SABAH HOLIDAYS ORDINANCE

CHAPTER 56. HOLIDAYS.

To make provision for the due observance of holidays and the law relating to the same..

[7TH JUNE, 1948.]

1. Short title.

This Ordinance may be cited as the Holidays Ordinance.

2. Interpretation.

(1)In this Ordinance—

" Bank Holiday " means a day which shall be kept as a close holiday by all banks in the Colony ;

" Public Holiday " means a day which, subject to the provisions of section 4, shall be a dies non and shall be kept as a holiday by all banks, educational establishments, public offices and Government departments.

(2)For the purposes of this Ordinance, the day next following a Public Holiday shall mean the next following day not being itself a Public Holiday, and the day next following a Bank Holiday shall be construed to mean the next following day not being itself a Public Holiday, or Bank Holiday.

. Certain days to be holidays.

(1)The several days mentioned in the First Schedule shall be kept as Public Holidays in the Colony.

(2)The several days mentioned in the Second Schedule shall be kept as Bank Holidays in the Colony.

(3)If any of the days set out in either of the Schedules hereto falls on a Sunday the following day shall be observed as the public holiday unless otherwise ordered by the Governor.

4. Power to exclude.

The Governor may make regulations excluding in whole or in part from the operation of this Ordinance any public office or any department thereof, and thereupon all acts and things relating to such public office or department thereof may be done and performed on any Public Holiday, notwithstanding this Ordinance.

5. Bill due on Bank or Public Holidays to be payable on the next following day.

(1)All bills of exchange and promissory notes which are due and payable on any Bank or Public Holiday shall be payable, and in case of non-payment may be noted and protested, on the next following day, and not on such Bank or Public Holiday.

(2)Amy such noting or protest shall be as valid as if made on the day on which the bill or note was made due and payable.

6. Provision as to notice of dishonour and presentation for honour.

When the day on which any notice of dishonour of an unpaid bill of exchange or promissory note should be given, or when the day on which 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 Bank or Public Holiday, such notice of dishonour shall be given, and such bill of exchange or promissory note shall be presented or forwarded, on the day next following such Bank or Public Holiday.

7. As to any payments on Bank or Public Holidays.

(1)No person shall be compellable to make any payment or to do any act upon a Bank or Public Holiday which he would not be compellable to do or make on Sunday.

(2)The obligation to make such payment and do such act shall apply to the day next following such Bank or Public Holiday.

(3)The making of such payment and doing such act on such following day shall be equivalent to payment of the money or performance of the act on the holiday.

8. Process, etc., on holidays.

Subject to any express provision whereby any act specified in any written law may not be done on a Sunday, any summons or warrant may be issued, any summons may be served, any warrant or order may be served or executed and any arrest, search or seizure may be made, on any day, whether a Bank or Public Holiday or not.

9. Governor may appoint special days to be observed as holidays.

The Governor may in any year appoint a special day to be observed as a Public Holiday or as a Bank Holiday in addition to or in substitution for any of the days mentioned in the Schedules, and thereupon this Ordinance shall be applicable to such day in the same manner as if the said day had been mentioned in the First Schedule or the Second Schedule.