Holidays Including National Holidays And Restricted Holidays

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Government of India   Ministry of Railways   Master Circular No. 47   Holidays Including National Holidays and Restricted Holidays   CONTENTS   No. Subject 1 Introduction 2 Definition 3 Classification of Staff for the purpose of  holidays 3.1 Entitlement to Holidays 4 Holidays – Policy for declaration 5 National Holidays 6 Monetary Compensation in lieu of Attendance on National Holidays 7 Rates of Monetary compenstionn for attendance on holidays 8 Restricted Holidays 9 Holidays on Special occasions 10 Payment of wages/overtime when an office/workshop is closed on the death of a high dignitray 11 On the occasion of General Elections/Bye Elections to Parliament/State Assemblies and other elections to Local Bodies 12 Entitlement of Casual Labour 13 Effect of combinationn of holidays 14 General 15 Other Railway Boards Orders on the Subject 16 Chapter 16 of the IREM Vol. I   Holidays Including National Holidays and Restricted Holidays     ********* The Ministry of Railways (Railway Board) have decided to issue a consolidated Master Circular based on the instructions issued from time to time on the subject of ”Holidays” for informationn and guidance of all concerned: –   2. Definition   ‘Holiday’ mens – in relationto any articular office/industrialestablishment, a day on which such offcie is ordered to be closed by a competent uthority for transaction of business, without reserve or qualifications.   2.1.  A restricted holiday is not a holiday within the meaning of this definition.   (Ref. Rule 103 (23) – Estt. Code Vol.I/1985)   3. Classification of Staff for the purpose of  holidays:    Due to the varied nature of their duties and responsibilities, the Railway Servants broadly fall into the ffoloowing three ctegories: –   (i)Railway Servants in administrative offices doing work of Secretariat nature-popularly referred toi as office staff;   This category includeds all Railway servants working in the Headquarters, Divisional Offices and othersimilar office establishments.   (ii)Workshop staff – This category includes all Raliway servants working in workshops governed under the Factories Act and other attached estalishments such as Stores, Offices, Laboratories, etc. which may or may not be governed by Factories Act.   (iii)  Open Line Staff – This category includes all other Railway servants Artisans, Supervisory and Ministterial Staff working  in Loco Sheds, C&W Depots, Offfices of the PWIs, BRIs, Sis etc.     3.1. Entitlement to Holidays – The entitlement to holidays for the above mentioned three categories of staff is as under:     Closed Holidays Restricted Holidays Total (a) Office Staff 16 2 18 (b) Workshop staff 15 nPaid holidays – 15 (c) Open Line3 Staff 12* – 12   (Ref. Board’s letter No. E (L) 59 HL1/17 dated 30.12.1959 and 07.01.1960, E 49 CPC/212 dt. 27.12.1949 and E (LR) III/86/HL1/4 dt. 28.12.1988) * Effective from 01.01.1989 4. Holidays – Policy for declaration :   For the office staff working in Delhi/New Delhi, list of all the 16 closed holidays in a calender year will be drawn and declared by the Department of personnel, Government fo India.   4.1. In the case of Railways, 16 holidays for athe Office Staff, 15 paid holidays in respect of the Workshop Staf and 12 paid holidays in respect fof line staff are to be chosen in consulation with the organised labour. However, these holidays will be inclusive of the three National Holidays.   5. National Holidays :   The undermentioned three occasions are treated as National Holidays:   (i)         Republic Day on the 26th January;   (ii)        Independence day on the 15th August; and   (iii)       Mahatma Gandhi’s birth day on the 2nd October.   These three National holidays are compulsory.   (Ref. Board’s letter No. E/50/HL1/11 dt. 01.12.1950 and E (LR) III/78/HL1/9 dt. 30.10.1978)   6. Monetary Compensation in lieu of Attendance on National Holidays:   It may not be possible to relieve the Railway servnts, with some exception, falling in the category of open line staff, to avail of athe National Holiday (s) e.g. railway Servants engaged in the movement of tarains, train-passing duties, maintenance of essential sercvices, those performing rostered duty hours etc. For attendance on National Holidays, monetary compensation is payable to them at the rates notified from time to time.   6.1.Monetary compensatioin in lieu of attendance on National holidays will be admissible in the followign circumstances also:   (a) When the day of rest fo the Railway Servant and the National Holiday fall on the same day;   (b) When the running staff are on ‘waiting duty’ or on ‘Light duties’ on a National Holiday and alsok, who re, after completion of rest including periodic rest on National Holiday, re waiting to be booked on that day;   (c) When the relieving stff travel as pasengers on a National Holiday, from their headquarters station to take up duty at another station or to their headquarters after performing duties at outstations.   (Ref. Board’s letters No. (i) PC/60/HL-2/1 dated 06.02.1962, (ii) PC-60/HL-2/1 dt. 30.08.1962, (iii) PC-60/HL2/1 dated 09.04.1963) and E (P&A) II/HLI dt. 20.10.1978)     6.2.  Railway Serants performing duty on a National Holiday as on tour are not entitled to the monetary compensation.   6.3. Railway Servantrs who work round the clock performing duties in shifts and who perform part duty on a National Holiday are entitled to monetary compensation aat the full prescribed rate. (Ref: Board’s letter No. PC-60/HL-2/1 dt. 11.05.1962) 6.4. Members of the Railway Protection Force workinng round the clock and entitled to Public Holidays are also eligible for monetary compensation for working on National Holidays.   (Ref. Board’s letter No. 63/Security/6/6dated 22.10.1963)   6.5. Members aof athe RPF/RPSF who are called to attend to duty on closed days are eligible to monetary compensation for a total of not exceeding 30 days in a calender year inclusive of the three National Holidays.   6.6. Payment of monetqry fcompensatio is admissible only to the Nnon-gazetted Railway Servants, who do not enjoy Public Holidays though entitled and are bocked to attend to duties on the National Holidays. Only those employees whose pay does not exceed Rs.2600/- (RPS), are eligible to this allowance.   (Ref: Board’s letters No.PC-60/HL-2/1 dated 11.05.1962 and  E(P&A) II/86/HL/2 dated 21.07.1987)   6.7.Office staff who are booked to work on a  national holiday in exigencies are not entitled to the payment of monetary compensation but they may be given compensatory off in lieu.                           (Ref: Board’s letter No. E (L) 64 HLI/12 dated 17.09.1965)   6.8.Railway TA personnel, who have opted for the Railway pay and allowances while on T.A. duty on a National holiday during embodiment may be paid monetary compensationn as applicable and at the rates in force, in lieu of attendance on the National holiday.   (Ref: Board’s letter No. E (ML) 72 ML3/23 dt. 29.09.1973)   6.9. Members of the RPF/RPSF who are booked to attend to duty on holidys inclusive of National holidays, weekly rest days whether falling on Sunday or any other day are eligible for cash compensation in lieu of attendance on these days subject to the following conditions. Cash compensation would be admissible: –   (i) Only if it is not possible to give them compensatiory off for working on a closed day;   (ii)Only to the extent of the number of days the personnel actually worked on closed days; and   (iii)For a total of not exceeding 30 days in a calender year.     7. Rates of Monetary compenstionn for attendance on holidays :   (Ref: Board’s letters No. E (LR) III/78/HL1/4 dated 23.12.1978 and E (LR)III/86/HLI/4 dated 28.12.1988) Monetary compensation will be admissible as shown below.   (a) for attendance on the three National Holidays and six other holidays, which have been chosen by the open line staff of the region. (To nine days). At the same rate as allowed to other Railway Servants for attendance onn three National holidays. (b) for attendance on the remaining 21 days. Encashment of leave as applicable. (c) for attendance oon the nine holidays referred to in (a) above. Compensatio for these holidays will be as applicable to the other 21 days (b above) prescribed within athe ceiling limit of 30 days for encashment of leave in a calendar year.   (Ref: Board’s letters No.E (P&A II-79/HW(II) RPF (B) dated 3.10.1979, E(P&A) II-80/HW-2 (RPF) dated 12.01.1981, E(P&A) II-82/ALL-1 (RPF) dated 17.06.1982 and E(P&A) II-82/ALL-1 (RPF) dated 17.02.1983)   8. Restricted Holidays :   The restricted holidays in a calendar year are admissible to Railway Servants in Administrative officews engaged on work of a Secretariat nature. For this purpose, a list of restricted holidays should be drawn up by each Railway Administration with due regard to the festivals of local importance and fostivals sacred to the Minority jcomunities and taking into account the demand from the wstff on the ground of it being an important festival/occasion observed by a large number of people.    (Ref: Board’s letters No. E (L) 59 HL1/17 dated 30.12.1959, E (L) 59 HL1/17 dated 07.01.1960 and E (L) 67 HLI/11 dated 21.08.1967 & E (L) 59 HLI/17 dated 02.02.1961)   8.1.Each Railway servant belonging to the category mentioned in para 8 above is eligible to avail himself/herself aof any two holidays in a year to be chosen by him/her out of the list of restricted holidays prepared. Normally, while a railway servant shall be permitted to avail of athe two restricted holidays in a year, it is not obligatory that he/she should invariable be given tow restricted holidays in a year, if, in the exigencies of service, it is not possible to let him/her avail of the same. Therefore, if some Railway servants have not been allowed to avail the restricted holiday, inspite of their option, there is no question of granting any compensatory holiday in lieu thereof.    (Ref: Board’s letters No. E (L)59/HLI/17 dated 07.01.1960 & E (L) 64 HLI/12 dated 17.09.1965)   9. Holidays on Special occasions:   (i) Death of High Dignitariews and (ii) Elections to Lok Sabha/State Assemblies – Closing of offices and industrial establishments on the death of High dignitaries will be as under: –     Dignitary Closure of office (i) President (i) All offices of the Central Govt.will be closed throughout the country on the day ohn which death occurs;   (ii) All offidces of the Central Govt. will  be closed throughout the country on the day of the funeral; and   A public holiday under the Negotiable Instruments Act, 1881 will be declared by the Govt. at the place where the funeral takes place, if it is not already a public holiday. (ii) Vice President (i) All offices of the Central Govt. will be closed throughout the country on the dy on which death occurs; and   (ii) All offices of the Central Govt. will be closed for half-a-day onn the day of the funeral at the place where the funeral takes placew. (iii) Prime Minister (i) All offices of the Central Govt. will be closed throughout death occurs and alos on the day of the funeral. (iv) Union Cabinet Minister. (i) Offices of the Central Govt. will be closed for half a day in Delhi/New Delhi on the day of death and if the funeral takes place outside Delhi/New Delhi for half-a-day at the place where the funeral takesplace. (v) Minister of State/Deputy Minister of the Central Govt. (i) Offices of the Central Govt. under the direct charge of the deceased Minister will be closed for half-a-day in Delhi/Njew Delhi and afor half a day at athe place where the funeral takes place, if outside Delhi/New Delhi. (vi) Governor or Chief Minister of a State. (i) In the event of death of a Governor or a Chief Minister offices will be closed;   (a) for half-a-day in the Capital of athe State concerned;   (b) if death occurs at a place outside the State Capital, also for a half-a-day at that place; and   (c) if the funeral takes place at any other place, for half-a-day at the place where the funeral takes place.     9.1Holidays declared in the event of athe demise fo high dignitaries under the Negotiable Instruments Act are not applicable to Railway Industrial Establishments unless otherwise indicated specifically. (No.E(LR) III/91/HL1-2 dt.26.07.1991)   9.2.The other relegvant instructionns are detailed below:   1)On receipt of the intimation of the death of the President, Vice-President or Prime Minister, the Ministry of Home Affairs will inform the Central Ministries and Departments, State Governments, etc. The All India Radio will also make an announcement. Heads of offices throughout India Will arraange for closure of tyheir ofices as soon as intimation is received from the Ministr4y of Home Affairs or over the AIR, whichever is earlier.      