Is Declaring a Holiday on Election Day in Delhi Mandatory? Seeking Clarification

Hi members,

Good morning. I have a small query regarding leave. I want to know, is it mandatory to announce leave on the day elections are held, i.e., declare a holiday? If yes, what is the justification regarding the same? Please reply as this is with reference to the poll in Delhi on 5th April.

Waiting eagerly for your replies!

Regards,
Prachi Jain

Hi Prachi,

My organization is in Noida, and as per the UP Dookan and Adhishtan Act 1962, under the list of public holidays, voting days have to be given as a holiday.

Anueha

Dear Prachi,

It is not mandatory to give a holiday during the time of an election unless it is declared so. Usually, most companies give the day off and compensate the same by making the following Sunday a working day.

The point to note here is that the company, being a part of India, should not penalize or discourage a person from exercising their universal adult franchise as the right is given by our Constitution. The best thing to do is to allow time and adjustments if possible to all employees so that they can exercise their voting rights. What most companies do is divide and allocate the time when an employee is allowed to go and vote.

For example: we require some to come in the morning and give the second half off, while the others are given the first half off. For people whose Polling Booths are near the office, they usually take an extended lunch break to go out and vote.

In all cases, it should be remembered that time should be allowed so that an employee can vote, but in no case should a holiday be given. If you give the day off, they should compensate by working on a holiday.

Regards,

SC

Refer to the Hindustan Times advertisement on 4th April brought by the Labour Commissioner for the same. A short leave is granted for eligible voters. Additionally, the organization may declare the polling day a holiday in lieu of the weekly off.

Dear Prachi,

There is an amendment in the Representation of People Act 1951. Section 135-B was inserted, stating that effective 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 People or the Legislative Assembly of a State shall, on the day of the poll, be granted a holiday." Therefore, it is mandatory on the part of the employer to grant a paid holiday to employees who are entitled to vote for the election.

Thanks,
Srees

Dear All,

Attached is the notification from the Election Commission regarding the holiday on election day. It was shared with me by one of our members from citehr as required.

Regards,
Sandeep

Dear All,

Please find below the notification regarding the Election Holiday.

Regards,

Atul

Dear All,

For the benefit of all members of the Cite HR, I would like to clarify that please go through the provisions of The Representation of the People Act, 1951. According to Section 135A, Subsection 2 which reads as follows:

2. An offence punishable under subsection (1) shall be cognizable.

135B. Grant of paid holiday to employees on the day of the 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 the 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 subsection (1). If such a person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such a 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 subsection (1) or subsection (2), then such an employer shall be punishable with a fine that may extend to five hundred.

Dear Sirs,

In Mumbai, most of the offices have not received the circular regarding the holiday declared by the government. Requesting you to please send the circular to our office email: [link removed].

Thanks

Dear,

It all depends on the person or organization how they realize or take the matter of prosecution by the prescribed authorities. People may feel pride in depositing the amount of challan. Your concern in the matter is highly appreciable, drawing the attention of the government to look into the issue. Moreover, if anybody works on the day of the poll, then the employer will become liable to pay three times the salary for that particular day. Now, it is up to the employer how they follow the law of the land. There are other laws from the year 1948 that have the same amount of challan.

Let us hope for awareness among people.

Regards,
R.N.Khola

(Labour Law & Legal Consultants)
09810405361

Dear All,

Could you please inform me if there are any guidelines or provisions in the PRA regarding holidays on local civic body poll days?

Regards,
Sudeep

Dear Sudeep,

There happens to be no guideline or provision in PRA regarding a holiday on the local civic body poll day.

With Regards,
R.N. Khola