462 ODISHA LOCAL LAWS *The Odisha Industrial Establishment (National and Festival) Holidays s Act, 1969 An Act to provide for the grant of national and festival holiday persons employed in industrial establishments in the State of oi;:~a CONTENTS ------ ACT:
1. Short title, extent · 6. Inspectors -and p f 1 7. 0'vYers o nspectors • commencement
2. Definitions
3. Grant of national and festival holidays
4. Employer to display statement of holidays
5. Wages
8. Penalties
9. Penalty for obstructing lnspecto . r
10. Exemption
11. Rights and privileges under other laws, etc.
12. Power to make rules Be it enacted by the Legislature of the State of Odisha in the Twentieth Year of the Republic of India as follows :
1.Short title, extent and commencement-(1) This Act may be called the Odisha Industrial Establishments (National and Festival) Holidays Act , 1969.
(2) It extends to the whole of the State of Odisha .
(3) It sha ll come into force at once .
2.Definitions-ln this Act, unless the context otherwise requires~
(a) · "day" means a period of twenty-four hours beginning at midnight;
(b) "employee" means-
(i) any person (inclu<Jing an apprentice) employed 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 exp re ss 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) "holiday" means holiday as provided in this Act;
(e) "industrial ~stablishment" means-
(i) any establishment as defined in Clause (8) of Section 2 of the Odisha Shops and Commercial Establishment Act, 1956 (Odisha Act 30 of 1956); · Published vide Odi_sha Gazette Ext./8-12-1969-O .A . No. 22 of ·1969.
69 For Statement of Objects and Reasons see Odisha Gazette Ext. No. 1544/8-10-19 s. 4] 0 . Ind . Est. (N . and F.) Holidays Act, 1969 463
(ii) any factory as defined in Clause (m) of Section 2 of the Factories Act, 1948 (63 of 1 ~48) or any place which is deemed to be a factory under Section 85 of that Act · · ' (i ii) any pl~ntation as defined in Clause (f) of Section 2 of the Plantations Labour Act, 1956 (61 of 1956) ; and
(iv) an~ ?th~r establishment which the State Government may, by not1f1cat1on, declare to be an industrial establishment for the purpose of this Act; · ·
(f) "Inspector" means an I·nspector appointed under Sub-sect ion
(1) of Section 6 ;
(g) "wages" means all remuneration capable of being expressed in terms of_ mo~ey, which would, if the terms of employment , express or 1mphed, were fulfilled, be payable to an 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 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 serv ice . or of any concessional supply of foodgrains 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 th.e 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 ; and
(e) any travelling concession .
3. Grant of national and festival holidays- 1[(1 )] Every employee shall be allowed in each calendar year a holiday of one whole day on the 26th Ja~uary, 2(1 st May), the 15th August and the 2nd October and four othe·r holidays each of one whole day for such festivals as the Inspector may, in ~onsultatiori with the employer and the empl0yees·, $pecify in respect of any industrial establishment. . . · . . · 3[(2) In addition to the holidays provided in Sub section (1 }, in .the event of any general election or·bye-election to Parliament or the State Legislative Assembly, the date of every such election as notified by the Election Commission shall be allowed as a holiday of one whole day :
Provided that in the case of a bye-election, the date or such election ~:all be allowed as a holiday only in respect of empl?yees who belongs to e concerned constituency.]
d' 4.Employer to display statement of holidays-Every employer shall !~Splay in the premises of the industrial establishment, a statement showing v/ ~olidays allowed in each calendar year under Section 3, in such form , 'th1 n such time and in such manner as may be prescribed .
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· . Inserted vide O .A. No . 21 of 1989 . . · 3 Inserted vide Odisha Gaz r a e Ext . No . 463/30-3-1992-0 . A. No. 17 of 1992 . .
464 ODISHA LOCAL LAWS .
5. Wages -( 1) Notwithstanding any cont~act 10 th e contrary e employee shall be paid wages for each of the holidays allowed to hi~ Very Section 3.
under
(2) Where an employee _works on any holiday allowed unde~ Seer 3, he shall , at his option be entitled to - 10n
(a) twice the wages ; or
(b) wages for such day and to avail himself of a substituted h .
with wages on any other day within six months from the h 0 1 !1day . . o Ida on which he so works . . Y,
(3) Notwithstanding anything contained in Sub-section (1) or S section (2) an employee who is paid wages . by the day or at piece ra~b shall be entitled to be paid wages for any holiday allowed under Sect{o es ·1 f h' n 3.
