The Weekly Holidays Act, 1942
ACT No. XVIII of 1942
(For Statement of Objects and Reasons, see Gazette of India, 1941, Pt. V, p.
142, and for Report of Select Committee, see ibid., 1942, Pt. V, p. 55.
The Act has been applied to
It has been extended to,---
(a) The Leased Areas of
(b) the Baluchistan States Union, see the
(c) the Khairpur State, see the Khairpur (Federal Laws) (Extension) Order, 1953
(G. G. O. 5 of 1953) and;
(d) the State of
The Act has been and shall be deemed to have been brought into force in Gwadur
with effect from the 8th September, 1958, by the Gwadur (Application of Central
Laws) Ordinance, 1960 (37 of 1960), s. 2.)
[3rd April, 1942]
An Act to provide for the grant of weekly holidays to persons employed in
shops, restaurants and theatres.
WHEREAS it is expedient to provide for the grant of weekly holidays to persons
employed in shops, restaurants and theatres;
It is hereby enacted as follows:---
1. Short title extent and commencement.- (1) This Act may be called the Weekly Holidays Act, 1942.
(2) It extends to the whole of
(Subs.by the Central Laws (Statute Reform)
Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th
October, 1955), for the original sub-section
(2), as amended by A.O.,1949.) (3)It shall come into force in a Province or in a
specified area within a Province only if the Provincial Government by
notification in the official Gazette so directs.
2. Definition.- In this Act, unless there is anything repugnant in the subject or context,---
(a) “establishment” means a shop, restaurant or theatre;
(b) “day” means a period of twenty-four hours beginning at midnight;
(c) “restaurant” means any premises in which is carried on principally or wholly
the business of supplying means or refreshments to the public or a class of the
public for consumption on the premises but does not include a restaurant
attached to a theatre;
(d) “shop” includes any premises where any retail trade or business is carried
on, including the business of a barber or hair dresser, and retail sales by
auction, but excluding the sale of programs, catalogues and other similar sales
at theatres;
(e) “theatre” includes any premises intended principally or wholly for the
presentation of moving pictures, dramatic performances, or stage entertainments;
(f)”week” means a period of seven days beginning at midnight on Saturday.
3. Closing of shops.- (1) Every shop shall remain entirely closed on one
day of the week, which day shall be specified by the shop-keeper in a notice
permanently exhibited in a conspicuous place in the shop.
(2) The day so specified shall not be altered by the shopkeeper more often than
once in three months.
4. Weekly holidays in shops restaurants and theatres.- Every person
employed otherwise than in a confidential capacity or in a position of
management in any shop, restaurant, or theatre shall be allowed in each week a
holiday of one whole day:---
Provided that nothing in this section shall apply to any person whose total period of employment in the week including any days spent on authorised leave is less than six days or entitle to an additional holiday a person employed in a shop who has been allowed a whole holiday on the day on which the shop has remained closed in pursuance of section 3.
5. Additional half day closing or holiday.- (1) The Provincial Government
may, by notification in the official Gazette, require in respect of shops or any
specified class of shops that they shall be closed at such hour in the afternoon
of one week-day in every week in addition to the day provided for by section 3
as may be fixed by the Provincial Government, and, in respect of theatres and
restaurants or any specified class of either or both, that every person employed
therein otherwise than in a confidential capacity or in a position of management
shall be allowed in each week an additional holiday of one-half-day commencing
at such hour in the afternoon as may be fixed by the Provincial Government.
(2) The Provincial Government may, for the purposes of this section, fix
different hours for different shops or different classes of shops or for
different areas or for different times of the year.
(3) The weekly day on which a shop is closed in pursuance of a requirement under sub-section (1) shall be specified by the shopkeeper in a notice permanently exhibited in a conspicuous place in the shop and shall not be altered by the shop-keeper more often than once in three months.
6. No deduction or abatement to be made from wages.- No deduction or
abatement of the wages of any person employed in an establishment to which this
Act applies shall be made on account of any day or part of a day on which the
establishment has remained closed or a holiday has been allowed in accordance
with sections 3, 4 and 5, and if such person is employed on the basis that he
would not ordinarily receive wages for such day or part of a day he shall
none-the-less be paid for such day or part of a day the wages he would have
drawn had the establishment not remained closed or the holiday not been allowed
on that day or part of a day.
7. Inspector.- (1) The Provincial Government may, by notification in the
official Gazette, appoint persons to be inspectors for the purposes of this Act
within such local limits as it may assign to each such person.
(2) Every inspector appointed under this section shall be deemed to be a public
servant within the meaning of section 21 of the Pakistan Penal Code.XLV of 1860
8. Powers of inspectors.- (1) Subject to any rules made in this behalf by
the Provincial Government, an inspector may, within the local limits for which
he is appointed,---
(a) enter and.remain in any establishment to which this Act applies with such
assistants, if any, being servants of the (Subs.by A.O.,1961, Art.2, for “Crown”
(with effect from the 23rd March, 1956).)[Government], as he thinks fit;
(b) make such examination of any such establishment and of any record, register
or notice maintained therein in pursuance of rules made under clause (c) of
sub-section (2) of section 10, and take on the spot or otherwise such evidence
of any person as he may deem necessary for carrying out the purposes of this
Act;
(c) exercise such other powers as may be necessary for carrying out the purposes
of this Act.
(2) Any person having the custody of any record, register or notice maintained
in pursuance of rules made under clause (c) of sub-section (2)of section 10
shall be bound to produce it when so required by the inspector, but no person
shall be compellable to answer any question if the answer may tend directly or
indirectly to criminate himself.
9. Penalties.- In the event of any contravention of the provisions of
section 3, of section 4, of a requirement imposed by notification under
sub-section (1) of section 5, of section 6, or of the rules made under clause
(c) of sub-section (2)of section 10, the proprietor or other person responsible
for the management of the establishment in which such contravention takes place
shall be publishable with fine which may extend, in the case of the first
offence, to twenty-five rupees, and, in the case of a second or subsequent
offence, to two hundred and fifty rupees.
10. Rules.- (1)The Provincial Government may, subject to the R condition
of previous publication by notification in the official Gazette, make rules for
carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may,---
(a) define the persons who shall be deemed to be employed in a confidential
capacity or in a position of management for the purpose of sections 4 and 5;
(b) regulate the exercise of their powers and the discharge of their duties by
inspectors;
(c) require registers and records to be maintained and notices to be displayed
in establishments to which this Act applies and prescribe the form and contents
thereof.
11. Power of exemption and suspension.- The Central Government in respect
of establishments under its control, and the Provincial Government in respect of
all other establishments within the Province may, subject to such conditions, if
any, as it thinks fit to impose, exempt any establishment to which this Act
applies from all or any specified provisions of this Act, and may, on any
special occasion in connection with fair or festival or a succession of public
holidays, suspend for a fair period the operation of this Act.
