Conditions of Employment Act, 1936

Intervals in work.

48.—(1) It shall not be lawful for any employer to permit any worker employed by him on day work to do for him any industrial work for any period exceeding five hours in any day unless such worker ceases work after a period not exceeding five hours from the time at which he commenced work and does not again commence work until after the expiration of a period (in this section referred to as the interval) of at least half an hour.

(2) It shall not be lawful for any employer to permit any worker, employed by him to do any industrial work on day work, to continue to do such industrial work overtime for more than one and one-half hours after any time limit for day work fixed in respect of any ordinary working day by or under this Act unless immediately before commencing to work overtime such worker has ceased work for a period (in this section referred to as the overtime interval) of at least half an hour.

(3) Save as otherwise provided by this section every employer who employs workers to do industrial work in any industrial undertaking shall fix the interval at the same time for such workers and shall not permit any such industrial work to be carried on during such interval.

(4) Where on the application in writing of any employer the Minister is satisfied that on account of the nature of the industrial work to do which such employer employs workers the fixing of the interval at the same time for all such workers would occasion serious loss, the Minister may by a permit which may at any time be withdrawn by the Minister allow such employer exemption from the provisions of the foregoing sub-section and whenever any such permit is for the time being in force the provisions of the foregoing sub-section shall not apply to such employer in respecet of such industrial work.

(5) Every worker employed on industrial work who is present on the premises of his employer while industrial work is being done on such premises shall, unless he is so present on such premises in contravention of the orders of such employer, be deemed for the purposes of this section to be present on such premises for the purposes of doing the industrial work on which he is so employed.

(6) If any employer acts in contravention of this section he shall be guilty of an offence under this section.