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Weekly Holidays Act 1942 (Bare Act)


Weekly Holiday Act 1942 is enacted to provide for the grant of weekly holidays to persons employed in shops, restaurants and theatres.

Act No. 18 of Year 1942

Contents
Sections
Particulars
1
2
3
4
5
6
7
8
9
10
11


Section 11 of Weekly Holidays Act 1942

11. Power of exemption and suspension

The Central Government in respect of establishments under its control, and the State Government in respect of all other establishments within the State may, subject to such conditions, if any, as it thinks fit to impose, exempt any establishment to which this Act applies from all or any specified provisions of this Act, and may, on any special occasion in connection with a fair or festival or a succession of public holidays, suspend for a specified period the operation of this Act.

Section 10 of Weekly Holidays Act 1942

10. Rules

(1) The State Government may, subject to the condition of previous publication by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may-

(a) define the person who shall be deemed to be employed in a confidential capacity or in a position of management for the purpose of sections 4 and 5;

(b) regulate the exercise of their powers and the discharge of their duties by inspectors;

(c) require registers and records to be maintained and notice to be displayed in establishment to which this Act applies and prescribe the form and contents thereof.

(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

Section 9 of Weekly Holidays Act 1942

9. Penalties

In the event of any contravention of the provisions of section 3 or section 4, of a requirement imposed by notification under sub-section (1) of section 5, or section 6, or of the rules made under clause (c) for sub-section (2) of section 10, the proprietor or other person responsible for the management of the establishment in which such contravention takes place shall be punishable with fine which may extend, in the case of the first offence, to twenty-five rupees, and, in case of second or subsequent offence, to two hundred and fifty rupees.

Section 8 of Weekly Holidays Act 1942

8. Powers of inspectors

(1) Subject to any rules made in this behalf by the State Government, an inspector may, within the local limits for which he is appointed,

(a) enter and remain in any establishment to which this Act applies with such assistants, if any, being servants of the Government as he thinks fit;

(b) make such examination of any such establishment and of any record, register or notice maintained therein in pursuance of rules made under clause (c) of sub-section (2) of section 10, and take on the spot or otherwise such evidence of any person as he may deem necessary for carrying out the purposes of this Act;

(c) exercise such other power as may be necessary for carrying out the purposes of this Act.

(2) Any person having the custody of any record, register or notice maintained in pursuance of rules made under clause (c) of sub-section (2) of section 10 shall be bound to produce it when so required by the inspector, but no person shall be compellable to answer any question if the answer may tend directly or indirectly to criminate himself.

Section 7 of Weekly Holidays Act 1942

7. Inspectors

(1) The State Government may, by notification in the Official Gazette, appoint persons to be inspectors for the purposes of this Act within such local limits as it may assign to each such persons.

(2) Every inspector appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Section 6 of Weekly Holidays Act 1942

6. No deduction or abatement to be made from wages

No deduction or abatement of the wages of any person employed in an establishment to which this Act applies shall be made on account of any day or part of a day on which the establishment has remained closed or a holiday has been allowed in accordance with sections 3,4 and 5, and if such person is employed on the basis that he would not ordinarily receive wages for such day or a part of a day he shall nonetheless be paid for such day or part of a day the wages he would have drawn had the establishment not remained closed or the holiday not been allowed on that day or part of a day.

Section 5 of Weekly Holidays Act 1942

5. Additional half-day closing of holiday

(1) The State Government may, by notification in the Official Gazette, require in respect of shops or any specified class of shop that they shall be closed at such hour in the afternoon of one week-day in every week in addition to the day provided for by section 3 as may be fixed by the State Government, and, in respect of theatres and restaurants or any specified class of either or both, that every person employed therein otherwise than in a confidential capacity or in a position of management shall be allowed in each week an additional holiday of one half-day commencing at such hour in the after noon as may be fixed by the State Government.

(2) The State Government may, for the purposes of this section, fix different hours for different shop or different classes of shop or for different areas or for different times of the year.

(3) The weekly day on which a shop is closed in pursuance of a requirement under sub-section (1) shall be specified by the shop-keeper in a notice permanently exhibited in a conspicuous place in the shop and shall not be altered by the shop-keeper more often than once in three months.

