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teg. No. ICL/TV(N)/12 R- - Govcrnment of Kerala 1088
L 'KERALA GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORTY
2nd January 1988 Vol. XXXIII] Trivandnim, Saturday s. [No. S 12th Pousha 1909
GOVERNMENT OF KERALA
Labour and Rehabilitation (E) Department
NO TT F ICAT JO N
G. 0. Rt. No. 4188/LBR. Dated, Trivandrwn, lstjanuar,y,1988.
The followin'g Draft Rules further to amend the Kerala Shops and Corn- juereial Establislunent Rules, 1961, which the Government of Kerala propose to-make in exercise of ti4e powers conferred by section 34 of Kerala Shops and Conirnei-cial Establishments Act, 1960 (34 of 1960) is hereby published as required by sub-section 4 of the said section for the information of all persons likely to be affected.
Notice is' hereby given that the said Draft Rules will be taken up for 4tonsideration on or alter the 15th day of March, 1988. Objections or suggestions, if any, shall be addressed to the Commissioner and Secretary, Labour (E) Department, Government Secretariat, Trivandrum-l.
DRAFT RULES
1. Short title and cornnzencement.—(l) These rules may be called the Kerala Shops and CommercialEstablishments (Amendment) Rules, 1988. I (2) They shalt come into force at once. 33/13/88/MG.
2. Amendment of the Rules.—( 1) In the Kerala Shops and Commercial Establishment Rules, 1961, in sub-nde (3) of rule 2G, for the words 'fiye rupees',thords 'ten rupees', shall be substituted.
C By order of the Governor,
C. P. NAIR, Commissioner and Secretary to Government. / Explanatory Note
(This does not form part of the Notification, but is intended to indicate the general purport).
In G. 0. Ms. 7/85/LBR dated 26-2-1985, Government have revised • the rates of fees payable under Rule 20 (1), (2), (3) and (4) of the Kerala Shops and Commercial Establishments Rules, 1961, with effect form 1-3-1935- Government in the Notification No. 13108/E2/85/LBR dated 13-1-1936 have issued Draft Notification for giving statutory effect to the said revision of fees. In the said Notification amendment to Rule 20 (3) was not included due to omission. By this Notification, Government intends to give statutory effect to the revision of fees under Rule 20 (3) also.
This Notification is intended to achieve the'aflove object.
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J'flJNTED AND lUBLISI-EED BY THE S. G. P. AT TijI-- UOVI:.I; EEL. TItIVANDItUM, 1988 - 12 vernmcnt of Kerala - 1979
KERALA GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY
17th September 1979 Vol. XXIV] Trivandrum, Monday, — — — — — — — - [No. 656. 26th Bhadra 1901
SECRETARIAT OF THE KERALA LEGISLATURE
NOTIF1 CATION
No. 6606/LA4B/79. - Dated, Trivandrum, 17th September, 1979
The Kerala Shops & Commercial Establishments (Amendment) Bill, 1979 together with the Statement of Objects and Reasons and the Financial Memo- randum is published, under Rule 69 of the Rules of Procedure and Conduct of Business in the Kerala Legislative Assembly.
DR. R. PRA5ANNAN, See retar_y, Legislative Assembly.
- --4 I PRINTED AND PTJflLISH BY THE S. G. P. AT TIE GOVERNMENT PRESS, - ft TRTVANIIRIJM, 1979; 33/3377fMC. Fifth Kerala Legislative Asse r
BillNo. 117
SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) BILL, 1979
' A BILL amend the Kerala Shops and Commercial Establishments Act, 1960.
—WHEREAS it is expedient further to amend the Kerala Shops cial Establishments Act, 1960 for the purpose hereinafter
N Ba it enacted in the Thirtieth Year of the Republic of india as follows: - Short title and commencement. —(I) This Act may be called the Kerala hOPS and Commercial Establishments (Amendment) Act, 1979, r (2) It shall come into force at once.
2. Amendment of section 18.—In section 18 of the Kerala Shops and Com- mercial Establishments Act, 1960 (34 of 1960), after sub-section (4). the following sub-section shall be inserted, namely:- "(4A). In directing the payment of compensation under sub-section (3) or sub-section (4), the appellate authority may include as part of the com- pensation the wages of the employee for the period he was kept out of employment.". -A STATEMENT OF OBJECTS AND REASONS Sub-section (2) of section 18 of the Kerala Shops and Commercial Esta- blishments Act, 1960, provides that an employee whose services are dis- pensed with may appeal to such authority and within such time as may be prescribed. Sub-section (3) of that section provides that the appellate authority may, after giving notice in the prescribed manner to the employer nd the employee,-dismiss the appeal or direct the reinstatement of the em- ployee with or without wages for the period he was kept out of employment or direct payment of compensation without reinslatemen t or grant such other
2/3376/MC. it deems fit in the circumsta of tI e case. section (4), in directing the reinstatement ofAn employee the shall also direct the payment of such adiount of compe: specified by him in case the employer thils to reinstate accordance with the directions. 2: in the judgment in W. A. No. 79 of 1975, the Kerala Hi the attention of the authorities to the need for a suitable amcnd' section (3) of section 18 of the said Act so as to clarify the positi&. where only compensation is granted, back wages may stflh e inq element in the compensation. It is, therefore, propose amen\ to make it clear that in directing payment of compensatioi 1hder. sub the appellate authority may include as part of the compensat,on of the employee for the period he was kept out of employment. proposed to snake a similar provision in respect of the compensation under sub-section (4) of section 18. 3. The Bill is intended to achieve the above objects.
FINANCIAL MEMORANDUM The Bill, ii enacted and brought into operation, would not involve expenditure from the Consolidated Fund of the State.
M. K. RAGHAVAN
A- IICfl o
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'and COIn mmercjajercise of EstabJis the Powers Coerred hy section 25 of the KerW;j S5io Act, 195 (Act 34 of 1960) and in super. 9$ session. Kera hercb of all appoint the previous the ofljccn no0 specified on the subject the Gorcjnment of to be the fled in 1fl3Pector for th0 in COlumn (3) of the Purpose of the coL,said (2) of the schcyJw Act for the "teas sped.
SCHHDULE SI. Dreas (1) (2) 1. sntLa Officer, (3) l)isj• Headquart 8 2. rrivandrum Do. Trivandrum I Dufr; 3. Do. do. - Quilon Do. do. Aáleppey Quilon do. d0 Do. XOttay3j Alfeppey do. Do. do. Kottayam do. •\iwa)'e do. Do. do. S. do. Trichur Do. Palgbat do. do. Palgbat 10. Mulappuram do. Do; do. Kozhikode Malappuraw do. do. Carmanore Kozh&od do. Caunore do.
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F(1) I (2) (3) M As!istant Labour Officer, Neyyattin- Ncyyattinkara Munr kara cipal area, Pancha- yat areas of Pans- sala, Balaramapuram and Kattakada. Do. Trivandrum Division Nos. 6 to 9, East 13 to 24, 35 to 38, 45 and 46 of Tn- vandrum City Corporation, Do. Trivandrurn Divisiou Nos. Ito 5, West lOto 12, 25 to 34 and 39 to 44 of Trivandrum City Corporation. Do, Neduinangad Panchayat area- Nedumangad, Karakulam, Anad, -. Manikical, Vithura, Aruvikkara, Vella- nad, Aryanad, Poovachal, Kallara, Nannyyode, Penn- gamala and Pullam- para. - Do. Attingal Municipal area, Attingal Panchayat area—Chirayinkil, Varkala, Kadakka- voor, Vethoor, Vakkom, Anjengo, Azhoor and Cheru- nniyoor. 16.Assistant Labour. Officer, (Coin) Chirayinkil Attingal Municipal area & Panchayat Varkala,area— Chirayiokil, Kadakka- voor, Vettoor, Vakkom, Anjengo, - Azhoor and Cheru- nniyur. 17. Assinant Labour Officer, Qui1on Q,uilon Municipal Town. 7 1 (2) (3) * 18. Assistant Labour Officer (Coir) Paravoor Quilon Municipal P Town & Panch3yat areas of Paravoor, Eravipuram, May- yanad, Sakthi- kulangara and 4 Vadakkevila. 19. Assistant Labour Officer Kundara Panchayat areas- Sakthikulangara, Paravoor, Eravi- puram, Mayyanad and Vadakkevila. L0. Kottara- Panchayat area- bra Kottarakara. Do. Ptrnalur Panchayat areas- Punalur, Pathana- piram, Vilakud 1, Anchal, Yerur and Thenmala. Do. Moor Panchayat area- Adoor. Do. Patbanam- Panchayat areas- thitta Pathanamthitta, Kozhencherry, Ranni, Pazhavan- gadi, Ranni Angadi, Ranni Thottamon, Vechuchira, Konni, Mylapra, Vadas- serikara, Eiamthur, Naranganam, Ranni-perinad, Omallur & Cheru- kol. Do. Karunaga- Pancbayat areas—. pally Karunagapai1y Qachira, Chavara & Thekkurnbhagam. Do. Kayam- Kayamkulam Munici- kulam pal area & Pancha- yat area of Haripaci, Krishnapuram and Devikulangara. I
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(1) (2) (3)
ft''26-Assitant Labour Officer, ') "Changanacherry Changanacherry j Municipai - area". - t' Assistant Labour Officer (Gait) do. Kayamkulam' Munici- pu area & Pancha. yatareaofKaru- nagapallv, Oachira, Chavara, Thekkum- bhagom, Haripad, KrishGapuram, Devikulangara and Karthikappally. Assistant Labour . Officcr, Maveli- Municipal area - kara M velikara and Panchayat area of Pandalam, Thonnal- loor, Chennithala, Thrippuranithura, Thazhakara, Bharani- kkavu & Noornad. Do. Thiru. Thiruvalla Municipal valla town and Panthayat area of Kozhimukku. Do. Chengan- Panchayat area- nur Chengannur,Munnar, Kulanada,Mulakuzha & Thiruvanvandoor. Assistant Labour Officer, Alleppey Alleppey Municipal (Town) area. Asiistaot Labour Officer, Alleppey Panchayat areas- (Rural) Ambalapuzba, Mararikulam South, Mannamcherry, Aryad, Punnapra & Purakkad. Assistant Labour Officer, (Goir) Ambala- Alleppey Muricipal area puzha and Panchayatarca of I alapuzha, arikulani South,h, Mannamcherry, Aryad, Punnapra, and Purakkad.
(2) (3) () 34. Asshtant Labour Officer s Sherthaiai Sherihallai Municipal aea and Panchayat areas of ICuthiyathode, Kodamthuruthu, Thuravoor& Pattana- kad. DC. C]hangana- Changanacherry cherry Munidpal area and Panchayat areas of Chirakadavu. sststant Labour Officer, Kottayazn Kottayam Municipal (Town) area; . 37. Assistant Labour Officer, do. Panchayat area of (Rural) Ettumanoor, 38. Assistant Labour Officer, Kanjira- Panchayat.—Kanjira. pally pally. Erumeli and Mundakayam.
1 - - "39-Assistnt La~our Offiacr, 1 "Pan ch a y at s- Peermade Peermade j (Pnrin,-r Dnrha.,ai „4' • i;;;a: i'va •' perwar”.
Do ?' - Munnar Junnar téwn and Munnar rancnayat. Palai Municipal area—.-Palai -) — and Panchayat area • $ce. of Erattupetth. Vajko,i Vaikorn Muni&pal area ta and Panchayat area tee.. a11 aj 'Thalayolaparambu. Assistant Labour Officer EnlaK*j... - 25, 26, 27 •., (East) tZbr the
Cochin . tOn and the for.. !.. Panchaat areas of }3dapally and Vythihi and Panchayat, Tn- punithura. 44; .kssistant Labour Officer Ernakulam Wards Nos. 22, 23, 24, (Wcst) 29, 30, 31, q, 33, 34, 35, 36, 37, 38, 39, 42, 43 and 44 of Cotbin Corporation. G. 2537.
in
(I) Assistant Labour Offier C chin Wards Nos. ito 21 of (Town) ' the Cchin (Jorpora tion. Assistant Labour office do. Panchayat areas- (Rural) Eiarnkunnapuzha. N.jrakkal, Patipuram. Nayarambalam. Assistant labour Officer, Parur Parur Municipal area an(panchayat areas of Vacialkekara. Alangad, Kottuvalli, ChennamangtLm, Karumullur, Pudien- velikara and Kunnu- 0 kara Du. Aiwayc Alwaye Municipal rarca and .Panclnyat areas of Angamaly and Kalady. Do! Perumba- Perumbavoor Muncipai voor area and Panchayat area of Kunnathunad. 50, Do Muvattu. Muvattupuzha Munki- puzha pal aTea and Pancha. yat area of Kotha- ningalam, Koothat.. tukulam and Piravam. 51. Po. Thodu- Panchayat area of puzha Thodupuzha. - 52. Do. Irinjala- Irinjalakuda and Chala. kda .kudy Municipal area a and Panchayat areas • of Kattur, Pudukad and Kodakara. 53 Do. Kodungal- Panchayat areas of bar Kodungalloor and • Eriyad. Chowghat Guruvayur Townthip and Panchayats cf a Chowghat, Nattika, Edavalli and Venkta- nagar.
(2) (3) istant Labour Othcer, Thchur Panttafllooj
Assistant Labour, Officer, l'richur Trichur Municipal (Town) area. Assistant Labour Officer, Wadak- Kunnamkulam Munici- kancherry p ii area ani Pancha- yat are2s of ChJa- kara, Pazhayannur and Wadakkancherry. Alathur Panchtyat areas- Alathur, Koyala- mannam and Wadak- kaflCherry. Do Chittoor. Municipal areas- Chittopr and Thathu- mangalain & Pancha- yat areas of Koduva- yur, Kollengode, Kozbinj ampara, Nemmara. Nallep- pilly and Eruthem- pathy. Assistant Labour Officer Paighat Paighat Municipal area. (Town) Assistant Labour Officer, Shoranur Panchayat area- Ottapalarn and Shoranur. Do. Mannar- Panchtyat area- ghat Mannaighat. Do. Perinthal- Panchayat area of manna Petinthalmanua. Do. Malap- Panchayat areas - * puram . Nilampur, Manjeri, Kottakal and Malap- c. puram. 65 Do.. Tirur Panchayat areas-S Tirur, Pirappaii- angadi, Kattpavuthy, Ferokc, Tanur and speciilly notified area Codakkal. 66. Do. Ponnani Panchayat arca- Ponnani. S
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(2) - (3) Assistant Lbour Officer Feroke Panchayat areas- 67. Beypore, Thainaras- ra sad acid Mavoor. 9, 12, 13, Assistant Labour Officer Kozhik6dc Wards Nos. (South) 14, 15, 16 and 18 to 30 of Calicut Coipo- ration. Assistant Labour Officer Kozhikodc Wards Nos. 1 to 8, 10, (North) 11, 17 and 31 to39of Calicut, Corporation. Msistant Labour Officer, Quilandy Panchayat areas- Balusseri, Quilandy and Cheruvannur. Do. Badagara Badagara Municptl 71 area and ranch iyat areas of Nadapuram and Valliappalli.
Do. - Kalpetta Panchayat areas—Kal-- pt tta, Meppadi, Vythiri. Anibalavayal, Sultan Battcry and Porakkady. Do. Mannan- Panchayat, Mahatu- thody thody. Do. Telli- MUnicipal, area Telli- cherry cherry and Pancbayat S • areas of Mattarnmr.
• Koothuparamba, Panoor, Chokli, Dharmadam, Mattan-
• nur, M-uzhakunnu,
- Kadirur and Keezhur ChaasserL Cannanore Municipal area- . (Town) Canninore. 76. Assistant Labour Oi5ccr, Catnanore Panchayat areas- (Rural) Fapinis cr1, Azhi- kode, Baliapatam, Chirakkat, Edakkad and Muzhappilangad. is
(1)
77. Aaistant Labour Offir, Tall. Panchayat areas- paramba Tahparamba, Sree. - kandapuram, Katz. malloor, Paralam, Payyannur, Kuru- mattoor and Cheuga- layil. 18 Do Kanjangad Panchayat areas- Kathangaci Nilesivar • and tlrlrn, 79. Do. Kasargode Panchayat areas- Kasargode, Kumbla • and Manjeswar;
S. R. 0. No. 338/72.—In excràise of the Powers cferrcd by section 25 of the Kerala thops and Commercial Establkhmenss Act, 19604 of 1960) the Government ofKerala hereby appoint the oWcers specified in column (2) • of the Schedule below to be the Inspecton forthe pu: pose of the said Act for the areas specified in column (3) theteof. U 2102. - • - -
f)cwLa[ 44;4. o'ft&.a/)/tw oW £.3°
2. S SCHEDULE of Officers Areas _1) (2) .: (3) Labour Commissioner Whole State of Kerala. 2 Joint Labour Commissioners Do. 3 Deputy Labour Commissioner, Rev&iue Districts of trivandrum, Trivandrum Quilou and Alleppey. 4 Deputy Labour Commissioner, Revenue Districts, of Kottayam, Ernakulam Ernakulam & Trichur & Idikki. 5 Deputy Labour Commissioner, Revenue Districts of Palghat,Majap. Kozhikode purarn, Kozhikode & Cannanore. 6 District Labour Officer, Trivandrum Trivancirum District. 7 Do. Quilon Quilon do. 8 Do. . Allçppey Alleppey do. Do. Kottayam Kottayam do. Do. Alwaye . Ernakulam do. Do. Trichur Trichur do. Do. ?vlalappurarn Malappuram iTh, Do. - Palghat Patgbat do. - Do. Kozhikode Kozhikode do: Do. Cannanore Canrtanore do. By order of the Governor, M. S. K. RAMASWAMY,Secretary.
