Dear Mr.vkokamthankar Government employees on election duty can exercise their voting rights through post. There is a specific provision for this facility
From India, Madras
169From India, Madras
Dear Mr.Sinha
In continuous process industries as you stated there are adjustments regarding declaration of holiday on the polling day. Probably there was some understanding between the management and the Unions regarding this. Adjustments have to be made only if the law is applicable. If the law is not applicable there is no need for adjustments and the management/employer would have straight away asked the workmen to come to work on the polling day.
From India, Madras
In continuous process industries as you stated there are adjustments regarding declaration of holiday on the polling day. Probably there was some understanding between the management and the Unions regarding this. Adjustments have to be made only if the law is applicable. If the law is not applicable there is no need for adjustments and the management/employer would have straight away asked the workmen to come to work on the polling day.
From India, Madras
Dear Mr. V.Harikrishnan,
Adjustments regarding holiday are done with mutual understanding between management and the employees with prior written information to the Dist Election Office. All these arrangements are done as per the provisions of the RP Act.
regards
Kamal
From India, Pune
Adjustments regarding holiday are done with mutual understanding between management and the employees with prior written information to the Dist Election Office. All these arrangements are done as per the provisions of the RP Act.
regards
Kamal
From India, Pune
Dear Mr.Sinha
In your reply post you have stated that all the arrangements regarding adjustments are done as per the provisions of the RP Act. Please enlighten me about the provisions of the RP Act which enables mutual adjustments regarding holidays on a polling day. Your information will be of help and guidance to me when similar situations arise in the future. I request you to give me the above referred provisions of the RPAct so that I will be able to convince employers/and workmen based on the provisions of the law referred to by you. Thanking You
With regards
From India, Madras
In your reply post you have stated that all the arrangements regarding adjustments are done as per the provisions of the RP Act. Please enlighten me about the provisions of the RP Act which enables mutual adjustments regarding holidays on a polling day. Your information will be of help and guidance to me when similar situations arise in the future. I request you to give me the above referred provisions of the RPAct so that I will be able to convince employers/and workmen based on the provisions of the law referred to by you. Thanking You
With regards
From India, Madras
Dear Mr.V.Harikrishnan,
The provision i m talikng about is sub-section 4 of Section 135B of RP Act, that there is a way out for industries having continuous production process. Mutual arrangement means employees are allowed to use their right to vote at the same time the production process also remains on.
regards,
Kamal
From India, Pune
The provision i m talikng about is sub-section 4 of Section 135B of RP Act, that there is a way out for industries having continuous production process. Mutual arrangement means employees are allowed to use their right to vote at the same time the production process also remains on.
regards,
Kamal
From India, Pune
Dear Experts,
could anyone have Public holiday notification - Local body election on 17th october'11.
This abstract declares that on 13th april'11 will be public holiday for the general elction of tamil nadu, is it posible to get same notification for 17th october elction?
From India, Velluru
could anyone have Public holiday notification - Local body election on 17th october'11.
This abstract declares that on 13th april'11 will be public holiday for the general elction of tamil nadu, is it posible to get same notification for 17th october elction?
From India, Velluru
Dear Mr.Venky
There is a difference between a holiday declared under the Representation of Peoples Act and a holiday declared under the Negotiable Instruments Act. The document uploaded by you though relating to the General Elections is a notification under the Negotiable Instruments Act and not under the Representation of Peoples Act. One has to wait and see the notification that may be issued by the Government of Tamilnadu for the local body elections on 17-10-2011.
With regards
From India, Madras
There is a difference between a holiday declared under the Representation of Peoples Act and a holiday declared under the Negotiable Instruments Act. The document uploaded by you though relating to the General Elections is a notification under the Negotiable Instruments Act and not under the Representation of Peoples Act. One has to wait and see the notification that may be issued by the Government of Tamilnadu for the local body elections on 17-10-2011.
