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ELECTION COMMISSION OF INDIA
No.78/2014lEPS
To
March, 2014
The Chief Secretaries to the Government of
All States/Union Territories.
The Chief Electoral Officers of
All States/Union Territories
The secretary to the Govt. of lndia, M/o personnel public
Grievances & Pensions, Department of personnel and
Training, North Block, New Delhi.
Subject: General Elections to the Lok sabh a, 2014 and General Etection to
the Legislative Assemblies of Andhra pradesh, odisha, Sikkim
and Arunachal Pradesh and Bye Elections io fill the clear
vacancies in Assembly constituencies of various states - Grant
of Paid Holiday - Regarding.
Sir/Madam,
I am directed to invite your attention to Section 13SB of the
Representation of the People Act, 1951 which provides for the grant of paid holiday
to the employees on the day of poll. The Section 1358 is reproduced below:-
(i) Every person employed in any business trade, industrial undertaking or any
other establishment and entitled to vote at etection to the House of the people or
the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.
(ii) 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 (l) 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.
1.
2.
3.
(iii) lf 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.
(iv) 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."
2. The above provisions require 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. However, there may be cases where a person is
ordinarily resident of the Constituency and registered as an elector, may be
serving/emptoyed in an industrial undertaking or an establishment located outside the
Constituency having a general/bye-election. lt is clarified that in such a situation,
even those electors including casual workers woiking outside the constituency
concerned would be entitled to the benefit of a paid holiday extended under Section
1358(1) of the Representation of the People Act, 1951 .
3. The daily wage/casual workers are also entitled for a holiday and wages on
poll day as provided in Section 1358 of the R.P. Act, 1951.
4. The Commission desires,that suitable instructions should be issued to all
concerned and a copy thereof be endorsed to the Commission, for information and
record.
5. The receipt of this letter may please be acknowledged.
Yours faithfully
(Sumit Mukherjee)
Secretary
Copy to concerned Zonal Sections

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Imp ins3 19032014

  • 1. By Camp Bag/Speed post ELECTION COMMISSION OF INDIA No.78/2014lEPS To March, 2014 The Chief Secretaries to the Government of All States/Union Territories. The Chief Electoral Officers of All States/Union Territories The secretary to the Govt. of lndia, M/o personnel public Grievances & Pensions, Department of personnel and Training, North Block, New Delhi. Subject: General Elections to the Lok sabh a, 2014 and General Etection to the Legislative Assemblies of Andhra pradesh, odisha, Sikkim and Arunachal Pradesh and Bye Elections io fill the clear vacancies in Assembly constituencies of various states - Grant of Paid Holiday - Regarding. Sir/Madam, I am directed to invite your attention to Section 13SB of the Representation of the People Act, 1951 which provides for the grant of paid holiday to the employees on the day of poll. The Section 1358 is reproduced below:- (i) Every person employed in any business trade, industrial undertaking or any other establishment and entitled to vote at etection to the House of the people or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday. (ii) 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 (l) 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. 1. 2. 3.
  • 2. (iii) lf 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. (iv) 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." 2. The above provisions require 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. However, there may be cases where a person is ordinarily resident of the Constituency and registered as an elector, may be serving/emptoyed in an industrial undertaking or an establishment located outside the Constituency having a general/bye-election. lt is clarified that in such a situation, even those electors including casual workers woiking outside the constituency concerned would be entitled to the benefit of a paid holiday extended under Section 1358(1) of the Representation of the People Act, 1951 . 3. The daily wage/casual workers are also entitled for a holiday and wages on poll day as provided in Section 1358 of the R.P. Act, 1951. 4. The Commission desires,that suitable instructions should be issued to all concerned and a copy thereof be endorsed to the Commission, for information and record. 5. The receipt of this letter may please be acknowledged. Yours faithfully (Sumit Mukherjee) Secretary Copy to concerned Zonal Sections