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THE HIMACHAL PRADESH INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL
HOLIDAYS AND CASUAL AND SICK LEAVE) ACT, 1969.
(Act
No.7 of 1970)
(Received
the assent of the President of India on the 28th January, 1970,
and was published in R.H.P.Extra, dated the 4th April, 1970 at
page 298-303)
Amended,
repealed or otherwise affected by:-
(i)
A.O. 1973, published in R.H.P. Extra, dated the 20th January,
1973 at p.91-112.
An
Act to provide for the grant of national and festival holidays and casual
and sick leave to persons employed in Industrial Establishments in
Himachal Pradesh
Be
is enacted by the Himachal Pradesh Legislative Assembly in the Twentieth
Year of the
Republic
of
India
as follows:
1.
Short title, extent and commencement.
(I) This Act may be called the Himachal Pradesh Industrial Establishments
( National and Festival Holidays and Casual and Sick Leave) Act, 1969.
(2)
It is extends to the whole of the [State]
of Himachal Pradesh.
(3)
It shall come into force on such date as the Government may, by
notification in the Official Gazette, appoint.
2.
Definitions-
In
this Act, unless the context otherwise requires-
(a)
“day”
means a period of twenty-four hours beginning at mid-night:
Provided that in the case of a worker who works in a shift which
extends beyond mid-night
such period of
twenty-four hours shall begin when his shift ends:
(b)
“employer”
in relation to an industrial establishment, means the 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 shall be deemed to be the employer.
(c)
*
*
*
*
(d)
“industrial
establishment” means:-
(i)
any factory as defined in clause (m) of Section 2
of the Factories
Act, 1948, (63 of 1948), or any place which is deemed to be a
factory under sub-section (2) of section 85 of that Act; or
(ii)
any plantation as defined in clause (f) of Section 2 of
the
Plantations
Labour Act, 1952, (69 of 1951);
(e)
“inspector” means an Inspector appointed under
sub section (1) of Section 7;
(f)
“notification” means a notification published under proper authority
in the Official Gazette;
(g)
“Official Gazette” means the Rajpatra, Himachal Pradesh;
(h)
“prescribed” means prescribed under this Act;
(i)
“Wages” means all remuneration (whether by way of salary, allowances
or otherwise) expressed in terms of money or capable of being so expressed
which would, if the term of
employment, expressed or implied, were fulfilled, be payable to a workers
in respect of his employment, but does not include:-
(a)
any
bonus;
(b)
the
value of any house accommodation, supply of light, water, medical
facilities or other amenity or of any service or of any concessional
supply of food grains or other articles;
(c)
any
contribution paid or payable by the employer
:-
(I)to any pension or
provident fund, and the interest which may
have accrued thereon; or
(ii)for the benefits of the workers under any law for the time
being
in force;
(d)
any
travelling allowance or the value of any travelling concession;
(e)
any
sum paid to the worker to defray special expenses entailed on him by the
nature of his employment; or
(f)
any
gratuity payable on the
termination of employment; and
(j)
“worker” means:-
(i)
any person (including an apprentice) employed in industrial
establishment to do any skilled or unskilled, manual, supervisory or
clerical work for hire or reward whether the term of employment be
expressed or implied; or
(ii)
any other person employed in any industrial establishment whom the
Government may, by notification, declare to be a work for the purpose of
this Act.
3.
National
and Festival Holidays-
(1)Every workers shall, in each year, be allowed in such manner,
and on such conditions, as may be prescribed:
(a)
three
national holidays of one whole day each on 26th January, 15th
August and 2nd October; and
(b)
four
other holidays on any of the festivals specified in the Schedule out of
which one shall be Himachal Day:
Provided that for purpose of clause (b), where at least ten percent
of the
workers of an industrial establishment so desire, they may, in lieu
of any festival holiday, avail two half holidays on any of the festival
days of their choice specified in the schedule after settlement in this
behalf has been made between
the employer and the representatives of the workers in such manner as may
be prescribed.
(2) The Government may, by notification, add to or omit from the
Schedule any festival,
and thereupon the Schedule shall be deemed to be amended accordingly.
