1(Tamil Nadu) Shops and Establishments Act, 1947*
| 2[Tamil Nadu Act No. 36 of 1947]2 | [10th February, 1948] |
An Act to provide for the regulation of conditions of work in shops, commercial establishments, restaurants, theatres and other establishments, and for certain other purposes
Whereas it is expedient to provide for the regulation of conditions of work in shops, commercial establishments, restaurants, theatres and other establishments and for certain other purposes; It is hereby enacted as follows:-
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 7th January, 1947, Part IV-A, pages 12-13.
This Act was extended to the Merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949), with effect from the 1st January, 1950.
This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by sect ion 3 of, and the Schedule to the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1957 (Tamil Nadu Act XXII of 1957).
This Act came into force-
(i) in the City of Madras, in all municipalities constituted under the Tamil Nadu District Municipalities Act, 1920 and in all major panchayats constituted under the Tamil Nadu District Boards Act, 1920 (now the panchayats constituted under the Tamil Nadu Panchayats Act, 1958) on the 1st April, 1948;
(ii) in the following areas on the 15th June, 1948;-
Podanur, Perianaickenpalayam, Vallaikinar, Madukkarai ..
In the Coimbatore district.
Ramjinagar, Dalmiapuram .. ..
In the Tiruchirappalli district.
Mettur .. .. .. ..
In the Salem district.
Chromepet, Pallavaram .. ..
In the Chingleput district.
(iii) in the Pudukkottai municipality and in all major panchayats in the State constituted under the Tamil Nadu District Boards Act, 1920 (now the panchayats constituted under the Tamil Nadu Panchayats Act, 1958) on the 1st September, 1949.
In relation to any relief undertaking declared under section 3 of the Tamil Nadu Relief Undertakings (Special Provisions) Act, 1969 (Tamil Nadu Act 21 of 1969), this Act shall not apply or shall apply with such modification, addition or omission as may be specified by the Government in a notification issued under section 4 of the said Act.
* Received the assent of the Governor-General on the 2nd February, 1948; first published in the Fort St. George Gazette on the 10th February, 1948
1. Short title, extent and commencement.- (1) This Act may be called the 1[Tamil Nadu] Shops and Establishments Act, 1947.
(2) It extends to the whole of the 2[State of Tamil Nadu].
(3) 3[(a) It shall come into force in the following areas on such date as the State Government may, by notification, appoint:-
(i) the City of Madras;
(ii) all the municipalities constituted under the 1[Tamil Nadu] District Municipalities Act, 1920, and 1[Tamil Nadu] Act V of 1920
(iii) all areas within the jurisdiction of panchayats which under rule 2 of Schedule III to the 1[Tamil Nadu] Village Panchayats Act, 1950 1([Tamil Nadu] Act X of 1950) *, should be deemed to be constituted under that Act, and which, immediately before the commencement of that Act, were classified by the State Government as major panchayats and all areas within the jurisdiction of panchayats constituted or reconstituted under that Act which, for the time being, are classified by the State Government as Class X panchayats under section 5(1)(a) of that Act].
(b) The 1[State] Government may, by notification direct that all or any of the provisions of this Act shall come into force in any other area on such date as may be specified in such notification.
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 This expression was substituted for the expression "State of Madras" by ibid.
3 This clause was substituted for the original clause by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1952 (Tamil Nadu Act XI of 1952) and was deemed to have come into force on the 1st April, 1951.
* Now the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958).
