117. (1) Every adult worker who has completed

1 (one) year of continuous service in an establishment shall be allowed during the

following period of 12 (twelve) months’ leave with wages for days calculated on the

basis of the works of the preceding 12 (twelve) months at the following rate,

namely:

(a) 1 (one) day for every 18 (eighteen) days of work, in the case of a shop

or commercial or industrial establishment or factory or road

transport establishment;(b) 1 (one) day for every 22 (twenty two) days of work, in the case of tea

plantation;

(c) 1 (one) day for every 11 (eleven) days of work, in the case of a

newspaper worker.

(2) Every adolescent worker who has completed 1 (one) year of continuous

service in an establishment shall be allowed during the subsequent period of 12

(twelve) months’ leave with wages for a number of days calculated for the works of

previous 12 (twelve) months at the following rate, namely:

(a) 1 (one) day for every 15 (fifteen) days of work, in the case of a

factory;

(b) 1 (one) day for every 18 (eighteen) days of work, in the case of a tea

plantation;

(c) 1 (one) day for every 14 (fourteen) days of work, in the case of a shop

or commercial or industrial establishment.

(3) If any holiday occurs into the leave granted under this section shall be

included in such leave.

(4) If a worker does not, in any period of 12 (twelve) months, take the leave

either in whole or in part, to which he is entitled under sub-sections (1) or (2), such

leave shall be added to the leave which he is entitled to in the succeeding period of

12 (twelve) months.

(5) Notwithstanding anything contained in sub-section (4), an adult worker

shall cease to earn any leave under this section, when the earned leave due to him

amounts to

(a) 40 (forty) days in the case of a factory or road transport

establishment;

(b) 60 (sixty) days in the case of a tea plantation or shop or commercial or

industrial establishment.

(6) Notwithstanding anything contained in sub-section (4), an adolescent

worker shall cease to earn any leave under this section when the earned leave due

to him amounts to

(a) 60 (sixty) days in the case of a factory or tea plantation;

(b) 80 (eighty) days in the case of a shop or commercial or industrial

establishment.

(7) If a worker applies for earned leave and is refused by the employer for any

reason, such refused leave shall be added to the credit of such worker beyond the

limit mentioned in sub-section (5) or (6).(8) For the purposes of this section, a worker shall be deemed to have

completed a period of continuous service in an establishment notwithstanding any

interruption in service during that period occurred due to

(a) any holiday;

(b) any leave with wages;

(c) any leave with or without wages due to sickness or accident;

(d) any maternity leave not exceeding 16 (sixteen) weeks;

(e) any period of lay-off;

(f) any legal strike or any illegal lock-out.

100. No adult worker shall ordinarily work or be

required to work in an establishment for more than 8 (eight) hours in a day:

Provided that subject to the provisions of section 108, any such worker may

work in an establishment up to 10 (ten) hours also in a day.

101.(a) work for more than 6 (six) hours in a day, unless he is given an interval of 1 (one) hour for rest or meal during that day;

(b) work for more than 5 (five) hours in a day, unless he is given an interval of half an hour for the said purpose during that day; or

(c) work for more than 8 (eight) hours in a day, unless he is given 1 (one) interval under clause (a) or 2 (two) intervals under clause

(b) for the said purpose during that day2[;]

3[(d) notwithstanding anything contained in this Act, the Government shall, by rules, prescribe the working and rest hours for various factories wherein the workers are engaged in physically hazardous and laborious work including construction, re-rolling, steel-mills, ship breaking and welding.]

102. (1) No adult worker shall ordinarily work or be required to work in an establishment for more than 48 (forty-eight) hours in a week.

(2) Subject to the provisions of section 108, an adult worker may work for more than 48 (forty-eight) hours also in a week: Provided that the total working hours of such worker shall not exceed

60 (sixty) hours in a week, and on the average 56 (fifty-six) hours per week in a year: Provided further that the total additional working hours of a worker employed in a road transport establishment shall not exceed 150 (one hundred and fifty) hours in a year: Provided further that the Government may, in the cases of some particular industries, under conditions imposed by order in writing, relax the provisions of this section or exempt from the provisions of this section at a time for a period of not exceeding 6 (six) months, if it is satisfied that in the public interest or in the interest of economic development such relaxation or exemption is necessary.