Section 4 of Weekly Holidays Act 1942

4. Weekly holidays in shops, restaurants and theatres

Every person employed otherwise than in a confidential capacity or in a position of management in any shop, restaurant or theatre shall be allowed in each week a holiday of one whole day:

PROVIDED that nothing in this section shall apply to any person whose total period of employment in the week including any days spent on authorized leave is less than six days or entitle to an additional holiday a person employed in a shop who has been allowed a whole holiday on the day on which the shop has remained closed in pursuance of section 3.

Section 3 of Weekly Holidays Act 1942

3. Closing of shop

(1) Every shop shall remain entirely closed on one day of the week, which day shall be specified by the shop-keeper in a notice permanently exhibited in a conspicuous place in the shop.

(2) The day so specified shall not be altered by the shop-keeper more often than once in three months.

Section 2 of Weekly Holidays Act 1942

2. Definitions

In this Act, unless there is anything repugnant in the subject or context,

(a) "establishment" means a shop, restaurant or theatre;

(b) "day" means a period of twenty-four hours beginning at midnight;

(c) "Restaurant" means any premises in which is carried on principally or wholly the business of supplying meals or refreshments to the public or a class of the public for consumption on the premises but does not include a restaurant attached to a theatre;

(d) "shop" includes any premises where any retail trade or business is carried on, including the business of a barber, or hair dresser, and retail sales by auction, but excluding the sale of programmers, catalogues, and other similar sales at theatres;

(e) "theatre" includes any premises intended principally or wholly for the presentation of moving pictures, dramatic performances or stage entertainments;

(f) "week" means a period of seven days beginning at midnight on Saturday.

Section 1 of Weekly Holidays Act 1942

1. Short title, extent and commencement

(1) This Act may be called the Weekly Holidays Act, 1942.

(2) It extends to the whole of India

(3) It shall come into force in a State or in a specified area within a State only if the State Government by notification in the Official Gazette so directs.

The Trade Unions Act 1926 (Bare Act)


Trade Union Act 1926 is enacted to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions.

ACT NO. 16 OF 1926*1 [25th March, 1926.]

Contents
Sections
Particulars
Chapter I
Preliminary
1
2
Chapter II
Registration Of Trade Union
3
4
5
6
7
8
9
10
11
12
13
14
Chapter III
Rights And Liabilities Of Registered Trade Unions
15
16
17
18
19
20
21
21A
22
23
24
25
26
27
28
Chapter IV
Regulations
29
30
Chapter V
Penalties And Procedure
31
32
33

Section 20 of Trade Unions Act 1926

20. Right to inspect books of trade unions

The account books of a registered trade union and the list of members thereof shall be open to inspection by an 8[office-bearer] or member of the trade union at such times as may be provided for in the rules of the trade union.

Section 19 of Trade Unions Act 1926

19. Enforceability of agreements

Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered trade union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade:

PROVIDED that nothing in this section shall enable any civil court to entertain any legal proceeding instituted for the express purpose of enforcing or recovering damages for the breach of any agreement concerning the conditions on which any members of a trade union shall or shall not sell their goods transact business, work, employ or be employed.

Section 18 of Trade Unions Act 1926

18. Immunity from civil suit in certain cases

(1) No suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any 8[office-bearer] or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the trade union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labor as he wills.

(2) A registered trade union shall not be liable in any suit or other legal proceeding in any civil court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent of the trade union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the trade union.

Section 17 of Trade Unions Act 1926

17. Criminal conspiracy in trade disputes

No 8[office-bearer] or member of a registered trade union shall be liable to punishment under sub-section (2) of section 120B of the Indian Penal Code, 1860 (45 of 1860) in respect of any agreement made between the members for the purpose of furthering any such object of the trade union as is specified in section 15, unless the agreement is an agreement to commit an offence.

Section 16 of Trade Unions Act 1926

16. Constitution of a separate fund for political purposes

(1) A registered trade union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interests of its members, in furtherance of any of the objects specified in sub-section (2).

(2) The objects referred to in sub-section (1) are:

(a) the payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election as a member of any legislative body constituted under 19[* * *] 20[the Constitution] or of any local authority, before, during or after the election in connection with his candidature or election; or

(b) the holding of any meeting or the distribution of any literature or documents in support of any such candidate; or

(c) the maintenance of any person who is a member of any legislative body constituted under 19[***] 20[the Constitution] or for any local authority; or

(d) the registration of electors or the selection of a candidate for any legislative body constituted under 19[***] 20[the Constitution] or for any local authority ; or

(e) the holding of political meetings of any kind, or the distribution of political literature or political documents of any kind.

