Bihar Industrial Establishments (National and Festival Holidays and Casual Leave) Rules, 1976
No: 17 Dated: Nov, 14 1977
Bihar Industrial Establishments (National and Festival Holidays and Casual Leave) Rules, 1976
An Act to Provide for National and Festival Holidays and Casual Leave To The Persons Employed In Industrial Establishments In The State Of Bihar.
Be it enacted by the Legislature of the State of Bihar in the Twenty-Second year of the Republic of India as follows: -
1. Short title, extent and commencement. - (1) This Act may be called the Bihar Industrial Establishment (National and Festival Holidays and Casual Leave) Act, 1976.
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force from such date as the State Government may appoint by a notification in the Official Gazette.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context -
(a) "Day" means a period of twenty four hours beginning from the midnight.
(b) "Employee" means -
(i) a workman employed in any industrial establishment for skilled or unskilled, manuals, supervisory, technical or clerical job whether on hire or reward and includes an apprentice whether the terms of employment are expressed or implied; or
(ii) such other workmen or group of workmen employed in any industrial establishment whom the State Government may declare to be "employer" for the purposes of this Act, by a notification in the Official Gazette.
(c) "Employer" in relation to an industrial establishment, means the person who has ultimate control over the affairs of the industrial establishment and where the said affairs are entrusted to any other person, such other person, whether called by name of managing agent, manager, superintendent or by any other name.
(d) "Government" means the State Government of Bihar.
(e) "Industrial Establishment" means -
(i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (Act 63 of 1948) or a place deemed to be a factory under sub-section (2) of section 85 of the said Act ;
(ii) a plantation as defined in clause (j) of section 2 or the Plantations Labour Act, 1951 (Act 69 of 1951).
(f) "Inspector" means an inspector appointed under sub-section (1) of section 7;
(g) "Prescribed" means prescribed by rules made under this Act; and
(h) "Wages" means all remuneration whether by way of salary and allowances or otherwise expressed in terms of money or capable of being so expressed, which would, if the terms of employment, expressed or implied, were compiled, be payable to an employee in respect of his employment or of work done in such employment, but does not include the following: -
(i) Any bonus;
(ii) The value of any house accommodation, supply of light and water, medical or any other amenity or of any service or any concessional supply of food grains or other articles;
(iii) Contribution paid or payable by the employer as follows: -
(a) on account of any pension or provident fund and interest accruing thereon; or
(b) on account of any benefit of the employee under any law for the time being in force.
(iv) Any travelling allowance or the value of any travelling concession;
(v) Any sum paid to the employee for defraying special expenses incurred on him due to the nature of his employment; or
(vi) Any gratuity payable on the termination of employment.
3. National and Festival Holidays. - (1) Every employee shall be granted following holidays in each calendar year in such manner and on such terms and conditions as may be prescribed: -
(a) Three National Holidays on the 26th January, 15th August and the 2nd October.
(b) Four other holidays on any festival out of the festivals mentioned in the Schedule.
(c) International Labour day on 1st May.
(2) The Government may add to or exclude a festival from the schedule by a notification in the Official Gazette and on publication of such notification the schedule shall be deemed to be amended accordingly.
4. Casual leave. - Every employee shall be granted in each calendar year, in addition to all other leaves admissible under any other law, at least seven days of casual leave in such manner and on such terms and conditions as may be prescribed.
5. Account of Holidays and Leave. - Every employer shall maintain an account of Festival Holidays and casual leave of every employee in such form and in such manner as may be prescribed and every employee shall be allowed to see that account. (3)
6. Wages. - (1) Notwithstanding any contract to the contrary every employee shall be paid wages for the days of National festival holidays and casual leave allowed to him.
(2) If any employee works on any holiday allowed under section 3 he shall at his discretion be entitled for the following. -
(a) Double wages for that day; or
(b) Wages for that day and in lieu thereof holiday of any other day with wages within three days of the day on which he so works;
Provided that an employee, whose name is not borne, on the rolls of the industrial establishment continuously for one month immediately before such holiday or leave, shall not be entitled for wages for such holiday or leave except for national holidays.
7. Inspections. - (1) The Government may, by notification in the official Gazette, appoint such class of persons as it thinks fit, to be Inspectors for 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 within the meaning of section 21 of the Indian Penal Code (45 of 1860)..