The Pondicherry Industrial Establishments (National and Festival Holidays) Act, 1964

Similar documents
THE KERALA INDUSTRIAL ESTABKISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT; 1958 [1] Act 47 Of 1958

THE ANDHRA PRADESH FACTORIES AND ESTABLISHMENTS (NATIONAL, FESTIVAL AND OTHER HOLIDAYS) ACT,1974. ACT No.32 of 1974 (As amended by Act 21 of 1980)

THE HIMACHAL PRADESH INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE ) ACT, (ACT NO.

THE PUNJAB INDUSTRIAL ESTABLISHMENT (NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) ACT, 1965 ( )

The Kerala Industrial Employees Payment of Gratuity Act, 1970

THE MOTOR TRANSPORT WORKERS ACT, 1961

THE MINIMUM WAGES ORDINANCE, 1961 (XXXIX OF 1961) CONTENTS

THE MATERNITY BENEFIT ACT, 1961 ARRANGEMENT OF SECTIONS

THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976 ARRANGEMENT OF SECTIONS

THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, (No. 30 of 1979)

THE MATERNITY BENEFIT ACT, 1961 INDEX

27. Ins. by Act 27 of Ins. by Act 27 0f Ins. by Act 41 of 1986 (w.e.f ) 30. Subs. by Act 27 of 1973.

APPRENTICES ACT, 1961

THE PAYMENT OF GRATUITY ACT, 1972 ARRANGEMENT OF SECTIONS

THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986

THE PAYMENT OF WAGES ACT, An Act to regulate the payment of wages to certain classes of persons employed in industry.

THE PATERNITY BENEFIT BILL, 2017 SHRI RAJEEV SATAV, M.P.

CHAPTER I PRELIMINARY. 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II THE ADVISORY BOARDS

The Tamil Nadu Registration of Marriages Act, 2009

BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:-- CHAPTER I PRELIMINARY

1. Short title, extent, commencement and application.- (1) This Act may be called the Apprentices Act, 1961.

EQUAL REMUNERATION ACT, 1976 CHAPTER I PRELIMINARY CHAPTER II PAYMENT OF REMUNERATION OF EQUAL RATES TO MEN AND WOMEN WORKERS AND OTHER MATTERS

An Act to regulate certain conditions of service of working journalists and other persons employed in newspaper establishments.

THE PAYMENT OF GRATUITY ACT, 1972

The Motor Transport Workers Act, 1961

THE NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) ACT,

EQUAL REMUNERATION ACT, 1976

THE CHILD AND ADOLESCENT (PROHIBITION AND REGULATION) ACT, 1986 ARRANGEMENT OF SECTIONS

THE KARNATAKA PAYMENT OF SUBSISTENCE ALLOWANCE ACT, 1988.

THE WAGES ACT. Part I PRELIMINARY PART II ESTABLISHMENT OF WAGES ADVISORY BOARD

THE PAYMENT OF WAGES ACT, 1936 (IV OF 1936)

THE APPRENTICES ACT, 1961

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946, ACT NO. 20 OF * [23rd April, 1946.]

The Abkari Workers' Welfare Fund Act, 1989

THE MADHYA PRADESH SHOPS & ESTABLISHMENTS ACT, 1958

ANDHRA PRADESH LABOUR WELFARE FUND ACT, 1987

THE PUNJAB LABOUR WELFARE FUND ACT, (as amended upto April, 2007) Arrangement of Sections

THE TAMIL NADU SHOPS AND ESTABLISHMENTS ACT,1947

THE LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988 ARRANGEMENT OF SECTIONS

An Act further to amend the Industrial Employment (Standing Orders) Act, 1946 in its application to the State of Tamil Nadu.

The Haryana Private Lotteries Prohibition Act, 1993

The Kerala Road Safety Authority Act, Keyword(s): Accident, Cess, District Road Safety Council, Fund, Public Road, Vehicle

CONTENTS. Industrial Employment (Standing Orders) Act, Preamble

An Act to regulate the payment of wages to certain classes of 2*[employed persons].

