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

THE TELANGANA 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 holiday. 
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. 
10-A. Cognizance of offence. 
11. Exemption. 
12. Rights and privileges under other laws, etc., not 
affected. 
13. Power to make rules. 
 
THE TELANGANA FACTORIES AND ESTABLISHMENTS 
(NATIONAL, FESTIVAL AND OTHER HOLIDAYS)  
ACT, 1974.1 
 
ACT No. 32 OF 1974. 
 
1. (1) This Act may be called the 2Telangana Factories 
and Establishmen ts (National, Festival and other Holidays) 
Act, 1974. 
 
 (2) It extends to the whole of the 2State of Telangana. 
 
 (3) It shall come into force on such date as the 
Government may, by notification, appoint. 
 
2. 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; 
                                                           
1. The Andhra Pradesh Factories and Establishments (National, Festival 
and Other Holidays) Act, 1974 received the assent of the Governor on 
28.08.1974. The said Act in force in the combined State, as on 
02.06.2014, has be en adapted to the State of Telangana, under section 
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 
2014) vide. the Notification issued in G.O.Ms.No. 8, Labour, 
Employment, Training  and Factories (Labou r) Department, dated 
01.02.2016. 
2. Substituted by G.O.Ms.No. 8, LET&F (Labour) Department, dated 
01.02.2016. 
Short title, extent 
and 
commencement  
Definitions. 
2  [Act No. 32 of 1974] 
 (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 an y other name) such other 
person; 
 
 (d) “establishment” means any establishment as 
defined in clause (10) of section 2 of the 3Andhra Pradesh 
Shops and Establishmen ts Act, 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, 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 und er 
sub-section (1) of section 6; 
 
 (h) “notification” means a notification published in the 
Telangana Gazette and the word “notified” shall be 
construed accordingly; 
 
 (i) “prescribed” means prescribed by rules made under 
this Act; 
 
 (j) “wages” means all remunera tion capable of being 
expressed in terms of money, which would, if the terms of 
                                                           
3. Now see the Telangana Shops and Establishments Act, 1988 (Act No. 
20 of 1988). 
Andhra Pradesh  
Act 15 of 1966. 
Central Act 63 of 1948 
[Act No.32 of 1974]  3 
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 food  
grains 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 termina tion of his 
service; 
 
   (d) any sum paid to the employe e to defray special 
expenses entitled on him by the nature of his employment; 
 
   (e) any travelling concession. 
 
3. (1) Every employee shall be allowed in each  calendar 
year a holiday of one whole day on the 26 th January, 4[the 
first may], the 15th August and the 2nd October and 5[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 : 
 
                                                           
4. Inserted by Act No.21 of 1980. 
5. Substituted by Act No. 21 of 1980. 
Grant of National, 
Festival and other 
holidays. 
4  [Act No. 32 of 1974] 
 6[Provided that i t 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 holi day to be 
allowed in any calendar year, to such employees  or class of 
employees as they may deem fit. 
 
4. 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 establishmen t, a statement showing the 
holidays allowed in each calend ar year under section 3, in 
such form within such time and in such manner as may be 
prescribed. 
 
5. (1) Notwithstanding any contract to the contrary, every 
employee shall be paid wages for each of the holidays 
allowed to him under section 3: 
 
 7[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 
                                                           
6. Substituted by Act No. 21 of 1980. 
7. Added by Act No. 21 of 1980. 
Employer to send 
statement to 
Inspector. 
Wages. 
[Act No.32 of 1974]  5 
any holiday allowed under th at 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 factory or establishment is situated and 
displayed in the premises of the factory or esta blishment 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. (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. 
 
Inspectors 
Central Act, 45 of 
1860. 
6  [Act No. 32 of 1974] 
7. 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 o f 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. (1) Where any employer defaults in payment  of the 
wages to the employee f or 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 representa tive of the  employee, may apply 
to the author ity specified in  section 15 of the Payment of 
Wages Act, 1936. 
 
 (2) The provisions of sec tions 15, 15 -A, 16, 17,17-A, 
8[and18] 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. 
                                                           
8. Substituted by Act No. 21 of 1980. 
 Powers of 
Inspectors 
Recovery of 
wages for 
holidays. 
Central Act 4 of 1936. 
[Act No.32 of 1974]  7 
9. 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 to 9[one hundred and fifty 
rupees] and for a second and subsequent offences may 
extend to 9[seven hundred and fifty rupees]. 
 
10. 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. 
 
10[10A. No court shall take cognizance of any offence 
punishable under this Act, except on a complaint made by, 
or with the previous sanc tion in writing of,  an Inspector,  
within six months from the date on which the offence come s 
to the knowledge of the Inspector.] 
 
11. (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 Governmen t, local authority, 
Reserve Bank of India , a railway adminis tration 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. 
                                                           
9.Substituted by Act No. 21 of 1980. 
10. Inserted by Act No. 21 of 1980. 
 
Penalties. 
Penalty for 
obstructing 
Inspector. 
Cognizance of 
offence. 
Exemption 
8  [Act No. 32 of 1974] 
 (2) The Government may, by notification and for 
reasons to be specified therein, exempt either permanen tly 
or for any specified period, any factory or establishment or 
class of factories or establishmen ts 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. 
 
12. Nothing contained in this Act shall affe ct 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. (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 compri sed 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. 
 
* * * 
Rights and 
privileges under 
other laws, etc., 
not affected 
Power to make 
rules. 

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