Master Circular Holidays including National Holidays and Restricted Holidays
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
New Delhi, Dated: 18.09.2019
The General Mangers
All Zonal Railways &,
(as per standard mailing list)
Sub: Holidays including National Holidays and Restricted Holidays Master Circular.
Please find enclosed herewith a copy of updated Master Circular No. 47 on above subject in English and Hindi for information and guidance. In the event of any discrepancy between the English and Hindi Versions, the English version will Prevail.
(Nirmala U. Tirkey)
Dy. Director , Estt.(LR)II
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(1st updation , September, 2019)
New Delhi, dt.13.09.2019
The General Managers,
All Zonal Railways,
Production Units and others
Holidays including National Holidays and Restricted Holidays.
Ref: Board’s letter No.E(LR)III/90/HL1/5 dated 15.6.1992 (M.C.No 47/92).
The Ministry of Railways (Railway Board) have issued a consolidated Master Circular No. 47/92 vide Board’s letter dated 15.06.1992, which was based on instructions issued till that time.
Since then a number of instructions, on the subject of ‘Holidays’, have been issued. The question of consolidation of these existing orders/circulars into an updated Master Circular has been under consideration . It has now been decided to issue a Consolidated, revised and updated Master Circular on the subject for the information and guidance of all concerned.
2. “Holiday” Means
(a) a holiday prescribed or notified by or under section 25 of the Negotiable Instruments Act, 1881, and
(b) in relation to any particular office, a day on which such office is ordered to be closed by a competent authority for the transaction of Government business without reserve or qualification.
Note: During Restricted Holidays the office is not closed for transaction of business but they are treted as akin to other closed holidays and can be prefixed or suffixed to regular leave casual leave.
(Ref: Rule 103(23), Estt Code, Vol. I/Fifth Edition -1985- Third Reprint Edition of 2008 embodying all Correction Slips issued upto 127, dated 12.10.2015.
3. Classification of Staff for the purpose of holidays:
Due to the verified nature of their duties and responsibilities, the Railway Servants broadly fall the into the following three categories:-
(i) Railway Servants in administrative offices doing work of Secretariat nature – Popularly referred to as office staff;
This category includes all Railway Servants working in the Headquarters , Divisional Offices and other similar office establishments.
(ii) Workshop staff;
This category includes all Railway Servants working in Workshops governed under the Factories Act and other attached establishment 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 Viz. Running Staff, all Staff at Stations , Artisans, Supervisory and ministerial Staff working in Loco Sheds, C&W Depots, Offices of the PWIs, IOWs, BRIs, SIs etc.
3.1. Entitlement to Holidays
The entitlement to holidays for the aforementioned three categories of staff is as under:
|Closed Holidays||Restricted Holidays||Total|
|(a) Office Staff||16||2||18|
|(b) Workshop Staff||15 Paid Holidays||–||15|
|(c) Open Line Staff||12||–||12|
(Ref. Office Staff: Board’s letter No. E(L)59 HL1/17 dated 30.12.1959 & 7.1.1960. Workshop Staff: E 49 CPC/212 dated 27.12.1949. Open Line Staff: Board’s letter No.E(LR)III/86/HL1/4 dt. 28.12.1988 read with board’s Letter No.E(LR)III/93/HL1-2 dated 3.12.1996)
4. Holidays – Policy for declaration.
For the Office staff working in Delhi/New delhi. list of all the 16 closed holidays in a calendar year will be drawn and declared by the Department of Personnel & Training Ministry of Personnel, Public Grievances and Pensions Government of India.
4.1. In the case of Railways, 16 Holidays for the office Staff, 15 paid holidays in respect of the Workshop Staff and 12 paid holidays in respect of line staff are to be chosen in consultation with the organised labour. However, these holidays will be inclusive of the three National Holidays.
5. National Holidays :
The following 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 Birthday on the 2nd October.
These three National Holidays are Compulsory.
