Bank holidays
yashpal
(Querist) 09 November 2013
This query is : Resolved
please inform under which act's which section /statue / powers bank holidays are declared by state government, if possible pl quote the text of that section.
Kumar Doab
(Expert) 09 November 2013
Sec:25,Negotiable Instruments Act 1881
Sudhir Kumar, Advocate
(Expert) 10 November 2013
agreeing with Mr Doab I will add that this holiday is not announced by state govt.
V R SHROFF
(Expert) 10 November 2013
agreeing with above experts
R.K Nanda
(Expert) 10 November 2013
nothing more to add.
yashpal
(Querist) 10 November 2013
agreeing with Mr Doab I will add that this holiday is not announced by state govt-Sudhir Kumar
But why there are difference in number of working days in various states due to difference in number of holidays in respective state.
Rajendra K Goyal
(Expert) 10 November 2013
Few lines taken from net:
In terms of Section 25 of the Negotiable Instruments Act, 1881, the expression "public holiday" includes Sunday and any other day declared by the Central Government by notification in the Official Gazette to be a public holiday. However, this power has been delegated by the Central Government to State Governments vide the Government of India, Ministry of Home Affairs' Notification No. 20-25-56-Pub-I dated 8 June, 1957. While delegating the power to declare public holidays within concerned States under Section 25 of the Negotiable Instruments Act, 1881, the Central Government has stipulated that the delegation is subject to the condition that the Central Government may itself exercise the said function, should it deem fit to do so. This implies that when Central Government itself has notified a day as "public holiday" under Section 25 of the Negotiable Instruments Act, 1881, there is no need for banks to wait for the State Government notification.
yashpal
(Querist) 10 November 2013
But are state government or central govt itself empowered to declare different number of holidays for different states resulting in difference of number of working days for each states e.g. delhi 310, whereas in UP it may be 300 days, how? why?
Rajendra K Goyal
(Expert) 10 November 2013
Yes, as per powers delegated to States by Center.
yashpal
(Querist) 10 November 2013
Is it not against natural justice that under the same service conditions employees of same organisation but in different state have to work for more days than their counter parts in other states
Rajendra K Goyal
(Expert) 10 November 2013
No, it is as per law in force till decided illegal by proper authority.
yashpal
(Querist) 11 November 2013
"No, it is as per law in force till decided illegal by proper authority:
Is it lawful if any law discriminate among employees of same organization being governed by a single 'Act' under same service rules.
As given above Sec 25 does not gives powers to state to declare different number of days, as per my opinion states can mark a particular festival as holiday in its state but it is not justify if states declare different number of holidays resulting in different number of working days, number of working days should be same across the country.
malipeddi jaggarao
(Expert) 12 November 2013
What exactly your problem? Powers are delegated to State Governments to declare the holidays under NI ACT as there is a difference of importance to a particular festival in a particular state. In which way this delegation effected you? Do not bother yourself on trivial issues.
Rajendra K Goyal
(Expert) 12 November 2013
A lawful act performed within the delegated powers is not discriminating legally till decided so by competent authority. State Govt. enjoys this right due to powers delegated to it. There are large no. of acts which are enacted by the states and are different in provisions. You have to pay different Stamp duty for purchasing immovable property of same value in different States. VAT rates are different while commodity is same. The list may be endless.
Sudhir Kumar, Advocate
(Expert) 12 November 2013
you may prefer RTI on the entire correspondence and noting leading to such holidays which are discriminatory.
Raj Kumar Makkad
(Expert) 13 November 2013
This minor issue has been discussed more than desired by experts so better to end this discussion.
