ANNUAL WAGE WITH WAGES SECTION 79 FACTORY ACT 1948.pptx

1. Annual Leave
With Wages
Section 79
Factory Act 1948

2. => If an adult one day for every 20 day of
work performed by him during previous
calendar But condition must do work for
240 day then only Take leave entitlement
one day holiday salary not been cut.
=> Must giving an application before 15
days If work in public utility before 20
day If medical issue no limit given such
kind of time to recover himself.

3. => Due to discharge ,dismissal
,resign ,death and qutting of
employment His hier/ nominee
shall be entitled to receive wages.
=> Treatment of friction of leave is
there shall be half day or more
than half day shall be treated as
full day leave but if less than half
day shall Omitted.

4. => Treatment of unavailed leave worker
has not taken any leave in previous
calendar year his leave should be
carried forward to next calender year
but shall not be exceed to 30 in case of
adult or not exceed 40 in case of child
=> Workers shall taken leave from work
must given written application prior
before 15 days to factory manager but if
any worker engaged in public utility
service so such work. Worker informed

5. to the factory manager that
regarding to take annual leave
=> In case of illness not
mandatory or required to give
written application before prayer
has to taken leave because it
Emergency situation

6. => In the case of a female worker
maternity leave for any number
of days not exceeding 12 weeks;
and ii) The leave earned in the
year prior to that in which this
leave is enjoyed, shall be deemed
to be days on which the worker
has worked.

7. Application for leave covering a period of
illness may not be made within the
specified time. If a worker wants to avail
himself of the leave with wages due to
him to cover a period of illness, he shall
be granted such leave even if the
application for leave is not made within
the time specified. In such a case,
advance payment of wages (as admissible
under Sec. 81) shall be made not later
than 15 days, or in the case of a public
utility service not later than 30 days, from
the date of the application for leave

8. Refusal of leave to be in
accordance with scheme. An
application for leave submitted in
proper time shall not be refused,
unless refusal is in accordance
with the scheme for leave for the
time being in operation.

9. Provisions Under Penalties
and Procedures
[Section 92 to 106]

10. I. General Penalty for Offences [Section
92]: If in any factory there is any
contravention of any of the provisions of this
Act, the occupier and manager of the factory
shall each be guilty of an offence and
punishable with imprisonment for a term
which may extend to two years or with fine
which may extend to 1 lac or with both, and if
the contravention is continued after
conviction, with a further fine which may
extend to 1,000 for each day on which the
contravention is so continued.

11. II.Penalties for Obstructing Inspector :
Whoever wilfully obstructs an inspector in
the exercise of any power conferred on him
by or under this Act, or fails to produce on
demand by an inspector any registers or
other documents in his custody kept in
pursuance of this Act or of any rules made
thereunder, or conceals or prevents any
worker in a factory from appearing before, or
being examined by, an inspector, shall be
punishable with imprisonment for a term
which may extend to six months or with fine
which may extend to 10,000 or with both.

12. III. Penalty for Wrongfully Disclosing
Results of Analysis: Whoever, except in
so far as it may be necessary for the
purposes of a prosecution for any offence
punishable under this Act, publishes or
discloses to any person the results of an
analysis made under Section 91, shall be
punishable with imprisonment for a term
which may extend to six months or with
fine which may extend to 10,000 or with
both.

13. IV. Offences by Workers : I) Subject to
the provisions of Section 111, if any
worker employed in a factory
contravenes any provision of this Act or
any rules or orders made thereunder,
imposing any duty or liability on workers,
he shall be punishable with fine which
may extend to 7500.

14. => Where a worker is convicted of
an offence punishable under sub-
section (1) the occupier or manager
of the factory shall not be deemed to
be guilty of an offence in respect of
that contravention, unless it is
proved that he failed to take all
reasonable measures for its
prevention

15. V. Penalty for Using False Certificate
of Fitness : Whoever knowingly uses or
attempts to use, as a certificate of
fitness granted to himself under Section
70, a certificate granted to another
person under that section, or who, having
procured such a certificate, knowingly
allows it to be used, or an attempt to use
it to be made, by another person, shall be
punishable with imprisonment for a term
which may extend to two months or with
fine which may extend to 1,000 or with

16. VI. Penalty for Permitting Double
Employment of Child : child works in a
factory on any day on which he has
already been working in another factory,
the parent or guardian of the child or the
person having custody of or control over
him or obtaining any direct benefit-from
his wages shall be punishable with fine
which may extend to 1,000, unless it
appears to the Court that the child so
worked without the consent or
connivance of such parent, guardian or
person.

17. Thank you