The Odisha Industrial Establishments (National and Festival) Holidays Act, 1969

 
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The Orissa Industrial Establishments (National and Festival) Holidays Act, 
1969 
 
Act 22 of 1969 
 
 
 
 
 
 
 
 
Keyword(s): 
Holiday, Industrial Establishment, Inspector, Wages 
 
Amendment appended: 17 of 1992
 
ORXsSA ACT 22 OF 1969 
Tm QRISSA lNDUSTRIAL ESTD~HMENTS; 
(NATIONAL AND FESTIVAXI) HOWDAYS1 ACT, 
1969 
CONTENTS 
1. Short title, eXtcnt md comrnenwment 
2. Definitirns 
3, Grant of National and Festival Holidays 
4. Employer to display statement of holidays 
5. Wages 
6. InspcctoIs 
7. Power of Inspectors 
8. Penalties 
9. Penalty for obtrucling Tnspwtor 
10. Exemption 
11, Rights and Privileges under other laws, etq. 
42. Power to make 
(TI-~E ORISSA INDUSTRIAL ESTABLLSH- 
39ENTS ( NATIONAL AND FESTIVAL ) 
HOLIDAYS ACT, 19691 
[Received the osseitt of the Governor orz the 23th 
November 1969, Jirst pu blislred i~z 1112 exftha- 
ol-dhlary isstre of file Orissa Gazette, dater1 
flze 8th December, 19691 
AN ACT TO PROVIDE FOR TIE GRANT OF NATIONAL 
AND FESTIVAL HOLIDAYS TO PERSONS EMPLOYED 
IN INDUSTRIAL ESTABLISHMENT IN THE STATE 
OF ORISSA 
. . 
BE it enacted by the Legislature of the State of 
. OrissaintheT~eniieth YearoftheRepublicofIndia 
follows:- 
. . 
I. (I) This Act may be cnlled the Oxissa Industria1 Short title, 
extent and 
Esta bljsl~ments (Na tionibl and Festival) Iqolidnys ,,mm,,,. 
Act, 1969. rncn~. 
: T'. 
(2) It extends to the wholc of the State of Orissa. . . .I 
(3) It shall come into force at one. 
2. In this Act, unIess the context otherwise Ddnilions 
requires,- 
(a) "day" means a period of twenty-four hours 
beginning at midnight ; 
(b) ' f employee" means- 
. . (j) any person (including an apprentice) 
employed in any Industrial Establishment 
to do any skilled or unskilIed, manual, 
supervisory, technical or clerical work for 
hire or reward, whether the terms of 
employment be express or implied ; 
(ii) any other person emplo ed in any Industrial 
i Establishment whom t e Government may, 
by notification, declare to be an employce 
for the purposes of this Act ; 
1. For Statement of Objects and Roasons sce Orixsa Gnzettc, Extra- 
ordiaory, datcd !he 8th October I969 (NO. 1544). 
(c) "employer" when used in relation to an 
IndustriaI Establishment means a person 
who has the ultimate control over the 
affairs of the Industrial Establishment, and 
where the affairs of any Xndustrial Esb- 
blishlnent are entrusted t'o any other person 
(whether called a Managing Agent, Manager, 
Superintendent or by any other name) such 
other person; 
(dl- "holiday" means holiday, as provided in this 
Act; 
(e) "IndustriaI Eetablishment"' means- 
(i) any establishment as deked in clause 
(8). of section 2 or thq Orissa Shags and *,, Commercial Establishment, Act, 1;9 6;; 30 or 1956. 
(ii) any factory as defined in clause (in) of 
sectio~l 2 of the Factories Act, 19-48, or 63 of 1948 
any place which is de.erned to be a 
factory under sub-sectibn 85 of that Act; 
liiil anv ~Iantation as defined in clausdfl \, 
of skiion 2 of the Plantations ~abdu; of1951 Act, 1951; and 
(iv) any other establishment which the State 
Government may, by nptifwtion, dwlare 
to be an IndustriaI Establishment:-for: the 
gurpose of this Act; 
If) CLItlspector" means an Inspector appointed 
under subsection (1) of section 6; 
(g) Wages" means all remuneration capable of 
being expressed in tems of m~eey, which 
would, if the terms of employment, express 
of implied, were fulfilled, be payable to an 
employee in respect of his employment or 
of the work done by himin such employ- 
ment, 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, watet, medical 
atteadance or der amenity or of any 
I service or OF. any concessional supply of 
foodgrains or other articles; 
22 of 19693 (NATIONAL AND FBSTIVAL) HOLIDAYS ACT, 1969 
but does not include- 
(a) any bonus; 
(b) any contribution paid or payable by !he 
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 service; 
(dl 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. 'Evely employee shall be allowed in each Grant or 
calendar year a holiday of one whole day ~~~ti~R'md 
o on the 26th January, the 15th Augtrst and the 2nd Holidays. 