THE PUNJAB LABOUR WELFARE FUND ACT, 1965 ( ) (Punjab Act No. 17 of 195)

THE EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952 ARRANGEMENT OF SECTIONS

THE PUNJAB SHOPS AND ESTABLISHMENTS ORDINANCE, 1969 (VIII OF 1969)

THE PLANTATIONS LABOUR (AMENDMENT) BILL, 2008

THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT. 1960[1] ACT 34 OF 1960

BE it enacted by the legislature of the State of Orissa in the Fifty-sixth Year of the

An Act to regulate the payment of wages to certain classes of 2*[employed persons].

THE PUBLIC LIABILITY INSURANCE ACT, 1991 ARRANGEMENT OF SECTIONS

The sugarcane Act, 1934

EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, [ Act 31 of 1959 as amended upto Act 4 of 1986 ] { 2 nd September, 1959 }

THE PAYMENT OF WAGES ACT, 1936 ACT NO. 4 OF * [23rd April, 1936.]

195 WAGES COUNCILS ACT

Ministry of Law, Justice and Parliamentary Affairs, Bangladesh.

THE PASSPORTS ACT, 1967 ARRANGEMENT OF SECTIONS

THE EMPLOYEES' PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952 ACT NO. 19 OF * [4th March, 1952.]

THE HANDLOOMS (RESERVATION OF ARTICLES FOR PRODUCTION) ACT, 1985 ACT NO. 22 OF 1985

BELIZE EQUAL PAY ACT CHAPTER 302:01 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011

Reproduction for Lexbahamas 2002 Lexbahamas

THE COAL BEARING AREAS (ACQUISITION AND DEVELOPMENT) ACT, 1957 ARRANGEMENT OF SECTIONS

COMMODITIES TRANSACTION TAX

THE DELHI PRIMARY EDUCATION ACT, 1960 ARRANGEMENT OF SECTIONS

THE FORMER SECRETARY OF STATE SERVICE OFFICERS (CONDITIONS OF SERVICE) ACT, 1972 ACT NO. 59 OF 1972

The Karnataka Devadasis (Prohibition of Dedication) Act, 1982

THE SEEDS ACT, 1966 (ACT NO. 54 OF 1966) An Act to provide for regulating the quality of certain seeds for sale, and for matters connected therewith

THE KARNATAKA INDUSTRIES (FACILITATION) ACT,

FEDERAL INVESTIGATION AGENCY ACT, 1974 (VIII OF 1975)

THE FOREIGNERS ACT, 1946 ARRANGEMENT OF SECTIONS

THE MYSORE BETTING TAX ACT, 1932 [MYSORE ACT NO. IX OF 1932] Arrangements of Sections

PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION KARACHI, THE 29 TH APRIL, 2016.

The Pondicherry Vacant Lands in Urban Areas ( Prohibition of Alienation ) Regulation, 1976

Provident Fund Act, 1952

SAINT VINCENT AND THE GRENADINES. The Equal Pay Act ACT NO. 3 OF 1994

LODGING HOUSES (REGISTRATION) (JERSEY) LAW 1962

THE APPRENTICESHIP ORDINANCE, ORDINANCE NO. LVI OF th th June, 1962

THE CENSUS ACT, 1948 ACT NO. 37 OF [3rd September, 1948.] An Act to provide for certain matters in connection with the taking of census.

THE DANGEROUS MACHINES (REGULATION) ACT, 1983 ARRANGEMENT OF SECTIONS

THE COMPETITION (AMENDMENT) BILL, 2007

Karnataka Industries Facilitation Act

Commonwealth of the Bahamas Act No. 1 of 2002 MINIMUM WAGES ARRANGEMENT OF SECTIONS

THE KARNATAKA OWNERSHIP FLATS (REGULATION OF THE PROMOTION OF CONSTRUCTION, SALE, MANAGEMENT AND TRANSFER) ACT, 1972

The Kerala Chitties Act, 1975

BARBADOS SUGAR WORKERS (MINIMUM WAGE AND GUARANTEED EMPLOYMENT) CHAPTER 359

Domestic workers (Registration social security and welfare ) Act 2008

THE WHISTLE BLOWERS PROTECTION ACT, 2014 ARRANGEMENT OF SECTIONS

The Kerala High Court Act, Amendments appended: 6 of 1966, 20 of 1987, 36 of 1989

The Sikkim Labour Protection Act, Keyword(s): Labour, Labour Protection, Domestic Worker, Establishment, Financial Year, Porters, Record, Wage