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
Chapter-I - Preliminary
CHAPTER I
Preliminary
2. Definitions.- In this Act, unless there is anything repugnant in the subject or context-
(1) "child" means a person who has not completed fourteen years;
(2) "closed" means not open for the service of any customer or open to any business connected with the establishment;
(3) "commercial establishment" means an establishment which is not a shop but which carries on the business of advertising, commission, forwarding or commercial agency, or which is a clerical department of a factory or industrial undertaking or which is an insurance company, joint stock company, bank, brokers' office or exchange and includes such other establishment as the 1[State] Government may by notification declare to be a commercial establishment for the purposes of this Act;
(4) "day" means the period of twenty-four hours beginning at midnight:
Provided that in the case of a person employed, whose hours of work extend beyond midnight, day means the period of twenty-four hours beginning from the time when such employment commences;
(5) "employer" means a person owning, or having charge of, the business of an establishment and includes the manager, agent or other person acting in the general management or control of an establishment;
(6) "establishment" means a shop, commercial establishment, restaurant, eating-house, residential hotel, theatre or any place of public amusement or entertainment and includes such establishment as the 1[State] Government may by notification declare to be an establishment for the purposes of this Act;
2[(7) "factory" means any premises which is a factory within the meaning of the Factories Act, 1948;]’
(8) "Inspector" means an Inspector appointed under section 42;
(9) "notification" means a notification in the Fort St. George Gazette;
(10) "opened" means opened for the service of any customer;
(11) "periods of work" means the time during which a person employed is at the disposal of the employer;
(12) "person employed" means-
(i) in the case of a shop, a person wholly or principally employed therein in connexion with the business of the shop;
(ii) in the case of a factory or an industrial undertaking, a member of the clerical staff employed in such factory or undertaking;
(iii) in the case of a commercial establishment other than a clerical department of a factory or an industrial undertaking, a person wholly or principally employed in connexion with the business of the establishment, and includes a peon;
(iv) in the case of a restaurant or eating-house, a person wholly or principally employed in the preparation or the serving of food or drink or in attendance on customers or in cleaning utensils used in the premises or as a clerk or cashier;
(v) in the case of a theatre, a person employed as an operator, clerk, door-keeper, usher or in such capacity as may to specified by the 1[State] Government by general or special order;
(vi) in the case of an establishment not falling under paragraphs (i) to (v) above, a person wholly or principally employed in connexion with the business of the establishment, and includes a peon;
(vii) in the case of all establishments, a person wholly or principally employed in cleaning any part of the premises; but does not include the husband, wife, son, daughter, father, mother, brother or sister of an employer who lives with and is dependent on such employer;
(13) "prescribed" means prescribed by rules made under this Act;
(14) "residential hotel" means any premises in which business is carried on bona fide for the supply of dwelling accommodation and meals on payment of a sum of money to a traveller or any member of the public or class of the public;
(15) "restaurant" or "eating-house" means any premises in which is carried on wholly or; principally the business of the supply of refreshments or meals to the public or a class of the public for consumption on the premises but does not include a restaurant attached to a theatre;
(16) "shop" means any premises where any trade or business is carried on or where services are rendered to customers and includes offices, storerooms, godown and warehouses, whether in the same premises or otherwise, used in connexion with such business but does not include a restaurant, eating-house or commercial establishment;
(17) "theatre" includes any place intended principally or wholly for the representation of moving pictures or for dramatic performances;
(18) "wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the, contract of employment, express or implied, were fulfilled, be payable, whether conditionally upon the regular attendance, good work or conduct or other behavior of the person employed or otherwise, to a person employed in respect of his employment or of work done in such employment, and includes any bonus or other additional remuneration of the nature aforesaid which would be so payable and any sum payable to such person by reason of the termination of his employment, but does not include-
(a) the value of any house-accommodation, supply of light, water, medical attendance or other amenity, or of any service excluded by general or special order of the 1[State] Government;
(b) any contribution paid by the employer to any pension fund or provident fund;
(c) any travelling allowance or the value of any travelling concession;
(d) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or
(e) any gratuity payable on discharge;
(19) "week" means a period of seven days beginning at midnight on Saturday;
(20) "young person" means a person who is not a child and has not completed seventeen years.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
2 This clause was substituted for original clause (7) by section 3(1) of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951).
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
3. References to time of day.- References to time of day this Act are references to Indian Standard Time which is five and a half hours ahead of Greenwich Mean Time.
4. Exemptions.- (1) Nothing contained in this Act shall apply to-
(a) persons employed in any establishment in a position of management;
(b) persons whose work involves travelling and persons employed as canvassers and caretakers;
(c) establishments under the Central and 1[State] Governments, local authorities, the Reserve. Bank of India, 2[* * *] 3[a railway administration, operating any railway as defined in clause (20) of article 366 of the Constitution] and cantonment authorities;
(d) establishments in mines and oil-fields;
(e) establishments in bazaars in places where fairs or festivals are held temporarily for a period not exceeding fifteen days at a time;
(f) establishments which, not being factories within the meaning of 1[the Factories Act, 1948,] (Central Act LXIII of 1948) are, in respect of matters dealt with in this Act, governed by a separate law for the time being in force in the 2[State].