21[(2A) In its application to the State of Jammu and Kashmir, references in sub-section (2) to any legislative body constituted shall be construed as including references to the Legislature of that State].

(3) No member shall be compelled to contribute to the fund constituted under sub-section (1); and a member who does not contribute to the said fund shall not be excluded from any benefits of the trade union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the trade union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund; and contribution to the said fund shall not be made a condition for admission to the trade union.

Section 15 of Trade Unions Act 1926

15. Objects on which general funds may be spent

The general funds of a registered trade union shall not be spent on any other objects than the following namely-

(a) the payment of salaries, allowances and expenses to 8[office-bearers] of the trade unions;

(b) the payment of expenses for the administration of the trade union, including audit of the accounts of the general funds of the trade union;

(c) the prosecution or defense of any legal proceeding to which the trade union or any member thereof is a party, when such prosecution of defense is undertaken for the purpose of securing or protecting any rights of the trade union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs;

(d) the conduct of trade disputes on behalf of the trade union or any member thereof;

(e) the compensation of members for loss arising out of trade disputes;

(f) allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members;

(g) the issue of, or the undertaking of liability under, policies of assurance on the lives of members, or (under) policies insuring members against sickness, accident or unemployment;

(h) the provision of education, social or religious benefits for members (including the payment of the expenses of funeral or religious ceremonies for deceased members) or for the dependants of members;

(i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such;

(j) the payment, in furtherance of any of the objects on which the general funds of the trade union may be spent, of contributions to any cause intended to benefit workmen in general provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the trade union during that year and of the balance at the credit of those funds at the commencement of that year; and

(k) subject to any conditions contained in the notification, any other object notified by the 18[appropriate government] in the Official Gazette.

Section 14 of Trade Unions Act 1926

14. Certain Acts not to apply to registered trade unions

The following Acts, namely-

(a) The Societies Registration Act, 1860, (21 of 1860)

(b) The Co-operative Societies Act, 1912 (2 of 1912)

17[(c) The Companies Act, 1956, (1 of 1956)

shall not apply to any registered trade union, and the registration of any such trade union under any such Act shall be void.

Section 13 of Trade Unions Act 1926

13. Incorporation of registered trade union

Every registered trade union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued.

Section 21(A) of Trade Unions Act 1926

21A. Disqualifications of office-bearers of trade unions

(1) A person shall be disqualified for being chosen as, and for being member of the executive or any other office bearer of a registered trade union if-

(i) he has not attained the age of eighteen years;

(ii) he has been convicted by court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release.

(2) Any member of the executive or other office-bearer of a registered trade union who, before the commencement of the Indian Trade Union (Amendment) Act, 1964, has been convicted of any offence involving moral turpitude and sentenced to imprisonment, shall on the date of such commencement cease to be such member or office-bearer unless a period of five years has elapsed since his release before that date].

21[(3) In its application to the State of Jammu and Kashmir, reference in sub-section (2) to the commencement of the Indian Trade Union (Amendment) Act, 1964, shall be construed as reference to the commencement of this Act in the said State].

Section 12 of Trade Unions Act 1926

12. Registered office

All communications and notices to a registered trade union may be addressed to its registered office. Notice of any change in the address of the head office shall be given within fourteen days of such change to the Registrar in writing, and the changed address shall be recorded in the register referred to in section 8.

Section 21 of Trade Unions Act 1926

21. Rights of minors to membership of trade unions

Any person who has attained the age of fifteen years may be a member of a registered trade union subject to any rules of the trade union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments and give all acquaintances necessary to be executed or given under the rules:

Section 22 of Trade Unions Act 1926

22. Proportion of office-bearers to be connected with the industry

Not less than one-half of the total number of the 8[office-bearers] of every registered trade union shall be persons actually engaged or employed in an industry with which the trade union connected:

PROVIDED that the 24[appropriate government] may, by special or general order, declare that the provisions of this section shall not apply to any trade union or class of trade unions specified in the order.

CommentThe provisions contained in Sections 6 and 22 reproduced above relate to the registration of a Trade Union and constitution of the executive of the said Union. The provisions of Sections 6 and 22 indicate that an ordinary or a temporary member may be an office bearer but they nowhere provide that such a member shall also have a right to negotiate with the management or the management would be under an obligation to negotiate with an office bearer of the Union who is no longer in the employment of the Industry which the Trade Union is connected. State Bank of India Staff Association v. State Bank of India AIR 1996 SUPREME COURT 1685