Amendment status not verified — confirm the current text below against the official source.
Clause (i) of Sub-Section (1) of Section (16) and Words ‘in any other case’ used in clause (iii) deleted by Act 25 of 2007. 20| Bihar Shops & Establishments Act, 1953 | Sec. 16 (2)(i) 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. (ii) An employee whose service commences, otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or as the case may be, clause (ii) of sub-section (1) if he has worked for two third of the total number of days in the remainder of the calendar year. (3) An employee who has been employed for a period of not less than one hundred and twenty days shall be entitled to leave with wages at the rate prescribed in clause (i) or clause (ii) of sub-section (1), as the case may be, if the ratio of the number of days of his employment is not less than the ratio which 240 bears to 365, and the employer shall pay to him the amount payable under section 17 in respect of the leave with wages to which he is deemed to have become entitled. (4) In calculating leave under this section, fraction of leave of half-a-day or more shall be treated as one full day’s leave, and fraction of less than half-a-day shall be omitted. (5) If an employee does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him under that sub-section in the succeeding calender year : 1[Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed forty-five days.] 2[xxx] (6) An employee may at any time apply in writing to the employer, not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during that calendar year under sub-section (1) or sub- section (3), as the case may be: Provided that the number of installments in which the leave is proposed to be taken shall not exceed three. (7) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused without sufficient cause to be recorded in writing: Provided that an employee aggrieved by such refusal may appeal in the prescribed manner to the prescribed authority who shall, if he is satisfied after hearing the parties that such refusal was without sufficient cause, award such compensation to the employee as such authority may consider fair and equitable. 3[(8) When earned leave is refused to an employee having to his credit such leave for forty-five days, he shall be entitled, in respect of the period covered by the refusal, to an amount which would have been payable to him as wages for the period in case he had been on leave during that period. The amount payable under this sub-section shall he in addition to the normal wages payable for the period. On an employee receiving the said amount the leave to his credit shall be reduced by the number of days in respect of which such amount is received.]