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Thirteenth Xerala Legislative Assembly Bill No. 25 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) BILL, 2011 A BILL further to amend the Kerala Shops and Commercial Establishments Act, 1960; 4 Preamb/e.—WHEaEA5, it is expedient further to amend the Kerala Shops and Commercial Establishments Act, 1960, (34 of 1960) for the purpose hereinafter appearing BE it enacted in the Sixty-Second Year of the Republic of India as follows:- Short title and co'nmenceznent.—(l) This Act may be called the Kerala Shops and Commercial Establishments (Amendment) Act, 2011. (2) It shall come into force at once. Amendment of section 2.—In section 2 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), for clause (6), the following clause shall be substituted, namely:- "(6) "employee" means a person wholly or principally employed in, and in connection with, any establishment and includes an apprentice or any class of persons as the Government may, by notification in the Gazette, declare to be an eoyee for the purposes of this Act;". STATEMENT OF OBJECTS AND REASONS Majority of the security employees working in shops and other commercial establishments in the State are employed through security agencies. At present the security employees who are employed through such security agencies are under the control of those agencies and their employment is temporary in nature. They are not covered under the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) and hence they are not getting any benefit under the said Act. Therefore, the Govermnent have decided 844/2011. . to amend the definition of the word 'employee' used in the said Act empowering the Government to notify any class of persons so as to bring them under the purview of the said Act and to extent the benefits under the Act to such persons also. The Bill is intended to achieve the above object. FINANCIAL MEMORANDUM The Bill, if enacted and brought into operation, would not involve any additional expenditure from the Consolidated Fund of the State. MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 2 of the Bill, which proposes to substitute clause (6) of section 2 of the Kerala Shops and Commercial Establishment Act, 1960 seeks to empower the Government to issue notifications to declare any class of persons to be an employee for the purposes of the said Act. The matter in respect of which notifications may be issued is matter of procedure and is of routine and administrative in nature. The delegation of legislative power is, thus, of a normal charactet I 3 EXTRACF FROM ThE RELEVANT PORTION OF THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT 1960 (ACT 34 of 1960) ** • ** ** ** 2. Definitions—In this Act, unless the context otherwise requires.- a ** ** ** ** "day" means the period of twenty-four hours beginning at midnight; Provided that in the case of an employee whose hours of work extend beyond midnight, da' means the period of twenty-four hours beginning when such emplàyipent commences; - "employee" means a person wholly or principally employed in, and in connection with, any establishment and includes an apprentices; a (7) "employer" means a person owning, or having ultimate control over the affairs of, an establishment and includes the manager, agent or other person acting in the general management or control of an establishment; ** ** ** Thirteenth Kerala Legislative AsseOibly Bill No. 43 S / THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS (SECOND AMENDMENT) BILL, 2011: • S © Kerala Legislature Secretariat 2011 KERALA NIYAMASABHA PRINTING PRESS. fl Thirteenth Kerala Legislative Assembly Bill No. 43 is TILE KERALA SHOPS AND COMMERCIAL ESTABLISIIMEN'I'S (SECOND AMENDMENT) BILL, 2011. 1095/2011. L n Thirteenth Kerala Legislative Assembly Bill No. 43 THE KERALA SHOPS AND COMMERCIAL ESTALISIIMENTS (SECOND AMENDMENT) BILL, 2011 A BILL further to amend the Kerala Shops and Commercial Establishments Act, 1960. Frearnb/e.—WREREAS, it is expedient further to amend the Kerala Shops and Commercial Establishments Act, 1960, for the purposes hereinafter appearing; BE it enacted in the Sixty-second Year of the Republic of India as follows:- 1. Short title and commencement.—(1) This Act may be called the Kerala Shops and Commecia1 Establishments (Second Amendment) Act, 2011: (2) It shall come into force at once. • 2. Insertion of New Chapter VA—After Chapter V of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the following Chapter shall be inserted, namely:- "CHAPTER V A PREVENTIVE STEPS AGAINST SEXUAL HARASSMENT 20A.. Definitions—For the purpose of this Chapter,- • (a) "co-child employee" means, a person who has not completed his eighteenth year of age and who is wholly or principally employed in, or in connection with, any establishment and includes an apprentice; (b) "sexual harassment" means sexual harassment against a woman employee or a woman employer or a co-child employee and includes unwelcome sexually determined behaviour (whether directly or by implication) such as,- (4) physical contact and advances; demand or request for sexual favours; sexually coloured remarks; PA showing pornography; any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. 20B. Preventive steps against sexual harassment.—(l) The employer or other responsible persons in an establishment shall take steps to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution, settlement or prosecution of acts of sexual harassment by taking . all steps required such as,- express prohibition of sexual harassment.at work places and it shall be notified, published and circulated in all appropriate ways; provide appropriate work conditiotis in respect of work, leisure, health and hygiene to further ensure that there is no hostile enviromnent toward a woman employee or a woman employer or a co-child employee at work place and no such employee should have reasonable ground to believe that he or she. is disadvantaged in connection with his or her •employment. Where the conduct of sexual harassment amounts to a specific offence under the Indian Penal Code Or under any other law, the employer shall initiate action in accordance with the law by making a complaint with the appropriate authority ensuring that either the victim or the witness is not discriminated against. The victim of sexual harassment shalt have the option to seek transfer of the perpetrator of sexual harassment or his or her own transfer. Without prejudice to any action that may be taken under sub-section (2), the employer shall initiate appropriate disciplinary action against the perpetrator of sexual harassment for misconduct in employment. Notwithstanding anything contained in the foregoing sub-sections, the employer shall give an opportunity to every victim of sexual harassment to file a complaint before the complaint redressal committee constituted fore purpose under sub-section (5) whether.the.act alleged to be a sexual harassment constitutes an offence or not under any law. A complaint redressal committee for every district shall be constituted in such manner as may be prescribed and it shall be under a woman official of the State Ciovermnent not below the rank of a District Labour Officer. Every committee constituted under sub-sectiOn (5) shall consist of women members not less than half of its total strength and also members of non-governmental organization or similar organization familiar with the issue of sexual harassment. C Every committee shall ensure the maintenance of confidentiality of the issue-and make an annual report to the Government in such form and in such manner as 'may be prescribed. Every employer of an establishment shall allow to raise any -issue of sexual harassment against any woman employee or a woman employer or a co-child employee, in the employer-employeç meetings and in any other appropriate :forum for discussion. - - Where sexual harashieñt is as a result of any act by any outsider of the establishment, the employer or the person in charge shall take all necessary and responsible steps to assist the victim in taking preventive steps.". - - STATEMENT OF OBJECTS AND REASONS • The Honourable Supreme Court of India had in their judgment dated 13th August, 1997 in Writ Petition (Criminal) No.66670 of 1992 (Original jurisdiction) defined what constituted sexual harassment in work places and has laid downS certain guidelines to prevent such harassment. The Honourable Supreme Court had directed that these guidelines be strictly observed, at the work places and other institutions until a legislation is enacted for the purpose for the preservation and enforcement of right to gender equality of working women under Article 14 of the Constitution of India. It has come to the notice of the Government that working children are also sexually harassed in shops and establishMents including hotels ,and restaurants as in the case of working women. In the above dircumstances, the Government have decided to incorporate provisions to prevent sexual harassment among working women including women employer and child employees by amending the Kerala- Shops and Commercial Establishments Act, 1960. The Bill seeks to achieve the above objects. FINANCIAL MEMORANDUM The Bill: when enacted and brought into operation, would not invoh'e any expenditure from the Consolidated Fund of the State. MEMORANDUM REGARDING DELEGATED LEGISLATION 1. Sub-section (5) of section 20B proposed to be inserted in the Act by clause 2 of the Bill seeks to empower the Government to inake rules to prescribe the manner.in which the com3laint redressal committees are to be constituted for every district. El Sub-section (7) of section 20 B proposed to be inserted in the Act by clause 2 of the Bill seeks to empower the Government to make rules to prescribe the form of report and the manner in which it is to be submitted to the Government by the complaint redressal committee. The matters in respect of which rules may be made are matters of procedure and are of routine or administrative in nature. Further, the mies, after they are made, are subject to scrutiny by the Legislative Assembly. The delegation of legislative power is thus, of a normal character. SHIBU BABY JOHN 0 5 EXTRACT FROM THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960 (ACT 34 OF 1960) CHAPTER V EMPLOYMENT OF CHILDREN AND WOMEN -19. Prohibit/on of employment of children—No child shall be required or allowed to work in any establishmentexcept as an apprentice in such .mPloYment as may be specified by the Government. 20. Prohibition of employment of women and persons below seventeen years during night—No women or any person who has not attained the age of - seventeen shall be required or allowed to work whether as an employee or otherwise in any establishment before 5 a.m. or after 7 p.m. CHAPTER VI HEALTH AND SAFETY -4 21 Cleanliness) ventilation and lighting.—(l) The premises of every establishment shall be kept clean and free from effluvia ansing from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be prescribed; and these methods may include lime washing, colour washing, painting, varnishing, disinfecting and deodorising. ** ** ** • H -H 303 The power to make rules conferred by this secilon Is subject to the condition of the rules being made alter previous publication. - All rules made under this section shall be laid for not less than fourteen days before the [Legislative Assembly as soon as possible after they are made, and shall be subject to such modificaticn a' the Legislative Assembly may make- durir,g the - session in which they are so laid or the session immediately following. . . Power of Government to suspend provisions.of the Act during fairs and festivals--in any special occasion in connec- • - lion with a fair or festival or a succession of pu lic holidays, Jovcrnment miy, by notiScation in the Gaette suspend for a MW pecified period the op€rationof all or any of the provisions of this Act. Repeal of certain enacnnents.—On and from the date of the com encement of this Act, in any area, the enactments specified in the Schedule 'shall stand repealed in so far as they apply to such area: Provided that anyhing done under the spid enactments which could have been done under this Act if it had then been In force shall be deemed to have been done under this Act- ScHEDULE. Weekly Holidays Act, 1912 (Central Act 18 of 1942).- The Travancorerochin Shops and Establishments Act. 1125 (Act IX of 1125). 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No. ICL/tv(N)12 Gnvcrnment of XeraIs 1986 Le4.. • KERALA GAZETTE EXTRAORDINARY PUS1 &$jj 3T AWIMUTY 14th January 1986 Vol. XXXI] Trfrandruni, Tuesday, [No. 45 24th Pousha 1907 GOVERNMENT OF KERALA Labour (E) Department NOTIFICATIONS I No. 13108/E2/85/LBR. . Dated, Trivandruin, 131h january, 1986. S. R. 0. No. 62/86.—The following draft rules further to amend the Kerala tops and Commercial Establishments Rules, 1961, which the Government 3 of Kerala propose to make in exercise of the powers conferred by section 34 of Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) is hereby published as required by sub-section 4 of the said section for the infor. nation of all persons likely to be affected. Notice is hereby given that the said draft rules will be taken up for coa- sideration on or after 14th April 1986. Objections or suggestions, if any, shall be addressed to the Commissioner and Secretary, Labour (E) Depart- ment, Government Secretariat, Trivandrum-l. 1. Short tifie and eornnlenee;nent..—( 1) These rules may be called the Kerala Shops and Commercial Establishnwnis (Amendment) Rules, 1985. (2) They shall come into force at once, 33/164/MG. 2 2. Amendment of the Rules.—In the Kera.la Shops and'tommerefai Establish- ments Rules, 1961, in rule 2 "G" (1) in sub-rule (1) for the exisfingTable, the following Table shall he substituted, namely:- TABLE If the number of employees proposed to be employed on any day during the year for which the registration certificate is required or renewed- Rs. isnil - 10 does not exceed 10 20 exceeds 10 but does not'exceed 25 - 35 exceeds 25 but.doesnoLexceed 50 . 50 exceeds 50 but doc ~s ndt exceed 100 75 exceeds 100 100 in sub-rule 2, for the letters and figures "Rs. 5", the words "ten rupees" shall he substituted; in sub-rule 4, in clause (a), for the words "Ten rupees", the words "Twenty rupees" shall be substituted; in clause (b), for the word "five rupees", the words "Ten rupees" shall be substituted. By order of the Governor, U. MAHABALA RAO, Go,nmi.csioner and Secretary to Government. Explanatory Note In time G.O. Ms. 7/85/LBR dated 26-2-1985, Government have revise the rates of fees payable under Rule 20 (i), 20 (2) and 2G (4) of the Keralaftm Shops and Commercial Establishments Rules, 1961 with effect from 1-3-1935, Now, Government propose to amend the said Rules to give effect to the orders mentioned above. This notification is intended to achieve the above object. II No. 13108/E2/85/1,11R. Dated, T! vandrum, 131h january, 1986. S. U. 0. No. 63/86.—'i'he f011owing draft rules further to amend the Kerala Motor Transport Workers Rules, 1962, which the Government of Kerala propose to make in exercise of the powers conferred by section 40 of the Motor Transport Workers Act, 1961 (Central Act 27 of 196r), are hereby published as requited by sub-section (1) of the said section for the information of all persons likely to be affected. 3 Notice is hereby given that the said draft rules will be taken up for con- sideration after six weeks liom the date of publication of this notification in the Gazette. Objections or suggcstions, if any, shall be addressed to the Commi- S ssioner and Secretary, Labour (B) Departmcut, Government Secretariat, Trivandi'uin-1 ¶ 1 .8/wi I title and commcnceuwnt.—( 1) These rules may be called the Kerala Motor Transport Workers (Ainendnient) Rules, 1935. .4 (2) They shall come into force at once. 2. In did Kçrala Motor 'Transport Workers Rules 1962,- in rule 5, for the existing Table the Ibliowing Table shall be substituted, namely Trx Maximum number of Motor Trans- port Workers to be employed on Fees ' any one day during the year Rs. 5 . 100 6to25 250 26 to 50 500. 51 to 100 1000 101 to 250 1500 251 to 500 2500 501 to 750 3000 751 to 1000 3500 1001 to 1500 4500 1501 and above . 5000 in rule 7, in sub-rule 3, for the word "five rupees" the words "twenty rupees" shall be substituted. - By order of the Governor, U. MARABALA RAO, (ommissioner and Secretary to Government. Explanatory Note In the G. 0. Ms. 7/85/LBR dated 26-2-1935 Government have revised the rates of fees payable tinder Rule 5 and 7 (3) of the Kerala Motor Transport. Workers Rules, 1962 with effect from 1-3-1985. Now Government propose to amend the said rules to give effect to the orders mentioned•bove, This L notification is intended to achieve the above object, 4 HI No. 13108/E2/85JLBR. Dated, Trivandruin, IS/li 7anuary, 1986 S. R. O.No. 64186.—Tlie following draB rides further to amend the Kerala Beedi and Cigar Workers (Conditions of Employment) Rules, 1963, which the Government of Kerala propose to make in exercise of the powers conferred by sub-section (1) of section 44 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Central Act 32 of 1966) are hereby published as required by sub-section 3 of the said section for the information of all persons likely to be affected. Notice is hereby given that the said draft rules will be taken up for con- sideration after three months from the date of publication of this notification in the Gazette. Objections or suggestions, if any, shall be addressed to the Commissioner and Secretary, Labour (E) Department, G ivernment Secretariat. 1. Short title and commencement.—(l) These rules may be called the Kerala Beedi and Cigar Workers (Conditions of Employment) Amendment Rules, 1935. (2) They shall come into force at once. e - 2. In the Kerala Beedi and Cigar Workers (Conditions of Employment) Rules, 1968, in rule 8, (1) in sub-rule (1) for the existing Table the following Table shall be substituted, namely:- TABLE - Fees for industrial Fees for Industrial premises in which premises in which power driven power driven mac/tinny is used maclunery is not used - (1) (2) Ii tins number of employees proposed to be employed on any day during the financial year lbr which the license is required or renewed, (a) does not exceed 10 50 20 (h) Exceeds 10 but does not exceed 20 - 75 40 Exceeds 20 but does not 1• exceed 50 100 75 Exceeds 50 but does not exceed 100 300 200 Eceeds 100 but does not exceed 250 750 500 Exceeds 250 1250 1000 a M in sub-rule 2, for the words "rupees five" the words "ten rupees" hail be substituted; in sub-rule (3) in clause (a) for the words "Rupees Twenty" the words "Rupees forty" shall be substituted; in clause (b) for the words "Rupees fifteen", the words "Rupees a thirty" shall be substituted. By order of the Governor, U. MAI-IABALA RAO, Commissioner and Secretary to Government. Explanatory Note • In the G.O. Ms. No. 7/85/LBR dated 26-2-1985 Government have revised the rates of fees payable under Rule 8, 8(2), (3) (a) and 8(3) (b) of the Kerala Beedi and Cigar Workers (Conditions of Employment) Rules 1968 with effect from 1-3-1985. Now Government propose to amend the said rules to give effect to the order mentioned above. This notification is intended to achieve the above object. Iv No. 131 08/E2/85/LBR. Dated, Trivandrwn, 13th January, 1986. S. R. 0. No. 65/86.—Tile following draft rules further to amend the oto Kerala Contract Labour (Regulation and Abolition) Rules, 1974, which the Government of Kerala propose to make in exercise of the powers conferred by section 35 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970), are hereby published as required by sub-section (1) of the said section for the information of all pci-sons likely to he-affected. Notice is hereby given that the said draft rules will be taken up for the consideration on or after the 14th day of April 1986. Objections or suggestions, if any, shall be addressed to the Commissioner and Secretary to Government Labour (E) Department, Government Secretariat, Trivandruin-1 1. S/tort title and comznenceinent.—( I) These rules may be called the Kerala Contract Labour (Regulation and Abolition) Amendment Rules, 1985, (2) They shall come into force at once, r a 6 2. Amendment of the rules.—Jn the Kerala Contract Labour (Regulations and Abolition) Rulcs, 1974, (I) in rule 26, (a) in sub-rule (I) for the words "If the number of workmen proposed to be employed on contract on any day and the entries thereunder, the follow- ing words and entries shall be substituted, namely:- "If the number of workmen proposed to he employed on contract on S any day,—. its. does not exceed 20 40 exceeds2Obutdoesnotexceed5o 100 exceeds 50 but does not exceed 100 200 exceeds 100butdocsnotexceed200 300 exceeds 200 but does not exceed 300 500 e (F) exceeds 300 but does not exceed 500 600 (g) exceeds 500 700 (b) in sub-rule (2), for the words "If the number of workmen employed by the contractor on any day" and the entries thereunder, the following words and entries shall be substituted, namely:- "If the number of workmen employed by the contractor on any day,- Rs does not exceed 20 25 exceeds 20 but does not exceed 50 50 excceds•50 but does not exceed 100 75 exceeds 100 but does not exceed 200 100 exceeds 200 but does not exceed 300 125 (1) exceeds 300 but does not exceed 500 150 (g) exceeds 500 175 (ii) in rule 30, for the words "rupees five", the words, 'ten rupees" shall be substituted; (iii) in rule 32 (a) in sub-rule 6, for the words "If the number of work - mpn proposed to be employed on contract on any day" and the entries there- uqder, the following words and entries shall be substituted, namely:— 4 "If the number of workmen proposed to be employed on contract on any day,- Ks. does not exceed 20 10 exceeds2obutdqesnotexceed50 20 exceeds 50 does not exceed 200 40 4 (d) exceeds 200 60 (b) in sub-rule (7), for the words "If the number of workmen to be employed by the contractor on any day" and the entries thereunder, the following words and entries shall be substituted, namely:- "If the numbr of workmen to be employed by the contractor on any day,- does not exceed 20 10 exceeds 20 but does not exceed 50 20 exceeds 50 but does not exceed 200 40 exceeds 200 60 By order of the Governor, U. MARABALA RA0, Commissioner and Secretary to Government. Explanatory Note In the G.O. Ms. No. 7/85/LBR dated 26-2-1985 Government have revised the rates of fees payable under Rule 26(1), 26 (2), 30, 32(b) and 32(7) of the Kerala Contract Labour (Regulations and Abolition) Rules, 1974 with effect from 1-3-1985. Now Government propose to amend the said Rules to give effect to the orders mentioned above. This notification is intended to achieve the above object. ON No. 13108/E2f85/LBR. Dated, Trivandrum, 13th January, 1986. S. R. 0. No. 66/86.