'October and fouf other holidays each of one whole 
day for such festivals as the Inspector may, in 
consultation with the employer and the employees, 
specify in respect of any industria1 establishment. 
4. Every employer shall display in the premises Employer to 
of the Industrial Establishment, a statea ent showing ~;~~l~~t of 
the hoIidays allowed in each calendar year under holidays. 
section 3, in such form, within such time and in 
such manner as may be prescribed. 
5. (1) Notwithstanding any contract to the cont- wagas 
-ray, every employee shall be paid wages for =ch of 
the holidays allowed to him under section 3. 
*(2) Where an employee works on any holiday 
allowed under section 3, he shall, at his optio- ; 
be entitled to- 
(n) twice the wages; or 
(b) wages for such day and to avail himself 
of a substituted holiday with wages on any 
other day within six months from the 
hoIiday, on which he so works. 
(3) ~otwith~tandin~ anything contained in sub- 
section (I) or sub-section (2) an eniployee 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 equi~aler~t to the daily 
, average of his wages for. the days on which 
he actually worked during the month 
immediately preceding such holiday ; 
[Or. A cl 
(ii) where he works on any such holiday, 
only at twice the rate mentioned in 
clause (i), or in Iieu thereof, at the rate 
mentioned in that clause and to avail 
himself of a substituted holiday with 
wages at f hat rate on any other day within 
six months from the holiday on which 
he so works : 
Provided that no such employee shall be 
entitIed to be paid any wages for any of the holidays 
allowed under this section, if his name was not on 
the rolls of the Industrial Establishment continuously 
. , 
for a month immediately prior to the holiday: 
Provided further that no such employee shall 
be'entitled to be paid any wages for ally of the 
holidays allowed under this section if he was enjoying 
leave with pay. 
(4) Where any money is due lo an employee 
from an employer under this Act, the empIopee or 
any other person authorised by hiin in writing in 
. . this behalf, or, in the case of death of the employee, 
his assignee of heir may, without prejudim to any 
other mode of recovery make an application to 
the State Government for recovery of the money due 
to him, and if the State Government are satisfied 
that any money is so due, they shall issue a certi- 
ficate for that amount to the Collector within 
whose jurisdiction the T~ldustrial Establishment is 
situate and the Collector shall thereupon proceed, to 
recover the same in the same manner as. if- it yep 
an arrear of land rcyenue payable to the Sf& 
Government : 
Provided that every such application shall be 
made within one year from the date on which the 
money bscame due to the employee : 
Provided further that any such application may 
be entertained after the expiry of the said period of 
one year, if the State Government are satisfied that 
the applicant had sufficient cause for not making 
the application within the said period. 
Inspi'ctocs 6. (I) The State Goverrlment 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 they may specify. 
(2) Every Inspector shall bc deemed to be a 
public servant within the meaning of section 21 of 
45 cf 1~ci0 the Indian Penal Code. 
Powcrs of 7. Subject to any rules made by the State ln5pci 
Government jn this behalf, an Inspector may, 
within the local limits for which he is appointed,- 
(a) entcr, at all reasonable times and wit11 such 
assistants, if any, who arc persons in the 
service of the State Government or of any 
local authority, as he thinks fit to talce 
with him, any place which IS, 
or which he has reasons to believe to 
be an Industrial Establishment ; 
make such ex3,mination 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 ; and 
(c) exercise such other powers as may be 
necessary for carrying out the purpose cr 
this Act : 
Provided that no one shall be required under 
this section to answer any question or give any 
evidence tending to incrin;. inate himself. 
8. Any employer WIIO contravenes any of tie Penallies 
provisions of section 3 or section 5 shall, on convic- 
tion, be punishable with fine, which for the &st 
. offence may extend to twenty-five rupees and for a 
