THE TAMIL NADU INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT, 1958
Act 33 of 1958
[Received the assent of the Governor on the 4th December 195S; first published in the Fort St. George Gazette on the 10th December 1958 (Agrahayana 19, 1880)]
Whereas it is expedient to provide for the grant of National and festival holidays to persons employed in industrial establishments in the 3[State of Tamil Nadu];
Be it enacted in the Ninth Year ol the Republic of India as follows:-
1. Short title, extent and commencement.
(1) This Act may be called the (These words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [Tamil Nadu] Industrial Establishments (National and Festival Holidays) Act, 1958.
(2) It extends to the whole of the (This expression was substituted for the expression “State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [State of Tamil Nadu].
(3) It shall come into force on such date (Came into force on the 1st day of April 1959) as the Government may, by notification, appoint.
2. Definitions.
In this Act, unless the context otherwise requires,-
(a) "day” means a period of twenty-tour hours beginning at midnight;
(b)"employee" means—
(i) any person (including an apprentice) employed in any industrial establishment to do any skilled or un skilled, manual, supervisory, technical or clerical work for hire or reward., whether the terms of employment be express or implied;
(ii) any other person employed in any industrial establishment whom the Government may, by notification, declare to be an employee for the purposes of this Act;
(c) "employer" when used in relation to an industrial establishment means a person who has the ultimate control over the affairs of the industrial establishment and where the affairs of any industrial establishment are entrusted to any other person (whether called a managing agent, manager, superintendent or by any other name, such other person;
(d) " Government" means the State Government;
(e) "industrial establishment" means—
(i) any, establishment as defined in clause (6) of section 2 of the (These words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [Tamil Nadu] Shops and Establishments Act, 1947 (These words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [Tami Nadu] Act XXXVI of 1947);
(ii) any factory as defined in clause (m) of section 2 of the Factories Act, 1948 (Central Act LXII of 1948), or any place which is deemed to be a factory under subsection (2) of section 8 5 o f that Act;
(iii) any plantation as defined in clause (f) of section 2 of the Plantations Labour Act, (Central ' Act LXIX of 1951):
(iv) any other establishment which t he Government may, by notification, declare to be an industrial establishment for the purposes of this Act;
(f) "Inspector" means an Inspector appointed under sub-section (1) of section 6;
(g) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to as employee in respect of his employment or of the work done by him in such employment," and includes,—
(i) such allowances (including dearness allowance), as the employee is tor the lime being entitled to;
(ii) the value of any house accommodation; or of supply of light, water, medical attendance or other amen Sty or of any service or of any concessional supply of food- grains or other articles
but does not include.-
(a) any bonus;
(b) any contribution paid or payable by the employer to any pension fund or provident fund, or for the benefit of the employee under any law for the time being in force;
(c) any gratuity payable on the termination of his service;
(d) any sum paid to the employee to defray special expenses entailed on him by the nature of his employment;
(e) any travelling concession.
3. Grant of National and Festival holidays.
Every employee shall be allowed in each calendar year a holiday of one whole day on (The words, figures and letters "the 26th January, the 15th August and the.2nd October" were substituted tor the words, figures and letters "the 26th January and the 15th August" by section 2 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Amendment Act, 1962 (Tamil Nadu Act 16 of 1962) and the words, figures and letters in brackets, were substituted for the words, figures and letters "the 26th January, the 15th August and the 2nd October" by section 2(1) of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Amendment Act, 1970 (Tamil Nadu Act 7 of 1970)) [the 26th January, the 1st May, the 15th August and the 2nd October and five other holidays each of one whole day for such festivals as the Inspector may, in consultation with the employer and the employees, specify in reject of any industrial establishment.
(This proviso was omitted by section 2(2) of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Amendment Act, 1970 (Tamil Nadu Act 7 of 1970))
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4. Employer to send statement to Inspector.
Every employer shall send to the Inspector having jurisdiction over the area in which the industrial establishment is situated, and display in the premises of the industrial establishment, a statement showing the holidays allowed in each calendar year under section 3, in such form, within such time and in such manner as may be prescribed.
5. Wages.
(1) Notwithstanding any contract to the contrary, every employee shall be paid wages for each, of the holidays allowed to him under section 3.
(This sub-section was substituted for the original sub-section (2) by section 2(i) of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Amendment Act, 1961 (Tamil Nadu Act 43 of 1961))
[(2) (a) Notwithstanding anything contained in section 3, any employee may be required by the employer to work on any holiday allowed under that section if the employer has, not less than twenty-four hours before such holiday,—
(i) served in the prescribed manner on the employee a notice in writing requiring him to work as aforesaid; and
(ii) sent to the Inspector having jurisdiction over the area in which the industrial establishment is situated and displayed in the premises of the industrial establishment a copy of such notice.
(b) Where an employee works on any holiday allowed under section 3, he shall, at his option, be entitled to-
(i) twice the wages; or
(ii) wages for such day and to avail himself of a substituted holiday with wages (These words were substituted for the words "on any other day" by section 2 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Amendment Act, 1964 (Tamil Nadu Act 17 of 1964)) (on one of the three days immediately before or after the day on which he so works).]
