Labour Code Advisor

Section 9. Deductions for absence from duty.

(1) Deductions may be made under clause (b) of sub-section (2) of section 7 only on account of the absence of an employed person from the place or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work. (2) The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduction is made a large proportion than the period for which he was absent bears to the total period, within such wage-period, during which by the terms of his employment, he was required to work: Provided that, subject to any rules made in this behalf by 5[appropriate Government], if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice.

6[Explanation.—For the purposes of this section, an employed person shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his work.]

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Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

  • 1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Schedule to Dadra and Nagar Haveli byReg. 6 of 1963, s. 2 and the First Schedule to Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule and to Lakshadweepby Reg. 8 of 1965, s. 3 and the Schedule.
  • 2. Subs. by Act 38 of 1982, s. 2 for “persons employed in industry” (w.e.f. 15-10-1982).
  • 3. Subs. by the A.O. 1950, for sub-section (2).
  • 4. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
  • 5. 28th March 1937, see Gazette of India, 1937, Pt. I, pg. 626.
  • 6. Subs. by Act 38 of 1982, s. 3, for “factory and to persons” (w.e.f. 15-10-1982).
  • 7. Ins. by s. 3, ibid. (w.e.f. 15-10-1982).
  • 8. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 9. Subs. by Act 68 of 1957, s. 2, for “the Act” (w.e.f. 1-4-1958.)10. Subs. by Act 38 of 1982, s. 3, for “any industrial establishment or in any class or group of industrial establishments”(w.e.f. 15-10-1982).11. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).12. Subs. by Act 38 of 1982, s. 3, for the proviso (w.e.f. 15-10-1982).13. Subs. by Act 41 of 2005, s. 2, for sub-section (6) (w.e.f. 9-11-2005).14. Subs. by S.O. 2806 (E), dated 28-8-2017, for “eighteen thousand rupees”, see Gazette of India, Extraordinary, Part II, s. 3(ii).15. Ins. by s. 4, ibid. (w.e.f. 9-11-2005).

Page 4

  • 1. Subs. by Act 53 of 1964, s. 3, for clause (i) (w.e.f. 1-2-1965).
  • 2. Clauses (i), (ia) and (ib) renumbered as clauses (ia), (ib) and (ic) thereof by Act 41 of 2005, s. 4 (w.e.f. 9-11-2005).
  • 3. Subs. by Act 38 of 1982, s. 4, for „ “industrial establishment” means‟ (w.e.f. 15-10-1982).
  • 4. Subs. by Act 53 of 1964, s. 3, for sub-clause (a) (w.e.f. 1-2-1965).
  • 5. Subs. by Act 68 of 1957, s. 3, for item (c) (w.e.f. 1-4-1958.)
  • 6. Ins. by s. 3, ibid. (w.e.f. 1-4-1958.)
  • 7. Ins. by Act 38 of 1982, s. 4 (w.e.f. 15-10-1982).
  • 8. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).
  • 9. Ins. by Act 53 of 1964, s. 3 (w.e.f. 1-2-1965).10. Subs. by s. 3, ibid., for clause (iii) (w.e.f. 1-2-1965).11. Subs. by Act 41 of 2005, s. 4, for clause (v) (w.e.f. 9-11-2005).

Page 5

  • 1. Subs. by Act 68 of 1957, s. 3, for clause (vi) (w.e.f. 1-4-1958.)
  • 2. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 3. Subs. by s. 5, ibid.,for section 3 (w.e.f. 9-11-2005).

Page 6

  • 1. Subs. by Act 38 of 1982, s. 6, for “industrial establishment” (w.e.f. 15-10-1982).
  • 2. Added by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
  • 3. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 4. Ins. by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).
  • 6. Subs. by Act 53 of 1964, s. 5, for “All payments” (w.e.f. 1-2-1965).

Page 7

  • 1. Subs. by Act 1 of 2017, s. 2, for section 6 (w.e.f. 28-12-2016).
  • 2. Subs. by Act 41 of 2005, s. 6, for “sub-section (2) of section 47 of the Indian Railways Act, 1890 (9 of 1890)” (w.e.f. 9-11-2005).
  • 3. Explanation renumbered as Explanation I thereof by Act 68 of 1957, s. 5 (w.e.f. 1-4-1958).
  • 4. Ins. by s. 5, ibid. (w.e.f. 1-4-1958).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. Subs. by Act 68 of 1957, s. 5, for clause (d) (w.e.f. 1-4-1958).
  • 7. The words “Governor-General in Council or” omitted by the A.O. 1937.
  • 8. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 9. Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “this sub-clause” (w.e.f. 20-12-1974).

