Hi Terence.Kappahl, My understanding is that -
The provisions says that all establishments located within constituencies should declare paid holiday for the day of polling. I don't see any instructions that establishments should be "closed". But we shouldn't read between lines. When all employees are given a paid holiday which employee would open the office and sit. The spirit of the said 'paid holiday' is that they should be allowed on a paid holiday to register their votes. Whilst there is no checks & balances to verify whether they really voted or not. There are some establishments which give 'permission' of few hours allowing their employees to report back to office, which is not per se complying with the provisions though logically it's serve the purpose to allow them to vote. But if an estt. is closed there is no question arises. Here also there are certain essential employees on guard duty, hospitals etc who would have different arrangements, I hope.
Again another doubt arises - in respect of workers who are drafted to work during night shift, say between 5/6 PM & 7 AM which is not a polling timing in which case where is the need for giving a paid holiday during day time because they are already on off duty. So it's just enough if an estt. is closed for the duration of polling.
But in the case of 'no employee' estts, say only proprietor or their family run the estt. there is no such difficulties as there are no 'employees' as such.
It also pertinent to note here the other side of this facility - ie.,
Voters working elsewhere entitled to holiday on poll day: EC -
The EC has made it clear that voters in a state going to polls will be entitled to paid holiday from their employers even if their location of employment is outside the state.
In fresh instructions issued, the EC said even daily wage/casual workers are entitled to a holiday and wages on the poll day as provided in Section 135B of the Representation of the People Act, 1951.
The EC has reiterated that Representation of People Act, 1951, requires 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.
EC said there may be cases where a person is ordinarily a resident of the constituency and registered as an elector but 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 the Section 135B(1) of the Representation of the People Act, 1951,” EC said.
Read more at -
//economictimes.indiatimes.com/articleshow/12064707.cms?utm_source=contentofinterest&utm_medi um=text&utm_campaign=cppst
PTI|
https://eci.gov.in/faqs/
https://eci.gov.in/faqs/elections/fa...r-rosdeos-r14/