The Andhra Pradesh Factories and Establishments (National, Festival and other Holidays) Act, 1974.

THE ANDHRA PRADESH FACTORIES AND ESTABLISHMENTS (NATIONAL,
FESTIVAL AND OTHER HOLIDAYS) ACT, 1974
ACT No.32 of 1974
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Grant of National, Festival and other holidays
4. Employer to send statement to Inspector
5. Wages
6. Inspectors
7. Powers of Inspectors
8. Recovery of wages for holidays
9. Penalties
10. Penalty for obstructing Inspector
10A. Cognizance of offence
11. Exemptions
12. Rights and privileges under other laws, etc., not affected
13. Power to make rules
THE ANDHRA PRADESH FACTORIES AND ESTABLISHMENTS (NATIONAL,
FESTIVAL AND OTHER HOLIDAYS) ACT, 1974
ACT No.32 of 1974
[28th August, 1974]
AN ACT TO PROVIDE FOR THE GRANT OF NATIONAL, FESTIVAL AND
OTHER HOLIDAYS TO PERSONS EMPLOYED IN FACTORIES AND
ESTABLISHMENTS IN THE STATE OF ANDHRA PRADESH.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty-
fifth Year of the Republic of India, as follows:-
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Factories and Establishments (National, Festival and other
Holidays) Act, 1974.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by
notification, appoint.
2. Definitions- In this Act, unless the context otherwise requires,-
(a) “day” means a period of twenty-four hours beginning at
midnight;
(b) "employee" means any person (including an apprentice)
employed in any factory or 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; and includes any other person employed in any factory or
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 a factory or establishment
means a person who has the ultimate control over the affairs of
such factory or establishment and where the affairs of any such
factory or establishment are entrusted to any other person
(whether called a managing agent, manager, superintendent or by
any other name) such other person;
(d) "establishment" means any establishment as defined in clause
(m) of section 2 of the Andhra Pradesh Shops and Establishments
Act, 1966 (Andhra Pradesh Act 15 of 1966); and includes any other
establishment which the Government may,by notification, declare
to be an establishment for the purposes of this Act;
(e) "factory" means any factory as defined in clause (m) of section 2
of the Factories Act, 1948 (Central Act 68 of 1948),or any place
which is deemed to be a factory under sub-clause (2) of section 85
of the Act;
(f) " Government" means the State Government;
(g) "Inspector" means an Inspector appointed under sub-section (1)
of section 6;
(h) "notification" means a notification published in the Andhra
Pradesh Gazette and the word "notified" shall be construed
accordingly;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "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 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
service 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 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;
(d) any sum paid to the employee to defray special
expenses entitled on him by the nature of his
employment.
(e) any travelling concession.
3. Grant of National, festival and other holidays - (1) Every employee shall
be allowed in each calendar year a holiday of one whole day on the
26thJanuary,1[the 1st May,] the 15thAugust and the 2nd October and2[four
other holidays] each of one whole day for such festivals as may be notified by
the Government or by such other authority as may be prescribed:
3[Provided that it shall be open for any employer to declare, with the
consent of the employees in any factory or establishment and under intimation
to the Government or prescribed authority, a substituted holiday in lieu of any
of the festival holidays aforesaid.]
(2) Notwithstanding anything in this Act, the Government may, having
due regard to any emergency or special circumstances prevailing in the State or
any part thereof, notify any other whole day as a holiday to be allowed in any
calendar year, to such employees or class of employees as they may deem fit.
4. Employer to send statement to Inspector - Every employer shall send to
the Inspector having jurisdiction over the area in which the factory or
establishment is situated and display in the premises of such factory or
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 wages for each of the holidays allowed to him under section 3.
4[Provided that no wages for any such holiday shall be allowed in respect
of any employee, who has not put in atleast thirty days work within a
continuous period of ninety days immediately preceding that holiday, or who is
on leave with wages during any period including any such holiday.]