103. Every worker employed in an establishment

(a) shall be entitled to 1 (one and a half) day holiday in a week in the case of a shop or commercial establishment or an industrial, establishment and 1 (one) day in a week in the case of a factory and establishment;

(b) shall be entitled to one day of twenty four consecutive hours holiday in a week in the case of road transport establishment, and no deduction shall be made from his wages on account of such holidays1[;]

2[(c) no deduction shall be made from the wages of a worker for any holiday under the aforesaid clauses (a) and (b).] 

104. Where, as a result of the passing of an order or making of a rule under the provisions of this Act exempting an establishment or the workers employed therein from the provisions of section 103, a worker is deprived of any of the weekly holidays provided for in that section, he shall be allowed, as soon as circumstances permit, compensatory holidays of equal number to the holidays so deprived of. 

105. The period of work of an adult worker in an establishment shall be so arranged that inclusive of his interval for rest or meal under section 101 shall not spread over for more than ten hours, but on the basis of the permission given by the Government either generally or specially for any establishment, and subject to such conditions as may be imposed by it, exception may be made to the said provision. 

106. Where the shift work of an adult worker in an establishment extends beyond midnight

(a) for the requirement of section 103, a holiday for a whole day for the worker shall mean 24 (twenty-four) consecutive hours beginning from the end of his shift; and

(b) the following day for him shall mean 24 (twenty-four) consecutive hours beginning from the end of his shift, and the hours he has worked after midnight shall be counted to the hours of his works of the previous day. 

107. No worker shall work or be allowed to work on 1 (one) or more than 1 (one) vehicles in excess of the time permitted under this Act. 

108. (1) Where a worker works for more hours than the hours fixed under this Act in an establishment on any day or in a week he shall, for overtime work, be entitled to allowance at the rate of twice his ordinary rate of basic wage and dearness allowance and ad-hoc or interim wage, if any.

(2) Where any worker is paid on a piece rate basis in an establishment, the employer may, for requirement of this section, in consultation with the representatives of the workers, fix time rates as nearly as possible equivalent to the average rates of earnings of those workers, and the rates so fixed shall be deemed to be the ordinary rates of wages of those workers in this case, 1[but in such cases the provisions of sub-section (1) shall not apply.]

(3) For ensuring compliance with the provisions of this section, the Government may, by rules, prescribe the register to be maintained by an establishment.

109. No woman worker shall, without her consent, be allowed to work in an establishment between 10 O’CLOCK at night and 6 O’CLOCK in the morning. 

110. No adult worker shall be allowed to work in more than 1 (one) establishment on the same day, without permission of the Chief Inspector and on such conditions as may be imposed by him.

111. (1) In every establishment a notice showing the time clearly in writing when the adult workers employed therein are required to work shall be displayed in accordance with the provisions of section 337 and correctly maintained in the establishment.

(2) The time shown in the notice shall be fixed beforehand in accordance with the provisions of this section, and shall be such as the workers working during such time is not be required to work in contravention of the provisions of sections 100, 101, 102, 103 and 105.

(3) Where all the adult workers of an establishment are required to work during the same hours, the employer shall fix those hours generally.

(4) Where all the adult workers of an establishment are not required to work during the same hours, the employer shall divide the workers into groups according to the nature of their work, and fix the number of workers in each group.

(5) For a group which is not required to work on a shift basis, the employer shall fix the time during which that group is required to work.

(6) Where any group is required to work on a shift basis, and the relays are not subject to undetermined periodical changes of shifts, the employer shall fix the time when the relay of each such group is required to work.

(7) Where any group is required to work on a shift basis, and the relays are subject to predetermined periodical changes of shifts, the employer shall draw up a scheme of shifts where the relay of which group is required to work in which time of which day is to be known.