(Ref. Railway Board’s letter No.E/50/HL1/11 dt.1.12.1950 and E(LR)III/78/HL1/9 dated 30.10.1978).
6. Monetary Compensation in lieu of Attendance of National Holidays.
It may not be possible to relieve the Railway Servants, with some exception, falling in the category of open line staff, to avail of the National Holiday(s) e.g. Railway Servants engaged in the movement of trains, train-passing duties, maintenance of essential services, 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 compensation in lieu of attendance on National Holidays will also be payable in the following circumstances:
(a) when the day of rest and National Holiday fall on the same day, and
(b) when the running staff are on ‘waiting duty on a National Holiday’.
(c) The monetary compensation will also be applicable when the running staff are on ‘Light Duties’ on a ‘National Holiday’.
(d) The running staff who have completed their rest including periodic rest on a National Holiday and who are waiting to be booked for duty on that day will also be entitled to the National Holiday Allowance.
(e) The monetary compensation will be applicable when the relieving staff travel as passengers on the national Holidays to the headquarters after performing duties at out-stations. the compensation will also be applicable when the relieving staff travel as passengers from their Headquarters to take up duty and another station.
(Ref. Board’s letter No. E(P&A)I-98/HL/1 dated 22.12.1998 & Rules 1424 of IREC Vol.II)
6.2 Railway Servants performing duty on a National Holiday as on tours are not entitled to the monetary compensation.
6.3 The shift duty staff who work round- the-clock and might have performed part duty on the holiday in question can be paid the ‘National Holiday Allowance’ at the full prescribed rates.
(Ref. Board’s letter No. E(P&A)I-98/HL/1 dated 22.12.1998 & Rule 1424 of IREC Vol.II)
6.4. As the members of the ‘Railway Protection Force’ work round the clock and are not entitled to public holidays, they will be eligible for compensation for working on National Holidays.
Ref. Board’s letter No. E(P7A)I-98/HL/1 dated 22.12.1998 & Rule 1424 of IREC Vol.II).
6.5 Cash Compensation to RPF/RPSF Personnel for holidays /Closed days.
(a) In the exigencies of public service, RPF/RPSF Personnel are required to perform duty even on gazetted holidays/closed days/restricted holidays/National Holidays/weekly rest days/other holidays. Every effort should be made to grant compensatory holiday/rest in lieu of the holiday/rest foregone by the staff during the same week or within the next 30 days. it is only in emergent situation that weekly rest or compensatory rest/holiday for working on rest days or on gazetted holiday should be denied and the reasons therefor should be recorded by permission to staff for leaving station rest days should invariably be granted, if asked for. The Security Officer /Assistant Security Officer /Assistant Security officer will Personally ensure this and issue suitable instructions to the Company Commanders /Post In-Charge.
(b) The cash compensation is payable for each day the personnel actually work on holidays for which it is not possible to grant compensatory off as per sub-rule(a) above.
Note: The total amount of cash compensation in a Calendar year will not exceed one month’s salary comprising basic pay, Special pay (if any) and dearness allowance.
(c) RPF/RPSF Personnel will not be entitled to National Holiday Allowance in addition, for performing duty on a National Holiday.
(d) The term ‘Holiday’ includes all the 16 Public/gazetted holidays/Restricted Holidays, weekly rest days (whether Sunday and And other day), 2nd Saturdays and 9 National Holidays. Only those employees whose Level does not exceed Level 8 in the Pay Matrix (Railway Services (Revised Pay) Rules, 2016) are eligible for this allowance.
Ref: Rule 1425 of IREC Vol.II
6.6. Payment of Monetary compensation is admissible only to the non-gazetted Railway Servants, who do not enjoy Public Holidays though entitled and are booked to attend to duties on the National Holidays. Only those employees whose Level does not exceed Level 8 in the Pay Matrix ( Railway Services (Revised Pay) Rules, 2016) are eligible for this allowance.
