The Chief Secretary of Haryana
Government has published orders on granting of paid holiday to employees
on the day of poll and attached the latest orders reveiced from
Election Commission of India regarding this subject as follows…
Ceneral Election Vidhan Sabha, 2014
Most Immediate Date Bound
No 4/36/2009-1 Election
Government of Haryana
Chief Secretary Office
(Election Branch)
Dated, Chandigarh, the 30th September, 2014
To
The Chiet Secretary to Govt., Haryana,
General Adminisuation Department
(in OS-JI Branch).
Subject: – General Elections to the Haryana Vidhan Sabha, 2014 – Grant of paid holiday to employees on the day of poll – reg.
Sir/Madam,
I am directed to refer to the subject noted above and to enclose a copy
of letter No.78/2014/EPS/717, dated 24.09.2014 received from Sh. Sumit
Mukherjee, Secretary, Election Commission of India,, Nirvachan Sadan,
Ashoka Road, New Delhi for immediate appropriate action. It is
requested that suitable instructions may be issued to all concerned and a
copy thereof be endorsed to the Election Commission of india for
information and record under intimation to this Department.
Yours faithfully,
sd/-
Superintendent Election.
ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110001.
No.78/2014/EPS/717
Dated: 24th September, 2014
To
1. The Chief Secretaries to the Government of: –
Haryana, Maharashtra, Odisha, Arunachal Pradesh, Manipur, Nagaland, Uttar Pradesh and Gujarat.
2. The Chief Electoral Officers of: –
Haryana, Maharashtra, Odisha, Arunachal Pradesh, Manipur, Nagaland, Uttar Pradesh and Gujarat.
3. The Secretary to the Govt. of India,
M/o Personnel Public Grievances & Pensions, Department of Personnel
and Training, North Block, New Delhi.
Subject:- General Election to
the State Legislative Assemblies of Haryana and Maharashtra and
Bye-Elections to fill the clear vacancies in Parliamentary
Constituencies from the State of Maharashtra & Odisha and Assembly
Constituencies in various Satte Legislative Assemblies – Grant of paid
holiday to employees on the day of poll – regarding.
Sir/Madam,
I am directed to invite your attention to Section 135B of the
Representation of the People Act. 1951 which provides for the grant of
paid holiday to the employees on the day of poll. The Section 135B is
reproduced below:
“135B. Grant of paid holiday to employees on the day of poll.
(1) Every person employed in any
business trade, industrial undertaking or any other establishment and
entitled to vote at election to the House of the People or the
Legislative Assembly of a State shall, on the day of poll, be granted a
holiday.
(2) No deduction or abatement of the
wages of any such person shall be made on account of a holiday having
been granted in accordance with sub-section (I) and if such person is
employed on the basis that he would not ordinarily receive wages for
such a day, he shall nonetheless be paid for such day the wages he would
have drawn had not a holiday been granted to him on that day.
(3) If an employer contravenes the
provisions of sub-section (1) or susedion (2), then such employer shall
be punishable with fine, which may extend to five hundred rupees.
(4) This section shall not apply to any
elector whose absence may cause danger or substantial loss in respect of
the employment in which he is engaged.”
2. The above provisions recuire that all
establishments and shops including those which work on shift basis
shall be closed on the day of poll in the Constituency where a
General/bye-election is to be held. However, there may be cases where a
person is ordinanly resident of the Constituency and registered as an
elector, may be serving/employed in an industrial undertaking or an
establishment located outside the Constituency having a
general/bye-election. It is clarified that in such a situation, even
those electors including casual workers working outside the constituency
concerned would be entitled to the benefit of a paid holiday extended
under Section 135B(1) of the Representation of the People Act. 1951.
3. The daily wage/casual workers are
also entitled for a holiday and wages on poll day as provided in Section
135B of the R.P. Act, 1951.
4. The Commission desired that suitable
instructions should be issued to all concerned and a copy there of be
endorsed to the Commission for its information and record.
5. The receipt of this letter may please be acknowledged.
Yours faithfully,
sd/-
(Sumit Mukherjee)
Secretary
#Election Duty, #Election Holidays, #State Government Employees