Definitions and Regulations for Establishments under Indian Labor Law, Study notes of Business

Download Definitions and Regulations for Establishments under Indian Labor Law and more Study notes Business in PDF only on Docsity! 1 C.G. SHOPS & ESTABLISHMENTS ACT, 1958 [Act No. 25 of 1958] Received the assent of the President on the 20th September, 1958: Assent f first published in the Madhya Pradesh Gazette on the 3rd October, 1958 As amended subsequently b y the following g : - 1 . M . P . Act No . 1 9 of 1967; 3 . M . P . Act No . 2 3 of 1990, w . e . f . 5 - 11 - 1990; 2 . M . P . Act No . l0 of 1 982; 4 . M . P . Act No . l7of 1995, w . e . f . 1 - 8 - 1995. An Act to provide for the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusements o r entertainment and other establishments. Be it enacted by the Madhya Pradesh Legislature in the Ninth Year of the Republic of India as follows: - CHAPTER 1 PRELIMINARY 1 . Short title, extent, operation and application — (1) This Act may be called the Madhya Pradesh Shops and Establishments Act, 1958 . (2) It extends to the whole of Madhya Pradesh. (3) It shall come into force on such date’ as the Government may, by notification appoint in this behalf . (4) This Act shall apply in the first instance to the local areas specified in Schedule I . The State Government ma y, b y notification, direct that all or an y of the pro visions of this Act shall apply to any other local area as may be specified in the - notification on such date as ma y fixed therein and different dates ma y be fixed for different provisions o f this Act and for different classes of establishments . 2 2 . Definitions — In t his Act unless there is anything repugnant in the subject or context — (1) “Apprentice” means a person who is employed, whether on payment of wages or not, for the purpose o f being trained in an y trade, craft, business o r employment in any establishment; (2) “child” mea ns a person who is below fourteen years; (3) “closed” mean s not open for the service of any customer, or for any business of the establishment or for any work connected with the establishment; (4 ) “Commercial Establishment” mea ns an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary t o, an y business, trade or profession and includes – (a) a society registered or deemed to have been registered under the Madhya Pradesh Societies Registration Act, 1 959 (1 of 1960)2, and a charitable or other trust, whether registered or not which carries on whether f or gain or not, any business, trade or profession or work in connection with or incidental or ancillary to such business, trade or profession; (b) an establishment which carries on the business of advertising, commission agency, forwarding or commercial agency or which is a clerical department of a factory or of any industrial or commercial undertaking; (c) an insurance company, joint stock company, bank , broker’s office and exchange; but does not include a factory, shop , residential hotel, restaurant, eating - house, theatre or other place of public amusement or entertainment; (5) “ day ” means t he period of t went y - four h ours beginning at midnight: Provided that in the case on an employee whose hours of work extend be 5 allowed the benefits provided for workers under the Factories Act, 1948 (63 o f 1948); (24) “shop” means any premises where goods are sold, either by retail or wholesale or both or where services are rendered to customers, and includes an office, a store room, go down, warehouse or workplace whether in the same premises or otherwise used in connection with such trade or business but does includes factory, a commercial establishment, residential hot el, restaurant, eating - house, theatre, or other place of public amusement or entertainment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (63 o f 1948); (25) “spread-over” means the period between the commencement and the termination of the work of an employee on any day; (26) “theatre” includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by mea ns of a cinematograph or other suitable apparatus or for a dramatic performance or for any other public a muse mentor entertainment; (27) “wages” means wages as defined in the Payment of Wages Act , 1936 (4 of 1936); (28) “week” means the period of seven days beginning at midnight of Saturday; (29) “year” means a year commencing on the first day of April; and (30) “young person” means a person who is not child and has not completed his seventeenth year . 3. Act not applicable to certain persons and establishment — (1) Nothing in this Act shall apply to – (a) persons occupying positions of management and declared as such under clause (a) of sub-section (2) of section 6 or employed in a confidential capacity not exceeding ten percent of the total number of the employees in the establishment or three in number, whichever is less; (b) persons whose work is inherently intermittent such as traveler, canvasser , a watch man or a caretaker; (c) persons exclusively engaged in preparatory or complementary work, such as clearing or forwarding clerks, responsible for the dispatch of goods by rail or other means of communication and for customs formalities or messengers; (d) persons exclusively employed in the collection, delivery or conveyance of goods; 6 (e) offices of Union or State Government or of local authorities and of the Reserve Bank of India, the State Bank of India and the Life Insurance Corporation ; (f) establishment for the treatment or the care of the sick, in firm, destitute or mentally unfit; (g) bazars, fairs or exhibitions for the sale of works for charitable or other purposes from which no profit is derived; (h) stalls and refreshment rooms at railway stations, or railway dining cars; (i) …….. (j ) clubs not being residential clubs; and (k) any other class of establishments or class of persons which the Government may, by notification, exempt from the operation of this Act: Provided that if in the opinion of the State Government the circumstances existing in any particular class of cases hereinbefore mentioned requires that all or any of the pro visions of this Act should be extended thereto, the State Government may, by notification extend to such class of cases all or any of the provisions of this Act and thereupon such pro visions shall apply to such class of cases. (2) The Government my, by notification, direct that any or all of the provisions of this Act shall, subject to such terms and conditions as may be specified in such direction not apply to such classes of establishment or class of persons as may be specified therein . 4. Application of Act to other establishments and persons -- (1) Notwithstanding anything contained in this Act the Government may, by notification, declare any establishment or class of establishments to which or any person or class of persons to whom this Act or any of the provisions thereof does not for the time being apply, to be an establishment or class of 7 establishment or a person or class of person to which or whom this Act or any provision thereof shall apply from such date as may be specified in the notification . (2) On such declaration under sub-section (1), any such establishment or class of establishments or such person or class of persons shall be deemed to be an establishment or class of establishments to which or to be an employee or class of employees to whom this Act applies and all or any of the provisions of this Act shall apply to such establishment or class of establishments or to such employee or class of employees. 