 ·but··'ne us of 1'" 'e , tile sales pltonotion ~mp~oyee$ (conditions of service) amendment bill '1985 a biufurther to amend the sales promotion bmployees (condititms of service) act, 1976 be it enacted by parliament in the thirty-auttb year of the repubuc ~f india as follows:-· title add 1 (l) this act may be call~ the sales ptomotfon employee  'con~uions of service) amendment act 1$85 short coillideiwemeat 5 (~) it shall come into force on such date as the €entral ~vernment may, by notification in the official gazette appoint z in section 2 of the sales promotion employees (conditions of amend~ ·semqe) act, ih6 (hereinafter -referred to as the principal act), for ment of ~(-d),tbefouowing clause shall be subt;tituted, namely:-section 3 10 '(d) "sales promotion employee" means any person by whatever nameca1led (incl\ldid' an apprentice) employed or engaged in any ·  hutbment f8i' hue ,or reward to do ai\j work _latipg to promotion· "f -ille er bwiiaea,or both,  but dees -dqt include any such ,peron- ~ ,- 'i, ,  ' (i) who, betn employed - engaged in a' supervisory  ~im~ty, -~ wa,  eun'· sfdrte huadrwd rupees per' mensem; or (d) who is employed or engaged- mainly in a man~rlal or administrative capacity  e3:planation  for the purpoees of tlds clause the wages per mensem of a person shall be deemed to be the amount equal to thirty times his total wlges (whether or not including, or comprising j 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 thecalculatiod is to be made, divided by the number of days comprising that period of mrvie;' , amedd" meat of _tioa 4 3 seciion 4 of the principal act shall be re-numbered and shall be deemed to have been re-numbered with effect from the 8th, day of march, , 1976 as sub-section (1) thereot and-(rr) in sub-~ction (1), as so re-numbered, in the opening portion, the words and brackets "drawing wager (being wages, not including 15 any commission) tt shal] be omitted: (b) after sub-section (1), as so re-numbered, the fouowing subsections shall be inserted and shall be deemed to have been inserted with effect 'from the 8th day of march, 19'76, natnely:-"'(2) the maximum limit up to which a sales promotion!zo ;,:,~,~ :, 'ejdplo~·1'i1ay accumulate earned leave shslll be such u'may be prescrlbed (3) the limit up t~ which the earned 1eave" maybe awued of at a time by a sales promotion employee and the reasons for which such limit may be exceeded shall be such as' may be ~5 pre~bed  (4) a ,sales promotion employee shau,-(a) when he voluntarily relinquishes his post or retires  from service or ' (b) when his services are tenninated for any reason 30 whatsoever (not bl!ing termination as punis~ent), be entitled to cash compensation, subject to such conditions and restrictions  as may be prescribed (including contutions by way of specifying the maximum period for which 'such cash compensation shall be payable), in respect of the earned leave earned 35 by him and 'not availed of  (5) where a sales promotion employee dies whue in  service, his heirs shall be entitl~ to cash compensation for the eamad leave earned by him and not availed of  (6) 'nte cash ~ompensatlon which will bepyable to 8 lalel 40 promotion emp~oyee or, as the case 'may be, his ftehos in respect of any period ot'earned'leave tor which he or hts:'hetrs, u the case may be, hi or are entitled to cash compensatl~uilder sub netion c" dr sub·slletian (8) ;81tbe c::8se may be, shall ~ 8jl uiount'eqltaj to' th;~' wac-· due -te such  les premotton employm  , tor sut'h periot'j"  4 in section 6 of the principal act, after sub-section (6), the follow amead-ing sub-section shall be inserted, namely:-ment of section 6 ii (1) notwithstanding anything contained in the foregoing iublectioap,-' "(4) in the application of any act 'referred to in any of the 5 sat~ bub-sections to sales promotion employees the wages of a ' - '1i8~' promotion employee for the purposes of such act, shall be deemed to he his wages as computed in accordance with the provitions of this act; 10 (b) where an act referred to in any of the said sub-sections provides for a ceiling: limit as to wages so as to exclude from the 'purview of the application of such act persons whose wages exceed ,such ceiling limit, such act shall not apply to any sales promotion employee whose wages as computed  in accordance with the provisions of this act exceed such ceiling limit" 15 amendment of ieclion 12 ,5 in section 12 of tbeprincipal act,' in clause (a) of 'sub-section (2), ,iter the words "sale:s promotion employee", the words oj, the limit ','up toi which he,may a-:cq"lulat, earned leave, ~:limit up to which he jnay avail of ,earned leave at a time and the reasons for which such 20limlt may be exceeded, the conditions and restrictions subject to which he 'ml1y be entitled to ·cash compensation" shall be insertedaoo &hall be deemed to have been inserted with effect from the 8thdyof march, 1976  , the sales promotion