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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 237] NEW DELHI, FRIDAY, SEPTEMBER 28, 1973/ASVINA 6, 1895

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 28th September 1973

G.S.R. 452 (E).—In exercise of the powers conferred by section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends the Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act, 1965 (Punjab Act 14 of 1965), as in force in the State of Punjab at the date of this notification, to the Union territory of Delhi, subject to the following modifications, namely:—

Modifications

1. In section 1, for sub-sections (2) and (3), the following sub-sections shall lie substituted, namely: —

"(2) It extends to the who]e of the Union territory of Delhi. (3) It shall come into force on such date as the Government may, by notifi- cation, appoint.".

2. In section 2,—

(a) for clause (d), the following clause shall be substituted, namely:—

"(d) "Government" means the Administrator of the Union territory of Delhi appointed by the President under article 239 of the Constitution;";

(b) after clause (f), the following clause may be inserted, namely:—- "(ff) "notification" means a notification published in the Delhi Gazette;".

3 In section 15, sub-section (4) shall be omitted.

(1393)

ANNEXUHE

The Punjab Industrial Establishments (National and Festival Holidays and Casual

and Sick Leave) Act, 1U65 as Extended to the Union territory oj Delhi

PUNJAB ACT 14 OF 1965

An act to provide for the grant of National and Festival holidays and Casual and Sick Leave to persons empolyed in Industrial Establishments in the state of Punjab.

Be it enacted by the Legislature of the State of Punjab in the Sixteenth Year of the Republic of India as follows:—

1. Short title, extent and commencement.—(1) This Act may be called the Punjab Industrial Establishments (National and Festival holidays and Casual and Sick Leave) Act, 1965.

(2) It extends to the whole of the Union Territory of Delhi. (3) It shall come into force on such date as the Government may, by notifica- tion, appoint.

I

2. Definitions.—In this Act, unless the context otherwise requires:—

(a) '•day" means a period of twenty four hourg beginning at midnight:

Proided that in the case of a worker who works in a shift which extends beyond midnight su"h period of twenty four hours shall begin when his shift ends.

(b) "worker" means—

(i) any person (including apprentice) employed in. any industrial estab- lishment to do any skilled or unskilled, manual, supervisory, tech- nical or clerical work for hire or reward, whether the terms of employment be expressed or implied; or

(ii) any other person employed in any industrial establishment whom the GoernmeuL may, bv notification, declare to De a worker lor purposes of this Act;

(c) "employer", when used in relation to an industrial establishment means the person who has ultimate control over the affairs of industrial establshimcnt and where the affairs of any industrial establishment are entrusted to any other person, whether called a managing agent, manager, superintendent or by any other name, such other person shall be deemed to be the employer;

(d) ''Government" means the Administrator of the Union territory of Delhi

appointed by the President under article 239 of the Constitution.

(e) "Industrial establishment" means—

(i) any factory as defined in clause (m) of section 2 of the Factories Act, 1048 (Central Act 63 of 1948), or any place which is deemed to be a factory unrW sub-section (2) of section 85 of that Act; or

(ii) any plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (Central Act 09 of 1951);

(f) "Inspector" means an Inspector appointed under sub-section (1) of

section 7;

(ff) "notification" means a notification published in the Delhi Gazette; (g) "prescribed" means prescribed by rules made under this Act; (h) "wages" means all remunerations (whether by way of salary, allow- ance or otherwise expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a workers in respect of his employment or of work done in such employment, but does not include— (a) any bonus; (b) the value of any house accommodation, supply of light, water, medical facilities or other amenity or of any service or of any concessional supply of food grains or other articles;

(c) any contribution paid or payable by the employer—

fi) to any pension or provident fund, and the interest which may have accrued thereon; or

(ii) for the benefit of the worker under any law for the time beinu In force;

(d) any travelling¹ allowance! or the value of any travelling concession; (e) any sum paid to the worker to defray special expenses entailed on him

by the nature of his employment; or

ft) any gratuity payable on the termination of employment.

3. National and festival holidays.—fli Every worker shall, in each calendar year, be allowed in such manner and on such conditions as may be prescribed^ (a) thrnp national holidays of one whol° day each on the 26th January, 15th August ;md 2nd October; and

fb) four other hoHdavs on any of the festivals specified in the Schedule appended to this Act;

Provided that for purposes of Clause 'hi. where ytleast ten per cent of. the workers of an Industrial establishment so desire, they mny, in lieu of the festival holidays, SvrJi of 1wo hulf holidays on any of the festival davs of their choice specified in such Schedule after settlement in this b"half has beep mpdp between Ihe emnloycr and the representatives cf ihe workers in such iranncr as may be Prescribed.

