NI Act Holiday: Can Schools Ignore It?
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April 7, 2012 at 1:47 am #67333Anonymous
Our school does not give NI act holiday on Guru Nanak’s Birthday 28th nov 2012 . 1 ] Can they disobey NI act Holiday and modify as they want?
2] Secondly can school get holiday if there is no purpose but in excuse of holiday with in 65 ?September 13, 2012 at 2:39 pm #74118Anonymous
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.October 23, 2012 at 4:58 pm #74941AnonymousQuote:In reference to the statement by mihiracharya » Thu Sep 13, 2012 8:09 pm
‘That means the holidays of N.I.Act is/are the extra holidays of 65 days holidays’.
I would like to state that holidays under N.I act in case of schools are included within those 65 days. Otherwise 15th Aug, 26th Dec etc. all these would have been kept outside 65 days in the list of WBBSE.
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.
If all holidays declared under N.I.act are to be kept out of the list of 65 days the holiday list will be a long one then! No option of extra holidays.
tirthankar.October 24, 2012 at 7:54 am #74945AnonymousQuote:“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-Quote: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“October 25, 2012 at 4:12 pm #74958Anonymous
Dear Mr. Acharya and Mr. Banerjee,
Pls let me take part in this discussion.
The holidays declared under the Negotiable Instruments Act, 1881 (Central Act XXVI of 1881) read with Notification of the Government of India, Ministry of Home Affairs, No.20-25-26 are EXTRA holidays i.e. these are the holidays declared on some special occasions IN ADDITION TO the normal Public Holidays approved by the Competent Authority beforehand.
The 26th January, the 15th Aug. and the 2nd Oct. – all these National Holidays come under N.I. Act.The days of polls are also declared as Public Holidays under N.I. Act for the offices located in the districts / part of the districts and the Assembly/Parliamentary Constituencies.
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.
With regards.October 25, 2012 at 5:53 pm #74962AnonymousQuote:Dr Majumdar wrote
The 26th January, the 15th Aug. and the 2nd Oct. – all these National Holidays come under N.I. Act.Quote: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.
Tirthankar.October 26, 2012 at 4:57 am #74979Anonymous
With addition to Mr. Tirthankar, teachers as well as the students have to attend the school(as a duty to nation, not because of written order but practically it is a compulsion) so schools get actual holidays 65-2(15th Aug &26 Jan)=63. Am I correct?October 26, 2012 at 8:34 am #74964Anonymous
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.October 26, 2012 at 12:23 pm #74968Anonymous
Dear Mr. Banerjee,
Let me make a correction in my previous post which may now be read as ”
TheFew holidays declared under the Negotiable Instruments Act, 1881………are EXTRA holidays…..”. I feel sorry to say that such unintentional mistake has created some confusion.
Anyway, all the Public Holidays including the 26th January, the 15th Aug., the 2nd Oct., the 25th Dec. etc. are declared under N.I. Act and approved by the Competent Authority before commencement of the concerned year. Sundays are also Public Holidays under N.I. Act. For some offices, Saturdays are also holidays under N.I. Act.
Few particular days, which are not otherwise Public Holidays, are sometimes declared as Public Holidays under N.I. Act in excess of the scheduled holidays on some special occasions, by the short notice of the Govt. in the currency of a year. For example, Swamiji’s Birthday on the 12th January, R.N. Tagore’s Birthday on the 8th May, Polling Days in the concerned Constituencies etc. These are the extra holidays enjoyed by the govt./semi-govt. employees. As far as I know the holiday list varies between the schools.
Whether all these Special Holidays are always included in the list of 65 holidays although they are not Public Holidays approved by the Govt. beforehand!
However, I could not catch up with your views as reflected in your post dated 23rd Oct., which goes as “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.
If all holidays declared under N.I.act are to be kept out of the list of 65 days the holiday list will be a long one then! No option of extra holidays.“
My questions are:-
What is the benefit you are talking about if it’s not an extra holiday?
Why is there no option for admissibility of extra holidays declared by the govt. under N.I. Act at a later stage?
What was the decision of the schools on the 12th January,2012 and the 8th May,2012 which were declared by the State Govt. as Public Holidays this year under N.I. Act?
How do the schools react to the polling days which are declared holidays under N.I. Act? Whether the schools located in the Constituencies, where poll is held, remain open if no polling booth is established in school campus!
With regards.October 27, 2012 at 3:25 pm #74987Anonymous
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.October 28, 2012 at 5:07 am #74993Anonymous
Requirement of putting signature in Attendance Register is itself indicative of treatment of the very date as a bonafide working day (i.e. not a holiday) when the employees are on duty in the office/ workplace. Therefore, the teaching and non-teaching employees are required to put signatures in the Attendance Register ONLY WHEN the 26th Jan., the 15th Aug. & the 2nd Oct., which are otherwise declared as the National Holidays under N.I. Act, are not included in the list of approved holidays (65 nos.) in the schools, that is to say these days are considered as normal working days in those schools. These schools exchange these three days with three other days which are declared as holidays in the approved holiday list of the schools to maintain the constancy of 65 holidays. Whenever these three National Holidays are considered as holidays in the approved list of a school the teachers and non-teaching staffs do not put signatures in the Attendance Register. Because of reduction of number of holidays from 80 to 65 such type of tedious exercises (permutations & combinations) have become necessary, causing hardship mainly to the HMs and, making the entire system confusing/ apparently contradictory.October 28, 2012 at 2:30 pm #75005Anonymous
Dear Mr. Majumdar
The schools keep these days within the 65 days of holiday list but put their signature in the attendance register.
