LexThe Himachal Pradesh Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act, 1969
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH INDUSTRIAL ESTABLISHMENTS
(NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL AND SICK
LEAVE) ACT, 1969
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. National and Festival Holidays.
4. Casual and sick leave.
5. Wages.
6. Account of holidays and leave to be kept.
7. Inspectors.
8. Powers of Inspectors.
9. Penalties.
10. Power to recover wages.
11. Penalty for obstructing Inspector.
12. Cognizance of offences.
12A. Composition of offences.
13. Exemptions.
14. Rights and privileges under other laws etc. not affected.
15. Power to make rules.
16. Repeal and saving.
THE SCHEDULE.
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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)
1
(Received the assent of the President on the 28 th January 1970, and
was published in the Rajpatra, Himachal Pradesh (Ex tra-ordinary), dated the
4th April, 1970, pp. 298-303 ).
An Act to provide for the grant of national and fes tival holidays and
casual and sick leave to persons employed in Indust rial
Establishments in Himachal Pradesh.
1. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh, dated
26 th September, 1969, p. 870.
2 THE HIMACHAL PRADESH INDUSTRIAL ESTABLISHMENTS (N ATIONAL AND
FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) ACT, 1969
Amended, repealed or otherwise affected by :-
(i) The Himachal Pradesh Adaptation of Laws (State and
Concurrent Subjects) Order, 1973, published in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated the 20
th January,
1973, pp. 91-112. Effective from 25 th January, 1971.
(ii) H.P. Act No. 13 of 2010 1, assented to by the Governor on the
25 th May 2010, published both in Hindi and English in t he
Rajpatra, Himachal Pradesh, dated 2 nd June, 2010, pp. 1049-
1056.
BE it enacted by the Himachal Pradesh Legislative Ass embly in the
Twentieth Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Industrial Establishmen ts (National and Festival
Holidays and Casual and Sick Leave) Act, 1969.
(2) It extends to the whole of the 2[State] of Himachal Pradesh.
(3) It shall come into force on such date 3 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 begin ning 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 establi shment, means
the person who has the ultimate control over the af fairs of the
industrial establishment, and where the affairs of any
industrial establishment are entrusted to any other person,
whether called a managing agent, manager, superinte ndent or
by any other name, such other person shall be deeme d to be
the employer.
(c) 4[XXXXXXXXXXXXXXXXXXXXXXXXXXX]
(d) "industrial establishment" means-
(i) any factory as defined in clause (m) of section 2 of the
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Prad esh, dated 22 nd April, 2010,
pp. 412 and 417.
2. Substituted for “Union territory” by A.O., 1973.
3. The Act came into force from 15 th August, 1970, vide Notification No. 2-26/69-
SI, dated the 29 th July, 1970, published in the Rajpatra, Himachal P radesh, dated
8th August, 1970, pp. 699-700.
4. The definition of “Government” omitted by A.O., 1973.
THE HIMACHAL PRADESH INDUSTRIAL ESTABLISHMENTS (NATIONAL AND 3
FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) ACT, 1969
Factories Act, 1948 (63 of 1948), or any place whic h is
deemed to be a factory under sub-section (2) of sec tion
85 of that Act ; or
(ii) any plantation as defined in clause (f) of sec tion 2 of the
Plantations Labour Act, 1951 (69 of 1951);
(e) "Inspector" means an Inspector appointed under sub-section
(1) of section 7;
(f) "notification" means a notification published u nder proper
authority in the Official Gazette ;
(g) "Official Gazette" means the Rajpatra, Himachal Pradesh;
(h) “prescribed” means prescribed by rules made und er this Act;
(i) "wages" means all remuneration (whether by way of salary,
allowances or otherwise) expressed in terms of mone y or
capable of being so expressed which would, if the t erms of
employment, expressed or implied, were fulfilled, b e payable
to a worker in respect of his employment or of work done in
such 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 an y
service or of any concessional supply of food grain s or
other articles;
(c) any contribution paid or payable by the employe r-
(i) to any pension or provident fund, and the inter est
which may have accrued thereon; or
(ii) for the benefit of the worker under any law fo r the
time being in force;
(d) any travelling allowance or the value of any tr avelling
concession;
(e) any sum paid to the worker to defray special ex penses
entailed on him by the nature of his employment ; or
(f) any gratuity payable on the termination of empl oyment;
and
(j) "worker" means-
(i) any person (including an apprentice) employed i n
industrial establishment to do any skilled or unski lled,
manual, supervisory, technical or clerical work for hire
or reward whether the terms of employment be
expressed or implied; or
4 THE HIMACHAL PRADESH INDUSTRIAL ESTABLISHMENTS (N ATIONAL AND
FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) ACT, 1969
(ii) any other person employed in any industrial
establishment whom the Government may, by
notification, declare to be a worker for the purpos e of
this Act.
