Chapter IX MISCELLANEOUS

Subject to the general or special orders of the State Government, an employer shall maintain such registers and records and display on the premises of his establishment, such notices as may be prescribed. All such registers and records shall be kept on the premises of the establishment to which they relate.

Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to under any other law, contract, custom or usage, applicable to such establishment, or any award, settlement or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.

No suit, prosecution or other legal proceedings shall lie against the State Government or any officer of the State Government for anything which is in good faith done or intended to be done under this Act.

(1) The State Government may, by notification, authorize any officer or authority, subordinate to it, to exercise any one or more of the powers vested in it by or under this Act, except the powers under sub-sections (3) and (4) of section 1, sub-sections (3) and (4) of section 3, section 19, section 20, section 21, section 26 and section 40 subject to such restrictions and conditions, if any, as may be specified in the notification. (2) The exercise of the powers delegated under sub-section (1) shall be subject to control and revision by the State Government or by such persons as may be empowered by it in that behalf. The State Government shall also have power to control and revise the acts and proceedings of any person so empowered.

On any special occasion in connection with a fair or festival or a succession of public holidays, the State Government may, by notification, suspend for a specified period the operation of all or any of the provisions of this Act.

(1) No employer shall remove or dismiss an employee who has put in service under him continuously for a period of not less than six months, except for a reasonable cause and unless and until one month’s previous notice or pay in lieu thereof has been given to him: Provided that where misconduct of an employee is brought on record with proof at an enquiry held for the purpose, he shall not be entitled to the notice or pay in lieu of such notice. (2) An employee removed or dismissed under sub-section (1) shall have a right of appeal to such officers having jurisdiction over such areas or such classes of employees as may be prescribed on the ground that there was no reasonable cause for the removal or dismissal or that he has not been guilty of misconduct as held by the employer. (3) Where an employee has been removed or dismissed without reasonable cause or without proof of misconduct, the employee shall, where the employer does not agree to reinstate him, be entitled to such compensation as the appellate authority may determine, provided that such compensation shall not exceed an amount calculated at one month’s pay for every year of service x x x. (4) Any person aggrieved by an order of the appellate authority may apply to the District Judge for a revision of such order and subject to the result of such application the decision of the appellate authority shall be final and binding on both the employer and the person employed. (5) The amount payable as compensation under this section shall be in addition to any fine payable under section 30 and shall be recoverable as a fine. (6) No employee who has been awarded compensation under this section shall be entitled to bring a civil suit in respect of the same claim. (7) If under any other law or under the terms of an award, agreement or contract of service, any employee is entitled to a longer period of notice or to more favourable benefits that are provided in sub-section (1) or sub-section (3) the provisions of the said sub-sections shall have effect as if such period of notice and such benefits had been enacted in this Act. (3) Where an employee has been removed or dismissed without reasonable cause or without proof of misconduct, the employee shall, where the employer does not agree to reinstate him, be entitled to such compensation as the appellate authority may determine, provided that such compensation shall not exceed an amount calculated at one month’s pay for every year of service. (4) Any person aggrieved by an order of the appellate authority may apply to the District Judge for a revision of such order and subject to the result of such application the decision of the appellate authority shall be final and binding on both the employer and the person employed. (5) The amount payable as compensation under this section shall be in addition to any fine payable under section 30 and shall be recoverable as a fine. (6) No employee who has been awarded compensation under this section shall be entitled to bring a civil suit in respect of the same claim. (7) If under any other law or under the terms of an award, agreement or contract of service, any employee is entitled to a longer period of notice or to more favourable benefits that are provided in sub-section (1) or sub-section (3) the provisions of the said sub-sections shall have effect as if such period of notice and such benefits had been enacted in this Act.

(1) The State Government may by notification, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, rules made under sub-section (1) may provide in respect of the health and safety and welfare of employees. (3) In making rules under this section, the State Government may provide that a contravention of any rule shall be punishable with a fine which may extend to ten thousand rupees. (4) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.

Every notification issued under sub-section (3) and sub-section (4) of section 3, sub-section (1) of section 21 and sub-section (1) of section 37 and every rule made under section 40 shall be laid as soon as may be after it is issued or made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the notification or rule or both Houses agree that the notification or rule should not be made, the notification or rule, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything done previously under that notification or rule.

The Bombay Shops and Establishments Act, 1948 (Bombay Act LXXIX of 1948), as in force in the Belgaum Area, the Hyderabad Shops and Establishments Act, 1951 (Hyderabad Act X of 1951), as in force in the Gulbarga Area, the Madras Shops and Establishments Act, 1947 (Madras Act XXXVI of 1947), as in force in the Mangalore and Kollegal Area, and the Mysore Shops and Establishments Act, 1948 (Mysore Act II of 1948), as in force in the Mysore Area, are hereby repealed: Provided that section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) shall be applicable in respect of such repeal and sections 8 and 24 of the said Act shall be applicable as if the said Acts had been repealed and re-enacted by this Act.

On and from such date on which this Act applies to any area of the State, the Weekly Holidays Act, 1942 (Central Act XVIII of 1942), shall in such area stand repealed: Provided that such repeal shall not affect,- (a) the previous operation of the said enactment or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactment; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactment; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid;-and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been applied to that area.

If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the State Government may by notification, make such provisions as appear to it to be necessary or expedient for removing the difficulty.