4.
Casual
and Sick Leave- Every
worker shall in each year, be allowed by the employer casual leave for
seven days and sick leave for fourteen days in such manner, and on such
condition (including a condition to the effect that one kind of leave
shall not be linked with an other kind of leave, whether due under this
Act, or under any other law for the time being in force), as may be
prescribed.
5.
Wages-
(1) Notwithstanding any contract to the contrary, every worker shall for
each of the national festival holidays and of the
days of casual or sick leave, be paid by the employer wages at a
rate equivalent to his average daily wage;
Provided
that:
(a)
no
worker shall be entitled to be paid such wages for any holiday or leave,
other than a national holiday, if his name was not on the rolls of the
industrial establishment continuously for a period of one month
immediately preceding such holiday or leave;
(b)
where
a worker is entitled to sickness benefit under the Employees’ State
Insurance Act, 1948 (34 of 1948) or sickness
allowance under the Plantation Labour Act, 1951, (69 of 1951) shall
not be entitled to be paid such wages for the days of sick leave allowed
to him under this Act; and
(c)
where
a worker is not entitled to such sickness benefit or sickness allowance,
he shall be paid wages for the days of sick leave allowed to him under
this Act at a rate equivalent to one-half of his average daily wage
(2) where a worker works on any holiday allowed under section 3, he
shall, at his option, be entitled
to:-
(a)
twice
his average daily wage for that day, or, his average daily wage on any
other day within ninety days from the day on which so works.
(b)
His
average daily wage for the day and a substituted holiday with his average
daily wage on any other day within ninety days from the day on which he so
works.
Explanation:-For
the purpose of this section, the average daily wage of worker shall be computed
on the basis of his total full-time wages during the preceding three
months, exclusive or any overtime wages, if any:
Provided that the average daily wage of a worker who is paid wages
by the day or
at piece rate shall be computed on the basis of his wages for the
days on which he actually
worked during the month immediately preceding such holiday
or leave.
6.
Account
of holidays and leave to be kept-Every employer shall keep, in such form and manner as may be prescribed,
an account of festival holidays, casual leave and sick leave of every
worker and every worker shall have access to such account.
7.
Inspectors-(1)
The Government may, by notification, appoint such persons or class of
persons as it may think fit to be Inspectors for carrying out the purposes
of this Act for such areas as may be specified in the notification.
(2).Every Inspectors shall be deemed to be a public servant within the
meaning of
section 21 of the Indian Penal Code, (45 of 1960).
8.
Powers
of Inspectors-Subject
to any rules made by the Government
in this behalf, an Inspector may, within the area for which he is
appointed:-
(a)
enter
at all reasonable times any place which is, or which he has reason to
believe to be, 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 his Act; and
(c)
exercise
such other powers as may be necessary for carrying out the purposes of
this Act:
Provided that no person shall be compelled under this section to
answer any
question or give any evidence tending to incriminate himself.
9.
Penalties-Any
employer who contravenes any of the provisions of Section 3, Section 4,
Section 5 or Section 6 shall be punishable, for the first offence, with
the fine which may extend to one hundred
rupees and for a second or subsequent offences, with fine which may
extend to two hundred and
fifty rupees.
10.
Power
to recover wages-
(1) where a Magistrate while convicting an employer under section 9 is
satisfied that the worker has not been paid his dues wages under this Act,
the amount which shall be determined by the Magistrate, he shall direct
the employer to pay such wages to the workers.
(2). The amount of wages determined under sub-section (1) shall,
for the purpose
of recovery be deemed to be a fine imposed under this Act, in
addition to the
penalty imposed under section 9 and shall be realized as such.
11.
Penalty
for obstructing Inspector- Whoever
willfully obstructs an Inspector in the exercise of any power conferred on
him by or under this Act, or intentionally omits 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 be extended to three months, or with fine which may
extend to five hundred rupees, or with both.
12.
Cognizance
of offence-(1)
No court shall take cognizance of any offence under this Act or the rules
made thereunder except on a compliant in writing by an aggrieved person or
an Inspector.
