S.1 Short title, extent and commencement

       (1) This Act may be called the Tamil Nadu Shops and Establishments Act, 1947.
       (2) It extends to the whole of the1[State] of Madras.
       2[(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 Madras District Municipalities Act, 1920 (Madras Act V of 1920), and
       (iii) all areas within the jurisdiction of panchayats which, under rule 2 of Schedule III to the Madras Village Panchayats Act, 1950 (Madras 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 majo

S.2 Definitions

       In this Act, unlessthere 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 connectedwith the establishment;
       (3) "commercialestablishment" means an establishment which is not a shop but which carrieson the business of advertising, commission, forwarding or commercial agency, orwhich is a clerical department of a factory or industrial undertaking or whichis an insurance company, joint stock company, bank, brokers office or exchangeand includes such other establishment as the State Government may bynotification1 declare to be a commercial establishment for thepurposes of this Act;
       (4) "day"means the period o

S.3 References to time of day

References to time of day in this Act are references to Indian Standard Time which is five and a half hours ahead of Greenwich Mean Time.

S.4 Exemption

       (1) Nothing containedin this Act shall apply to--
       (a) persons employedin any establishment in a position of management;
       (b) persons whose workinvolves travelling; and persons employed as canvassers and caretakers;
       (c) establishmentsunder the Central and 1 [State] Governments, local authorities, theReserve Bank of India, 2 [***] 3 [a railway administrationoperating any railway as defined in clause (20) of article 366 of theConstitution] and cantonment authorities;
       (d) establishments inmines and oil-fields;
       (e) establishments inbazaars in places where fairs or festivals are held temporarily for a period notexceeding fifteen days at a time;
       (f) establishmentswhich

S.5 Power of Government to apply Act to exempted persons or establishments

       Notwithstanding anything contained in section 4, the1[State] Government may, by notification2apply 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.
       _______________________
       1. Substituted for "Provincial "by the Adaptation Order of 1950.
       2. See Appendix.

S.6 Exemptions

       The1[State] Government may, by notification2, 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 1[State] Government deem fit.
       ______________________
       1. Substituted for "Provincial "by the Adaptation Order of 1950.
       2. See Appendix.

S.7 Opening and closing 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 hours as may be fixed by the1[State] Government, by a general or special order2in that behalf:
       Provided that any customer who was being served or was waiting to be served in any shop at 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), the1[State] Government shall hold an inquiry in the prescribed manner.
       (3) The1[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.
      &nb

S.8 Selling outside shops prohibited after closing hour

       Save as provided by or under any other enactment for the time being in force, no person shall carry on, in or adjacent to a street 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.

S.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.

S.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.

S.11 Closing of shops and grand 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 days spent on authorised 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) The1[State] Government may, by notification, require in respect of s

S.12 Application of this chapter of establishments other than shops

The provisions of this Chapter shall apply only to establishments other than shops.

S.13 Opening and closing 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 the1[State] Government by general or special order2in that Behalf:
       Provided 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 the closing may be served during the quarter of an hour immediately following such hour.
       (2) Before passing an order under sub-section (1), the1[State] Government shall make an inquiry in the prescribed manner.
       (3)The1[State] Government may, for the purposes of this section, fix different hours for different establishments or different classes of establishments or for different areas or for differen

S.14 Daily and weekly hours of work

       (1) Subject to the provisions of this Act, no person employed in any establishment shall be required or allowed to work 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 establishment 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 establishment shall be required or allowed to work in such establishment for more than four hours in any day unless he has had an interval for rest of at least one hour.

S.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.

Legal Commentary on Section 15 of the Tamil Nadu Shops and Establishments Act, 1947

Introduction

Section 15 of the Tamil Nadu Shops and Establishments Act, 1947, primarily deals with the regulation of working hours, rest intervals, and conditions of employment within shops and commercial establishments. It aims to ensure the welfare of employees by setting standards for their working conditions and preventing exploitation.

What does Section 15 Say?

