national holiday act ?

Dear friends,

1. Is there an act enacted by the central government which mandates for a compulsory holiday on certain national festivals/days in a year ? I searched on ministry of labor and employment website of Govt of India and in the list of acts mentioned, i found that there is a link on one act called 'the National & Festival Holidays Act'. However, i could not see the year mentioned nor the page could open. I have also heard that there is no such act enacted by a centre. If this is so, where does certain national holidays declared by central govt derive their legality from ?

2. I have also heard that due to certain emmergencies if employees have to work on national holidays then they either get 3 days comp off or 3 days salary. Is it true?

Please guide.

Mr. Anand

National & festival holidays act is applicable to all the establishments in the country & grants leave on the follwing 3 days i.e 26th jan, 15th aug & 2nd oct & rest of the festival holidays are left to the discretion of the concerned  state  or the establishments & also the no. of festive holidays differ from state to state.

Regards

Vinoth

You may refer to Shops and Establishments Act of your State for clarification on this.

 Mr Vinoth,

I did not find any central act pertaining to 'National and festival holidays'.

Also i did not find any act by State of Maharashtra for national holidays.

I too do not find the National Holidays Act but instead I could find Weekly Holidays Act, 1942 which consists of 11 sections. But in the said enactment, there is no mention about the mandatory holidays. But you may refer to the said Act for its subsequent changes.

What if a organization is not giving off/ Leave on the national holiday like 2nd oct , 26th Jan. Is there a way to complaint for the organization .

In maharashtra, there are specific national holidays prescribed in the Shops and commercial establishments act.  However there is no provision in the factories act for such holidays.  However, if these holidays are included in the return of holidays list, followed from years together it amounts to custom, usage and long standing practice.  However for new set up factories, it will not be mandatory.  In other states such as Himachal, Punjab, Orissa, Andhra etc.  the state govts have enacted the national holidays act which is applicable to those states.

Dear all,

Please tell about how many national holiday & festival holiday in Maharashtra, Punjab & West Bengal.

Thanks & Regards

Anil Kumar Singh

Dear Sirs,

Is there any specific law pertaining to National and Festival holidays for industrial establishments in West Bengal? If so, kindly share

If it is a factory the answer has already been posted.