5. Suspension of all or any of the provisions of this Act — The Government may suspend by order notified in the Gazette, the operation of all or any of the provisions of this Act for such period and subject to such conditions as it deems fit on account of any festivals or other special occasions, 10 CHAPTER III SHOPS AND COMMERCIAL ESTABLISHMENTS 9. Opening and closing hours -- (1) No shop or commercial establishment shall on any day : - (a) be opened earlier than such hour as may be fixed by the Government by a general or special order in this behalf; (b) be kept open later than such hour as may be fixed by the Government by general or special order in this behalf: Provide that any custom; who was being served or was waiting to be served at the closing hour so fixed in any shop may be served in such shop during half hour immediately following such hour. (2) The Government may fix different opening or closing hours for different classes of shops and commercial establishments or for different area or for different periods of the year. 10. Haw king prohibited before opening and after closing hours of shops - (1) No person shall carry on in or adjacent to a street or a public place the sale of any goods before the opening and after the closing hours fixed under section 9 for the shops dealing in the same class of goods in the locality in which such street or public place is situate: Provided that nothing in this section shall apply to the sale of news papers. (2) Any person contravening the provisions of sub-section (1) shall be liable to have his goods seized by an Inspector. (3) The goods seized under sub-section (2) shall be returned to the persons from whom they were seized on his depositing rupees ‘[fifty] as security for his appearance in the Court. (4) If the person fails to make the de posit, the goods seized shall be produced without delay before a Court, who may give such directions as to their temporary custody, as it thinks fit. (5) Where no prosecution is instituted for contravention of the 11 provisions of sub-sect ion (1) within such period as the Court may fix in this behalf the Court shall direct their return to the person from who m the y were seized . (6) Subject to the provisions of the preceding sub-section, the provisions of Code of Criminal Procedure, 1898 (No. V 189 8)2 shall so far as they may be applicable, apply to the disposal of the goods seized under this Section. 11. Hours of work in shops and commercial establishments — (1) (a) No employee in any shop or commercial establishment shall be required or allowed to work for more than 48 hours in a week. (b) Subject to clause (a) no employee shall be required to work — (i) in any shop, for more than nine hours on any day; (ii) in any commercial establishment, for more than ten hours on any day. (2) Any employee may be required or allowed to work in a shop or commercial establishment for any period in excess of the limit fixed under subsection (1) if such period does not exceed six hours in any week. (3) On not more than six days in a year, which the Government may fix by rules made in this behalf, for purposes of making of accounts, stock - taking, settlements or other prescribed occasions, any employee may be required or allowed to work in a shop or commercial establishment in excess of the period fixed under sub - section (1) if such excess period does not exceed twenty four hours. 12. Spread - over in shops and commercial establishments -- The spread -over of an employee in a shop or commercial establishment shall not exceed twelve hours on a day: Provided that in cases where any shop or commercial establishment is on any day entirely closed for a continuous period of not less than three hours, the spread over shall not exceed thirteen hours on that day: Provided also that where an employee works on any day in accordance with the provisions of sub-section (2) of Section 11, the spread - over shall not exceed fourteen hours on any such day and where he works on any day in 12 accordance with the provisions of sub-section (3) of the said section, the spread over shall not exceed sixteen hours, on any such day: Provided further that the Government may increase the spread-over period subject to such conditions as it may think fit either generally in the case of commercial establishments or in the case of a class of commercial establishments . 13 .Holidays in a week in shops and commercial establishments -- (1) Every shop and commercial establishment shall remain closed on one day of the week. The employer shall fix such day at the beginning of the year, notify it to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the shop or commercial establishment. The employer shall not alter such day more often than once in three months shall notify the alteration to the Inspector and make the necessary change in the notice in the shop or commercial establishment. Provided that where any shop or commercial establishment comes after the beginning of any year within the purview of this Act, for the first time the employer shall also fix such day of the week on which the shop or commercial establishment shall remain closed and notify it to the Inspector within one month of the date on which the shop or establishment so comes within the purview of this Act. (2) If any day notified as a holiday under sub -section (1) happens to be a day of public festival, the employer may keep the shop or commercial establishment open on such day but in that even the shall keep the shop or commercial establishment closed on some other day within three days before or after the date of such public festival and give notice of the change to the inspector at least seven clear days before the day of such public festival. (3) It shall not be lawful for an employer to call an employee at, or for any employee to go to, his shop or commercial establishment or any other place for any work in connection with the business of his shop or commercial establishment on a day on which such shop or commercial establishment remain closed. 15 hotel, or restaurant or eating-house for an y period in excess of the limit fixed under subsection (1) if such additional period does not exceed six hours in any week. (3) Notwithstanding anything contained in sub-section (1) and (2) an employee may be required or allowed to work in a residential hotel, restaurant or eating-house on the day which may be notified under sub-section (3) of section 14 in excess of the period fixed under sub-section (1) if such additional period does not exceed three hours on any day. 17 . Spread - over — The spread -over of an employee in a residential hotel, restaurant or eating - ho use shall not exceed fourteen - hours: Provided that the Government may increase the spread -over period subject to such conditions as it may impose on the days that ma y be notified under sub - section (3) of section 14 . 18 . Holidays in a week -- (1) Every employee in a residential hotel, restaurant or eating - house shall be given at least one day in a week as a holiday: Provided that nothing in this sub -section s hall apply to an employee whose total period of employment in an y week is less than six days . (2) It shall not be lawful for an employer to call an employee at, or for an employee to go to, his residential hotel, restaurant or eating - house or an y other place for any work in connection with the business of his residential hotel, restaurant or eating - house on a day on which such employee has a holiday . (3) No deduction shall be made from the wages of any employee in a residential hotel, restaurant or eating house on account of any holiday given to hi m under sub - section (1) . If an y employee is employed on a daily wage, he shall nonetheless be p aid wages for the weekly holiday equal to the average of the daily wages earned by him during preceding six working days . 18A . Employers in residential hotel, etc . to furnish identity card to employees — The employer shall furnish every employee in a residential hotel, restaurant or eating house an identity card which shall be kept by the employee when on duty and shall be produced on demand by an Inspector . Such card shall contain the following and such other particulars as may be prescribed, namely: - (a) the name of the employer; 16 (b) the name if any, an d the postal address, of the establishment; (c) the name and age of the employee; (d) the hours of work, the interval for rest, if any and the holiday of the employee; (e) the signature (with date) of the employer ; (f) the identity mar k of an employee; and (g) signature or thumb - impression of the employee . 