Are National holidays mandatory for private institutions

Hello,

We are a private coaching institute in Pune. Is it mandatory for us to give national holidays - republic day, independence day, Gandhi jayanti and Maharashtra day to our employees?

Hi Priti

I believe you are from Maharashtra. If your institution have 10 or more employees then you will come under the Shops & Commercial Establsihment act & need to follow the leaves as per Maharashtra Shops Act.

It is very clear that establishments shall have to provide 4 National Holidays such as Republic Day, Independence Day, May 1st & Gandhi Jayanthi, apart from those 4, you need to provide 4 festival holidays

Hi Priti,
It is mandatory to provide National Holidays by any Private organization, but the other festival holidays will be the management prerogative,it not only in Maharashtra but applicable for whole of the country.
Hope I have made your point clear.
Regards

Please follow the Shops & Commercial Establishment act ,Maharashtra and National holidays such as Republic Day, Independence Day, and Gandhi Jayanti is generally encouraged in India as a mark of respect for the nation's historical events and leaders. However, whether private organizations are legally obligated to provide these holidays to their employees can vary depending on local laws, state regulations, and company policies.

like for Maharashtra Day, which is celebrated on May 1st, it is often considered a mandatory holiday in Maharashtra due to its significance in the state. Maharashtra Day is celebrated on May 1st every year to commemorate the creation of the state of Maharashtra after the Bombay Reorganization Act of 1960 was enacted. The law came into effect on May 1st, 1960, and thus this day is significant in the history of the state.

The Holidays' Acts (Industrial Establishments National and Festival Holidays Act etc) are state enactments. As such it may change according to states. In some states, the Holidays is declared as per their Shops and Commercial Establishments Act. The applicability of the section/ chapter pertaining to holidays will, however, be restricted to establishments employing certain number of employees. As suggested by Jeevaratnam, it can be 10 employees. In some states, it will apply to factories and mines without reference to the number of employees but will apply to shops and commercial establishments if the establishment has required number of employees. If it is applicable to an establishment, both the national holidays and festival holidays will be applicable to it. I differ the observation of Dr Raghunath that festival holidays are management prerogative. No, if the Holidays Act or provision relating to the holidays is applicable to an establishment, both national holidays and festival holidays should be given to the employees. Only thing is that since national holidays are listed by holidays, say 26th January (Republic day), 1st May (International Labour day or May Day or as Dipti said Maharashtra state formation day), 15th August (Independence day) and 2nd October (Gandhi Jayanti), any of these days coming on a weekly off day need not be compensated by another holiday. BUT the festival holidays (it depends upon the state law) are declared by the employer after consulting with the employees every year. Obviously, no festival holiday coming on a weekly off would be taken for that year.

The thread was about holidays for a tuition centre in Maharashtra. I thing Jeevaratnam has given the answer for that.

Hello Priti,
If your Institute is not Registered under any act, legally no one can force you to do so.
Being an Indian, your coaching institute should observe the the National Holidays(Republic day, Independence day, Gandhi jayanti and Maharashtra day) in your institution among your employees and students for hour & disperse.

Yes, providing national holidays like Republic Day, Independence Day, Gandhi Jayanti, and Maharashtra Day to employees is generally mandatory in India.