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CHAPTER VIII

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LEAVE WITH WAGES

RULE 87-94 PRESCRIBED UNDER SECTIONS 83 AND 112

87. Leave with wages register-

  1. The Manager shall keep a Register in Form No.15 hereinafter called the Leave with Wages Register : Provided that if the Chief Inspector is of the opinion that any muster-toll or register maintained as part of the routine of the factory, or return made by the manager, gives, in respect of any or all of the workers in the factory, the particulars required for the enforcement of Chapter VIII of the Act, he may, by order in writing, direct that such muster-roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register of return required under this Rule in respect of that factory.
  2. The Leave with Wages register shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.


88. LEAVE BOOK-

  1. "The Manager shall provide each worker who has become entitled to leave during a calendar Year, with a book in Form No.16 (hereinafter called the Leave Book). Not latter than the 31st January of the following calendar Year. The leave Book shall be the property of the worker and the Manager of his agent shall not demand it except to make the relevant entries therein whenever necessary and shall not keep it for more than a week, at a time.
    Provided that in the case of a worker who is discharged or dismissed from service during the course of the year i.e. who is covered under sub-section (3) section 79 of the Act, the Manager shall issue an abstract from the "Register of Leave with Wages" (Form No.15) within a week from the date of discharge or dismissal, as the case may be.
  2. If a worker loses his Leave Book, Manager shall provide him with another copy on payment of 15 nay paise and shall complete it from his record.


89. MEDICAL CERTIFICATE-

If any worker is absent from work due to his illness and he wants to avail himself of leave with wages due to cover the whole or part of the period of his illness under the provisions of sub-section (7) of Section 9, he shall, if required by the Manager, produce a medical certificate signed a Registered Medical Practitioner or recognized Vaid or Hakim stating the cause of the absence and the period for which the worker, is, in the opinion of such medical practitioner, Vaid of Hakim unable to attend to his work or other reliable evidence to prove that he was actually sick during the period for which he leave is to be availed of.

90. NOTICE TO INSPECTOR OF INVOLUNTARY UNEMPLOYMENT-

The Manuel shall give, as soon as possible a notice to the Inspector of every case of involution unemployment of workers, giving numbers of unemployed and the reason of their unemployment. Entries to this effect shall be made in the Leave with Wages Register and the Leave book in respect of each worker concerned.

91. NOTICE BY WORKER-

Before or at the end of every calendar year, a worrier who may be required to avail of leave in accordance with sub-section (8 of Section 79 may give notice to the Manager of his intention not to avail himself of the leave with wages falling due during the following calendar year. The Manager shall make an entry to that effect in the Leave with Wages Register and in the Leave Book of the worker concerned.

92. NOTICE OF LEAVE WITH WAGES-

  1. As far as circumstances parried members of the same family comprising husband, wife and children shall be allowed leave on the same date.
  2. The Manager may alter the dates fixed for leave only after giving a notice of four weeks to the worker.


93. PAYMENT OF WAGES IF THE WORKER DIES-

If a worker dies before the resumes work, the balance of his pay due for the period of leave with wage not availed of shall be paid to his nominees within one week of the intimation of the death of the worker. For this purpose each worker shall submit nomination in the following form duly signed by himself and attested by two witnesses.

FORM

I hereby require that in the event of my death before resulting work to balance of my pay due for the period of leave with wages not availed of shall be paid to......... who is my........... and resides at............... "The nomination shall remains in force until it is cancelled or revised by another nomination".

94. REGISTER TO BE MAINTAINED IN CASE OF EXEMPTION UNDER SECTION 84--

  1. Where an exemption is granted under Section 84, the Manager shall maintain a Register showing the position of each worker as regards leave due, leave taken and wages granted.
  2. He shall display at the main entrance of the factory, a notice giving full details of the system established in the factory for leave with wages and shall send a copy of it to the Inspector.
  3. No alteration shall be made in the scheme approved by the Chief Commissioner at the time of granting exemption under Section 84 without its previous sanction.
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