Dear Friends, Please find attached the Holiday Notification for Maharashtra Assembly election on Wednesday, 15th October 2014. Warm Regards, Anand Thakkar.
From India, Mumbai
3From India, Mumbai
Kindly let us know whether it is applicable under Factories Act, since its declared holiday under Negotiable Instrument Act. regards, satish
From India, Mumbai
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.
From India, Mumbai
Please clarify.
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
From India, Mumbai
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.
From India, Kolhapur
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.
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)
From China, Qinhuangdao
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
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
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
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
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
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
From India, Pune
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
From India, Pune
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