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The Goa Shops and Establishments Act, 1973 — Physical PDF page 10 of 23

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Catalogue jurisdiction: Goa; territorial applicability is unverified.

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                                       CHAPTER VI

                           Leave and Holidays with wages

   23. Leave.— (1) Every employee who has served for a period of two hundred and
forty days or more during a continuous period of twelve months in any establishment
shall be entitled during the subsequent period of twelve months, to leave with wages for a
period of fifteen days:

   Provided that such leave with wages may be accumulated upto a maximum period of
forty-five days:

   Provided further that any continuous period of service in an establishment preceding
the date on which this Act applies to that establishment shall also count, subject to a
maximum period of twelve months:

   Provided also that any leave accumulated by an employee in an establishment under
the law applicable to that establishment preceding the date on which this Act applies to it,
                                                              e
shall not be affected.
                                                        od
  (2) An employee may apply in writing to the employer, not less than seven full
                                                  aC
working days before the date of availing himself of his leave, to allow all the leave or any
portion thereof, to which he is entitled under sub-section (1):
                                             di
                                         In
   Provided that the number of instalments for taking leave shall not exceed three during
a period of twelve months.

   (3) An employee who has been allowed leave for not less than five days under sub-
section (2) shall, before his leave begins, be paid the wages due for the period of the leave
allowed if he makes a request therefor.

   (4) Every employee in any establishment shall also be entitled during his first twelve
months of continuous service and during every subsequent twelve months of such
service—

     (a) to leave with wages for a period not exceeding nine days, on the ground of any
  sickness incurred or accident sustained by him; and

     (b) to casual leave with wages for a period not exceeding six days on any reasonable
  ground.

   (5) If an employee entitled to any leave under sub-section (1), is discharged by his
employer before he has been allowed such leave, or if the leave applied for by such
employee has been refused and if 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
period of leave.

   (6) If an employee is lawfully 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 was entitled at the time of his
discharge in addition to the amount, if any, payable to him under sub-section (3).

  (7) An employee in a hostel attached to a school or college or in an establishment
maintained in connection with the boarding and lodging of pupils and resident masters,