(2) No court below that of a Magistrate of the first class
shall try any offence punishable
under this Act or rules made thereunder.
13.
Exemptions-(1)
Nothing contained in this Act shall apply to:-
(a)
any
workers drawing wages exceeding five hundred rupees per mensem and
employed mainly in a managerial administrative or supervisory capacity;
(b)
any
worker employed in an industrial establishment under the control of
Government or Central Government or any State Government to whom Civil
Service Rules or any other similar rules or regulations notified in this
behalf by the Government, Central Government or any State Government, as
the case may be, apply; and
(c)
any
worker employed in any mine or an oil field.
(2) The Government may, in public interest by notification, exempt
either
permanently or for a specified period any class of industrial
establishments from
all or any of the provisions of this Act subject to such conditions
as the Government may deem fit.
14.
Right
and privileges under either law etc. not affected-
Nothing contained in this Act shall affect any rights or privileges
which any
worker is entitled to receive 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.
15. Powers to make rules-(1) The Government
may, by notification and after previous publication make rules for the
purpose of carrying out the purposes of
this Act.
(2) In particular, and without prejudice to the generally or the
foregoing power, such rules may provide for:
(a)the manner in which, and the conditions on which, national and
other
holidays shall be allowed to workers under section 3;
(b)the number of days for which, the manner in which , and the
conditions
on which, casual and sick leave shall be allowed to workers under
Section
4;
(c) the form in which and the manner in which an account of
festival
holidays, casual leave and sick leave of workers, shall be
maintained by
employers under section 6; and
(d) any other matter which is to be or may be provided.
(3) In making a rule under
this Section, the Government may provide that a
contravention thereof shall be punishable with fine which may
extend to fifty
rupees.
(4) Every rule made under this section, 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
not less than fourteen days which may be comprised in one in one
session or in two
successive sessions, and if, before expiry of the session in which it is
so laid
or the session immediately following, the Assembly makes
any modification in the
rules or decides 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.
15.
Repeal
and saving:-
(1) The Punjab Industrial Establishments (National and Festival Holidays
and Casual and Sick Leave) Act, 1965 (14 of 1965), as in force in the
territories added to Himachal Pradesh under section 5 of the Punjab
Re-organisation Act, 1966 (31 0f 1966) is hereby repealed.
(2) The repeal of the Punjab Industrial Establishments (National and
Festival Holidays
and Casual and Sick Leave) Act, 1965 by sub-section (1) shall not
effect:-
(a)the previous operation of that Act or any thing duly done or
suffered
thereunder;
(b)Any penalty or punishment incurred in respect of any offence
committed against that Act; or
(c) any investigation, legal proceeding or remedy in respect of any
such
penalty or punishment and any such investigation, legal proceeding
or
remedy may be instituted, continued or enforced and any such
penalty or
punishment may be imposed as if that Act has not been repealed.
(3)Subject to the provisions contained in sub-section (2), anything
done or any action taken, including any appointment order, notification or
notice made, issued or given
under the provision of the Act repealed
by sub-section (1) shall be
deemed to have been done or taken under the corresponding
provisions of this Act.
THE SCHEDULE
[see section 3(1)(b)]
New
Year’s Day
Basant
Panchami.
Guru
Ravi Dass’s Borthday.
Shivratri
Holi
Id-ul-Fiter
Ram
Naumi
Lord
Mahavira’s Birthday
Good
Friday.
Vaisakhi
Himachal
Day
Id-ul-Zuha
Muharram
Solan
Fair
Milad-un-Nabi.
Janam
Ashtami.
Bawan
Dwadshi Fair (Nahan)
Raksha
Bandhan.
Minjar
Fair (Chamba).
Dussehra.
Maharishi
Balmiki’s Birthday.
Lavi
Fair (
Rampur
).
Diwali.
Lala
Lajpatrai’s Death Anniversary.
Guru
Nanak’s Birthday.
Lohri.
Guru
Gobind Singh’s Birthday.
Vishwa
Karma Jainti.
Christmas
Day.
May
Day.
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