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The Tax Publishers Weekly Holidays Act, 19421. Introduction Weekly Holidays Act, 1942 is an Act from the stable of social security legislations. The Act in its preamble provides for the grant of weekly holidays to persons employed in shops, restaurants and theatres. The Act extends to whole of India and is applicable to owners of all shops, theatres and restaurants situated in the area covered by the notification issued by the State Government [Section 1(2) & (3)]. Further, 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 as it may impose exempt any establishment to which this Act applies from all or any of the provisions of the Act. It may, on special occasions in connection with a fair or festival or a succession of public holidays, suspend the application of the Act for a specified period. [Section 11] 2. Definitions The terms defined in the Act are reproduced herein what follows. (i) Establishment 'Establishment' means a shop, restaurant or theatre. [Section 2(a)] (ii) Day 'Day' means a period of twenty-four hours beginning at mid-night. [Section 2(b)] (iii) Restaurant '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. [Section 2(c)] (iv) Shop '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 programmes, catalogues and other similar sales at theatres. [Section 2(d)] (v) Theatre 'Theatre' includes any premises intended principally or wholly for the presentation of moving pictures, dramatic performances or stage entertainments. [Section 2(e)] (vi) Week 'Week' means a period of seven days beginning at mid-night on Saturday. [Section 2(f)] 3. Obligations of employer The obligations of employer under the Weekly Holidays Act are give below: (i) Closure of shop [Section 3] 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. [Sub-section (1)] The day so specified shall not be altered by the shopkeeper more often than once in three months. [Sub-section (2)] (ii) Provision of Weekly Holidays [Section 4] Every person employed otherwise than in a confidential capacity or in a position of management in any shop, restaurant or theatre should be allowed in each week a holiday of one whole day. However, this is not applicable to any person : (a) whose total period of employment in the week including any days spent on authorised leave, is less than 6 days; or (b) who is entitled to an additional holiday; or (c) who is employed in a shop and who has been allowed a whole holiday on the day on which the shop has been so closed. (iii) Provision of additional half-day closing [Section 5(1)] The State Government may, by notification in the Official Gazette, require in respect of shops or any specified class of shops 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 hours in the afternoon as may be fixed by the State Government. (iv) Display of notice [Section 5(3)] The weekly day on which a shop is closed in pursuance of a requirement under sub-section (1) shall be specified by the shopkeeper in a notice permanently exhibited in a conspicuous place in the shop and shall not be altered by the shopkeeper more often than once in three months. (v) Prohibition on reduction in wages [Section 6] 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. 4. Inspectors Section 7 of the Act provides that the State Government may, by notification in the Official Gazette, appoint persons to be inspectors for the purposes of this Act within such local units as it may assign to each such persons. 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) and shall exercise such powers as specified in section 8 of the Act, namely to : (i) 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; (ii) 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. (iii) exercise such other powers as may be necessary for carrying out the purposes of this Act. 5. Penalties Section 9 of the Act specifies offences and penalties for such offence. It provides that 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) of 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 the case of a second or subsequent offence, to two hundred and fifty rupees. 6. Rules 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. The Rules may be made by the State Government for carrying out the purposes of the Act in respect of matters specified in section 10(2). SUBSCRIBE FOR FULL CONTENT

The Tax Publishers Weekly Holidays Act, 19421. Introduction

Weekly Holidays Act, 1942 is an Act from the stable of social security legislations. The Act in its preamble provides for the grant of weekly holidays to persons employed in shops, restaurants and theatres.

The Act extends to whole of India and is applicable to owners of all shops, theatres and restaurants situated in the area covered by the notification issued by the State Government [Section 1(2) & (3)]. Further, 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 as it may impose exempt any establishment to which this Act applies from all or any of the provisions of the Act. It may, on special occasions in connection with a fair or festival or a succession of public holidays, suspend the application of the Act for a specified period. [Section 11]

2. Definitions

The terms defined in the Act are reproduced herein what follows.

(i) Establishment

'Establishment' means a shop, restaurant or theatre. [Section 2(a)]

(ii) Day

'Day' means a period of twenty-four hours beginning at mid-night. [Section 2(b)]

(iii) Restaurant

'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. [Section 2(c)]

(iv) Shop

'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 programmes, catalogues and other similar sales at theatres. [Section 2(d)]

(v) Theatre

'Theatre' includes any premises intended principally or wholly for the presentation of moving pictures, dramatic performances or stage entertainments. [Section 2(e)]

(vi) Week

'Week' means a period of seven days beginning at mid-night on Saturday. [Section 2(f)]

3. Obligations of employer

The obligations of employer under the Weekly Holidays Act are give below:

(i) Closure of shop [Section 3]

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. [Sub-section (1)]

The day so specified shall not be altered by the shopkeeper more often than once in three months. [Sub-section (2)]

(ii) Provision of Weekly Holidays [Section 4]

Every person employed otherwise than in a confidential capacity or in a position of management in any shop, restaurant or theatre should be allowed in each week a holiday of one whole day. However, this is not applicable to any person :

(a) whose total period of employment in the week including any days spent on authorised leave, is less than 6 days; or

(b) who is entitled to an additional holiday; or

(iii) Provision of additional half-day closing [Section 5(1)]

The State Government may, by notification in the Official Gazette, require in respect of shops or any specified class of shops 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 hours in the afternoon as may be fixed by the State Government.

(iv) Display of notice [Section 5(3)]

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

(v) Prohibition on reduction in wages [Section 6]

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.

4. Inspectors

Section 7 of the Act provides that the State Government may, by notification in the Official Gazette, appoint persons to be inspectors for the purposes of this Act within such local units as it may assign to each such persons.

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) and shall exercise such powers as specified in section 8 of the Act, namely to :

(i) 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;

(ii) 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.

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

5. Penalties

Section 9 of the Act specifies offences and penalties for such offence. It provides that 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) of 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 the case of a second or subsequent offence, to two hundred and fifty rupees.

6. Rules

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. The Rules may be made by the State Government for carrying out the purposes of the Act in respect of matters specified in section 10(2).