(2) Nothing contained in section 7 or section 13, as the case may be, shall apply to-
(a) hospitals and other institutions for the treatment or care of the sick, the infirm, the destitute or the mentally unfit;
(b) such chemists' or druggists' shops as the 3[State] Government may, by general or special order, specify;
(c) clubs and residential hotels, hostels attached to schools or colleges, and establishments maintained in boarding schools in connexion with the boarding and lodging of pupils and resident masters;
(d) stalls and refreshment rooms at railway stations, docks, wharves or ports.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
2 The words "the Federal Railway Authority" were omitted by the Adaptation (Amendment) Order of 1950.
3 These words, brackets and figures were substituted for the words "a railway administration operating a Federal) Railway" by ibid.
1 These words and figures were substituted for the words and figures "the Factories Act, 1934" by section 3(1) of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951).
2 This word was substituted for the word "Province" by the Adaptation Order of 1950.
3 This word was substituted for the word "Provincial" by ibid.
5. Power of Government to apply Act to exempted persons or establishments.- Notwithstanding anything contained in section 4, the 3[State] Government may, by notification, apply all or any of the provisions of this Act to any class of persons or establishments mentioned in that section, other than those mentioned in clauses (c) and (f) of sub-section (1), and modify or cancel any such notification.
3 This word was substituted for the word "Provincial" by ibid.
6. Exemptions.- The 3[State] Government may, by notification, exempt either permanently or for any specified period, any establishment or class of establishments, or person or class of persons, from all or any of the provisions of this Act, subject to such conditions as the 3[State] Government deem fit.
3 This word was substituted for the word "Provincial" by ibid.
Chapter-II - Shops
CHAPTER II
Shops
7. Opening and dosing hours of shops.- (1) Save as provided by or under any other enactment for the time being in force, no shop shall on any day be opened earlier or closed later than such hour as may be fixed by the 1[State] Government, by a general or special order in that behalf:
Provided that any customer who was being served or was wailing to be served in any shop as the hour fixed for its closing may be served during the quarter of an hour immediately following such hour.
(2) Before passing an order under sub-section (1), the 1[State] Government shall hold an inquiry in the prescribed manner.
(3) The 1[State] Government may, for the purposes of this section, fix different hours for different shops or different classes of shops or for different ares or for different times of the year.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
8. Selling outside shops prohibited after closing hour.- Save as provided by or under any other enactment for the time being on force, no person shall carry on, in or adjacent to a save or public place, the sale of any goods after the hour fixed Under section 7 for the closing of shops dealing in the same class 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 newspapers.
9. Daily and weekly hours of work in shops.- (1) Subject to the provisions of this Act, no person employed 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:
Provided that any such person may be allowed to work in such shop for any period in Excess of the limit fixed under this sub-section subject to payment of overtime wages, if the period of work including overtime work, does not exceed ten hours in any day and in the aggregate fifty-four hours in any week.
(2) No person employed in any shop shall be required or allowed to work therein for more than four hours in any day unless he has had an interval for rest of at least one hour.
10. Spread over of periods of work.- The periods of work of a person employed 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.
11. Closing of shops and grant of holidays.- (1) Every shop shall remain entirely closed on one day of the week which day shall be specified by the shopkeeper in a notice permanently exhibited in a conspicuous place in the shop; and the day so specified shall not be altered by the shopkeeper more often than once in three months.
(2) Every person employed in a shop shall be allowed in each week a holiday of one whole day:
Provided that nothing in this sub-section shall apply to any person whose total period of employment in the week, including any day spent on authorized leave, is less than six days, or entitle a person who has been allowed a whole holiday on the day on which the shop has remained closed in pursuance of sub-section (1), to an additional holiday.
(3)(a) The 1[State] Government may, by notification, require in respect of shops or any specified class of shops that they shall, in addition to the day provided for by sub-section (1), be closed at such hour in the afternoon of one week-day in every week at such hour as may be fixed by the 1[State] Government.
(b) Every person employed in any shop to which a notification under clause (a) applies, shall be allowed in each week an additional holiday of one half day commencing at the hour in the afternoon fixed for the closing of the shop under clause (a).
(4) The 1[State] Government may, for the purpose of sub-section (3), fix different hours for different shops or different classes of shops or for different areas or for different times of the year.
