Section 40. Effect of laws and agreements inconsistent with this Act.
(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement, or contract of service whether made before or after the commencement of this Act:
Provided that where under any such award, agreement, contract of service or otherwise an employee is entitled to benefits in respect of any matters which are more favourable to him than those to which he will be entitled to under this Act, the employee shall continue to be entitled to the more favourable benefits in respect of that matter notwithstanding that he receives benefits in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construed as precluding any employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act.
View Act Footnotes
Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.
Page 3
- 1. 10thFebruary, 1970, vide notification No.IIE/2-1/70, dated the 9th February, 1970, in respect of section 3, in the State ofOrissa.
- 2. Ins. by Act 41 of 1993, s. 2 (w.e.f. 22-5-1993).*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammuand Kashmir and the Union territory of Ladakh.
Page 4
- 1. Ins. by Act 41 of 1993, s. 2 (w.e.f. 22-5-1993).
- 2. Added by s. 2, ibid. (w.e.f. 22-5-1993).
Page 6
- 1. Ins. by Act 41 of 1993, s. 3 (w.e.f. 22-5-1993).
Page 7
- 1. Subs. by Act 41 of 1993, s. 4, for “fifty” (w.e.f. 22-5-1993).
Page 8
- 1. Ins. by Act 41 of 1993, s. 5 (w.e.f. 22-5-1993).
- 2. The proviso added by s. 6, ibid. (w.e.f. 22-5-1993).
Page 11
- 1. Ins. by Act 41 of 1993, s. 7 (w.e.f. 22-5-1993)2 . Subs. by s. 8, ibid., for “three months” (w.e.f. 22-5-1993)3 . Subs. by s. 8, ibid., for “five hundred rupees” (w.e.f. 22-5-1993).
Page 13
- 1. Subs. by Act 41 of 1993, s. 9, for certain words (w.e.f. 22-5-1993).
Page 15
- 1. Subs. by Act 41 of 1993, s. 10, for certain words (w.e.f. 22-5-1993).