North Block, New Delhi
Dated the 6th June, 2016

OFFICE MEMORANDUM

Subject: Bye Election to fill the casual vacancy from 40 – Anantnag in the
Legislative Assembly of Jammu & Kashmir – Grant of Paid Holiday to employees on the day of poll -regarding

The undersigned is directed to say that in connection with the Bye Election to
fill the casual vacancy from 40 – Anantnag in the Legislative Assembly of Jammu
& Kashmir – Grant of Paid Holiday – to be held on 19th June, 2016, the following guidelines, already issued by DOPT vide OM No. 12/ 14/99-JCA dated 10th October 2001, which would have to be followed for closing of the Central Government Offices including Industrial Establishments in the State of Jammu & Kashmir.

(i) The relevant offices / organizations shall remain closed in the notified areas where Bye Election to the State Legislative Assemblies scheduled to be conducted.

(ii) In connection with bye-elections to State Assembly, only such of the employees who are bona fide voters in the relevant constituency should be granted special casual leave on the day of polling. Special Casual leave may also be granted to an employee who is ordinarily a resident of constituency and registered as a voter but employed in any Central Government Organization/ Industrial Establishment located outside the constituency having a general/ bye-election.

2. The employees detailed on election duty may also be permitted to remain away
from their normal duties on polling day(s) as also on the days required for performing journeys which might be undertaken in order to perform such election duty

3. The above instructions may be brought to the notice of all concerned.

(K. Salil Kumar)
Under Secretary to the Government of India

Government Ciruclar

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F. No.12/3/2016-JCA 2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
Establishment (JCA-2) Section

North Block, New Delhi
Dated February 10, 2016

OFFICE MEMORANDUM

Subject: Bye Election to the State Legislative Assemblies of Uttar Pradesh, Madhya Pradesh, Karnataka, Bihar, Telangana, Maharashtra, Punjab and Tripura — Grant of Paid holiday – regarding

The undersigned is directed to say that in connection with the Bye Election to the State Legislative Assemblies of Uttar Pradesh, Madhya Pradesh, Karnataka, Bihar, Telangana, Maharashtra, Punjab and Tripura, scheduled to be held in February, 2016, the following guidelines, already issued by this Department vide Office Memorandum No. 12/14/99-JCA dated 10.10.2001, have to be followed inrespect of the Central Government Offices, including Industrial Establishments in the States : –

In connection with bye-election to State Assembly, only such of the employees who are bona-fide voters in the relevant constituency should be granted special casual leave on the day of polling. Special Casual leave may also be granted to an employee, who is ordinarily a resident of constituency and registered as a voter, but employed in any Central Government Organization/ Industrial
Establishment located outside the constituency having the bye-election.

2. The above instructions may please be brought to the notice of all concerned.

(Raju Saraswat)
To Under Secretary

Source: www.persmin.gov.in

ELECTION HOLIDAYS 2016 DOPT ORDERS

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OFFICE OF THE CHIEF ELECTORAL OFFICER
OLD ST. STEPHENS COLLEGE BUILDING,
KASHMERE GATE, DELHI-110006

No. CEO/B&A (109)(50)/2009-LA/24025-24272

Dated: 02-03-2015

CIRCULAR

This office is in receipt of various representations from different departments/ individuals and RTI applications regarding payrnent/admissibility of Travelling Allowance (from residence to temporarily place of duty) to those who were deputed for Election Duty in various cells of District Election Offices or CEO (HQ) for a longer period.

In this regard, this office has received an endorsement from Dte. of Training & Technical Education, Govt. of NCT of Delhi vide which Finance Department, Govt. of NCT of Delhi has clarified that:-

“Travelling Allowance is not admissible for the journey performed by officers/officials from their residence to the temporary duty point. However, they are entitled to Travelling Allowance, provided they performed any local journey in connection with official duty from the temporary duty point, will be regulated as per SR-71”.
Therefore all the Head of Departments/Nodal Officers, Govt. of India, Govt. of NCT of Delhi, all autonomous bodies, District Election Officers/SDM (Elections) are hereby requested to settle the Travelling Allowance Claims for election duty as per Opinion given by the Finance Department, Govt. of NCT of Delhi. The cases already settled may also be reviewed accordingly.

