The Tamil Nadu Industrial Establishments (National,Festivel and Special Holidays) Act

THE TAMIL NADU INDUSTRIAL ESTABLISHMENTS 1[(NATIONAL, FESTIVAL AND 
SPECIAL HOLIDAYS)] ACT, 1958 
(ACT XXXIII OF 1958) 
(Received the assent of the Governor on the 4th December, 1958; first published in the 
Fort St. George Gazette on the 10th December, 1958) 
 An Act to provide for the grant of 1[National, festival and special holidays] to 
persons employed in industrial establishments in the State of Tamil Nadu. 
[4th December, 1958] 
 WHEREAS it is expedient to provide for the grant of National, festival and spe cial 
holidays to persons employed in industrial establishments in the State of Tamil Nadu;  
 BE it enacted in the Ninth Year of the Republic of India as follows:-- 
1.  Short title, extent and commencement —(1) This Act may be called the Tamil 
Nadu Industrial Establishments 1[(National, Festival and Special Holidays)] Act, 1958. 
 (2) It extends to the whole of the State of Tamil Nadu. 
 (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— 
 (i) any person (including an apprentice) employed in any industrial establishment 
to do any skilled or unskilled, manual, supervis ory, technical or clerical work for hire or 
reward, whether the terms of employment be expressed or implied; 
 (ii) any other person employed in any industrial establishment whom the 
Government may, by notification, declare to be an employee for the purpose s 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 oth er person, 
(whether called a managing agent, manager, superintendent or by any other name) such 
other person; 
 (d) “Government” means the State Government; 
  
 
1 Subs. for the words “National and Festival Holidays” by Act 36 of 2017 S.1,2,3 w.e.f 
26.09.17 
2 
 
(e) “industrial establishment means,- 
(i) any establishment as defined in clause (6) of section 2 of the Tamil Nadu 
Shops and Establishments Act, 1947 (Tamil Nadu Act XXXIII of 1947); 
(ii) any factory as defined in clause (m) of section 2 of the Factories A ct, 1948 
(Central Act LXIII of 1948), or any place which is deemed to be a factory under sub -
section (2) of section 85 of that Act; 
(iii) any plantation as defined in clause (f) of section 2 of the Plantations Labour 
Act, 1951 (Central Act LXIX of 1951); 
(iv) any other establishment which the Government may, by notification, declare 
to be an industrial establishment for the purposes of this Act; 
(f) “Inspector” means an inspector appointed under sub-section (1) of section 6; 
(g) “wages” means all remunerati on 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 allow ances (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 food 
grains 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 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 entailed on him by 
the nature of his employment; 
(e) any travelling concession. 
3. 1[Grant of National, Festival and Special Holidays  - (1)] Every employee shall be 
allowed in each calendar year a holiday of one whole day on 2 [the 26th January, the 1 st 
May, the 15 th August and the 2 nd October and five 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 industrial establishment. 
 
 
1 Subs. by Act 36 of 2017 S.5 (w.e.f 26th September, 2017) 
2 Subs. by Act 7 of 1970 S.2 (w.e.f 25th April, 1979) 
 
3 
 
1[(2) Notwithstanding anything contained in sub -section (1), the  Government 
may, having du e regard to any emergency or special circumstances  prevailing in the 
State or any part thereof, by notification, declare any other day as  a special holiday, to 
the employees of the industrial establishments, as it may deem fit.] 
 
 
4. Employer to send state ment to Inspector —Every employer shall send to the 
Inspector having jurisdiction over the area in which the industrial establishment is 
situated, and display in the premises of the industrial 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. 2[Such wages shall 
be paid along with the wages for the wage period in which such holiday falls.]  
 
 3 [(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 
 
(ii) sent to the Inspector having jurisdiction over the area in which  the industrial 
establishment is situated and displayed in the premises of the industrial 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     
4 [on one of the three days immediately before or after the day on which he so works.]  
 
 
(3) Notwithstanding anything contained in sub -section (1) or sub -section (2), 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- 
 
(i) only at a rate equivalent to the daily average of his wages to be calculated in 
the prescribed manner; 
 
 
 
 
 
 
1 Ins. by Act 36 of 2017 S.5 (w.e.f 26th September, 2017) 
2 Ins. by Act 11 of 2007 S.2 (w.e.f 15th June, 2007) 
3 Subs. by Act 43 of 1961, S.2 
4 Subs. by Act 17 of 1964, S.2 
 
4 
 
(ii) where he works on any such holiday, only at twice the rate mentioned in 
clause (i), or in lieu thereof, at the rate mentioned in that clause and to avail himself of a 
substituted holiday with wages at that rate  1 [on one of the three days immediately 
before or after the day on which he so works]: 
 
2 [Provided that no such employee shal l be entitled to be paid any wages for any 
of the holidays allowed under section 3 other than 3 [the 26th January, the 1 st May, the 
15th August and the 2 nd October] unless he has been in the service under the employer 
for a total period of 30 days, within a continuous period of ninety days immediately 
preceding such holiday. 
 