While the exact wording of Section 15 is not provided in the sources, it generally pertains to the regulation of working hours, rest intervals, and related conditions of service for employees in shops and establishments under the Act. It mandates that employers must adhere to prescribed working hours and provide adequate rest periods, aligning with the broader objectives of worker protection and welfare.

Essential Ingredients

• Regulation of daily working hours
• Provision of rest intervals during work hours
• Compliance by employers with prescribed standards
• Application to shops and establishments as defined under the Act

Scope of Section 15

Section 15 applies to all shops and establishments covered under the Tamil Nadu Shops and Establishments Act, 1947. It governs the working conditions of employees, including the maximum permissible working hours and mandated rest periods, thereby ensuring a minimum standard of welfare. The scope extends to various types of commercial entities, including restaurants, theatres, and other entertainment venues, as specified in the Act.

Punishment for Section 15

The sources do not specify explicit penal provisions or punishments directly associated with contraventions of Section 15. However, violations typically attract penalties under the general enforcement provisions of the Act, which may include fines or other administrative sanctions for non-compliance.

Legal Comments

• Regulation of Working Hours - Section 15 establishes the framework for regulating daily working hours, emphasizing the importance of limiting excessive work and safeguarding employee health [PRS India].
• Rest Intervals - The section mandates adequate rest intervals, reflecting principles of humane working conditions and preventing exploitation [Lawrbit].
• Employer Compliance - Employers are required to adhere to prescribed standards, and failure to do so may result in penalties under the Act’s enforcement provisions [India Code].
• Protection of Employee Welfare - The section aims to promote employee welfare by ensuring reasonable working hours and rest periods, aligning with the Act’s overarching objectives [iPleaders].
• Scope of Application - The provisions apply uniformly across all covered shops and establishments, ensuring standardization of working conditions .
• Enforcement Mechanism - While specific punishments are not detailed, enforcement is likely through inspections and penalties for violations, as per the general provisions of the Act [Lawrbit].
• Natural Justice and Fair Enforcement - Any enforcement action under Section 15 must conform to principles of natural justice, including fair hearing and evidence-based decisions [E. Chinnappan & Another VS The District Manager Tamilnadu State Marketing Corpn. Ltd. (Chennai Region) & Another].
• Impact on Employment Practices - The section influences employer policies regarding working hours, potentially affecting operational practices and employee satisfaction [PRS India].
• Legal Responsibility of Employers - Employers bear the legal responsibility to comply with Section 15, and non-compliance may lead to legal proceedings or penalties under the Act [iPleaders].
• Judicial Interpretation - Courts have emphasized the importance of concrete evidence and fair procedures in enforcement actions related to employment conditions under this Act [E. Chinnappan & Another VS The District Manager Tamilnadu State Marketing Corpn. Ltd. (Chennai Region) & Another].
• Interrelation with Other Sections - Section 15 works in conjunction with other provisions of the Act concerning wages, hours, and employee welfare, forming a comprehensive regulatory framework [India Code].
• Policy Objective - The overarching policy is to balance commercial interests with employee welfare, preventing exploitation and promoting fair labor practices [Lawrbit].
• Scope for Amendments - The provisions may be subject to amendments to adapt to changing industrial and employment conditions, as per government notifications .

This legal commentary synthesizes the available sources to provide a comprehensive understanding of Section 15 of the Tamil Nadu Shops and Establishments Act, 1947.

S.16 Holidays

       (1) Every person employed in an 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 authorised leave, is less than six days.
       (2) The1[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 an additional holiday of one half day commencing at such hour in the afternoon as may be fixed by the1[State] Government.
       (3) The1[State] Government may, for the purposes of sub-section (2), fix different hours for different establishments or different classes of establishments or for different areas or for different t

S.17 Children not to work in establishments

       No child shall be required or allowed to work in any establishment.

S.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.

S.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.

S.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, colour washing, painting, varnishing, disinfecting and deodorising.

S.21 Ventilation

The premises of every establishment shall be ventilated in accordance with such standards and by such methods as may be prescribed.

S.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.

S.23 Precaustions against fire

In every establishment, such precautions against fire shall be taken as may be prescribed.

S.24 Appeal

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.

