Saswatabanerjee
Partner - Risk Management
Kishorkulkarni
Law Practice
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Satish@monarchcatalyst.co
Sr.manager-hr Monarch Catalyst Pvt.ltd.
Girish_vivalkar
Labour Law Compliance Expert
Tushar_Kulkarni
Manager - Hr
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Dear Friends, Please find attached the Holiday Notification for Maharashtra Assembly election on Wednesday, 15th October 2014. Warm Regards, Anand Thakkar.
8th October 2014 From India, Mumbai

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File Type: pdf PaidHoliday.pdf (39.8 KB, 2372 views)

Kindly let us know whether it is applicable under Factories Act, since its declared holiday under Negotiable Instrument Act. regards, satish
9th October 2014 From India, Mumbai
This notification is applicable to corporations/ undertaking and semi-Government bodies under their administrative control. But in this notification not stated that paid holiday to establishments, shops and offices.
Please clarify.
9th October 2014 From India, Mumbai
It’s declared as holiday under NI Act and declared as a state holiday. It will apply to all employees, factory shop, etc
9th October 2014 From India, Mumbai
To,
Thakkaranand9
Thanks for the prompt post with notification.
However, for private companies, employers and factories, there needs a notification from the State Election Commission, which I think will be published very soon.
9th October 2014 From India, Kolhapur
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)


9th October 2014 From China, Qinhuangdao
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

10th October 2014 From India, Mumbai
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.
10th October 2014 From India, Mumbai

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File Type: jpg GOM_CIRCULAR_ASSEMBLY ELE2.jpg (300.8 KB, 31 views)

Dear all,
As a responsible employer we will announce holiday but how is the check if employee have used this leave for the good cause.
Also we have most of employee are outstation and they are not authorized to vote for Maharashtra state assembly how so don't you think it will be loss of productivity,
do we have any solution to this?
Pl suggest
Regards
Suvarna
10th October 2014 From India, Pune
Dear All, Attached is the notification of Maharashtra gov. All the queries will get answered. Regards KT
11th October 2014 From India, Pune
Attachment of the notification for assembly elections 2014.
11th October 2014 From India, Pune

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File Type: pdf _Assembly-Election-Notification.pdf (48.4 KB, 224 views)

Dear Tushar ji,
The said notification is already uploaded once. Why there is a need to upload it again?
If any thing new or addition, value addition, then it is a different thing.
Sorry for taking role of moderators in my hand. I expect the moderators should write this kind of post rather than deleting the posts. I noticed some of my posts are deleted, the reason not known to me.
11th October 2014 From India, Mumbai
Dear Keshavji
If the same notification (posted by me) is uploaded anywhere else in any another thread / discussion, then sorry for the duplication.
But if you are saying about the two notifications uploaded in this same thread, then I would kindly suggest to read both of them. You will know the difference.
And someone moderating voluntarily, is always welcome as long as it is in concern and helpful to the fellow members.
Regards
KT
11th October 2014 From India, Pune
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 any thing. I always tried to encourage the members from participating in this forum. Because I learn from every thing, every step.
Some time I expressed my discontent in very modest way when members write silly things with their identity of HR fraternity but I felt sorry myself later-on. I am not somebody big or expert but I tried to participate in many discussions with a view to enhance my knowledge and give back to the society what I got from it.
In this thread I had to write since I find you uploading the same circular which was uploaded by me yesterday.
One can make mistake. I also make it. So don't feel sorry and continue contributing to the members.
11th October 2014 From India, Mumbai
#Anonymous
[QUOTE=korgaonkar k a;2183440]Dear All,
Hi Korgaonkar Ji and Hi Other Labour Law experts,
IT company has posted following to its Employees . Would like to understand if there are Different rules governing IT Companies in Maharashtra and Mumbai and also SEZ Companies.Let me know whats is this Circular and do youhave a copy of official Circular Countering this.
Quote
"
Dear All,
As per the revised notification issued by the Govt 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 Oct 15, 2014. "
12th October 2014 From India, Mumbai
#Anonymous
[QUOTE=girish_vivalkar;2183219]Based on above discussion, I would like to draw your attention to Representation of Peoples Act, 1951.



Would like to understand that some IT companies in Maharashtra and Mumbai have issued another notification to Emloyees in Mumbai and Maharashtra. Is there any Circular like IT related from Assembly about the Holiday CANCELLATION and if there is any thing that has come to the valueable 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 tdo publish it in forum for helping the IT associates have proper Idea as to the Notification in Press.

Quote:

"Dear All,

As per the revised notification issued by the Govt 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 Oct 15, 2014."
12th October 2014 From India, Mumbai
Dear KAMAMILLENIUM, Please find the attachment. It is in Marathi. You need to translate it..........................................................
12th October 2014 From India, Mumbai

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File Type: jpg GOM_Circular_Assembly Ele_2hrs.jpg (138.6 KB, 60 views)

Dear All,
According to this circular, employees can be granted with 2 hours or sufficient time concession to cast their vote where the absence of employees on election day may cause danger or substantial loss to employer, and in IT Industry, Export Industry, Continuous Process Industry.
12th October 2014 From India, Mumbai
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