(5) The weekly day on which a shop is closed in pursuance of a requirement under sub-section (3) shall be specified by the shopkeeper 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 shall be made from the wages of any person employed in a shop on account of any day or part of a day on which it has remained closed or a holiday has been allowed in accordance with this section; 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 shop not remained closed, or had the holiday not been allowed, on that day or part of a day.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
Chapter-III - Establishments other than Shops
CHAPTER III
Establishments other than Shops
12. Application of this Chapter to establishments other than shops.- The provisions of this Chapter shall apply only to establishments other than shops.
13. Opening and losing hours.- (1) Save as provided by or under any other enactment for the time being in force, no establishment shall on any day be opened earlier or closed later than such hour as may be fixed by the 1[State] Government by general or special order in that behalf:
Provide 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 immediately follower such hour
(2) Before passing an order under sub-section (1), the 1[State] Government shall make an inquiry ??? Prescribed manner.
(3) The 1[State] Government may, for the purposes of this section ??? hours for different ??? or classes of establishments or for different areas or for different times of the year.
1 This word was substitute for the word "Provincial" by the Adaptation Order of 1950.
14. Daily and weekly hours of work.- (1) Subject to the provisions of this Act, no person employee in any ??? shall be required or ??? than eight hours in any ??? and ??? in any week:
Provided that any such person may be allowed to work in such ??? for any period in excess of ???? sub-section subject to payment of over ??? the period of work, deluding ??? no exceed ten hours in any day and ??? the abrogate fifty-four hours in any week.
(2) No person employed in any establishment shall be required or ??? to work in such establishment for more than, four hours in any day unless he has had ??? of least one hour.
15. Spread over of periods of work.- The periods of work of a person employed in an establishment shall be so arranged that along with his intervals for rest, they shall not spread over more than twelve hours in any day.
16. Holidays.- (1) Every person employed in any establishment shall be allowed in each week a holiday of one whole day:
Provided that nothing in this sub-section shall apply to any person whose total period of employment in the week, including any days spent on authorized leave is less than six days.
(2) The 1[State] Government may, by notification, require in respect of any establishment or any specified class of establishments, that every person employed therein shall be allowed in each week all additional holiday of one half-day commencing at such hour in the afternoon as may be fixed by the 1[State] Government.
(3) The 1[State] Government may, for the purpose of sub-section (2), fix different hours for different establishments or different classes of establishments or for different areas or for different times of the year.
(4) No deduction shall be made from the wages of any person employed in an establishment on account of any day or part of a day on which a holiday has been allowed in accordance with this section; 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 holiday not been allowed on that day or part of a day.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
Chapter-IV - Employment of Children and Young Persons
CHAPTER IV
Employment of Children and Young Persons
17. Children not to work in establishments.- No child shall be required or allowed to work in any establishment.
18. Young persons to work only between 6 a.m. and 7 p.m.- No young person shall be required or allowed to work in any establishment before 6 a.m. and after 7 p.m.
19. Daily and weekly hours of work for young persons.- Notwithstanding anything contained in this Act, no young person shall be required or allowed to work in any establishment for more than seven hours in any day and forty-two hours in any week nor shall such person be allowed to work overtime.
Chapter-V - Health and Safety
CHAPTER V
Health and Safety
20. Cleanliness.- The premises of every establishment shall be kept clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleansed at such times and by such methods as may be prescribed; and these methods may include lime washing, color washing, painting, varnishing, disinfecting and deodorizing.
21. Ventilation.- The premises of every establishment shall be ventilated in accordance with such standards and by such methods as may be prescribed.
22. Lighting.- (1) The premises of every establishment shall be sufficiently lighted during all working hours.
(2) If it appears to an Inspector that the premises of any establishment within his jurisdiction is not sufficiently lighted or ventilated, he may serve on the employer an order in writing specifying the measures which, in his opinion, should, be adopted and requiring them to be carried out before a specified date.
23. Precautions against fire.- In every establishment, such precautions against fire shall be taken as may be prescribed.
24. Appeals.- Against any order of the Inspector under this, Chapter, an appeal shall lie to such authority and within such time as may be prescribed; and the decision of the appellate authority shall be final.
Chapter-VI - Holidays with wages
CHAPTER VI
Holidays with wages
25. Holidays and sick leave.- (1) Every person employed in any establishment shall be entitled, after twelve months' continuous service, to holidays with wages for a period of 12 days, in the subsequent period of twelve months, provided that such holidays with wages may be accumulated upto a maximum period of twenty-four days.
Explanation.- For the purposes of this sub-section any continuous period of service preceding the date on which this Act applies to any establishment shall also count, subject to a maximum period of twelve months.
