Representation of People Act, 1951

No, national holidays are published in official gazzettes not under any act.

the said act is an Act to provide for the removal of disqualifications for membership of, and voting at elections to, Parliament and State Legislatures, and for certain miscellaneous matters in connection with such elections.

Section 135B of The Representation of People Act,1951(known as Election Law along with Article 323 of the Constitution of India), says that every person employed in any trade,business, Industrial undertaking or any establishment, and eligible to vote at election to Lok Sabha or Legislative Assembly of a state shall on the day of poll be granted a paid holiday. This is a mandatory legal requirement under the above law. Therefore the law says that  all the shops and establishments shall be closed on the date of polling in the constituency where general election or bye-election is to be held. The aforesaid provision of R.P.Act further says if an employer transgress or violates Sec.135B , such employer shall be punishable with fine which may extend to Rs.500/- If election to the Lok Sabha or State Legislative Assembly is conducted other than Sunday or other closed holiday, a local holiday is usually declared by the State Government concerned on the day of polling. Whenever such holiday is declared by the State Government concerned, the Central Government Offices situated in such places should also be closed. Suppose , the day of polling does not fall on a Sunday or a public holiday , which is  already declared under the N.I. Act,1882, then the State Government concerned should direct its officials to give instructions to Business,Commercial and Industrial establishments in the private sector to declare a paid holiday for their employees on the day of polling.

Thank you both of you.

Hallo Elamaran you have given a detailed reply Thanks.

Thanks everybody for your kind inputs on this...

Jagdish Vasta

Is it possible to compensate a leave declared by government under section 135(B) . Could you please give a confirmation

Originally posted by : Ilamaran V
	Is it possible to compensate a leave declared by government under section 135(B) . Could you please give a confirmation

What do you exactly mean by compensate? Under 135B, you are required to give a paid holiday to your employee on the day of his election. You cannot ask him to work on any other day in lieu of such holiday.

Agreed, based on limited information in the query.