employees (conditions of service) act, 1978 was enacted to regulate certain conditions of service of sales promotion employees as defined in that act this, definition of "sales promotion employee" is somewhat restricted as a covers only sales promotion employees drawing wages not exceeding the ceiling limits provided in the definition; the ceiling limits being ri 750 per'mensem in the case of persons drawing wages not including any co~sion, tm8 'rs 9,000 per annum in the aggregate in the case of persons drawing wages including conimission, 'or commission only 2 section 4 of ·the act makes specific provisions ~lating to conditions of service'-of sales"promouonelllployees·as to leave, while section 5 ,of the act provides for issue of appointment "letters in the ,prescribed form to sales promotion employees section 6 of the act makes the provisions of the worlanen'!l compensation act, 1923, the industrial disputes act, 1947, the minimum w~ges act, 1948, the maternity benefit act, 1961, the payment of bonus act, 1965 and the payment of gratuity act, 1972 applicable to sales promotion employees in the same manner as those acts are applicable to wor19nen or, as ·the case may be, employeel 3 in order to make available the benefits under the act to a larger number of sales promotion employees, it is proposed to amend the definitiun of "&ales promotion employees" contained in the act 80 as to bring within the purview of the definition all sales promotion employees other than persons who are employed in a supervisory capacity and who draw wages exceeding rs 1,600 per month, and persons employed or engaged mainly in a managerial or administrative capacity, and make necessary consequential changes in section 6 of t~ act (~ide clauses 2 and 4 of the bill) 'i 4 with a view to avoiding scope for any doubt or challenge, jt is proposed to avail of the present opportunity to amend seetinn " of the act to cover expressly the various matters relating to earned leave and cash compensation in lieu of earned leave in respect of which rules have been made this amendment is being given retros~ctive effect from the date of the making of the said rules (mde clauses 3 and 5 of the bill) 5 the bill seeks to achieve the above objects new deliu; the 8th auguat, 1985 t anjaiah , clause 5 of the bill seeks to ame~ section 12 of the principal act relating to the power to make rules to provide expressly for the power to make rules with respect to the limit up to which a sales promotion employee may accumulate earned leave, the limit up to which he ~y avail of earned leave at a time, the reasol1s for which such limit may be exceeded and the conditions and rew,ictions subject to which a sales promotion employee may be entitled to cash compensation in lieu of earned leave  'the amendment is proposed to be made with retrospective effect from the 8th day of march, 1976 being the date on which the sale promotion employees ,(conditions of service) rules, 1916 were made the mbttersin respect of which the rules may be made under these powers pertain to matters of detail and the delegation of power involved ll, therefore, of a normal character for the purpose of avoicung a:1y scope of doubt and challenge, it is necuury to live setrospective et!eet to the amen,dment as the, aforementioned rules ot 1~7rcontatn provtliorlt with regard to these matters  of snuce)' act, 1976' (11011' 1976) - - - - - z in this act,·uninl the oontext otherwise requires,-- - - - - (d, "sales promotion employee" means any person by whatever name called (including an'· apprentice)" employed or engaged in any °estabuahment for hire or reward to do any work relating to pro-• jilotion of sales or ~ess, or both,  an~ " "   ~   (0 who draws wages (being wages, not includjng any commission) not exceeding seven hundred and fifty rupees per mensem; or (ii) who had drawn ·wages (being wages, including commission) or commission only, in either case, not exceeding nine thousand rupees in the aggregate in the twelve months immediately preceding the month in which this act applies to such establishment and 'continues to draw such wages or commis-bion, in the aggregate, not exceeding the amount aforesaid ina year, but does not include any such person who is employed or engaged mainly in a managerial or administrative capacity; - -  - t __ 4 in addition to such holidays, casual leave or other kinds of leavet ~w as may be prescribed, every sales promotion employee drawing wa  (beina wages, not inducting anycommiasion) ajwl be aranted, if 10 nmlullttd ior-- - - - - 12 (1) - - (2) in p81'tieular and without prejudiee to the genf!rallty of th foregoinl power, iuch rules may provide for-- ' (a) the linda of leave that may be granted to a lales }!ttomotidii emyh uncler _tion 4; - -  -   billfurtiaer to amend·tbe sales promotion employees (concittibdi of&emce) '\ct,19fit  -  , (!hri t a";chah,  mb,''''' of stote'' of t1m ~ibt"y of ltjb  ,) 