(2) Every person employed in any establishment shall also be entitled during his first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service, (a) to leave with wages for a period not exceeding 12 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 12 days on any reasonable ground.
(3) If a person entitled to any holiday under sub-section (1) is discharged by his employer before he has been allowed the holidays, or if having applied for and been refused the holidays, he quits his employment before he has been allowed the holidays, the employer shall pay him the amount payable under this Act in respect of the holidays.
(4) If a person entitled to any leave under sub-section (2) is discharged by his employer when he is sick or suffering from the result of an accident, the employer shall pay him the amount payable under this Act in respect of the period of the leave to which he was entitled at the time of his discharge in addition to the amount, if any, payable to him under sub-section (3).
(5) A person employed shall be deemed to have completed a period of twelve months' continuous service within the meaning of this section, notwithstanding any interruption in service during those twelvemonths brought about (i) by sickness, accident, or authorized leave (including authorized holidays), not exceeding ninety days in the aggregate for all three; or (ii) by a lock-out; or (iii) by a strike which is not an illegal strike; or (iv) by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate; and authorized leave shall be deemed not to include any weekly holiday or half holiday allowed under this Act which occurs at the beginning or end of an interruption brought about by the leave.
(6) A person employed in a hostel attached to a school or college or in an establishment maintained in a boarding school in connexion with the boarding and lodging of pupils and pupils masters shall be allowed the privileges referred to in sub-sections (1) to (5), reduced however proportionately to the period for which he was employed continuously in the previous year or to the period for which be will be employed continuously in the current year, as the case may be; and all references to periods of holidays or of leave in sub-sections (1) and (2) shall be construed accordingly, fractions of less than one day being disregarded.
(7) The 1[State] Government shall have power to issue directions as to the manner in which the provisions of sub-section (6) shall be carried into effect in all or any class of cases or in any particular case.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
26. Pay during annual holidays.- Every person employed shall, for the holidays, or the period of the leave allowed under sub-section, (1) or (2) of section 25, be paid at a rate equivalent to the daily average of his wages for/the days on which he actually worked during the preceding three months exclusive of any earnings in respect of overtime.
27. Power to increase the number of holidays.- Notwithstanding anything contained in section 25, the 1[State] Government may, by notification, increase the total number of annual holidays and the maximum number of days up to which such holidays may be accumulated in respect of any establishment or class of establishments.
1 This word was substituted for the word "provincial" by the Adaptation Order of 1950.
28. Power of Inspector to act for person employed.- Any Inspector may institute proceedings on behalf of any person employed to recover any sum required to be paid under this Chapter by an employer which he has not paid.
Chapter-VII - Wages
CHAPTER VII
Wages
29. Responsibility for payment of wages.- Every employer shall be responsible for the payment persons employed by him of all wages and same required to be paid under this Act.
30. Fixation of wage period.- (1) Every employer shall fix periods (in this Act referred to as wage periods) in respect of which such wages shall be payable.
(2) No wage period shall exceed one month.
31. Wages for overtime work.- Where any person employed in any establishment required to work overtime, he shall be entitled, in respect of such overtime work, to wages at twice the ordinary rate of wages.
Explanation.- For 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.
32. Time of payment of wages.- (1) The wages of every person employed shall be paid before the expiry of the fifth day after the last day of the wage period in respect of which the wages are payable.
(2) Where the employment of any person is terminated by or on behalf of the employer, the wages earned by such person shall be paid before the expiry of the second working day from the day on which his employment is terminated.
(3) The 1[State] Government may, by general or special order, exempt an employer from the operation of this section in respect of the wages of any person employed or class of persons employed, to such extent and subject to such conditions as may be specified in the order.
(4) All payments of wages shall be made on a working day.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
33. Wages to be jdaipn currcetcoin or nurreney notes.- All wages shall be paid in current coin or currcncy notes or in both.
34. Deductions which may be made from wages.- (1) The wages of a person employed shall be paid to him without deductions of any kind except those authorized by or under this Act.
Explanation.- Every payment made by a person employed to the employer shall, for the purposes of this Act, be deemed to be a deduction from wages.
