The Odisha Industrial Establishments (National and Festival) Holidays Act, 1969

The Orissa Industrial Establishments (National and Festival) Holidays Act, 1969 Act 22 of 1969 Keyword(s): Holiday, Industrial Establishment, Inspector, Wages Amendment appended: 17 of 1992 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. ORXsSA ACT 22 OF 1969 T m Q RISSA lNDUSTRIAL ESTD~HMENTS; (NATIONAL AND FESTIVAXI) HOWDAYS1 ACT, 1969 CONTENTS 1. Short title, eXtcnt md comrnenwment 2. Definitirns 3, Grant of National and Festival Holidays 4. Employer to display statement of holidays 5. Wages 6. InspcctoIs 7. Power of Inspectors 8. Penalties 9. Penalty for obtrucling Tnspwtor 10. Exemption 11, Rights and Privileges under other laws, etq. 42. Power to make (TI-~EO RISSA INDUSTRIAL ESTABLLSH- 39ENTS ( NATIONAL AND FESTIVAL ) HOLIDAYS ACT, 19691 [Received the osseitt of the Governor orz the 23th November 1969, Jirst pu blislred i~z 1112 exftha- ol-dhlary isstre of file Orissa Gazette, dater1 flze 8th December, 19691 AN ACT TO PROVIDEF OR TIE GRANT OF NATIONAL AND FESTIVAL HOLIDAYS TO PERSONS EMPLOYED IN INDUSTRIAL ESTABLISHMENT IN THE STATE OF ORISSA . . BE it enacted by the Legislature of the State of . OrissaintheT~eniiethY earoftheRepublicofIndia follows:- . . I. (I)T his Act may be cnlled the Oxissa Industria1 Short title, extent and Esta bljsl~ments (Na tionibl and Festival) Iqolidnys ,,mm,,,. Act, 1969. rncn~. (2) It extends to the wholc of the State of Orissa. :. T. '. . I (3) It shall come into force at one. 2. In this Act, unIess the context otherwise Ddnilions requires,- (a) "day" means a period of twenty-four hours beginning at midnight ; (b) 'f employee" means- . . any person (including an apprentice) (j) employed in any Industrial Establishment to do any skilled or unskilIed, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied ; (ii) any other person emploi e d in any Industrial Establishment whom t e Government may, by notification, declare to be an employce for the purposes of this Act ; 1. For Statement of Objects and Roasons sce Orixsa Gnzettc, Extra- ordiaory, datcd !he 8th October I969 (NO.1 544). (c) "employer" when used in relation to an IndustriaI Establishment means a person who has the ultimate control over the affairs of the Industrial Establishment, and where the affairs of any Xndustrial Esb- blishlnent are entrusted t'o any other person (whether called a Managing Agent, Manager, Superintendent or by any other name) such other person; (dl-" holiday" means holiday, as provided in this Act; (e) "IndustriaI Eetablishment"' means- (i) any establishment as deked S i h n a g c s la use (8). of section 2 or thq Orissa and *,, Commercial Establishment, Act, 1;9 6;; 30 or 1956. (ii) any factory as defined in clause (in) of sectio~l 2 of the Factories Act, 19-48, or 63 of 1948 any place which is de.erned to be a factory under sub-sectibn 85 of that Act; liiil anv ~Iantationa s defined in clausdfl \ o,f skiion 2 of the Plantations ~abdu; Act, 1951; and of1951 (iv) any other establishment which the State Government may, by nptifwtion, dwlare to be an IndustriaI Establishment:-for:t he gurpose of this Act; If) CLItlspector"m eans an Inspector appointed under subsection (1) of section 6; (g) Wages" means all remuneration capable of being expressed in tems of m~eey, which would, if the terms of employment, express of implied, were fulfilled, be payable to an employee in respect of his employment or of the work done by himin such employ- ment, and includes- (i) such allowances (including dearness allowance ) as the employee is. for the time being entitled to; (ii) the value of any house accommodation, or of supply of light, watet, medical atteadance or d e r amenity or of any service or OF. any concessional supply of I foodgrains or other articles; 22 of 19693 (NATIONAL AN D FBSTIVAHLO) LIDAYS ACT, 1969 but does not include- (a) any bonus; (b) any contribution paid or payable by !he 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; (dl any sum paid to the employee to defray special expenses entailed on him by the nature of his employment; and '(e) any travelling concession. 3. 