17 CHAPTER V THEATRES OR OTHER PLACES OF PUBLIC AMUSEMENT OR ENTERTAINMENT 19 . Closing hour of theatres or other places of public amusement or entertainment -- Not withstanding anything contained in for the time being in force, no theatre or other place of entertainment shall, on any day, be closed later than 1 AM. any other enact public amusement or 1 a.m. 20 CHAPTER VI EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND WOMEN 24 . No child to work in any establishment -- No child shall be required or allowed to work whether as an employee or otherwise in an y establishment not withstanding that such chi ld is a member of the family of the employer . 25 . Young persons and w omen to work between 7 a . m . to 9 p. m . -- No young person or women s hall be required or allowed to work whether as an employee or other wise in any establishment before 7 a . m. and after 9 p . m. notwithstanding that such young person or women is a member of the family of the employer . 25A . Daily hours of work for young person -- (1) Not withstanding anything contained in this Act, no young per son shall be required or allowed to work whether as an employee or otherwise, in an y establishment for more than five hours in any day. (2) No young person, shall be required or allowed to work whet her as an employee or other wise, in an y establishment for more than three hours in any day unless he had an interval for rest of at least half an hour . 25B . Prohibition of employment of young persons and w omen in dangerous work -- No young person or woman working in any establishment, whether as an employee or otherwise, shall be required or allowed to perform such work as ma y be declared b y the State Government, b y notification, to be work involving danger to life, health or morals . 21 CHAFFER VII LEAVE WITH PAY AND PAYMENT OF WAGES 26 . Employee’s right f or casual and privilege leave -- (1) A person employed in an establishment to which this Act applies shall be e n titled – (a) after every 12 month’s continuous employment, to privilege leave for a total period of o ne month; and (b) in every year to casual leave for a total period not exceeding 14 days: Provided that the leave under sub - clause (a) shall not at an y ti me accumulate for a total period exceeding 3 months: Provided further that holidays under sections 13, 1 8 or 2 3 falling during the period of such leave shall be included in the leave so granted: Provided further that casual leave shall not be combined with privilege leave . (2) If any employee entitled to leave under sub - section (1) is discharged b y his employer before he has been allowed leave or if, having applied for and been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay hi m the amount payable under section 27 in respect o f the leave . (3) If any employee entitled to leave under sub -section (1) is refused the leave, he ma y give intimation to the Inspector or any other officer authorised in this behalf by the Government regarding such refusal. The Inspector shall enter such information in a register kept in such form as may be prescribed . Explanation — An employee shall be deemed to have completed a period of twelve month’s continuo us service in an establishment notwithstanding any interruption in the service during those twelve months brought about by sickness, accident or authorised leave not exceeding ninety days in the aggregate for all three, or by a lockout or b y a strike which is not an illegal strike, or b y intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate, and authorised leave shall be deemed not include an y weekly holiday allowed under this Act which occurs at the beginning or end of an interruption brought about b y the leave . 27 . Pay during leave -- Every employee shall be paid for the period of his leave at a rate equivalent to the daily average of his wages for the days on 22 which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime . 28 . Payment w hen to be made -- An employee who had been allowed leave under section 2 6 shall before his leave begins, be paid half the total amount due to hi m for the period of such leave. 29 . Power of Inspector to act for worker -- Any Inspector may institute proceeding on behalf of any employee in a n establishment to which this Act applies to recover any sum required to be paid under this Chapter by an employer which the employer has not paid. 30 . Application and amendment of the Payment of Wages Act — (I) ‘[Notwithstanding anything contained in the Payment of Wages Act 1936 (No . IV of 1936), (hereinafter referred to in this section as the said Ac t,) the State Government may, by notification, direct that subject to the provisions of subsection (2) all or any of the provisions of the said Act shall apply to all or any establishment or t o all or an y class of employees to which or who m this Act for the time being applied. (2) On the application of provisions o f the said Act to any establishment or to any employee under sub -section (1), the Inspector, appointed under this Act, shall be deemed to be the Inspector for the purposes of the enforcement of the pro visions of the said Act within the local limits of his jurisdiction. 25 Government may appoint some person to perform it and may direct that the expense of perform it shall be paid forthwith by the local authority. (2) If the expense an d remuneration are not so paid , the Government may notwithstanding anything contained in any law relating to t he municipal fund or local fund or any other law for the time being in force, make an order directing the bank in which any moneys of the local authority are deposited or the person in charge o f the local Government Treasury or of any other place of security in which the moneys of the local authority are deposited , to pay such expense and remuneration from such moneys as may be standing to the credit of the local authority in such ban k or may be in the hands of such person or as may from time to time be received from or on behalf of the local authority by way of deposit by such bank or person; and such bank or person s hall be bound to obey such order . Every payment made pursuant to such order shall be sufficient discharge to such bank or person from all liability to the local authority in respect of any s u m or sums so paid by it or him out of the moneys of the local authority so deposited with such bank or person. 39 . Expenses of local authority to be paid out of its fund --Notwithstanding anything contained in any enactment in regard to an y municipal or local fund, all expenses incurred by a municipality or local authority under and f or the purposes of this Act, shall be paid out of the municipal or local fund, as the case may be. 40. Appointment of Inspectors — (1) Ever y local authority empowered under section 34 shall appoint a sufficient number of persons with the prescribed qualifications as Inspectors for the area subject to its jurisdiction, as it ma y deem fit, for the purpose of carrying out the pro visions of this Act . (2) The Government may, by notification, appoint such persons having the prescribed qualifications, as it thinks fit, by name or virtue of office to be Inspector for the purposes of this Act within such local limits and for such classes of establishments, as it may assign t o each such person . 