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.