second and subsequent offence may extend to two 
hundred and fifty rupees. 
9. Whoever wilfully obstructs an Inspector in the ,,,,,,, ,, 
exercise of any power conferred on him by or under obstructirlg 
this Act or fails to produce ou demand in ~l.iting'""~'"'- 
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 there 
under, shall he punishable with imprisoument for a 
term v/l~ic'll may extend to three months or with fine 
which ih:: ejrte~id to five hundred rupees or with 
bot11. 
------ - *. ---- -- "k-- -- 
( NATIONAL AND FESTIVAL ) HOLIDAYS ACT, 1969 
( Secs. 16-12 ) 
Ex tmption 10. (1) Noth'ng contained in this Act shall 
apply to- 
(it) any employee in -a position of manage- 
ment ; 
(6) any employee whose work involves 
t~avelling ; 
fc) any Tndmustrial Establishment under the 
control of the Central Government, the 
fieserve Bank ;of India, a railway admini- 
stration operating any railway as def ned 
in 'clause (20) ,of .Article 366 of the 
Corrs,titution or .a cantonment authority; 
or 
fd) any mine or oil field. 
(2) The 'State 'Government may, by notification 
exempt either permanently or for any specified 
per-iod any establishment or class of establishments or 
person or class of persons 'from all Or any of the 
provisions of this Act, sh bje~t to such conditions 
as they may deem fit. 
Rights and 
priviIcgn 11. Nothing :contained in this Act shall adver- 
under other sely affect any rights or privileges which any 
etc. employee is entitled to with respect to national and 
festival :holidiys on the date -on which this Act 
comes into force under any other Jaw, contract, 
custom or usage, if such rights or privileges are 
more favourable to him t-han thase ,to which he 
would ,be entitlad -under :this .Act. 
P owcr to 12. (1) The Stak ~Govanrnent may, make * rules 
mako for the purpose of carrying into effect the .pro+ 
,sions o'f this Act. 
(2) In making a rule under this Act, 
State Government may provide that a contraven- 
tion tbreo'f shall be .pu&hable with Ene 'which 
may extend to fifty rupees. 
(3) All rules made under this setion shall, as 
soon as may be after they are made, be laid before 
the StaTe LegiJature for a 'totaq period of' $burteen 
-days 'which may be -comprised in one or more 
sessi'oons ,and i'f during 'the said period the 'State 
Legislature ,makes rnodi6cations, if any, therein 
the rulesyshall thereafter have effect only in such 
mcrdified -form '; so however that such modifications 
shall be without prdudice to the validity of 
anyteng previous1,y done -under the rules. 
For ruls scc Notification bring S. R. 0. No. 157173.' dated rhc 23rd 
February 1973 published in Orissa Gazcttw Part-IU, P. 58 or 1973. 
ORISSA ACT 17 OF 1992 
 THE ORISSA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND 
FESTIVAL) HOWDAYS (AMENDMF,NT)ACT, 1m 
[Received tlie men r of the Go v~rnof on the 21st March 1992, first pirb lished in 
an exrruorrJi~~flry isstre of I he Orissa Gazettc, dated the 30th March 19921. 
AN ACT J?URTHOR TO AMEND Me ORLSSA INDUSTRIAL EI'TMLISHMENTS (NATIOHAL AND FESTIVAL) 
H~LIDAYS ,tm, 1969. 
BII it enacted by the Lrgislatura of Be State of hisrs in the Forty-third 
Year of the Republic of India as follows :- 
Short title. 1. This Act may bc callc;J the Orissa Industrial Establishments ( Natiojlal 
aad Festival) Holidays (Amendment) Act. 1992. 
Amcadrncal 2. In thc Orissa Industrial Establishments (National and Festival) Holidays Act, oris= Act 
of s~c~ion 3. 1969, section 3 shall be renumbered as sub-section f I) thereof and after sib-scction (1) 22 of 1969.. 
as so renumbered, the following sub-scction sbdl b,: inserted, namely : - 
Q 
cr{2) In addition to the holidays provided in sub-section {I), in the ercot of 
any gcncral election or byc-election to Parliament or the State Legislative 
Assembly, the dale of cvcry such election as noti6ed by the Blecticn 
Coo~missioa shall ba allowcd is a holiday of one wholc day : 
Provided that in the case of a bye-election, the dak of auch election shall 
be allowed as a holiday only in rcspect of emp:oycea who belong to the 
concerned constituency.". 
pp 
'For the Bill, scc Orisso Gazerre, huaordinery, dated thc 13th ecbrunry 1992 (NO. 148) 

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