(2) The Government may by notification add to the Schedule appended to this Act any festival, and thereupon the Schedule shall be deemed to be amend- ed accordingly.

4. Casual and sick leave.—Every worker shall in each calendar year, be allowed by the employer casual l^ave for seven davs ?nd *irU i'-3^-> for fourteen days in such manner and on such conditions as may be prescribed.

Explanation.—For purposes oE ihii Section, such conditions may provide that one kind of leave shall not be linked with another kind of leave, whether due under this Act, or under any other law fop the time being in force.

5. Wages.—(1) Notwithstanding any contract to the contrary, every workers shall, for each of the national and festival holidays and of the days of casual or sick leave, be p.vd by the empiove-J waRcs at a rate equivalent to his average daily wages;

Provided that.—

(a) no worker shall be entitled to bo naid such wages for any holiday or leave, other than a national holidav, if his name was not on the rolls of the industrial establishment continuously for a period of one month immediately preceding such holiday or leave;

(b) where a worker is entitled to sickness benefit under the Employees State Insurance Act. 1948. or sickness allowance under the Planta- tions Labour Act, 1951. he shall not be entitled to be paid such wages for the days of sick leave allowed to him under this Act; and

(c) where a worker i-" noi entitled to such sickness benefit or sickness allowance, he shall be paid wages for the days of sick leave allowed to him under this Act at a rate equivalent to One half of his average daily wage.

(2) Where a worker works on any holiday allowed under section 3, he shall,

at his option, be entitled to—

fa) twice his average daily wage for that day, or (b) his average dailv wBtfp fr-r that dav and a substituted holiday with his average dailv wage on anv other day within ninety days from the day on which he so works.

Earplattr/fion.—For the purpose.; of this section, the average daily wac;e ot a worker shnll be computed on the basis of his total full-time wage? during the preceding three calendar months, exclusive of any over time wages, if any:

Provided that the average daily wage of a worker who is paid wages by the day or at piece rate shall be computed on the basis of his wages

for the days on which he actually worked during the month imme- diately preceding such holiday or leave.

6. Account of holidays and Icnve to be kept—Every employer shall keep in such form and manner as may be proscribed an account of festival holidays, casual leave and sick leave of every worker and every worker shall have access to such account.

7.. Inspectors.—fl) The Government may, by notification appoint such persons or class of persons as it may think fit to be Inspectors for carrying out the purposes of this Act for such areas as may be specified in the notification.

(2) Every Inspector shall be deemed to be a public servant wtihin the mean- ing of section 21 of the Indian Penal Code (Central Act XLV of 18fiO).

8. Powers of Inspectors.—Subject to any rules mnde by the Government in this behalf, an Inspector may, within the area for which he is appointed. .

(a) enter at all responsible times any placr which is, or which he has

reason to believe to be, an industrial establishment;

(b) make such examination of the premises and of any nrescribed regis- ters, records and notices and takp on the spot or otherwise the evi- dence of 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 renuired under this section to answer any question or give any evidence tending to incriminate himself.

9. Penalties.—Any employer who contravenes any of the provisions of sec- tions 3, 4, 5 and 8 shall be uunishable, for the first offence, with fine which may extend to one hundred rupees and for a second or subsequent offences, with fine which may extend to Rs. 230/-.

10. Poker to recover wapes.—H) Where H mapfatrnte while convicting an emp- loyer under section 9 is satisfied that tho worker has not been pnid his due waees under this Act, the amount of which shall be determined by the magistrate, he shall direct the employer to pay such wnpe^ to the worker.

(2) The amount of wetfes determined under sub-section CD shall for the pmn'oses ~>t recovery bo deemed to bt

11. Penalty for obstructing Inspector—Whoever willfully obstructs an Inspec- tor in the exercise of any power conferred On him bv or under this Act, or intentiallv omits to nroduce on demand in writing bv an Inspector any register, record or notice in his custody which may be required to be kept in pursuance of this Act or of am rule made thc-reunder shall b= punishable with irnrmson- ment for a term which may extend to three months, or -with fine which may extend to five hundred rupees, or with both,