—The following draft Regulations further to amend the Kerala Trade Unions Regulations, 1958, which the Government of Kerala propose to make in exercise of the powers conferred by sub-section (1) of section 29 of the Indian Trade Unions Act, 1926 (Central Act XVJ of 1926) are hereby published as required by sub-section (1) of section 30 of the said Act for the informalion of all persons likely to be affected. Notice is hereby given that the said draft amendment Regulations will be taken up for consideration after three months from the date of publication of this Notification in the Gazette. Objections or suggestions, if any, shall be addressed to the Commissioner and Secretary, Labour (13) Department, Government Sccretariat, Trivandrum-1. Short title and coni nlencement.-T-( 1) These regulations may be called ' I the Kerala Trade Union (Amendmeth) Regulations, 1985. (2) They shall come into force at once. Amendment of the Regulations.—In the Kerala Trade Unions Regulations, 1958, (i) in regulation 5, for the figure, words and brackct, "rupees 5 (flvej" the words "fifty rupees" shall be substituted, (ii) in regulation 17, in sub-section 2, in clause c, in sub-clause (ii) for the words brackets and figure "rupees (1) one", the words "ten rupees" shall be substituted. S By order of the Governor, U. MAHABALA RAO, Commissioner and Secretary to Gozernment. Explanatory Note In the G.O. Ms. 7J85/LBR dated 26-2-1985 Government have revised the rates and fees payable under Regulations 5 and 12 (2) (c) of the Kerala Trade Unions Regulations, 1958 with effect from 1-3-1985. Now Govern- meat proposes to amend the said Rules to give effect the orders mentioned above. This notification is intended to achieve the above object. PRINTED AND PIJBLTSTIEI) BY THE S. G. P. AT THE GOVERNMENT PRESS, TRIVANDRUM 1986. © Regn.No. KERBIL/2012145073 aao ed 5-9-2012 with RNI % Government of Kerala Reg.No. KL/TV(N)/634/2012-14 2014 Ccth(b (D(TUC)O KERALA GAZE11TE S (fl(TU3U)O(D6fl)3 EXTRAORDINARY anu)1€eoas1a3(w1 &nt1uasicIm PUBLISHED BY AUTHO1UTY 2014 30 ()1rnan)nJoc, 30th January 2014 cu3eIo } WP° '1189 ala(b3 17 17th Makaram 1189 }347 A Vol. Thiruvananthapuram, No. Thursday 1935 23'Gic 10 10th Magha 1935 GOVERNMENT OF KERALA Labour and Rehabilitation (E) Department k101IEtuC601 S G. 0. (Ms.) No. 6/2014,LBR Dated, Thiruvananthàpuram, 16th Januaiy, 2014. S. R. 0. No. 81/2014.—Tn exercise of the powers_conferred by section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government of Kerala, being satisfied that public interest so requires, hereby exempt the establishment of Madura Garnients Lifestyle Retail Company Limted e from the operaton of the provision of sub-section (1) of section 11 of the said Act from the date of publication of this notification in the Gazette, subject to the following conditions, namely:— - 33/549/2014/DTP. PM Every personemployed in the establishment should be provided with all benefits under the Labour Laws. Every person employed in the establishment should be allowed a weekly holiday as envisaged in sub-section (2) of section 11 of the said Act, with full wages. The Registers and Notices of employment must properly be kept in the establishment and Returns should be produced before the Labour Officers for inspection. I S By order of the Governor, Ds. N1vDrrA P. HARAN, Additional Chief Secretary to Government. Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport.) As per section 5 of the Kerala Shops and Commercial Estabilshmçnts Act, 1960 the Government may by notification in the Gazette exempt any establishments from any or all of the provisions of the said Act, if it is satisfied by the Government that the public interest so requires. Government have decided to exempt the establishment of Madura Garments Lifestyle Retail Company Limited from the provision of sub-section (1) of section 11 of the said Act, subject to such conditions. This notification is intended to achieve the above purpose. S PRINTED AND PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT TEE GOVERNMENTCENTRAL PRESS ThIRUVANANTHAPURAM, 2014. Rgn. No. KERBILI20I2/45073 O&,ø cnx8aeo<8 dated 5-9-2012 with RN! Government of Kerala Reg. No. KVTV(N)1634/2015-17 2015 CC03 (ae (iXfl)06 KERALA GAZETTE G10C1U3t1)306T0o EXTRAORDINARY (mflutoam)aQ)3(Di Lai PUBLISHED BY AUTHORITY 2015 øafl(EflJ1flJ(b1.1I - * 11th February 2015 4} 1190 28 Thuruvanantliapuram, 28th Makaram 1190 j314 Vol. IV No. Wednesday 1930 03'Qio 22 22nd Magha 1936 GOVERNMENT OF KERALA Labour and Skills (E) Department ' NOTIFICATION G. 0. (Ms.) No. 71201511,13R. Doled, Thinivanonthapuram. 31st January. 2015 171/i Makorani 1190. S. ItO. No. 84/2015.-.--ln exercise of the powers conferred by section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government of Kerala, being satisfied that the public interest so requires; hereby exempt the establishment of Seematti in Kottayam and Ernakularn Districts from the operation of the provisions of sub-section (I) of section 11 of the said Act, for a period of one year from the date of publication of this notification in the Gazette, subject to the following conditions, namely:— - 331369/2015/S-21. - 2 Every persom employed in the establishment, should he provided with all benefits under Labour Laws. Every person employed in the establishment should be allowed a weekly holiday with full wages as envisaged in Sub-section (2) of section '11 of the said Act. The Register of Employment under sob-rule (1) of rule 10 ofte- Kerala Shops and Commercial Estblishnients Rules, 1961, must properly be kept in the establishment, and should be produced before the LabOUr Officers for inspection as and hen requested by them. Every person employed in the estabLishment should be allowed interval for rest as envisaged in section 8 of the said At, Even' person employed in the establishment should be given overtime wages as envisaged in section 7 of the said Act. - The woTking period of every person employed in the establishment should not be exceeded over ten and it half hours including spread over, as - enviaged in section 9 of the said Act. The exemption grnnted is liable, to he cancelled for violation of the above conditions. - - By order of the Governor. TQ'M Josn, Principal Secrciary to Government. ETplaiiatmy Note 0 (This does not form part of the notification. but is iniended to indicate - its general purport) , As per section 5 of the Kerala Shops and Cómriiercial Pstablishmeft Act, 1960, the Government may by notification in the Oazeite.exempt any establishments front any or all cfthe provisions of the said Act, if it is satisfied by ihe'Governmeni that the public interest so rtquires. Govtrnrncnr have, decided to exempt the establishmeut of Scetnatti in .Kotrayam and Ernakulam Districts for a period of one yea!; from the provision of sub-section (1) of section II of the said Act. The notification is intended to achieve the above object. PRUNTED AND flJuusHrJ) BY ThU !JPCRINtNIThT OF GOVL!RMMPN1 PRESSUS AT liii. 00\'LPYMLVl(ENIRAL MESS. tiftRU',NA3IiMURAM, lEtS, © Regn.No. KER8lU20I2145073 dated 5-9-2012 with RNI Government of Kçrala Reg. No. KLJTV(N)/63412015-17 r 2015 Qcth(b (i)(fl)OCi KERALA GAZE1TE (?Jfl(TUQW3(06Iflo EXTRAORDINARY (n)w1o)oa)1aan(r)1 Ln1(1U6)jSItDOTh PUBLISHED BY AUTHORITY 2015Qno(rn(b111 11th February 2025 4} 315 Thiruvananthapuram, 28th Makaram 1190 3 ::::° No. Wednesday 1936 O340O 22 22ndMagha 2936 GOVERNMEWF OF .KJ3RALA Labour and Skills (E) Department S NOTIFICATION Es! Januar% 2015 0. (MsjNo. 08/2015/L131t Dated. Thiruvananthapurwn 17th Makararn. 1190. S. R. 0. No. 85/2015.—In exercise of the powers confcrred by section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government of Kerala being satisfied that public fnterest so requires, hereby exempt the three shops in the establishment of Lulu international Shopping Mall, Ernakulam as detailed in the schedule below from the operation of the provision of sections 10, II and 20 of the said ACL for a period of one year from the 4late ofpublication of this notification in the Gazette, subject to the following conditions, namely:- 331570/2015/8-24. 2 Every person employed in the establishment should be provided with all the benefits under Labour Laws. Every person employed in the establishment should be allowed a weekly holiday with full wages as envisaged in sub-section (2) of section Il of It- the said Act. The register of employment under sub-rule (1) of rule lOof the Kerala Shops and Commercial Establishments Rules, 1961, mist properly be kept • in the establishment and should be produced before the Labour Officers as and when requested by them. Every person employed in the establishment should be allowed intervals for rest as envisaged in section 8 of thesaid Act. Every person employed in the establishment should be given overtime wages as envisaged in section 7 of the said Act. The working period of every person employed in the establishment should not spread over more than ten and a half hours in any day inclusive of his interval for rest, as envisaged in section 9 of the said Act. (\ii) Special and adequate arrangements shall be made for the protection of female employees working between 7 pm. and 6 am. No female employee.shall be employed between those hours TI- otherwise than in groups consisting of at least five employees having a minimum' of 2 female employees. Arrangements shall be made to provide safe and separate rest - rooms for the female employees. Conveyance facilities shall be arranged to the women employees for their to and fro transportation. The exemption granted is liable to be cancelled for violation of the above conditions. 3 SCJUtDULE SI. Shop Name keg. No. Location No. - Lulu Byper Market H-7212013-14 3 Floors (Grqund, First & H-701201 3-14 Second) 2 Lulu Celebrate H-69t2013-14 3 Floors (Ground, First &. H.69)2013-14 Second) 3 Lulu Spatheys 1-1-67f2013-14 Third floor By order of the Governor, — TOM Josa, Principal Secretary to Government. Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport.) As per section 5 of the Kerala Shops and Commercial Establishments Act, the Government may, if they are satisfied that public interest so requires or that • the circumstances of the case are such that it would be just and proper to do so having regard to the nature and capacity of the establishment, by notification in the Gaflttc. exempt either permanently or for any specified period, any establishment or class of etabIishments in any area or persons or class of persons to which or to whom this Act applies, from all or any of its provisions subject to such restrictions and conditions as the Government deem fit. Now, Government have decided to exempt the three shops detailed in the Schedule 1• above for a period of one year from the date of publication of this notification from the provisions of sections 10, Ii and 20 of the said Act. The notification is intended to achieve the above object. PRIED AND PZJHLJSHEI) BY TUB SUPEPJNTENDLNT OF GOVJ3RNM1tNT PRESSPS AT 1trn GOVERNMENT CO.TRAL PRCSS. TUIRUVA4ANI1IAPIJRAM. 2015, - Kerala Gazette No, 5 dated 1st Vebruary 1971. PART I Section Iv 0 GOVERNMENT OF KERALA Labnar (B) Department NO FIFICATION • G.O. (Rt.) No. 93/77/LBR, Dated, Trivandrum, 14th January 1977. S.R.O. No. 86/77.—Whereas the Government are satisfied that public inttrest requiles that all the member banks of the Indian Banks' Association in this State specified in the annexure to this notification should be exempted from certain provisat ns of the Kerala Shops and Commercial Establishments Act, 1b0; Now, therefore, in exercise of powers conferred by section 5 of the Ketala Shops and Commercial Estabiishments Act, 1660 (34 of 1960) the 0 Government of Kerala hereby exempt for a Fenod of one year with effect from 1-1-1977 all the banks duing balking business, under the Indian Banks Association specified in the annexure to this notification from the piovisions of sections 6 and 7 and subsecdons (1), (2), (3), (4) and (5) of section 13 of the said Act. Annezure LI5TOF MEMBER BANKS Algemene Bank Nederland, N. V. AlJal3abad Bank. American Express International Banking Corporation. The Andia Bank Limited. Bank of America National Trust and Savings Association. % Bank of Baroda. The Bank of Cochin Limited. Bank of India. The Bank of Karad Limited. Bank of Maharashtra. The Bank of Rajasthan Limited. The Bank of Tukyo Limited. Bangue National Ije Path. The Bareiily Corporation (Bank) Limited. The Benares State Bank Limited. Bharat Overseas Bank LinilLed. The British Bank of the Middle East. Canara Bank. The Catholic Syrian Bank Limited. G.• 174 Ceatral Bank of India. The Chartered Bmk. t Corporation Bank Limited. Dena Bank. The Dhanalakshmi Bank Limited ki The Federal Bank Limited. First National City Bank. Grindliys Bank Limied. The Hindustan Commercial Bank Limited. jndiin Bank. S Indian Oversea5 Bank. Si. The Jammu and Kashmir Bank Limited. 32. The ICarnataka Bank L mited 33, The Karur Vysya Bank Limited. 34. Kashi Nath Seth Bank (Private) Limited. 33. Kurnbakonam City tininn Bank Limited. The Lakshmi Commercial B ink L mited. The Lakshmi Vilas Bank Limited. Lord Krishna Bit k Lrnited. Mercantde B ink Limi ed. S The Miraj State Bank Linited. The Mitsui Bank Limited. The Narang Bank of In ia Limited. The Nedunadi Bank Lim.ted. The NewBank of India Limited. The Oriental B1kof C immerce Limited. The Parur Centrol Bank Limited. The Punjab and Sind Bank Lir ited. Punjab National Bank. The Purbanchal Bank Limited. 50, The Sangli Bank Limited. Sonali Bank. The South India Bank Limited. (Tinnevelly) The South Indian Bank Limited. State Bank of Bikaner and Jaipur. State Bank of Hyderabad. State Bank of Ind ore. I State Bank of. Mysore State Bank of Patiala. State Bank of Saurâshtra. Stae Bank of Travancore. Syndicate Bark Tamijnad Mercantile Bank Limited. The Tanjore Permanent Bank Limited. The Traders' Bank Limited. 63. Union Bank of India United Bank of India United Commercial Bank 68. United Industrial Bank Limiteth 69; The United Weuern Bank Limited. e Vijaya B,ank Limited. 71. The Vysya Bauk Limited. ! By order of the Governor, - C. T. JOSEPH, - Joint Secretar,. • Explanatory Note (This does not form part of the notification but is intended to indi- cate its general purjon.) - The provisons of the Kerala shops and Commer&al Establishments Act, 1960 are applicable to the banking establishments in the State The Indian Banks A"ori tion has requested Covernmnt to exempt all the member banks d -ing banking business under Indian Banks Association from all he provisions of the Kernl Shops and Commercial Establishments Act, 1960 ii view of the more brnefit service conditions beir g e joye I by the em- pi-yecs as a result of the agruements arrived at by the Indran Banks Asso- ciation and their employees. Go.ernment consider that rxemption need be grant d to the members barks in this State of the Indian Banks Associaton from sections 6 and 7 and subsctions (1), (2), (3, (4) and (5) of section 13 of the Kerala Shnps and Cimm rcial Eiab;ishmcnts Act. This notifi- cation is to achieve the above, purpose. 9 1 Xerala Gazette No. 5 dated 1st Februuy 1977. PART I Ssctioa iv GOVERNMENT OF KERALA t Labour (B) Department NOTIFICATION G. 0. Rt. No. 94/771LBR. Dated, Trivandrwn, 14th January 1977. S. it 0. No 87/77.—Whereas the Government are satisfied that public interest requires that the State Bank of India should be exem') ed frnm ceratin provisions of the Kcrala Shops and Commercial Estabtish,si:nts Act, 1960; - Now, therefore, in exercise of powers conferred by section 5 0f the • Kerala Shops and Commercial Establishments Act, 1960 (34 of 196") the GoveTnment of Kerala he'eby rxembt for a period of one y:ar with effect • from 1-1-1977 the State Bank of Irdia ad its branches situated in this state from the provisions of sections 6 and 7 and subsections (I), (2), (3), (4) and (5) of section 13 of the said Act. • By order of the Governor, C. T. JosEPh, • Joint Secretary. • Explanatory Note (1 his does not form part of the Notification but i5 intended to indicate its general purport.) -. The provisions of the Kerala Shops and Commercial Establishmects Act, 1960 are applicable to the bunking institutions in this State. The State Bank of India has requested Government to exempt the bank from the ,) app!icabilty of the provisions of the Act in view of the more btnefiL,1 terms or coniditionsof service in enjoyment by the employees urdrr the ipar'ite agreemr nt entered into beteen the bank's mariagerner t and the mployees. Government consider that exemption may be - granted to this Estab]ithnient from the provisions of ections 6 and 7 and subsections 1, 2, 34 and 5 of section 13 of the Act only and exén ption is granted accord- ingly; The ntnification is to achieve the above purpose. Regn. No.KERBhIJ2Ol2J4503 oaop dated 5-9-2012 with RN! Government of KeSla No. K!JrV(N)/634)2015.I7 2015 —I 'I Cith(b@W(fl)flO. KERALA. GAZETTE eflb(fl)3U)30Q'flo • EXTRAORDINARY aflufla3Ø1o,w3(nJ1 PUBLISHED BY AUTHORITY 2015 M38.1 6 cfib1fli(ThT5)flJlØo, 6th March 2015 MOOS 4 1190 a2oeo 2 Tlnrnvananthapuram. 22nd Kurnbham 1190 No. } 486 Vol. J Friday 1938 nfloø8u,cno IS I5ihPhalguno J936 ca,ø (flMSae38 Dtm3Q0J10 QemnJEmsnJ2o (tuIb(5) Qk6, c0GTO3nJ(flo 2075 0aOL6J2J 26 (TU.Q. (fllbaJ1)24/7o15fQt)o3 (D)?øJrZKflfltOnJJrVo. 1190 'AJoSo 14. ng)OZ. MTOCS. CL mm* 114/2015-2006-021 &DMZ OrM(n3 cun4 acø4mwtS 0 W1r9 Cfd 6m0tAAJ0V ua,izaflus1 mt (2006-6)GJ 24) 5-Qo oia, (i)-oo QJa,n tnJ&,OtDo MM&%6)ql§ wsxthcs,om&jou8 ofla1cocif1Aj G&OZ (fl$cbQ3t5, 2007 is-oo crucZ.0004 q4.thv1os m1tnJGT1mad m'16wcncmnj10 nnicrdcizcç ocrut6sd mojS1..J cimflao1.001A41, 'a's. 331868120151S-21. I 2 ftimml Aigelaeo7jolo pJ3oo€(uo.—(z) 2015-6)ei aaog 0t321(T m4 a,amc n ocnJrnocfcn omouqwo1 oen1kd1 (osaww$1) jwW)1 ng)m anuS nOU0Q1aflTh)06fli. - (2) 9205 QsOS t iosnieismmThv3 n 6n. l06)2Q QS13U)ø1r2bO7QQJ. GaØQ &mojaiS (17I7Cf e,eajcn)caZ -M(&b6V,d!@mrfcoY Q(wow1eJo1 caaazmlwl riaimlaplem 26-00 (2)-00 QnJQJ6flW1&Q2flI, OQIfl& Qc4)cW(lq1 ao6cui' nTfl cu046&o8 QcmmeQfla8tnJa000, OSOo øosnSouiqr tafla5av7J ornxflol. (was afie&momtwec cothzoantco.Qj. GY' °'' 6©a oIuD3o naspmamn'i eantesmosth.) 2007-EI0 00 Q3n3(T (UTCf &aotuZ 9JktiTh4Cn3 Qmoswo1 oaajacn1w1 njaucu,lcflc,a 26-00 QJEfltD1&, ( 2)-00 nJ61J6TTU)1&, lnJ&'COo - 0WI40(StMD cmbaaJ.tn)oQso.4o IG C* CTXThUflflXTh1 6) O(TT)tTh1 G)Cfl 006M tblQlcnYl.sooIQs cTuaaMnJtw)o, m30,2cJZ crodglenlml, .tiocn0ruo8g, Q&xaDQflou s wcn8n, qoio8 Qng)n.s1çj1 a,oSoi 00nTflnJ1Qei • etmalwSo gmfiec oepa nJ.Ai4çJ nr)ommoa.00 aimo6n n(fl'S njnicn.m eJgon. tmlcS onJo5iS gwcfl1 &Od(WIta wmoruoaM&eanu nai tbonJMan wlwoci, tJV tWOS a J6 s2cflti1&MoJcmøc. QQJo 0150(86)MCf (nJOQ)o a nac,00@otniou5 QETSOa.jflfl LJ3a00110, avjaiflzj5j&AA a nao1eg,szm' ticn3mm tiom Iu)1aw.oeoqfl ann8 @nqu11 d6o(ScLo EnloJoe1nJom2o mwflotaoowfl ncmcm njwtfl atawzil oaJçn13cro "°°° . - ozm8jomr eJano m1nccup1crrnm1n Qa 1sjoaomzocnc kW34er afltrnonjmo. F - - • 4tb- 2000 KERALA GAZETrE 4 ea303 UflUOfl° 4 EXTRAORDINARY (mO(m3w3(D61fl0. PUBLISHED BY AUTHORIfl' nJUiS ° CflQflSA",CYfl' ) Thlruvaranthapuram, 3rd February 2000 Vol. XLV I Thursday 2000 QnO(EOJnJO1 3 No. I .228 oJoa1s 45 C)1øOmCTThnJ(b0, 14th Magha 1921 mmi I °"-" 14 J OJSCAD. 1921 GOVERNMENT OF KERAIA Labour and Rehabilitation (E) Department NOTIFICATION G.O.(P) No. 1 1/2000/LBR. Dated, Thhruvananthapuram, 29th January, 2000. I S. R. 0. No. 117/2000.—Whereas the Government of Kerala are satisfied that public interest so requires that Messers VoltasLimited, Kochi should be exempted from the provisions of sections 6 and 8 of the Ke!ala Shops and Commercial Establishments Act, 1960 (34 of 1960); j Now, therefore, in exercise of the powers conferred by section 5 of the said Act, the Government of Kerala hereby exempt Messers Voitas Limited, Kochi from the provisions of sections 6 and 8 of the Kerala Shops and Commercial Establishments Act, 1960 for a period of one year from the date of publication in the Gazette. By order of the Governor, DR. C. V. ANAMDA BosE, Secretary to Government. 33/561 /2000/MC; 2 Explanatory Note (This does not lorm part of the notification, but is intended to indicate its general purport.) As per G.O.(k't.) 799/95/LBR dated 3-4-1995, G.O.