(8) Two copies of the notice of the hours of work under this section shall be sent for approval to the Inspector before the work in an establishment begins.

(9) The Inspector shall return a copy of the notice indicating any modification, if necessary, to the employer within one week of its receipt, and the employer shall immediately comply with the modifications, if any, and shall preserve such approval in the records of the establishment.

(10) If any proposed change in the system of work in an establishment necessitates a change in the notice, 2 (two) copies of the proposed charge shall be sent to the Inspector before such change is made, and no such change shall be made without previous permission of the Inspector.

(11) If a worker attends to work after half an hour of the time fixed for the work of the day, the employer may refuse to employ the worker for the work of that day.

112. (1) No person shall be employed as a driver in a road transport establishment unless he has attained the age of 21 (twenty one) years.

(2) No person shall be employed in such establishment in any other post unless he has attained the age of 18 (eighteen) years. 

113. No adult worker shall work or required to work otherwise than in accordance with the notice under section 111(1) and the entries made beforehand against his name in the register maintained under section 9.

114. (1) Every shop or commercial or industrial establishment shall remain entirely closed for at least 1 (one and a half) day in each week.

(2) The Chief Inspector shall fix which 1 (one and a half) day in which area such establishments shall remain entirely closed: Provided that the Chief Inspector may, from time to time, in the public interest, refix such fixed day for any area.

(3) No shop shall remain open after 8.00 O’CLOCK at night on any day: Provided that if any customer is in a shop for buying such customer may be given an opportunity for buying till 30 (thirty) minutes following such closing hour.

(4) The Government may, in consideration of special circumstances, by notifications in the official Gazette, alter the closing hours of shops in any area in any season on such conditions as may be mentioned in the notice.

(5) The provisions of this section shall not apply to the following cases, namely:

(a) docks, jetty, stations or airports and terminal offices of transport services;

(b) shops dealing mainly in vegetables, meat, fish, dairy products, bread, pastries, sweetmeats and flowers;

(c) shops dealing mainly in medicines, surgical appliances, bandages or other medical requisites;

(d) shops dealing in articles for funerals or cremation;

(e) shops dealing mainly in tobacco, cigars, cigarettes, bidi, pan, ice, newspapers, periodicals and retail shops for selling 1[light] tiffin to be eaten sitting in the shops;

(f) petrol pumps for the retail sale of the petrol and automobile service stations not being repair workshops;

(g) shops of barbers and hair dressers;

(h) any system of public conservancy or sanitation;

(i) any industry, business or establishment which supplies power, light or water to the public;

(j) clubs, hotels, restaurants, catering houses, cinemas or theatres:

Provided that where several trades or business are carried on in the same shop or commercial establishment and the majority of them, by their nature, are eligible to exemption from this section, such exemption shall apply to the entire shop or commercial establishment: Provided further that the Chief Inspector may, by a general or special order, published in the official Gazette, fix the opening and closing hours for any aforesaid establishments or class of establishment.

1[(6) If any shop or commercial establishment mentioned in sub-section (5) exists in a market or shopping mall, the provisions of sub-section (1) shall apply to such shop or establishment.]  

115. Every worker shall be entitled to casual leave for 10 (ten) days with full wages in a calendar year, and if such leave is not availed for any reason, it shall not be accumulated and the leave of any year shall not be availed in the succeeding year: Provided that nothing in this section shall apply to a worker employed in a tea plantation. 

116. (1) Except a newspaper worker, every worker shall be entitled to sick leave with full wages for 14 (fourteen) days in a calendar year.

(2) Every newspaper worker shall be entitled to sick leave with half wages for not less than one-eighteenth of the period of his service.

(3) No such leave shall be granted unless a registered medical practitioner appointed by the employer or, in the absence of such medical practitioner, any other registered medical practitioner, after examination, certifies that the worker is ill and requires leave for treatment or cure for such period as is mentioned in the certificate.

(4) Such leave shall not be accumulated and carried forward to the succeeding years.