Can any school keep these days(holidays under NI Act) open and adjust these holidays with other days of their convenience? With thanks.October 28, 2012 at 7:29 pm #75008Anonymous
Dear Mr. Bhunia,
I know a school in Hooghly District, which sometimes keeps these three National Holidays outside the approved list of 65 holidays. The school remains open and teachers and non-teaching staffs put their signatures in the Attendance Registrar in these days as they do in normal working days. But no regular classes are held. In lieu of these three working days, the school grants three holidays either to adjust with normal summer vacation/ Puja vacation or on account of “Chhat Puja“, or in conjunction with the 25th Dec. in the end of year, thereby maintaing 65 days approved holidays.
Again I know many schools which observe these days as National Holidays when teachers & staffs do not sign the Registers for attendance and, schools remain closed.
Holiday list is prepared by the HM in consultation with all other teachers as per convenience and, finally approved by MC. So, there is a scope to exchange any standard holiday(s), which is declared by the Govt. under N.I. Act, with some other day(s) for the benefit of all the teachers, staffs and students. I know that this is a common practice in aided schools. HM has the liberty to adjust holidays in consideration of the interest of all. But, I don’t know whether or not the HM or MC has any authority to exclude the National Holidays from the standard holiday list.
Disparity in the holiday list in schools is perhaps attributable to the system which permits the schools to prepare & finalise the lists as per their convenience & choice. As many schools so many lists and hence, so much diversities!
Let other members especially the teachers and HMs express their views.
Thank you.October 29, 2012 at 4:41 am #75013Anonymous
It does not require much discussion or cause much controversies.
The total number of holidays in an educational calender year is 65. The NI Act holidays are ‘Special Holidays’ outside this number ( 65 ).
Now, the question is ‘Can a school authority ignore it ?’, i.e. Can they run the normal class-hour activities of the school on such a particular day ?
The answer is ‘Yes’; they can, if they float above the level of normal understanding. And the answer is ‘No’, if they are Indians and obey the national urge tinkling in their veins.
Now, to turn to administration, some schools arrange to observe those ‘special’ days with cultural programmes. In those cases attendance of teachers are needed. And. teachers should attend the school and the young learners,i.e. students ( who follow them ), rather than attending Fort William or Red Road celebrations, as far as I feel. But,the Headmaster or the managing committee would not force a teacher to attend the school on those days ( may only request to do so ) and teachers will not sign in the attendance register and no ‘absent’ would be marked.
To add to this, the 23rd of January should be included in the NI Act list as our State Govt have done this.October 29, 2012 at 4:52 am #75014Anonymousmihiracharya wrote:“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.”BhaskarChakrabarty wrote:The total number of holidays in an educational calender year is 65. The NI Act holidays are ‘Special Holidays’ outside this number ( 65 ).
The term “Holiday” is defined by the Govt. of WB in the following Notification:
No. 3857F., dated 15th August 1971.
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor is pleased to make the following rules:
[align=center]CHAPTER I—EXTENT OF APPLICATION
(a) a holiday prescribed or notified by or under Section 25 of the Negotiable Instruments Act, 1881 as amended by Act No. XXXVII of 1955, and
(b) in relation to any particular office, a day on which such office is ordered to be closed, by notification of Government or of the High Court, as the case may be, in the “Calcutta Gazette”, for the transaction of public business without reserve or qualification.
Insofar as the matter relates to the common holidays under N.I. Act, the aided/sponsored schools seem to have different provisions where all the scheduled Public Holidays under N.I. Act are treated as “Special Holidays”! If so, they are not probably under obligation to avail of Public Holidays including 26th January, 15th Aug. & 2nd Oct. to avoid crossing the limit of 65 holidays.
May I request the members to upload the letter dated 11.07.1980, written by A. Gupta, Ex- Secy., WBBSE in regard to N.I. Act holidays in aided schools.
What are the holidays generally included in the list of 65 days in aided schools if all the Public Holidays are excluded from the list by treating them as “Special Holidays”?BhaskarChakrabarty wrote:Now, the question is ‘Can a school authority ignore it ?’, i.e. Can they run the normal class-hour activities of the school on such a particular day ?
The answer is ‘Yes’; they can, if they float above the level of normal understanding. And the answer is ‘No’, if they are Indians and obey the national urge tinkling in their veins.
That’s why, I think, holiday system in aided schools is sometimes very confusing as it is subject to the discretion of HMs and MCs.
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