(Rt.) No. 343196/ LBR dated 2-2-1996 and G.O,(Rt.) 974/97/LI3R dated 31-3-1997 and G.O. (Rt.) No2938/97/LBR. dated 21-10-1997, Government have exempted Messers Voltas Limited, Kochi from the provisions of sections 6 and 8 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) for the periods 29T1994 to 1-9-1995, 2-9-1995 to 1-9-1996 and 2-9-1996 to 1-9-1997 and 2-9-1997 to 1-9-1998 respectively. Now the Area Manager of Messers Voltas Limited, Kochi has requested Govrnment to grant further exemption from the provisions of sections 6 and 8 of the said Act. Government after detailed examination found that if the existing system of woi'lcirig in the cOmpany is altered, it would create unrest among workers in the particular establishment and hence public interest warrants exemption of the said establishment from sections 6 and B of the Kerala Shops and Commercial Establishments Act, 1960 for a further 0 period of one year from the date of publication in the Gazette. N' Hence this notification. - t PRINTED AND PUBLISHED BY THE S. G. P. AT TUE GOVERNMENT PRESS, - THIRUVANANT1IAPURAL 2000. GOVERNMENT OF KERALA Labour and Rehabilitation (E) Department NOTIFICATION G.O.(MS) No. 152/2012/LBR Dated, Thiruvananthayuram,22nd October, 2012. S.R.O No...... /2012.- In exercise of the powers conferred by section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Govermnent of Kerala, being satisfied that the public interest so requires, hereby exempt the establishment of Seematti in Kottayam and Ernakulam Districts from the operation of the provision of sub - section (1) of section 11 of the said Act, for a period of one year from the date of publication of this notification in the Gazette, subject to the following conditions, namely :- • '1) Every person employed in the establishment should be provided with all nefits under ILabour Laws. (2 Eviy person e aiployed in the establishment should be allowed a weekly holiday with ft II wages as efrksaged in sub-section (2) of section 11 4f the • said Act. 4 (3 ) The Register o employthent under sub- rule (1) of rule 10 of the Ken ila Shops and Cor utietcial Establishments Rules 1961 must properly be kept in. the establishme atl and shobld bpro.duced I efore the Labour Officers r • inspection as a ad when rqüesed by them. Every person errployed in the etabIishmetit should be allowed interva, for rest as envisaged in sectioi 8 efi the said Mt. Every person err. pidyed in the c stablishrneit should be given overtime wages as envisaged in dction 7 dfthekaid Act. IP The working pe dd bf $kson ernplèyed in the establsljfr t sh uld not be exceeded ovS tene*rif and a thlf hours ihcluding spread 9sr, as en4 isaged in section 9 of e said Act. I I Byordierofthe 1 overnor, H • B.!Babu • H - Additional Sdc,retaiy . i . (Secretafy-ili-char H ExpIanator) Note (This does dt formpàrt1 ofKhe notificition, but is intenedto indic4te its ge ieral purport.) • As per sect n,5 of the KeitAla Shops dndCommercial ffstablishmehts Act, 1960 th Government m by notificatioN in the Gaette !xempt any establishmnts from any or all of the provi o s of the Said Act, if it 1 satisfied by th . Governii4ient that the pu lic interest so t ires. Governthent have decided to exethpt the est*blishment of of one y4ar, from the Se máttk- in Kottdy • and Erkiam distritg for a period pr vision of sub H s ti6n (1) of sectiOn 11 otithe said Act. This Notifit ii in intended to achieve the above purpose. -C kcrala Gaaopc No. 8 dated 22nd February 1977 Part kctlon Lw GOVERNMENT OF KERAM t Labour (E) Department NOTIFICATION G. 0. (Rt.) No. 208/77ILBR. Dated, Trivandrum, 8th Feb'uaj 1977. S. R. 0. No. 156177.—Whereas he G)vernment are 'atisfied that public interest iequires that all the etabjishments situatd in the Nitional, Agricultural and Industrial Exhiikion, Thiru'akkara Maidan, Kcttayain should be exempted from the provisions ofsubsection (1) of secion 10 actd subsection (I) olsectioa Iloithe K.erala Shops and Cornuercial Establish- ments nct, 1960 (Act 34 of 1960) during the period of the exhibition. Now, therefore, in exerdse of the powers conferred by section 5 of the said Act, the Government of Kerala hereby exempt all - the estahli-.hments 0 situated in the sad exhibition ground from the provisions of susection (1) of section 10 and subsection (1) of section ii of the said Acj for the period from 20-12-1976 to 31-1-1977 subject to the condition that every ethployee shall be granted a day's rest in a week. Hv mdci of the Goverco,, 'MfleDESN - aspisnatory Not. (This does not form part of the notification but Is intended to Indicate • the general purport.) -- The Municipal Commissioner (Exhibition Secretary) has made a request to exempt the stalls situated in the exhibit ioi ground from subsectiDn (1) of section 10 and subsection (I) of section 11 of the Kerala Shops and Commercial Establishments Act, 1960. Government are satisfied that .% exemption is necessary in the interest of public. The notification is intended to serve this purpose. - G. 329. / rnkv. Government3T'Kej-aIa Reg. No. oWl. axnjt C&,M@ Cfl)th,O6)Otô KL/TV(N)/12112-14 2012 (f)ff))00 PUBLISHEDIi. BY AUTHORITY mw1oa11aotfl Lnm)1aA)6)rJs(uTm1am Thiruvananthapuram, 9th March 2012 - Vol. LVII Friday 2012 ZO&aJ 9 - No. 470 nJoeJo 57) (UOflJ(DUThnJ1OO, 19th Phalguna 193 nxnxà J 6)QJ1 1933 eno&flflo 19 GOVERNMENT OF KERALA C Labour and Rehabilitation (E) Department NOTIFICATiON Ci 0. (Ms) No. 38/2012/LI3R. Dated, Thiruvananthapurarn, 5th A!arch, 2012 S. R. 0. No. 158/2012.—In exercise of the powers conferred by sub-section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government of Kerala being satisfied that public interest so requires, hereby exempt the establishment of Manappuram General Finance and Làasing Limited from the operation of the provision of sub-section (1) of section Il of the said Act, from the date of publication of this notification in the Gazette, subject to the following conditions, namely:- (I) Every person employed in the establishment should be provided with all benefits under Labour Laws. (2) Every person employed in the establishment should be allowed a weekly holiday as envisaged in sub-section (2) of section 11 of the - said Act, with full wages. PRINTED AND PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENI' PRESSES AT THE GOVERNMENT cEWrRAL PRESS. THIRUMANANrHAPURAM. 2012. 3311015120121D1P. 4 S ( 2 (3) The Register of employment must properly be keptku the establishment and should be produced before the Labour Officers for inspection. By order of the Governor, B. Bnu, Additional Secretary (Secretary-in-charge). Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport.) As per section 5 of the Kerala Shops and Commercial Establishments Act, 1960 the Government may by notification in the Gazette exempt any establishments from any or all of the provisiOns of the said Act, if it is satisfied by the Government that the public interest so rèuires. Government have decided to exempt the establishment of Manappuram General Finance and Leasing Limited from the provision of sub-section (1) of section 11 of the said This notification is intended to achieve the above purpose, C] © Government of Kerala Rég. No. o1. mcnid C&mp (lt(üaQZXô KLJrV(N)/ 12/12-14 2012 4b tffibOU3 Wocb6mo PUBLISHED BY AUTHORITY cm,w1o,ocb1€o,qJocn)1 i1ajsmtnam6 Thiruvaüanthapurarn, 91h March 2012 Vol. LVII Friday 2012moth 9 No. 471 c020jt0J$o, 19th Phalguria 1933 CuJ3G\o 57 5 mold } 00j 1 1933 nooc8mcno 19 GOVERNMENT OF KERALA Labour and Rehabilitation (E) Department NOTIFICATION U 0. (Ms.) No. 37/2012/DR. Dazed Thiruvananthapuram, 51h March, 2012. S. R. 0. No. 159/2012.—In exercise of the powers conferred by section 5 of the Kerala Shops and Conitnercial Establishments Act, 1960 (34 of 1960), the Government of Kerala, being satisfied that the public interest so requires, hereby exempt the showrooms of the Malabar Group from the operation of the provision of sub-section (I) of section 11 of the said Act from the date of publication of the notification in the Gazette, subject to the following conditions, namely:- (I) Every person employed in the establishment should not be allowed to work continuously for more than 10 days and which should not be exceeded 48 hours in a week. 3 3/ 10 16/20121 OT P. 2 Every person employed in the establishment should be allowed we1dy holiday for one and a half day it every week: The Register of employment must properly be kept in the - establishment. By order of the Governor, B. BABU,. Additional Secretary, (Secretary-in-charge). Elanatory N ote (This does not form part of the notifica ion, but is intended to indicate its general purport.) As per section 5 of the Kerala Shops and Conimercial Establishments Act, 1-960- (34 of 1960) the Government may by notification in the Gazette exemp ,y establishment from any or all of the provisions of the said Act, if it is satisfied b7ffie Government that the public interest so requires. Government have decided to exempt the showrooms of the Malabar Group from the provision of sub-section (1) of section 11 of the said Act. - This notification is intended to achieve the above purpOse S ?RINTED AND PUBLISHED BY THE SUPERrNTENDENT - OF GOVERNR{ENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVA NANTHAPUIUNM, 2012. Aerala Gazette No, 8 dated 22nd February 1977., W SOCUOn iv PART I I 0 V GOVERNMENT OF ICERALA Labour (E) Department - NOTIFICATION - G. 0. (Ms) £No. 101771LBR. Dated, Trivar,drum, 9th February 1977. S.ltO. No. 166/77.—In exercise of the powers conferred by subsection (5) of section 1 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government of Kerala, after having given three months notice of their [intention of so doing as required by the said sub- section, hereby apply all the provisions of the said Act to Mannarghat Pancbayat of Mannaighat Taluk with effect on and from 1-3-1977. 0 By order of the Governor, J. S. Bnm.w, Secretary. Explanatory Note (This does not form part of the notification but is intended to indicate its general purport.) The provisions of the Kerala $hops and Commercial Establishments Act, 1960 have not been made applicable to some of the Panchayat areas wihin the State. As a result of an enquiry it is felt necessary to apply the provisions of the said Act to Mannarghat Panchayat area where large number of Shops and establishments are situated. In the areas where the Kerala hops and Commercial Establishaents Act is in force, the workers enjoy eneftts contemplated in the Act; It is intended that the benefits of the Act should be extended to the employee! of Shops and Establishments within the Mannarghat areas also. This notification is to achieve the above purpose. G. 391 0 G.vèrnment ef Kerala 14, m:mm.sm — uthaQ cb 4 1999 • KERALA:GATETTE - cA • EXTRAORDINARY PUBLISHED BY AUT::oRrry s4s1as&cfr.so421 i, aicru1e . -- 4th March 1999 C Vol. iaw j .Thiruvanatthapuram, 1999 00 4 No Thursday - 441 cukaJ3o44 I cm1108nJmcm)nJ(bo lath Pbalguna 1920 mn.v 0J\OWo 1920 naotu)YO! 13 J • -GO VERNMENP OF KERALA .. - Labouz add Rehabilijation (E) Department * -- NOTIFICATION G.O.(P).No. 26/991LBR. Dated, Thirzivanantiiapuram, 26th Februaty,-l999. - S. *O. No. 187/99.—In exercise of the powers coferred • by section 33 of the Kcra[ajShop§ and Commercial Establishments. Act, •1960- (34 of 1960) and in supersession of the notificatio& issued in G.O. (MS) No. 49/93/ - LER datc4 19th July, 1993 published as S.R.O. Nq. 1156/93 in the Kerala - Gazette Extraordinary No. 755 dated 23rd July, 1993 the Government of Kerala' heieby authorise Dist?icç Labour Officers (E). in the Labour Depart- gient mentioned in column (2) ofithe schedule below to bc.the Authoritid to -. exercise the powers vested in thern under sub-section (2) of section 10 or the ,said LAct in respect of the areas specified against column (3) thereto, iubject 1' to 4t&condition that such exetcisesha1l be_subject to control and revision by the Labour Commissioner, Kcral. - 4.- FaINTED AND FURUSHED BY THE S. C. V. AT TEE COVERNMaNT PRESS, - • - TUIRUVANANTHA?URAM, 1999. -. 33/1221199/MG - . • - I ? 4 SCIaDULE Serial Designation of Officers Mnnber with Headquarters Territorial Jurisdiction (1) (2) . (3) District Labour Officer (E), Revenue District of Thiruvananthapurarn T,hiruvananthapurath District Labour Officer (E), Revenue District of Kollam Kollam District Labour Officer (E), Revenue District of Pathanatnthitta Pathanamthitta District Labour Officer (E), Revenue District of Kottayam S Kottayarn -. • .5. District Labour Officer (E), Revenue District of Alappuzha Alappuzha 6. District Labour Officer, Idukki Revenue District of Jdukki a • 7. District Labour Officer (El), Revenue District of Ernakulam Ern*uiam District Labour Officer (E), . Revenue District of Thz'issur IrItrissur . . District Labouj Officer (El), , Revenue District of Malappuram Maláppuram U!. District Labour Officer (El), Revenue District of Palakkad Palakkad District Labour Officer (El), kevenue District . of Kozhikode Kozhikode District Labour Officer, Wayanad Revenue District of Wayanad 13; District Labour Officer (El), • Revenue 'District of Kannur Kannur / 14. District Labour Officer (E), Revenue District of Kasaragode Kasaragode ' By order of the Governor, DR. V. RAJAG0n.tAn, Secretarj to Government. :1 3 Explanatory Note 0 (This does not form part of the notification, but is intended to indicate its general purport) Sub-stction (2) of section 10 of the Kerala Shops and Commercial Establishments Act, 1960 confers power on the Government to fix the time at which any establishment or class of establishments shaji beclosed r opened in any local area. The Government of Kerala, as per notification No. 49193/ LER dated 19th July, 1993 published as S.R.O. No. 1156/93 in the Kerala Gazette Extraordinary No. 755 dated 23rd July, 1993 have authorised the Labour Commissioner, Kerala to çxercise the powers vested in them under sub-section (2) of section 10 of the Kerala Shops and Commercial Establish- Q ments Act, 1960. Now, the Government ha've decided to authorise the District Labour Officer (E) to exercise the said power in their respective areas ofjurisdiction by invoking the powers copferred on Government under ev section 33 of the said Act. This notification is intended to achieve the above purpose. jO Rcgui.No. KFR13II120I2/45073 a&øcj mxeoth daidd 5-9-2012 with RNi Goyernthent of Kerala tA_J(4)akkt&t Rcg. No. K!JIMNYÔ34/20I5-17 2015 Ccthø (IXIUOC) KERALA GAZETTE $ • I . alBCfl)9WatbmO H • . ExTRAoRDINARY . nt1avjptm • . I ' . PUBLISHED BY AU1'HORITY 2015 '43Ltflms 9 w,lomoImnmaJlcr)o. 9th April 2015 flI3PJo'4 njawo - 1190 COMO 26 1 26th-Meenam 110: 797 I Thimvananthapuiam, No. Vol.IV OOaJ(()G 19 J Thursday 1931 19th Chaithra1937 . GOVERMtENT OF KERALA I . Labour and Skills (E) Department NOTIFICATION G. 0. (P).No.37/2015/LI3R. DOicd;Thiruvananthapuram,_31st March, 2015 17th Meenarn, 1190. - . S. R. 0. No. 208/2015.—In exercise of the poweis conferred by section-S of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1969), the Government of Kerala being satisfied that public interest so requires, hcreby exempt the shops situated in Munnar in Idukki District from the operation of the provision of sub-section (1) of section It of the said Act, for a period of one year from the date of publication of this notification in the Gazette, subject to the following conditions, namely:- (I) Every person employed in the establishment should be provided with all the benefits under Labour Laws. (2) Every person employed in the establishment should be allowed a weekly holiday with full wages as envisaged in sub-section 2) of section II of the said Act. . . • . 3311-368120151S-8: • . •. . • . . .-. $ . . $ .. .. . . . $ 2 The Register of employment under sub-rule (1) of Rule 10 of the Kerala Shops and Commercial Establishments Rules, 1961 must properly be kept inthe establishment and should be produced before the Labour Officers for inspection as and when requested by them. Every person employed in the establishment should be allowed interval for rest as envisaged in section 8 of the said Act. The working period of every person employed in the establishment should not be exceeded over ten and a half hours including spread - over, as envisaged in section 9 of the said Act. By order of the Governor, TOM JOSE, Principal Secretary to Government. Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport.) As per section 5 of the Kerala Shops and Commercial Establishments Act, 1960, the Government may, if they are satisfied that public interest so requires or that the circumstances of the cases are such that it would be just and proper to do so having regard-to the nature and capacity of the establishrncnts, by notification in the Gazette, exempt either permanently or for any specified period, any establishment or class of establishments in any area or persons or class of persons to which or to whom this Act applies, from all or any of its provisions subject to such restrictions and conditions as the Government deem fit. Government have decided to exempt the shops situated at Munnar in Idukki District from the provisions of sub-section (1) of section 11 bf the said Act, for a period of one year from the date of publication of this notification in the official Gazette. . The notification is intended to ichieve the above objeCt. - PRINTED AND punuslIr.D BY THE SUPERtNrENDEtF OF GOVERNMINr PRESSES AT THE GOVERNMENT CENTRAL PRESS. TIIIRUVANANDIAPtJRAM, 2015. A Reg. No. K. 1O'L of Kerala '3 (ERALA GAZETTE I EXTRAORDINARY PUBLISHED BY AUTHORITY - 31st March 1973 Vol. XVIII] Trivandrum, Saturday LN0. 292 10th Chain-a 1895 GOVERNMENT OF KERALA Labour (B) Department NOTIFICATION I • G.O. Rt. No. 382J73/LBR. Dated, Trivandnim, 29th March 1973 S. R. O.No. 210/73.—In exercise of the powers conferred by Section 34 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) read with section 5A, 513, 5C and 14 thereof the Government of Kerala hereby make the following amendments to the Kerala Shops and Commercial Establishments Rules, 1961, the same having been previously published as required by sub section (4) of the said section. AMENDMENTS In the said Rules: 1. After Rule 2, the Tollowing rules shall be inserted, namely:- "2A. Form of dpplication for grant of Cer4ficate of Registration and Registration fees.—(1) Every appli6aiion under Sub-Section (1) of Section 5A for a registration certificate in respect of an establishment shall be made in duplicate in Form Br. (2) The application shall be accompanied by the Treasury Receipt show- ing that the prescribed fee for the registration certificate as specified in rule 2G has been paid. 33/937/MG. •' 7 2. (3) The application in duplicate together with the document sj in sub-rule (2) shall be sent ,by registered post or delivered in person acknowledgement to the competent authority notified under Section I 213. Application for renewat—(l) E very applicationfor renewal registration certificate under Section 5A shall be made in Form El. application shall be accompanied by the following dpcuments, nam The Registration Certificate sought to be renewed. The Treasury Receipt showing that the fee for the renewa. of the registration certificate specified in rule 2G has been paid. (2) The applicatOn together with the documehts specified in sub-rule (I) shall be sent by registered pdst or delivered in person, under acknowledge- ment, to the competent authority notified under Section 5A. 20. Terms and conditions of Registration Certficate;—( I) A . Registra- tion Certificate under Section 5A, shall be in Form B II. Every Registration Certificate granted or renewed under Section 5A shall be displayed by the employer in a conspicuous place in the premises of the establishment. Except as provided in rule, 2H, the fees paid for the grant or, as the case may be; renewal of Registration Certificate shal1 be non-refundable. 2D. Amendment of Registration Oer4ficate.—(l) A registration certificat granted under rule 20 may be amended by the competent authority; 41 (2) Any, ernploer who desires, to have his Registration Certificate amended shall give a notice in Form B IIIto the competent authority with dopy to the Inspector having jurisdiction over the area in which the establish! mciii is situate; . . (3) The notice shall be Accompanied by a treasury receipt showing that the fee for the amendment of the Registration Certificate as specified in rule 2G has been paid. 2E. Issue of duplicate of Registration Certfficate.—( 1) If a Registration Certificate under Section 5A is lost, stolen or destroyed, the employer shall forthwith report the matter to the competent authority by whom the Registration Certificate was issued or renewed as the case may be and the employr may make an application to that authority, for the issue of a duplicate Registration Certificate. (2) The application shall be accompanied by a treasury receipt showing that the fee for the issue of a duplicate Registration Certificate as ecified in rule 2G has been paid. (3) On receipt of the application, the competent authority shall grant the applicant a duplicate copy of the Registration Certificate duly stamped Lto uplicate' in red 3 Appeal.—An appeal under Section SB shall be accompanied by a y Receipt showing that the appropriate fee in respect of the appeal as I in rule 2G has been paid. Fees.—(l) The fees tobepaid for the grant orrenewal of a Regis- ificateunder Section5A shall be asspecified in the table below:- TABLE henumberofemployeesproposed tobe employed on any kdayng the year for which the licence is required or renewed Rs. (a) isNTL does riot exceed 10 5 exceeds 10 but does not exceed 25 10 exceeds 25 but does not exceed 100 20 (e) exceeds 100 30 The fees to be paid for the amendment of the Registration Certifidate shall be Rs. 5 plus the amount (if any) by which the fee that could have been payable if the licence has originally been issued in the amended form under these rules exceeds the fee originally paid for the Registration Certificate. The fees to be paid for the grant of a duplicate Registration Certi- r cate shall be five rupees. • The fees payable in respect of an appeal under Secticxn SB of the Act shall be:- - . (a) Ten rupees in the case of an appeal against an or4er refusing to grant or renew a Registration Certificate or cancelling or suspending the same in respect of any establishment if the maximum number of employees pro- a iosed to be employed therein is fifty or more; (b) Five rupees in any other case. The fees payable under this rule shall be paid into the nearest Government Treasury under the Head of Account as may from time to time be notified by the Government. 