Holiday Declared in UP: Does It Affect Private Sector and Factory Workers Too?

Dear experts,

The UP Government has declared a holiday on 22nd January 2024 under the Negotiable Instrument Act of 1881 due to Pran Pratishtha at Ayodhya Ram Janam Bhumi. Kindly clarify whether it would also apply to private sector offices under the Shop & Establishment Act as well as factories under the Factories Act.

Regards,

In our opinion, it would not apply to the private sector offices under the Shop & Establishment Act as well as factories under the Factories Act.

R N KHOLA

NI Act and Banking Transactions

The NI Act is for banking transactions. Earlier, most offices used to be shut when banks were closed.

Current Practices

Now, that is not the case. Companies make their own list and decide on it. Only in special cases, where the government explicitly orders offices to be shut (e.g., Election Day), it is compulsory.

Holiday Declaration Under the Negotiable Instruments Act

Holiday declared under the Negotiable Instruments Act applies only to government departments, banks, insurance, and other financial undertakings.

Applicability to Private Establishments

To be made applicable to shops, commercial establishments, factories, plantations, etc., the holiday should be declared by separate notification by the Labour Commissioner. This is because private establishments other than banks follow the state Act governing the holidays, such as the Uttar Pradesh Industrial Establishments (National Holidays) Act, 1961.