Labour Code Advisor

CHAPTER VII - WAGES AND LEAVE

Section 27. Annual leave with wages.

(1) Without prejudice to such holidays as may be prescribed, every motor transport worker who has worked for a period of two hundred and forty days or more in a motor transport undertaking during a calendar year shall be allowed during the subsequent calendar year leave with wages for a number of days calculated at the rate of—

(a) if an adult, one day for every twenty days of work performed by him during the previous calendar year; and

(b) if an adolescent, one day for every fifteen days of work performed by him during the previous calendar year.

(2) A motor transport worker 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 (a) or, as the case may be, clause (b) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.

(3) If a motor transport worker is discharged or dismissed from service during the course of the year, he shall be entitled to leave with wages at the rate laid down in sub-section (1), even if he has not worked for the entire period specified in sub-section (1) or sub-section (2) entitling him to earned leave.

(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 a motor transport worker 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 in the succeeding calendar year:

Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of an adolescent.

(6) In this section “calendar year” means the year commencing on the first day of January.

Explanation.—For the purposes of this section, leave shall not include weekly holidays or holidays for festival or other similar occasions whether occurring during or at either end of the period of leave.

View Act Footnotes

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

Page 3

  • 1. 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).
  • 2. The Act has been brought into force as follows:—26th January, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Madhya Pradesh.1st February, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Assam, Kerala, Mysore, Orissa, Punjab, Andaman & Nicobar Iclands, Delhi and Himachal Pradesh.1st March, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in West Bengal.31st March, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Madras, Maharashtra and Uttar Pradesh.1st February, 1962, vide notification No. S.O. 310, dated 30th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Andhra Pradesh.1st February, 1962, vide notification No. S.O. 382, dated 31st January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Rajasthan.15th February, 1962, vide notification No. S.O. 468, dated 9th February, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Tripura.1st March, 1962, vide notification No. S.O. 573, dated 16th February, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Bihar.31st March, 1962, vide notification No. S.O. 781, dated 9th March, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Gujarat and Manipur.
  • 3. The proviso added by s. 2 and the Schedule, ibid. (w.e.f. 1-9-1971).
  • 4. Subs. by Act 61 of 1986, s. 25, for “fifteenth” (w.e.f. 23-12-1986).*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu andKashmir and the Union territory of Ladakh.

Page 4

  • 1. Subs. by Act 61 of 1986, s. 25, for “fifteenth” (w.e.f. 23-12-1986).

Page 12

  • 1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).

Page 13

  • 1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).