3. Section 5 of the principal Act is hereby amended as follows : -
| (1) by the repeal of subsection (1) of that section and the substitution therefor of the following new subsection : -
| | " (1) Every person employed in or about the business of any shop or office shall, in respect of each week, be allowed one whole [Act No. 18 of 1965-18th December, 1965 30th March, 1963.]* *See section 56 (1) of Act No. 18 of 1965. holiday and one half-holiday. Such holidays shall be so allowed with full remuneration if such person has worked for not less than twenty-eight hours, exclusive of any period of overtime work, during that week: | | |
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| (2) by the renumbering of subsection (2) of that section as paragraph (a) of that subsection ; |
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| (3) in renumbered paragraph (a) of the said subsection (2), by the substitution, for all the words and figure from " The holidays due" to " immediately succeeding: ", of the following: - |
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| (4) by the insertion, immediately after renumbered paragraph (a) of the said subsection (2), of the following new paragraphs : -
| | " (b) A person to whom the provisions of subsection (1) apply may, notwithstanding the provisions of paragraph (a) of this subsection, be employed for a normal period of employment on either or both a Poya Day and the day immediately preceding a Poya Day, such days not being holidays declared by Order under section 7, if, not being a person to whom the first proviso to the said paragraph (a) applies, such person is remunerated at double the rate at which he is ordinarily remunerated for such employment on any day, and is also allowed either or both, as the case may be, one whole holiday and one half-holiday on or before the seventh day immediately succeeding such Poya Day or day immediately preceding a Poya Day which shall be in addition to any other holiday to which he may be entitled under any of the provisions of this Act. | | |
| | (c) Subject to the provisions of paragraph (d) of this subsection, the preceding provisions of this subsection shall not apply to a person employed in or about the business-
| | | (i) of a shop to which a closing order under section 40 is made applicable and in which the full closing day and the half closing day specified in that order are not the Poya Day and the day immediately preceding such Poya Day ; or |
| (ii) of a shop situated in any premises where the only trade or business carried on is that of a chemist, druggist, pharmacist, optician, dealer in surgical goods, or dealer in ayurvedic medicines ; or |
| (iii) of a butcher's shop, a shop in which the sale of fresh fish is carried on, a florist's shop, an ice merchant's shop, a photographer's shop, a tobacconist's shop, or a shop used for the sale of any one or more of the following commodities, namely, fresh fruit, fresh vegetables, betel, chewing tobacco, arecanuts, grass, straw and poonac ; or |
| (iv) of a restaurant, an eating house, a cafe, a tea kiosk, a petrol service station, a dairy, a milk bar, a cinema, a play house or other place of public entertainment or amusement, a news agent, a book stall at a railway station or at a hotel, a bakery, a shop in which the wholesale or retail business of supplying stores to ships is carried on, or a shop in which the sale of medicinal herbs is carried on. |
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| | (d) In any case referred to in sub-paragraphs (i) to (iv) of paragraph (c) of this subsection, any person to whom any such sub-paragraph applies shall instead be allowed the holidays, with or without full remuneration, as the case may be, due to him under subsection (1) in respect of any week either in that week or in the week immediately succeeding " and | | |
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| (5) by the substitution, in subsection (3) of that section, for the expression " section 7 or", of the expression " section 7 or Part Ia or ". |
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Sri Lanka Consolidated Acts