(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 employer has, not less than twenty four hours before such
holiday,-
(i) served in the prescribed manner on the employee a notice
in writing requiring him to work as aforesaid; and
1. Inserted by the Act No. 21 of 1980, S.2.2.  Inserted by the Act No. 21 of 1980, S.2.3. Substituted by the Act No. 21 of 1980, S.2.4. Proviso added by the Act No. 21 of 1980, S.2.
(ii) sent to the Inspector having jurisdiction over the area in
which the factory or establishment is situated and displayed
in the premises of the factory or establishment a copy 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
(ii) wages for such day and to avail himself of a substituted
holiday with wages on one of the three days immediately
before or after the day on which he so works:
Provided that 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 only at a rate equivalent
to the daily average of his wages to be calculated in the
prescribed manner.
6. Inspectors- (1) The Government may, by notification, 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 the Government may specify.
(2) Every Inspector shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
7. Powers of Inspectors- An Inspector, may, subject to any rules made by the
Government in this behalf, 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 any local
authority as he thinks fit to take with him, any place, which is, or
which he has reason to believe, is a factory or an 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 this Act;
(c) exercise such other powers as may be necessary for carrying out
the purposes of this Act;
Provided that no one shall be required under this section to
answer any question or give any evidence tending to incriminate
himself.
8. Recovery of wages for holidays - (1) Where any employer defaults in
payment of the wages to the employee for each of the holidays allowed under
this Act, the employee himself or any trade union of which he is a member or
any Inspector under this Act, or any authorised representative of the employee,
may apply to the authority specified in section 15 of the Payment of Wages Act,
1936 (Central Act 4 of 1936).
(2) The provisions of sections 15,15-A,16,17,17-A,1 [and 18] of the
Payment of Wages Act, 1936 shall, as far as may be, apply to all claims arising
out of default in payment of the wages of employees for the holidays allowed
under this Act.
9. Penalties - Any employer who contravenes any of the provisions of section 3
or section 5 shall be punished with fine which, for the first offence, may extend
to2[one hundred and fifty rupees] and for a second and subsequent offences
may extend to2[seven hundred and fifty rupees].
1. Substituted by the Act No. 21 of 1980, S.4.2. Substituted by the Act No. 21 of 1980, S.5.
10. Penalty for obstructing Inspector - Whoever wilfully obstructs an
Inspector in the exercise of any power conferred on him by or under this Act, or
fails 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 punished with imprisonment for
a term which may extend to three months or with fine which may extend to five
hundred rupees or with both.
1[10A. Cognizance of offence -No court shall take cognizance of any offence
punishable under this Act, except on a complaint made by, or with the
previous sanction in writing of, an Inspector, within six months from the date
on which the offence comes to the knowledge of the Inspector.]
11. Exemptions - (1) Nothing in this Act shall apply to-
(a) any employee in a position of management;
(b) any employee whose work involves travelling;
(c) any factory or establishment under the control of the Central or
any State Government, local authority, Reserve Bank of India, a
railway administration operating any railway as defined in clause
(20) of article 366 of the Constitution, or a cantonment authority;
or
(d) any-mine or oil field.
(2) The Government may, by notification and for reasons to be specified
therein, exempt either permanently or for any specified period, any factory or
establishment or class of factories or establishments or persons or class of
persons from all or any of the provisions of this Act subject to such conditions
as the Government may deem fit.
12. Rights and privileges under other laws, etc., not affected- Nothing
contained in this Act shall affect any rights or privileges, which any employee is
entitled to, on the date on which this Act comes into force, under any other
law, award, agreement or settlement, 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.
13. Power to make rules - (1) The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
(2) In making a rule under this Act, the Government may provide that a
contravention thereof shall be punished with fine which may extend to fifty
rupees.
(3) Every rule made under this Act shall, immediately after it is made, be
laid before each House of the State Legislature if it is in session and if it is not
in session, in the session immediately following, for a total period of fourteen
days which may be comprised in one session, or in two successive sessions,
and if, before the expiration of the session in which it is so laid or the session
immediately following both Houses agree in making any modification in the
rule or in the annulment of the rule, the rule shall, from the date on which the
modification or annulment is notified, have effect only in such modified form or
shall stand annulled, 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.
1. Inserted by the Act No. 21 of 1980, S.6.

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