(Ref. Board’s letter No.E(P&A)I-2017/HL/1 dated 30.08.2017.
6.7 Office staff that 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 compensation 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 dated 29.09.1973).
6.9 National Holiday Allowance should be paid to the staff booked on line duty on National Holiday irrespective of the fact whether such staff draws TA/DA or not.
(Ref: Board’s letter No. E(P&A)I-96/JCM/DC-4 dated 11.07.1996.
6.10 National Holiday Allowance be made applicable for 50% of the gangs in turn rather than giving compensatory rest in lieu of National Holiday Allowance.
(Ref: Board’s letter No. E(P&A)I-96/FE-2/3 dated 10.09.1996.
6.11 (i) The Rule/provisions are not applicable to gazetted officers.
(ii) The cash compensation is payable even when an employee is on rest. It is not necessary that his rest should be abrogated to be eligible for the cash compensation.
(iii) The cash compensation is meant only for those who do not enjoy public holiday and are also required to work on teh National Holidays.
(iv)Office staff who are eligible for public holiday would not be entitled to additional payment merely because of their attendance on a National Holiday.
(Ref: Board’s letter No. E(P&A)I-98/HL/1 dated 22.12.1998 & Rule 1424 of IREC Vol.II).
6.12 Line staff, who cannot be allowed to avail of the holidays, due to compulsions of works, will be eligible for monetary compensation in lieu thereof, as in the case of attendance on National Holiday.
(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).
7. Restricted Holidays:
Two Restricted Holidays (RH) in a Calendar year are admissible to Railway Servants in Administrative officers engaged on work of a Secretariat nature. For this purpose, a list of RH should be drawn up by each Railway Administrative with due regard to the festivals of local importance and festivals sacred to the minority communities and taking into account the demand from the staff for inclusion of any particular day as a RH 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 7.1.1960 and E(L)67 HLi/11 dated 21.8.1967 & E(L)59 HLI/17 dated 2.2.1961).
7.1 Each Railway servant belonging to the category mentioned in para 7 above is eligible to avail himself/herself of any two holidays in a year to be chosen by him/her out of the list of RH prepared. Normally, while a Railway servant shall be permitted to avail of the two RH in a Year, it is not obligatory that he/ she should invariably be given two RH in a year, if in the exigencies of service, it is not possible to let him/her avail the RH, 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 7.1.60 and E(L)64 HLI/12 dated 17.9.1965).
8. Holidays on Special Occasions – (i) Death of High Dignitaries 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 on which death occurs:|
|(ii) All Offices of the Central Govt. will be closed throughout the country on the day of the funeral; and|
|(iii) Railway workshops at the place where the funeral takes place will be closed on the day of the funeral|
|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) Prime Minister||All offices of the Central Govt. will be closed throughout the country on the day on which death occurs and also on the day of the funeral|
(Ref: Board’s letter No.E(LR)III/90/HL1-5 dated 08.1.1998)
8.1 Holidays declared in the event of the demise of high dignitaries under the Negotiable Instruments Act are not applicable to Railway Industrial Establishments unless otherwise indicated specifically.
(Ref: Board’s letter No.E(LR)III/91/HLi-2 dt. 26.7.1991)
8.2 The other relevant instructions are detailed below:
(i) On receipt of the intimation of the death of the President of 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 arrange for closure of their offices as soon as intimation is received from the Ministry of Home Affairs or over the AIR, whichever is earlier.
(ii) If intimation of the death of the 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.
(iii) If intimation of the death of the President or Prime Minister received during office hours late in the afternoon, offices will be closed for rest of the day but if it is not 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 is otherwise a working day.
(iv) In the event of death of the President or Prime Minister, Offices an industrial establishments of the Governments/Administrations of Union Territories will follow the above instructions. These offices need not be closed in the event of the death of any other Central dignitary.