3. National and Festival Holidays.- (1) Every worker shall, in each
year, be allowed in such manner, and on such condit ions, as may be
prescribed-
(a) three national holidays of one whole day each o n the 26
th
January, 15 th August and 2 nd October ; and
1[(b) five other holidays on any of the festivals sp ecified in the
Schedule, out of which one shall be the Himachal Da y and
the other shall be the Statehood Day.]
(2) The Government may, by notification, add to or omit from the
Schedule any festival, and thereupon the Schedule s hall 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 s (including a condition
to the effect that one kind of leave shall not be l inked with another 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, e very
worker shall for each of the national and 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 wag es for any
holiday or leave, other than a national holiday, if his name
was not on the rolls of the industrial establishmen t
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) o r
sickness allowance under the Plantation Labour Act, 1951 (69
of 1951) he shall not be entitled to be paid such w ages 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.
1. Substituted vide H.P. Act No. 13 of 2010.
THE HIMACHAL PRADESH INDUSTRIAL ESTABLISHMENTS (NATIONAL AND 5
FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) ACT, 1969
(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
(b) his average daily wage for that day and a subst ituted holiday
with his average daily wage on any other day within ninety
days from the day on which he so works.
Explanation .- For the purposes of this section, the average daily wage
of a worker shall be computed on the basis of his t otal full-time wages during
the preceding three months, exclusive of any overtime wages, if any:
Provided that the average daily wage of a worker wh o is paid wages
by the day or at piece rate shall be computed on th e basis of his wages for the
days on which he actually worked during the month i mmediately 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 work er 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 fi t to be Inspectors for
carrying out the purposes of this Act for such area s as may be specified in the
notification.
(2) Every Inspector shall be deemed to be a public servant with in the
meaning of section 21 of the Indian Penal Code.
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 i s, or which he
has reason to believe to be, an industrial establishment;
(b) make such examination of the premises and of an y prescribed
registers, records and notices and take on the spot or
otherwise the evidence of such person as he may dee m
necessary for carrying out the purposes of this 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 th is 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 sha ll be punishable, for the first
offence, with fine which may extend to
1[one thousand] rupees and for a
1. Substituted for the words “one hundred” vide H. P. Act No. 13 of 2010.
6 THE HIMACHAL PRADESH INDUSTRIAL ESTABLISHMENTS (N ATIONAL AND
FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) ACT, 1969
second or subsequent offences, with fine which may extend to 1[two thousand
and five hundred] 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 due wages under this Act, the amount of which shall be
determined by the Magistrate, he shall direct the e mployer to pay such wages
to the worker.
(2) The amount of wages determined under sub-sectio n (1) shall, for
the purposes of recovery be deemed to be a fine imp osed under this Act, in
addition to the penalty imposed under section 9 and shall be realised as such.
11. Penalty for obstructing Inspector.- Whoever wilfully 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 thereu nder shall be punishable
with imprisonment for a term which may extend to th ree months, or with fine
which may extend to 2[five thousand] rupees, or with both.
12. Cognizance of offences.- (1) No Court shall take cognizance of
any offence under this Act or the rules made thereunder except on a complaint
in writing by an aggrieved person or an Inspector.
(2) No Court below that of a Magistrate of the firs t class shall try any
offence punishable under this Act or the rules made thereunder.
3[12 A. Composition of offences .- (1) An officer not below the rank
of Labour Officer specifically authorized by the St ate Government, by
notification , may , on an application made by the accused, compound any
offence whether committed before or after commencem ent of this Act, by
accepting an amount which shall not be less than fi fty per cent of the penalty
provided for the particular offence.
(2) Where an offence has been compounded under sub-section (1), the
offender, if in custody, shall be discharged and no further proceedings shall be
taken against him in respect of such offence:
Provided that if a person commits similar offence a gain within the
period of two years from the date of composition of first offence, the same
shall not be compounded.]
