Jammu and Kashmir Industrial Establishments (National and Festival) Holidays Act, 1974

No: 13 Dated: Apr, 26 1974

THE JAMMU AND KASHMIR INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL) HOLIDAYS ACT, 1974

(Act No. XIII of 1974)

    An Act to provide for the grant of National and Festival Holidays to persons employed in Industrial Establishments in the State.

Be it enacted by the Jammu and Kashmir State Legislature in the Twenty-fifth Year of the Republic of India as follows:

1. Short title, extent and commencement — (1) This Act may be called the Jammu and Kashmir Industrial Establishments (National and Festival) Holidays Act, 1974.

(2) It extends to the whole of the Jammu and Kashmir State.

(3) It shall come into force on such date as the Government may by notification in the Government Gazette appoint.

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

(a) "day" means a period of twenty-four hours beginning at midnight:

Provided that in the case of an employee who works in a shift which extends beyond midnight, such period of twenty-four hours shall begin when his shift ends;

(b) "employee" means —

(i) 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 expressed or implied;

or

(ii) any other person employed in any Industrial Establishment whom the Government may, by notification, declare to be an employee for the purposes of this Act;

(c) "employer" when used in relation to an Industrial Establishment means the person who has the ultimate control over the affairs of the Industrial Establishment 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;

(d) "holiday" means holiday as provided in this Act;

(e) "Industrial Establishment" means —

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

(ii) any other establishment which the Government may, by notification, declare to be an Industrial Establishment for the purposes of this Act;

(f) "Inspector" means an Inspector appointed under sub-section (1) of section 6;

(g) "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 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 facilities 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 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;

(d) any sum paid to the employee to defray special expenses entailed on him by the nature of his employment; and

(e) any travelling concession;

(h) "prescribed" means prescribed by rules made under this Act.