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), an employee who is paid wages by the day or at piece rates shall be entitled to be paid wages for any holiday allowed under section 3—
(i) only at a me equivalent to the daily average of his wages to be calculated in the prescribed manner;
(ii) where he works on any such holiday, only at twice the rate mentioned in clause (i), or in lieu thereof, at the rate mentioned in that clause and to avail himself of a substituted holiday with wages at that rate (These words were substituted for the words "on any other day" by section 2 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Amendment Act, 1964 (Tamil Nadu Act 17 of 1964)) [on one of the three days immediately before or after the day on which he so works]:
(This proviso and the Explanation were substituted for the original proviso and the Explanation by section 2(ii) of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Amendment Act, 1961 (Tamil Nadu Act 43 of 1961))
[Provided that no such employee shall be entitled to be paid any wages for any of the holidays allowed, under section 3, other than (These words, figures and letters were substituted for the words, figures and letters "the 26th January, the 15th August and the 2nd October" by section 3 of the Tamil Nadu Industrial Establishment (National and Festival Holidays) Amendment Act, 1970 (Tamil Nadu Act 7 of 1970)) [the 26th January, the 1st May, the 15th August and the 2nd October] unless he has beer in the service under the employer for a total period of thirty days, within a continuous period of ninety days immediately proceeding such holiday.
Explanation.— For the purpose of this proviso, a weekly or any other holiday or authorized leave availed of by an employee shall be included in computing the period of thirty days mentioned therein.]
6. Inspectors.
(1) The Government may, by notification, appoint such persons or such class of persons as they think fit to be Inspectors for the purposes of this Act for such local limits as the Government may specify.
(2) Every Inspector shall be deemed to be a public servant within the meaning of section 29 of the Indian Penal Code (Central Act XLV of 1360).
7. Powers of Inspectors.
Subject to any rules made by the Government in this behalf, an Inspector may, within the local limits for which he is appointed,—
(a) enter, at all reasonable times and with such assistants, if any, who are persons in the service of the Government or of any local authority as he thinks fit to take with him, any place which is, or which he has reason to believe is, an industrial establishment;
(b) make such examination of the premises and of any prescribed registers, records and notices and take on the spot or otherwise, the evidence of such person as he may deem necessary for carrying out the purposes of this Act;
(c) exercise such other powers as may be necessary for carrying out the purposes of this Act;
Provided that no one shall be required under this section to answer any question or give any evidence tending to incriminate himself.
8. Penalties.
Any employer who contravenes any of the provisions of section 3 or section 5 shall be punishable with fine which, for the first offence, may extend to twenty-five rupees and for a second and subsequent offences may extend to two hundred and fifty rupees.
9. Penalty for obstructing Inspector.
Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this or fails to produce on demand in writing by an Inspector any register, record or notice in his custody which may be required to be kept in pursuance of this Act or of any rule made thereunder, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
10. Exemptions.
(1) Nothing contained in this Act shall apply to—
(a) any employee in a position of management;
(b) any employee whose work involves travelling;
(c)any industrial establishment under the control of the Central or any State Government, local authority, Reserve Bank of India, a railway administration operating any railway as defined in clause (20) of Article 366 of the Constitution or a cantonment authority; or
(d)any mine or oilfield.
(2) The Government may, by notification, exempt either permanently or for any specified period any establishment or class of establishments, or person or class of persons from all or any of the provisions of this Act, subject to such conditions as the Government may deem fit.
11. Rights and privileges under other laws, etc., not affected.
Nothing contained in this Act shall affect any rights or privileges which any employee is entitled to, on the date on which this Act comes into force under any other law, contract, custom or usage, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.
(The following proviso which was added by section 3 of the Tamil Nadu Industrial Establishments (National! and Festival Holidays) Amendment Act, 1962 (Tamil Nadu Act 16 of 1962) was, however, omitted by section 2 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Amendment Act, 1971 (Tamil Nadu Act 17 of 1971) which was deemed to have come into force on the 25th April 1970)
"Provided that if in any industrial establishment the number of holidays for festivals which any employee is entitled to, 011 the date on which this Act comes into force, exceeds five, the employer may, subject to the provisions of section 3, curtail a holiday of one whole day for one such festival as the Inspector may, in consultation with the employer and the employees, specify in respect of the industrial establishment.”
[The curtailment by any employer on or after the 25th April 1970 of a holiday in lieu of the holiday allowed on the 1st May was, and was deemed always to have been, null and void. (Vide section 3 of Tamil Nadu Act 17 of 1971)])
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12. Power to make rules.
(1) The Government may (The words "by notification" were omitted by section 3(i) of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Amendment Act, 1961 (Tamil Nadu Act 43 of 1961)) [ ], make rules for the purpose carrying into effect the provisions of this Act.
(2) In making a rule under this Act, the Government may provide that a contravention thereof shall be punishable with fine which may extend to fifty rupees.
(These sub-sections were substituted for the original sub-section (3) by section 3(ii) of the Tamil Nadu Industrial Establishments National and Festival Holidays) Amendment Act, 1961 (Tamil Nadu Act 43 of 1961))
[(3) All rules made under this Act shall be, published in the Fort, St. George Gazette (Now the Tamil Nadu Government, Gazette) and unless they a e expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(4) Every rule made under this Act shall, as soon as possible, after it is made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree 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.] |
