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Jaypee University of Information Technology

Employers to be fined for not giving paid holiday on day of polls : CEO

Chief Electoral Officer (CEO), Himachal Pradesh, Maneesh Garg said here today that to ensure maximum participation of voters, a paid holiday has been declared on the poll day i.e, 1st of June 2024 to enable all the employees working in Government Offices, Boards, Corporations, Educational Institutions and Industrial Establishments situated in the State to exercise their right to franchise. This will also be a paid holiday to daily wage employees and also within the meaning of Section 25 of Negotiable Instruments Act, 1881. This follows in line with the directions of Election Commission of India (ECI) and a notification has also been issued by the Government of Himachal Pradesh in this regard. These instructions will also be applicable to the employees working in commercial and industrial establishments to which the provisions of Negotiable Instruments Act does not apply.

The CEO said that the Labour Commissioner-cum-Chief Inspector of Factories has also issued instructions in this regard to the Assistant Director Factories, Una, Solan and to all the Labour Officers in Himachal Pradesh. The Inspectorate of factories has also drawn their attention to the provision of Section 135-B of Representation of the People Act, 1951 where a provision of grant of paid holiday to employees on the day of poll has been made. In addition to this, all the District Election Officers (DEOs/DCs) in Himachal Pradesh have also been directed to monitor that every employee, especially the daily waged workers or labourers of unorganized sector are also given paid holiday on the Poll day.

He said that every person employed in any business, trade, Industrial undertaking or any other establishment and entitled to vote during the elections to the House of the People or the Legislative Assembly, shall be granted paid holiday on the day of the poll. No deduction or reduction of the wages of any such person shall be made on account of such holiday. If any person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless have to be paid the wages he would have drawn had not a holiday been granted to him on that day. He further said that if an employer contravenes the provisions of the Act, action can be taken against him for the violation under the relevant provisions of law.

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