The u. p. industrial establishments (national holidays) act, 1961

14 
 
THE U. P. INDUSTRIAL ESTABLISHMENTS (NATIONAL 
HOLIDAYS) ACT, 19611 
 
[U. P. ACT 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 a ssent of the  Governor on August 7, 1961 under Article 200 of ‘the 
Constitution of India ’, and was published in the Uttar Pradesh Gazett e Extraordinary  dated 
August 8, 1961] 
AN 
ACT 
to provide for the grant of national holidays  persons employed in industrial   
establishments 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 Ut tar Pradesh Industrial E stablishments (National 
Holidays) Act, 1961.  
(2)   It extends to the whole of Uttar Pradesh.  
(3)  It shall come in to force on such date 2 as the State Government may , by 
notification ill the Gazette, appoint in this behalf. 
 
Definitions  2. In this Act, unless there is anything repugnant in the subject or context- --  
(a) "apprentice" means 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 an y person (including an apprentice)  employed 
in any industrial establishment  to do any skilled or unskilled, ma nual, 
supervisory, technical or  clerical work for hire or reward whether the terms 
of employment be express or implied, but does not include any such parson : 
(i) who is employed mainly  in a managerial,  or adminis trative 
capacity; or  
(ii) whose duties are primarily of a traveling  nature ;  
(d) "employer" wh en used in relation to an industrial establishment 
means a person, by whatever nam e he may be called, who has the immediate 
control over the affairs of the industrial establishment and shall include --  
 
1.   For statement of objects and reasons, Bee Uttar Pradesh. Gazette Extraordinary, 
dated February 14, 1961.  
2.   Enforced w. e. f . August II, 1961 vide Not, No. 1564 (I) (LL)/XXXVI -(B)-2 66 
(LL)/57, dated August 11, 1961. 
 
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[The Uttar Pradesh Industrial Establishments (National Holidays) Act. 1961]    [Section 2] 
 
  (i) where an industrial establishment is owned, operated or 
managed by a depart ment of the State Government, the authority 
specified in that b ehalf, and where no such autho rity is specified, the 
head of such department ; and  
(ii) where an industrial establishme nt is owned, opera ted or  
managed by or on behalf of a local a uthority, 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, o r any plac e 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 the Gazette, 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 re spect 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 foodgrains 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. 
 
 
 
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[The Uttar Pradesh Industrial Establishments (National Holidays) Act. 1961]  [Section 3-7] 
 
Grant of  
national 
holidays  
3. Every employee shall be entitled to, and be granted holiday with w ages on 
every national holiday,  anything contained in any other l aw, contract, 
document, usage or practice to the contrary notwithstanding :  
 
 Provided that where an employee is, for any exigencies of b usiness of 
the industrial establi shment, 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 e mployee, wages for th at day, and also a substituted holiday 
with wages falling within the next calendar mon th, not being a weekly 
holiday. 
 
Explanation-- Where an employee is paid wages by the day, or at piec e 
rates, his wages for a day payable to him under this section, shall be the daily 
average of his wages, to be calculated the manner prescribed. 
 
Appointment of 
Inspectors  
4. (1)  The State Government may by notification in the Gazette, appoint any person 
or class of persons, as it may deem fit, to be Inspectors for the p urposes of 
this Act.  
(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, r ecord and notices of t he indus trial 
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, shal l on conviction by a court of competent jurisdiction, be 
punishable with fine which, for the first offence, m ay 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 Govern ment, 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 so thinks fit, by 
notification in the Gazette, 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.  
 
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[The Uttar Pradesh Industrial Establishments (National Holidays) Act. 1961]  [Section 8-9] 
 
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, subjec t to their previou s publication by 
notification in the Gazette, make rules to carry out the purposes of this Act.  
 
(2)  All rules made under 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, fo r a 
total period of fourteen days extend ing in its one session or more than one 
successive sessions and shall, unless some later date is appointed, take effect 
from the  date of their publication in the Gaze tte, subject, to such 
modifications or annulments as the two Houses of the Legislature  may agree 
to make so , however, that any such modification or annul ment shall be 
without prejudice to the validity of anything previously done thereunder. 
 
 
 
 
 
 
 

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