An Act to amend the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958.
Preamble. —WHEREAS it is expedient to amend the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958, for the purposes hereinafter appearing;
Be it enacted in the Nineteenth year of the Republic of India as follows:—
1. Short title and commencement . —(1) This Act may be called the Kerala Industrial Establishments (National and Festival Holidays) Amendment Act, 1969.
(2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
2. Amendment of section 2 . —In section 2 of the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 (47 of 1958) (hereinafter referred to as the principal Act),—
(1) in sub-clause (i) of clause (e), for the word "fifty" the word "twenty" shall be substituted.
(2) in clause (g)—
(i) for the words "fifty acres" the words "twelve hectares" shall be substituted.
(ii) for the words "fifty or more persons" the words "twenty or more persons" shall be substituted.
3. Amendment of section 3. —To section 3 of the principal Act the following proviso shall be added, namely:—
"Provided that in the case of an industrial establishment which commences work for the first time after the commencement of a calendar year, the number of holidays for festivals allowable to an employee under this section during the remainder of that calendar year shall be fixed by the Inspector, so however that the number so fixed shall not be less than the number calculated at the rate one day for every three months or part thereof of the remainder of such calendar year".
4. Insertion of new section 4A . —After section 4 of the principal Act, the following section shall be inserted, namely:—
" 4A. Power of employer to require employee to work on holidays . —(1) Notwithstanding anything contained in section 3, an employer may, by notice in writing, require any employee to work on any holiday allowed under that section.
(2) The notice under sub-section ( l) shall be served on the employee in the prescribed manner. One copy of the notice shall be sent to the Inspector and another copy thereof shall be displayed in the premises of the industrial establishment, not less than twenty four hours before such holiday."
5. Amendment of section 5.—In section 5 of the principal Act, —
(1) for sub-section (2), the following sub-section shall be substi tuted, namely:—
"(2) Where an employee works on any holiday allowed under section 3, he shall be entitled to twice the wages and to avail himself of a substituted holiday on any other day."
(2) in sub-section (3), for clause (ii) and the provisos, the follow ing clause, proviso and explanation shall be substituted, namely: —
" (ii) where he works on any such holiday, only at twice the rate mentioned in clause (i) and to avail himself of a substituted holiday with wages at that rate on any other day:
Provided that no such employee shall be entitled to be paid any wages for any of the holidays allowed under section 3, other than the 26th January, the 15th August and the 1st May, unless he has been in the service under the employer for a total period of thirty days within a continuous period of ninety days immediately pre ceding such holiday.
Explanation .—A weekly or other holiday or authorised leave availed of by an employee shall be included in computing the period of thirty days mentioned in the preceding proviso."
6. Amendment of section 12 . —For sub-section (3) of section 12 of the principal Act, the following sub-section shall be substituted, namely: —
"(3) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule".
