Dear Friends, Please find attached the Holiday Notification for Maharashtra Assembly election on Wednesday, 15th October 2014. Warm Regards, Anand Thakkar.
From India, Mumbai
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3From India, Mumbai
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Kindly let us know whether it is applicable under Factories Act, since its declared holiday under Negotiable Instrument Act. regards, satish
From India, Mumbai
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From India, Mumbai
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This notification is applicable to corporations/undertakings and semi-government bodies under their administrative control. However, this notification does not state whether paid holidays should be granted to establishments, shops, and offices.
Please clarify.
From India, Mumbai
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Please clarify.
From India, Mumbai
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It’s declared as holiday under NI Act and declared as a state holiday. It will apply to all employees, factory shop, etc
From India, Mumbai
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From India, Mumbai
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To Thakkaranand9,
Thank you for the prompt post with notification. However, for private companies, employers, and factories, there needs to be a notification from the State Election Commission, which I think will be published very soon.
From India, Kolhapur
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Thank you for the prompt post with notification. However, for private companies, employers, and factories, there needs to be a notification from the State Election Commission, which I think will be published very soon.
From India, Kolhapur
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Based on above discussion, I would like to draw your attention to Representation of Peoples Act, 1951.
Under Representation of Peoples Act, 1951, section 135B which reproduced as 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 an 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 (1) 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 sub-section (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.
Hope this will give clarity on subject.
Thank you.
Regards,
Girish V
Labour Law Consultant
B.Com, LLM, DCL, IPRL, M & A, DHRM, CS(Inter)
From China, Qinhuangdao
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Under Representation of Peoples Act, 1951, section 135B which reproduced as 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 an 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 (1) 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 sub-section (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.
Hope this will give clarity on subject.
Thank you.
Regards,
Girish V
Labour Law Consultant
B.Com, LLM, DCL, IPRL, M & A, DHRM, CS(Inter)
From China, Qinhuangdao
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Dear Mr.Girish,
Appreciate your opinion on the queries raised by Members.
In that case, the Maharashtra Govt should have declared Paid Holiday based on Representation of Peoples Act, 1951, the confusion was raised by the Industrial Establishments as the Govt. of Maharashtra declared Paid Holiday under the Negotiable Instrument act.
Request your opinion on the above.
regards,
Satishkumar
From India, Mumbai
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Appreciate your opinion on the queries raised by Members.
In that case, the Maharashtra Govt should have declared Paid Holiday based on Representation of Peoples Act, 1951, the confusion was raised by the Industrial Establishments as the Govt. of Maharashtra declared Paid Holiday under the Negotiable Instrument act.
Request your opinion on the above.
regards,
Satishkumar
From India, Mumbai
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Dear All,
Please find herewith Government Circular dated 10.10.2014 declaring Paid Holiday on Assembly Election day in Maharashtra.
Please also find below a Text of Circular dated 09.10.2014 by Bombay Chamber of Commerce and Industry on said subject.
To:
ALL MEMBERS IN MAHARASHTRA:
Sub: Assembly Elections in Maharashtra – 15th October, 2014
Elections to various Assembly Constituencies in Maharashtra will be held on Wednesday, 15th October, 2014.
Members are informed that the Representation of People Act, 1951 was amended in the year 1996 by the Representation of People (Amendment) Act, 1996 by insertion of a new Section 135-B providing for grant of a paid holiday to employees on the day of poll. The relevant section is reproduced overleaf for the information of Members. In view of the insertion of
Section 135-B and subject to sub-section 4 thereof, it is now necessary for employers in any business, trade, industrial undertaking or any other establishments to grant a paid holiday to employees who are entitled to vote at the election. It is not compulsory for any Company to keep its establishment/s closed on the election day.
The Government of Maharashtra has, in the past, issued notifications declaring the days of elections to be holidays under the Negotiable Instruments Act, 1881.
Members may please note that the Representation of People Act, 1951, being a Central enactment, would be binding insofar as the applicability of Section 135-B to all persons employed in any business, trade, industrial undertaking or any other establishments for the purpose of granting a paid holiday on the day of election.
Every employee, entitled to vote, will be eligible to avail of a paid holiday on the day of polling in the Constituency in which he is entitled to exercise his franchise.
Such of the employees who fall within the ambit of Sub-section-4 of Section 135-B will not be entitled to a paid holiday. However, they will be required to be given suitable time off to exercise their franchise.
Employees may be asked to intimate their Department Heads, the place and date on which they are eligible to vote to enable them to appropriately avail of the paid holiday.
Section 135-B of the Representation of the People Act, 1951 : Grant of paid holiday to employees on the day of polling – (inserted by Act 21 of 1996 with effect from 1st August, 1996)
Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.
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.
If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to Rs.500/-.
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.
From India, Mumbai
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Please find herewith Government Circular dated 10.10.2014 declaring Paid Holiday on Assembly Election day in Maharashtra.
