There is always a confusion when Public Holidays are declared under Negoatiable Instruments Act (NIA)
Please note even all holidays for 2021 declared are under NIA.
Why we wait is for the confirmation of dates of holidays.
For all us working are governed by TN NFH act/ Rules 4 NH and 5 festival Holidays.( Varies from State to State), Festival holidays can be more than the act/Rule. Some company have 4NH +6FH.
Here is brief explanation of NIA:
The Negotiable Instruments Act, 1881, primarily deals with Promissory Notes, Bills of Exchange and Cheques. The Act by itself has nothing to do with holidays or declaration of holidays but it is to be done by official announcement by the government.. As per section 25 of the Act, if the due date of maturity of any negotiable instrument falls on a holiday the same has to be extended to the next working day.
Whereas some financial institutions (which deal with such negotiable instruments like Banks) work on sundays it becomes essential to declare well in advance which are the holidays on which the financial institutions will remain closed (and accordingly the due date of instruments will be extended).Therefore, declaration of holidays has to be looked in conjunction with section 25 of the NI Act. Hence the declaration of holidays is made by the appropreate government in excercise of power conferred by the explanation to section 25 of the Negotiable Instruments Act. In fact, holidays declared under the NI Act is meant for financial institutions and not for factories and other establishments.
The declaration of a holiday by the government under the Negotiable Instruments Act of 1881 will not be applicable to private companies falling under the Factories Act of 1948 and therefore, workers will not be entitled to wages if they fail to turn up for work on those days, the Madras High Court has ruled.
The Management of Bimetal Bearings Limited Housr v/s Presding Officer, Labour Court, Salem and Others. W.P.No. 1085 of 2018 & WMP.No. 1310 of 2018, Decided On, 04 October 2019 At, High Court of Judicature at Madras By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM
Brief of TN National and Festival Holidays Act/Rules- ( Please refer for details under respective State Act/Rules)
3. Grant of [National, festival and special holidays]. -
(1) Every employee shall be allowed in each calendar year a holiday of one whole day on the [26th January, the 1st May, the 15th August and the 2nd October] and five other holidays each of one whole day for such festivals as the Inspector may, in consultation with the employer and the employees, specify in respect of any industrial establishment.
[(2) Notwithstanding anything contained in sub-section (1), the Government may, having due regard to any emergency or special circumstances prevailing in the State or any part thereof, by notification, declare any other day as a special holiday, to the employees of the industrial establishments, as it may deem fit.
Hope the above explantation are self Explanatory.
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