WEEKLY HOLIDAYS RULES 1951

Notice under subsection 3(4) of the Act 4.

Application for substitution and alteration of holiday

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(Made under section 14)

(Revised—2023)

[20 September 1951; L.N. 577/1951]

Citation 1.

These rules may be cited as the Weekly Holidays Rules 1951.

Notice under subsections 3(2), 5(4) and 7(2) of the Act 2.

(1)

The notice referred to in subsections 3(2), 5(4) and 7(2) of the Act shall be in Form A as specified in the Schedule.

(2)

The proprietor or manager of any shop affected by subsections 3(1), 5(1)

and 7(1) of the Act shall send a true copy of every such notice and, where any alteration in such notice becomes necessary, a true amended copy of such notice to the nearest

Labour Office—

(a)

in the case of a shop affected by subsections 3(1) and 7(1)

of the Act, within two weeks of the commencement of any trade or business in such shop; and

(b)

in the case of a shop affected by subsection 5(1) of the Act, within thirty days of the date of publication of a notification in the

Gazette under subsection 5(1) of the Act or within two weeks of the commencement of any trade or business in such shop, whichever is the later.

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(3)

Any alteration to a notice in Form A other than as referred to in subrules 4(1) and (2), shall be notified in writing to the nearest Labour Office not later than two weeks before such alteration becomes effective.

Notice under subsection 3(4) of the Act 3.

(1)

The notice referred to in subsection 3(4) of the Act shall be in Form B as specified in the Schedule.

(2)

The proprietor of any unassisted shop shall send a true copy of every notice referred to in subrule (1) or, where any alteration in such notice becomes necessary, a true amended copy of the notice, to the nearest Labour Office within the State in which the shop is situated, within two weeks of the commencement of any trade or business in such shop.

Application for substitution and alteration of holiday 4.

(1)

An application for the substitution of some other day in any particular week for Friday or Sunday under the proviso (b) to subsection 3(1) of the Act may be made—

(a)

in person at the nearest Labour Office not later than noon on Friday in the week immediately preceding the week in respect of which the application is made; or

(b)

in writing so as to reach the nearest Labour Office not later than noon on Wednesday in the week immediately preceding the week in respect of which the application is made, and such written application shall explain the grounds for substituting such other day.

(2)

Where the proprietor or manager of a shop who has chosen Friday or

Sunday as the day on which the shop is to remain entirely closed under subsection 3(1)

of the Act intends to alter such day to Sunday or Friday, as the case may be, the proprietor or manager shall, not less than seven days before the alteration becomes effective—

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(a)

inform his employees by posting a notice in the shop; and

(b)

notify the nearest Labour Office in writing of such intention.

Record of whole day holiday 5.

(1)

The proprietor or manager of any shop, restaurant or theatre shall keep a record of the holidays given to each employee in Form C as specified in the Schedule where the employee in the shop, restaurant or theatre is entitled to be given—

(a)

under section 6 of the Act, a holiday of one whole day in each week;

and

(b)

under subsection 7(3) of the Act, a whole holiday on five other days in every year.

(2)

The record referred to in subrule (1) shall—

(a)

be kept up to date by the end of each week;

(b)

be preserved for a period of at least one year after the end of the year to which the entries in the record refer; and

(c)

be kept in a conspicuous place on the premises where the employees mentioned in the record worked or are working.

Duty of proprietor of shop where more than one business is carried on 6.

(1)

Where the same or different trades or businesses are carried on separately in one shop by different proprietors, unless the exemption mentioned in section 4 of the Act applies, the provisions of these Rules shall apply to each such proprietor in respect of his trade or business.

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(2)

Where a proprietor carries on the same, or more than one, trade or business in more than one shop, other than a shop included in a class of shops mentioned in the Schedule to the Act, the provisions of these Rules shall apply to such proprietor in respect of each such shop.

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FORM A

[Rule 2]

NOTICE UNDER SUBECTIONS 3(2), 5(4) AND 7(2) OF THE ACT

Name of the *Proprietor/

Manager

Name/stamp of shop

Nature of trade/business

Address

**Whole day closing of every week

†Half day closing of every week

Day : Time: *a.m./p.m.

Additional closing days in each year

Dated ………………………………….

..…………………………………….

*Proprietor/Manager

Note:

1. Notice to be displayed in the shop 2.

*Delete whichever is not applicable 3.

**Applicable to all shops other than an unassisted shop or a shop included in any class of shops mentioned in the Schedule to the Act 4.

†Applicable to all shops in respect of which a notification in the Gazette is published under subsection 5(1) of the Act

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FORM B

[Rule 3]

NOTICE UNDER SUBSECTION 3(4) OF THE ACT

Name of the Proprietor

Name/stamp of shop

Nature of trade/business

Address

Name of *wife/husband/child assistant

Day of each week on which proprietor alone is to attend to customers

*FRIDAY/SUNDAY

Dated ………………………………….

….………………………………

Proprietor

Note:

1. Notice to be displayed in the shop

2. Notice to be filled in by the proprietor of an unassisted shop 3.

*Delete whichever is not applicable

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FORM C

[Rule 5]

RECORD OF WHOLE DAY HOLIDAY

Name of the Proprietor/

Manager

Name/stamp of shop/

restaurant/theatre

Nature of trade/business

Address

ENTRIES IN RECORD OF WHOLE DAY HOLIDAY

Name of employee

Dates of a whole day holiday for each month in a year

Five other holidays

January

February

March

April

May

June

July

August

September

October

November

December

…………………………………….

Proprietor/Manager

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Note: Entries are to be kept up to date at the end of each week ending at midnight on Saturday

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(Made under section 14)

(Revised—2023)

Particulars under paragraphs 7(ii) and (iii)

of the Revision of Laws Act 1968 [Act 1]

LIST OF AMENDMENTS

Amending law

Short title

In force from

L.N. 240/1961

Weekly Holidays (Amendment)

Rules, 1961 07-08-1961

_____________

LIST OF LAWS OR PARTS THEREOF SUPERSEDED

No.

Title

L.N. 458/1951

Weekly Holidays Rules, 1951

________________________________________