41. Powers and duties of Inspectors — (I) Subject to any rules made by the Government in this behalf, an Inspector may, within the local limits for which he is appointed —enter, at all reasonable times and with such assistants, if any, being person in the service of the Government or of any local authority, as he thinks fit, any place which is or which he has reasons to believe is an establishment; (a) make such examination of the premises and of an y prescribed registers, records and notices and take o n the spot or otherwise evidence of any persons, as he may deem necessary, for carrying out the purposes of this Act; and (b) exercise such other powers, as ma y be prescribed or may be necessary for carrying out the purposes of this Act: Provided that no one s hall be required under this section to answer any question or give any evidence tending to criminate himself . (2) For the purposes of investigation of offences under this Act, an Inspector shall have the same powers as an officer -in - charge of a Police Station has under the Code of Criminal Procedure, 1898 (V of 1898)1 for investigation of the cognizable offences except that he shall not have the power of arrest . 42 . Inspectors t o be public servants — Ever y Inspector appointed under section 40 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (X LV of 1860). 43. Employer to produce registers, records, etc . f or inspection -- Every employer shall on demand produce for inspection of an Inspector all registers, records and notices required to be kept under and for the purposes of this act. 26 CHAPTER X OFFENCES AND PENALTIES 44. Contravention of certain provisions and offences -- (a) If any employer fails to send to the Inspector of the area concerned a statement within the period specified in section 6 or to notify a change within the period specified in section 7 or to notify the closing of his establishment under section 8; or (b) If in any establishment there is any contravention of the pro vision of section 9, 13, 14 , 1 5, 19, 20, 31, 32, or 33 or any orders made t hereunder; or (c) If in any establishment an y person is required or allowed to work in contravention of sections 11, 12, 16, 17 , 18 , 21, 22 , or 23; or (d) If in an y establishment a child, young person or woman is required or allowed to work in contravention of sections 24, 25A or 25 B; or (e) If any employer contravenes the provisions of section 43, 54, 57 or 58; or (f) If in any establishment there is any contravention of any section, rule or order for which no specific punishment is provided in t his Act; the employer and the manager shall, on conviction, each be punished with fine which shall not be less than 3[fifty rupees] and which ma y ext end to 4[five hundred rupees . Provided that if the contravention of the provisions of sub- section (2) and (5) of section 6 is continued after the expiry of the tenth day after conviction, the employer shall on conviction be punished with a further fine which ma y extend to fifty rupees for each d ay o n which the contravention is so continued; 45. Contravention of section 10 -- If any person contravenes, the provisions of section 10 he shall, on conviction, be punished with fine which may extend to one hundred rupees. 46. Employees contravening sections 13(3), 18, 25 and 57 — If an employee contrave nes the provisions of sub -section (3) of section 13 or sub - section (2) of section 18 or sub -section (2) of section 25 or section 57, he shall, on conviction be punished with fine which may extend to fifty rupees . 47. False entries by employer and manager -- (1) If any employer or manager with intent to deceive, makes or causes or allows to be made, in an y register, record or notice prescribed to be maintained under the provisions of this Act or the rules made thereunder, on entry which, to his knowledge, is false in any material particular, or wilfully omits, or causes or allows to be o mitted, from any such register, record or notice, an entry which is required to be made therein under the pro visions of this Act or the rules made thereunder, or maintains or causes or allows to be maintained more than one set of any register, record or notice except the office copy of such notice, or sends or causes or allow to be sent, to an Inspector any statement, information or notice prescribed to be sent under the pro vision s of this Act, or the rules made thereunder which to his knowledge is false in an y material particular, on conviction, be punished with imprisonment not exceeding one year or with fine which ma y extend to o ne thousand ru pees or with both . 27 (2) An offence under sub -section (1) s hall be triable by a Court of Judicial Magistrate of competent jurisdiction. 48. Enhance penalty in certain cases after previous conviction — If any employer who ha s been convicted of any offence under sub - section (1) of section 9 or section 11, 12, or 13 of sub - section (1) of section 14 or sections 16, 17, 18, 1 9, 21 , 22, 23, 24 , 25, 25A, 25 - B, 43, 2[4 9, 54 or 58] is again guilty of an offence involving contravention of the same pro vision he shall be punished on a subsequent conviction with fine which shall not be less than 3[fifty rupees] an d which may extend to one thousand five hundred rupees . 49. Penalty for obstructing Inspector — Whoever willfully obstructs an Inspector in the exercise of any power under section 41 or conceals or prevents any employee in an establishment from appearing before or being examined b y an Inspector, shall on conviction, be punished with fine which shall not be less than fifty rupees and which may extend to one thousand rupees. 50. Persons who may be liable to be prosecuted against and punished -- (1) Where the owner of an establishment is a firm or other association of individuals, all the partners or members thereof may be prosecuted and punished under this Act for any offence for which an employer in an establishment is punishable. (2) Where the owner of an establishment is a company, all the directors thereof, or in the case of a private company, all the share - holders thereof, may be prosecuted and punished under this Act for any offence f or which the employer in an establishment is punishable. (3) Notwithstanding anything contained i n sub -sections (1) and (2) where an offence under this Act has been committed for the first time the employer or the manager shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. 51. Cognizance of Offences — (1) No prosecution under this Act or the rules or orders made thereunder shall be instituted except by an Inspector and except with the previous sanction of local authority or any officer authorized by the Government in that behalf. (2) ………… 51A. Summary disposal of cases — (1) The Court taking cognizance of an offence under this Act shall, unless the offence is an offence under Section 47, 48 or 49, state up on the summons to be served o n the accuse d person that he – (a) may appear by a pleader and not in per son; or (b) may, by such date prior to the hearing of the charge as may be specified therein, plead guilty to the charge by a registered letter and remit to the Court such sum as the Court may, subject to the minimum and maximum limits of fine prescribed for the said offence, specify. (2) Where an accused person plead guilty and remits the sum in accordance with the provisions of sub - section (1), no further proceedings in respect of the offence shall be taken against him. 51B. Offences to be tried by Executive Magistrate -- Save as provided in section 4 7, the State Government may confer on any Executive Magistrate the power of a Judicial Magistrate of the First Class or the Second Class for the trial of offences under Act, and on such conferment o f powers the Executive Magistrate, on whom powers are so conferred shall be deemed for the purposes of the Code of Criminal Procedure, 1973 (No . 2 of 1 974), to be a Judicial Magistrate of the first Class or the Second Class, as the case may be . 52. Limitation of prosecutions — No Court shall take cognizance of an offence under this Act or any rule or order made thereunder unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector. 