Election to Lok Sabha or Legislative Assembly- Local
Holiday(s) on the polling day(s) by the State
Governments and Central Government- Request for
declaring holiday under Negotiable Instruments Act,
Election Commission's letter No. 78/84, dt. 9th
November, 1984 to Chief Secretaries/Chief Electoral
Officers and Ministry of Law and Justice.
Subject : General Election to Lok
Sabha or Legislative Assembly Local Holiday (S) on
the polling day (S) by the State Government and
Central Government Request for declaring holiday
under Negotiable Instruments Act, 1881.
I am directed to state that in connection with
elections, it has been the practice of both the
Central and State Governments to declare the polling
day or days as holidays under the Negotiable
Instruments Act, 1881. Such a course is necessary to
make it convenient for every voter to exercise his
right of franchise in the election. The Ministry of
Home Affairs (Department of Personnel and
Administrative Reforms), Government of India, has
also been taking similar action in respect of the
offices under the administrative control of the
Government of India located in the States.
2. In cases, the day of the poll does not fall on a
Sunday or a public holiday, already declared as such
under the Negotiable Instruments Act, 1881, the
working classes may not get sufficient opportunity to
exercise their franchise. In such cases, it is
requested that the State Governments should declare
the day of the poll as a public holiday under the
Negotiable Instruments Act, 1881.
As regards Commercial and Industrial establishments
and shops to which the public holidays under the
Negotiable Instruments Act do not apply, it is
suggested that the State Governments should direct
their Labour Commissioners to issue instructions to
Commercial and Industrial establishments in the
private sector to declare a paid holiday for their
workers on the day or days of the poll.
3. The Municipal Corporations, Municipal Committees
and other local bodies may also be asked to take
4. It may also be considered whether under the Shops
And Commercial Establishments Act, the day or days of
the poll in any constituency may be declared as a
closed holiday for all shops and commercial
establishments in the constituency instead of the
usual day/days observed by them as closed holidays
during the week.
5. Again under section 52 of the Factories Act, 1948,
factories may be asked to declare the weekly holiday
on the day of the poll in the constituency in which
establishments are situated instead of the first day
of the week as provided in the section.
6. There may be appreciable number of electors
ordinarily resident in one area but having the place
of work in another area. For example, persons may be
commuting daily long distance to reach places of
their occupation or work in cities like Delhi,
Bombay, Calcutta and Madras and the date of poll may
be different in respect of their place of residence
and the place of their work. In such cases, such
voters should be given special leave or maximum
facilities to exercise their right to vote.
The Commission desires that action on the above lines
may be taken and a copy of each of the orders issued
by the State Government may be endorsed to it for its
information and record.
8. The Commission's communication in its letter No.
78/79, dated 24th November, 1979, may be treated as
9. The receipt of this letter may kindly be
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