With regards
From India, Madras
Dear Armathan:
please refer this link
http://tn.gov.in <link updated to site home>
NOTIFICATION WILL BE ISSUED ONLY ON DATE OF VOTING SO IN ADVANCE YOU HAVE TO INFORM LEAVE
Hello to all members and it is really good to read such interesting and exciting discussion on indian law and the loopholes in it, which is very famous and we can use it as we wish, we are central govt autonomous body Min of Comm & It,, and till today we have not yet declared 17 19 oct as holiday, today only will present the above notification to our director and get approved for 17 oct, now even though notification says 17 and 19 some might even argue both days are important,, but since we are in chennai we plan to give 17 only,, , all laws should have amendments and should be dynamic and changing a person should be able to directly vote from a ATM using his fingerprint or iris / retina scan verification, so that wherever he is in india during election time he can vote from anywhere,, but india and automation have long way to go,,, no doubt govt is doing all things for automation but people and procedures makes it complicated,,,
From the election point of view and other issues created by political parties just for fun ( like the software company case 2006 year, in chennai mentioned by Harikrishnan sir) the software company case seems purely case of enemity, politics,, because it was not the only company which worked , lots of other companies also worked, but only this specific co was targetted...
So we should amend the rule informally and see that every citizen gets his right to vote:
Now in 2011 / October the following is the real / actual / assumed scenario of any organization/ company having 100 employees:
Total 100 employees out of 100 only 50 are pure locals (hope you understand) having election card, voting rights etc) 30 are out of state staff who dont have election rights for the state elections or any election, and 20 are locals but living in state (not in city) the election date is prefixed / suffixed to local election date:
So if you plan like this: Assuming Chennai city and neigbouring areas ./ cities:
On election day: 50 local employees are given leave and 50 staff come to work
out of 50 staff declaration is taken:
30 staff give declaration / sign declaration:
We the below mentioned employees with sign have no objection in working on 17 Oct 2011, as we dont have votings rights in TN state. This declaration given on our own and not under any pressure or force.
Name of employees :: Signature
20 staff give declaration / sign declaration:
We the below mentioned employees with sign have no objection in working on 17 Oct 2011, as we dont have votings rights in Chennai, but our voting rights are in TN state. We would like to avail the holiday for voting in our constituency on the specified date as mentioned This declaration given on our own and not under any pressure or force.
Name of employees :: Constituency / CIty :: Date of election on which holiday is taken / compensated ::Signature
1. RAVI ;; villupuram ;; 19 oct 2011 ;;
2 SATISH ;; TRICHY ;; 20 OCt 2011 ;;
once this declaration is taken satish will take leave on 20 oct, and ravi on 19 oct ,,, whether ravi and satish really do go to their cities to vote or not is not headache of company,, but this will ensure that working staff is present on all days resulting in win win situation, so even company is not in trouble , in aurangabad maharashtra, earlier where i worked we had this case where our director had given holiday for employee to caste his vote on 20 oct (example date) whereas aurangabad had 17 oct (example date) as election day and that employee worked on 17 oct, but availed leave on 20 oct,,
Laws are always there we should find methods to adapt it to ourselves ,because indian laws are not changed at all,
From India, Madras
please refer this link
http://tn.gov.in <link updated to site home>
NOTIFICATION WILL BE ISSUED ONLY ON DATE OF VOTING SO IN ADVANCE YOU HAVE TO INFORM LEAVE
Hello to all members and it is really good to read such interesting and exciting discussion on indian law and the loopholes in it, which is very famous and we can use it as we wish, we are central govt autonomous body Min of Comm & It,, and till today we have not yet declared 17 19 oct as holiday, today only will present the above notification to our director and get approved for 17 oct, now even though notification says 17 and 19 some might even argue both days are important,, but since we are in chennai we plan to give 17 only,, , all laws should have amendments and should be dynamic and changing a person should be able to directly vote from a ATM using his fingerprint or iris / retina scan verification, so that wherever he is in india during election time he can vote from anywhere,, but india and automation have long way to go,,, no doubt govt is doing all things for automation but people and procedures makes it complicated,,,
From the election point of view and other issues created by political parties just for fun ( like the software company case 2006 year, in chennai mentioned by Harikrishnan sir) the software company case seems purely case of enemity, politics,, because it was not the only company which worked , lots of other companies also worked, but only this specific co was targetted...