53 . Composition of offence -- (1) Subject to the conditions as may be prescribed, the Labour 30 and methods for ventilation under section 32; and prescribing such establishments as are to be exempted from the provisions of, and precautions against fire to be taken under section 33; (f) annual or periodical returns which shall be submitted to Government under section 36; (g) the qualifications of 1nspectcrs to be appointed under section 40 and the powers which such Inspectors shall exercise under section 41; (h) the registers an d records to be maintained and the notice to be displayed on the premises of the establishment under section 54; (i) the limit of hours of work under clause (c) of the Explanation to section 55; (j ) the authority to which and the time within which a n appeal ma y be filed by a dismissed , discharged or retrenched employee; (k) any other matter which is to be or may be prescribed . (3) The rules made under this section shall be subject to the condition of previous publication and, when so made shall be deemed, to be part of this Act. 60. Protection to persons acting under this Act -- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act. 61. Rights and privileges under other law, etc not to be affected —Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to at the date this Act comes into force in a local area, under any other law, contract custom or usage applicable to such establishment or any award, settlement or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more favorable to him than those to which he would be entitled under this Act . 62. Persons employed in factories to be governed by Factories Act, 1948 and not by this Act — Nothing in this Act shall be deemed to apply to a factory to which the provisions of the Factories Act, 1948 (No . 63 of 1948) apply: Provided that, where any shops or commercial establishments situated within the precincts of a factory is not connected with the manufacturing process of the factory, the provisions of this Act shall apply to it : Provided further that, the State Government may, by notification, apply all or any of the provisions of the Factories Act, 1948 ( No . 63 of 1948) to any shop or commercial establishment situate within the precincts of a Factory and on the application of that Act to such shop or commercial establishment, the provisions of this Act shall cease to apply to it . 63 . Provisions of the Workmen’s Compensation Act, to apply mutatis mutandis — The provisions of the Workmen’s Compensation Act, 1923 (V III of 1923) and of rules made there under shall mutatis mutandis apply to every employee of an establishment . 64 . Provisions of Provident Fund — Every employer shall, in accordance with the rules made by the Government, provide a provident fund for the benefit of every employee and shall contribute to this fund an amount equal to the amount contributed by the employee not exceeding six and a quarter percent of his wages: Provided that this section shall apply only to such places and such classes of employers as may be notified in this behalf by the Government . 65 . Repeal — As from the date appointed under sub-section ( 3) of section 1 the enactments specified in 31 Schedule II shall stand repealed: Provided that — (a) every appointment, order, rule, bye -law, regulation, notification or notice made, issued or given under the provisions of any enactment shall in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made , issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rule, bye - law, regulation, notification or notice made, issued or given under this Act; (b) any proceeding relating to the trial of any of offence punishable under the provisions of any enactment so repealed shall be continued and completed as if such enactment had not been repealed but had continued in operation and any penalty imposed in such proceedings shall be recovered under the enactment so repealed . SCHEDULE I [See section 1(4)] 1 . Limits of the Jabalpur Corporation . 2 . The Municipal limits of Raipur, Rajnandgaon, Khandwa, Burhanpur, Sagar, Raigarh , Bilaspur, Chhindwara, Seoni, Damoh, Katni -Murwara, Itarsi and Durg. 3 . Limits of the Sagar Cantonment . 4 . Bilaspur Railway Market Area . 5 . The Municipal (Corporation) limits of Indore and three miles around such limit . 6 . The Municipal (Corporation) limits of Lashkar, Gwalior, Morar including the industrial area . 7 . The Municipal limits of Ujjain, Madhonagar, Ashoknagar, Mandsaur, Vidisha, Dewas, Morena, Neemuch , Guna, Badnagar and Khargone . 8 . The Municipal limits of Ratlam and two miles around such limits . 32 SCHEDULE II [See section 65] No . and year of enactment Name of enactment No . 2 2 of 19 47 The Central Provinces and Berar Shops and Establishments Act, 19 47 No . 7 of 195 2 The Madhya Bharat Shops Establishments Act, Samvat 200 9 ; ; ; ; 3l~-U-: tjt~cx aftx ~ :ti f.ffi ll I v,<t' ffl 17. ~ cJ3ff!R;i2cx, cJ3ff!R;i2cx '$T ~ 'C;cf '3~ ~- 18. ~ 'C;cT ~ cpf ~- 19. ~~- 3l~-x=nc, ~~- cl~ f4<'1-i:~llll 3l~-3TTG 3J1RTtf cl~ :tll Rull I 20 ~ ~ q5 ~ ~ '3c•(•itF1 q5 fu<) ~- 21. ~ ~ q5 ~ cpf '3~tF1 , ~ -:ffeowj~ tTc<TT ~ t q5 fu<) ~- 22. ~ 3TTft ~ cl'ixR -gg ~. ~ -gg wfu,, 23. ~tT cpf ~- 24. 3l1mtTT cpf ~- 25. ~ ~ '$T 17't cf>l4cl l i57 C{)f ~aM. 26. !~~q51~- 27. 3Rl fufwif q5 ~ ~ 'Clx x1cP -;,gt_ 28. frml:f ~ q51 ~ - 29. cf>fdr1 1~ll) cfl Pixrcf>xo1 q51 ~- 30. ~ 'C;cT cmqfrrr. 6 14 ( I ) ; 614 (2) ~ ~ (~I>. 21 °'-1"'( 2018) ~<vr-rr ~ ~3TT 1l ~ftm lf>lfc5m 1:~ ~\JR ~ 3Rl ~<ff ~@f ~ ~~ llSJ1 ~ ~-ifm'T fcrtqm <ITT -wTf.vcl ~ "fffflfm'T 'P'R ~ am ~ ~fml 3"ITT ~ an:i;~ ftt,;rm. ~ ~I ~ ,,01xl\,ll ~ ~ cf1'f ii Uc'filx=FT~ fc1'cJl1+:t00<.1 m P!f.-Jf&~a wf ii % ~ m:- , ---- ~ -TTlf. ~-~ 61-;rf am ffl1l. 1. ( 1) (2) (3) (4) 3Turnr-~ YTx'~ ~ - % ~ vrn"1-11•1ct, ¥R ~ x{l),"NTf (Pll.1'1011 ~ x=lcTT ~ WdT q)l f21Plll+=t1 ) ~' 2017 ~ctmTTT I ~ ~ ~ vrn"1 -11, 1 c/, x1'Jxl ii m-TT I <IB ~ m ~ cf5+-tcf51-<'i ~ Plll1011 ~ ~ 3tR x~3TT i::ix~m-TTI <IB ~ cITTrur x=r ~ m-n fGi~ ~ ~ . m ii ~ m , f.'r:@ rITTI 2. ~ . ~ ii, ~ cfcf5 ~ ~ x't ~~m 31C•~ ~· m,- (cb) ,,~~ tt·~cx" x=t ~ t tTRT 17 c#r \JCT-tlffi (1) ~ 31"~ ~ ~ q5R,f&~tx; (~) ,,~ ,, x=t ~ t lfclT ffl xf ~ · m ~ ~ ~ ~ ~; "~ufq," x=r ~t~ m~, ~fcpm ¥Rm x~ ~ cl5Tm l:1x 3ITT'fl, ~ m aW ~·~ '11 fni f& d ~,- (~) fcpm ~ m cllfcklll1· ~ x=i'u c#r ~ ii, ~ m xTU c1?T ~ ~ m ~ ; (cft) fcpm ~ c#r ~ ii, ~ cl?T ~; (cTt'1°) R ~ m ~ 'fRcmf m x~ ~ ~ ~ m ~ m ~ fcpm ¥R m ~ ~ ~ii, zr~~. R~m~~mx~ ~ m ~ ¥R m ~ ~ cl5Tm ~ ~<A ~ fBit ~ ~ <Tl clj Fck1 lll (ET) "mr" x=r ~ t ~ clfu:R, vn cblx\Sl111 31"~ ¥R cl?T cTffiR ~ E,- (~) ftTT:r+l ~ clIBITT, ~. fcrfrritur m ~ ~ m ~ ~1jtir'1cb m ~ xffiTllq) ~ q)]?j m cflT~ q '51 cb I Ra I m ~ q)]?j m ffiTf c1?T ~. <fr:TT, RTcf5 ~ ~. ~ m ~ ~ c1?T q)]?j ~ ~ m; 31"~ . (cft) ~ .-Jlt;ll~ll<.11 , ~ 3:r~ ~ ~ '111c\01P:cb ~ ~ m +=111~011 ~ wT ii ~ ~ ~ m, ftTT:r+l cbl-1\Sll.-JI ~ , 1948 (1948 cl?T 63) ~ ~~ ~ ~ iR'r it; ----<.:>-.. . (~) "~~,, x=I ~ ~. m ii !,lq)i~ld ~; M -, .. """ \C .~ !,~J ~!if ~ !jli if I1S1 ! ~ iii It ii; i ~l wt Ji I ~ ! ~d~ f ~ ~ ~ 1& ,e ~' I ~ ~ i 1& ~ f ~ , ~ ~ t rs ~ -~ -~ - i 1& ~ I ~i&Hitl! i11ti 1: t1s w: ;it~ u ;:: jfi ~i ~ i' ! i ;111 ~"~,;; i'"" il1S ~i i I ii ! ~,t 1S Ji~ ~i,L jf j ~ 1& I 1S gg,,,gii:,i1~1 !I ft t~ ii,~fi *~w t~[t"B'~fj . I lHtWiti 1s;! '"* ~ 1S! iltiil ;;~ ~h!U11st i I ''""ti f§ liit tit'""= it IL! rt I it~ d J Jt ~t"' ;1S1S ~ Ji ~ fi i !: ! ~ t ~ 1 w i ~ ! * 1S ! j J ! ~ I i ~ I * t 1s U !' ii r-' 1s rs ~ ' ~, i ! ~ i @ i 1s ~ f jl 1gffilI f iii~t 1 ~t t!; ji{; f*"' £ f* ~ t !,i:fi i ~~,it ~ lft :" . :"~"'~;""ii :":':_I*~! ,,. n tih t ~ !if* iii ~ ! wit ,, I h- Ii i Iii i t t~Hri f.1ohf __ - ~ ~ - tr'- ___ _ ~ , ~1& ~~ ~1& ~ , ,t.%ll~ I ~ i - l ~ cl§: ~ ~ 1::- e ~ :e: ~ E ·- ·- ·- ·- 614 (6) ~ (31TTT crfJJ) ct ~ chR (~) . . (5) I x-mq-;:n if Pl <1'1 fG1 a cfi+-f cfi 1 -<7. ct ~ x=wrRT ffl ~ NlTI, ~ ffl; "ff@~c#r~~~if~fcrJ?>Tll'l'(~) ~ c#r ~. vfr fcpm 'lft ~ <TI x-mq-;:n if Pl<11f'Gia ~ cfi+-fcfilx'i cf5l" ~ NlTI, "C;ci ~ fcrJ?