New Delhi/Bhubaneswar: All government and private employees are entitled to get a paid holiday on the day of by-election to Padampur assembly constituency scheduled for December 5.
Besides Padampur in Odisha, by-elections six Assembly Constituencies in other States (Rajasthan, Bihar, Chhattisgarh, and Uttar Pradesh) and one Parliamentary Constituency from Uttar Pradesh will be held on same date.
The Election Commission of India (ECI) has written to the State governments where bypolls are scheduled to be held on December 5.
In a letter to the chief secretaries and chief electoral officers of respective states, the ECI stated that section 135-B of the Representation of the People Act, 1951 provides for the grant of paid holiday to the employees.
“ Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday,” the letter read.
The poll body further stated that 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.
If an employer contravenes the provisions, then such employer shall be punishable with fine, it added.
However, the section is not applicable in case of an elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged, the letter clarified.
The daily wage, casual workers are also entitled for a holiday and wages on poll day as provided in section 135B of the RP Act, 1951, the Commission said.