AIR PASSENGER SERVICE CHARGE ACT

ANDHRA PRADESH ELECTRICITY DUTY ACT, 1939

Industrial wages boards

The Kerala Tourism (Conservation and Preservation of Areas) Act, 2005

The Kerala Civil Courts Act, Amendments appended: 12 of 1959, 22 of 1973, 33 of 1986, 7 of 1990, 6 of 1996

THE COMPETITION (AMENDMENT) BILL, 2007

FOREIGN CONTRIBUTION (REGULATION) ACT, 1976

THE WORKERS' CHILDREN (EDUCATION) ORDINANCE, 1972 (XI OF 1972)

FOREIGN CONTRIBUTION (REGULATION) ACT, 1976 [Act No. 49 of Year 1976]

THE FOOD CORPORATIONS ACT, 1964 ARRANGEMENT OF SECTIONS

Transcription:

The Pondicherry ndustrial Establishments (National and Festival Holidays) Act, 1964 Act 8 of 1964 Keyword(s): ndustrial Establishment, Wages, Holidays DSCLAMER: 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. n 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.

THE PONDCHERRY MDUSTRL4L ESTABLSHMENTS (NATONAL AND FESTVAL HOLDAYS) ACT, f 964. (No. 8 of 1964) SECTON ARRANGKhCENT OF SECTONS 1. Short title, extent and commencement. 2. Definitions. 3. Grant of National and Festival Holidays. 4. Employer to send statement to nspector. 5. Wages. 6. nspectors. 7.,Powers of -. nspectors. - - - ^ L. e 8. Penalties. - - - 2'Lr; 1 ' 9. Penalty for obstructing nspectot. 10. Exemptions. 11. Rights and privileges undkr other laws, etc., not affected. 12. Power to make rules..- r

FPE PONDCBERRY 1N)USTRAL ESTABLSHMENTS (NATONAL AND FESTVAL HOLDAYS) ACT, 1964 30th April, 1964. AN ACT to provide for the grant of National and Festival Holidays to persons eml.loyed in industrial establishments in the Union territory of Pondicherry. WHEREAS it is expedient to provide for the grant of National and Festival Holidays to persons employed in industrial establishments in the Union territory of Pondicherry. BE it enacted in the Fifteenth Year of the Republic of ndia as follows :- 1. Short title, extent and commencement.-(1) This Act may be called the Pondicherry ndustrial Establishments (National and Festival Holidays) Act, 1964. (2) t exte~ds to the whole of the Union territory of Pondicherry. (3) t shall come into force at once..2 Definitions.-n this Act, unlessl t%e context otherwise., requires,- z.. b (a) "Adrnhistrator" means Administrator of thes'union territory of Poridicherry appointed by the President of ndia under Article 239 of the Constitution; -. (b) "Day" means a period of twenty-four h&ri beginning at midnight ; --. L -

(c) "Employee" means- - -, - * : <,* '. a. (i) any person (including an apprentice) enlployed in any industrial establishment to do any skilled or. unskilled, manual, supervisory, technical or clerical work for hire or reward,. whether the terms of employment be expressed or implied ; (ii) any other person employed in any industrial establishment whom the Administrator may, by notification, declare to be an employee for the purposes of this Act; (d) "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 ; (e) "ndustrial establishment" means- _.., (i) a shop, commercial establishment, restaurant, eating house, residential hotel, theatre or any place of public amusements or entertainment and includes such establishment as the Administrator may, by notification, declare to be an'establishment for the purposes of this Act ;., * h-, :'.- :.:.-, L--. >,'.A-- *- - -k.a -,-- 3! : -?9Tiy a+ ~rirefoft Bi def?n'edti&eiide fin7rdff 4?cti'oi.Z%f the Factories Act, 1948 (Central Act 63 of 1948) or any place which is deemed to be 'a'f'a-ct&$ uker sub-section (2) of section 85 of that Act...L- ;&;' - J..-; 3-1. ' a.. 1.. -. (iii) any othe~ establishment-which the Administrator may, by fibt;ificatih', decl&r@:to b@%fi-idu"st:rial establishdent for.the purposes. 05 +his &t-;,_l$: ;yo; xi;,,-f.:,.:*'.3. 2.:: 5::: b;i

