REGISTERED No. D. 221
रजिस्ट्री नं ० डी० 221
भारत को राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
SECRETARIATLIBA :
नाग II--खंज 3
PART II- Section 2
0 JUL 197
प्रधिकार से प्रकाशित
GOVERNMENT OF INDIA
PUBLISHED BY AUTHORITY .
सं ० 23]
No. 23
नई दिल्ली, सोमवार, अल 28 1969/ वंशाखा 8 , 1891 NEW DELHI , MONDAY , APRIL 28 1969 / VAISAKHA 8 , 1891
इस भाग में भिन्न पृष्ठ संख्या बी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 28th April , 1969 ;
Bill No. XXIX of 1968
A Bill further to ameind the Delhi Shops and Establishments Act , 1954 .
BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows :-
Short title .
1. This Act may be called the Delhi Shops and Establishments (Amendment ) Act , 1969 .
2. In section 2 of the Delhi Shops and Establishments Act , 1954 (hereinafter referred to as the principal Act ) ,-
Delhi Act VII of 1954,
Amend- ment of section2 .
(a ) after clause ( 1 ) , the following clause shall be inserted , namely:-
' ( 1A ) " apprentice " means a person who is employed , whether on payment of wages or not , for the purpose of be- ing trained in any trade , craft or employment in any estab- lishment ;' ;
133 THE GAZETTE OF INDIA EXTRAORDINARY [PART II 424
(b ) for clause ( 7 ) , the following clause shall be substituted , namely:-
63 of 1948.
(7) " employee " means a person wholly or principally employed , whether directly or otherwise , and whether for wages ( payable on permanent , periodical , contract , piece- rate or commission basis ) or other consideration , about the business of an establishment and includes an apprentice and any person employed in a factory but not governed by the Factories Act , 1948 and , for the purpose of any matter regulated by this Act , also includes a person dis- charged or dismissed whose claims have not been settled in accordance with this Act ; ' ;
3. In section 6 of the principal Act , for the words " fifteen days " , the words " thirty days " shall be substituted .
Amend- ment of section 6 .
4. For section 10 of the principal Act , the following section shall be substituted , namely: -
Substitu- tion of new sec- tion for section 10.
Interval for rest and meals .
" 10. ( 1 ) The period of work of an adult employee in an establishment each day shall be so fixed that no period of con- tinuous work shall exceed five hours and that no employee shall be required or allowed to work for more than five hours before, he has had an interval for rest and meals of at least half an hour ,
(2) The time for such interval shall be fixed by the employer and intimated to the Chief Inspector a week before such fixation and shall remain operative for a period of not less than three months . " .
5. In section 16 of the principal Act , in sub - section ( 3 ) ,
Amend- ment of section 16.
(a) for clause ( i ) , the following clause shall be substituted , namely:-
" ( i ) The Government may , by notification in the Official Gazette , specify a close day for the purposes of this section and different days may be specified for different classes of shops or commercial establishments or for different areas . " ;
( b ) clause ( ii ) shall be omitted and clause ( iii ) shall be re -numbered as clause ( ii ) .
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6. In section 21 of the principal Act , in sub - section (2 ) ,
Amend- ment of section
" or (a) after the words " employee himself " , the words any official of a registered trade union authorised in writing to 21 . act on his behalf" shall be inserted ;
(b) for the words " six months " , in both the places where they occur , the words " one year " shall be substituted.
7. In section 22 of the principal Act , for sub - section ( 1 ) , the following sub -sections shall be substituted , namely: -
Amend- ment of section 22 .
" (1 ) Every person employed in an establishment shall be en- titled-
(a) after every twelve months ' continuous employment , to privilege leave for a total period of not less than fifteen days;
(b ) in every year , to sickness or casual leave for a total period of not less than twelve days:
Provided that-
(1 ) an employee who has completed a period of four months in continuous employment , shall be entitled to not less than five days' privilege leave for every such completed period; and
(it ) an employee who has completed a period of one month in continuous employment , shall be entitled to not less than one day's casual leave for every month :
Provided further that a watchman or caretaker who has completed a period of twelve months in continuous employment and to whom the provisions of sections 8 , 10 , 11 , 13 and 17 do not apply by virtue of an exemption granted under section 4, shall be entitled to not less than thirty days ' privilege leave.
( 1A) ( i ) Privilege leave to which an employee is entitled under clause ( a) of sub - section ( 1 ) or under any such law , contract , custom or usage , award , settlement or agreement as is referred to in section 3 , or any part of such leave , if not availed of by such employee , shall be added to the privilege leave in respect of any succeeding period to which he is so entitled, so however , that the total period of such privilege leave which may be accumulated by such employee shall not at THE GAZETTE OF INDIA EXTRAORDINARY [PART II 426
any one time exceed three times the period of privilege leave to which he is entitled after every twelve months ' employ- ment under that clause or under such law , contract , custom or usage , award , settlement or agreement .
( ii ) Leave admissible under clause ( b ) of sub - section ( 1 ) shall not be accumulated . " .
8. For section 24 of the principal Act , the following section shall be substituted , namely :-
Substitu- tion of new sec- tion for section 24.
Con- tracting Act .
"24. Any contract or agreement whether made before or after the commencement of the Delhi Shops and Establishments (Amendment ) Act , 1969 , whereby an employee relinquishes any right conferred by this Act , shall be null and void in so far as it purports to deprive him of such right" .
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427
STATEMENT OF OBJECTS AND REASONS
The Delhi Shops and Establishments Act , 1954 , which was enacted by the then Delhi Legislative Assembly , regulates the hours of work , payment of wages , grant of leave and holidays , terms of service and other conditions of work , of persons employed in shops , com- mercial establishments and establishments for public entertain- ment . The working of the Act has revealed certain difficulties in the effective enforcement of its provisions . With a view to remov- ing these difficulties , it is now proposed-
(a) to widen the coverage of the Act so as to bring within its scope apprentices , piece - rated workers and persons employ- ed on commission basis ;
(b) to provide for a period of thirty days instead of fifteen days in respect of any change to be communicated to the Chief Inspector under section 6 ;
(c) to make it obligatory for the employer to fix interval for rest and meals and to intimate it to the Chief Inspector ;
(d) to vest in the Government the power to specify by notification the " close day " , locality - wise , trade - wise or uni- formly for the whole of the Union territory of Delhi ;
( e) to provide that claim applications arising out of delay- ed payment or non - payment of wages can also be filed by any official of a registered trade union if authorised in writing by the employee ;
(f) to increase the time limit for filing claims from six months to twelve months ;
(g) to raise the ceiling for accumulation of privilege leave from two years to three years ' entitlement and to permit grant of sickness or casual leave on a proportionate basis ; and
(h ) to prohibit employees from contracting out of any of the benefits extended by the Act .
The Bill is intended to give effect to these proposals .
JAISUKHLAL HATHI .
NEW DELHI ;
The 17th July , 1968 .
B. N. BANERJEE ,
Secretary .
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