Section 3 in The Maharashtra Unemployment Allowance Payment To Workmen In Factories (For Temporary Period) Act, 1976
3. Payment of unemployment allowance. —
(1)Where any workman, whose name is borne on the muster roll or, as the case may be, Badli Register, of a factory on, the first day of the temporary period is not provided, with employment therein on any days during the temporary period, due to short working of factories on account of shortage of power or on account of discontinuance or reduction of the supply of power to the factory for contravention of any provisions of the Bombay Electricity (Special Powers) Act, 1946 (Bom. XX of 1946), or of any orders of directions issued thereunder then notwithstanding anything contained in any law for the time being in force, he shall, subject to the provisions of this Act be paid by the employer an unemployment allowance at such rate per day and for such number of days in each calendar month during the temporary period as is provided in sub-section (2) of this section.(2)The rate of unemployment allowance payable shall be equal to 50 per cent. of the total of the basic wages and dearness allowance that would have been payable to him had he been provided with employment during the temporary period:Provided that where the unemployment is on account of discontinuance or reduction of the supply of power for the reasons stated in sub-section (1), the rate of allowance payable shall be hundred per cent. of the total of the basic wages and dearness allowance.The number of days in each calendar month for which the unemployment allowance shall be paid at the rate aforesaid shall be equal to the average of the total number of days in each month on which a workman has actually worked during a period of one year immediately before the commencement of the temporary period:Provided that, such number of days in each calendar month shall not exceed the number of days in that month on which he is not provided with unemployment.Explanation. — Where the interval between two or more temporary periods is less than one year, then for calculating the period of one year in relation to the last of such temporary periods for the purposes of this sub-section, the temporary period or periods immediately before such last temporary period shall be excluded.(3)In computing the amount of unemployment allowance, the amount payable shall, where necessary, be rounded off to the nearest rupee, fractions of fifty paise and over being counted as one, and less than fifty paise being disregarded.(4)Where a workman does not actually work for the full number of hours on any day, then in counting the number of days on which he has actually worked on such days, the number of hours during which a workman has worked on each such day shall be added together to ascertain the number of days.