This issues with the prior approval of Chief Electrol Officer, Delhi

(A.K. SRIVASTAVA)
DY. CHIEF ELECTORAL OFFICER

CGDA’s forwarding letter:-

Controller General of Defence Accounts
Ulan Batar Fload, Palam, Delhi Cantt- 110010

No. AN/XIV/19015/Govt. Orders/2015

07.04.2015

All PCsDA/CsDA

Sub: Payment of Travelling Allowance (from residence to temporary place of duty) to those who were deputed for Election Duty in various cells of District Election Offices or CEO (HQ) for a longer period-admissibility-regarding.

A copy of Office of the Chief Electoral Officer, Old St. Stephens College Building, Kashmere Gate, Delhi-06 Circular No. CEO/B&A (109)(50)/2009- LA/24025-24272 dated 02.03.2015 on the above subject is forwarded herewith for your information, guidance and necessary action please.

– CGDA PDF

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Election Commission has issued orders on General Election to the State Legislative Assembly of NCT of Delhi 2015, grant of paid holiday to employees on the day of poll under section 135B of Representation of the People Act 1951. The order is reproduced and given below for your ready reference…

ELECTION COMMISSION OF INDIA

No.78/2015/EPS

Dated: 20th January, 2015

To
1. The Chief Secretary to the Government of NCT of Delhi,Delhi.
2. The Chief Electoral Officer,Delhi.
3. The Secretary to the Govt, of India, M/o Personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.

Subject:- General Election to the State Legislative Assembly of NCT of Delhi, 2015 – Grant of paid holiday to employees on the day of poll – Regarding.

Sir,
I am directed to invite your attention to 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 poll. The Section 135B is reproduced below:-

“135B. Grant of paid holiday to employees on the day of poll.

(1) 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.

(2) 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 (I) 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.

(3) If 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.

(4) 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 the electors who are employees of establishments and shops including those who work on shift basis shall be granted a paid holiday on the day of poll in the Constituency where a general election is to be held. Further, 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 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 Section 135B(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 135B 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 its information and record.

5. The receipt of this letter may please be acknowledged.

Yours faithfully
sd/-
(Sumit Mukerjee)
Secretary

Download original order – Click here

Authority: www.eci.nic.in

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F.No. 12/7/2014-JCA2
Government of India,
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 19th January, 2015

OFFICE MEMORANDUM

Subject: Closing of Central Government Offices in connection with general elections to the Legislative Assembly of NCT of Delhi, 2015.

The undersigned is directed to say that in connection with the general election to the Legislative Assembly of NCT of Delhi, to be held on 7th February, 2015, the following guidelines, already issued by DOPT vide OM No. 12/ 14/99-JCA dated 1oth October 2001, have to be followed for closing of the Central Government Offices including Industrial Establishments in NCT of Delhi.

(i) The relevant offices / organizations shall remain closed in the notified areas where general elections to the Legislative Assembly of NCT of Delhi, scheduled to be conducted.

(ii) In connection with bye-elections to State Assembly, only such of the employees who are bonafide voters in the relevant constituency should be granted special casual leave on the day of polling. Special Casual leave may also be granted to an employee who is ordinarily a resident of constituency and registered as a voter but employed in any Central Government Organization/Industrial Establishment located outside the constituency having a general/bye-election.

2. The above instructions may be brought to the notice of all concerned.

sd/-
(K. Kipgen)
Director (JCA)

Source document : www.persmin.gov.in

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MOST IMMEDIATE

F.NO.12/7/2014-JCA 2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 3rd September, 2014

OFFICE MEMORANDUM

Subject: Closing of Central Government Offices in connection with Bye-Elections to the Parliamentary Constituencies and Assembly Constituencies in State Assemblies etc, during September, 2014.

The undersigned is directed to say that in connection with the Bye-Elections to the Parliamentary Constituencies from the State of Andhra Pradesh, Gujarat and Uttar Pradesh and Assembly Constituencies in various State Assemblies scheduled to be held in during September, 2014, the guidelines already issued by Department of Personnel & Training vide OM No.12/14/99-JCA dated 10th October, 2001 (copy enclosed) have to be followed for closing of the Central Government Offices including Industrial Establishments in the States.

These instructions may be brought to the notice of all concerned.

sd/-
(Ashok Kumar)
Director (JCA)

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/12_7_2014-JCA-2_03092014.pdf]

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