Tamil Nadu Industrial Establishments (National, festival and special holidays) Act, 1958
No: 33 Dated: Dec, 10 1958
THE TAMIL NADU INDUSTRIAL ESTABLISHMENTS (NATIONAL, FESTIVAL AND SPECIAL HOLIDAYS) ACT, 1958
(Tamil Nadu Act 33 of 1958)
An Act to provide for the grant of National, festival and special holidays to persons employed in industrial establishments in the State of Tamil Nadu.
Whereas it is expedient to provide for the grant of National, festival and special holidays to persons employed in industrial establishments in the State of Tamil Nadu;
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 Tamil Nadu Industrial Establishment (National, festival and special holidays) Act, 1958.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall be come into force on such date as the Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "day" means a period of twenty-four hours beginning at midnight;
(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 express or implied;
(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 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) "Government" means the State Government;
(e) "industrial establishment" means,-
(i) any establishment as defined in clause (6) of section 2 of the Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947);
(ii) 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 sub-section (2) of section 85 of that Act;
(iii) any plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (Central Act LXIX of 1951);
(iv) 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 a supply of light, water, medical attendance 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;
(e) any travelling concession.
3. Grant of National, festival and special holidays. - (1) Every employee shall be allowed in each calendar year a holiday of one whole day on the 26th January, the 1st May, the 15th August and the 2nd October and five other holidays each of one whole day for such festivals as the Inspector may, in consultation with the employer and the employees, specify in respect of any industrial establishment.
(2) Notwithstanding anything contained in sub-section (1), the Government may, having due regard to any emergency or special circumstances prevailing in the State or any part thereof, by notification, declare any other day as a special holiday, to the employees of the industrial establishments, as it may deem fit. xxx
4. Employer to send statement to Inspector. - Every employer shall send to the Inspector having jurisdiction over the area in which the industrial establishment is situated, and display in the premises of the industrial establishment, a statement showing the holidays allowed in each calendar year under section 3, in such form, within such time and in such manner as may be prescribed.