211. Refund of Fees.—(l) If the competent authority refuses to grant or renew a Registration Certificate under Section 5A, he shall order the refund of the fees paid thereof, provided that in case where an appeal under Section SB, is pending, the competent authority shall order the refUnd of fees only after the disposal of the appeal; (2) If no establishment is run at any time during the period of validity of the Registration Certificate in respect thereof the employer may within a period of one month from the date of the close of the year for whiç- -tb------Registration Certificate was granted or renewed, apply to the rnPetent A - - - - edt. 4 in authority for theirefund of the fee p,aid by him for such Registration ficate and the ompetent authority shall, after making such enquiry as may deem necessary and after satisfying himself about the correctness ci statement made in the application order refund of such fee. 21. ] The amount payable to any employe under Section l3Asha paid to himon production of a certificate in Form B IV from a Medical not below the-nnk of an Assistant Surgeon employed in the Departm Health Services or from the head of a Medical Institution recognise Government for the purpose of conducting sterilisation operation." 2. After Form B, the following Forms shall beinserted, namely: FORM No. 'B' "I" (See Rules 2A and 2B) Application for grant or renewal of Registration Certificate for the year ...... 1. Full name of the Establishment: 2. (i) Full postal address and situation of the stabtish- ment (here enter House No., Street, etc.) Full address to which cpmmunications relating to the establishment should be sent: Name and address of the employer: 3. Whether Shop or Commercial Establishment and nature of business carried on: 4 (a) The No. of employees in. The establishmen: (b) The number of employees with their names, employed in the Establishment during the previous year (a list of names be attached): (a) Full name and residential address of the person who shall be the employer for the purpose of the Act:. (b) Full name and residenti4l address of the person who shall be the manager for the purpose of the Act: If the employer is a partnership company, etc., full ire and residential address of other patncrs or dirccrs etc. (see Note 2 at the end): L6 1_1 5 Amount of Fees Rs. (Rupees. .) paid in Treasury on ...... vide Chalan No...... enclosed: - I hereby declare that the particulars furnished by me in the form are je best of my knowledge and belief accurate. Signature of the Employer. %Xot, his form shall be completed in ink in BLOCK letters or typed. 2. If anyperson named against item 6 is a minor the fact shall be stated clearly. FORM 'B II' çsee Rule 20.) Registration Certificate Registration Certificate No. Fee Rs Register No. Registratipn Certificate under the Kerala Shops and Commercial Esta- shmcnt Act, 1960 (34 of 1960) is hereby granted renewal to t respect of the, establishment described below:- This Registration Certificate shall remain in force till the 31st day of December...... ---Name of Establishment ...... ituation of Establishment ...... Name of Employer ...... Number of employees: ...... Signature & Seal of the Competent Date: Authority. Date of Renewal Fees paid for renewal -Date of enquiry I. Date: -' Signature & Seal of the Competent Authority. I I!' A 6 Amendment Chenges in respect of any of the particulars mentioned in the application under Section £4 (i) ..4dditionalfee 3 . Transfers Xame of the person to Jtame of the establish- Signature of the whom transferred ment Competent Authority I Date: Signature & Seal of the Competent Authority. FORM 'BITT' - [See : Rule 21) (2)] Notice of Changes for amending Registration Certilcate Name of the Establishment and address thereof: Name of the Employer: Particulars of changes for amendment: Details of circumstances under \vhich the changes were effected: Remarks: Date: - Place: Signature of the Employer To The Competent Authority, under the Kerala Shops and Commercial Establishments Act, 1960 (37 of 1960) Copy to: The Assistant Labour Officer (Inspector) having jurisdiction over the Lstabhshment - - I 7 nflJ' , -I Certificate is to certify that Shri/Smt . lonjNs ...... has undergone sterilisation operation on ..... inder - supervision/guidance in the 1-IospitallHealth Centre/ ...... at ...... Place: Signature, designation and address of Date: Issuing Authority. • By order of the Governor, U. MAHABALA RAO, Secretary to Government. NOTIFICATION—TI • 0. Rt. No. 382/73/LBR. Dated, Trivandrum '291h March 1973 S.R. 0. No. 211173.—Under sub section (2) of Section I of the Kerala Shops and Commercial Establishments (Amendment) Act, 1969 (Act 32 of 1969) the Government of Kerala hereby appoint 1st day of April, 1973 to be The date on which Section 2 of the said Act will come into force. By order of the Governor, U. MAHABA'LA RAO, Secretarj to Gowernment. NOTIFICATION—Ill G. 0. Rt. No. 392/73/LBR. Dated, Trivandrum 29th March 1973 S.R.O. No. 212/73.—In exercise of the powers conferred by sub section (I)of Section 5A of the Kerala Shops and Commercial Establishments Act, 1960 (94 of 1950), the Covernment of Kerala hereby specify the Officers mentioned in col. (2) of the schedule below to be the 'Competent Authority' for the areas specified in. col (3) thereof. ¼. - SCHEDULE SI. Designation Territorial Jurisdiction iVo. ,,_ (1) (2) (3) District Labour Officer, Revenue District of TrivaiWum Trivandrum Do; Quioh do. Quilon Do. Alleppey - do. Alleppey Do. Kttayam do.' Kottayam Do. Alwaye do. Ernakulam Do. Trichur do. Trichur Do. Paighat do. Palghat Do. Malappuram do. Malappuram Do. 'Kozhikode ) do. Kozhikode Do. Cannanore do. Cannanore. • ( By order of the Governor - U. MMIABALA RAO, Secretary to Government. NOTIFICATION-_ly G.O.Rt. No. 382/731LBR. ' Dated, Trivandrum, 29th March 1973. S. R. 0. No. 213/73.—In exercise of the powers conferred by Section 5B of the Kerala Shops and Commercial Establishments Act, 1960 (Act 34 of 1960) the Government of Kerala hereby specify the Officers specified in col. (2) to be 'Appellate Authority' for the areas specified iJ 9 , ) SCHEDULE Designation Territorial Jurisdiction (2) •' (3) Revenue Districts of Trivandrum, Quilon and Alleppey. 11 A4&sieia1-Dept1ty Revenue Districts of Kottayam, Commissioner, ttiftle - Ernakulam and Trichur. T rnakulam 3. JAd&tional Depitty Revenue Districts of Paighat, Malappuram, Kozhikode and Cannanore. / Lithotir Comtneri Kozhikodc &.-1rv-wJLfrQ . - By order of the Governor, / U. MAHABALA RA0, • • Secretar, to Government. ri¶o ,j4J: Mv &.o - flJ (eLct L 4j tart e3(k • PENTED AND PUBLISHED BY THE S.C. P. AT THE GOVERNMENT PRESS, TItIVANDRUM, 1973 33JO71MC. • loom Kerala Gazrne No. 19 dated 9th May 1972. PART I GOVERysfljj' OF KERALA Section v Labour (B) Departzment - NOTIFICATION G. 0. R. T. No. 571/72/LBRn Dated, Thoafrg,, S. R. 0. No. 2i4/fl...... r 25th April 1972. section (5) of section 1 of the ICeralaexertheof Shops the and powers Commercial conferred Estab1ishmt. by sub- Act, 1960 (34 of 1960) the Govermc zjt of Kerala, after having given, three herebmonth?y notice of its intefi0 of so doing as required by the said sub-section, apply all the provisions of the said Act to the Panchayat area in Kozh&e Tajuk, - 5-5-l972. KothjJtod District with effect from By order-or the Governor, 'M. S. K. RAMA1WA Sure tarj' •'. 1756 4 Mori I 01 • . kegn.No. KERBh1J2012/45073 Oc8,ø (r)c8as)0t8 dajed 5-9-2012 with RNI Government M.Kérala • No.. KL/T V( )/634120I 2-14 2014: (I)Cfl)OC) KERALA.GAZETITE an&ttaU)oøGmo . , ., EXTRAORDINARY .. . - • . . PLTSHED BY AUTkORITY . 2014 th3tsJ.25 . m1m0n'nku00. - - 25th March 2014 • 010013C 3 MAJOT 1189 ailmo 11 1 942 Thin vuriãnthapurarn) - ... 11th Meenam 1189 .5. Tuesday 1936 0610s1Va)o 4 - . . . 4th Chaithra 1936 - . .• .. - GOVERNMENT OF .KERLA Labour and Rehabilitation (E) Department - NOTIFICATION . • Q, (rn) No. 359i2014/1,13R. Dated Thinevananthapuram, 16th March, 2014. 261/i Kumbham, 1189 S. It 0. No. 216/2014.—WHEREAS, the Government of kerala are saiisfied thét public interest so requires that all the stalls and pavilions situated in the Thristhr Poorani Exhibition Ground should be exempted from' the operation of the provisions of-section 5A, 'sub-section () of 'section 10 and sub-section (I) of ection II of the Kerala Shops and Commercial Establishthents Act, 1960 (34 of 1960) during the period of the exhibition; • • PRINTED AND PIJDUSHED BY THE SUPERINTENDENT OF GOVERNMENT-PRESSES - • AT THE GOVERNMENT CENTRAL PRESS,'THIRUVANANTHAPURAM 2014, 3311455/2014/bTP. • . . -I t 2 Now, THEREFORE, in exercise of the powers conferred by section 5 of the said Act, the Government of Kerala hereby exempt all the stalls and pavilions situated in the said Exhibition Ground from the operation of the provisions of section 5A, sub-section (1) of section 10 and sub-section (1) of section II of the said Act, for the period from 1st April, 2014 to 22nd May, 2014. By order of the Governor, TOM JOSE, Principal Secretary to Government. Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport.) . The Government have decided to exempt all the stalls and pavilions in the Thrissur Pooram Exhibition Ground from the operation of the provisions of section 5A, sub-section (1) of section 10 and sub-section 1) of section 11 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) for the period from 1st April, 2014 to 22nd May, 2014. This notification is intended to achieve the above object. - -. I .16 tel © Regn.No. KERBIL/2012/45073- dated 5-9-2012 with .RNI Governnieritoi Kerala- . Reg. No. KIJTV(N)/634/2015-17 2015 KERALA GAZETTE mcn)owob6mo • EXTRAORDINARY PUBLISHED. BY AUTHORITY 2015 .43LniIC4 20 cm1t1nimcmni2co, . 20th April 2015 .fli3eJ%e . mcmda 1190 OtiSo 6 Thiruvananthapuram,, . 6th Medam 1190 887. Vol. No. I Monday. 1937 SOSILGnO 30 I 30th Chaithra 1937 GOVERNMENT OF KERALA Labour and Skills (E) Department NOTIFICATION G. 0 (P) No 42/2015/LBR April, - ( Dated ThiruvananthaPuram h Meenam, S. R. 01 No. 22412015.—WHEREAS, the Government of Kerala are satisfied that public interest so rëqüires that all the stalls and pavilions situated in the Thrissur Pooram Exhibition Ground should be exempted from the operation of the provisions of Section 5A, sub-section (1) of Section 10 and sub-section (1) of Section 11 of the Kerala Shops and Cothmercial Establishments Act, 1960 (34-of 1960) during the period of the exhibition. H.:.. . Now, THEREFORE, in exercise of the powers confened by Section 5 of the Kerala Shops and Commercial Establishments Aót, 1960 (34 of 1260), the Government of Kerala hereby exempt all the stalls and pavilions situated in the PRINTED AND PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM. 2015, 3311491/20151S-12. - IL 01 Thrissur Pooram Exhibition Ground from the operation of the provisions ol Section 5A, sub-section (1) of Section 10 and sub-section (1) of Section 11 ol the said Act, for the period from 4th April, 2015 to 25th May, 2015. By order of the Governor, TOM JOSE, Principal Secretary to Government Explanatoly Note (This does not form part of the notification, but is intended to indicate its general purport.) The Government have decided to exempt all the stalls and pavilions in the Thrissur Pooram Exhibition Ground from the operation of the provisions of Section 5A, sub-section (1) of Section 10 and sub-section (I) of Section 11 of the Kerala Shops and Commercial Establishments Act, 1960 (34. of 1960) for the period from 4th April. 2015 to 25th May, 2015. The notification is intended to achieve the above object. I. aLa Gazette No. 12 dated 22nd Mardi 1977. RT1 Srctt,n iv • V GOVERNMENT OF KERAL!, labour (E) Department NOTXFICATION G. 0. Rt.) No. 312/711LBR. Datsd, Trivandrwn, 7th March 1977, S. R. 0. No. 245/77.—.-Whereas, the Government of Kerala are satisfied that public interest so requires that all the establishments of Bata Shoe Company (Private) Ltd., situated in this State rhou'd be exempted horn the proviskns of subsectieD (i) if section 13 of the K.tala Shops and Comma. cial Establishments Act, 1960 (34 of 1960), Now, therefore, in exercise of the powers conferred by sectionS of the said Act, the Government of Kerala hereby exempt the said establishments for a period of one year from 1st January, 1977 to 31st Decmber, 1977 • from subsection (1) of section 1301 the said Act subject to the following conditions namely: - I The employees shall be p&d wages for the ho1idas with wages at • their individual request, and .Those employees who are desirnus of enjoying the holidays wi'h wages thall be granted such holidays due. By order of the Governor • - J. S. BADHAN, • Seeretarj. Esptansstory Note (This does not form part of the notificathn ; but is intet ded to irtaicate .ts general purport). The Bata Shoe Co. intends to pa) salary in lieu of 'holiday with wages' to the workers who apply for it. For this payment, the company should obtain exemption from section 13 (1) of the Kerala Shops and Commercial Establishments Act, 1960. The exemption granted earlier for one year -4' expired cn 81-12-1976. The company has requested for exemption for another year. Government intends tj grant the exemption in exercise of the powers conferred by section 5 of the Krala Shops aid Commercial Establishments Act, 1960. This notification is iLAtended to achieve the above purpose. G. 513 rr----' . 7-=777777777777 I - ;•• I9JrV(Nv 12/2006 2008 KERALA GAZEflE @c0(00 (D(fl)OO EXTRAORDINARY • mThCn)OWOøGrflo PUBLISHED BY AUTHORITY mtw1oøofl m1asmTh(m(ø TI,iruvananttiapuram, 20th March 2007 Vol. LII 1 ' Tuesday 2007 axi6 O No. 1 H DO ncej,o 52 J OUUOtJ0O, 29th Phalguna 1928 cncnicJ • •6)sD(N 1928 noocaZcncno 29 GO ff OF }çEIA Labour and Rehabilitaüon (E) Deparunent NOTIFICATIONS 1- Dated, Thiruvananihapuram 17th March. 2007. • G. 0. (Rt.) No. 747/07/LBR. • S. R. 0. No. 252/2007.—In exercise of powers conferred by spction 5- of the Kerala Shops and Commercial Establishments Act, 1960 04 of 1960), and in supersession of Notification G. O (Rt.) No. 1836/03/I-BR dated 5th July, 2003 published as S.R.O.No. 677/2003 in the Kerala Gazette - Extraordinary No: 1357 dated 22nd. July, 2003, The Government of Kerala being satisfied that public interest so requires, hereby exempt the establishments of Tourism from the operation. of the provisions of sections 10 and II (1) of the said Act permanently from the date of publication of this notification in the Gazette subject to the condition that the employer shall permit a compnsatory off to the employees invariably -after every 6 days of duty. - • By order of. the Governor, . C. K. VIWAI'ATMAN, . . . . Secrelary to Government. 33/I 142/2007/DIP. * . (This does not form part of the notification, but is intended to indicate iU generalpwport.) . . . As per G. 0. (itt) No. 1836'03/BR dated 5th July, 2003 Government have granted exemptions froju sections 6, 9, 10, II and 20 of the Keral4 Shops and Commercial Establishments Act, .1960 to the. establishaeñt of Tourism. The Government have now dtcid&i to cancel the exemptions from sections 6,9 and 20 of thesaidAttand toretainihe wthmptions'from setiS 10 and 11(1) of the Act granted to the above said establishment This notification is intende4 to chievc thç above object. U 0: (Rt)No.,748/07/LBR. Dated, Thinivananthapuram, J7thMârch, 2007 & K. 0.. No. 25312007.—ln'exercis6 of - powers cnferred by - section 5 of.the Kerala Shops and commercial Establishments Act, 1960. (34 of 1960, and in su'pSsessiàn of Notification G. O(Rt.) No. 1838/03ILIIR dated' 5th Jiily, 2003, published as SILO. No. 67J20D3 in the Kerala Gazette • xaordinaryNo. 1359 dated 22nd Jul)ç 2003, the Govermuent of Kerala being. iatisfled- that public interest so requires, hereby expmpt the establishments of • Food Processing frpm the o cration of the prnvmlons of sections 10 and 11 (1) of the said Act permanently from the date of publicitioh of this notificati iu the Gazette subject to The condition th4 tjie employer shall permit, a cbinpensatory off to, the cmplorees invariably after every 6 days of thity. 4. Byorder of the Qoernér, • .4 .. ., C, K. VLsvxenkN, •' Se cretan) to (Jovernmen4 - .. . ExplanataryNote , (This red'not form part of the. nbtifi atioi but is intended to indicate its general purport) -. . . , . .. . . . I . . As per G. 0. (Rt) No. 1838/03IISR dated 5th July, 2003' Government have granted exemptions from,sections 6 9, 10, ii and 20 of the Kerala Shàps an Commercial Estab1ishrnnts Act,. 1960 to the establishrnent of Fo 4 - p '.0 • rocething. ' The Government have now decided to cancel the exemptions from sections 6, 9 1an4 20 of the said Act.aud to retain the exemptions from seetions 10 and 11 (1) of th, Act zrantd to the above said establishment. This qotification is Intended to th achieve the above object ox, G. C). (at.) No. 749/07ILBL Dated, Thinivananthapuram, 171k March, 2007, S. R. 0. No. 254I2007.—In exercise of powers conferred, by section 5.0f the Keral&Shops and Commerciaj Fstablishhsènts Act, 1960 (3J of 1960),and in supersession of Notiuicàtion G. b. (Rt.) No. 1841/03ILBR dated 5th July, 2003 ~ published as SJtO. Na. 682/2003 in the Keràla Gazette Thstraordina4 No. 1362 dated .22nd July, 2003, the Government of Kerala being satisfied that public interest so requires, hereby exempt' the eitablishments of Hotels andstauranç fioth the operation of the pn*isions of sections 10 and 11(1) f of the said Act pennanently from the iate of publication ,of this notification in the Gàtette subject to the condition that the emp1oyr shall permit i compcisatciry off to the' employees invariably after every 6 days of duty. • . . ",. . By order of the'Governor, -. C. K. Vis*AJwlw.i, Secretary to Government. ExplanitoryNole (This does not form part pf tht'notification, but is intended to indicate its generalurport) .• . . ' As Do 0.0:. (Ri) No 1841/031LBR dated 56July;2003 Government have granted exemptions from sections 6; 9 10, 11 .a.nd 20 of the KeSa Shops and Commerciaf Establishments Aôt, 1960 to the establishment of Hotels and Restaurant. The Government have now 4ecided to cancel the exemptions from sections 6, 9. and 26 of the said Act and to retain the exemptions from sections IC) and ii (I) of thi Act granied to the above said establishment. his notificatiohis intended to achieve the above object. çcqr ft.* - Iv - - Q:O. (Ri.) No.'7S0/O7ILBR. Dated, Thiruvanant/zapuram,I7th Marc/i,. 2007 S. R. b. No. 255/2007.-71n exercise i powers cóiiferred by section 5 of the Keraia Shops and Commercial Establishments Act, 1960 (34 Of 1960), and in superseèsibn of Notification 0. 0. (Rt.) No. 18 43103/LBR dated 5th July, 2003 publLshed Ps S.R.O. No. .684/2003 in the Kerala.,Gazette Extraordinary No. 1364 dated 22nd. July; 2003, the GOvernnient of Kerala, being satisfied that public interest so requires, here' exempt the establishmenth of Fish Processing from the operatiohof the provisions of sections 10 and 11 (1) of the said Act permanenil)1 from the date Of publication of this notification in the Gazette subject to the cOndition that the emloyer.shall permit a compensatory: .' off to the employees invariably after every 6 days of duty. . By order of the Govemor, C K. WSWAOATHAN,.. Secretary--ta Government. Explanatory Note : (this dod not form part of the notification, but is intended.to indicate its: t general purport.) . . . . . . . . . 4 .. . . ...:As per G. 0. (Rt.) No. 1843103/LBR dated 5th July, 2 003. - 9ovenmient...... have -granted- exemptions from sections 9, lO,fl, and 20 of the Kerala- Shops and- Cômmerdial Establishm ents Act, 1960 to the establishment: of Fish Processing: The Government have p6w decided to cancel the exemptions from: sections 6, 9 and ZO of the said Act and to ittain the exemptions from sectibns 10 and-lI -(1), of the Act granted to the above said estãblisbment.- - This notification is intended to achieve the above object PRINTED AND PUBUSHW) BY THE SUPERINTENDENT OF GOVERNMENT PR5 AT THE.GOVERNMENT CENTRAL.PRESS THIRUVANANThAPURAM. 2007. KeraLa Gatette No. 16 dated'lGtti April 1974. - PAR1 I I I Settiuo Iv H GOVERNMENT OF KERALA Labour (B) Department - NOTIFICATION * G. 0. (Rt.) No. 248174/LBR. Dated, Trivandrgm5 13th March 1974. S. B. 0. No. 262 74 --In exer&se of the poweis conferred by sub-section • (5) of section 1 of the Kerala Shops and Cummercial Estab1j,hnents Act, 1960 (34 of 1960), the Government of Kerala after having gen three rnontbc notice of its intentich ofso doing hereby, aptly all the proisions of the said Act to the Elathur Panchayat area in Kozhikode Taluk, Kozkikode District, with effcct from 1-4-1974. By order' of the Governor, U. MAHABALA RA0, Secretary Explanatory Note (This does not form part o(the Notification but is intended to indicate the general purport) The Elathur Panchayat pa-sed a resolution requesting Government to extend the provisions of Kerala Shops and Commercial Esta',lishments Act, 1060 to the Elathur Panchayat area also. Gavernrnent have cox.sidered the request of the Elathur Panchayat and are batisfied that the provisions of the f Kerala Shops and Commercial Establishments Act, 1960 can be extended to the Elathur Panchayat area also- This Notification is to achieve tho above pux:pose. ' G. 58 Kensia Ganre No. 13 dated 28th March 1s78. FAA? I Section IT 4 GOVERNMENT OF t.ERALA tab osw and Housing E) Departsn..t NOTIFiCATION G. 0. Rt. No. 399/7811. & H. Dated, Trioandnsm, 13th March 1978. S. R. 0. No. 264/78.