Chapter - VIII
LEAVE
WITH WAGES
112. Register of leave with wages
113. Leave Book
114. Medical certificate
115. Notice to Inspector of involuntary unemployment
116. Notice by worker
117. Notice of leave with wages
118. Payment of wages of the worker
who dies
119. Register to be maintained in case of
exemption under Section 84
Rules 112
to 119 prescribed under sections 83 and 112.
112. Register of leave with
wages
The
manager shall keep a register in Form 20 hereinafter called the register
of leave with wages:
Provided that if the Chief Inspector is of the
opinion that any and muster roll or register maintained as part of the routine
of the factory, or return made by the manager, gives, in respect of any or all
of the workers in the factory, the particulars required for the enforcement of
Chapter VIII of the Act, he may, by order, in writing, direct that such muster
roll or register shall, to the corresponding extent, be maintained in place of
and be traced as the register or return required under this rule in respect of
that factory.
(2)The register of leave
with wages shall be preserved for a period of three years after the last entry
in it and shall be produced before the Inspector on demand.
113.
Leave book
(1) The manager shall provide each worker who has
become entitled to leave during a calendar year, with a book in
Form 21 (hereinafter called leave book) not later than 31st January
of the following calendar year. The
leave book shall be the property of the worker and the manager or his agent
shall not demand it except to make entries of the dates of holidays or
interruptions in service, and shall not keep it for more than a week at a time
:
Provided
that in the case of a worker who is discharged or dismissed from service
during the course of the year, that is,
who is covered under sub-section (3) of section 79 of the Act, the manager
shall issue an abstract from the register of leave with wages (Form 20) within
a week from the date of discharge or dismissal as the case may be.
(2)
If a worker loses his leave book, the manager shall
provide him with another copy on the payment of paise ................ and
shall complete it from his record.
If any worker is absent
from work and it appears that his absence is due to illness, he shall, if so
required by his manager by a notice in writing, submit a medical certificate
signed by a registered medical practitioner or by a registered or recognised
vaid or hakim stating the cause of the absence and the period for which the
worker is, in the opinion of such medical practitioner, vaid or hakim, unable
to attend to his work.
115. Notice
to Inspector of involuntary unemployment
The manager shall give, as
soon as possible, a notice to the Inspector of every case of involuntary
unemployment of workers, giving numbers of unemployed and the reason for their
unemployment. Entries to this effect shall
be made in the register of leave with wages and the leave book in respect of
each worker concerned.
Before
or on the completion of a period of twelve months continuous service in the
factory, as defined in section 79, a worker may give notice to the manager of
his intention not to avail himself of holidays falling due in the following
period of twelve months. The manager
shall make an entry to that effect in the register of leave with wages and in
the leave book of the worker concerned.
117. Notice of leave with wages
(1)
Except in regard to a worker who has given notice of
his intention not to avail himself of holidays in the year in which these fall
due, the manager shall, by a notice displayed at the place at which the notice
of the periods of work required by section 61 is displayed, fix the dates on
which leave with wages shall be allowed to each worker or group of workers
including any worker who has accumulated his leave. This date shall not, in an individual case, be earlier than four
weeks from the date of notice unless the worker agrees to take the leave
earlier. The necessary entries shall be
made in the register of leave with wages and the leave book of the worker
concerned.
(2)
As far as circumstances permit, members of the same family comprising husband, wife and
children shall be allowed leave on the same date.
(3)
The manager may alter the dates fixed for
leave only after giving a notice of four weeks to the worker.
(4)
A worker may exchange the period of his leave with another worker, subject to the approval of the manager.
118.
Payment of wages if the
worker dies
If a worker dies before he
resumes work, the balance of his pay due for the period of holidays shall be
paid to his nominee within one week of the intimation of the death of the
worker. For this purpose each worker
shall submit a nomination in Form 22 duly signed by himself and attested by two
witnesses. The nomination shall remain
in force until it is cancelled or revised by another nomination.
119. Register
to be maintained in case of exemption under section 84
1)
Where an exemption is granted under section 84, the
manager shall maintain a register showing the position of each worker as
regards leave due, leave taken and wages granted.
2)
He shall display at the main entrance of the factory
a notice giving full details of the system established in the factory for leave
with wages and shall send a copy of it to the Inspector.
3)
No alteration shall be made in the scheme approved by
the State Government at the time of granting exemption under section 84 without
its previous sanction.
