A contravention of sub-rule (1), (2) or (5) of rule 3, sub-rule (4) of rule 4 or rules 5, 6, 6A or 7 by the employer shall be punishable with fine which may extend to fifty rupees.
---- 1 The words “within a period of ninety days” omitted by G.O. Ms. No. 81, dated 9th January, 1986 2 Subs. by G.O. Ms. No. 12, Labour and Employment, dated 3rd January, 1981 3 Certain words omitted by G.O. Ms. No. 88, Labour and Employment, dated 18th January, 1990 FORM No. I [See sub-rule (1) of rule 3] From (Name and address of the employer) To (Designation and address of the Inspector having jurisdiction over the area in which the Industrial establishment is situated.)
Sir, I propose that the following festivals may be specified under section 3 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (Tamil Nadu Act XXXIII of 1958), in respect of my industrial establishment, namely, (a) at (b) Serial number Description of festivals 1 2 3 4 5
2. The total number of employees in the above industrial establishment is .....
3. A notice in Form No. II has been exhibited in the above industrial establishment on the ............................ A copy of the notice aforesaid is enclosed.
4. The names of the trade unions which claim to represent my employees are:
To my knowledge there is no trade union representing the employees. (c) Date: Yours faithfully, Signature of the employer.
Note –(a) Here enter the name of the industrial establishment.
(b) Here enter the full address of the industrial establishment.
(c) Delete portion not applicable to the industrial establishment.
This form shall be completed in ink in block letters or typed.
FORM No. II [See sub-rule (2) of rule 3] Notice I have proposed to the ..................(a) that the following* festivals mentioned in column (2) of the statement below may festival/s mentioned in column (3) of the statement below may be specified be specified in lieu of the festival/s already specified and mentioned in column (2) thereof under section 3 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (Tamil Nadu Act XXXIII of 1958), in respect of this industrial establishment.
Statement Serial Description of the *Description of festivals proposed Number festival/s for specification in lieu of that/those mentioned in column (2).
(1) (2) (3) 1 2 3 4 5
2. Any employee of this industrial establishment or trade union representing the employees of this industrial establishment may send to the above mentioned Inspector objections or suggestions, if any, to the proposal mentioned above.
3. The objections or suggestions should reach the above mentioned Inspector within a period of fifteen days from the date on which this notice is displayed in the premises of the industrial establishments.
Date on which the notice is exhibited.
Signature of the employer Note – (a) Here enter the designation and address of the Inspector having jurisdiction over the area in which the industrial establishment is situated.
*Delete whichever is not applicable.
This form shall be completed in ink in block letters or typed.
FORM No. III [See sub-rule (5) of rule 3 and sub-rule (4) of rule 4] Proceedings of (a) Under section 3 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (Tamil Nadu Act XXXIII of 1958), I specify the *festival(s) mentioned in column (2) / festival(s) mentioned in column (3) of the statement below for which holidays of the statement below in lieu of the festival/s mentioned in column (2) thereof which was/were specified for the industrial establishment in proceeding No...................., dated the ........................ for which holidays shall be granted every year to the employees in the industrial establishment, namely (b) at (c) Statement Serial Description of the *Description of festivals proposed Number festival/s for specification in lieu of that/those mentioned in column (2).
(1) (2) (3) 1 2 3 4 5 Date: Signature of the Inspector Note – (a) Here enter designation of the Inspector having jurisdiction over the area in which the industrial establishment is situated.
(b) Here enter the name of the industrial establishment.
(c) Here enter the full address of the industrial establishment.
* Delete whichever is not applicable.
This form shall be completed in ink in block letters or typed.
FORM No. IV [See sub-rule (2) of rule 4] To (Designation and address of the Inspector having jurisdiction over the area in which the Industrial establishment is situated.)
Sir, Reference: Your proceedings No. ............, dated ............
I, the employer of the industrial establishment, namely We, the employees in the industrial establishment, namely, I, the Secretary of the trade union representing a substantial number of employees in the industrial establishment * at # namely, * at # propose that the festival / festivals mentioned in column (3) of the statement below may be specified under section 3 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (Tamil Nadu Act XXXIII of 1958), in respect of the above industrial establishment at # in lieu of the festival/s mentioned in column (2) which was/were specified in the proceedings cited.
Statement Serial Description of the *Description of festivals proposed Number festival/s for specification in lieu of that/those mentioned in column (2).
(1) (2) (3) 1 2 3 4 5
2. The total number of employees in the above industrial establishment is.....
3. $A Notice in Form No. II has been exhibited in the above industrial establishment on the ................. A copy of notice aforesaid is enclosed.
A copy of the application has been sent to the employer of the above mentioned industrial establishment by pre-paid registered post on the same date on which this is sent to you.
4. @The names of the trade unions which claim to represent the employees are There is no trade union representing the employees.
Date: Yours faithfully, Signature of the employer Signatures of the employees Signature of the Secretary of the trade union representing a substantial number of employees Note –(1) This form shall be filled in ink in block letter or typed
(2) Against reference, the number and date of the proceedings in which the festivals were specified shall be given.
(3) *Here enter the full name of the industrial establishment
(4)#Here enter the full address of the industrial establishment
(5)@Delete the portion which is not applicable to the industrial establishment.
(6)$Delete whichever is not applicable.
FORM No. V [See sub-rule (1) of rule 5] Statement showing the holidays allowed under Sec. 3 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (Tamil Nadu Act XXXIII of 1958) Name and address of the employer:
Name and address of the industrial establishment:
No. and date of the proceedings of the Inspector:
Festival Holidays allowed in the year ........
Serial Description of the Days, dates and months of the year on Number Holidays which the National and Festival holidays are allowed under Sec. 3 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (Tamil Nadu Act XXXIII of 1958) 1 2 3 4 5 6 7 8 9 Date: Signature of the employer Note – This form shall be completed in ink in Block letters or typed.
FORM No. V-A [See rule 6-A] Notice to the employee under sub-clause (i) of clause (a) of sub-section (2) of section 5.
Under sub-clause (i) of clause (a) of sub-section (2) of section 5 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (Tamil Nadu Act XXXIII of 1958), the following employee is hereby required to work on ............
which is a holiday allowed under section 3 of the Act. He is further required to give his option in writing whether he prefers to be paid for such holidays on which he works-
(i) twice the wages; or
(ii) wages for such day and to avail himself of a substituted holiday with wages on any other day.
Dated at the day of 20 To Sri (Here enter the name of the employee) Copy to the Inspector Signature of the employer.
Note- This notice shall be exhibited in a conspicuous place at or near the main entrance in the premises of the industrial establishment.
FORM No. VI [See sub-rule (1) of rule 7] REGISTER OF NATIONAL AND FESTIVAL HOLIDAYS Days, dates and months of the year on which the National and Festival holidays are allowed under Sec. 3 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (Tamil Nadu Act XXXIII of 1958) S e ri a l n u m b e r N a m e o f th e e m p lo y e e T ic k e t n u m b e r o r fa th e r’ s n a m e Days, dates and months of the year on which the National and Festival holidays are allowed under Sec. 3 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (Tamil Nadu Act XXXIII of 1958) R e m a rk s 1 2 3 4 5 6 7 8 9 * * * * * * * * * * * * To be marked as follow:
‘H’ for holidays allowed ‘W/D’ for work on double wages ‘W/H’ for work with substituted holiday ‘N/E’ if not eligible for the wages