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Establishments Act, 1948

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Establishments Act, 1948 ESTABLISHMENTS ACT, 1948 With Rules, Notif.ications, Guj. Shops and Establishment, [Employees Life Insurance] Act. I980, Notifcation dechring LocalAuthority under section 2(15); Shops or CommercialEstablishment - new minimum wages rate; employment in any Residential Hotel, Restaurant or Eating House - new minimum wages rate; The Gujarat Hotel workers wages in kind (computation of cash value.) Rules 1999; Service Rulesfor the Employees working under the Act; Model Leaves Rules; Forms andprecedents; SpecialNotes on misconduct- meaning andscope. [(ASAMENDED UPTO DATE] : Compiler : K. C. Raval B.A., LL.B., M.L.W., LL.M - ADVOCATE, Vadodara Pub!:shed by : R. V. Shah For, Hemdip Agencies 2nd Floor, Pushpa Bhuvan Madanzampa Road BARODA-390001 O 'publishers I I First Editipn June, 1999 I HEMDIP AGENCIES Head & admn. Office : 1 Second Revised Edition - 2006 2nd Floor, Pushpa Bhuvan I I I Madanzampa Road, Baroda - 390 001 TeleIFax : 2422603, 5560603 Mobile : 98250 94794 . Branch Office : I I Every precautioiz has been taken to print 2, Anurag Com. Centre, the book correctly and accurately. Near Bombay Shopping Centre R-C-Dutt Road, Howevec any .Errors or ommissions Baroda - 390 007 , brought to the Notice of the Publishers Phone : 2337503 II will be appreciated. Mobile : 98240 93240 Composed by : TEXT IMAGE 204, Relief Shopping Center, Near G. P. O., Ahmedabad-1. Phone : 30421555 After publication of recent compilation of the industrial Disputes (Gujarat) Rules,1966, it is with great pleasure that I now place in your hands an up date compilation of The Bombay Shops and Establishments Act,1948 together with State Rules framed thereunder, relevant notifications, Gujarat Shops & Establishments (Employees Life Insurance) Act, 1980 currently applicable minimum wages rates etc. With more and more employment generated by shops, commercial establishments,hotels restaurants, eating houses and theatres or other places of public amusement or entertainment, a need is felt that the basic working knowledge of the applicable statutory provisions is available to all concerned including employers 1 managers/employeesl their unions, consultants and Advocates for proper and effective implementations. I do hope my endeavour in this direction will be of some benefit to the readers. It is therefore,. hoped that this compilation, will be of valuable assistance to Advocates, Labour and Industrial Courts, Govt. Labour Officer's, Trade Union leaders, Management Consultants, Managers, Law Students and active employees. I take this opportunity to thank and appreciate the efforts of shri Dipakbhai Shah of Herndip Agencies, Vadodara in bringing out this much needed publication with great zeal and enthusiasm. Vadodara (K.C. Raval) I Advocate (The Bombay Shops & stablishments Act, 1948) CONTENTS Section Page No. CHAPTER I PRELIMINARY 1. Short title,extent and operation 2 2. Definitions. 2 3. References to time of day 5 4. Exemptions 5. 5. Application of Act to other establishments and persons 6 6. Suspension of all or any of the provisons of this Act 6 CHAPTER I1 REGISTRATION OF ESTABLISHMENTS 7. Registration of establishments 6 8. Change to be communicated to Inspector 8 9. Closing of establishment to be communicated to Inspector 8 CHAPTER I11 SHOPS AND COMMERCIAL ESTABLISHMENTS 10. Opening hours of shops 9 11. Closing hours of shops 9 12. Hawking Prohibited before opening and after closing hours of shops 9 13. opening and closing hours of commercial establishments 10 - 14. Daily and weekly hours of work in shops and commercial establishments 10 15. Interval for rest 11 16. Spread over in shops 11 17. Spread over in commercial establishments. 11 18. Holidays in a week in shops and commercial establishments. 12 CHAPTER IV RESIDENTIAL HOTELS, RESTAURANTS AND EATING HOUSES. 19. Opening and closing hours of restaurants and eating houses 13 20. Restaurants and eating houses noi to sell goods of the kind sold in shops before the opening and after the closing hours of shops 14 21. Daily hours of work in residential hotels, restaurants and eating houses 14 Index The Bombay Shops and Establishments Act, 1948 V 22 Interval for rest 14 23. Spread-over 14 24. Holidays in a week. 15 25. [deleted] 15 CHAPTER V THEATRES OR OTHER PLACES OF PUBLIC AMUSEMENT OR ENTER- TAINMENT 26. Closing hours of theatres or other places of public amusement or entertainment. 15 27. Theatres or other places of public amusement or entertainment not to sell goods of the kind sold after the closing hours of shops 15 28. Daily hours of work in theatres or other places of public amusements or entertainment. 15 29. Interval for rest. 16 30. Spread -over 16 31. Holidays in a week 16 CHAPTER VI EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND WOMEN 32. No child to work in any establishment. 