(v) 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 29.5.1972)
8.3 Holidays declared on special occasions viz. death of High Dignitary birth Centenary of National leaders etc., may be prefixed or suffixed to regard leave. Such holidays can also be combined with casual leave and if fall with in a spell of casual leave, the same will not count as casual leave.
(Ref. Board’s letter No.E(L)66 HLI/9 dt. 19.9.1966).
9. Payment of wages/overtime women an office/workshop is closed on the death of a high dignitary.
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 month should be paid wages for the day or for part of the day on which the office is closed .
9.1 when an office is closed on the death of dignitary, Railway servants employed their in who are placed on duty to attend to immediate work should be compensated under the relevant rules or orders, as if they have been placed on overtime on a closed holiday.
9.2 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 and overtime if any to the employees of the workshop for that day regulated accordingly.
9.3 No compensation is payable to the Line Staff who are duty on such a day.
(Ref. Board’s letter No.E(LU) 72 HCI/7 dated 4.9.1973)
10. The system of “Unpaid Holidays’. where ever existing in Zonal Railway Workshops has been withdrawn with immediate effect.
(Ref: Board’s letter No.E(G)2016/EMI-22 dated 29.07.2019).
11. On the occasion of General Elections/Bye Elections to Parliament /State Assemblies and other elections to Local Bodies.
In connection with General 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 in day(s) other than a Sunday or other closed holiday(s). When such a holiday is declared, the Central Govt. Offices located in such places should also be closed on the polling day(s) in accordance with the practice adopted by the State Government.
11.1. In some cases, it may happen that a railway servant residing and enrolled as a voter in a particular constituency may be employed in an office 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 on that particular day.
11.2. On the occasion of bye-election to Lok Sabha, normally the State Government declares a local 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 particular area/constituency may also be close on the day of polling, following the Practice of the State Government. Special Casual Leave may be granted to individual Railway Servants, as Mentioned in para 8.2 above if the situation is similar.
11.3. In bye-Elections to State Assemblies, Central Govt . Offices in the State concerned should not be closed. Only those Railway 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 exercise their franchise either being allowed to come late or leave office early or short absence during the course of the day subject to exigencies of service.
11.4. During elections to Panchayat/ Corporation 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 19.10.64 and E(G)86 EL1/1 dated 21.4.1987).
12. Entitlement of Casual Labour:
Casual labour engaged on daily rate of pay are entitled to 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 following day happens to fall on the periodic day of respect they should be in service on the next working day. the national holiday sholud as paid holidays.
(Ref: Board’s letter No.E(L)62 HLi/3 dt. 17.1.1964).
12.1. if the periodic rest day(s) of any of the casual labour fall on National Holidays, they are entitled to additional holidays in lieu of the National Holidays. where such 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 the three National holidays are entitled to 9 holidays in a calendar year (inclusive of three national Holidays) with effect from 1.1.80
(Ref: Board’s letter No.E(LR)III 78 HLI/4 dated 22.5.1979 and 23.2.1980)
12.3. Casual labour engaged 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 their on, on completion of 180 days of continuous service, are entitled to 9 holidays in a calendar year (inclusive of three National Holidays) on par with the open line casual labour.
(Ref: Board’s letter No.E(NG)II/82/LG-5/4 dated 6.6.1983).
13. Effect of combination 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 definition of the term holiday (ref. para 2) it will be treated as a Public Holiday, whenever it is availed, for purposes of combination with other holidays and for being affixed and /or suffixed to regular leave as well as casual leave. If Restricted holiday will not count as casual leave.
(Ref: Board’s letter No.PC.60 LE7/1 dated 24.8.1960)
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 instructions contained in the original circulars referred to have only prospective effect, unless indicated otherwise;
If any circular having a bearing on the subject, which has not been superseded, has been lost sight of in the preparation of the master circular, the said circular which has been missed through oversight, should not be ignored but should be treated as valid and operative.
15. The letters relied upon for the preparation of the master circular have been indicated in the enclosure.
Deputy Director, Estt (LR)II,