(1) "fnspector" means an inspector appointed under-subsection (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 an employee in respect of his employment or of the work done by 1-lim in such employment, and includes- (ij such allov.rances (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, water, medical attendance or other amenity 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 (d) any sum paid to the employee to defray special (e) any travelling concession. 3. Grant of Natioaal arrd Festival Holidays.--Every employee shall be allowed in each calendar year a haliday of one whole day an the 26th January, the 15th August, 16th August and the 2nd October and fohr other holidays each of one whole

day for such festival as the nspect~r may, in consultation with the employer md the employees, specify in respect of any industrial establishment : Provided that, if the majority of the employees so desire the 1st May shall be one of the four festival holidays aforesaid: '[Provided further that jf in any calendar year the 26th January, the 15th August, 16th August or the 2nd October Palls on a weekly holiday, every employee shall, in addition to his normal wages, at his option and subject to the proviso to sub-section (3) of section 5, be entitled to- (i) an extra single days's wages, or (ii) avail himself of an additional holiday with wages on any other day.] 4. Employer to send statement to hispector.-every employer shall send to the nspector 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 n7ages for each of the holidays. allowed to him under section 3. -, (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 empolyer has not less than twenty-four hours before such holiday- --- --.._---- -- --- - 1. ns. by Act 10 of 1970, section 2, w.e.f. S-5-1970.

L " (i)%erv@d in the p?&i;r'ibed hanner on the empolyee a, (ii) sent to the nspector having jurisdiction over the area in which the industrial establishment is situated and displiyed in the premises of the industrial establishment a coi3y 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 tituted holiday with wages on any other day.. * (3) Notwithstanding anything contained in sub-section (1) or sdb-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 rate equivalent to the daily average of his wrges to be calculated in the prescribed manner... (ii) u7he:-e he works on any such holiday, only at twice the rate mentioned in clause (i), or in lieu thereof, at the Provided that no such"en&oyee sgalf be $L(.tit~&d,-% be paid any wages for any of the holidays allowed under section 3 ' 'A y, c: -

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. nspectors.-(1) The Administrator may, by notification. appoint such persons or such class of persons as he thinks fit lo be nspectors for the purposes of this Act for such local limits as the Administrator may specify. F- (2) Every nspector shall be deemed to be a public servant within the meaning of section 21 of the ndi~i? Penal Code (Central Act XLV of 1860). 7. Powers of nspectors.-subject to any rvles made by the Administrator in this behalf, an nspector 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 permlsses 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, - (c) exercise such other powers as carrying out ';he purposes of this Act: Provided that no one shall be required ur-der this section to answer any question or give ariy evidel~ce tending to incriminate himself.

1 8. Penalties.-Any em~lover who contravenes any of the - " -. i 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. Penally lor obstructing nspector.-whoever wilfully obstructs an nspector in the exercise of any power conferred on him, hy or under this Act. or fails to prciduce on demand in writing by an nspector 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 1 Central or any State Government, local authority, Reserve B~nk of ndia, a railway administration operating any railway as defined in clause (20) of Article 366 of the Constitution or a co~tonment authority; or (d) any mine or oil field. (2) The Administrator may, by notificati~n, exempt eithel: 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 condition;! as the Administrator may deem fit,

11. Rights and- privileges under other laws, eic, not affected.--nothing contaihed in this Act shall affect any rights or privileges whicfi aliy employee is entitledio, 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 : Provided that if in any industrial establishment the number of holidays for festivals which any employee is entitled to, on the date on which this Act comes into force, exceeds four, the employer may, subject to the provisions of section 3, curtail a holiday of one whole day for one such festival as the nspector may, in consultation with the employer and the employees, specify in respect of the industrial establishment. 12. Power to makes rules.-(1) The Administrator may make rules for the purpose of carrying into effect the provisions of this Act. (2) n making a rule under this Act, the Administrator may provide that a contravention thereof shall be punishable with fine which may extend to fifty rupees. % (3) All rules made under this Act shall be published in the Pondicherry State Ga7ette and, unless they are 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 the Legislative Assembly apd if, before the expiry of the session in which

1 d or be of no effect, as the case may be, so however, that any such modification or annulmtnt shall be without prejudice to the \palidity of anything previo-usly done under that rule. 1