S.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

Legal Commentary on Section 25 of the Tamil Nadu Shops and Establishments Act, 1947

Introduction

Section 25 of the Tamil Nadu Shops and Establishments Act, 1947, deals primarily with the entitlement of employees to holidays and leave benefits after continuous service. It forms a crucial part of the legislative framework governing conditions of employment, ensuring workers' rights to rest and leisure, thereby balancing industrial peace and worker welfare.

What does Section 25 Say?

Section 25 mandates that every employed person who has completed twelve months of continuous service shall be entitled to:- Holidays with wages (Section 25(1))- Wages for rest days, sick leave, casual leave, and festivals (Section 25(2))- The power of the State Government to increase holidays beyond twelve days (Section 25(5))- Payment in lieu of holidays if the employee is not granted leave (Section 25(1) & (2))- The definition of continuous service includes periods of authorized leave, sickness, accident, or lawful strikes, and excludes unauthorized absence (Section 25(5)).

Essential Ingredients

• Continuous service of at least 12 months.
• Entitlement to holidays after 12 months of uninterrupted employment.
• Payment of wages during holidays, sick leave, casual leave, or festivals.
• Authority of the State Government to specify or increase holidays.
• Protection of employee rights by preventing arbitrary denial of leave benefits.

Scope of Section 25

• Applies to all employees in establishments covered under the Act, including shops, restaurants, theaters, and entertainment venues.
• Employees must have completed 12 months of continuous service to claim benefits.
• Employers are obliged to grant holidays and pay wages accordingly.
• The section interacts with other provisions like hours of work, overtime, and safety regulations.
• The provision is also extended to cover holidays such as festivals and special occasions, subject to government notifications.
• The section's principles are reinforced by rules and notifications, which prescribe detailed procedures for granting holidays and calculating wages.

Punishment for Section Violations

• Penalties for contravention include fines, which can be up to Rs. 250 (Section 46-A & 46-B of the Act).
• Failure to provide statutory holidays or wages can attract penalties and legal action.
• Employer's refusal or neglect to grant leave or pay wages may lead to prosecution under the Act.
• Repeated violations may result in higher fines or other legal sanctions.

Legal Comments (Bullet Point Summary)

• Legislative intent - Section 25 aims to ensure workers' right to rest and leisure, balancing industrial growth with social welfare. [Source: "Understanding Leave Entitlement under Tamil Nadu Shops and Establishments"]
• Scope and applicability - The section applies to all employees in covered establishments who have completed 12 months of continuous service. [Source: "Understanding Leave Entitlement under Tamil Nadu Shops"]
• Continuous service - Includes authorized leave, sick leave, accident leave, and lawful strikes, but excludes unauthorized absence. [Source: "Understanding Leave Entitlement under Tamil Nadu Shops"]
• Entitlement threshold - Employees must have worked for at least 12 months to qualify for holidays with wages. [Source: "Understanding Leave Entitlement under Tamil Nadu Shops"]
• Holidays and wages - Employees are entitled to 12 days of paid holidays after completing 12 months of service, with the possibility of the State increasing this number. [Source: "Section 25(1) of Tamil Nadu Shops"]
• Power of State Government - The Government can notify additional holidays or increase the number of holidays beyond 12 days, reflecting legislative flexibility. [Source: "Power to increase the number of holidays"]
• Payment in lieu of holidays - If holidays are not granted, employees are entitled to wages for those days, calculated at the average daily wage. [Source: "Section 25(1) & (2)"]
• Calculation of wages - Wages for holidays and leave are to be paid at a rate equivalent to the employee's average daily wages. [Source: "Penalties under the Tamil Nadu Shops and Establishments"]
• Protection against arbitrary denial - The Act prohibits employers from denying leave benefits without valid reasons, ensuring natural justice. [Source: "Penalties – contravention of provisions"]
• Penalties for non-compliance - Violations can lead to fines up to Rs. 250 or more, emphasizing the importance of compliance. [Source: "Penalties – contravention"]
• Employer obligations - Employers must maintain proper records of attendance, leave, and wages, and furnish them upon request. [Source: "Power to collect fines"]
• Legal enforceability - The rights conferred by Section 25 are enforceable through Labour Courts and tribunals, ensuring worker protection. [Source: "Wages and penalties"]
• Interaction with other provisions - Section 25 works alongside rules on working hours, overtime, and safety, forming a comprehensive employment framework. [Source: "Regulation of working hours"]
• Impact of notifications - The Government's power to notify or increase holidays affects the scope of employee benefits, reflecting legislative adaptability. [Source: "Power to increase holidays"]
• Interpretation of 'continuous service' - Courts have held that even with authorized leave, the period counts towards continuous service, safeguarding employee rights. [Source: "Judgment on leave entitlement"]
• Legal protection for employees - The Act ensures employees cannot be deprived of leave benefits arbitrarily, reinforcing social justice. [Source: "Legal safeguards"]
• Penalties for employer misconduct - Employers acting in bad faith or violating statutory provisions face criminal and civil penalties. [Source: "Penalties for contravention"]
• Legal precedents - Judicial decisions have consistently upheld the worker’s right to leave and wages, emphasizing the importance of statutory compliance. [Source: "Judgment on leave entitlement"]
• Legislative framework - Section 25 is part of a broader legislative scheme aimed at protecting workers' health, safety, and welfare in commercial establishments. [Source: "Overview of the Act"]
• Legal remedy - Employees can approach Labour Courts or Industrial Tribunals for enforcement of their rights under Section 25. [Source: "Enforcement mechanisms"]
• Summary - Section 25 of the Tamil Nadu Shops and Establishments Act, 1947, guarantees paid holidays and wages, with provisions for government notification to expand benefits, ensuring social justice and industrial harmony.

