(1) The provisions of this Chapter shall not operate to the prejudice of any rights to which a worker may be entitled under any other law or under the terms of any award, agreement, or contract of service:
Provided that where such agreement or contract of service provides in section 30, include weekly holidays or holidays for festivals or other similar occasions.
Explanation.- For the purposes of this Chapter leave shall not, except as provided in section 30, include weekly holidays or holidays for festivals or other similar occasions.
(1) Every worker shall be allowed leave with wages for a number of days calculated at the rate of-
(a) If an adult, one day for every twenty days of work performed by him, and
(b) If a young person, one day for every fifteen days of work performed by him:
Explanation I - For the purposes of calculating leave under this sub-section,-
(a) Any day on which no work or less than half a days work is performed shall not be counted.; and
(b) Any day on which half or more than half a day's work is performed shall be counted as one day Explanation 2- The leave admissible under this sub-section shall be exclusive of all holidays, whether occurring during or at either end of, the period of leave.
(2) If a worker does not in any one period of twelve months take the whole of the leave allowed to him under sub-section (1).any leave not taken by him shall be added to the leave t be allowed to him under that sub-section in succeeding period of twelve months.
(3) A worker shall cease to earn any leave under this section when the earned leaved due to him amounts to thirty days.
(4) If the employment of a worker who is entitled to leave under this section is terminated by the employer before he has taken the entire leave to which he is entitled, the employer shall pay him the amount payable under section 31 in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after such termination.
(1) For the leave allowed to a worker under section 30, he shall be paid,-
(a) If employed wholly on a time-rate basis, at a rate equal to the daily wage payable to him immediately before the commencement of such leave under any law of under the terms of any award agreement or contract of service, and
(b) In other cases, including cases where be is, during the preceding twelve calendar months, paid partly on a time-rate basis and partly on a piece-rate basis, at the rate of the average daily wage calculated over the preceding twelve calendar months.
Explanation.- For the purpose of clause (b) of sub-section (1), the average daily wage shall be computed on the basis of his total full-time earnings during the preceding twelve calendar months, exclusive of any over-time earnings or bonus, if any, but inclusive of dearness allowance.
(1A) In addition to the wages for the leave period at the rates specified in sub-section (1), a worker shall also be paid the cash value of food and other concessions, if any, allowed to him by the employer in addition to his daily wages unless these concessions are continued during the leave period.
(2) A worker who has been allowed leave for any period not less, than four days in the case of an adult and five days in the case of a young person under section 30 shall, before his leave begins, be paid his wages for the period of the leave allowed.
(1) Subject to any rules that may be made in this behalf, every worker shall be entitled to obtained from his employer.-
1*in the case of sickness certified by a qualified medical practitioner, sickness allowance, at such rate, for such period and at such intervals as may be prescribed.
(2) The State Government may make rules regulating the payment of sickness allowance and any such rules may specify the circumstances in which such allowance shall not be payable or shall cease to be payable, and in framing any rules under this section the State Government shall have due regard to the medical facilities that may be provided by the employer in any plantation.
32A. Notice of Accident.-
Where in any plantation, an accident occurs causes death or which causes any bodily injury to a worker by reason of which the worker injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such a nature as may be prescribed in this behalf, the employer thereof shall sent notice thereof to such authorities, in such form, and within such time, as may be prescribed.
32B.Register of accidents.-
The employer shall maintain a register of all accidents which occur in the plantation in such form and in such manner as may be prescribed.
The employer shall give compensation to a worker in plantation in case of accident and the memorandum relating to such compensation shall be got registered by the employer with the Commissioner in accordance with the provisions of the Workmen's Compensation Act, 1923.
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