—Whereas, the Government of Kerala are satisfied that public interest requires that all the establishments of Bata Shoe Company (Private) Ltd. situted in this state should be exempted from the provisions of subsection (1) of section 13 of the Kerala Shops and Commer- cial t.stabljshmertts Act 1960. , . Now, therefore in exercise of 'the powers conferred by section 5 of the erala Shops and Commercial Establishments Act, 1960 (34 of 1960) the Government of Kerala hereby exempt the said establishments for a period of one year from the 1st January 1978 to the 31st December, 1918 from the provisions of subsection (I) of section 13 of the said Act, subject to the ollowing conditions, namely:— -' (1) The employees shall be paid wages, for the holida's with wages, at their individual requeti; and (2) Those employees wko are desirous of enjoying the holidays with wages shall be granted such holidays due. By order of the Governor, J. S. Bnrn.i, Sec ret.r,. Explanatory Note (This does not form part of the notification but is intended to indicate its general purport.) The Bata Shoe Company intends to pay salary in lieu of "Holiday with Wages" to the workers who apply for it. For this payment, the Company should obtain exemptinn from section 13(1) of the Kerala Shope and Commercial Establishments Act, 1960. The rxemption granted earlier for the year expired on 31-12-1977. The Compa y has requested for -, exemption for another year. Government intends to grant the exemption in exercise of the powers conferred by section 5 of the Kerala Shops and Commercial Establishmenti Act, 1960. This notification is intended ta achieve the above purpose. G. 421 I KVFV (N)I L C ,vernmalt of Keral kEALA GAZETTE I E XT ft A OR D INA RY ønatow3cD6m. - PUBLISHED BY AUTHORITY P ribl6aioc1. (njcm1e0wsn.lsAlmmmS! 4 26th March 1999 7 'I x1.iv - I jgruvn.ntiiapuram 1999 mot1° 26 -. No. Friday 641 '44 cm1moJniflThn4(Do,J .5th Chslthra 1921. I C)6)0j(m. j.. ecu& 1921 5 GOVERNMENT OF KERALA / • Labour and Rebabilitation (E) Department -NOTIFICATION . G. 0. (P) No.. 33/99/R. • Dated, ThiruvaflanthaPUrain, 12th March, 1999. S. U. 0. No. 278199.—ln exercise of the powers âonfened by section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960 the Government of Kerala being satisfied, that public interest so Squires, hereby exempt all establishments owned and run by the Kefala Khadi and \'illage Industries Board in the State from the provisions of the said Act permannitly from thr, date of publication of this notification in the Gazette, subject to the following conditions, namely:- not: be . (I) The persons employed in such establishnients shall recuired or allowed to work for-more than 54 hours in a week.. (ii) Overtiniè wages shall be paid for wqrk in any day in excess '. of the usual woiking horns of the establishment whkch employees them and 3150 for work in excess of 8 hours in any -. day -and 48:hSrs-in any--week...... ; :: - 3311727199 IMC. • . •..- • - •: 2 (iii) The periods of work of the said persons inclusive of their intervals for rest shall not sprtad over for more than 1.03- hours in any day. By order of, the Govenor, Dr. V. RAJAGOPALAN, Secretary to Government. Lxplanatory Note ] • (This does not form part of the notificatiop, but is intended to indicate its general purport) As per sectior 5 of the Kerala Shops and Commercial Establishments Act, 1960, the Government may by notification exempt either permanent1y ox for a specified period, any establishment from the provisions of the said] Act. Government have decided to exempt all establishments owitl andj run by the Kerala Kizadi and Villa ge Industries Board in the Stat permanently from the provisions of the said Act on the ground that similai exemptions were given by the Tamil Maclu Government for their Kh and Village Industries Board. This notificatidu is intended to achieve the above purpose. 0 '9 PRINTED AND PUBLIEED BY TEE S. G. P. AT THE GOVFtSfl FREes THIRUVANANTHAPURAM, 1999. t'. • - . Rcg. £$v. jvdC• •06 KLfV((mIk 34200 "-s KERALK,GAZETTE •Uao :wth)oo°- - EXflAO.RDlNA- nwib3rnfli6 : AUTHORITY. PUBLISHED DY 3UUr Ire . 1 - paSim, 22nd March 2004 - .a ' jtS.st v. 20O4a0& 0 22 No.1 4. Mnday ) 7.19 - 2nd Chalthr. 1526 , jAns. 4* 4 I926°1 2 • . (-1OVERJ1MENT OF KERALA - lab.%r sAd ltáabilitation, (E) Department • NOTIFJCATION - Dated, X/tinwananihaPttml?Z, 9th March, 2001- GA). (itt.) No.0Th2D041LB1t N4$1f24._W0htit1M.th0 Gbvernfllcltt of Kerala are Satis- • t*. 0. •M/s., Tafa that public wterest .requireS thatthe Administrative Office of . *si Willington Island, Kochi.682 003 - P. B. No. 54G • To Ltd., Bris tow R.nad, and ComTnerCal b*d be cxcxnpted from section 8 of the Kerala Shops :ia,ushuaotsAct, 1960 (34of1960). -, Now,1IIE2Z?0, iii .xèciscof tim poers conferred by Seetio 5 of th Qovetwneat of Kcrala hereby exempt M(s. Tata Tea Ltd., - &d Act, e BIjnow Baiad, P. 0. No, 546, Willington Islaxid, Kocbi-682 003 from the of h•o said Act for a perioa of two vcaiC ~ * - By order of the Goverilor, EUAS GEoRGE Sacraa'yio GQvsrn1n4lIt. - 2 EsplanstoryNOtø (ThIs does not form part of the notifieatiotnt is istend4.t in4icate its general purport..) MJs.Tata Tea Lfri., Kochi has requested.Gavernnieit to gtant exemption to its Administrative Office from Section 8 oftheIteraja, $Iwps and Comrnei'- cia! Establishments Act, 1960 (34 of 1960). Governmtt Iave considered the request and have decidl to rant the sante. This notificathm is intended to achieve th1ve objtct. .... r I'R12q'rCD AND runtisiipieny . TEE SWtRINTENDENT OP COVIORNMENT PRESSE! AT TIlE GOVERNMW4'T CFN'MAI 7R8S5 TIURImNAYTRAPCRAM, 2004 S 7 . 4 • 0 Lmg.Ns, 00nns.tcra1a s': nit L4flt$12 U&S*thao& - 2000 KER'ALA GAZETTE . GcO a c,xn,00° : .. EXTRAORDINARY QDO L 3w36m. PUBUSIftD BY su'rHORrn 1 Jaulewojspwyns' lnlruvavanthap:rarn, 29th Jnch 2000 Vol. XLV Wedneida y 2000 m0A 0 29 No. 583 co,itt6wmcymcu1m., woei,. 45 9th Chalthra 1922, thom5 6w6wob _r - 1922 e6 a 3 0) o 9 -- •t GOVERNMENT OF KERALA Labour and Rehabilitation (E) Department NOTIFICATION G. 0. (Itt.) No. 1207/2000/LBR. Dated, Thiruvanantliafturam, 28th March, 2000. S. R. 0. No. 284/2000.—Whereas the Government of Kerala are satisfied that public interest so requires that 41 the stalls and pavilions situated in the Thrissur Pooram Exhibition groun4 should be exempted from the operation of the provisions of section 5A, sub-section (1) of section 10 and sub-sec4on(l) of sectiqn 11 pf the Kerala Shops and Commercial Establislunents Act, 1960 (34 of 1960) during the perio4 of the said Exhibition from 2nd'April to 22nd May, 2000. Now, therefore, in exercise of the powers cdnferred by section 5 of the said Act, the Government of Kerala hereby exempt all the stalls and pavilions situated in the said Exhibition ground from the operation of the provisions of PRINTED AND PUBLISHED BY THE S. G. P.AT THE GOVERNMENT PRESS, • THIRUVANANTHA2URAM, 2000 3311569/2000/MC, 2 Section. 5A, sub-section (1) of section 10 and sub-section (1) of section 11 çf the Kerala Shops and Commercial Etablishmcnts Act,. 1960 (34 of 1960) for the period from the 2nd April, 2000 to the 22nd May, 2000. 4. By orderbf the Governor; C.V. ANANr,AsosE, Secretory to Government. Explanatory Note (This does not form part of the notification, but is intended to indicate 'Us general pu'port.) Government have deided to exempt all the stalls and pavillions in the Thrissur Pooram Exhibition ground from th e opration of provisions of Section 5 A, sub-section (1) of Section 10 and sub,sectioii (I) of section 11 of the Kerala Shops and Commercial EstablishthenUs Act, 1960 for the period from 2nd April to 22nd May, 2000. This notification is intended to achieve the above object. -I I S - Government of Kemla Reg No KLi)'I2/2002 - S o1mmM8 260 eo,ø P • KERA-LAGAZETTE < cceøtcoapoô ;,. kEXTRAORDIALtY (nfloWocbGmo • .. •-'. • ' 'PUBLISHED BYAttLIORITY • . G*q b(tild),MOMI [100 scmmcn(o) t Thiruvaninthapuram, 22nd April 2002 • 'Vol. XLVII Monday 2002 ngiaJbd22 No. - - ' j ' , 532 r 1' . . n.J3eio 47 2nd Vaisakha 1924 cnmJ& .I924e,njotosijo2 . P t ...• .. - 7 - . GOVERNMENT Ok KERALA -• Labàur and Rehabititatlén (E) Department - NOTIFICATION • G. 0. (P) No. 19fl002/LBR. Dated,. Thiruvananthapuram, 16th April, ,2002. • S. to, No. 290/2002.-4n exerci?of the powers conferred by sub-section 14) f-section2'of the Kerala Shops and Commercial Establishments Act, 1960 f 1960); the:Govemment of Kerala hereby declare "Information Technology areIiiduStry.Units in,the State" to be a commercial establishmeritibi' the .es of the aid Act By oider of the Governor ELIAS G€ot Secretaty -to Government. . -- -'A -• • • .. t 2 Explanatory Note Government hav decided to declare the Information Technology i Software. Industry Units in the State to be a commerciai establishment for th purposes of the Kerala Shops and Commercial Establishment Act, 196? (34 of 1960). . . . . This notification is intended to achieve the above purpose. S • H.. •'•• PRINTED &ND PUBLISHED BY 1 HE SUPER!NTENDEN1 01 GOVERNEIENT PRESSES AT THE GOVERNMENT CENTRAl. PRESS. THIRUVANANTHAPURAM, 2u02. S - rl 4 - 2002 S ECLKLrrVNYUd0O2 KERLA dAZETTE • mnvoo :,* .. • •••• EXTRAORDINARY H - A - ccn)3uam6mo •. ' PUBLISHED BY AUTHORtTY '. tir%w1tho&au)3r1 Liflt)1aU5)Om5) . Thftruvananthspurim, 22nd April 2602 ,' Vol. XLYIl j Monday' " .2002 qlLamB 22 , ,' ' No.533 Thbfli(fl(ThçJ4bd, . . ,. nnwo 47 2nd Vahakha 1924 1924.eenjubo6ijo 2 GOVERNMENT OF KERALA Labour and Rehabilitation (E) Department NOTIFICATION:: .•. G 0 (I') No 20/2002/LdR Dalect Thiruvananthapuram 161h April 2002 S. It 0. No. 291/2002.-4n exercise of the powers conferred by Section 5 of the kerala Shops aiidConiniercial Establishments Act, 1960 (34 of 1960), the Government otRa a' eingsaitssedtiii public interest so, requires hereb9 exempt Information Technology. Software Industry Uniü in the State from the operatoñ or the provis'ions of sections '6, 9, 10 II and 20 ofthe said Act ,ermenantly finm the aate of publication of this notification in th&Gazette,sUbject. .o the following conditions, namely:— ,• .Special and adequateaI4angements shfrll be made for the protection of female employees' working lieW'een 7 'pm. and6 am. No feriiale employees, shall be emp!oyed between those hours othçrwise_ than in grotjs consisting of at least 5 employees '.havjng a minimuim of 3. female employees. ' •, -• . . . '' 33/!i4la000Tr•. .. - '' ' • ' ' - ' ' . '• ' • . I' ..' 'c ' . , • , ' a 2 3 Arrangements shall be made to provide safe And separate rest roorhs for the female .mployees. 4. Conveyance facilities shall be arranged to the women employees for their to and fro transportation. By ofder of the Governor, - Ei..lAs GEORGE, Secretary to Government.., 2. Explanatory Note (This does Snot form part of the notification, but 'is intended- to indicate its general purport.) As per section 5 of.the Kerala Shops and Commercial Establishments Act, 1960, the Government may by notification in the Gazette exempt an? establishment from any or all of the provisions of the said Act. 'Government have decided to exempt Information rechnology Software Industry Units in the State from the provisions of section 6, 9, 10, II and 20 of the said Act. This Notification is intended to achieve the abovi purpose. - 'RINTED AND PUBLISHEI) 6Y THE SUPERINTENDENT or GOVERNMENT PRESSES ,r THE - GOVERNMENT CENTRAL PRESS, THIRUVANA-NTHAPURAM. -2002 ic.No. , KLJ'VV(N)L 0 it.g ioWFnYfAcn1 cJ Kcrai a e I.aowI&,oio 2000 KERAL-A GAZETTE, • EXTRAUftOINARY t • tj0V3W3Cb6tTh • PUBUSIIED BY 'AUTh(M1T% • w.1atofl tau °°' -- - - - 11th April 2000 - mfrunnantharnLtaln, No- ianiday 2000 nctfln ii Vol. xiv 691 mcwc3 o ioaz. 45 Inaucarrowop 22nd Chafthn 1922 1922 e6'a.5Lr3) 22 b j GOSTEJtNMENT OF KERALA . 'Labour ant Rehabilitation E) Dpaflme4t NoTIrIrr1o) G.O. (F) No 391200DLBR- Dated, Thireva;?UvthupUTalfl, 29th Male/i, .2000. S.R.O. o. 332/200t_WHEBSAS the Govcrnuttnt of J(Qrala are satisfied, that public litterest so, requircs.that Mcsm Sundaram 1?ivance Limid should be exempted from the provsions of Section Uof the ICeralp Shops and Commercial Establishments Act, 1960 134 ol' 1960); 5 of he Now. '['HEREFORE, in thccrcise of the powers conferred by SectiOn said Ad - the Government of Kerala hereby exempt 'Messrs Sundarank Finance Limited froth the' provisionS of &cticm 3 of the Kerãhc. Shops and Cothmrcial Establishments Aet, 1960 for a period of one year from the datt of publication of this, notification in die Gazfl,te. - By order of the (kvernor, -• - - - -• Da.C. V.AANbA Bost. - Sccrckny to Gdwrnrntni. -- 331180812000 -1.C. . • '• • - -p / 2 Explanatory Note • (This does not form part of the notification, but is intended to indicate its general purport.) Governmeht have decided to exempt Messrs Sundaram Finance Limited from the provisions of Seotion 8 of the Kerala Shops and Commercial Establishments Act, 1960 for a period of one year from the date of publication of the notification in the Gazette. This notification is intended to athieve the above object. I 4. PRINTED AND PUBLISHED BY THE S. G. P.AT THE GOVERNMENT PRESS, TUIRUVANANTHAPURAM, 2000. a LjTV(N i: ..ovenun at KcSa a KERALA GAZETTE eaO@ wcruoo° ' EXTRAORDINARY 1gnffUOU)OtDW)° flJBUSiD BY AUTHORITY .ufia3co1 aaloc" - Tblruvanaathapuram, 11th April 2000 TuNday 2000 i4&9-' 11 No. VoL XLV ------22nd Ch.ithra 1922 oxnJi W woaJ5o 45 (flW(flhTThnJ4ybo 1922 6)6)n-Itø). 22 J GOVERNMENT OF KERALA Labour and Rehabilitation (E) pepartthent NOTIFIC4TION - r G.O. (P) No. 4112000/LBR. Dated, TiaruvananthaPuram, 29th Marh; 2000. S.R.O. No. 33312000.—WUBREAS the Government of Kerala are satisfied that public interest so requires that the Can Fin Homes Limited, located at Thiruvananthapwam, Ernakulam, Tkrissur atid Kozhikode should Kerala Shops and Commercial exempted from all the provisions of the stab1ishments Act, 1960 (34 of 1960). 0 Now, TaEEro, in exercise of the powers conferred by seedon 5 of the said Act, the Government of Kerala hereby exempt the Can Fb1 Homes Limited, locateli atThiruvananthPUr, Ernakulam, Thrissur and Kozhikode from all the provisions of the said Act, for a period of two years from the date of publication of this noti&ation in the Gazette. By order of the Governor, Da. C. V. ANANDA BosE, Secretary to Government. 33/1 809/2000/MC: I I 2 Explanatory Note (This does not fi'nj paft of the notification, but is intended to indicate its general purport.'i - As per the notification issued under G.O. (Rt) No. 3009/97/LBR dated 28th Qctober, 1997 Government have exempted the establishments under the Can Fin Homes Limited from the provisions of Chapter H, III, V and section 30 of the Kerala Shops kind Commercial Establishmen Act, 1960. Now the Government' have decided to exempt the above establishment from all the provisions of the aid Act. This notification is intended to achieve the above object. ' N S jI flflN'ED AND I'UBLJSHED B) THE S. C. PAT THC GOVERNMENT PRESS, T}IIRTJVANANTHAPURAM, 2000. I V . Government of Kerala Reg.No. o1. md 2007 -m b KERALA GAZETTE coos cnaooô EXTRAORDINARY (BTb(TOOWOØGTDo - PUBLISHED BY AUTHORITY - tmw1aoø1tharn)1 t)Isacmth . Thiruvananthapuram, 18th April 2007 - Vol. LII Wednesday 2907 18 No. 1OJfl)nU)nJ00, rnmJ& nJoeJ\o 52 } 28th Cbaithra 1929 • 6njwn8 1929 @ThJL GOVERNMENT OF KERALA I Labour and Itehabilitation (E) Department NOTIFICATION -43. 0. (F) No. 47t2007/LBR. Dated, Thiruvananthapurain, 16th April, 2007 S. R. 0. No. 348/2007.—WIIEREAS the Government of Kerala are satisfied that public interest so requires that all the stalls and pavilions situated in the Thrissur Pooram Exhibitiop ground should be exempted from the operation of the provisions ofsection 5 A, sub-section (1) of section 10 and sub-section (1)of section 11 of the Kerala' Shops and Commercial Establishment Act, 1960 (14 of 1960) during the period of the Exhibition. -p Now THEREF0IU3, in exercise of the powers conferred by section 5 of the said Act, the Government of Kerala hereby exempt the stalls and pavilions situated in the said Exhibition ground from the operation of the provisions of section 5 A, sub-section (1) of section 10 and Subsection (1) of section lJ Of the said Act, for the period from 2nd April 2007 to 22nd May 2007. By order of the Governor, - C. K. VIS\\'ANAmAN, Secretary to Government. avls5s/2007'BTR • - I 2 (This doS not form part of the notification, but is intended to indicatt its general purport.) - - The Government have deided to exempt all the stalls and pavilions in the Thrissur Pooim Exhibition ground from the opeatiofl Of the provisions of section 5A, sub-section (1) of section 10 and sub-sàction (1) of section 11 of the Kerala Shops and Commercial Establishment Act, 1960 for the period from 2nd April 2007 to 22nd May 2007. This notification is intended to achieve the above object. 11 S S I; PRINTED ANDPUBLISHED DY THE SUPERINTENDENT OP GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAnJRAM 2007. b '-a © • Government of Kerala •. Iteg.No. ov1. mmj4 esn utheot KLTV(N)'12!2003-2005 • 2005 - - KERALA GAZEnE tiamo co - EXTRAORDINARY A gnaU3(0306U)o PUBLISHED BY AUTHORITY • w1aoa1coJ3ik Inicti W6)JS fl)OD( - : Thinuntiai,tlutnm. IUI April IUOS hibv 2003 •t41nJbi 15 No. 796 - Qi3eJo 30 31odumo7lnJ(Do. 1501 01311111, 192 cncnpZ 3 J • 1927 a:wm,)3 25 GOVERNMENT OP KERAI..A La bet, r a nil Delia b ii ha tion (I) Mpartincut : - NOTIFICATION C.. 0. (Itt.) No. 91 2;2005'I.131t; Daithi. 77thatuu:n:thuniri'n. 7/, April, 2005. S. U. 0. No. 363/2On—_W;tEkiE.\s tile Ciuvertlunetil ol , Kerala are satisfied that public inicrest so requires that all the >tuhIs and p;n itions situated in the Thrissur Pooram Eli ibition 2round should he exenpied litin the operation of the provisions 44 sect ion 5A . sub-ecion (Ii of wionnY It) and sith-section C I of seedon I I of the Keretla Shops and Cocamere it I histatSl islintetu Act. 1960 (34 of 1960) durintz the period of the said Exhibition. 331145712005'DTP 4- 2 ..Now, TuIREroRI. in exrcise of the powers conferred by section 5 of the - said Act. the Government of Kerala hereby exempt all the stalls and pavilions. situated in. the said Exhibition ground frohi the operation of theprovisions of section 5A. sub-section (I) of section tO and sub-sec?ion (I) of section II of the said Act, for the period from 3rd April 2005 to 22nd May, 2005. By order of the Governor. Q. RAJASEKUARAN, Secretary to Govennnent l?xplaIIatory Note . (This does not formparr of the notification, but is intended to indicate its general purport.) The Government, have decided to eempt all the stalls and pavilions in the Thrissur Pooram Exhibition ground from the operation of the provisions of section SA, sub-section (I) of section 10 and sub-section (1) of section ii of the Kerala Shops. and Commercial Establishment Act, 1960, for a period from 3rd April, 2005 to 22nd May. 005. This notrficatioq is intended to jichieve the above object. or PRINTED AND PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE- GOVERNMENT CENTRAL PRESS. THIRUVANANTHAPURAM. 2005. / O..ai. N. Of 4usd 25th July 1971. rEmPART! GOVERNMENT OF KERAI4 / 'labour (B) Department NOTIFICATION - (10. (Ms) No. 66I721L8L . VaLid, Tdvndnim, 19th Ju& 157. S. R. 0. No. 389172.—Tn exercise of the powers conferred by sub- section (4) of Section 2 of the Kerah Shops and Commercial Essab!ishments Act, 196Q, (34 of 1960) the Government of Kerala hereby declare Lodging house' to be a Commeical establishment for the purpose of, the said - By o,der.of the Governor, U. MAnA3ALS R.&o ecretary. Q. 1265 S —' 4Kcrala Gazette No. 31 dated 1st August 1972 VtT I Sectioniv W GOVERNMENT OF KERALA Labour (B) Department C NOTIFICATION G.O Re. No. 827/72/LBR. Dated, Ti4vandrum, 2.4th July 1972. S. R. 0. No. 391/72.—In exerci!e of the powers conferrcd by sub Section (5) of section 1 of the. Kerala Shops and Commercial Establish- • ments ACt 1960 ( 34 of 1960), the Covernn'ient of Kerala, after giving three • months' notice of its intention of so doing as required by the said sub- section, hereby apply all the provisions of the said Act to the Cheriyamunda Panchayat alea Id Tirur Taluic, MalappurQm Dsrict with ea'ct ft4m 15-8-1972. / By order of the Governor, U. Mima&ia RAOJ - Secretary. G. 2289 / Kerala Gazeue No. 20 dated 17th May 1977 PART 1 S.ctu,u iv GOVERNMENT OF KERALA • Labour (E) Department NOTIFICATION • G 0. MS. No. 221771LBR. Dated, Trivandrum, 26th April1977. • S.R.O No 407/77.–.-In exercise of the powers conferred by subsection (I) ofsection 34 of the Kerala Shops and Cnmmerei a l Establishments Act, 1960 (34 of 1960),. the Government of K.rala hereby make the followint - • amendment to the Ke' ala Shops and Commercial Establishments Rules, 1961, the same having been previously pubished as required by subsection (4) of the said section, namely:- AMENDMENT In the said Rules, for item No. 4 (a) of Form No. BI the following !h1 be substituted, namely:..- (C4 (a) The number and names or employees employed in the establishment (a list of names ke given)" By order of the Governor, J. S. B*snaz Secretar,. Explanatory Note (This does not form part of the notification but is intended to indicate its general purport). According to section 5 A (3) (e of the Kerala Shops and Commercial Estab ishments Art, 1960, the application for the grant or renewal of regi- stration certificate shall contain the number and names of employee! emnloyed in the establishment. But Form No. B! appended to the Ktrala ,p Shops and Commercial Establishment Rules, 1961 does not piovide a column for the same. / •., This amendment is intended to achieve the above purpose. G. 778 .t) eg. No. 'kLJTV(N1112 . Govenixnen of Keraa 1990 • . .• KERALA GAZETTE EXTRAO it U IN ARY PUBL SHC.0 BY AUIHQR1Y 15th March1990 Vol. XXXV] Thiruvananthapurarn, Tburnday -- - fNo. 259 24th Phalguna 1911 - - - - GOVERNMENT OF KERALA Labour and Rehabilitation (E)-Dcpartznent . NOTJFICATJON S 0.0. (Rt.) No. 617/90/LBR. Dated, Thwuaatiunt/iapuramr 131h.Marc/z, 1990. S. R. O.No. 4101'90.