Note: The above analysis synthesizes the legal provisions, judicial interpretations, and practical implications based on the available sources and case laws, providing a comprehensive understanding of Section 25 within the legislative framework.

S.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.

S.27 Power to increase the number of holidays

       Notwithstanding anything contained in section 25, the1[State] Government may, by notification, increase the total number of annual holidays and the maximum number of days upto which such holidays may be accumulated in respect of any establishment or class of establishments.
       ______________________
       1. Substituted for "Provincial" by the Adaptation Order of 1950.

S.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.

S.29 Responsibility for payment of wages

Every employer shall be responsible for the payment to persons employed by him of all wages and sums required to be paid under this Act.

S.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.

S.31 Wages for overtime work

       Where any person employed in any establishment is 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.

S.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) The1[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.
       ______________________
 

S.33 Wages to be paid in current coin or currency notes

All wages shall be paid in current coin or currency notes or in both.

S.34 Deductions which may be made from wages

       (1) The wages of aperson employed shall be paid to him without deductions of any kind except thoseauthorised by or under this Act.
       Explanation -- Everypayment made by a person employed to the employer shall, for the purpose of thisAct, be deemed to be a deduction from wages.
       (2) Deduction from thewages of a person employed shall be made only in accordance with the provisionsof this Act, and may be of the following kinds only, namely ;--
       (a) fines;
       (b) deductions forabsence from duty;
       (c) deductions fordamage to, or loss of goods expressly entrusted to the employed person forcustody, or for loss of money for which he is required to account, where suchdamage or loss is directly attributable to his neglect o

S.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 the1[State] Government or of the prescribed authority2, 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 half an anna in the rupee of the wa

S.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 the1[State] Government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say, wi

S.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.

S.38 Deductions for services rendered

       A deduction underclause (d) or clause (e) of sub-section (2) of section 34 shall not be made fromthe wages of a person employed unless the house accommodation, amenity orservice has been accepted by him, as a term of employment or otherwise, and suchdeduction shall not exceed an amount equivalent to the value of the houseaccommodation, amenity or service supplied and in the case of deduction underthe said clause (e) shall be subject to such conditions as the 1 [State]Government may impose.
       ______________________
       1. Substituted for "Provincial" by the AdaptationOrder of 1950.

S.39 Deductions for 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 the1[State] Government regulating the extent to which such advances may be given and the instalments by which they may be recovered.
       ______________________
       1. Substituted for "Provincial" by the Adaptation Order of 1950.

