NI Act Holiday: Can Schools Ignore It?

1) There was arisen the same question from the Headmaster, Talpur Pathsala ,P.O.- Talpur, Dt. Hooghly, on his letter no. 30/80 dated 22.04.80.
In reply dated 11.07.80 in behalf of WBBSE, the secretary, A. Gupta clarified that “Holidays declared by the Govt. of West Bengal and by the Govt. of India the N.I.Act or by any competent authority may be regarded as ‘Special Holidays’ in addition to the approved holidays in a year.”
That means the holidays of N.I.Act is/are the extra holidays of 65 days holidays.
2) There is no circular. A list is published by the board.That may be taken as Model. The list of the holidays is made by the H.M with the consult of the M.C. The School Authority may allow HOLIDAYS on local demand (festivals). Thank you.

“Holidays declared by the Govt. of West Bengal and by the Govt. of India the N.I.Act or by any competent authority may be regarded as ‘Special Holidays’ in addition to the approved holidays in a year.”

You have written-

But in practice what we do is that, after approval of holiday list from M.C., if any other day due to some reason is declared holiday under N.I. act later, not declared during preparation of holiday list earlier, we enjoy the benefit.

Please take it as “SPECIAL HOLIDAYS”, not “EXTRA”

Dr Majumdar wrote
The 26th January, the 15th Aug. and the 2nd Oct. – all these National Holidays come under N.I. Act.

Therefore, not only the school teachers avail of such benefits of extra holidays but also all the govt./ semi-govt. employees get the advantage of such additional holidays of N.I.Act.

In case of schools like our’s we include these holidays within 65 days as fixed by WBBSE. Then, where is the scope of extra holidays. I couldn’t understand the clause. Please explain.
With regards
Tirthankar.

Dear friend,
I think there is no relation with NI Act and Leave as the Preamble & Short Title of The Negotiable Instruments Act, 1881 states as follows: –

Preamble: – WHEREAS it is expedient to define and amend the law relating to, promissory notes, bills of exchange and cheques;
Short Title: – This Act may be called the Negotiable Instruments Act, 1881 . Local extent. Saving of usages relating to hundis, etc. It extends to the whole of India but nothing herein contained affects the’ Indian Paper Currency Act, 1871 , (3 of 1871 ). section 21, or. affects any local usage relating to any instrument in an oriental language: Provided that such usages may be excluded by any words in the body of the instrument which indicate an intention that the legal relations of the parties thereto shall be governed by this Act and it shall come into force on the first day of March, 1882.
After a vivid search I found only that the word “Leave” present only once in the text of the Act and that is in Sec 4. which shows the defination of Promissory note, lets see what it says: –

“Promissory note”. A” promissory note” is an instrument in writing (not being a bank note or a currency note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument. Illustrations A signs instruments in the following terms: –
(a) “I promise to pay B or order Rs. 500.”
(b) “I acknowledge myself to be indebted to B in Rs. 1, 000 to be paid on demand, for value received.”
(c) “Mr. B, O U Rs. 1, 000.”
(d) “I promise to pay B Rs. 500 and all other sums which shall be due to him.”
(e) “I promise to pay B Rs. 500, first deducting thereout any money which he may owe me.”
(f) “I promise to pay B Rs. 500 seven days after my marriage with C.”
(g) “I promise to pay B Rs. 500 on D’ s death, provided D leaves me enough to pay that sum.”
(h) “I promise to pay B Rs. 500 and to deliver to him my black horse on 1st January next.”
The instruments respectively marked (a) and (b) are promissory notes. The instruments respectively marked (c), (d), (e), (f), (g) and (h) are not promissory notes.
Again whie searching the word “Holiday” I found Section 25, Section 63, Section 83 & Section 105 contains the term, Lets see what it says: –
Sec 25. When day of maturity is a holdiay. When the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding business day.
Explanation.- The expression” public holiday” includes Sundays: and any other day declared by the Central Government, by notification in the Official Gazette, to be a public holiday.
Which is precisely the reason why the declaration has to be made eiher by the Central or State Govt.
Sec 63. Drawee’ s time for deliberation. The holder must, if so required by the drawee of a bill of exchange presented to him for acceptance, allow the drawee forty- eight hours (exclusive of public holidays) to consider whether he will accept it.
Sec 83. Discharge by allowing drawee more than forty-eight hours to accept. If the holder of a bill of exchange allows the drawee more than forty-eight hours, exclusive of public holidays, to consider whether he will accept the same, all previous parties not consenting to such allowance are thereby discharged from liability to such holder. When cheque not duly presented and drawer damaged thereby.
Sec 105. Reasonable time. In determining what is a reasonable time for presentment for acceptance or payment, for giving notice of dishonour and for noting, regard shall be had to the nature of the instrument and the usual course of dealing with respect to similar instruments; and, in calculating such time, public holidays shall be excluded.
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.

Dear Members, I would like to ask another question in relation to holiday under NI Act. We, the school teachers along with students also observe the days -Republic day, Independence day etc. which are public holidays under NI Act. Is it right to sign in the attendance register by the attended staff on that particular days?
What is the actual rule in this case because I know few schools where their staff put their signature and other schools where their staff dont put their signature in the attendance register .
But in both type of schools, these observation days are kept within the 65 holidays. With thanks.