The Election Commission of India, vide its letter no. 78/2011/EPS, dated 10thJanuary, 2012, had issued instructions to the Chief Secretaries of the States of Goa, Manipur, Punjab, Uttar Pradesh and Uttarakhand and the Secretary to Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, inviting their attention to the provisions of Section 135B of the Representation of the People Act, 1951, which provides for the grant of paid holiday to the employees on the day of the poll.
The Commission has reiterated that the above mentioned Section of the RP Act, 1951 requires 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/ employed in an industrial undertaking or an establishment located outside the Constituency having a general/ bye-election. It is clarified that in such a situation, even those electors including casual workers working outside the constituency concerned would be entitled to the benefit of a paid holiday extended under the Section 135B(1) of the Representation of the People Act, 1951. For example, the voters in the State of U.P. will be entitled to get a paid holiday from their employers, even if their location of employment is in Delhi or any other State.
The daily wage/casual workers are also entitled for a holiday and wages on poll day as provided in Section 135B of the R.P. Act, 1951.