'Evely employee shall be allowed in each Grant or calendar year a holiday of one whole day ~ ~ ~ t i ~ R ' m d o on the 26th January, the 15th Augtrst and the 2nd Holidays. 'October and fouf other holidays each of one whole day for such festivals as the Inspector may, in consultation with the employer and the employees, specify in respect of any industria1 establishment. 4. Every employer shall display in the premises Employer to of the Industrial Establishment, a statea ent showing ~ ; ~ of~ l ~ ~ t the hoIidays allowed in each calendar year under holidays. section 3, in such form, within such time and in such manner as may be prescribed. 5. (1) Notwithstanding any contract to the cont- wagas -ray,e very employee shall be paid wages for =ch of the holidays allowed to him under section 3. *(2)W here an employee works on any holiday allowed under section 3, he shall, at his optio- ; be entitled to- (n) twice the wages; or (b) wages for such day and to avail himself of a substituted holiday with wages on any other day within six months from the hoIiday, on which he so works. (3) ~otwith~tandiann~y thing contained in sub- section (I) or sub-section (2) an eniployee 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 rate equi~aler~tto the daily average of his wages for. the days on which , he actually worked during the month immediately preceding such holiday ; [Or. A cl (ii) where he works on any such holiday, only at twice the rate mentioned in clause (i), or in Iieu thereof, at the rate mentioned in that clause and to avail himself of a substituted holiday with wages at f hat rate on any other day within six months from the holiday on which he so works : Provided that no such employee shall be entitIed to be paid any wages for any of the holidays allowed under this section, if his name was not on the rolls of the Industrial Establishment continuously for a month immediately prior to the holiday: . , Provided further that no such employee shall be'entitled to be paid any wages for ally of the holidays allowed under this section if he was enjoying leave with pay. (4) Where any money is due lo an employee from an employer under this Act, the empIopee or any other person authorised by hiin in writing in this behalf, or, in the case of death of the employee, . . his assignee of heir may, without prejudim to any other mode of recovery make an application to the State Government for recovery of the money due to him, and if the State Government are satisfied that any money is so due, they shall issue a certi- ficate for that amount to the Collector within whose jurisdiction the T~ldustrial Establishment is situate and the Collector shall thereupon proceed, to recover the same in the same manner as. if- it yep an arrear of land rcyenue payable to the Sf& Government : Provided that every such application shall be made within one year from the date on which the money bscame due to the employee : Provided further that any such application may be entertained after the expiry of the said period of one year, if the State Government are satisfied that the applicant had sufficient cause for not making the application within the said period. 6. (I) The State Goverrlment may, by notification, Inspi'ctocs 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 they may specify. (2) Every Inspector shall bc deemed to be a public servant within the meaning of section 21 of 45 cf 1~ci0 the Indian Penal Code. 7. Subject to any rules made by the State Powcrs of ln5pci Government jn this behalf, an Inspector may, within the local limits for which he is appointed,- (a) entcr, at all reasonable times and wit11 such assistants, if any, who arc persons in the service of the State Government or of any local authority, as he thinks fit to talce with him, any place which IS, or which he has reasons to believe to be an Industrial Establishment ; make such ex3,mination 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 ; and (c) exercise such other powers as may be necessary for carrying out the purpose cr this Act : Provided that no one shall be required under this section to answer any question or give any evidence tending to incrin;.i nate himself. 