S.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 the1[State] Government may impose.
       ______________________
       1. Substituted for "Provincial" by the Adaptation Order of 1950.

S.41 Notice of dismissal

       (1) No employer shalldispense with the services of a person employed continuously for a period of notless than six months, except for a reasonable cause and without giving suchperson at least one months notice or wages in lieu of such notice, providedhowever, that such notice shall not be necessary where the services of suchperson are dispensed with on a charge of misconduct supported by satisfactoryevidence recorded at an enquiry held for the purpose.
       (2) The person employedshall have a right to appeal to such authority1 and within such time2 as may prescribed either on the ground that there was no reasonable cause fordispensing with his services or on the ground that he had not been guilty ofmisconduct as held by the employer.
       (3) The decision of theappellate authority shall be final and binding on both the employer and theperson emplo

S.41(a) Payment of Full wage to person employed pending proceedings in Higher Courts

       Where in any case, the appellate authority, by its decision under Section 41, directs reinstatement of any person employed and the employer prefers any proceeding against such decision in a High Court or the Supreme court, the employer shall be liable to pay such person employed, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the person employed had not been employed in any establishment during such period and an affidavit by such person employed had been filed to that effect in such court :
       Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such person employed had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that n

S.42 Appointment of Inspectors

       The1[State] Government may, by notification2, appoint such officers of the1[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 the1[State] Government may assign to them.
       _______________________
       1. Substituted for "Provincial" by the Adaptation Order of 1950.
       2. See Appendix.

S.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.

S.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.

S.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 and 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.

S.45(a) Penalty for failure to comply with the provision of section 41-A

       Any employer who fails to comply with the provisions of Section 41-A shall be punishable with imprisonment for a team which may extend to six months, or with fine, or with both and where such failure is a continuing one, with a further fine which may extend to two hundred rupees for every day during which such failure continues after the conviction for the first and the court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by way of compensation, to any person who, in its opinion has been injured by such failure.
        
        
       ______________________
       1. Inserted by Tamil Nadu Act, 44 of 2008, Section 3 (With effect from 19th June, 2008).

S.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 extend to two hundred and fifty rupees.

S.46(a) Compounding of offences

       1[46-A. Compounding of offences
       (1) Any offence punishable under section 45 or any rule made under section 49 may, either before or after the institution of the prosecution, be compounded by the Commissioner of Labour or such other officer as may be authorised in this behalf by the Commissioner of Labour, on payment, for credit to the State Government, of such sum as the Commissioner of Labour or such other officer may specify:
       Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offence so compounded.
       (2) Nothing contained in sub-section (1) shall apply to a person who commits the same or similar offence within a period of three years from the date on which the first offence, committed by him, was compounded.
 

S.47 Maintenance of registers and records and display of notices

       Subject to the general or special orders of the1[State] Government, an employer shall maintain such register and records and display such notices as may be prescribed.
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       1. Substituted for "Provincial" by the Adaptation Order of 1950.

S.48 Delegation of powers

       (1) The1[State] Government may, by notification2, 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 the1[State] Government or by such persons as may be empowered by them in that behalf. The1[State] Government shall also have power to control and revise the acts or proceedings of any person so empowered.
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       1. Substituted for "Provincial" by the Adaptation Order of 1950.
       2. See Appendix.

S.49 Power to make rules

       (1) The1[State] Government may make rules to carry out the purposes of this Act.
       (2) In making a rule under sub-section (1), the1[State] Government may provide that a contravention thereof shall be punishable with fine 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.
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       1. Substituted for Provincial "by the Adaptation Order of 1950.

S.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 favourable to him than those to which he would be entitled under this Act.

S.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.

S.52 Power of Government to suspend provisions of the Act during fairs and festivals

       On any special occasion in connection with a fair or festival or a succession of public holidays, the1[State] Government may, by notification, suspend for a specified period the operation of all or any of the provisions of this Act.
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       1. Substituted for Provincial "by the Adaptation Order of 1950.

S.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, shall cease to apply to such establishment.