Please also find below a Text of Circular dated 09.10.2014 by Bombay Chamber of Commerce and Industry on said subject.
To:
ALL MEMBERS IN MAHARASHTRA:
Sub: Assembly Elections in Maharashtra – 15th October, 2014
Elections to various Assembly Constituencies in Maharashtra will be held on Wednesday, 15th October, 2014.
Members are informed that the Representation of People Act, 1951 was amended in the year 1996 by the Representation of People (Amendment) Act, 1996 by insertion of a new Section 135-B providing for grant of a paid holiday to employees on the day of poll. The relevant section is reproduced overleaf for the information of Members. In view of the insertion of
Section 135-B and subject to sub-section 4 thereof, it is now necessary for employers in any business, trade, industrial undertaking or any other establishments to grant a paid holiday to employees who are entitled to vote at the election. It is not compulsory for any Company to keep its establishment/s closed on the election day.
The Government of Maharashtra has, in the past, issued notifications declaring the days of elections to be holidays under the Negotiable Instruments Act, 1881.
Members may please note that the Representation of People Act, 1951, being a Central enactment, would be binding insofar as the applicability of Section 135-B to all persons employed in any business, trade, industrial undertaking or any other establishments for the purpose of granting a paid holiday on the day of election.
Every employee, entitled to vote, will be eligible to avail of a paid holiday on the day of polling in the Constituency in which he is entitled to exercise his franchise.
Such of the employees who fall within the ambit of Sub-section-4 of Section 135-B will not be entitled to a paid holiday. However, they will be required to be given suitable time off to exercise their franchise.
Employees may be asked to intimate their Department Heads, the place and date on which they are eligible to vote to enable them to appropriately avail of the paid holiday.
Section 135-B of the Representation of the People Act, 1951 : Grant of paid holiday to employees on the day of polling – (inserted by Act 21 of 1996 with effect from 1st August, 1996)
Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.
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.
If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to Rs.500/-.
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.
From India, Mumbai
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Dear all,
As a responsible employer, we will announce a holiday. However, how can we check if employees have used this leave for a good cause? Additionally, most of our employees are outstation and are not authorized to vote for the Maharashtra state assembly. Don't you think this will result in a loss of productivity? Do we have any solutions to address this issue?
Please advise.
Regards,
Suvarna
From India, Pune
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As a responsible employer, we will announce a holiday. However, how can we check if employees have used this leave for a good cause? Additionally, most of our employees are outstation and are not authorized to vote for the Maharashtra state assembly. Don't you think this will result in a loss of productivity? Do we have any solutions to address this issue?
Please advise.
Regards,
Suvarna
From India, Pune
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Dear All, Attached is the notification of Maharashtra gov. All the queries will get answered. Regards KT
From India, Pune
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From India, Pune
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Dear Tushar ji,
The notification has already been uploaded once. Why is there a need to upload it again? If there is anything new or additional, that would be a different matter.
I apologize for taking on the role of moderators. I believe the moderators should be the ones to write such posts rather than deleting them. I have noticed that some of my posts have been deleted, and I am unsure of the reasons for this.
Thank you.
From India, Mumbai
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The notification has already been uploaded once. Why is there a need to upload it again? If there is anything new or additional, that would be a different matter.
I apologize for taking on the role of moderators. I believe the moderators should be the ones to write such posts rather than deleting them. I have noticed that some of my posts have been deleted, and I am unsure of the reasons for this.
Thank you.
From India, Mumbai
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Dear Keshavji,
If the same notification (posted by me) is uploaded anywhere else in another thread/discussion, then sorry for the duplication. But if you are talking about the two notifications uploaded in this same thread, then I would kindly suggest reading both of them. You will see the difference. Also, someone moderating voluntarily is always welcome as long as it is in concern and helpful to the fellow members.
Regards,
KT
From India, Pune
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If the same notification (posted by me) is uploaded anywhere else in another thread/discussion, then sorry for the duplication. But if you are talking about the two notifications uploaded in this same thread, then I would kindly suggest reading both of them. You will see the difference. Also, someone moderating voluntarily is always welcome as long as it is in concern and helpful to the fellow members.
Regards,
KT
From India, Pune
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Dear Tushar ji,
I appreciate your participation. This forum is a knowledge-sharing platform for all of us. It is an open forum in which every member is free to express his view or write anything. I always try to encourage the members to participate in this forum because I learn from everything, every step.
Sometimes I express my discontent in a very modest way when members write silly things with their identity of HR fraternity, but I feel sorry myself later on. I am not somebody big or an expert, but I try to participate in many discussions with a view to enhance my knowledge and give back to society what I got from it.
In this thread, I had to write since I found you uploading the same circular that I uploaded yesterday. One can make a mistake. I also make them. So don't feel sorry and continue contributing to the members.
From India, Mumbai
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I appreciate your participation. This forum is a knowledge-sharing platform for all of us. It is an open forum in which every member is free to express his view or write anything. I always try to encourage the members to participate in this forum because I learn from everything, every step.