So we should amend the rule informally and see that every citizen gets his right to vote:
Now in 2011 / October the following is the real / actual / assumed scenario of any organization/ company having 100 employees:
Total 100 employees out of 100 only 50 are pure locals (hope you understand) having election card, voting rights etc) 30 are out of state staff who dont have election rights for the state elections or any election, and 20 are locals but living in state (not in city) the election date is prefixed / suffixed to local election date:
So if you plan like this: Assuming Chennai city and neigbouring areas ./ cities:
On election day: 50 local employees are given leave and 50 staff come to work
out of 50 staff declaration is taken:
30 staff give declaration / sign declaration:
We the below mentioned employees with sign have no objection in working on 17 Oct 2011, as we dont have votings rights in TN state. This declaration given on our own and not under any pressure or force.
Name of employees :: Signature
20 staff give declaration / sign declaration:
We the below mentioned employees with sign have no objection in working on 17 Oct 2011, as we dont have votings rights in Chennai, but our voting rights are in TN state. We would like to avail the holiday for voting in our constituency on the specified date as mentioned This declaration given on our own and not under any pressure or force.
Name of employees :: Constituency / CIty :: Date of election on which holiday is taken / compensated ::Signature
1. RAVI ;; villupuram ;; 19 oct 2011 ;;
2 SATISH ;; TRICHY ;; 20 OCt 2011 ;;
once this declaration is taken satish will take leave on 20 oct, and ravi on 19 oct ,,, whether ravi and satish really do go to their cities to vote or not is not headache of company,, but this will ensure that working staff is present on all days resulting in win win situation, so even company is not in trouble , in aurangabad maharashtra, earlier where i worked we had this case where our director had given holiday for employee to caste his vote on 20 oct (example date) whereas aurangabad had 17 oct (example date) as election day and that employee worked on 17 oct, but availed leave on 20 oct,,
Laws are always there we should find methods to adapt it to ourselves ,because indian laws are not changed at all,
From India, Madras
Dear Mr.Armathan
The holidays on the day of election to the Assembly and Parliamentary constituencies are declared based on the provisions of section 135B of the Representation of Peoples Act. But the elections to the local bodies whether it is a Corporation or a Municipality or a Panchayat(Panchayats of all types included) are held under different laws in each case. Originally in these laws regulating the elections to the local bodies, there was no provision similar to section 135B of the Representation of Peoples Act. But the Government of Tamilnadu had amended these laws which regulate the conduct of elections to local bodies on the lines of the provisions of section 135B of the Representation of Peoples Act, making it mandatory for the employers in Tamilnadu to grant leave to their employees on the date of elections to the local bodies. I am given to understand that the Government of Tamilnadu has issued a communication bringing to the notice of the employers, this provision. You may contact the Joint Commissioner of Labour or the Deputy Commissioner of Labour of your area to get the details. If you are in Chennai, the office of the Commissioner of Labour will give you the necessary information.
With regards
From India, Madras
The holidays on the day of election to the Assembly and Parliamentary constituencies are declared based on the provisions of section 135B of the Representation of Peoples Act. But the elections to the local bodies whether it is a Corporation or a Municipality or a Panchayat(Panchayats of all types included) are held under different laws in each case. Originally in these laws regulating the elections to the local bodies, there was no provision similar to section 135B of the Representation of Peoples Act. But the Government of Tamilnadu had amended these laws which regulate the conduct of elections to local bodies on the lines of the provisions of section 135B of the Representation of Peoples Act, making it mandatory for the employers in Tamilnadu to grant leave to their employees on the date of elections to the local bodies. I am given to understand that the Government of Tamilnadu has issued a communication bringing to the notice of the employers, this provision. You may contact the Joint Commissioner of Labour or the Deputy Commissioner of Labour of your area to get the details. If you are in Chennai, the office of the Commissioner of Labour will give you the necessary information.
With regards
From India, Madras
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135B-PAID HOLIDAY FOR ELECTION DAY.pdf