KARNATAKA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) RULES, 1964
THE KARNATAKA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) RULES, 19641)
CONTENTS
Rules
1.Title
2.Commencement
3.Definitions
(a)Act
(b)Form
©Section
(d)All other words
4.Manner of consultation with trade unions and employees
5.Statement of holidays to be displayed by the employer
6.Decision on disputes under Section 3
7.Approval of Inspector [Omitted]
8.Statement of holidays to be displayed before 31st December [Omitted]
9.Wages to be paid on holidays
10.Duties of Inspectors
11.Annual returns [Omitted]
12.Muster Roll [Omitted]
13.Penalties
FORMS 1 to VI [Omitted]
(As amended by GSR 8, dated 17-1-1998)
GSR 373.—In exercise of the powers conferred by Section 12 of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963 (Karnataka Act No. 24 of 1963), the Government of Karnataka hereby makes the following Rules, namely: —
1. Title. —These rules may be called the Karnataka Industrial Establishments (National and Festival Holidays) Rules, 1964.
2.Commencement. —These rules shall come into force at once.
3.Definitions. —In these Rules unless the context otherwise requires: —
(a)“Act” means the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963;
(b)“Form”means a form appended to these Rules;
©“Section”means a Section of the Act;
(d)All other words and expressions used herein and not defined shall have the meaning respectively assigned to them under the Act.
'[4. Manner of consultation with trade Unions and employees. — (1) the Employer shall prepare a tentative list of holidays for the purpose of Section 3 from the list of holidays specified in the Specified and shall also communicate the same to the Trade Unions or in the absence of any trade union, to the employees or their authorised representatives calling upon them to file their objections and suggestions, if any in that regard, within fifteen days from the date of receipt of the communication.
2) Where no objections or suggestions are filed within the time limit set under sub-rule (1) or where the trade Unions or in the absence of any trade union, the employees, or their representatives agree to the tentative list, the employer shall take steps to specify the said list by displaying the same in accordance with sub-rule (1) of Rule 5. If there is any disagreement he shall take action as required under sub-section (2) of Section 3.
5.Statement of holidays to be displayed by the employer. — (1) Within thirty days from the date of publication of these rules in the Official Gazette in the case of Industrial Establishments existing on such date and within thirty days from the date of commencement of its work in the case of new Industrial Establishments, the employer of the Industrial Establishment shall after consultation under rule 4, display the list of National and Festival Holidays allowed under Section 3 and declared as pai d holidays during the calendar year for the information of the employees concerned, in Kannada and English languages on the Notice Board and in any other conspicuous place in the Establishment:
Provided that in case the holidays are to be declared for each succeeding calendar year, such declaration shall be displayed in a conspicuous place before the 31st of December, every year.
6.Decision on disputes under Section 3.— (1) As soon as may be after the Inspector receives reference of a dispute under sub-Section (2) of Section 3, he shall after giving a reasonable opportunity to the employer and employees or their registered trade union to file their objections or suggestions or views on the dispute and after considering their objections, suggestions, or views, as the case may be, decide the dispute.
(2) The inspector shall communicate his written Decision to the employer and the employees or the trade union concerned, as the case may be, within five days from the date of the Decision, and the employer shall immediately there upon display such decision in the manner specified in rule 5.]3) )
'[7. Approval of Inspector. —x x x x x.
8.Statement of holidays to be displayed before 31st December. —x x x x xx]. 4) ]]
9.Wages to be pai d on holidays. —For the purpose of clause (i) of sub-Section (3) of Section 5, the daily average wage of an employee shall be calculated at a rate equal to the daily average of his total full-time wages for the days on which he has work ed in the Industrial Establishment during the thirty days immediately preceding the holiday granted under Section 3.
2[10. Duties of Inspector. —An inspector shall at each inspection of an Industrial Establishment; satisfy himself. —
(a)that the statement of holidays under sub-rule (1) of Rule 4 h as been displayed;
(b)that the amount of holiday wages has been paid.]5)
3[11. Annual returns. —x x x x x x.
12.Muster-Roll. —x x x x x x].6)
13.Penalties. —Any person who contravenes the provisions of [these rules]7) shall be punish able with fine which may extend to fifty rupees.
'[FORM Ixxxxx
[FORM IIxxxxx
FORM IIIxxxxx
FORM IVxxxxx
FORM Vxxxxx
FORMVIxxxxx]8)
NOTIFICATION
No. SWL 95 LBW 75, Kar. Gaz. dt. 21-8-1975
SO 2747, dated 6th August 1975. —In exercise of the powers conferred by Clause (iv) of sub-Section (4) of Section 2 of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963 (Karnataka Act No. 24 of 1963), the Government of Karnataka hereby declares all Establishments as defined in Section 2(h) of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Central Act 32 of 1966), to be Industrial Establishments for the purpose of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963.
NOTIFICATION
No. PLM 169 LLE
In exercise of the powers conferred by sub-section (1) of Section 6 of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963 (Karnataka Act No. 24 of 1963), the Government of Karnataka hereby appoints the Officers mentioned in Column 2 of the table below to the Inspectors for the purposes of the said Act within the local limits specified in the corresponding entries in Column 3 thereof.
1.Labour Officer, Bangalore——— Districts of Bangalore (Urban), Bangalore (Rural), Tumkur and Kolar
2.Labour Officer, Mysore———— Districts of Mysore and Mandya
3.Labour Officer, Bhadravathi—— Districts of Shimoga and Chitradurga
4.Labour Officer, Chikmagalur —–Districts of Chikmagalur and Hassan.
NOTIFICATION
No FLM189 LLE 63, dated 14th August 1963
In exercise of the powers conferred by Section 10 of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963 (Karnataka Act 24 of 1963), the Government of Karnataka hereby exempts the following classes of Establishments from the provisions of the Section 3 of the said Act subject to the condition that the employees of such Establishments shall be allowed holidays with wages in lieu of the days for which holidays had to be allowed if this exemption had not been granted: —
1. Cinemas and other places of public amusement or entertainment;
2.Hotels, restaurants, boarding or eating houses, refreshments houses;
3.Chemists and druggists’ shops, Hospitals, Nursing Homes and Dispensaries;
4.Shops and refreshment rooms at railway stations, bus stands, ports or aerodromes;
5.Establishments for retail sale of petrol;
6.Industrial Establishments under the control of the Karnataka State Road Transport Corporation and other transport engaged in the Transport of goods and passengers
7.Industrial Establishments relating to supply of power, light or water to the public;
8.Shops dealing in pan (betel leaf), pan with beedis, cigarettes or liquid refreshments sold retail for consumption on the premises;
9.Shops dealing mainly in meat, fish, poultry, eggs, dairy produce (except ghee) bread, confectionery, sweets, chocolates, ice, ice-cream, cooked-food, fruits, flowers, vegetables or green-fodder;
10.Shops dealing in newspapers or periodicals;
11.Shops dealing in articles required for funerals, burials, or cremations.