· (i) only at a rate equivalent to the da1 y a~erage o . 1s w_ages for the days on which he actually worked during the month 1mmediatel preceding such holiday ; Y
(ii) where he works on any such holiday, only at twice the rate mention d in Clause (i) , or in lieu thereof, at th_e rate m~ntioned in lh:t clause and to avail himself of a substituted holiday with wage at that rate on any other day within six months from the holida:
on which he so wor~s :
Provided that no such employee shall _be ent_itled_ to _be paid any w·ages for any of the holidays allowed under this section, 1f hrs name was not on the rolls of the industrial establishment continuously for a month immediately prior to the holiday :
1
Provided further that no such employee shall be entitled to be paid any wages for any of the holidays allowed under this section if he was enjoying leave with pay.
(4) Where any money is due to an employee from an employer under this Act, the employee or any other person authorised by him in writing in this behalf, or, in the case of death of the employee, his assignee oy' heir may, without prejudice to any other mode of recovery make an application to tt}e State Government for recovery of the money due to him, and if the State Govelnment are satisfied that any money is so due, they shall is'sue a certificate for that amount to the Collector within whose jurisdiction the industrial establishment is situate and the Collector shall thereupon proceed to recover the same in the same manner as if it were an arrear of land revenue payable to the State Government :
Provided that every such application shal~:be made within one year from the date on which the money became due t,6 the employee :
Provided further that any such application may be entertained a~ter the expiry of the said period of one year, if the State Government are satisfi~d that the applicant had sufficient cause for not making the application within the said period .
6. lnspectors-(1) The State Government may, by notification, appoin:
such persons or such class of persons as they think fit to be Inspectors fo the purposes of this Act for such local limits as they may specify. .
'thin (~) Every Inspector shall be deemed to be a public servant wr the meairnng of Section 21 of the .Indian Penal Code (45 of 1860).
7 Po f I . · h State · . wer,s o nspectors-Subject to any rules made by t e ;ch Go~emme~t in th1 s behalf, an Inspector may, within the local limits for wh he 1s appointed- · ◄ r , 121 o. Ind . Est. (N. and F.) Holida A ys ct, 1969 465 S· .
nter at all reasonable times and w·t·h ( ) e ' • h I such ass · t a who are persons int e service of the St t ts ants, if any, iocal authority, as he thinks fit to take : -t~ ~?vernment or of any is, or which he has reasons to believe to be a'n ind';• ~ny plac.e which make such examination of the premises d st nal establishment;
(b) registers, records and no,tices and take onat~e ~f any prescri~ed the evidence of such person as h pot or otherwise, . h e may deem necessary for carrying out t e purposes o.f this Act ; and ) exercise such other powers as may be necessary f • (c · out the purpose of this Act : or carrying provided ~hat no on~ shall be required under this section to answer n question or g_,ve any evidence tending to incriminate himself.
a Y s. penalt1~s-Any employer wh_o ~ontravenes any of the provisions of t.
n 3 or Section 5 shall , on conv1ct1on , be punishable with fine which sec 10 ff t d t t · ' the first o ence may ex en ° wenty-f1ve rupees and for a second and fo r equent offence may extend to two hundred and fifty rupees su bs . . .
9. Penalty.for_ obstructing Inspector-Whoever wilfully obstructs an · inspector in the exercdise of adnr po":'~.r cob. nferred on him by or under this Act fails to produce on ema~ . in writing y an Inspector any register, record · ~~ 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 exten~ to three months or with fine which m·ay extend to five hundred rupees or with both . · _ · 1 O. Exemption-( 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 Government, the Reserve Bank of India, a railway-administration operating any ~i~y as defined in Clause (20) of Article 366 of the Constitution or a cantonment authority; or
(d) any mine or oil field.
(2) The State Government may, by notification exempt either permanently or for any specified period any es.tablishment or class of establishments or person or class of persons from all or any of the provisions of the Act, subject to such conditions as they may deem fit. · . · 11 . Rights and privileges under other lc~ws, etc.-Nothing conta ined !n this Act shall adversely affect any rights or privileges which any employee 1s ~ntitled to with respect to national and festival holidays on the date on which this Act comes ·into force under any other law, contract, custom or us~ge, if such rights or privileges are more favourable to him than those to Which he would be entitled under this Act. · f 12. Power to make rules-(1) The State_ ~overnme~t may make rules or the purpose of carrying into effect the prov1s10ns of this Act.
(2) In making a rule under this Act, the State Government may provide that a contravention the'reof shall be -punishable with fine which may extend to fifty rupees.
th (3) All rules made under this section shall, as soon as may be after f ey are made, be la id before the State Legislature for a total period of d:~~teen days which may be compris·ed in one or more_ ~es~ions _and if th in~ the said period the State Legislature makes mod1f1cat1ons, 1f any, hoere in the rules shall th~Heafter have effect only in such modified form ; so an We~er that such modifications shall be without prejudice to the validity of Yth1ng previously done under the rules .
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