—In exercise o$the powers conferred by section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of I960) the Government of Kerala being satisfied that die circumstances of the case are such that it would be just awl proper to do so, hereby exempt the establish. nents under the Can Fin I-tomes Ltd., Trivandrum from the provisions of apters IT, III , V and section 30 of the said Act for a period of one year froth the publication of this notification , in the Gazette. By Wler of the Governor, - • C. P. Naig, - Gommivcioner and Secretary là Govrnmnent. 33/l17 10MG. ENpianatory Note (Tl'iis does not lbrni part of the notificalion, but is intended 0o indicate Litsgenera! purport.) The provisions of the Kcrala Shops and Commercial Establishment Act, 1960 are applicable to all Shops and Establishments in the State. The Manager, Can Fin Homes Ltd., J'tivandnun has requested that exernptiott may be granted to the Management of Can Fin Homes Ltd., Trivandrurn from the provisions of the Kerala Shops and Commercial Establishments Act, 1960. The Labour Conunissioner has rccoinmcnde:l that Can Fin Honiës Ltd., may be exempted ftomChapters H, III, V and section 30 of the said Act. Government considr it proper that the request of the Manager, Can Fin Homçs Ltd., may be allowed. This notification is intended to achieve the above purpose.. - S .2 S 11 PRESS, - PRINTED AND PUBLISHED BY THE S. G. P. AT THE GOVERNMENT - TUmUVANANUIAPuItaI, 1990 t.erala Gazette No. 20 dated 17th May 1977 PART! SSJoniv • GOVERNMENt OF KERALA Labour (E) Department NOTIFICATION .1 0. (Rt.) No. 477177/LBR Dated, Trivandrum, 261h April 1977. S. R. 0. No. 411/77.—Whereas the Gozernrnent of Kerala are •atistled that public interest requires that all the establishmiits situated in the Trichur Pooam. Exhibition, ,Tri hur should tte exempted froth tbe provisions of , subsectiosi (I) Tol section 10 and subsection (1) of section II of the Kerala Shops and Commercial Establishments Act, 1960 (Act 3* of 1960) during the period of Exhibition; Now, therefore in exercise of the powers conferred I.. section 5 of the said Act, the Government of Kerala hereby exempt all the establish- ments situated in the said Exhibition Ground from the provisions of subsection (1) of section 10 and subsectiân (1) of section 11 of the said Act for the period from 2-4-1977 to 20-5-1977. By order of the Ooyernor, J. S. Bsivas, Secreta,y. Explanatory Not. (This does not form part of the notification but is intended to indicate its general purport.) The Secretary, Trichur pcoram Exhibrtion 1977 has mwle a request exempthe stalls situated li1 te Exhibition Ground fiom Section (t).arzd 11(1) of the tCerala Shops and Commercial Establishments ct 1960. Government are satisfied that exempthn is necessary in the ivtcrest o( public. The Notification is intended to serve this purpose. G.783 Liw XIL zz,rnc,u two'flak ICERALA r,AZETTE EXTRAORDINARY • PUBLISHED BY AUTHORITY I 17th March 1990 V01. XXXV] Thfrnvauanthapurarn, Saturday; [No. 27 26th PhaIgua 1911 GOVERNMENT OF KERALA Iakour and Rihabilitation (E) Department NOTIFICATION G.O. (Rt)No. 678J901LBR. Dated, Thiruvananthapuram, 16th March, 1990., S. R. 0. No. 419/90.—In' exercise of the powers conferred by Section 5 6 f the Icerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Governmexit of Kerala, being satisfiecj that the circumstanëes of the 'case are such that it would bejust and proper to do sà, hereby exempt the establish- .ments under the' Malabar Cements Ltd., from the provisions of chapters II, III, V, S/I and Section 30 àf the said Act, for a peiiod of one year from the (publication of the notification in the gaiette. By order of the Governor, C. P. NAZR, cornmi:siorgr and Secretary to Government. [Pr.o. / 2 Explanatory Note (Thisdoes%not form part of the notification, but is intended to indicate its general purport.) The provisions of the ICdrala Shops and Commercial .Establishments Act are applicable, to all Shops and Establishment in the State. The Executive Director, Malabar Cement lad., at Palghat reqiested the Government that the registered office of Mfs Malabar Cement Ltd.. at Paighat Town may be exemp- ted from all provisions of th9 said Act.. The Labour Commissioner has recom- dccl Malabar Cements Ltd., may be exempted from chapters II, III, 1 and section 30 of the said Act. Gàvemment consider it necessary that the request of the Executive Director, Malabar Cements Ltd., max be allowed. I This notification is intendedto achieve the above purpose. - 4 AND PUBLIShED BY TUS S. G. P. AT THE GOVERNMENT PEEPS- TUBtUVANANTHAPURAM, 1990 A No. SC © K Oov&tmait of Vaai seat 2104 • KERALA GAZEflE • EXTRAO!G1$ARN ... Sn- • .njsLJSHED BY MIThOF.YTY UlaóaflaWOCMfl -- Th$runuintbap.nm, - SOsb April 20su - 1 Vol. XLIX Frity 1 2004njtaJltt3 30 No. I. p961 ffI1tDfliCfltTmnJy0.6- OJOPJS* 4 I - lea;vai.sbha 1926 mmjb 0 OJt'36u. J -- M 1 1926 10 .4 GOVERNMENT OFKERALA IV Labour and Rehabilitation (E) Departmrnt NOTIF4CATION ¼• . G.O. (Rt.) No. 101012004/LER. Dated, Thiruvananthapuram, 7th April, 2004. S. R. 0. No. 426/2004.—WantEAs the Government of Kerala are satisfied that public interest so requires that all the stalls and pavilions situated in the Thrissur Pooram Exhibition ground should be exempted from the operation of the provisions of section 5A, sub-section (1) t,f section 10 and sub-section (1) of section 11 of the Kerala Shops and Commercial Establishment Act, 1960 (34 of 1960) during the period oithe said Exhibitioü. Now, TUEREPOiz, in exercise of the powers conferred by section 5 of the said Act, the Government of Kerala hereby exempt all the stalls and pavilions si'tuated in the said Exhibition ground from the operation of the provision of section 5A, sub-section (1) of section 10 and sub-section (1) of sectipn 11 of the said Act, for the period fron? 5th April, 2004 to 24th May, 2004. • • By order of the Governor, - C. SASIKALA, -• thputj Secreta!, to Government. • • 312078I2004IMQ! - Explanatory Note (This does not form part of the notification, but is intended to indicate lb general purport.) The Govenunent have decided to exempt all the stalls and pavilions in the Thrissw Pooram Exhibition ground from the operation of provisions of section 5A, sub-section (1) of section 10 and sub-section (1) of section 11 of the Kera1a Shops and Commercial Establishment Act, 1%60, for a period from 5th April, 2004 to 24th May, 2004. This notification is intended to achieve the above object. S nhIqnD AND PT)BUSRW BY TUC SUPntUflE$Z*Z4P OF GOVThtNMENT flESS}8 - AT tia O0VflNMtN1 CENTRAL PRFBB, TU1BUVMAN1Rfl'V*AM 3004. . . lRegn. No. KERBIL/2012/45073 dated 5-9-2012 with RNI Government of Kerala Reg. No. KL/1*V(N)/634/2015-17 2015 ik va Ccthc (J)fltflfl KERALA GAZETTE cnacru3cu3c06Tn0 EXTRAORDINARY LlUS • PUBLISHED BY AUTHORiTY' 2015 N16)6)0 6 cD1øtnanJo, 6th July 2015 OJGPJSG " 1 1190 1IW(DO 21 Thiruvananthapuram, 21st Mithunarn 1190 No 11M4 Vol. IV 5 Monday mn 9Tn3(U9O 15 15th Ashadha 1937 Cd,ø (flXL9Q3( 6ua)ocieJo nnJo (0 c8) oianj 0J16m)3nJcno 2015 (Jd 18 at.. (ns1) ncnu 5.5/2015/003w1co8. 010ynmani200, 7790 SOJo 4. ng)mY. Grod. a. mm 438/2015.-2006-eJ &0,0@ cL*IOnJCfl3 (li1i(( a,oms8 nQ)po61n ccr 6)c)ow1eJo1 aata)cnlwl cg1)aq (2006-00 24) 3-00 0Jajqj (1)-Do QnJQJ ,%jj lnJ&'D(Do ffl038â3Th.J c6mw1a306m303 QJ1m1aOW1 63,D6E@ 2007 moc8 15-00 ø11001110eJ Wta. (ng)onØm5.) 29/2007/6X031P1ø8 mmJ0001 nJ106)njS0J1(0)2o 2007 0064 15-00 00001316)eJ 496-00 mmic8 oaø caTbm.33w006n, ffO(e.003c5 L°15 nfl?1(n3(8 o,1onJmämnioo . enStscB LnJcWIt (mis1aj nicM0u1amkJ0$. 2015. 3312749/201 51S-2 I, 2 n)Cfl3.(UY(&63. (DO)J(8 235/2007 (U1IJ)1 &Jm)1 s1cQ©OD) 2007-6)eJ caI3nim anc cni8 o6I1n1i6)øCfCfl 6xmow1ejo1 GaMMMIWI nu1 cow(o)l cmIknocnfl aa)cô cn)ôaG,o& (moc)w nJoncm jauan1 6tED&6)ff1)1, (1flb(5)3D)(05:- nvi) i51 t v rn)1ce6 2015-6)eJ QcO, GmDracn5 Myf o1ncm3 60op1eio1 co.aiøm1w1 (Q@6wm1) njflU©1 rtØ)(th CnJt5 nJO)Oo. (2) sa nmoen5. 2. nJaI) (Y)1 16)S Z@(3 (D(?B1.-2007 -6)2J 2O,ø (SthlOnJff\) (BTj0 e,cøm%oZ na)ççgoer1n9QQxfmY 6=0wleJDPI O&MMMlWl 11©16eJ 34-00 GiG Dlce,fl51QQ1 (1)-oo uw1e,6o (U)O6flcdOQ)Cfl) c1nlø) CfllGflJCflJ)(r) ca8Qc6Q61T (?D06fl5, bO)O 11 n4)Cfl)O(8 6)(u)831eJo. cuTacn&@loeJ C1JOJ(flO LnI&3ø0 GIøoCOGJTlDlCfl. (ffbOnJ( OJ%fl)9 tST)1cXVD tD(ø)1O)(T)J c4)CI1)D(8 nñiwmflQ)61i nicnq m1oa6l©obn%Jo .a03ni91 nMø1fl)6fl3l ui.cmocS, M02 r J(6 ninrn m10 mcD) 6)t0191gio1 G)SYo øCmDWl SQJQ)6)SO (oUDG01Yo (DlWltfl)Th2J&6 (?IØS0(8, zn6u3 øm (owcmm1c6 OnJaBrMCT3 m0ZthGm()D6T15". S WQJ(86W0a6)S T)ø0J1O3LnJ&,Oø0, L3SOo GROCM, W0J6fl3021 i709av1$ 6)m.&07 4 .3 nJ1us1a,øe6)C)1tJ (th nJ1e)3nJmastm16i sDwa]e. nØ(TflO(8 (Bmas)16)OA saia10 qm1om,om5.) &,c)eramM niQth flJ(3o S(ZS3IDfl CUlboUDBOcD)o O31S 6EDoCJXtBTh1OD, • (nn1oa1o) obocblcblge, uc)rzeJo m12w1aQDuI coeJ1 • 6)JOQ8 aMpomlml&@jcrn mniaun nnmooeio mbnnnai' 6icp' (m1&,6T)oQ2Jo, (UIboWmT0)lø( m(Thjam tni&0(Oo 6)nJCISnJClZ QCth6U(mO6th ng)(M 2007-6)21 Ga(D@ Cn9iOniCn3 imcf m8 noerJ1n9cfm 6)()391eJ31 tBa,aaicn1w1 nJ(ID(tfl1D'16)2i 6)J6TTtD1& 3408 QJQJCmLJ cfl6rTL U oflei 000J(o6M6)@1eJo • 6) O)CmOC3 OO1cthU8cOQ 60 0JQ)C! W)la flThlJ)10i ZJ1mY aç mqa1øei OJIOJMM,%@16)S c96s1minoanmm18 ojc m2CflJn9dm1 1JQJ OCW. Cø8lo CTho(J)8fl3O8965 60 (1JIDX nJ1(8(Sth)O&oflJ6)O (U1boU0G0W0 QnJflr&1CT3 2ojOaQOC13 &w11)OD1. (T ()1(D3(8 a3lbLnJ&00o ni1ø1ajnSaem iwma6)omiø8 now6m3u&663 cflflniW OJDK1 O(mThiD)3ctha mboubGOxDo (n(a€thl 6)nJO8naJO8 Oqj3&Q cmlc2Ja6) • Lmm Jaixm1 cinw(ml 6).J3cr3 roca6)oc8 iø2Qom1. w8joaum ei&ao LDn nJ16TBDnJ(Do. • Government of kerala Reg.No m 2007 di F KERALA GAZETTE, (?@ ?0t26 EXTRAORDINARY (UTbGUOWQØ6TDo PUBLISHED BY AUTHORITY US cm,w1aoø1aou21 1iiusmTcmcth 4 Thiruvananthapuramç 22nd Niay 2007 Vol. LII Tuesday 2007 amd 22 No. 947 cuoeo 52 1dQKn()nJ100, 1st Jyaishts 1929 1929 cnaoo 1 - ca(b (n)(SIBQD(8 emokj10 nJojcbw1oj0m)c1jo (c8) nie. p • . • - 0J161)3nJO)0 - - - (mc5aQo<8 2a}tid$ (6)ea6XD05) mcmcl -6e/7007/0000. - - • - nC2nJmCIThnJO0, 2007 (WJ& 22. 0 4)(Ti5. 3IttS. 0. (D(11J( 456/2007.-2006--6)SJ CA00 Uct0niCfl COIJCf aocnc n)06flJn1i6)W(013 1001 aaanm1w1 fflm,gq (2006-6)el 24-00 6-00 H a, J&,3o (mawl&bo(bQn308 o00j)cjjow1 oa)co mY8&eo(8, 2007 M064 aiocmo. 24-00 01001©100 01)(3&6)0(3 (VT0(Dn1 (6)0a6)o)9(u1th) 37/2007/6)0)09 11( n)Cfl) mcnio01 2007 0flDo 24-00 (mlcuudcQ$loeI 582-00 maii8 Ca(O@ mbotowoth6m WCT1ø8 fftY. • - 33/201612007/QTP. • - 2 LnJfl)ø)(0) Qt6TQ)onJm(Ufb)16x nQS1GS,- III. iaim1rn1w1ao3 ng)cm mi Ja(W1cn1 (mOG)W, 2. n0)(TT) t'' maaem<000ygffl QU&O@ ~Oldma njcthcbo (b)O)W aJfl(Tfl u8&eO1n CaRBG6) m'.moarñ, aonth:- "2. ((fbi. ea. n®m. i nJ1C3&QO12j, aeJ6nJ( o)amicJ6rnc8, .5 • wQJ&) 6)s m1mooJ1a L - . . cn5t 6). nJ1ubJmoton,.. • - WflJFI6)4 om)&ci. • . - flJ1Ub(1cthø6cO6)Cfló (oS a 1monJmmb1oc sowçj. n)cmobS unth1@a )nJo(D) QWUb<',o @OJilG)j • smmmfln5 potiaormo6n5.) 24-3-2007-0el ot coai (ow) 37f07/6UoP18 mnv oanonxncnjaxoo bnM,ai âB JiOni aCDcImJo8 O1eJ31 ea1s1aIcn1w1 Q6nJO&UJ1Ø (TO(ZceQ3(fl & 1m1w10 ceiew QI1pdGrmS uszIi. ea. ubcmlwos)&D) MZBO AMOCOMMI co1cmo ooç1©t)1mom3 niBo m1aI1mm0 DaMoyomm 62160J& a,Q11n16m(5 SJD1. 6)&,. nU)(flSi a1J m&eloj1oa) inJcfl© a1[110thw10 m)($eo(8 l4)1m1w1co)3Y1 momml(8(f@uoo @Jc(mO)1rn a ud a6cU8 iøoWlsJ. QD paquolo rn1ncoipmttith e 1cwoosn5 gp aflaonjmo. a - 0 PRINTED AND PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES Al F ElF GOVERNMENT CENTRAL PRESS. T}4IRLVkNA'.THjPURAI. 2007 Kerala Gazette No. 31 dated 31st July 1913 PART I - Sectios iv/ , GOVERNMENT OF KERALA Labour (0) Department. NOTIFICATION 0.0. Rt. Ne. 827/731LBR. Dalsd, Trinnd7um, 101h Jul, 1973. -.r S. R. 0. Na. 460j73.—In exercise of the power, conferred by a 4 sub-section (I) of Section 33 of the Ket ala Shops and CommercialS Establish. - ment' - Act, 190 (34 of 1960), and in supersession of Notification No. L6-23019/56/DD dated 1st November, 1956, published in the Kerala Gazette (ttiaordinary) dated, the 1st November, 1956, the Government of Kerala hereby authorise the Labour Comm.ssioner, Kerala to eiercisc the powers vested in them by section 16 of the said ALt subject to the conditiun that no exemption from the provisions pf.the said section shall be granted for a period exceeding thirty days at a time. Byorder of the Governor, U. MANABALA RAO, S.a4ttr,, a c. 123 C &erala Gazette No. 31 datd. Slat July 1973 PART I GOVERNMENT ØF KERALA Labour (B) Department NOTIFICATION 0.0. Rt. No. 787/73/LBR Dated, Trivandium, 291k June 1973. S. R. 0 No. 462(73.—In exercise of the.powcrs conferred by sub- ctipsf(5) of section 1 of the Kerala Shops and Comaiercial Establishments 1960 (34 of 1960), the Government of Kerala, after having given three months notice of their intention of so doing as required by the said sub- section , hereby apply all the provisions of the said Act to the Panchayat areas specified in the schedule aprended heieto with effect from 1-74973. So!mnux.E District Ta/uk Panc/iayat area I. Quilon Pathanapuram Kulathupuzha * Do. do. Edamulakkal Kntaam Vaikom Kaduthuruthy 60. 1 do. Manjoor 5 Do. Meenachil Kuravilangad 6.' Do. do. Ramapurath Do. (To. Poonjar Thekkumbhagom Do. - Kotayani Athirampuzha Do. d0. Nattakom Do. do. Pambady Do. do. Puthuppally Afleppey Thiruvalla .Kuttapuzha' Do. do. Eraviperoor Do. do. Mallappally 15 Do. do. Thottappuzhassery 16. Do. do. Koipram S 17. Do. do. Kunnamthanam W. Do. do. Kadapra Do. do. Puramattom Ernakulam Thodupuzha Arakulam Do. Kanavannur Mulanthuruthy / Do. do. Thiruvankulam Do. Moovattupuzha Panibakuda Do. Parur Kadungallur Do. do. .- Thittattukara Do: do. Ezhikkara Do. Cochin Edavanakad Do. do. Kumbalangi G1135 ii 2 District Ta1u l'anc/?ayal 4rca 29 Et naku lam Kunnathunid Vadavukode-Puthencruz 30 Do. do. Poothirka 31 Do. Alwaye Nceleswarakn-Malayattoor 32 Do. do. Churnika, a 33 Trichur Mukundapurain Veiiangaliur 34 Do. • do. Mala 35 Do. do. Koratty 36 do. Alur 37 Palghat Ouapalam Pattathbi 38 Kozhik dc Badagara Chorode 39 Do. do. Ka\ ilumpara 40 Do. do. Kuttiyadi 41 Do. Koghikode Kunnamangalam 42 Cannan ore Tellicherry Per. avoor. By order of the Governor, U. MAHABALA RA0, Sccretarj. ih Serala Gazette No. 23 dated 7th June 1977 PART I Section Lv 4 GOVERNMENT or KERALA Labour (E) Department NOTIFICATION • -. ' G. 0. (Ms.) No. 36/77ILBR, Dated, Trivandnzm,26th May 1977. S.R.O. No. 464/77.—In exercise of the powers conferred by sub- secti on (i) of section 34 of the Kerala Shops and Commercial Establish- • 4 ments Act 1960 (34 of 1960) the Government of ICerala hereby make the following amendment to the Kerala Shops and Commercial Establshments Rules, 1961 the same having been previously published as required by sub.. cection (4) of the said section s namely In the said rules,- . after sub-rule (2) of rule 10, the fullowing sub-rule shall be lnsetted, namely :- (2A) No employee shall be required or a 1lowed to work in any establishment otherwise than in accordance with the hours of work speci&d in the register of en'p 1ovm- nt prescribed under rule 10(1) or in the notice of daily pei ds of work of persons exhibited under rule 10(2) and the entries made before h nd against his name in the said register Or in the notice as the cbse may be. By order of the Governor, -. J. S. JE5UDRA5AN, Secretarj-in-chars. Explanatory Note • (Ths does not form part of the notification but Is inded to indicate in general purport). - - At piesent, there is ito proxision in the K& Ia Sh6ps and Commercial Estabhishnencs Rules, 1961 restricting th: employers frSEiskinãOr allowin Ithe employees to work xcèpt in confu mity with the hours of w rk recorde in the regi"er Je nploymerit maintained or in she notice of daily periods of •. wo,k exhibited. Government have decided to lay restriction on asking or all wi g the employees to work outside tim hours oIwnrk reco!ded lathe regste of emploment or in the notice of daily hours of work exhibited in Fonts "C's under Rule 10 (2). This amendment is intended to achieve the above object. G. 951 © . Rcgn.No. KERBIL/2012/45073 • dated 5-9-2012 with RNI Government of Kerala Reg. No, KL/TV(N)/634/2015-17 2015 Ca( (IMT000 KERALA GAZETTE (fl(fl)3tU3C)61flo EXTRAORDINARY tu1a,o1o,an1 . • 'PUBLISHED BY AUTHORITY 2015 16 (5)1)Jflfl)nJ(bo, 16th July 2015 (UDQI,,c 4•l 1190 (Do 31 31st Mithunam 1190 1712 Vol. IV jminvananthapuram. No. Thursday 1937 (?flnU3(U90 25 } 25th Ashadha 1937 'GOVERNMENT OF KERALA Labour and Skills (E) Department NOTIFICATION 0.0. (P) No. 82/2015/LBR. Dated, Thiruvananthapurarn, 6th July, 2015 21st Mithunam, 1190. S. R;'O. No. 467/2015.—In exercise of the powers conferred by section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government of Kerala, being satisfied that it is necessary in the public interest so to d, hereby exempt the establishments of M/s Jayalakshmi Textiles in Emakulam, Thiruvananthapuram, Thrissur and K'ozhikode Districts from the operation of the provisions of sub-sectiOn (1) of section 11 and section 20 of the said Act, for a period of one year 33/2880/201 5/5-2 I - PA from the date of publication of this notification in the Gazette, subject to the following conditions, namely:- (I) Every person employed in the establishment shall be provided with all benefits under Labour Laws. Every person employed in the establishment shall be allowed a weekly holiday with full wages as envisaged in sub-section (2) of section 11 of the said Act. The Register of employment under sub-rule (1) of rule 10 of the Kerala Shops and Commercial Establishments Rules, 1961, must properly be kept in the establishment and shall be produed before the Labour Officers for inspection as and when requested by them. Every person employed in the establishment shall be given overtime wages as envisaged in section 7 of the said Act. Every person employed in the establishment shall be allowed interval for rest as envisaged in section 8 of the said Act. The w6iking period of every person employed in the estalilishment shall not exceed ten and a half hours inoluding spread over, as provided in section 9 of the said Act. The female employees working after 7 p.m. shall be provided either hostel facilities for their stay or conveyance facilities. No female employee shall be employed after 7 p.m., otherwise than in groups consisting of at least five employees having a minimum of two female employees. Special and adequate arrangements shall be made to provide safe and separate rest room for the female employees. The officials of Labour Department shall ascertain the status of implementation of the above mentioned conditions. The above exemptions shall be liable to be cancelled for not adhering to said conditions. By order of the Governor, TOM JOSE, Principal Secretary to Government. 041 3 Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport.) As per section .5 of the Kerala Shops and Commercial EStablishments Act, 1960, Government may if they are satisfied that public interest so requries or that the circumstances of the cases are such that it would be just and proper to do so having regrad to the nature and capacity of the establishment, by notification in the Gazelle, exempt either permanently or for any specified period, any establishment or class of establishments in any area or persons or class of persons to which or to whom this Act applies, from all or any of its provisions subject to such restrictions and . conditions as the Government deem fit, Government have decided to exempt the establishments of Jayalakshmi Textiles in Ernakulam, Thiruvananthapuram, Thrissur and Kozhikode Districts for a period of one year, from the date of the publication of this notification in the Gazette, from the provisions of sub-section (1) of section 11 and section 20 of the said Act. The notification is intended to achieve the above object. I - PRINTED AND PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2015 © Regn. No. KERBIL/2012145073 OiO,ø dated 5-9-2012 with RNI Govermneht of Kerala Reg, No. KLrrv(N)/634/2015-17 2015 M Cam@ csxrun6 1 KERALA GAZETTE 3flOt3U3C06Tfl0 EXTRAORDINARY cmjw1aoa)1aa1o(u)1 S PUBLISHED BY AUTHORITY 2015 M1000 24 cml mmamnjcbo, 24th July 2015 nJoeIo 4 1190 th(3.oesao 8 (ncnJca - 8th Karkadakam 1190 1757 1 Vol. IV Thiruvananthapuram, No. Friday 1937 L(m30J6mo 2 2nd Sravana 1937 GOVERNMENT OF KERALA Labour and Skills (E) Department NOTIFICATION G. 0. (P) No. 88/2015/LBR. Dated, Thiruvananthapurani., 15111 July, 2015 301/i Mithunain, 1190. S. R. 0. No. 474/20 15.—In exercise of the powers confered by Section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government of Kerala being satisfied that public interest so requires, hereby exempt the two shops of ITC Life Style Limited as detailed in the Schedule below from the operation of the provision of sub-section (1) of Section 11 of the said Act for a period of 2 years from the date of publication of this notification in the Gazette, subject to the following conditions, namely:- 33/2988/201 5/5-16. OA Every person employed in the establishment should be provided with all benefits under the Labour Laws. Every person employed in the establishment should be allowed a weekly holiday as envisaged in sub-section (2) of Section 11 of the said Act, with full wages. () The Registers and Noticesof employment must properly be kept in the establishment and Returns should be produced before the Labour Officers for inspection. Every employee shall be allowed one day holiday with wages in a week. Every employee shall be required to work for not more than 8 hours. Rest interval should be provided. No Female employees shall be employed during night shift. The employees, if required to work in excess of limit specified in Section 63, shall be paid overtime wages at the rate; twice his ordinary rates of wages. ScnIEDULE SI. Nq. Shop Name Register No. Location' (1) (2) (3) (4) ITC Ltd. Life style Edappally-lOOS 1st Floor, Lulu International • Retailing Business Shopping Mall (Pvt.) Ltd. Division, Kochi Edappally. 