>Tll'l' (~) ~ ct ffl'i::f if 1llft-'>Wicfi cfi ~ c#r ct ~ fi<1l1 ~ I '3Tf-£:TRT ( 1 ) "C;ci (2) ct ~£:T. ~ ~ "C;ci ~ if Pl m fG1 a cfi+-1cfi1x1· ct Plh-ifciftia ~ ct fflt:T if, ~ ~ ~ "C;ci ~ ~ ct 3l~. ~ fct ~ Fct<TI ~. ill'1 M. 3lQffif:- (q5) ~ <TI 3lfcr ~ ffl 1' ~ ~ . ~ 'i3T-[ ffl ~ ~ ~ 3l~ f.'rcnft'r ~ Fct<TI \YJ'T x,q5f it; (~) ~ <TI ~ ~ ct ffl if ~ ~. fum ~HT 'i3T-[ ffl cf5l" ~ if cffe@ ffl ct x=wrRl ~ ct <lR fct<TI ufFTT ~ "ITT; (TT) cicfi1°1<81 Q5RUTT ~ fctm ffl if~~. ~ m '3""ff ffl cf5l" \NTT ITT 1:of cw,:,r "ITT; (u) ~ ffl if ~ ~ ~ i.i1~Rlcfi m:rr ffl~ft ~ Pl <l fi'la ffl ~ ~ ~ WPT ct fucrm, 1!5I fct<lT \YJ'T ~;$ ('5.) ~ ~ ~ (~ fct ~ s.n til fr1 <81 , c#r x-mq-;:n, .6fPTT acfi--11<81 $ ~ Tim fctcmfl' fcr.TPT if ~ ~)I g _ ~ fctm ~ ~ fcpm ITT rJ'r ~ 3f~ ~ if ~-$cil<.>1"m ~ ~ ~ ffl ffl c#r 3ftl"IRT c#r '1lTfil t "ciT Ctt5, ~ ~ M q@)" x=wrRl ~(~)~~~~~(~) 3f~t-ffi~~. ~ fct fct1%TI fct<TI ~ . ~ ffl Q5T ~ mTTr I ~ ~ fq-'ITTl'.f 10. (1) ~ <TI x-mq-;:n ct ~ fcmm <TI 'i3T-f ~ ct fcpm mm if, ~ ~ ~ ~ if ffl fct<TI \YJ'T ~ "C;ci ~ cf5l" Pl <i 101 cfi ct fcl ~ cfi I jfl Ix fctm 'llt ~ if ffl ffl ~ ~ fct<TI \YJ'T ~ I (~) qft- 3l<ffu. (2) I fctm~3f~~if~if~~if~Wcfct 3fVT~ ~ ~ ffl fct<TI \YJ'T ~ fct fcrJ?>Tll'l' ~ ~ ~ cf5l" WITTITT cf5l7 ~ "cfil7 ~ ~ <lfr x-l l lci I f@cfi ~ ~ fct<TI ~ I (3) ~ ~ ~ fl I ca I f%cfi ~ cR ~ ~ ~ ~ "ciT 'i3T-fcfi ~ if ~. ~ x-11ca1f%cfi ~ ct en· 1,IB ct ~ . i.iRlcfi1x1,sicfi ~~~I (4) W ~ if ~ ~ ~ ct cfi+-\cfil'<I ct ~ ~ if fqm <m ffl c#r ~ Tim tlc'.T . c#r \ilH<t51~. ~ cfi+-fcfil-<'i cf5l" fufuTTI if tr ~ "C;ci ~ lli ff! F8i e c x cf5l" $ ~ ~1 Pl cfi ~ ~ <:rr 3Am~~I (5) ~ fcpm ~ ~ fcr-'>Wf ct ITT if 'lft ffl m c#r 3ftfffi . <lfr '1lTfil ~ "ciT Ctt5, 'i3T-[cfi x=wrRl m'R (~) ct ~ ~ ~ ~ ~ ~ ~ ffl Q5T ~ NlTI I ,. ,. ,. ,. 11. (1 ) ~~<lTTm(~)~~cp~~~: ~ ~ ~. ~ m , ITT ~ 12~ 12~0 wift ct ~ 3-TR x~3TT ct~ 12~ 12~ ~ clTT filldlfgqi ~ ctm#~cpx~I (2) ~ ~ qTT ~ ~ crTf # m (~) ~ 3TTo ~ ct 311 qi ffl-i qi mm ~ i:rnr~n wrt '1ll" ~ ct ~ # ~ l--11 RM 3m "Qx ~ WIT I (3) ~~~~~<TT~#<TTx-lr ~ ~;r <TT ~ c#r ~ (lqJ ~ ~ qrf # ffl ~ t , ill ~ ~ crTf ct ~ ~ m ~ <m ffl ct ~ om, ~ ct fuit ·C;cP ITT c#r ~ xf ~ ~ c#r "fm<lT ct fc;m m (~) ~ mm, 4\/illtj_cJAf ~ ct ~ ~ cl?"t ~I (4) ~ ~ <lTT ~ ~c:11c11'1-1 ITT (lqJ ct ~ mm ~ m ~ ~ WIT I (5) \JfITT f.i<ih-Jqi ~ ITT ~ 3Wl0 ~ \JlR "Qx ~ mm ~ m xf ~ cITTcTT t ill ~ clTT, ~ci 1 <c11 t1 ITT xf ~ ct mm q57 .--Jqic.1qix~1 ~ m cflT ~ -grrr: 1TTTI <ITT" ~ ~ ~ 'tITTT ct ~ mm c#r cff5@T m t;, Bxf mm ~ m ct '!ft B"fi~ f.i <11 isl qi m :rm q)X ~ '5[TciT t Jr~ <ITT" ~ mm ~ 3Wl0 q)X ~ t; ~ B"ff mm <lTT ~ xf ~ q)X wrr <T<TT t "cl"6 '{~c11f..iqc:1 N-t ~ . ~ <TT x~ f.f:~ ct coRUT 3l1R f.i<11isl1 xf 1r~ m '5[Tfil t ill f.i<ilislqi, Bxf ~ ~ -c#r cl?~ ct fc;m T@: m (~) x-fGmcRlTTI (6) ~ ~ ~ . ~ ~ crTf # 3TTo ~ ~ ct :fRfFl cflT 31~ '1--cJci·;@ ~ . ~ ~ ~ ~ ~ TI~ ~ ~ tJT'c!, ~ ~ ~ crTf ct lm'l-f ~ ct ~ f.i <11 isl qi ~ qiqqi1'{1 q5 l=[ui" ~ m. ~ -g'rn 1 (7) '311-'cITTT ( 3) ct ~ ct fuit, - (qi) ~ a1fi'lqi f.1<11011 (x~ ~ ) ~ . 1946 (1946 cflT 20) ct 3T~ w-nfu@ ~ JTR\/1 ct 3@T@ x--1 l-1 $11 ci I 3T~ fficTT <TT ~ m ~ ITT cflT "R-3TT1'.P ; ("6) lff%c;rr cb4ct51~1· ct l-fTl-l"R #, ~ 1%cf ~ ~. 1961 (1951 cflT 53) ct~ ct 31~ ~ mm; (TT) B"ff cTit ct~#~ mm. furnif mm cflT ~ fcti<TT 7T<TT t (u) ~ f.i <ll isl 1 ct ~ ~ ~ -xf cITTffif JTx~ f.f:~ ct cfJRUT ~ c#r 31~~. <lTT ~ ITT "fi"l-f$lT ~ furn "Qx ~ ~ ~ <TT x~ # <TT x-lr ~ l~ <TT ~ ~ c#r ~ c#r 7f1Tf,'IT ct ~ ct fuit ffl ~ t , ~ ~ ~ ct fuit mm ~ ~t-l'f m'r I (s) \37'.l-'cITTT (3) ct Jr~~ mm, ~~- (mm) ct ~ m r:rrg ~ mm c#r ~ ct ~ ~ m <TT ~ 3lC1#1TT I 614 (7 ) ~. 311 <f> ffi <f> -q<j ~ 3T<fcpffl -q<f 3RT ~~cm . .:, ' ' 614 (8) YT~~- j~ tt~cx. ~~ex ~ frn_J;f.@ ~ ~ ~Tf.ttmi. 3l~-'QT'q cf>~ I Dlcf>I~ \jq.jtf 12. ~ All1\J1c/?, ~ x-l!.TR ~ ~ lITTlT ~ ~~~-=~- "$t ~~ ~ ffl-m <ITTTTT '(j-j1" "¥11";::i- m ~~T ~ All'iltia m cB+-fillRl/1· cf)"~~~~ -g'r I 13_ ~ Alll\J1cB l!"m fcrt%cl ~ ~ ~w cf)"~™~~ ~~i1,c1l/" ~ 1-TT-TTtR ~m ~ ~ 1 '(j-j1" ~;er m x~ ~ Al/"'1 ltia cB+-fcBlxl· cf)"~~~ Y§i:1.-i"ll/" x-l!.TR ~ 3lclft{Qc'f tWTT: ~ fcffer;:;:, Alll\J1cb xW,RT ~mif \j~ qixT ~ ~ ~ ~ 01Q:fcIT x~ ~ x-l!.TR m 3R:lm ~ cf)" -~ frl:rcf -;::i- 61 1 14_ ~ -~ m x~ ~ ~ cm, m ~ ~ ~ ~ All'1ftle1 E 01~cfT LftlIB m ~ 3ITT)ci1 'cfjl'fcfjR ~: Alllltici t ill Al!l\J1cB, ~ ~ cp"l¼f m cp"ffi "$t ~~ ~ ffl-m <ITTTTT ft:R:r:f ~ ~ c/?+-fc/?lxl c5 ~ cf)" ~ cf)" fuit ~@TER 61: ~ ~ ~ ~ ~ cf)" ~- Z;c/? fcp~ "$1 i:ffefu cf)" ~ "flT1'fRT ~ ~ ffi cp"l ~ ~ t ill ~ ~-~ m. ~ WciT, ~ ~ ~ ~ fc1f.'if""~ ~ ~ cf)" 01RT~ ~ sC; ~ lliffl~ 2:cx m cfr ~ 1 1s. ~ Alll\J1cfl, cflPTT~ ~ ~ ~ ~ ~ r ~ <ITTTTT, ~ ~~~~I 16. ~ m, ~ ~ ~ x~3TT ~. ~ A1.111tie1 cB+-tc/?lx1· 01~ "flT1'fRT clTT ~ cB 4 cB I x'i °$1 ~ Z;c/? m ~ q)1=f ~gf $. ~ cB +-le/? 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Alll\J1¢1 ~ cB4cB1x1· "cfll" rn ?; ~ ~ ~ ~ . ·, ' ' ' ' (2) J;f~ WJ11 cfi ~ ~ qJT <XlllllC",ll , ~ ~ ~ ~ 31~ ~ ~ f.'r<:r:TT cfi 3TT'flTTl ~~ fcITTfr ~ cITT fuiTRUT~1 614 ( 11) 24. (1) ~ ~ ~ . 1973 (1974 qJT 2) :q ~ fcITTfr 6f@ cfi ~ .3TlRftlT <ITT 11~. ~ 'Bl, ~ ~ cf) 3TT'flTTl ~r;fur ~ ~. uTT 'ii?[ cblxlcllfl ~ <TT cblxlcllfl ~ ~ ~ 'Bi c; u..s1lll 3lWtl" ~ t_ . ~ ~ cfi ~ "Clx, '-IT ill 3~ "fift-QTTf ITT cfi 1JcT m ~ m, x1v1qf¾a ~ m mll'R fu)m "v1T "flcfilTT, ~ ftp ~ ~ . ~ m , ~ frfff cf) ~ . urr ftp ~ fcpm' ~. cf) ~ ~ ~ ~ c#r -q'qffi ~ c#r ffl cFi ~ . 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(1) ~ ~-~ m. ~ ~ cfi ~ cfi fTh ll I .{i ll rl cfi ~ f.'r<l11 ~ ~ I (2) ~: ~ ~ ~ c#t ~ LR 1r1~ ~'ITTcf ~ f<J:;:rr, Pl 1-.--j ~ ft! a Wfl m ~ ~ cfi ~ ~ f.'rlr, ~ fclTTTT "GfT ~ . 3:rmq:- (clJ) ~ ~ . ~ m 3tr[ ftfc, ~. mxr (5) ctt \)Lf-mxf (2) cfi ~ ~ f<lTTTT \iTTWTT, \)Lf-mxf (3) cfi ~ W1 t~ ~ cITT ~ -a-m '3cf- mxr (4) cfi ~ .!J.l+'f -q-~ ~ "ITTC<T w c#t ftfc,; ("&) mxr 7 c#t '3cf-mxr (1) cfi ~ cti4clJ1~'i ct m-w ~ wm (~, ~. "ffi"RiWl, 3-Tfr., c#t ~mi,) cfi ffl'cl ~ frlll1Glcfi m c#t IJfA crrcqt m; (•T) 'elm a c#t '3cf-mxr (4) cf) Jiw@ f.n:rTT m ~ ~; (u) ~ ~ 3:r-mtfR 'elm a c#t '3cf-'clffi ( 1) ~ \)Lf-'qffi (2) cfi ~ . '3x, :ITTT cffr \)Lf- tITT]· (5) cfi ~ cfi4cfi l-<I q51 ~ ~ cpl" cWL !TTlfr; (~.) 'elm 9 cf) ~ ~ ~ ~ (~) c#t ~; ('cl) 'elm 13 cfi ~ ~ 1f<TTCc1 ;1ft-c11c1ll ~ ~ c#t cZTcR-QTT -a-m 'elm 15 cfi ~ ~ ~~ c#t ~ c#t cZTc:rf{/,TT; (t9) 'elm 17 c#t ~-'elm (1) cfi ;?~ ~ c15ffi~ecx c#t WlRTT, ~ i~ 3:r'mtfR c15ffi~ecx \)Lf-'qffi (4) cfi ~ ~ ~ ~ cITT -a-m Bc!-'clffi 4 cfi ~ (cfr) cfi '3cf-~ (~.) cfi ~ ~ ~ m TimiT ~ IJfA mTTl ~ ~ cITT wil1T ~; (Gl") 'elm 18 c#t ~-'elm (·1) cfi 3lc1T@ \~ f.ni-'lwP m ~ c#t IJfA crrm tj"fun:ti ~ ~ cf) ~; (~) 'elm 19 cfi ~ ~ fctcRu'rr ~ W -gg m ~ ftfc, (~ ~c:i~1f"lcfi m flfni~a ~). -a-m ~ fctcRuft cpl" ~ cpl" ~ fclTTTT \iTTirn; (3l) 'elm 24 ctt ~-'elm (1) cf) ~ ~ ~m cfi ~ c#t ftfc,, -a-m ~-~:rm (4) cfi 3T(l7@ ~ ~ cfi ~ ~ w cITT m ~ ftfc,; (c) ~ 3R1 ~ ""11 ~ 'fuf%c, fclTTTT "GfRf ~ "ITT <TT fcrt%"c1' fclTTTT vlT<T I . . . ·, i i i i (3) '3cf-mxf (1) ~ (2) ct 3l0R ~ TTif ~ ~ ' ~ fct't:f"r-7 ~ ct ~a, xm vfmTTT I 29. (1) <lft ~ ~ ct~ cpl' wnc?i m ii ~ ~ ~~ mm t m ~ ~. -~ ii WFJftm ~ ~. ~~~~, \Jll"~~ct~xf 3ffiTfc1 ~ "ITT, 3ITT ~ fct ~ ~m ct f.'l x IrlJx 01 ct ~ ~~m: T:Rg ~~ct~~c#r ~xfzj"cr1fct 3lcR,R ct~~ mxT ct 3RfT@" ~ ~ 115T fcpm ~I , (2) ~ 'cITTT ct ~ fct<TT TT<TT ~ ~TITTT, ~ ~ \JlR ct ~. <lf4T WU, ~ ~ ~ ct ~ a, xffi vfmTTT I 30. (1) 'i:P rnl x-l•lct. ~ ~ ~ ~ . 1958 (cp.25 x-r-=r 1958) C1 c'1 q_ G Ix I f.'Rft:lcf fct<TT 'iJ!TTTT t I (2) '311-mxr (1) ct~~ ct~ ct mer~~.