Kerala Industrial Establishments (National and Festival Holidays) Act, 1958

No: 48 Dated: Oct, 30 1958

THE KERALA INDUSTRIAL ESTABKISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT; 1958

Act 47 Of 1958

    An Act to provide for the grant of National and Festival holidays to persons employed in industrial establishments in the State of Kerala

    WHEREAS it is expedient to provide for the grant of National and Festival holidays to persons employed in industrial establishments in the State of Kerala ;

BE it enacted in the Ninth Year of the Republic of India as follows:-

1. Short title, extent and commencement - (1) This Act may be called the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958.

(2) It extends to the whole of the State of Kerala .

(3) It shall come into force at once.

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

(a) “day” means a period of twenty-four hours beginning at mid night;

(b) “employee” means-

(i) any person (including an apprentice) employed in any industrial establishment to do skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied;

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

(c) “employer” when used in relation to an industrial establishment means a 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 establishment, industrial, commercial or otherwise, where (twenty) [2] or more persons are employed, or were employed on any day of the preceding twelve months and includes-

(a) a factory as defined in the Factories Act, 1948 (Central Act 63 of 1948); and

(b) a plantation;

(ii) any other establishment which the Government may, by notification in the Gazette, 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) “Plantation” means any estate maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea, which is (twelve hectares) or more in extent, or in which (twenty or more persons) are employed, or were employed on any day of the preceding twelve months, for that purpose;

(h) “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, of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains 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 the service;

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

(e) any traveling concession.