2) If intimationn of the death of the President, Vice-President or Prime Minister is received after office hours, Central Government offices will be closed throughout India on the following day if it is otherwise a working day.   3) If intimation of the death of the President, Vice-President of Prime Minister is received during office hours late in the after-noon, offices will be closed for rest fo the day but if it is nhot possible to effect closure for more than three hours, Ministry of Home Affairs may issue instructions for closing the offices on the following day also if it iw otherwise a working day.   4) In the event of the death of a Union Cabinet Minister, the Ministry of Home Affairs will intimate the particular half day when offices at Delhi and aat the place of athe funeral may remain closed.   5) In the event of the death of a Union Minister of State or Deputy Minister, the concerned Ministry or Departmenht will determine the particular half day when their offices may remain closed at Delhi and at the place of athe funeral. The closure should be so adjusted to enable officers and staff of the Ministry or Department concerned to pay homage to the deceased or attend the funeral.   6)In the event of death of a Governor or Chief Minister of a State, the particular half day when the offices mayu remain closed will be determined by the Heads of local offices in consultation with the Chief Secretary of the State Government.   7) In the event of death of the President or Prime Ministe, ofices and industrial establishment of the government/Administrations of Union Territories will fololow the above innstructions. These offices need not be closed in the event of the death of any other Central dignitary.   8) In the event of the death of an Administrator or Chief Minister or other Minister of a Union Territory, offices of the Railway Administration in the Union Territories will not be closed.   (Ref: Board’s letter No. e (LU) 72 HL1/7 dated 29.05.1972)   9.3 Holidays declared on special occasions viz. Death of High dignitaries, birth centenary of National leaders etc., may be prefixed or suffixed to regular leave. Such holidays can also be combined with casual leavbe and if flling within a spell of casual leave, the same will not count as casual leave.   (Ref: Board’s letter No.E(L) 66 HLI/9 dt. 19.09.1966).   10. Payment of wages/overtime when an office/workshop is closed on the death of a high dignitray:   When an office is closed on the death of a high dignitary, any person serving in that office on daily wages and paid once in a moth should be paid wages for the day or for part of the day on which the office is closed.   10.1.    When an office is closed on the death of a dignitary, Railway servants employed therein who are placed on duty to attend to immediate work should be compensated under the relevant rules or orders, as oif they have been placed on overtime on a closed holiday.   10.2.    The day on which the Railway workshop is closed, following the death of High dignitary (Railway Workshops will not be closed on the death of any dignitary other than the President and will be closed only on the day of the funeral at the place where the funeral takes place) should be treated as a paid holiday in that workshop and payment of wages aned overtime if any to the employees of the workshop for that day regulateed accordingly.   10.3.    No. compensationnis payable to the Line Staff who are on duty on such a day.   (Ref: Board’s letter No.E (LU) 72 HCI/7 dated 04.09.1973).   10.4.    Supervisory Staff and non-industrial satf in wrkshops, who are given unpaid holiays in additionto closed holidays and casual leave, are not eligible for payment of overtime allowance when they are required to attend to their duties onh unpaid holiays nor  should they be given any compensatory off for such attendance.   (Ref: Board’s letter  No. E (L) 61 HL1/19 dt. 14.03.1963).   11.On the occasion of General Elections/Bye Elections to Parliament/State Assemblies and other elections to Local Bodies:   In connection withGeneral Elections to Lok Sabha or to a State Assembly a local holiday is usually declared by the State Govt. on the date (s) of polling, if held on day (s) other than a Sunday or other closed holiday (s). When such a holiday is declared, thye Central Govt. offices located inn such places should also be closed on the polling day (s) in accordance with the practice adopted aby the State Governmment.   