Page 8

  • 1. Subs. by Act 53 of 1964, s. 6, for clause (f) (w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 3. Subs. by s. 6, ibid., for “in section 58A of the Indian Income-tax Act, 1922” (w.e.f. 9-11-2005).
  • 4. The word “and” omitted by Ordinance 3 of 1940, s. 2.
  • 5. Ins. by Act 42 of 1971, s. 6 (w.e.f. 4-12-1971).
  • 6. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 7. Added by Ordinance 3 of 1940, s. 2
  • 8. Subs. by Act 68 of 1957, s. 5, for clause (k) (w.e.f. 1-4-1958).
  • 9. Ins. by Act 38 of 1982, s. 7 (w.e.f. 15-10-1982).

Page 9

  • 1. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 2. Ins. by Act 29 of 1976, s. 4 (w.e.f. 12-11-1975).
  • 3. Ins. by Act 19 of 1977, s. 2 (w.e.f. 30-6-1977).
  • 4. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 5. Subs. by Act 41 of 2005, s. 6, for “the Indian Railways Act, 1890” (w.e.f. 9-11-2005).

Page 11

  • 1. Subs. byAct 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 2. Subs. by Act 38 of 1982, s. 8, for “half-an-anna in the rupee” (w.e.f. 15-10-1982).
  • 3. Subs. by Act 41 of 2005, s. 7, for “sixty days” (w.e.f. 9-11-2005).
  • 4. Subs. by Act 38 of 1982, s. 8, for “industrial establishment” (w.e.f. 15-10-1982).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. Added by Act 22 of 1937, s. 2 (w.e.f. 14-4-1937).

Page 12

  • 1. Subs. by Act 53 of 1964, s. 7, for sub-section (1) (w.e.f. 1-2-1965).
  • 2. The words “the Governor-General in Council or” omitted by the A.O. 1937.
  • 3. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 4. Ins. by Act 53 of 1964, s. 8 (w.e.f. 1-2-1965).
  • 5. Ins. by s. 9, ibid. (w.e.f. 1-2-1965).
  • 6. Ins. by Ordinance 3 of 1940, s. 3.

Page 13

  • 1. Ins. by Act 53 of 1964, s. 10 (w.e.f. 1-2-1965).
  • 2. Subs. by Act 68 of 1957, s. 6, for “sub-section (1) of section 10 of the Factories Act, 1934” (w.e.f. 1-4-1958).
  • 3. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005)
  • 4. Subs. by Act 38 of 1982, s. 9, for “industrial establishments” (w.e.f. 15-10-1982).
  • 5. Subs. by Act 53 of 1964, s. 11, for sub-section (4) (w.e.f. 1-2-1965).
  • 6. Subs. by Act 38 of 1982, s. 9, for “industrial establishment” (w.e.f. 15-10-1982).
  • 7. Subs. by s. 9, ibid., for “Code of Criminal Procedure, 1898” (w.e.f. 15-10-1982).
  • 8. Subs. by s. 9, ibid.,for “section 98” (w.e.f. 15-10-1982).

Page 14

  • 1. Ins. by Act 53 of 1964, s. 12 (w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 8, for sub-section (1) (w.e.f. 9-11-2005).
  • 3. Subs. by Act 53 of 1964, s. 13, for “six months” (w.e.f. 1-2-1965).
  • 4. Subs. by Act 41 of 2005, s. 8, for sub-section (3) (w.e.f. 9-11-2005).

Page 15

  • 1. Subs. by Act 53 of 1964, s. 13, for sub-section (4) (w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 8, for “not exceeding fifty rupees” (w.e.f. 9-11-2005).
  • 3.Subs. by s. 3, ibid., for “the State Government” (w.e.f. 9-11-2005).

Page 16

  • 1. Ins. by Act 53 of 1964, s. 14 (w.e.f. 1-2-1965).
  • 2. Subs. by s. 14, ibid., for “the maximum compensation that may be awarded under sub-section (3) of section 15 shall be tenrupees per head” (w.e.f. 1-2-1965).
  • 3. Subs. by Act 68 of 1957, s. 7, for “An appeal against a direction made under sub-section (3) or sub-section (4) of section 15”(w.e.f. 1-4-1958).
  • 4. Subs. by s. 7,ibid., for “the direction” (w.e.f. 1-4-1958).
  • 5. The words “or in Rangoon” omitted by the A.O. 1937.

