Dear Seniors,
I have gone through the below message as well as the Representation of Peoples Act 1951.
Sec 135B goes as follows:
"Every person employed in 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 poll, be granted a holiday."
I understand from the above words, that the establishment shall not be declared holiday. If at all any employee is not attending the office on the polling day, the management is not supposed to deduct salary or mark leave on the other hand he should be given a paid holiday and that too that employee should eligible to vote in that election.
Say for example, I am working In Mumbai and I am listed as a voted in Tamil nadu, why I should be given a paid holiday where I am not eligible to vote.
Hence, I presume, that the establishment need not be closed on the polling day, on the other hand, whomsoever entitled to vote shall be given a paid holiday.
Seniors please correct if am wrong.
Regards,
Krishnaraj P R
+91 9840355204
From India, Madras
3I have gone through the below message as well as the Representation of Peoples Act 1951.
Sec 135B goes as follows:
"Every person employed in 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 poll, be granted a holiday."
I understand from the above words, that the establishment shall not be declared holiday. If at all any employee is not attending the office on the polling day, the management is not supposed to deduct salary or mark leave on the other hand he should be given a paid holiday and that too that employee should eligible to vote in that election.
Say for example, I am working In Mumbai and I am listed as a voted in Tamil nadu, why I should be given a paid holiday where I am not eligible to vote.
Hence, I presume, that the establishment need not be closed on the polling day, on the other hand, whomsoever entitled to vote shall be given a paid holiday.
Seniors please correct if am wrong.
Regards,
Krishnaraj P R
+91 9840355204
From India, Madras
Thank you so much Uday. Now it will be easier for me to convince my employer regarding the same, as they are not in favor of any such holiday.
Regards,
Gunjan Malviya
HR Manager
Infinity Industries Pvt. Ltd.
From India, Mumbai
Regards,
Gunjan Malviya
HR Manager
Infinity Industries Pvt. Ltd.
From India, Mumbai
[Thanks for the information
QUOTE=uday_amble;902279]Dear HR Friends,
Please find the attached notification related to holiday on election day in Maharashtra
1. Pursuant to the Circular No.FDE-2009/C.R.335/Lab-9 dated 1st October, 2009 issued by the Government of Maharashtra, Industries, Energy & Labour Department, general elections to the Legislative Assembly of Maharashtra will be held on Tuesday, 13th October, 2009.
2. 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.
3. The Government of Maharashtra has, separately, by its Notification dated 29th September, 2009, declared the day of election to be a holiday under the Negotiable Instruments Act, 1881.
4. 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.
5. Enclosed a copy of the above circular calling upon employers to grant a paid holiday to all employees eligible to vote.[/QUOTE]
QUOTE=uday_amble;902279]Dear HR Friends,
Please find the attached notification related to holiday on election day in Maharashtra
1. Pursuant to the Circular No.FDE-2009/C.R.335/Lab-9 dated 1st October, 2009 issued by the Government of Maharashtra, Industries, Energy & Labour Department, general elections to the Legislative Assembly of Maharashtra will be held on Tuesday, 13th October, 2009.
2. 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.
3. The Government of Maharashtra has, separately, by its Notification dated 29th September, 2009, declared the day of election to be a holiday under the Negotiable Instruments Act, 1881.
4. 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.
5. Enclosed a copy of the above circular calling upon employers to grant a paid holiday to all employees eligible to vote.[/QUOTE]
This is the first time Election Commision has asked to stop entire ativities of a State for elections. In teh global era & times of recession, this is totally unwarranted & unjustified to stop industries, hotels, cinemas, etc. for one day.
Long live Indian "democrazy" !
rgds
dixon
Hyundai, Pune
From India, Mumbai
Long live Indian "democrazy" !
rgds
dixon
Hyundai, Pune
From India, Mumbai
NO. As a competent HR professional, ensure that this is not done; and the sanctity of a Govt. order/notification is maintained. Regards.
From India, Delhi
From India, Delhi
Dear Dixon
I think having a good government, that is truly representative of people; is more important than the production in a day.
But you are entitled to your own thinking - of having an incompetent or no govt. at all, whatsoever.
From India, Delhi
I think having a good government, that is truly representative of people; is more important than the production in a day.
But you are entitled to your own thinking - of having an incompetent or no govt. at all, whatsoever.
From India, Delhi
Dear Krishnaraj Kindly do not presume things; nor try to interpret the law as if you are the Supreme Court of India. Regards.
From India, Delhi
From India, Delhi
Dear Raj Kumar,
Appreciate your patience for replying to each post individually.
When Govt of Maharashtra is declaring a holiday with pay to all employees of shops, establishments, eating houses, theatres etc. in Maharashtra. It is binding on the employees of such establishments.
In order to ensure that the paid holiday is given to the employees, the Government is delcaring a holiday. Govt. also exempted, in the same notification, some establishments whose work cannot be stopped.
When Government issues an order, it is the duty of the persons concerned, to comply with the orders.
There is no scope of : " I think", "I presume" " I feel" . etc.
There is only one choice - OBEY THE ORDER OR FACE THE CONSEQUENCE.
KCS Kutty
From India, Madras
Appreciate your patience for replying to each post individually.
When Govt of Maharashtra is declaring a holiday with pay to all employees of shops, establishments, eating houses, theatres etc. in Maharashtra. It is binding on the employees of such establishments.
In order to ensure that the paid holiday is given to the employees, the Government is delcaring a holiday. Govt. also exempted, in the same notification, some establishments whose work cannot be stopped.
When Government issues an order, it is the duty of the persons concerned, to comply with the orders.
There is no scope of : " I think", "I presume" " I feel" . etc.
There is only one choice - OBEY THE ORDER OR FACE THE CONSEQUENCE.
KCS Kutty
From India, Madras
Thanks KCS Kutty ji.
You correctly say : There is only one choice - OBEY THE ORDER OR FACE THE CONSEQUENCE.
I am taking pains to ensure that these members understand the issue correctly and do not land up in trouble.
As citizens also, we should obey the laws, else there will be no law and order and a state of anarchy shall prevail.
Warm regards.
From India, Delhi
You correctly say : There is only one choice - OBEY THE ORDER OR FACE THE CONSEQUENCE.
I am taking pains to ensure that these members understand the issue correctly and do not land up in trouble.
As citizens also, we should obey the laws, else there will be no law and order and a state of anarchy shall prevail.
Warm regards.
From India, Delhi
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GHMC Election Holiday Notification.pd f