~ ~ f.'Rft:lcf ~ ct 3l0R fct<TT TT<TT -~ ffl <lT ctr -m cITTt rtJl<folSl , ~ (1qJ ~ ffl <TT rlJlllcllg, ~ ~ ct ~ xf ~ ~ "ITT, ~x-1 ~ ct ~ ct ~ fct<TT TT<TT ffl <TT ctr ~ : 4J I llcl 1 !57 ~ ~ I (3) ~ 'cITTT ct ~ ~ fcrnl 'PT cfOR x=rTmxuf ~ ~ , 1897 (cp 10 x-r-=[ 1897) c,S,- tITTT 6 ctr x-JT~ ~ ll\.rll a I cpl' ~ fa qj f2;i a m wrrfcta' 115T cITTTfT I "' 61 4 ( I 3) <t>~•mfm c6 f.'ti<lifixUI <fft m'lffi. f 614 (16) CHHIATTl~GARH ACT (No. 21 of2018) THE CHHATTISGARH SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2017 An Act to consolidate and amend the laws relating to regulation of employment and other service conditions of workers employed in shops and establishments and for matters connected therewith or incidental thereto. Be it enacted by the Chhattisgarh Legislature in the Sixty-eighth Year of the Republic of India, as fo ll ows:- Short title, extent. application and commencement. Definitions. I. 2. (I) (2) (3) (4) CHAPl'ER-1 PRELI MINARY This Act may be called the Chhattisgarh Shops and Establishments (Regu lation of Employment and Conditions of Service) Act, 20 17. It shall extend to the whole State of ChLattisgarh. It shall app ly to the shops and estab lishments employing ten or more workers. It shall come into force on such date as the State Government may, by · notification in the Official Gazette, appoint. In this Act, unless the context otherwise requ ires,- (a) 'Chief Facilitator" means the Chief Facilitator appointed unde r sub- section ( I) of Section 17; (b) '' Day" means a period of twenty-fou r hours beginning at mid nig ht; (c) ·'Employer" means an owner or a person who has ultimate contro l over the affai rs of a shop or a n estab li shm ent, and inc ludes,- (i) in the case of a firm o r asso iation of individua ls, a partner or member of the firm or association; ( ii ) in the case ofa company, a di rector of the company ; (i ii ) in the case of a shop ,or an cs tab I ishment owned or contro ll ed by the Central Government or the State Government or Loca l A uthority , the person or persons appointed to manage the affairs of such shop or estab li shm ent by the Central Govern ment or the State Government or Local Autho rity , as the case may be; (d) "Establishment" means any premi~es, not being the premises of a factory or a sho p,- ( i) wherein any trade, business, manufacture , or any work in connection with , or incidental or anc illary thereto, or any journalistic or printing work or bu:,iness of banking, insurance, stocks and shares, brokerage or produce exchange, is carried on ; or ( ii ) which is used as theater, cinema o_r for any other publ ic amusement or entertainment, to who m the provisi ons of the Factori es Act, 1948 (No. 63 of 1948) does not app ly ; (e) ·'Notification" means a notifi cation publi s. ed in the Official Gazette ; ,. , ,. , md'lfl•l<t ~ , ~; 23 ~ 20 1s (t) "Prescribed" means prescribed by rnles made under this Act; (g) "Shop" means any premises where goods are sold, either by retail or wholesa le or where services are rencered to customers and includes an office, a store-room, go-down, warehouse or workhouse or work place for distribution or packing or repacking of fini shed goods is carried on.but does not include a shop attached to a factory where persons em pl oyed in such shop are a ll owed the benefits provided under the Factori es Act, 1948 (No. 63 of 1948); (h) (i) "Wages" means all remuneration (whether by way of sa lary, a llowances or otherwise) expressed in terms of money or capable of being so expressed which would , if the te rms of employment, express or impli ed, were fulfilled, be payable to a person emp loyed in respect of his employment or of work fone in such employment, and · includes,- ( i) any remuneration payable under any award or settlement between the parties or under any o rder of a court or tribunal; ( ii ) any remuneration to which the person employed is entitled in respect of overtime work or ho lidays or any leave period; (iii) any additional remuneration payable under the term s of employment (whether called a bonus or by any other name); ( iv) any sum which by reason of the termination of employ ment of the person employed is payable under any law, contract or instrument which prov ides fo r the payment of such sum , whether with or without deductions; (v) any sum to which the person employed is entitl ed under any scheme framed under any law, fo r the time be ing in force; and (v i) house rent a ll owance, but does not include,- (A) any bonus, w hich does not form part of the rem unerati on payab le under the terms of em ployment or which 1s not payab le under any award or settlement between the parties or under any order of a court; (B) the va lue of any accommodation, or of the supply of lig ht, water, medical attendance or other amenity or of any se rvice excluded from the computation of wages by a genera l or special order of the State Government; (C) any contribution paid by the empl oyer to any pens ion or providel'!t fund , and the interest which may have accrued thereon; (D) any travelling allowance or the value of any travelling concess ion ; (E) any sum paid to the empl oyed person to defray spec ia l ex penses entailed to him by rhe nature of his employ ment; or any gratu ity payable on the termination of employment in cases oth r than those spec ified in sub-cl ause ( iv); "Week'' means a period of seven days , beginning at midnight on Saturday night or such other night as may be approved in writing for a part icu lar area by the Chief Facilitator; 614(17) 614 (18) Act not to apply to certain persons and premises. 3. Certain rights and 4. privileges not to be affected. Registration of shops 5. and establishm~nt and issue of Labour identification Number. Prohibition on discrimination against women workers. 6. (j) (1) ··worker" means any person (except an apprentice under the Apprentice Act, 1961 (No. 52 of 1961)) e mployed to do any manua l, uns killed , skilled, technical , operational or clerical work for hire o r reward , whether the terms of employment ~e epress or implied . The provisions of this Act shall not apply to,- (a) a worker occupying a posit.on of confidential , managerial or supervisory character in a shop or in an establishment; (b) a worker whose work is inherently intermittent; (c) any office of the Gove rnment or the Local Authority ; (d) any office ofthe Rese rve Bank of India; (e) an establishment used for the care and treatment of the sick, infirm, destitute or mentally unfit; and (t) a member of the family ofan empl oyer. (2) A list of the workers referred to in clause (a) of sub-section ( I) shall be displayed on the website of the shop or establishment and in absence of the website , at a conspicuous place in the shop or establis hment and a copy thereof sh al I be sent to the Faci I itator. (I) (2) (3) (4) (I) Nothing contained in this Act shall adversely affect any right or privilege to which any worker is entitled , under any law, award, agreement, contract custom or usage for the time ')eing in force. CHAPTER-II --- REGISTRATION AND ISSUE OF LAlBOUR IDENTIFICATION NUMBER. On the commencement of this Act, every shop and establishment, employing ten or more workers, sha ll apply for registration within a period of six months from the date of such commencement or the date o n which such shop or establishment comes into existence and obtain a Labour Identification Number. Every shop and establishment, employing ten or more workers, shall make an application for registration to such authority and in such form and manner as may be prescribed. The authority referred to in sub-section (2) shall , on receipt of an application under sub-section (2), register the shop or establishment and is sue a Labour Identification Number in such form as may be prescribed. ' Notwithstanding anything contained in this section, the shops and establishments registered under the provis ions of the Employees State Insurance Act, 1948 (No. 34 of 1948) or the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (No. 19 of 1952) or any rule s, regulations or schemes made thereuncier sha ll be deemed to be registered for the purposes of th is Act: Provided that such shops and establishments shall , within a period of s ix months from the commencement of this Act, obtain a Labo ur Identifi cation Number in such manner as may be prescribed .. CHAPTER-Ill DUTIES OF EMPLOYER N o woman worker shall be discriminated against in matters concerning recruitment, training, transfers, prorno :ions o r wages . 12. 13. 