(2) Deductions from the wages of a person employed shall be made only in accordance with the provisions of this Act, and may be of the following kinds only, namely:-
(a) fines;
(b) deductions for absence from duty;
(c) deductions for damage to, or loss of, goods expressly entrusted to the employed person for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;
(d) deductions for house accommodation supplied by the employer;
(e) deductions for such amenities and services supplied by the employer as the 1[State] Government may, by general or special order, authorize;
(f) deductions for recovery of advances or for adjustment of overpayments of wages;
(g) deductions of income-tax payable by the employed person;
(h) deductions required to be made by order of a Court or other authority competent to make such order;
(i) deductions for subscriptions to, and for repayment of advances from, any provident fund to which the Provident Funds Act, 1925 (Central Act XIX of 1925), applies or any recognized provident fund as defined in section 58-A of the Indian Income-tax Act, 1922* (Central Act XI of 1922), or any provident fund approved in this behalf by the 1[State] Government during the continuance of such approval;
(j) deductions for payments to co-operative societies approved in this behalf by this 1[State] Government or to a scheme of insurance maintained by the Indian Post Office or by any insurance company approved in this behalf by the 1[State] Government;
(k) deductions made with the written authorization of the employed person in furtherance of any savings scheme approved by the 1[State] Government for the purchase of securities of the Central or 1[State] Government.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
* See now section 2(38) of the Income-tax Act, 1961 (Central Act 43 of 1961).
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
35. Fines.- (1) No fine shall be imposed on any person employed save in respect of such acts and omissions on his part as the employer, with the previous approval of the 1[State] Government or of the prescribed authority, may have specified by notice under sub-section (2).
(2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on.
(3) No fine shall be imposed on any person employed until he has been given an opportunity of showing cause against the fine, or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines.
(4) The total amount of fine which may be imposed in any one wage period on any person employed shall not exceed an amount equal to 2[three percent] of the wages payable to him in respect of that wage period.
(5) No fine shall be imposed on any person employed who has not completed his fifteenth year.
(6) No fine imposed on any person employed shall be recovered from him after the expiry of sixty days from the day on which it was imposed.
(7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.
(8) All fines and all realizations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed; Aid all such realizations shall be applied only to such purposes beneficial to the persons employed in the establishment as are approved by the prescribed authority.
Explanation.- When the persons employed are part, only of a staff employed under the same management, all such realizations may be credited to a common fund maintained for the staff as a whole, provided Hut the fund shall be applied only to such purposes as are approved by the prescribed authority.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
2 These words were substituted for the words "half an anna in the rupee" by section 2 of, and the Schedule to, the Tamil Nadu Coinage (Alteration of References) Act, 1960 (Tamil Nadu Act 9 of 1960).
36. Deductions for absence from duty.- (1) Deductions may be made under clause (b) of sub-section (2) of section 34 only on account of the absence of an employed person 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 such deduction shall in no case bear to the wages payable to the employed person in respect of the wage period 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 1[State] Government, if ten or more employed persons acting in concert absent themselves 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 Caruso, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice.
Explanation.- For the purposes of this section, an employed person shall be deemed to be absent from the place where he is required 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.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
37. Deductions for damage or loss.- (1) A deduction under clause (c) of sub-section (2) of section 34 shall not exceed the amount of the damage or loss caused to the employer by the neglect or default of the person employed and shall not be made until the person employed 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 deductions.
(2) All such deductions and all realizations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed.
38. Deductions for services rendered.- A deduction under clause (d) or clause (e) of sub-section (2) of section 34 shall not be made from the wages of a person employed unless the house accommodation, amenity or service has been accepted by him, as a term of employment or otherwise, and suit deduction shall not exceed an amount equivalent the value of the house accommodation, amenity or service supplied and in the case of a deduction under the said clause (e) shall be subject to such conditions as the 1[State] Government may impose.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
39. Deductions far recovery of advances.- Deductions under clause (f) of sub-section (2) of section 34 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 1[State] Government regulating the extent to which such advances may be given and the instalments by which they may be recovered.
1 This word was substituted foe; the word "Provincial" by the Adaptation Order of 1950.
40. Deductions for payments to co-operative societies and insurance schemes.- Deductions under clauses (j) and (k) of sub-section (2) of section 34 shall be subject to such conditions as the 1[State] Government may impose.
1 This word was substituted foe; the word "Provincial" by the Adaptation Order of 1950.
41. Notice of dismissal.- (1) No employer shall dispense with the services of a person employed continuously for a period of not less than six months, except for a reasonable cause and without giving such person at least one month's notice or wages in lieu of such notice, provided, however, that such notice shall not be necessary where the services of such person are dispensed with on a charge of misconduct supported by satisfactory evidence recorded at an inquiry held for the purpose.
