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THE HIMACHAL PRADESH INDUSTRIAL
ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE)
RULES, 1970
ARRANGEMENT
OF RULES
RULES:-
1.
Short title.
2.
Definitions.
3.
Festival Holidays.
4.
Election of representatives of workers.
5.
Casual Leave.
6.
Sick Leave.
7.
Maintenance of Records.
8.
Penalties.
Form ‘A’
Form ‘B’
LABOUR DEPARTMENT
NOTIFICATION
Shimla-4,
the 2nd January, 1971
No.-2-26/69-SI-
In exercise of the powers conferred by Section 15 of the Himachal Pradesh
Industrial Establishments (National and Festival Holidays and Casual and
Sick Leave) Act, 1969 (Act No.-7 of 1970), the Lieutenant Governor
(Administrator), Himachal Pradesh is pleased to make the following
rules for the purposes of the
said Act, the same having been previously published vide notification
No.-2-26/69-SI, dated the 17th August, 1970:-
RULES
1.
Short title. These rules may be called the Himachal
Pradesh Industrial Establishments (National and Festival Holidays and
Casual and Sick Leave) Rules,
1970
2.
Definitions. In these rules, unless context otherwise
requires:-
(a)
“Act” means the Himachal Pradesh Industrial
Establishments (National and Festival Holidays and Casual and Sick Leave )
Act, 1969;
(b)
“from” means a form appended to the rules;
(c)
“Inspector” means Inspector appointed under the Act;
(d)
“representative of the workers” shall mean the
representative of the workers on
the works committee constituted under Section 3 of the Industrial Disputes
Act, 1947 and where there is no such works committee, the representatives
of the workers elected in the manner prescribed under rule 4;
(e)
“section” means a section of the Act.
3.
Festival
Holiday
. (1) The four festival
holidays required to be allowed under section 3(1)(b)[Section 3(1) read
with Section 15(2)(a)], shall be determined by the employer in
consultation with the representatives of the workers before the 30th
November each year for the ensuing calendar year.
The holidays to be determined shall be notified to the workers
before the 31st December each year, by exhibiting a copy of the
same on the notice board kept at a conspicuous place where the majority of
the workers enter the premises of the industrial establishment and also at
the Time keeper’s office, if any; and a copy of the same shall be
delivered to the Inspector of the area before the 31st
December, each year.
(2) For exercising claim for half festival holiday as provided
in proviso to sub section
(1) of Section 3 a written application to this effect shall be received by
the employer
before the 31st October every year which shall be signed by not
less
than 10 per cent workers of the industrial establishment on rolls
on that day
indicating the name of festivals on which they want to avail half
holidays. If any
difficulty in this behalf arises, that matter will be settled by
the employer in
consultation with the representatives of the workers.
(3). In case it is not possible to determine the festival holidays
under sub-rule (1) and (2)
before the 30th November the matter shall be referred by the
employer to
the Inspector of the area concerned immediately but not later than
the 1st
December. The Inspector
shall make efforts to bring about settlement between
the employer and the workers. In
case the Inspector is not able to bring about any
settlement between the employer and the workers within 15 days of
the receipt of the reference from the employer he shall refer the matter
to the Labour Commissioner,
Himachal Pradesh for his decision. The
Labour Commissioner,
Himachal Pradesh shall give his decision before the
31st December, which shall
be final.
4.
Election of representatives of workers. Where there is
no works committee constituted under Section 3 of the Industrial Disputes
Act, 1947, [ Section 3(1) read with Section 15(2)(a)], the representatives
of the workers shall be elected from amongst the workers.
The election shall be arranged by the employer in the month of
October each year for which purpose he shall issue seven days’ notice
and invite nomination whereafter election will be held by show of hands.
5.
Casual Leave. (1) during the first year of service a
worker may be allowed not more than two days’ casual leave for every
three months of service put in by him [Section-4 read with Section
15(2)(b)].
(2)The un availed casual leave shall lapse at the end of the
calendar year. If any
casual leave due is refused by the employer in his own interest,
the worker shall
be compensated by grant of casual leave on any other day chosen by
the worker or by payment
of the average daily wage for that day..
(3) The casual leave shall not be combined with any other kind of
leave.
(4) Except for emergent reasons, casual leave shall not be asked or
allowed for
more than three days at a time.
(5) An application for casual leave shall be made two days in
advance to the
management concerned and permission obtained before hand;
Provided that in case of urgency of death or serious illness in the
family of the worker, such
application can be made immediately on resuming duty, giving
cogent reasons for inability to obtain prior permission
.
(6) If a substantial number of workers apply for casual leave in a
concerted
manner and for the identical period and the employer has reasons to
believe that the
leave has been applied for with an intention to affect the working of
the
establishment adversely, the employer may reject the application
and the worker
shall not be entitled to claim any compensation for leave thus
refused:
Provided further that a worker may apply afresh for leave thus
rejected at other time during the
year and such application may then be considered by the
employer in the normal course.
6.
Sick Leave. (1) If sick leave is for more than two days
it shall be granted on application supported by a medical certificate from
registered medical practitioner [Section 4 read with section 15(2)(a) and
(b):
Provided that the employer may require the worker to get
countersigned
such medical certificate from the
authorised medical officer of the Industrial
establishment if any, or from the doctor in charge of the
Government
Hospital
of the area and the fee for getting
the medical certificate countersigned shall be
borne by the employer.
(2) In case a worker is suspected to be suffering from any
contagious or infectious
disease, he may be got medically examined by the employer at his
(employer’s expense) and allowed to proceed on leave as though the
workers had applied for
being sent on leave himself.
7.
Maintenance
of records. (1)
Every employer shall submit to the Inspector of the area statement of
festival holidays to be allowed to the workers during the calendar year
before the 31st December of the preceding year in Form ‘A’
[Section 15(2)(c)]. A copy of this statement will be exhibited on a notice
board to be kept in the industrial establishment at a conspicuous place
and shall be available for inspection at all time.
(2) The account of festival holidays, casual leave and sick leave shall
be
maintained in Form “B”.
8 Penalties. Any person who contravenes any provision of the rule
shall be
punishable with fine, which may extend to fifty rupees [Section
15(3)].
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