Chapter ILL LEAVE

The provisions of this chapter shall not operate to the prejudice of any right to which an employee be entitled under any other law or under the term of any award, agreement or contract of service. Provided that where such award, agreement or contract or service provides for a longer leave with wages or weekly holidays than provided in this chapter, the employee shall be entitled to such longer leave or weekly holidays as the case may be. Explanation: For the purpose of this chapter, leave shall not except as provided in Section 12, include weekly holidays or holidays for festivals or other similar occasions. Notwithstanding anything contained in sub-section (1) of section 11 when it appears to the Director that in any aerodrome cattle are habitually allowed to tresspass and cause nursance in such aerodrome he may, by notification in the Gazette, direct that for every head of cattle of any kind specified therein which may be seized within such aerodrome and impounded as aforesaid such amount of fine as may be specified by him in the said notification not exceeding four times the fine prescribed in the sub-section (1) of section (II) shall be levied.

Explanation: For the purpose of this section, “aerodromes shall have the same meaning assigned to it under the Aircraft Act 1934 (Central Act 22 of 1934).

(1) Every employee in an establishment shall be entitled after twelve months continuous service in that establishment to privilege leave with wages for a period of 16 days in the subsequent period of twelve months, provided that such privilege leave with wages may be accumulated upto maximum period of 30 days. (2) Every employee in an establishment shall also be entitled during every twelve months of continuous service to medical leave with wages for a period not exceeding twelve days on the ground of any sickness incurred or accident sustained by him and to casual leave with wages, for a period not exceeding twelve days on any reasonable ground. (3) If an employee entitled to any leave under sub-section (1) is discharged by his employer before he has been allowed the leave, or if having applied for and been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under this Act in respect of the leave. (4) If an employee entitled to any leave under sub-section (2) is discharged by his employer when he is sick or suffering from the result of an accident, the employer shall pay him the amount payable under this Act, in respect of the period of the leave to which he is entitled at the time of his discharge, in addition to the amount, if any, payable to him under sub-section (3). (5) An employee shall be deemed to have completed a period of twelve months, continuous service within the meaning of this section, notwithstanding any interruption in service, securing those twelve months brought about (a) by sickness. accident, or authorised leave (including authorised holidays and weekly holiday), not exceeding ninety days in the aggregate for all three, or (b) by a lock out, or (c) by a strike, which is not an illegal strike; or (d) by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate, and authorised leave shall be deemed not to include any weekly holidays allowed under this Act which occurs at the beginning or and of an interruption brought about by the leave. (a) If the owner of the impounded cattle or his agent appears and claims the cattle, the pound-keeper shall deliver them to him on payment of the fines and charges incurred in respect of such cattle. (b) The owner or his agent, on taking back the cattle shall sign receipt for them in the register kept by the pound-keeper.

For the leave allowed to him under section 13, an employee shall be paid at the rate equal to the daily average of his total full time earning exclusive of any overtime earning and bonus, but inclusive of dearness allowance and the cash equivalent of any advantage accruing by the supply of meals and by the sale by the employer of food grains and other articles at concessional rates for the days on which he worked during the month immediately preceding his leave. (1) If the cattle be not claimed within seven days from the date of their being impounded the pound-keeper shall report the fact to the local authority concern or to such officer as the Director specified in this behalf. (2) The local authority or the officer shall thereupon affix in a conspicuous part of its or his office a notice stating (a) the number and description of the cattle, (b) the place where they were seized, (c) the place where they are impounded and shall cause proclamation of the same to be made by beat of drum in the village and in the market place nearest to the place of seizure. (3) If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the local authority or the said officer or any other officer subordinate to him, deputed for that purpose at such place and time and subject to such conditions as the Director by general or special order, from time to time, directs. Provided that if any such cattle are in the opinion of the Director, not likely to fetch a faire price if sold as aforesaid, they may be disposed of in such other manner as he thinks fit.

Any Inspector may institution proceedings on behalf of any employee to recover any sum required to be paid an employee under this chapter which the employer has not paid. If the owner or his agent appears and refuses to pay the fines and expenses on the ground that the seizure was illegal and that the owner is about to make a complaint under section 20, then, upon deposit of the fines and charges incurred in respect of the cattle, the cattle shall be delivered to him.

Where the Government are satisfied that the leave rules applicable to employees in an establishment provide benefits which in its opinion are not less favourable than those for which chapter makes provisions it may, by written order, exempt the establishment from all or any of the provisions of this chapter, subject to such conditions as may be specified in the order. (1) If the owner or his agent appears and refuses or omits to pay or in the case mentioned in section 15 to deposit them said fines and expenses, the cattle or as many of them as may be necessary, shall be sold by public auction by the local authority or by such officer as the case may be, at such place and time and subject to such conditions as are referred to in section 14. (2) The fines leviable and expenses of feeding and watering together with the expenses of sale, if any, shall be deducted from the proceeds of sale. (3) The remaining cattle and the balance of the proceeds of sale if any, shall be delivered to the owner or his agent, together with an account showing : — (a) the number of cattle seized, (b) the time during which they have been impounded (c) the amount of fines and charges incurred, (d) the number of cattle sold, (e) the proceeds of sale, and (f) the manner in which these proceeds have been disposed of (4) The owner or his agent shall give a receipt for the cattle delivered to him and for the balance of the proceeds of sale, if any, paid to him according to such account. (5) If the owner or his agent refuses to received the remaining cattle and the surplus proceeds of sale delivered to him, the cattle and the proceeds of sale shall be deemed to be unclaimed and disposed of according to the provisions of this Act.