PUDUCHERRY INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT, 1964

An Act to provide for the grant of National and Festival Holidays to persons employed in industrial establishments in the Union territory of Puducherry.

Grant of National and Festival Holidays

Every employee shall be allowed in each calendar year a holiday of one whole day on the 26th January,1st May,15th August,16th August and 2nd October and three other holidays each of one whole day for such festival as the Inspector may, in consultation with the employer and the employees, specify in respect of any industrial establishment:

Provided that if in any calendar year the 26th January,1st May,15th August, 16th August or 2nd October falls on a weekly holiday, every employee shall, in addition to his normal wages, at his option and subject to the proviso to sub-section (3) of section 5 (Wages), of the Act be entitled to:

• an extra single days’s wages, or
• avail himself of an additional holiday with wages on any other day.

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.

Wages

1. Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under section 3.
2. (a) Notwithstanding anything contained in section 3, any employee may be required by the employer to work on any holiday allowed under that section if the employer has not less than twenty-four hours before such holiday --

• served in the prescribed manner on the employee a notice in writing requiring him to work as aforesaid; and
• sent to the Inspector having jurisdiction over the area in which the industrial establishment is situated and displayed in the premises of the industrial establishment a copy of such notice. (b) Where an employee works on any holiday allowed under section 3 he shall, at his option, be entitled to ---
• twice the wages; or
• wages for such day and to avail himself of a substituted holiday with wages on any other day.

3. Notwithstanding anything contained in sub-section (1) or sub-section (2), an employee who is paid wages by the day or at piece rates shall be entitled to be paid wages for any holiday allowed under section 3 --

• only at a rate equivalent to the daily average of his wages to be calculated in the prescribed manner.
• where he works on any such holiday, only at twice the rate mentioned in clause (i), or in lieu thereof, at the rate mentioned in that clause and to avail himself of a substituted holiday with wages at that rate on any other day:

Provided that no such employee shall be entitled to be paid any wages for any of the holidays allowed under section 3 other than the 26th January,1st May,15th August, 16th August and 2nd October, unless he has been in the service under the employer for a total period of thirty days within a continuous period of ninety days immediately preceding such holiday.

Explanation. – For the purpose of this proviso a weekly or any other holiday or authorized leave availed of by an employee shall be included in computing the period of thirty days mentioned therein.

Rights and privileges under other laws, etc., not affected. Nothing contained in this Act shall affect any rights or privileges which any employee is entitled to, on the date on which this Act comes into force under any other law, contract, custom or usage, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act;

Provided that if in any industrial establishment the number of holidays for festivals which any employee is entitled to, on the date on which this Act comes into force, exceeds four, the employer may, subject to the provisions of section 3, curtail a holiday of one whole day for one such festival as the Inspector may, in consultation with the employer and the employees, specify in respect of the industrial establishment.

• Puducherry Industrial Establishments (National and Festival Holidays) Act, 1964
• Puducherry Labour Department