Page 17

  • 1. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).
  • 2. Subs. by s.15, ibid., for clause (b) (w.e.f. 1-2-1965).
  • 3. Subs. by Act 20 of 1937, s. 2 and the First Schedule, for “sub-section (5) (w.e.f. 14-4-1937).
  • 4. Subs. by Act 68 of 1957, s. 7, for sub-section (2) (w.e.f. 1-4-1958).
  • 5. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).
  • 6. Ins. by Act 68 of 1957, s. 8 (w.e.f. 1-4-1958).
  • 7. Subs. by Act 53 of 1964, s. 16, for “any official of a registered trade union authorised in writing to act on his behalf"”(w.e.f. 1-2-1965).

Page 18

  • 1. Subs. by Act 38 of 1982, s. 10, for “Chapter XXVI of the Code of Criminal Procedure, 1973” (w.e.f. 15-10-1982).
  • 2. Subs. by Act 53 of 1964, s. 18, for “section 5 and sections 7 to 13” (w.e.f. 1-2-1965).
  • 3. Subs. by Act 41 of 2005, s. 9, for “with fine which shall not be less than two hundred rupees but which may extend to onethousand rupees” (w.e.f. 9-11-2005).
  • 4. Subs. by Act 53 of 1964, s.18, for “section 6” (w.e.f. 1-2-1965).
  • 5. Subs. by Act 41 of 2005, s. 9, for “with fine which may extend to five hundred rupees” (w.e.f. 9-11-2005).
  • 6. Ins. by Act 41 of 2005, s. 9 (w.e.f. 9-11-2005).
  • 7. Ins. by Act 53 of 1964, s.18 (w.e.f. 1-2-1965).

Page 19

  • 1. Subs. by Act 38 of 1982, s. 11, for “industrial establishment” (w.e.f. 15-10-1982).
  • 2. Subs. by Act 41 of 2005, s. 9, for “with fine which shall not be less than two hundred rupees but which may extend to onethousand rupees” (w.e.f. 9-11-2005).
  • 3. Subs. by s. 9, ibid., for “with fine which shall not be less than five hundred rupees but which may extend to three thousandrupees” (w.e.f. 9-11-2005).
  • 4. Subs. by s. 9, ibid.,for “one hundred rupees” (w.e.f. 9-11-2005).
  • 5. Ins. by Act 53 of 1964, s.19 (w.e.f. 1-2-1965).

Page 20

  • 1. Ins. by Act 53 of 1964, s. 20(w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 10, for section 24 (w.e.f. 9-11-2005).

Page 21

  • 1. Subs. by Act 38 of 1982, s. 12, for “employed in a factory” (w.e.f. 15-10-1982).
  • 2. Subs. by s. 12, ibid., for “displayed in such factory” (w.e.f. 15-10-1982).
  • 3. Subs. by s. 12, ibid.,for “in the factory” (w.e.f. 15-10-1982).
  • 4. Ins. by s. 13, ibid. (w.e.f. 15-10-1982).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. The words “subject to the control of the Governor-General in Council,” omitted by the A.O. 1937.
  • 7. Subs. by Act 53 of 1964, s. 22, for “and prescribed the form thereof” (w.e.f. 1-2-1965).

Page 22

  • 1. Ins. by Act 53 of 1964, s. 22 (w.e.f. 1-2-1965).
  • 2. The word “and” omitted by Act 53 of 1964, s. 22 (w.e.f. 1-2-1965).
  • 3. The word “and” omitted by Act 38 of 1982, s. 14 (w.e.f. 15-10-1982).
  • 4. Ins. by s. 14, ibid. (w.e.f. 15-10-1982).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. Subs. by s. 11, ibid.,for “which may extend to two hundred rupees” (w.e.f. 9-11-2005).
  • 7. Subs. by Act 38 of 1982, s. 14, for “two successive sessions” (w.e.f. 15-10-1982).
  • 8. Subs. by s. 14, ibid.,for “in which it is so laid or the session immediately following” (w.e.f. 15-10-1982).
  • 9. Ins. by Act 41 of 2005, s. 11 (w.e.f. 9-11-2005).
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