The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 — Physical PDF page 12 of 18

12                           The Maharashtra Shops and Establishments                    [2017 : Mah. LXI
                         (Regulation of Employment and Conditions of Service)
                                              Act, 2017
      Provided that, if a worker is entitled to leave other than causal and festival leave under this
section, is discharged by his employer before he has been allowed the leave, or if, having applied for
and having been refused the leave, he quits his employment on account of retirement, resignation,
death or permanent disability, the employer shall pay him full wages for the period of leave due to him.
      (7) A worker shall be entitled to eight paid festival holidays in a calendar year, namely, 26 th
January, 1st May, 15th August and 2nd October and four such other festival holidays as may be agreed to
between the employer and the workers as per the nature of business, before the commencement of the
year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his
wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:
     Provided that, the employer may require any worker to work in the establishment on all or any of
these days, subject to the conditions that for such work the worker shall be paid double the amount of
the daily average wages and also leave on any other day in lieu of the compulsory holiday.
     (8) For the purpose of sub-section (3),—
          (a) any days of lay-off, by agreement or contract or as permissible under the model standing
     orders or standing order certified under Industrial Employment (Standing Orders) Act, 1946 (26
     of 1946);
          (b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits
     Act, 1961 (53 of 1961);
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           (c) the leave earned in the year prior to that in which the leave is availed; or
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          (d) the worker has been absent due to temporary disablement caused by accident arising out
     of and in the course of his employment,
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shall be deemed to be days on which the worker has worked in any establishment for the purpose of
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computation of the period of two hundred and forty days or more, but shall not earn leave for these
days.
     (9) The leave admissible under this section shall be exclusive of all holidays whether occurring
during or either at the end of the period of leave.
      (10) Every worker shall be paid for the period of his leave earned under sub-sections (3) and (4)
at a rate equivalent to the daily average of his wages for the days on which he actually worked during
the preceding three months, exclusive of any earnings in respect of overtime.

                                              CHAPTER V
                                          WELFARE PROVISIONS
     19. Health and safety of workers.— (1) Every employer shall take such measures relating to
the health and safety of the workers including cleanliness, lighting, ventilation and prevention of fire as
may be prescribed.

     (2) Every employer shall be responsible for providing constant adequate supervision of the
workers employed in the establishment and to ensure the compliance with the rules relating to health
and safety made under sub-section (1) and for taking steps necessary to prevent accidents.

     20. First-aid.— Every employer shall provide at the place of work first-aid facilities as may be
prescribed.

     21. Drinking water.— The employer shall make effective arrangements to provide and maintain
at suitable points conveniently situated for all persons employed in the establishment, a sufficient
supply of wholesome drinking water.

    22. Latrines and urinals.— The employer shall provide sufficient latrine and urinal for men and
women as may be prescribed and these shall be so conveniently situated as may be accessible for the
workers employed in the establishment :