13. Exemptions.- (1) Nothing contained in this Act shall apply to-
(a) any worker drawing wages exceeding 4[ten thousand] rupees
per mensum and employed mainly in a managerial,
administrative or supervisory capacity ;
1. Substituted for the words “two hundred and fift y” vide H.P. Act No. 13 of 2010.
2. Substituted for the words “five hundred” vide H .P. Act No. 13 of 2010.
3. Section 12-A inserted vide H.P. Act No. 13 of 20 10.
4. Substituted for the words “five hundred” vide H. P. Act No. 13 of 2010.
THE HIMACHAL PRADESH INDUSTRIAL ESTABLISHMENTS (NATIONAL AND 7
FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) ACT, 1969
(b) any worker employed in an industrial establishm ent under the
control of the Government or Central Government or any
State Government to whom the Civil Service Rules or any
other similar rules or regulations notified in this behalf by the
Government, Central Government or any State Governm ent
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 notif ication, exempt
either permanently or for a specified period any cl ass of industrial
establishments from all or any of the provisions of this Act subject to such
conditions as the Government may deem fit.
14. Rights and privileges under other laws etc. not affected.-
Nothing contained in this Act shall affect any righ ts 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 hi m 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 r ules for the purpose of
carrying out the purposes of this Act.
(2) In particular, and without prejudice to the gen erality of the
foregoing power, such rules may provide for-
(a) the manner in which, and the conditions on whic h, national
and other holidays shall be allowed to workers unde r section
3;
(b) the number of days for which, the manner in whi ch, 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 ac count 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 provi ded.
(3) In making a rule under this section, the Govern ment may provide
that a contravention thereof shall be punishable with fine which may extend to
1[five hundred] rupees.
(4) Every rule made under this section, shall be laid as soon as may be
after it is made, before the Legislative Assembly w hile it is in session for a
total period of not less than fourteen days which m ay be comprised in one
session or in two successive sessions, and if, bef ore the expiry of the session
in which it is so laid or the session immediately f ollowing, the Assembly
makes any modification in the rule or decides that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of
1. Substituted for the words “fifty” vide H.P. Act No. 13 of 2010.
8 THE HIMACHAL PRADESH INDUSTRIAL ESTABLISHMENTS (N ATIONAL AND
FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) ACT, 1969
no effect, as the case may be; so however, that any such modification or
annulment shall be without prejudice to the validit y of anything previously
done under that rule.
16. Repeal and saving.- (1) The Punjab Industrial Establishment
(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 of 1966) is hereby repealed.
(2) The repeal of the Punjab Industrial Establishme nts (National and
Festival Holidays and Casual and Sick Leave) Act, 1 965 by sub-section (1)
shall not affect-
(a) the previous operation of that Act or anything duly done or
suffered thereunder ;
(b) Any penalty or punishment incurred in respect o f any offence
committed against that Act; or
(c) any investigation, legal proceeding or remedy i n respect of
any such penalty or punishment and any such investi gation,
legal proceeding or remedy may be instituted, conti nued 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-sect ion (2), any thing
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 ta ken under the
corresponding provisions of this Act.
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1[THE SCHEDULE
[See section 3 (1) (b)]
1. New Year’s Day.
2. Statehood Day.
3. Basant Panchami.
4. Guru Ravi Dass’s Birthday.
5. Shivratri.
6. Holi.
7. Id-ul-fiter.
8. Ram Naumi.
9. Lord Mahavira’s Birthday.
10. Good Friday.
1. Schedule substituted vide Act No. 13 of 2010.
THE HIMACHAL PRADESH INDUSTRIAL ESTABLISHMENTS (NATIONAL AND 9
FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) ACT, 1969
11. Vaisakhi.
12. Himachal Day.
13. Id-ul-Zuha.
14. Muharram.
15. Solan fair.
16. Milad-un-Nabi.
17. Janam Ashtmi.
18. Bawan Dwadashi fair (Nahan).
19. Raksha Bandhan.
20. Minjar fair (Chamba).
21. Dussehra.
22. Maharishi Balmiki’s Birthday.
23. Lavi Fair (Rampur).
24. Diwali.
25. Lala Lajpat Rai’s Death Anniversary.
26. Guru Nanak’s Birthday.
27. Lohri.
28. Guru Gobind Singh’s Birthday.
29. Vishwa Karma Jayanti.
30. Christmas Day.
31. May Day.
32. Nalwar fair of Bilaspur.
33. Dussehra of Kullu.
34. Hamir Utsav.
35. Una Maha Utsav.
36. Tribal fair (Kinnaur).
37. Renuka fair.
38. Makar Sakranti.
39. Bhaiya Dooj.
40. Karuva Chauth.]
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