((3) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative A… — (NATIONAL AND FESTIVAL HOLIDAYS) ACT; 1958 [1

((3) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.)

13 ((3) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.) ACT 8 OF 1969 THE KERALA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) AMENDMENT ACT, 1969[1] An Act to amend the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958. Preamble. —WHEREAS it is expedient to amend the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958, for the purposes hereinafter appearing; Be it enacted in the Nineteenth year of the Republic of India as follows:— Short title and commencement . —(1) This Act may be called the Kerala Industrial Establishments (National and Festival Holidays) Amendment Act, 1969. It shall come into force on such date as the Government may, by notification in the Gazette, appoint. Amendment of section 2 . —In section 2 of the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 (47 of 1958) (hereinafter referred to as the principal Act),— in sub-clause (i) of clause (e), for the word "fifty" the word "twenty" shall be substituted. in clause (g)— (i) for the words "fifty acres" the words "twelve hectares" shall be substituted. (ii) for the words "fifty or more persons" the words "twenty or more persons" shall be substituted. Amendment of section 3. —To section 3 of the principal Act the following proviso shall be added, namely:— "Provided that in the case of an industrial establishment which commences work for the first time after the commencement of a calendar year, the number of holidays for festivals allowable to an employee under this section during the remainder of that calendar year shall be fixed by the Inspector, so however that the number so fixed shall not be less than the number calculated at the rate one day for every three months or part thereof of the remainder of such calendar year". Insertion of new section 4A . —After section 4 of the principal Act, the following section shall be inserted, namely:— " 4A. Power of employer to require employee to work on holidays . —(1) Notwithstanding anything contained in section 3, an employer may, by notice in writing, require any employee to work on any holiday allowed under that section. The notice under sub-section ( l) shall be served on the employee in the prescribed manner. One copy of the notice shall be sent to the Inspector and another copy thereof shall be displayed in the premises of the industrial establishment, not less than twenty four hours before such holiday." Amendment of section 5.—In section 5 of the principal Act, — for sub-section (2), the following sub-section shall be substi tuted, namely:— "(2) Where an employee works on any holiday allowed under section 3, he shall be entitled to twice the wages and to avail himself of a substituted holiday on any other day." in sub-section (3), for clause (ii) and the provisos, the follow ing clause, proviso and explanation shall be substituted, namely: — " (ii) where he works on any such holiday, only at twice the rate mentioned in clause (i) 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, the 15th August and the 1st May, 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 pre ceding such holiday. Explanation .—A weekly or other holiday or authorised leave availed of by an employee shall be included in computing the period of thirty days mentioned in the preceding proviso." Amendment of section 12 . —For sub-section (3) of section 12 of the principal Act, the following sub-section shall be substituted, namely: — "(3) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule". THE KERALA INDUSTRIAL ESTABLISHMENTS[1] (NATIONAL AND FESTIVAL HOLIDAYS) AMENDMENT ACT, 1979 (ACT 35 OF 1979) An Act further to amend the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 Preamble.- WHEREAS it is expedient further to amend the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958, for the purpose hereinafter appearing; BE it enacted in the Thirtieth Year of the Republic of India as follows:- Short title and commencement.- (1) This Act may be called the Kerala Industrial Establishments (National and Festival Holidays) Amendment Act, 1979. Amendment of section 5.-In sub-section (3) of section 5 of the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 (47 of 1958), in clause (i) for the words 'the Month", the words "the thirty working days" shall be substituted. THE KERALA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) AMENDMENT ACT, 1990 [1] (Act 24 of 1990) An Act further to amend the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958. Preamble .- WHEREAS it is expedient further to amend the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958, for the purposes hereinafter appearing; BE it enacted in the Forty-first Year of the Republic of India as follows:- Short title and commencement .- (1) This Act may be called the Kerala Industrial Establishments (National and Festival Holidays) Amendment Act, 1990. It shall come into force on such date as the Government may, by notification in the Gazette, appoint. Amendment of section 3.- In the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 (47 of 1958) (hereinafter referred to as the principal Act), in section 3, for the words and figure "and the 1 st May and four" the words and figures "the 1 st May and the 2 nd October and nine" shall be substituted. Amendment of section 5.- In section 5 of the principal Act,- (i) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under section 3, whether or not the employer has not required, or could not require, him under sub-section (1) of section 4A to work on that holiday or whether that holiday falls or does not fall during the period of a strike or illegal lock-out: Provided that if such holiday falls during the period of a lay off, the employee shall be paid fifty per cent of the total of the basic wages and dearness allowance that he would have been entitled to, had he not been so laid off: Provided further that no such employee shall be entitled to be paid any wages for any of the holidays if such holiday falls during the period of a strike which is illegal under section 24 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), and such employee has participated in the strike. Explanation :- For the purpose of this sub-section , the expression "strike", "lock-out" and "lay-off" shall have the meanings respectively assigned to them in the Industrial Disputes Act, 1947 (Central Act 14 of 1947)". (ii) in the proviso to sub-section (3), for the figure and words "and the1st May" the figures and words “the 1 st May and the 2 nd October” shall be substituted. --------------------

Section 13