Sales Promotion Employees (Conditions of Service) Act, 1976
No: 11 Dated: Jan, 25 1976
Sales Promotion Employees (Conditions of Service) Act, 1976
(Act No. 11 of 1976)
An Act to regulate certain conditions of service of sales promotion employees in certain establishments.
Be it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:-
1. Short title, extent, commencement and application.—(1) This Act may be called the Sales Promotion Employees (Conditions of Service) Act, 1976.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States.
(4) It shall apply in the first instance to every establishment engaged in pharmaceutical industry.
(5) The Central Government may, by notification in the Official Gazette, apply the provisions of this Act, with effect from such date as may be specified in the notification, to any other establishment engaged in any notified industry
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “establishment” means an establishment engaged in pharmaceutical industry or in any notified industry;
(b) “notified industry” means an industry declared as such under section 3;
(c) “prescribed” means prescribed by rules made under this Act; 2
[(d) “sales promotion employees” means any person by whatever name called (including an apprentice) employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business, or both, but does not include any such person—
(i) who, being employed or engaged in a supervisory capacity, draws wages exceeding sixteen hundred rupees per mensem; or
(ii) who is employed or engaged mainly in a managerial or administrative capacity.
Explanation.—For the purposes of this clause, the wages per mensem of a person shall be deemed to be the amount equal to thirty times his total wages (whether or not including, or comprising only of, commission) in respect of the continuous period of his service falling within the period of twelve months immediately preceding the date with reference to which the calculation is to be made, divided by the number of days comprising that period of service;]
(e) all words and expressions used but not defined in this Act and defined in the Industrial Disputes Act, 1947 (14 of 1947), shall have the meanings respectively assigned to them in that Act.
3. Power of Central Government to declare certain industries to be notified industries.—The Central Government may, having regard to the nature of any industry (not being pharmaceutical industry), the number of employees employed in such industry to do any work relating to promotion of sales or business or both, the conditions of service of such employees and such other factors which, in the opinion of the Central Government, are relevant, declare such industry to be a notified industry for the purposes of this Act.