Explanation – For the purpose of this proviso, a weekly or any other holiday or 
authorized leave availed of by an employee shall be included in computing the period of 
thirty days mentioned therein.] 
 
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 XLV of 1860). 
 
7. Powers of Inspectors  – Subject to any rules made by the Government in this 
behalf, an Inspector may, 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 of any local authority as he thinks fit to take 
with him, any place which is, or which he has reason to believe is, an industrial 
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; 
 
 4 [(bb) seize or take copies of such registers, records or notices or portions 
thereof which he considers relevant in respect of an offence under this Act, on giving the 
employer a receipt therefor.  The registers, records or notices or port ions thereof so 
seized shall be returned by the Inspector, on completion of examination or inquiry or 
proceeding under this Act; 
 
 Provided that such registers, records or notices or portions thereof shall not be 
retained by the Inspector for more than thi rty days except with the permission of the 
Commissioner of Labour.] 
 
 (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. 
 
 
 
1 Subs. by Act 17 of 1964, S.2 
2 Subs. by Act 43 of 1961, S.2 
3 Subs. by Act 7 of 1970 S.2 (w.e.f 25th April, 1979) 
4 Ins. by Act 11 of 2007 S.3 (w.e.f 15th June, 2007) 
5 
 
1 [8. Penalties – Any employer who contravenes any of the provisions of section 3 or 5 
shall be punishable with fine which, for the first offence, shall not be less than five 
hundred rupees but which may extend to five thousand rupees and for the second and 
subsequent offences, shall not be less  than five thousand rupees but which may extend  
to ten thousand rupees.] 
 
2 [8-A. Compounding of offences – (1) Any offence punishable under section 8 or any 
rule made under section 12 may, either before or after the institution of the prosecution, 
be comp ounded by the Commissioner of Labour or such other officer as may be 
authorised in this behalf by the Commissioner of Labour, on payment, for credit to the 
Government of such sum as the Commissioner of Labour or such other officer may 
specify: 
 
 Provided that such sum shall not, in any case, exceed the maximum amount of 
fine which may be imposed under this Act for the offence so compounded. 
 
 (2) Where an offence has been compounded under sub -section (1), no 
proceeding or further proceeding, as the case may  be, shall be taken against the 
offender, in respect of the offence so compounded and the offender, if in custody, shall 
be discharged forthwith. 
 
 (3) No offence punishable under this Act shall be compounded except as provided 
by this section.] 
 
9. 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 re quired to be kept in pursuance of this Act or of any rule made thereunder, 
shall be punishable with imprisonment for a term which may extend to three months or 
with fine which may extend to 3 [one thousand rupees] or with both. 
 
10. Exemptions – (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 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 exempt either permanently or for any 
specified period any establishment or class of establishments, or person or class of 
persons from all or any of the provisions of this Act, subject to such conditions as the 
Government may deem fit. 
 
 
 
1 Subs. by Act 26 of 2018 S.2 (w.e.f 2nd August, 2018) 
2 Ins. by Act 49 of 2000, S.2 (w.e.f 22nd January, 2001) 
3 Subs. by Act 26 of 2018 S.2 (w.e.f 2nd August, 2018) 
 
 
6 
 
11. Rights and privileges under other laws, etc., not affected  – Nothing contained 
in this Act shall affect any rights or privileges which any employ ee is entitled to, on the 
date on which this Act comes into force under any other law, 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 
 
1 [11-A Protection of action taken in good faith – No suit, prosecution or other legal 
proceeding shall lie against the Government or any officer of the Government for 
anything which is in good faith done or intended to be done under this Act or any rule or 
order made thereunder.] 
 
12. Power to make rules  – (1) The Government may make rules for the purpose of 
carrying into effect the provisions of this Act. 
 
 (2) In making a rule under this Act, the Government may provide that the 
contravention thereof shall be punishable with fine whi ch may extend to 2 [five thousand 
rupees]. 
 
 3 [(3) All rules made under this Act shall be published in the Fort St. George 
Gazette# and, unless they are expressed to come into force on a particular day, shall 
come into force on the day on which they are so published. 
 
 (4) Every rule made under this Act shall, as soon as possible, after it is made, be 
placed on the table of the Legislative Assembly, and if, before the expiry of the session, 
in which it is so placed or the next session, the Legislative Asse mbly agrees in making 
any modification in any such rule or the Legislative Assembly agrees that the rule should 
not be made, the rule shall thereafter have effect only in such modified form or be of no 
effect, 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 Ins. by Act 11 of 2007 S.3 (w.e.f 15th June, 2007) 
2 Subs. by Act 26 of 2018 S.2 (w.e.f 2nd August, 2018) 
3 Subs. by Act 43 of 1961, S.3 
# Now the Tamil Nadu Government Gazette 
 
 

‹ Prev All Tamil Nadu acts Next ›