Chapter 3(F) Weekly Holidays Act, 1942 – CS Professional Labour Laws and Practice Notes is designed strictly as per the latest syllabus and exam pattern.
Weekly Holidays Act, 1942 – CS Professional Labour Laws and Practice Study Material
Question 1.
What is the rationale for enacting Weekly Holidays Act, 1942?
Answer:
- The Weekly Holidays Act was passed in the year 1942.
- It is applicable to whole of India.
- The objective of Weekly Holidays Act is to provide weekly holidays to persons employed in shops, restaurants and theatres.
- The Act is not applicable to the persons employed in a confidential capacity or in a position of management
- Employees in the aforementioned establishments are entitled for one holiday in a week with wages under this Act.
- State Government can additionally give half day leave in a week under this Act.
Question 2.
What is the provision of additional half day holiday?
Answer:
- Section 5 empowers the State Government to provide for additional half-day closing or holiday by notification in the Official Gazette.
- The State Government may fix different hours for different shops or different classes of shops or for different areas or for different times of the year.
- The weekly day on which a shop is closed shall be displayed in a conspicuous place in the shop.
- Such notice shall not be altered by the shop-keeper more often than once in 3 months.
Question 3.
What are the provisions regarding no deduction to be made from wages of persons employed in shops, restaurants and theatres?
Answer:
- Section 6 prohibits any deduction or abatement of the wages of any person employed in an establishment to which this Act applies 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 provisions of the Act.
- This provision is applicable even if such person is employed on the basis that he would not ordinarily receive wages for such day or part of a day.
Question 4.
What are the powers of Inspector as per Weekly Holidays, 1942?
Answer:
- Enter and remain in any establishment to which this Act
- Examine any such establishment and of any record, register or notice maintained
- Exercise such other powers as may be necessary for carrying out the purposes of this Act
Weekly Holidays Act, 1942 Notes
Objective and Applicability of Act
- The Weekly Holidays Act was passed in the year 1942.
- The objective of Weekly Holidays Act is to provide weekly holidays to persons employed in shops, restaurants and theatres.
- It is applicable to whole of India.
- The Act is not applicable to the persons employed in a confidential capacity or in a position of management
- Employees in the aforementioned establishments are entitled for one holiday in a week with wages under this Act.
- State Government can additionally give half day leave in a week under this Act.
No deduction to be made from wages of persons employed in shops, restaurants and theatres.
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 provisions of the Act.
This provision is applicable even if such person is employed on the basis that he would not ordinarily receive wages for such day or part of a day.
Weekly Holidays
Section 4 of the Act states that 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.
But this mandatory provision of weekly holiday is not applicable to
- any person whose total period of employment in the week including any days spent on authorized leave is less than six days or
- a person who is entitled to an additional holiday or
- a person employed in a shop who has been allowed a whole holiday on the day on which the shop has remained dosed in pursuance of Section 3.
Additional half-day closing or holiday
Section 5 specifies the power of the State Government to notify additional half-day closing or holiday. 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 specified by the State Government and, in respect of theaters 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.
No deduction or abatement to be made from wages
Section 6 prohibits any deduction or abatement of the wages of any person employed in an establishment to which this Act applies 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. This provision is applicable even if such person is employed on the basis that he would not ordinarily receive wages for such day or part of a day.
Despite of any such condition of employment, he shall nonetheless be paid for such a 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.
Inspectors
Section 7 mentions about the authority of the State Government to appoint Inspectors for the purpose of the Act. According to this section, 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 such person. 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 1860.
Powers of Inspectors
Section 8 of the Act states that 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 a may be necessary for carrying out the purposes of this Act.
Penalties
According to section 9 of the Act, the proprietor or other person responsible for the management of the establishment 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 for the following contravention in respect of that establishment:
- the provisions of Section 3, or Section 4,
- requirement imposed by notification under Section 5, or
- Section 6, or
- the rules made under clause (c) sub-section (2) of Section 10.
Powers of Exemption and Suspension
According to Section 11 of the Act, 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 the Act.