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What if an organization covered under the Shops and Establishment Act ignores a holiday declared under the Negotiable Instrument Act and opens the office? Who is finally held responsible on the ground of penalizing as the face of the company for the same cause - management or the Human Resource team?
From India, Lucknow
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On what grounds are organizations covered under the Shops and Establishment Acts allowed to open offices on holidays declared under the Negotiable Instrument Act in the state? What are all the valid reasons that can be considered?
From India, Lucknow
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UP Govt. has declared a public holiday on 23rd Aug due to the sad demise of Mr. Kalyan Singh. Is it applicable to all Govt. and Pvt. offices, or can we open our office? If we open our office, what are the consequences? Are we liable for any penalties or something?
From India, New Delhi
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KK!HR
1593

The functioning of industrial establishments is not governed by the Negotiable Instruments Act, 1881. If a particular day is declared as a holiday as per the NI Act, it only means that the financial liability due on that date as per the Act is duly discharged if it is fulfilled the next day. In this case, for instance, if any payment is due on 23rd August 2021 but is discharged on 24th August 2021, no additional liability is caused by the delay in payment.
From India, Mumbai
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Dear KKHR,

You did not understand my query. It was about a scenario where a holiday is declared under the NI Act, but the company still opens the office, disobeying the same.

I have the following questions:

- What grounds are admissible?
- What penalties are there?
- Who is held responsible to bear those penalties? Is it the management for being ignorant or the local RHR for not making the seriousness of not obeying the law under the NI Act aware?

Thank you.

From India, Lucknow
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