REGISTERED No D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 38] NEW DELHI, MONDAY, AUGUST 31, 1970/BHADRA 9, 1892
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
MINISTRY OF LAW
(Legislative Department) New Delhi the 31st August, 1970/Bhadra 9, 1892 (Saka)
The following Acts of Parliament received the assent of the President on the 29th August, 1970, and arc hereby published for general information: —
THE DELHI SHOPS AND ESTABLISHMENTS (AMENDMENT) ACT, 1970
No. 33 OF 1970
[29 August, 1970] An Act further to amend the Delhi Shops and Establishment Act,
1954. BE it enacted by Parliament in the Twenty-first Year of the Repub- lic of India as follows: —
1. This Act may be called the Delhi Shops and Establishments (Amendment) Act, 1970.
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 section 2.
(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 being trained in any trade, craft or employment in any establishment;';
(389)
390 THE GAZETTE OF INDIA EXTRAORDINARY [PART II(b) for clause (7), the following clause shall be substituted,
namely: —
63 of 1948.
' (7) "employee" means a person wholly or principally em- ployed, whether directly or otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or com- mission basis) or other consideration, about the business of an establishment and includes an apprentice and any person em- ployed 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 discharged 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. (i) The period of work of an adult employee in an estab- lishment each day shall be so fixed that no period of continuous 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),—
(a) for clause (i), the following clause shall be substituted, Amend- ment of section 16.
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 (Hi) shall be re-
numbered as clause (.ii).
6. In section 21 of the principal Act, in sub-section (2),—
Amend- ment of section 21.
(a) after the words "employee himself", the words "or any official of a registered trade union authorised in writing of act on this behalf" shall be inserted;
SEC. 1] THE GAZETTE OF INDIA EXTBAORDINABY 391(b) for the words "six months", in both the places where they
occur, the words "one year" shal lbo suYxd' luted.
7. In section 22 of the principal Act, for ^ub-section (I), the following
sub-sections shall be substituted, namely: —
Amend- ment of section 22 " (i) 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—
(i) 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
(ii) 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 com- pleted a period of twelve months in continuous employment and to whom the provisions of sections 8, 10, 11, 13 and 1? 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 (i) or under any such law, contract, cus- tom 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 em- ployee, shall be added to the privilege leave in respect of any suc- ceeding period to which he is so entitled, EO however, that the total period of such privilege leave which may be accumulated by such employee shall not at any one time exceed three times the period of privilege leave to which he is entitled after every twelve months' employment under that clause or under such law, contract, custom or usage, award, settlement or agreement,
(ii) Leave admissible under clause (b) of sub-section (/) 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 out.
"24. Any contract or agreement whether made before or after the commencement of the Delhi Shops and Establishments (Amend- ment) Act, 1970, whereby an employee relinquishes any right con-
3o2 rHE GAZETTE OF INDIA EXTRAORDINARY [PART I I— SEC. 1]ferred by this Act, shall be null and void in so far as it purports to deprive him of such right.".
THE INDIAN POST OFFICE (AMENDMENT) ACT, 1970
No. 34 OF 1970
[29 August, 1970]
An Act further to amend the Indian Post Office Act, 1898.
BE it enacted by Parliament in the Twenty-First Year of the Republic of India as follows: —
1. This Act may be called the Indian Post Office (Amendment) Act Short title.
1970.
6 of 1898 2. Section 45 of the Indian Post Office Act, 1898, shall be re-numbered as sub-section (1) of that section, and—
Amend- ment of section 45.
(a) in sub-section (1) as so re-numbered, the proviso shall bt omitted;
(b) after sub-section (1) as so re-numbered, the following sub- section shall be inserted, namely: —
" (2) The Central Government may also make rules pre- scribing the maximum limit of amount up to which postal orders may be issued from time to time.".
N. D. P. NAMBOODIRIPAD, Joint Secy- to the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, N EW DELHI AND PUBLISHED BY THE MANAGER OP PUBLICATIONS, DELHI. 1 9 70