{"act":{"id":"andhra-pradesh-factories-establishments-national-festival-other-holidays","short_title":"The Andhra Pradesh Factories and Establishments (National, Festival and other Holidays) Act, 1974","long_title":null,"act_number":"32","act_year":1974,"enact_date":null,"enforcement_date":null,"ministry":null,"department":null,"jurisdiction":"Andhra Pradesh","unit":"section","section_count":13,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"ocr","scan_url":"https://indiacode.ecourtsindia.com/scan/e230fbe6-373a-463a-ae43-40bf6d55463a.pdf","url":"https://indiacode.ecourtsindia.com/andhra-pradesh-factories-establishments-national-festival-other-holidays/"},"unit":"section","section":{"number":"5","heading":"Wages","text":"(1) Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under section 3. 4 [Provided that no wages for any such holiday shall be allowed in respect of any employee, who has not put in atleast thirty days work within a continuous period of ninety days immediately preceding that holiday, or who is on leave with wages during any period including any such holiday.] (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,- (i) served in the prescribed manner on the employee a notice in writing requiring him to work as aforesaid; and 1 Inserted by the Act No. 21 of 1980, S.2. 2. Inserted by the Act No. 21 of 1980, S.2. 3. Substituted by the Act No. 21 of 1980, S.2. 4. Proviso added by the Act No. 21 of 1980, S.2. (ii) sent to the Inspector having jurisdiction over the area in which the factory or establishment is situated and displayed in the premises of the factory or 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- (i) twice the wages; or (ii) wages for such day and to avail himself of a substituted holiday with wages on one of the three days immediately before or after the day on which he so works: Provided that 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.","html":"<p>Wages - (1) Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under section <a href=\"/andhra-pradesh-factories-establishments-national-festival-other-holidays/section/3/\">3</a>. 4 [Provided that no wages for any such holiday shall be allowed in respect of any employee, who has not put in atleast thirty days work within a continuous period of ninety days immediately preceding that holiday, or who is on leave with wages during any period including any such holiday.] (2) (a) Notwithstanding anything contained in section <a href=\"/andhra-pradesh-factories-establishments-national-festival-other-holidays/section/3/\">3</a>, 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,- (i) served in the prescribed manner on the employee a notice in writing requiring him to work as aforesaid; and 1 Inserted by the Act No. 21 of 1980, S.2. 2. Inserted by the Act No. 21 of 1980, S.2. 3. Substituted by the Act No. 21 of 1980, S.2. 4. Proviso added by the Act No. 21 of 1980, S.2. (ii) sent to the Inspector having jurisdiction over the area in which the factory or establishment is situated and displayed in the premises of the factory or establishment a copy of such notice. (b) Where an employee works on any holiday allowed under section <a href=\"/andhra-pradesh-factories-establishments-national-festival-other-holidays/section/3/\">3</a>, he shall, at his option, be entitled to- (i) twice the wages; or (ii) wages for such day and to avail himself of a substituted holiday with wages on one of the three days immediately before or after the day on which he so works: Provided that 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 <a href=\"/andhra-pradesh-factories-establishments-national-festival-other-holidays/section/3/\">3</a> only at a rate equivalent to the daily average of his wages to be calculated in the prescribed manner.</p>","words":314,"text_source":"ocr"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/andhra-pradesh-factories-establishments-national-festival-other-holidays/section/5/","note":null,"source_note":"Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/e230fbe6-373a-463a-ae43-40bf6d55463a.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/c03e1e38-1599-4048-83b8-20cd8de3e65c/content).","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}