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Public Holidays Ordinance

LAWS OF THE GILBERT ISLANDS
REVISED EDITION 1977

CHAPTER 81

PUBLIC HOLIDAYS

ARRANGEMENT OF SECTIONS

Section
1. Short title
2. Certain days to be public holidays
3. Bills due on a public holiday to be payable on next day following
4. Notice of dishonour, presentment or acceptance on day next following
5. Payments due on public holidays
6. Alteration of days appointed to be public holidays
7. Right to open public offices on holidays
8. Restriction of compulsory work on public holidays

SCHEDULE
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An ordinance to make provision for public holidays

Commencements: 5th may 1937

5 of 1937
(Cap 28 of 1952)
10 of 1956
8 of 1968
9 of 1971
(Cap 14 of 1973)
L.N. 16/74
13 of 1976

Short title

1. This Ordinance may be cited as the Public Holidays Ordinance.

Certain days to be holidays

2. (1) The several days mentioned in the Schedule, hereinafter called "public holidays", shall be kept as holidays in all public Offices in the Gilbert Islands: Schedule

Provided that if any public holiday falls on a Saturday or a Sunday, the Monday next following shall be a public holiday unless otherwise ordered by the Minister by notice.

(2) Notwithstanding anything contained in subsection (1) when the anniversary of the birthday of the Heir to the Throne falls on any day of the week other than Monday such day shall not be a public holiday but either the preceding or the following Monday, as the Minister shall appoint, shall be a public holiday in lieu thereof.

(3) When the 26th day of December falls on a Sunday the Monday and Tuesday next following shall be public holidays and when it falls on a Monday the Tuesday next following shall be a public holiday.

Bills due on a public holiday to be payable on day next following

3. (1) All bills of exchange and promissory notes which are due and payable on any such public holiday shall be payable and, in case of non-payment may be noted and protested, on the day next following such public holiday, and any such noting and protest shall be as valid as if made on the day on which the bill or note was made due and payable.

(2) For all purposes of this Ordinance the day next following a public holiday shall mean the next following day on which a bill of exchange may lawfully be noted or protested.

Notice of dishonour, presentment or acceptance on day next following

4. When a day on which any notice of dishonour of an unpaid bill of exchange or promissory note shall be given, or a bill of exchange or promissory note should be presented or received for acceptance or accepted or forwarded to any referee or referees, is a public holiday, such notice of dishonour shall be given and such bill of exchange or promissory note shall be presented, received, accepted or forwarded on the day next following such public holiday.

Payments due on public holidays

5. No person shall be compellable to make any payment or do due any act upon a public holiday which he would not be compellable to make or do on a Sunday; and the obligation to make such payment or do such act shall apply to the day next following such public holiday, and the making of such payment or doing of such act on such day, next following shall be equivalent to payment of the money or performance of the act on the public holiday.

Alteration of days appointed to be public holidays

6. It shall be lawful for the Minister from time to time to declare by order either generally or specially in any year that any day appointed to be a public holiday shall not be a public holiday and that any day is appointed to be a public holiday whether by way of substitution for or in addition to the several days mentioned in the schedule or any of them.

Right to open public offices on holidays

7. Notwithstanding anything contained in this Ordinance the head of any Government department may open offices and works thereof and call upon all or any persons employed in such department to perform such of their duties on any public holiday as to such head of department may seem fit.

Restriction of compulsory work on public holidays (Cap. 30)

8. (1) No worker as defined in section 2 of the Employment Ordinance, shall be compelled to perform any work on any public holiday save only such as shall be of immediate necessity for the care and feeding of animals; cleanliness of yards, styes, stables, folds, manufactories and buildings; and other work indispensable for the preservation of the property of his employer; which work shall not be for more than 2 hours duration either before the hour of 8 in the morning or after the hour of 4 in the afternoon.

(2) Every employer as defined in the said section who contravenes the provisions of this section shall be liable to a fine of $20.

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SCHEDULE
(Section 2)

The 1st day of January
Good Friday
The day after Good Friday
Easter Monday
The day appointed for the celebration of the Anniversary of the Birthday of the Heir to the Throne
The day appointed for the celebration of the Anniversary of the Birthday of the Sovereign
The first Monday in August
The 10th day of November
Christmas Day
The 26th day of December

L.N. 32/75

NOTE: The exercise of the powers of the Minister under this Ordinance have been delegated to the Secretary to the Chief Minister and the Deputy Secretary to the
Chief Minister.