fatal.

11. Nature of safety measures provided as required under the Factories Act, 1948.

Date ..........................

Signature of the Employer with full name in capitals

Place..........................  

 

 

Form B

[See Section 4(1) proviso (b)(i)]

Register of Wages required to be maintained by Small Establishments

(To be maintained within seven days of the expiry of the wage period)

Name of establishment......................Name and address of employer...........

Address (Local)...............................Nature of work........................

(Permanent) ....................................wage period..................................

SL.
No.
Name of the
employee
Sex Designation Classification
whether
permanent/temporary/
casual/part-time or
any other
Father's or
husband's name
Total days
number of units
worked
1 2 3 4 5 6 7



 

WAGES EARNED

Basic wages

Dearness
allowance
Overtime Bonus or ex
gratia
Maternity
benefits
Gratuity Any other
allowance
Total
amount
Statutory
minimum rate
Actual
8 9 10 11 12 13 14 15 16
 

DEDUCTIONS

Advances Fines due to
damage or loss by
neglect or default

Provident Fund

Employees' State Insurance

Employers'
contribution
Employees'
contribution
Employers'
contribution
Employees'
contribution

17

18

19

20

21

22

DEDUCTIONS

Other deduc-
tions indicat-
ing the nature

Total
deductions

Net amount payable

Signature or
thumb-
impression of
employee with
date

Signature of
Inspector with
date

Remarks
23 24

25

26

27

28

Form C

[See Section 4(1) proviso (b)(i)]

Muster-Roll to be maintained by small establishments

Name of establishment...............Name and address of the employer.................
Address (Local)............................
(Permanent)..................Wage period.................

Sl. No. Name of the employee Date of employment Permanent address

Age or date
of birth

1 2 3 4 5
         
         
Father's or
husband's
name
For the period ending
....... Number of
units of work
done during
Total attendance Total overtime
worked1
Total production
in case of
piece-rated
workers2
6 7 8 9 10
         
Compensatory rest3      
Brought forward
from previous wage
period
Given during the wage
period
Signature of Inspector
with date
Remarks
11 12 13 14

Form D

[See Section 4(1) proviso (b)(i) and (ii)]

Monthly Register showing welfare amenities to be maintained by small
establishments and very small establishments

Name and address of the
employer...............
Address of the establishment :
Local/Permanent
For the month of . ..................
............

Sl.
No

Name of the
employee

Sex

Designation

Weekly day of
rest

Dates of holidays for festivals
or similar other occasions

1 2 3 4 5 6
           
           

Name of casual leave
availed by the employee

Quantum of annual leave
with wages

Whether welfare amenities provided for

Due

Availed Rest-room Drinking-water

First aid

7 8 9 10 11 12
           
Whether Scheduled Caste/Scheduled Tribe, Handicapped, or any other particular category Signature of the employer or his agent Remarks of the
Inspecting Officer
Signature of
Inspector with code
13 14 15 16

Form E

[See Section 4(1) proviso (b)(ii)]

Monthly Register of muster roll-cum-wages required to be
maintained by very small establishments

Year..............................
Month...........................
or Wage period . . .....................................
(where different).............................

Name of establishment...........

Name of employee......................................Father's name.................................

Nature of Work...........Rate of wages......................

Wage period...................................Date of employment.....................................

Date Hours of work Interval for Rest and Meat Hours
worked
with the
Employer
Overtime Casual or sickness leave availed during the month/wage period.
From To  From To   Hours worked Wages earned
1 2 3 4 5 6 7 8 9

 

Privilege Leave

Signature
of the
employer

Remarks of
the employer

Remuneration due

Leave
due

Leave availed

Balance

Basic salary
or wage

Over-
time

Other allowances, if any

Total

10 11 12 13 14 15 16 17 18
 

Fines and
deductions on
account of
damage or loss
by neglect or
default

Deduction

other
deductions

Advance paid, if any

Net amount of payment

 

Date of payment

Signature or thumb impression of the employee

Signature of Inspector with remarks, if any, and date

Date

Amount

Total

19 20 21 22 23 24 25 26 27
 

 

         

 

 

1. Omitted Ked by Act 51 of 1970.

2. Ins. by Act 4 of 1986 (w.e.f. 15-5-1986).

1. Received the assent of the President on Sept. 24, 1988, and published in the Gaz. of India, Extra., Pt. II, S. 1, dt. Sep. 27,1988.