The U. P. INDUSTRIAL ESTABLISHMENTS (NATIONAL HOLIDAYS) ACT, 1961

268
U. P. INDUSTRIAL ESTABLISHMENTS (NATIONAL HOLIDAYS)
ACT, 1961 1
(U. P. A CT No. XVIII OF 1961)
[ Passed in Hindi by the Uttar Pradesh Legislative Council
on March 13, 1961 and by the Uttar Pradesh Legislative Assembly
on August 1, 1961.
Received the assent of the Governor on August 7, 1961
under Article 200 of the Constitution of India and was published in
theUttar Pradesh Gazette Extraordinary, dated August 8, 1961. ]
AN
ACT
to provide for the grant of national holidays to persons
employed in industrial establishment in Uttar Pradesh.
It is hereby enacted in the Twelfth Year of the Republic of India
as follows : —
Short title,
extent and
commencement
1.(1) This Act may be called the Uttar Pradesh Industrial
Establishments (National Holidays) Act, 1961.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such date 2 as the State
Government may, by notification in theGazette, appoint in this behalf.
Definitions 2.In this Act, unless there is anything repugnant in the subject
or context —
(a) “apprentice” means a person employed in an industrial
establishment for purpose of training therein whether on hire, wages or
otherwise ;
(b) “day” means a period of twenty-four hours beginning at
midnight ;
(c) “employee” means any person (including an apprentice)
employed in any industrial establishment to do any skilled or unskilled,
manual, supervisory, technical or clerical work for hire or reward
whether the terms of employment be express or implied, but does not
include any such person : —
(i) who is employed mainly in a managerial or administrative
capacity ; or
(ii) whose duties are primarily of a travelling nature ;
(d) “employer” when used in relation to an industrial
establishment means a person, by whatever name he may be called,
——————————————————————————————————————————
1. For Statement of Objects and Reasonssee Uttar Pradesh Gazette Extraordinary, dated February 14, 1961.
2. Enforced w. e. f. Augutst 11, 1961 vide Not. No. 1564 (1) (LL)/XXXVI—(B)—266 (LL)/57, dt. August 11,
1961.
[U.P. Industrial Establishments (National Holidays) Act, 1961]
270
who has the immediate control over the affairs of the industrial
establishment and shall include —
(i) where an industrial establishment is owned, operated or
managed by a department of the State Government, the authority
specified in that behalf, and where no such authority is specified, the
head of such department ; and
(ii) where an industrial establishment is owned, operated or
managed by or on behalf of a local authority, the chief executive
authority of such establishment ;
(e) “State Government” means the Government of Uttar Pradesh;
(f) “industrial establishment” means —
(i) a 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-
section (2) of section 85 of that Act ; and
(ii) such other class of establishments as the State Government
may, by notification in theGazette, declare to be an industrial
establishment for the purposes of this Act ;
(g) “Inspector” means a person appointed as an Inspector under
sub-section (1) of section 4 ;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “national holiday” means the twenty-sixth day of January, the
fifteenth day of August and the second day of October every year ;
(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 work done 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 ; and
(iii) any travelling concession ; 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.
Grant of
national
holidays
3.Every employee shall be entitled to and be granted holiday
with wages on every national holiday ; anything contained in any other
law, contract, document, usage or practice to the contrary
notwithstanding :
[U.P. Industrial Establishments (National Holidays) Act, 1961]
272
Provided that where an employee is, for any exigencies of
business of the industrial establishment, required to work, and works on
a national holiday, he shall be paid by the employer, twice the wages for
a day, or at the option of the employee, wages for that day, and also a
substituted holiday with wages falling within the next calendar month,
not being a weekly holiday.
Explanation —Where an employee is paid wages by the day, or
at piece rates, his wages for a day payable to him under this section,
shall be the daily average of his wages, to be calculated in the manner
prescribed.
Appointment
of Inspectors
4.(1) The State Government may, by notification in theGazett e,
appoint any person or class of persons, as it may deem fit, to be
Inspectors for the purposes of this Act.
Act XLV of
1860
(2) Every Inspector appointed under this Act shall be deemed to
be a public servant within the meaning of section 21 of the Indian Penal
Code.
Powers of
Inspectors
5.Subject to any rules made by the State Government in this
behalf, an Inspector may, by himself, or with such assistants as he
deems necessary —
(a) enter and inspect at all reasonable times, any place, which is,
or which he has reason to believe to be, an industrial establishment;
(b) examine any register, record and notices of the industrial
establishment and take evidence of such persons, 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 purposes of this Act.
Penalties 6.Any person contravening any of the provisions of this Act or
the rules made thereunder shall on conviction by a court of competent
jurisdiction, be punishable with fine which, for the first offence, may
extend to five hundred rupees, and for every subsequent offence, to one
thousand rupees.
Exemptions 7.(1) Nothing contained in this Act shall apply to any industrial
establishment under the control of the Central Government, Reserve
Bank of India, Railway Administration, operating any railway as defined
in clause (20) of Article 366 of the Constitution of India, or a cantonment
authority.
(2) The State Government may, if for special reasons if it so
thinks fit, by notification in theGazette, direct that, subject to such
conditions and for such periods as it may specify, the provisions of the
Act shall not apply to such class of industrial establishments as employ
not more than such number of employees as may be specified in the
notification.
[U.P. Industrial Establishments (National Holidays) Act, 1961]
274
Provisions of
this Act to be
in addition to
Existing
benefit.
8.(1) The provisions of this Act shall be in addition to, and not in
derogation of the requirements of, any other law on the subject.
(2) Nothing contained in this Act shall affect any rights or
privilege, which an employee is entitled to on the date on which this Act
comes into force under any other law, contract, custom or usage.
Power to
make rules.
9.(1) The State Government may, subject to their previous
publication by notification in theGazette, make rules to carry out the
purposes of this Act.
(2) All rules made this Act shall, as soon as may be after they are
made, be laid before each House of the State Legislature while it is in
session, for a total period of fourteen days extending in its one session or
more than one successive session and shall, unless some later date is
appointed, take effect from the date of their publication in theGazette,
subject to such modifications or annulments as the two Houses of the
Legislature may agree to make ; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done thereunder.
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