Sometimes I express my discontent in a very modest way when members write silly things with their identity of HR fraternity, but I feel sorry myself later on. I am not somebody big or an expert, but I try to participate in many discussions with a view to enhance my knowledge and give back to society what I got from it.
In this thread, I had to write since I found you uploading the same circular that I uploaded yesterday. One can make a mistake. I also make them. So don't feel sorry and continue contributing to the members.
From India, Mumbai
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[QUOTE=korgaonkar k a;2183440]
Dear All,
Hi Korgaonkar Ji and Hi Other Labour Law experts,
IT company has posted the following message to its employees. I would like to understand if there are different rules governing IT companies in Maharashtra and Mumbai, as well as SEZ companies. Please let me know what this circular is about and if you have a copy of the official circular countering this.
Quote:
"Dear All,
As per the revised notification issued by the Government of Maharashtra on October 10, 2014, all employees of IT and IT-enabled services who are entitled to vote on October 15, 2014, are required to be given at least two hours to enable them to exercise their franchise.
Hence, our earlier communication declaring a mandated holiday on October 15, 2014, for casting votes stands null and void.
You may now plan your activities accordingly and ensure at least two hours of time off is given to the associates to cast their votes on October 15, 2014."
From India, Mumbai
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Dear All,
Hi Korgaonkar Ji and Hi Other Labour Law experts,
IT company has posted the following message to its employees. I would like to understand if there are different rules governing IT companies in Maharashtra and Mumbai, as well as SEZ companies. Please let me know what this circular is about and if you have a copy of the official circular countering this.
Quote:
"Dear All,
As per the revised notification issued by the Government of Maharashtra on October 10, 2014, all employees of IT and IT-enabled services who are entitled to vote on October 15, 2014, are required to be given at least two hours to enable them to exercise their franchise.
Hence, our earlier communication declaring a mandated holiday on October 15, 2014, for casting votes stands null and void.
You may now plan your activities accordingly and ensure at least two hours of time off is given to the associates to cast their votes on October 15, 2014."
From India, Mumbai
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[QUOTE=girish_vivalkar;2183219]
Based on the above discussion, I would like to draw your attention to the Representation of Peoples Act, 1951.
Would like to understand if some IT companies in Maharashtra and Mumbai have issued another notification to employees in Mumbai and Maharashtra. Is there any circular related to IT from the Assembly about the holiday cancellation? If there is anything that has come to the valuable attention of the senior members here in the forum to counter the below notification. If you have any English circular or in any language, the latest one as of Saturday, 11th October 2014, or 10th October 2014 pertaining to IT, then please do publish it in the forum to help the IT associates have a proper idea regarding the notification in the press.
Quote:
"Dear All,
As per the revised notification issued by the Government of Maharashtra on October 10, 2014, all the employees of IT and IT-enabled services who are entitled to vote on October 15, 2014, are required to be given at least two hours to enable them to exercise their franchise.
Hence, our earlier communication declaring a mandated holiday on 15 October 2014 for casting the votes stands null and void.
You may now plan your activity accordingly and ensure at least two hours of time off is given to the associates to cast their votes on October 15, 2014."
From India, Mumbai
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Based on the above discussion, I would like to draw your attention to the Representation of Peoples Act, 1951.
Would like to understand if some IT companies in Maharashtra and Mumbai have issued another notification to employees in Mumbai and Maharashtra. Is there any circular related to IT from the Assembly about the holiday cancellation? If there is anything that has come to the valuable attention of the senior members here in the forum to counter the below notification. If you have any English circular or in any language, the latest one as of Saturday, 11th October 2014, or 10th October 2014 pertaining to IT, then please do publish it in the forum to help the IT associates have a proper idea regarding the notification in the press.
Quote:
"Dear All,
As per the revised notification issued by the Government of Maharashtra on October 10, 2014, all the employees of IT and IT-enabled services who are entitled to vote on October 15, 2014, are required to be given at least two hours to enable them to exercise their franchise.
Hence, our earlier communication declaring a mandated holiday on 15 October 2014 for casting the votes stands null and void.
You may now plan your activity accordingly and ensure at least two hours of time off is given to the associates to cast their votes on October 15, 2014."
From India, Mumbai
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Dear KAMAMILLENIUM, Please find the attachment. It is in Marathi. You need to translate it..........................................................
From India, Mumbai
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From India, Mumbai
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Dear All,
According to this circular, employees can be granted a 2-hour or sufficient time concession to cast their vote where the absence of employees on election day may cause danger or substantial loss to the employer, especially in the IT industry, export industry, and continuous process industry.
From India, Mumbai
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According to this circular, employees can be granted a 2-hour or sufficient time concession to cast their vote where the absence of employees on election day may cause danger or substantial loss to the employer, especially in the IT industry, export industry, and continuous process industry.
From India, Mumbai
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Maharashtra State Govt. Paid Holiday Circular 2010.pdf