(2) The person employed shall have a right to appeal to such authority and within such time as may be prescribed either on the ground that there was no reasonable cause Cor dispensing with his services or on the ground that he had not been guilty of misconduct as held by the employer.
(3) The decision of the appellate authority shall be final and binding on both the employer and the person employed.
Chapter-VIII - Appointment, Powers and Duties of Inspectors
CHAPTER VI
Appointment, Powers and Duties of Inspectors
42. Appointment of Inspectors.- The 1[State] Government may, by notification, appoint such officers of the 1[State] Government or of any local authority as they think fit to be Inspectors for the purposes of this Act, within such local limits as the 1[State] Government may assign to them.
1 This word was substituted foe; the word "Provincial" by the Adaptation Order of 1950.
43. Powers and duties of Inspectors.- Any Inspector may at all reasonable hours enter into any premises, which is, or which he has reason to believe is, an establishment, with such assistants and make such examination of the premises and of the prescribed registers, records or notices as may be prescribed.
44. Inspectors to be public servants.- Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).
Chapter-IX - Penalties for Offences
CHAPTER IX
Penalties for Offences
45. Penalties.- (1) Any employer who contravenes any of the provisions of sections 7, 9 to 11, 13 to 23, 25, 26, 29 to 41, and 47 shall be punishable, for a first offence, with fine which may extend to twenty-five rupees, and for a second or subsequent offence, with fine which may extend to two hundred rind fifty rupees.
(2) Whoever contravenes the provisions of section 8 shall be punishable for a first offence with fine which may extend to ten rupees, and for a second or subsequent offence with fine which may extend to one hundred rupees.
46. Penalty for obstructing Inspector, etc.- Any person, who wilfully obstructs an Inspector in the exercise of any power conferred on him under this Act or any person lawfully assisting an Inspector in the exercise of such power, or who fails to comply with any lawful direction made by an Inspector, shall be punishable with fine which may expend to two hundred and fifty rupees.
Chapter-X - Miscellaneous
CHAPTER X
Miscellaneous
47. Maintenance of registers and records and display of notices.- Subject to the general or special orders of the 1[State] Government, an employer shall maintain such registers and records and display such notices as may be prescribed.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
48. Delegation of power.- (1) The 1[State] Government may, by notification, authorize any officer or authority subordinate to them, to exercise any one or more of the powers vested in them by or under this Act, except the power mentioned in section 49, subject to such restrictions and conditions, if any, as may be specified in the notification.
(2) The exercise of the powers delegated under sub-section (1) shall be subject to control and revision by the 1[State] Government or by such persons, as may be empowered by them in that behalf. The 1[State] Government shall also have power to control and revise the acts or proceedings of any person so empowered.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
49. Power make rules.- (1) The 1[State] Government may make rules to carry out the purposes of this Act.
(2) In making a rule under sub-section (1) the 1[State] Government may provide that a contravention thereof shall be punishable with line which may extend to fifty rupees.
(3) The power to make rules conferred by this section shall be subject to the, condition of the rules being made after previous publication.
(4) All rules made under this section shall be published in the Fort St. George Gazette and on such publication shall have effect as if enacted in this Act.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
50. Rights and privileges under other law, etc., not affected.- Nothing contained in this Act shall affect any rights or privileges which any person employed in any establishment is entitled to, on the date on which this Act comes into operation in respect of such establishment, under any other law, contract, custom or usage applicable to such establishment, if such rights or privileges are more favorable to him than those to which he would be entitled under this Act.
51. Commissioner of Labour to decide certain questions.- If any question arises whether all or any of the provisions of this Act apply to an establishment or to a person employed therein or whether section 50 applies to any case or not, it shall be decided by the Commissioner of Labour and his decision thereon shall be final and shall not be liable to be questioned in any court of law.
52. Power of Government to suspend provisions of the Act during fairs and festivals.- On any special occasion in connexion with a fair or festival or a succession of public holidays, the 1[State] Government may, by notification, suspend for a specified period the operation of all or any of the provisions of this Act.
1 This word was substituted for the word "Provincial" by the Adaptation-Order of 1950.
53. Central Act XVIII of 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 an establishment the Weekly Holidays Act, 1942, (central Act XVIII of 1942) shall cease to apply to such establishment.