14. empl oyment on account of ret irement, resignation, death or permanent di sabil ity, the employer shall pay hi m full wages for the peri od of leave due to him. (6) A worke r shall be entitl ed to e ight paid fes ti val ho lidays in a calendar year, namely, the Independence Day, Republic Day and Gandhi Jayant i and fi ve such other festival holidays as may be agreed between the empl oyer and the workers, before the commencement of the year. (7) For the purposes of sub-section (3),- (a) any day of lay-off, by agreement or contract or as permiss ible under the standi ng order cert ified unde the Industri a l Empl oyment (Standing Orders) Act, 1946 (No. 20 of 1946); (b) in the case of a fe male worker, the maternity leave under the provis ions of the Maternity Benefit Act, 1961 (No. 53 of 196 1 ); (c) the leave earned in the year prior to that in which the leave is availed; or (d) the absence of the worker due to temporary di sablement caused by accident arising out of and in the course of his empl oyment,- shall be deemed to be days on which the worker has worked in a shop or establishment fo r the purpose of computation of the period of two hundred and fo rty days or more, but shal I not earn leave fo r these days. (8) The leave admi ss ible under sub-secti on (3) shall be exc lu,s ive of a ll ho! idays, whether occurring during or at either end of the peri od of leave. CHAPT ER-V WELFARE PROVISIONS Every employer sha ll make suffic ient a rrangements to prov ide and maintain at suitabl e points, conveni entl y situated fo r a ll persons employed in the shop or establ ishment, a suffi c ient suppl y of wholesome drin king water. Every empl oyer shall provide sufficient latrine and urinal faciliti es fo r male and fema le as may be presc ribed, which shall be so conveni entl y situated as may be access ible fo r the workers employed in the shop or establi shment : Provided that several employers may provide common faciliti es, in t case it is not poss ible in a shop or establi shment due to constraint in space · or otherwise. In eve ry shop or establ ishment wherein thirty or more woman workers are empl oyed or fifty or more workers are ordinarily empl oyed, employer shall provi de and maintain a suitable room or rooms as creche fo r the use of children of such woman workers: Prov ided that if a group of shops or establi shments, so dec ide to prov ide a com mon creche within a radius of one kil ometer, then, the same sha ll be pe rmitted by the Chi ef Facilitator, by an order, subj ect to suc h conditi ons as may be spec ified in the order. 614 (21) Drinkin g water. Latrines and urinals. Creche facility. 614 (22) First-Aid. 15. Canteen. 16. Appointment of Chief' 17. Facilitator, Facilitators and their powers. (I) (2) (3) (4) m~ft'tl<I~ ~. ~ 23 ~ 2018 Every employer shall provide at the place of work first~aid facilities as may be prescribed . The State Government shall require the employer to provide and maintain in the shop or establishment, wherein not less than one hundred worker are employed or ordinarily employed, to maintain a canteen for the use of its workers: Provided that if a group of shops or establishments, so decide to provide a common canteen, then the same shall be permitted by the Chief Facilitator by an order, subject to such conditions as may be specified in the order. CHAPTER-VI FACILITATOR AND THEIR POWERS AND FUNCTIONS The State Government may, by notification, appoint such persons who possess the prescribed qualification to be Facilitator for the purposes of this Act and may assign to them such local limits as it may think fit : Provided that the State Government may, by notification, appoint a Chief Facilitator who shall , in addit ion to the powers conferred on him under this Act, exercise the powers of a Facilitator throughout the State. The State Government may prescribe a scheme for inspection of shops and establishments, which shall provide for generation of a web-based inspection schedule. Every Facilitator and Chief Facilitator appointed under sub-section ( I) shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code (No. 45 of 1860), and shall officially be subordinate to such Authority as the State Government may specify in this behalf. Subject to such conditions as may be prescribed, a Facilitator may, within the local limits for which he is appointed,- (i) advice the employers and workers and provide them such information as may be considered necessary for comply ing with the provisions of this Act effectively; (ii) inspect the shop or establishment in accordance with the scheme for inspection referred under sub-section (2) , and may,- (a) examine any person who is found in any premises of the shop or establishment and whom, the Facilitator has reasonable cause to believe, is a worker of the shop or establishment; (b) require any person to give any information , which is in his power to give, with respect to the names and addresses of the persons; ( c) search, seize or take copies of such reg ister, record of wages or notices or portions thereof as the Facilitator may consider relevant in respect of an offence under this Act and which the Facilitator has reasori to believe has been committed by the employer; (d) bring to the notice of the State Government defects o r abuses not covered by the law for the time being in force; and ' ' 18. 19. 20. ' 21. ' 22. (5) (6) ( I ) (e) exe·rcise such other powers as may be prescribed ; Provided that no person shall be compelled under this section to answer any question or g ive any evidence that tends to incriminat~ himself. Any person required to produce any document or to give any informatio n required by a Facilitator under sub-section (4) shall be deemed to be legally bound to do so within the meaning of Sections 175 and section 176 of the Indian Penal Code C\/o. 45 •)f 1860). The provisions of the Code of Criminal Procedure, 1973 (No. 2 of 1974) shal l, so far as may be, apply to the search or seizure under sub--clause (c) of clause (ii) of sub-section (4), as they apply to the search or sei zure made under the authority of a warrant issued under Section 94 of the sa id Code. CHAPTER VII RECORDS AND RETURNS Every employer shall maintai n such regi sters and records as may be prescribed. (2) The records may be maintained electronical ly or manually: ( I ) Provided that at the time of inspection by a Facilitator, a hard copy of such records if demanded, shall be submitted, d ul y signed by the employer. Every e mployer of a shop or an establishment shall furnish an annual return, in such form and manner (includi ng electronic form), to such authority as may be prescribed . C HAPT ER VIII OFFENCES AN[) PENALITIES Whoever contravenes with the provis ions of this Act or the rules made thereunder shall be punishabl e with fine which may extend to two lakh rupees and in the case of a continuing contravention, with an additional fine which may extend to two thousand ru pees for every day during which such contravention continues: Provided that the total amount of fine shall not exceed two thousand rupees per worker employed . (2) If any person has been convicted of any offence punishable under sub­ section ( 1) is again guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be puni shable on a subsequent conviction with fine, which shall not be less than one lakh rupees but which may extend to five lakh rupees. ( I ) Save as otherwise expressly provided in thi s Act, where an empl oyer on being held g uilty of contravent ion of any of the provis ions of thi s Act or any rules made thereunder, which has resu·lted in an acc ident causing se ri ous bodily injury or death of a worke r, shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than two lakh rupees but which may be extended to fi ve lak h rupees or with both. Whoever wil lfull y obstructs a Facilitator in exercise of any power conferred on him by or under thi s Act or re fuses ,or willfull y neglects to afford the Faci li tator any reasonable facility for making any inspecti on, . examination, inquiry or investigation authorised by or under thi s Act. in 614 (2 3) Maintenance of register and records. Annual return. Penalty for contravention of provision of th is Act. Penalty for contravention of provis ion s of this Act which resulted in accident. Penalty for obstruction, refusal to provide register, etc.