16 33. Young persons and women to work between 6 a.m to 7 p.m 17 34. Daily hours of works for young persons. 17 34A. Prohibition of employment of young persons and women in dangerous works 17 CHAPTER VII LEAVE WITH PAY AND PAYMENT OF WAGES 35. Leave. 17 36. Pay during leave 18 37. Payment when to be made 18 38: Application and amendment of the Payment of Wages Act. 19 38A. application of Act VII of 1923 to employees of establishment 19 CHAPTER VII HEALTH AND SAFETY 39. Cleanliness 40. Ventilation 41. Lighting 42. Precautions against fire The Bombay Shops and Establishments Act, 1948 ' Index First Aid 20 CHAPTER IX ENFORCEMENT AND INSPECTIONS Powers and duties of local authorities. 20 Power of State Government to enforce provisions of Act within areas of local authorities 20 Power to make by laws 2 1 Delegation. 21 Power of State Government to provide for performance of duties on default by local authority 2 1 Expenses of local authority to be paid out of its fund 22 Appointment of inspectors Powers and duties of Inspectors Inspectors to be public servants 23 Employer and manager to provide registers, records, etc, for inspection. 23 CHAPTER X OFFENCES AND PENALTIES Contravention of certain provisions and offences 23 Contravention of section 12 24 Employee contravening sections 18(2), 24,3 1 and 65 24 False enteries by employer and manager 24 Enhanced penalty in certain cases after previous conviction 25 Penalty for obstructing Inspector 25 Determination of employer for the purpose of this Act. 25 Exemption of employer or manager for liability in certain cases , 26 Protection in respect of employment of certain children Cognizance of offences. Limitation of prosecutions. CHAPTER XI MISCELLANEOUS AND SUPPLEMENTAL Maintenance of registers and records and diaplay of notices Employer to furnish identity card to employees Exhibition of signboard Wages for overtime work Index The Bombay Shops and Establishments Act, 1948 VZZ 64. Evidence as to age. 29 65. Restriction on double employment on a holiday or during leave' 30 66. Notice of termination of service 30 67. Rules 30 68. Protection to persons acting under this Act 32 69. Rights and privileges under other law, etc, not affected. ' 32 70. Persons employed in factory to be governed by Factories Act and not by this act. 32 71. Submission of annual report, etc 33 72. Repeal of Bombay Shops and Establishments Act, 1939 33 .SCHEDULE - I [Section -1(3)] ,33 SCHEDULE -11 [Section -41 I. Exemption (subject to note mentioned below). 35 11. Establishment, employees and other persons. 38 THE GUJARAT SHOPS AND ESTABLISHMENTS RULES, 1962 Rule Page No. 1. Short title 75 2. Definitions 75 . 3. Appointement of prescribed authority. 75 4. Suspension of provisions of the act. 76 5. Form of Statement, fees and other particulars under section 7(1) 76 6. Manner of registering establishment and the form of registration certificate 76 7. Form of applic?tion, fees and other particular under section 7(6). 76 8. Form of renewal of registration certificate. 76 9. Grant of "duplicate" of registration or renewal of certificate 77 10. Form of notifying a change and fee. 77 11. Fixing six days in a year for additional overtime. 77 12. Notice to be given to Inspector when'additional overtime is to be worked 77 13. Form of manner of publication or order under section 18(1B) 7 8 14. Form of register or entering rfusal of leave. 78 15. Fixing times and methods for cleaning the establishment 7 8 16. Rubbish not to be allowed or accumulate. 78 17. Precautions against fire. 79 18. First aid appliances 79 i 19. Supervisions of Government over local authority 79 Inspectors. 79 Duties of Inspectors 80 VZZZ The Bombay Shops and Establishments Act; 1948 . Index 22. ' Submissions of diary by Inspector. 23. Mairitenance of registers and records and,display of notice 24. Evidence of age. Display of signboard on the enterance of establishment Statement under 7(1) [Rule-51 Register of establishment [Rule 6 and 83 Registration Certificate of ' ..~~ishment[Rules 6&8] . Form of application for renewal of registration certificate[~ulel7] Notice of change[Rule -101 Register for entering refusal of leave [Rule -141 Register showing dates of lime washing etc. [Rule-151 Diary of Inspector for the month ending 19..[Rule -221 Form-I. Register of employment in a shop or commercial establishment for the week ending [Rule -23(1)] Form-J. Register of employment in a shop or commercial establishment where opening and closing hours are ordinarily uniform for the week ending [Rule-23(10] SCHEDULE -I The Fee to be paid along with the Statement in Form "A" [Rule -51 SCHEDULE 11. The Fee to be paid along with the Statement in Form "D" [Rule-71 SCHEDULE 111. The Fee to be paid along with the Statement in Form "E" [Rule - 101 Notification : [Arranged section wise] The Gujarat Shops and Establishments . ( Employees life Insurance Act,) 1980 Notification declaring Local Authority under section 2(15) (District wise).
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