8. Any employer WIIO contravenes any of tie Penallies provisions of section 3 or section 5 shall, on convic- tion, be punishable with fine, which for the &st . offence may extend to twenty-five rupees and for a second and subsequent offence may extend to two hundred and fifty rupees. ,,,,,,, ,, 9. Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under obstructirlg this Act or fails to produce ou demand in ~l.iting'""~'"'- 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 there under, shall he punishable with imprisoument for a term v/l~ic'llm ay extend to three months or with fine which ih:: ejrte~id to five hundred rupees or with bot11. -- -- ------ - *. ---- ( NATIONA A L N D FESTIVA) LH OLIDAYSA CT, 1969 "k-- ( Secs. 16-12 ) 10. (1) Noth'ng contained in this Act shall Ex tmption apply to- (it) any employee in -a position of manage- ment ; (6) any employee whose work involves t~avelling; fc) any Tndmustrial Establishment under the control of the Central Government, the fieserve Bank ;of India, a railway admini- stration operating any railway as def ned in 'clause (20) ,of .Article 366 of the Corrs,titution or .a cantonment authority; or fd) any mine or oil field. (2) The 'State 'Government may, by notification exempt either permanently or for any specified per-iod any establishment or class of establishments or person or class of persons 'from all Or any of the provisions of this Act, sh bje~tt o such conditions as they may deem fit. Rights and 11. Nothing :contained in this Act shall adver- priviIcgn under other sely affect any rights or privileges which any etc. employee is entitled to with respect to national and festival :holidiys on the date -on which this Act comes into force under any other Jaw, contract, custom or usage, if such rights or privileges are more favourable to him t-han thase ,to which he would ,be entitlad -under: this .Act. * P owcr to 12. (1) The Stak ~Govanrnenmt ay, make rules mako for the purpose of carrying into effect the .pro+ ,sions o'f this Act. (2) In making a rule under this Act, State Government may provide that a contraven- tion tbreo'f shall be .pu&hable with Ene 'which may extend to fifty rupees. (3) All rules made under this setion shall, as soon as may be after they are made, be laid before the StaTe LegiJature for a 'totaq period of' $burteen -days 'which may be -comprised in one or more sessi'oons ,and i'f during 'the said period the 'State Legislature ,makes rnodi6cations, if any, therein the rulesyshallt hereafter have effect only in such mcrdified -form so however that such modifications ; ' shall be without prdudice to the validity of anyteng previous1,y done -under the rules. For ruls scc Notification bring S. R.0 . No. 157173.' dated rhc 23rd February 1973 published in Orissa Gazcttw Part-IU, P. 58 or 1973. ORISSA ACT 17 OF 1992 THE ORISSA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL) HOWDAYS (AMENDMF,NT)ACT, 1m [Received tlie menr of the Go v~rnof on the 21st March 1992, first pirb lished in an exrruorrJi~~flriyss tre of I he Orissa Gazettc, dated the 30th March 19921. AN ACT J?URTHOR TO AMEND M e O RLSSA INDUSTRIAL EI'TMLISHMENTS (NATIOHAL AND FESTIVAL) H~LIDAYS, tm, 1969. BII it enacted by the Lrgislatura of B e State of hisrs in the Forty-third Year of the Republic of India as follows :- Short title. 1. This Act may bc callc;J the Orissa Industrial Establishments ( Natiojlal aad Festival) Holidays (Amendment) Act. 1992. Amcadrncal 2. In thc Orissa Industrial Establishments (National and Festival) Holidays Act, oris=A ct of s~c~io3.n 1969, section 3 shall be renumbered as sub-section f I) thereof and after sib-scction( 1) 22 of 1969.. - as so renumbered, the following sub-scction sbdl b,: inserted, namely : Q cr{2) In addition to the holidays provided in sub-section {I), in the ercot of any gcncral election or byc-election to Parliament or the State Legislative Assembly, the dale of cvcry such election as noti6ed by the Blecticn Coo~missioas hall ba allowcd is a holiday of one wholc day : Provided that in the case of a bye-election, the dak of auch election shall be allowed as a holiday only in rcspect of emp:oycea who belong to the concerned constituency.". pp 'For the Bill, scc Orisso Gazerre, huaordinery, dated thc 13th ecbrunry 1992 (NO.14 8)