11.1 In some cases, it may happenn that a Railway servant residing and enrolled as a voter inn a particular constituency may abe employed in an office4 at some other place. In such cases the individual Railway servant may be granted, special casual leave to enable him to exercise his franchise if the office in which he is working does not happen to be closed aonn that particular day. 11.2. On the occasionn of bye-electio to Lok Sabha, normally the State Govt.. declares a loczl holiday in that particular area/constituency on the polling day (s), if the election is held on a day other than a Sunday or a closed holiday. Central Govt. offices in that particualr area/constituency may also be closed on the day of polling, folowign the practice of the State Government. Special Casual leave may be granted to individual Railway Servant (s), as mentioned in para 9.2. above if the situation is similar.      11.3. In bye-elections State Assemblies, Central Govt. offices in the State concerned should not be closed. Only those Railay servants who may be placed on election duty should be permitted to remain away from their normal duties on the polling day (s). All other Railway servants who are voters may be given the facility on the day of polling, to esxercise their franchise eith;er by being allowed to come late or leave office early or shyort absence during the course of the day  subject to exigencies of service.   11.4. During elections to Panchyat/Corporation/Municipalities or other local bodies, the Central Govt. offices will not be closed. Railway servants, who are bonafide voters, desirous of exercising their franchise should be offered reasonable facility for the purpose subject to the normal exigencies of service.   (Ref: Board’s letter No. E (L) 64 HL1/1 dated 19.10.1964 and E (G) 86 EL1/1 dated 21.04.1987)   12. Entitlement of Casual Labour :   Casual labour engaged on daily rate of pay are entitled to the three National holidays, provided they are in service on the day preceding the National holiday and are also in service on the day following the National holiday. In case the followign day happens to fall on the periodic day of rest they should be in service on the next working day. The National holidays hsould be treated as paid holidays.   (Ref: Board’s letter No. E (L) 62HL1/3 dt. 17.01.1964)   12.1.If the periodic rest day (s) of any of athe casual labour fall on National holidays, they are entitled to additional holidays in lieu of the national holidays. Where shch alternative holidays could not be allowed, they are entitled to extra wages for a day.   (Ref: Board’s letter No. E (L) 66 HLI/12 dated 30.12.1966)   12.2.Casual labour who have attained temporary status and are entitled to three National holidays are entitled to 9 holidays in a calendar year (inclusive of three National holidays) with effect from 01.01.1980.   (Ref: Board’s letter No. E (LR) III 78 HLI/12  dated 22.05.1979 and 23.02.1980)   12.3.Casual labour engageed in Projects, who are treated as monthly rated workers and paid consolidated wages at the rate of the minimum scale of pay plus Dearness Allowance thereon, on completion of 180 days of continuous service, of three National holidys) on par with the open line Casual Labour.   (Ref: Board’s letterr No. E(NG) II/82/LG-5/4 dated 06.06.1983) 13. Effect of combinationn of holidays :   Holidays can be combined with regular leave i.e. either affixed and/or suffixed.   13.1. Though a restricted holiday is not a closed holiday within the definitionn of the term holiday (ref. Para 2) it wilbe tareated as a Public holiday, whenever it si availed, for purposes of co9mbinationn with other holidays and for being affixed and/or suffixed to regualr leave as well as casual leave. If a Restricted holiday falls within a spell oof casual leave availed by a Railway servant, the restricted holiday will not count as casual leave.   (Ref: Bard’s letter No. PC.60 LE7/1 dated 24.08.1960)   14  (i)While referring to the master circular, the original circulars mentioned herein should be read for a proper appreciation. The master circular is only a consolidation of the existing instructions and should not be treated as a substitution of the original circulars. In case of doubt, the original circulars should be relied upon as authority;   (ii)The innstructions contained in the original circulars referred tro have only prospective effecxt, unless indicated otherwise;   (iii)If any circular having a bearing on the subject, which has not been superseded, ahs been lost sight of in the preparationo of the master circular, the said circular which has been missed through oversight,k should not be ignored but should be treated as valid and operative.

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