2 ITC Ltd. Lifestyle MG Road-1431 Opposite City Hospital, Retailing Business M. G. Road, Ernakulam. DIvision, Kochi By order of the Governor, TOM JOSE, Principal Secretary to Government. -1 S 3 Explanatory Note (This does not form part of the notification, but is intended to indicate its general puqort.) - As per Section 5 of the Kerala Shops and Commercial Establishments Act, 1960, the Government may, if they are satisfied that public interest so requires or that the circumstances of the cases are such that it would be just and proper to do so having regard to the nature and capacity of the establishment, by notification in the Gazette, exempt either permanently or for any specified period, any establishment or class of establishments in any area or persons or class of persons to which or to whom this Act applies, from all or any of its provisions subject to such restrictions and • conditions as the Government deem its provisions subject to such restrictions and conditions as the Government deem fit. Government have decided to exempt the two shops of ITC Lifestyle Limited, Koàhi detailed in the scheduleof this notification from the provision of sub-section (1) of Section 11 of.the said Act for a period of 2 years subject to such conditions. . The notification is intended to achieve the above Qbject. H PRINTEI) AND PIJE4LISIJEL) BY THE SUPERINTENDENT OF GOVERNMENT PRESSES Al THE GOVERNSIENTCENTRAI. PRESS. TIIIRIJVANANTIIAPLRAM ?6I5. -J IC ala Gazette No. 37 dated 19th Septerner 197L T j Sectkr iv GOVERNMENT OF KERALA - L3bour (B) Department -. NOTTFJCATION G. 0: Rt. No. 963/72/LBR. Dated, Tnoczndrum, 31st August 171. S. R. 0. No. 483172.—T exercise of the pnwers conferred by sttb-'sectiou (5) of section 1 'f the Kerala Shops and Commercial Establishment Act, I 1960 (34 of 1960), the Oovernment of KeraL, afer having given three months notice of its intention of so doing as required by the said subce'tion, 'hereby apply all the provisions of the safl Act to the Varantharappally -Panchayat area in Mukundapuram Taluk, Trichur histrict, with efiect 01) and from 15-9-1972. By order of the Governor, U. MAHABAL RA0, - . Secretary. - G. 2569. / I- 4 -I Reg.No.tW1.cA • - Govak.az of E.cralj KIjFVJ(N)fI212003,2005 aafl croa.o,% • wo • - - - KERALA tAZETTE . (3c0(03 (fl'flflfl ° AL . H EXTRAORDINARY 3VYI12jUJOe1flo PUIHISELED BY AUTHORITY: nt)U(I.*,zO I3,4j3c?1 (tirul,wc .j Mincrncm - '1 Thkn,'%nauthapuram, 21st May 2004 -- va.-xux j Friday 2004 ethJu 21 No. - — ____. -- 1102 OJoBJ&o 49 j CTh1(6OJCOflTh.flJ(b,:, Sist Vaisakhi 1926 mcnAb . J 1926 O06li.3l GOVERNMENT OF ICERALA Labour and Rehabilitation . (E) Department - NOTJY1GATION G.O. 4Rt.) No. 1255j041LBR.. Dated, Thiruvananthapuram, 12th May, 2004 L R. 0. No. 519/2004.—WHEREAS the GovenuwntofKerala are satisfied that public intarest so requires that it would be just - and proper to exempt -Ø the establishments mentioned in the Schedule below from the provisions.of sub-section (1) of sectioit 11 of the Kerala Shops and Conuneréial-Establish. mont Act, 1960; Now, TIIEREPORE, in exercise of the powers ëonferred by section 5 of the §Xid Act, the Qaverpmnt of Kerala hereby exempt the 4aid establishr - ments from the provisions of sub-section (1) of section 11 of the said Act, for a period of two years from the dte of publication of this notification, subject to the coitdition that a cc:xnpernatory off with wages will invariably be- given to the workers -after everY six days of duty and that 411 rights of the employees under the various labour laws will be-protected. - - - 331231412004!MCo •: - - - - . - -I. H 2 • SCHEDULE Bakeries and Confectioneries Super Markets Textile Shops' Meclièal Shops Cooking Gas Agencies. Pefrol Bunks Photo Studios. By order of the Governor, - . - ELMs GEORGE, - - Secretary to Government. Explanatory Note (This doS notform part of the notification, but is intended to indicate its general purport.) M per Section 5 of the JCèrala Shors and Commercial Establishments 7 . Act, 1960, the Government may by notification in the Gazette exempt either . permanently of for any specifl4periôd, any establichmcnt or class of esta- r/ blishmdnts in any area or persons or.class of i3rsons to which or to whom this Act-applies, from all or any of its provisions subject to suèh restrictions and condiUons as the Government deem fit. The employees and Investors of • certain establishment have requested the Govenment to exempt them from the provisions as to the weekly clos5ng of the shops. Therefore the Govtrn- menthavedecided to exemp1 thb establisinnents m ntioncd in Schcdi1c above from the Drovisions of sub-section (fl of sectiOn 11 of tlic Kerala Shops and - Comthcrcial Establishments Act! 1960 for a period of tso years from the date of notification in the Gazette. - The notification is lintended to achièvetho 'above ohjct. FEINTED AND PUBLISHED BY THE SUFERINTENDET 01' GOVERNMENT PRF.$S AT THE - GOVERNMENT CENTRAL PRESS, THIRtJVAN4NTHM'UEAM, - 2004. - - Lq xy © .: .. - .: - j_!. •_ ,f Government of Kerala Reg No esi. nS KI7tt4'12'2cY3-2005, :tt* I • ,___ • . - - 7 '• KERALA GAZELLE .. .,..'.c- CoøUXTUOO ;t : 47 '•.• r .1; .4". -. 7, • - S 7 -. EXTRAORDINARY.4 t 'f I .n- .•'' 'q ,, -r- .4 -4- .7 4(CfU0WOø6fl)G- .• .. .,'• PLJBLISHEDBY AUTHORITY t (Z1TWdQ(d16W3(i1 LnJCniDQSZ()2(9?(0tt -' - - ThLriaathspkrtu., 3ItI.MZY ZOOS - Vat. L ' • '4lS•dS7 ç ' 4 2005oad 30, ' - )1224 i:t& !tb.JyaIsktai91.' -' 1' ?'QQ40 50 !2P4°'4 c1tc4 19270as41009, a ... 1.. . tr 434 GOVERNMEWFOFKERALA q' abour and Rebibilltudon tA. S - - t, .NOTWICATION --'-c-'_ 'St - - $ p C (I (itt) No 125&2005/LBR' Dated Thiruwinanthapuram, 16th Maj 2005.- S;lt-Q. No'554i2OO5r2-WHEREAsthe oo"crnmdit K&ala' ksatisfiei t - 4.. .tbat thePublic Interest s6requirès that all the eanteeiis wi by tSiIfErnpioyèd • t"j.P' .__-. .....• j. ....; ., • Women's Association" which is registered as the Society. under the Travancore .. Cochm Library Scientific Chantablt Societies Registration Act/1955, shodid be exempted frøm the operatioti of the provisions of sections' 6, 9, 10, lii and 20 of theKerala' Ships a'jid COnmCTCIa1 EstablisthethAcf,i1960(34' Sôf 1960): • I • Nov;, THnEpoaE, u exercise of the powers conferred 1,3' section 5 of the 'Sid At the-Covernment of Kerala hereby exempt all the canteéth ru by Self 's Association fioj the operation of provisioM of section En,1oyed Woniei••4 71 . -. U - -. 10, 11and 20 aflçeraja Shops-aixLComrnercial EstablishññtAct,1960, fora atp •-c.:.t ''' ': ;.- • 7 + It •.,.,- • -I- --•-.-• .... 4 'S It - I a n Kerala GaZtLtC No. 2 dated 5th July 1977. PARTI Secdogik GOVERNMENT OF KERALA Labour (13 1 Department NOTIFICATION • G. 0. Rt. No. 684/77/LBR Dated, Trivq"drum, 13th wit 1977. S. R. 0. No 571,17.—In exercise of the powers confrrred by subsection (1) of fection 5A L,f the Kerata Shops and Commercial Establishments Act, 1960 (34 of 1960) and in supersession of notification No. III issued in SG. 0. Rt. No. 382173/LBR dated 29-3-1973 and published as S. R. 0. No. 212/73 in the Kerala Gazette Extraordinary dated 31-3-1973 and noti- fication -No. 18369jA4173/LBR (vi) dated 20-11-1973 published in the Kerala Gazette dated 5-2-1974, the Government of Kerala h :reby specify all Assistant Labour Officers, Grade II in the State to he th "competent authority" for the aicas w'thin their re?çective juridiction - By order of the Governat, - J. S. BADHAN, SSCQI4rJ, Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport.) - Enquiries on applications for registration/renewal of shops and establish' ments under the Kerala Shops and Commercial Establishments Act, 1960, submitted before the District Labour Officers are made - by the concerned Assistant Labour Officers who are Inspectors, under the Act and the Certi- ficates are issued based on their enquiry zeport. 'For want of sufficient itaff in the office of the District Labour Officers, issue of certificates is delayed. ,.Hence GoveniaAert have decided that all the Assistant Labour officers r4de II may be notified in the place of District Labour Officers to be the W competent authority" under the Act within their re-pective jurisdiction. This notification is intended to achieve the above object. •C, 1152 A 't .. •.4,l Q7 r - I • -.t.1...Qó. 't' • ! Awemiien.ofKeia1a' .- -. Reg.No.'o.miB KUrv(N)/12/200&2008 'KSALAGAZETIt" . '.- ' -4' ERA0Rrnr4Arn' 7 • . . S ti t't(U1tu3W0ø'fl6' . -i. t i 7- .PUBL!SffEDBY;AIJTBORrFYk mr~us)40014,ibodl 7 7- k- !TkIruvamsith4uram, "30thtjuae -2007 VslLIl' ' Saturday • 20O7mm830 No " ' E - -- .4. •! •:;•'' . .. -: L}'1223 01 • .oioeJAa52) ,9th Ashadhsi9Z9' - • $J 91, - - • ' k. L. ,,.•. AOOVERN?NT.0FKERALA ., . - -. - Labour and Rthabfl ffon(S)DeparUnent'' - • 1 41. 4 .•.- ' 41 ," t • 4 NOTIFICATiON; • - -. ' -. 'I • •.. ,, I ; - 4) - -'•.,* -_ 0.0. (RL) No, 2075/2007/tElL -Dated, Thiruvananthapwan, 3Oth Juflev2007. -I- . •J I -' - • - • !7, - S.R.,O. No.379/20.—In01 e,iercise of tk po*ersconferred b ,. ,stion $ of the tterala shops and Commerciâl :EstabIithnent&Ac-196O (34of • . 1960)ind-in sup&ses!ön of thà otiflcation issue44nder Q 0. (RI.-) No. 1837/. 03ILBR dated 5th July: 2003,'andpub1ished as S It 0 No 678/2003 in the Kctala Gazette Exttaordrnaq No 1358 dated 22nd 'July, 2003 the Government of c Kir1abeing satièfied,thitjublic interest sà .reqüiri. -hereby eümt th'e establishments of Engineering from the opentbn of the provision of section 10 of the said Act pçmanently,frórn the date of publication of this notifidation in •, - I - -. - 4 .7_.'e.• ' - , 9 - p • __• * Byord&roftheöovemoZ S. , '-I •.- 4 5 7 -, .9 C:K:VLSWM4AThAN,. Seth-etáry to Governtke,1t 's•• % s-, - 33/257&2007/DTP., . .•• - - • . • -• 4,. ' - -- - -% -- - 5 -, - ..• • - •• -. •,'-. .9 • p - _fr- .•t. - -! • --- _•. :' .. :. -_: .4.. - --. I jt7- • '' t- ,_ •' __•: Z.__,.. ...t..-..._..- - 5.-.- :2 (tbjs does not form part of the notification but is intended to wglcate its generalpuçport,) p :. Aper 0. o. (itt.) No; 1837/03ILBR dktd 5th July, 2003 Governdicnt have granted.exernptions from sectiobs , 9, 10, .11 mid .20 of the Krala Shois .apd Commercial Establishments Act, 1960 to the establishments of Engineering The Governnient havenS decided to cancel the cxemptiâns from sections 6, 9, 11 and 20 of the said Act and to retain the exertptions from section 10 of the Act 'granted to tile, above Said establishments." .. . . - . This notification is intended to achieve the above object . $ • . ' •• . . -, .. I .... . ...... a . - .4 ...... • .$ -. .. . . ,$ S ' PRINtED AND PUOUSHED BY THE SUPESINTENDST OPGOVBRtJMENr PRESSeS' AT rue GOVERNMeNT CeNTRAL PRSSS. tHIWYANANThAPURAM, 2007. • $ a., , ,' ',• .5 '•' : Rcgn.No. KERBIL12012145073 a m CflYB&QO(8 - datcd 5-9-2012 with RN Government of Kerala Rcg. No. KtJTV(N)/6340I5-17 2015 • C&,( &XTUOO' I 4 KERALA GAZETITE gifl(fl)DU)3(b6Tflo EXTRAORDINARY - t • ClfljU)1th3cb1aa)3(fl$1 ttbusnmcG% PUBLISHED BY AUTHORITY 2015 ø(fl)nlqoGflJô 18 18th September 2015 '°° mcnu3 '1 1191 am)1 2 2113 Thinivananthapurarn, 2nd Kanni 1191 Vol. IV No. I Friday 1937 &coo 27 J 27th Bhadta 1937 GOVERNMENT OF KERALA Labour and Skills (E) Department NOTIFICATION G. 0. (P) No. 134/201 5/LBR. Dated, Thiruvananthapuram, 16hz September, 2015 31st Chingam, 1191. S. itO. No. 610/2015.—In exercise of the powers conferred by sub-section (1) of section 34 of the Kerala Shops and Commercial Establishments Act, 1960 (Act 34 of 1960), the Government of Kerala after considering the suggestions receied on the draft rules published as per Notification No. 31240/E3/2014/LBR dated 31st March, 2015 in the Kerala Gazette Extraordinary Na. 783 dated 7thApril, 2015 as required under sub-section (4) of section 34 of the said Act; hereby make the following rules further to amend the Kerala Shopi and Commercial Establishments Rules, 1961, namely:_a - 33/3 628/2 0 15/s. 12 I- FA RULES Short title and commencement.—(i) These rules may be called the Kerala Shops and Commercial Establishments (Amendment) Rules, 2015. (2) They shall come into force at once. Amendment of the Rules .—Jn the Kerala Shops and Commercial Establishments Rules, 1961,- (i) in rule 28,—. in clause (b) of sub-rule (1), for the words "has been paid" the words "and excess fee, if any, as prescribed under sub-rule (3) have been paid" shall be substituted; after sub-rule (2), the following sub-rule shall be inserted, namely:— - "(3) The fees chargeable for the grant or renewal of a certificate of registtation shall be the same: Provided that if the application for renewal is not received within the time limit specified in sub-section (6) of section SA of the Act, a fee of. twenty five per cent in excess of the fee ordinarily payable for certificate of registration shall be payable for such renewal; (ii) in rule 2D, for sub-rule (2), the following sub-rule shall be substituted, namely:- "(2) Whenever any change occurs in the particulars relating to registration under section 5A, the employer shall submit- an application for amendment of Registration Certificate in Form BIll to the competent authority having jurisdiction over the area in which the establishment is situated, within one month of such change". (iii) in rule 20,- (a) in sub-rule (2), for the words "ten rupees" the words "fifty rupees" shall be substituted; N --H N' 3 in sub-rule (3), for the words "five rupees" the words "fifty rupees" shall be substittited; for sub-rule (4), the following sub-rule shall be substituted, namely:- "(4) The fees payable for an appeal under section 58 of the Act shall be ten percentage of the fee applicable under sub-rule (1).". • (d) for the proviso to sub-rule (5), the following proviso shall be substituted, namely:- • "Provided that, the payment shall be accepted by the competent authority through fl-S receipt and remitted to treasury in lump sum on • the next working day itself,". (iv) after rule 21, the following rule shall be inserted, namely:- "2J. Issue of Appointment Lett6.—(1) Every employer of a medium or big establishment shall isue an appointment letter to the employees appointed/engaged by him in Form BC on his appointment! engagement. In case such employee holds appointment/engagement before the commencement of the Kerala Shops and Commercial Establishments (Amendment) Rules, 2015, appointment letter shall be issued within three months from the date of commencement of the Kerala Shops and Commercial Establishments (Amendment) Rules, 2015, and in any other case, on the date of appointment/engagement of the employee. Every employer of a big establishment shall issue identity card • • to all employees, employed/engaged by him in Form BD. Every employer shall issue service certificate to all erñployees, employed/engaged by him in Form BE, within seven days of receipt of application from the employee concerned for the issue of such certificate.". (v) in iule 4, after sub-rule (4), the following sub-rule shall be inserted, namely:- S "( 4A) Every employer of a small or medium establishment shall provide or arrange separate latrines and urinals for the use of male and female employees. Every big establishment shall have at least one latrine each for every twenty females and every twenty males separately. If the employer provides rest rooms within the establishment latrines/urinals attached to the rest rooms under sub-rule (8) of rule 5A shall be deemed to be those provided under this rule.". (vi) after rulç 5, the following rule shall be inserted, namely:- "SA. Rest Rooms—(I) Employer of every medium and big establishment shall provide rest rooms, where the employees can have their food and take rest, with suffiOient space proportionate to the number of employees employed by him in the establishment. The rest room shall be sufficiently lighted and ventilated and shall be maintained in clean and good condition. The rest room shall be conveniently located within or adjacent to the establishment. Separate rest rooms and facility to maintain personal hygiene and for disposal of sanitary napkins shall be provided to the female ethployees if the number of female employees exceeds five. Every rest room shall be adequately furnished with sufficient number of thairs or benches with back rest for sitting. - Suitable provisions for wholesome drinking water, ventilation, fresh air, natural and artificial lightings shall be provided in the rest room. Tables with impervious tops shall be provided for use of employees for having their ftod. Every employer shall provide and maintain latrines and urinals along with the rest rooms as follows:- One latrine/urinal each for every 20 employees or part thereof; Separate latrine/urinals shall be provided to male and female employees; 11 The urinals/latrines shall be adequately lighted and maintained in a clean and sanitaiy condition. - (9) No employer shall install any electronic or other equipments in or adjacent to restroom so as to infringe the privacy of employees". (vii) in rhIc 6, after sub-rule (3), the following sub-rule shall be inserted, namely:- C' "(4) Mandatory protective measures to be adopted by employers.- The employer shall provide to the employees protective • equipments and clothings in coformity with the quality as prescribed by the Bureau of Jndian Standards whore there is like1ihd of bodily injury or - exiosure to physical or chemical hazards. In case any accident occurs in any shop or establishment which causes bodily injury by reason of which the person injured is prevented from working for a period of forty eight hours or more, shall be reported by the employer to the Inspector within three days of the date of occurrence of such accident: Provided that in the case of death or fatal accident, a notice of accident shall be reported within twenty four hours to the Inspector concerned. • (c) The employer shall provide suitable goggles for the Protection of eyes of the employees engaged on or in the immediate -. b. vicinity of any process carried out in the shop or establishment which otherwise will cause thermal/chemical injury to the eyes of the employee so engaged therein. In every medium establishment the employer shall provide and maintain a first-aid, box with the following contents, namely:-.-- 6 SI. No. Items Quantity (1) (2) (i) Assorted Adhesive Plasters 35 (ii) Triangular Bandages 3 (iii) Sterile Eye Pad . 4. 3 (iv) Safety Pins .1 (v) Medium Sterile Wound dressings 12 (vi) Large Sterile Wound dressings 6 (vii) Non-alcoholic Cleaning wipes 15 I, (viii) Crepe Roller Bandage 2 (ix) Pair of Disposable Latex Gloves . 1Q (x) Sterile Eye Wash (500 ml) . 2 (xi) Pocket Mask or Disposable Face (xii) Scissors 1. xiii Adhesive Tape 1 (xiv) Elasticized Roller Bandage 2 Small Burn Dressing . Large Burn Dressing Gauze Pads (Small Pack) r 1 . Safety Glasses 2 Tubes Antibiotic ointment-Povidone. Iodine . 1 Bottle Normal saline . 10 Each Aspirin and Paracetamol Tablets . 1 Ice Pack - 1 Tweezers . First aid leaflet 6 7 (e) The employer of every big establishment shall provide sufficient quantity of the items specified in sub-clause (d) proportionate to the numbèr of employees employed by him in such establishment.". in the Schedule to sub-rule (I) of rule 6A, in column (2) "Maximum limit in weight", for the figure "75" appearing against the words "Adult male" in column (1). "Persons", the figure "55' shall be substituted. 1 after nile 613, the following rules shall be inserted, namely:--- "6C. Hostel fadilities.--(l) Every employer employing more than fifty employees shall provide or annge separate hostel facilities free of j cost, for men and women employees whose residence is located at a distance of more than 25 kilometers from the establishment. The employer shall make suitable provisions for wholesome drinking water, ventilation, fresh air and natural 'and artificial lightings. The, building provided or constructed for hostel facilities shall have adequate yentilation, protection against heat, wind, rain and shall have smooth, hard and impervious floor surface. In the hostels: each employee shall be provided with beds measuring 3 ft.x6 ñ. in dimension with comfortable mattress and il16ws. A miniiiOm space of 3ft. shall be mainfained betweéj the beds. l'hree tier beds are prohibited. Every employee shall be provided with safe storagefacilities to keep their personal belongings. . Latrines/Urinals and bath rooms shall bepiovided and maintathed h'gienically in the hostels. A minimum of one latrine/urinal for every ten employees or part thereof shall be provided. Washing facilities shall be provided and maintained in hostels. '1 • 6D. Creches.—(1) Every establishment employing twenty or more women employees• in any day of the preceding twelve months shall provide and maintain creche facilities, free of cost, for the children of employees under six years of age: Provided that a group of employers may join together through Tmsts or other institutional device or by mutual agreement to provide group creche under intimation to the Inspector concerned within thirty days of its formation. The creche shall conveniently be accessible to the employees whose children are accommodated therein. The employer shall engage a woman to be in charge of a creche who has sufficient training and experience in the field of child and infant care as approved by the State Government, for every thirty children or part thereof. - Every employer shall provide milk and other refreshment for the child as specified by the Government from time to time. There shall not be less than 15 sq.ft. of floor area for each child to be accommodated. Construction of the creche should offer adequate protection against heat, moisture and should have smooth, hard and impervious floor surface. Adequate number of fans shall be provided in each creche. There shall be provisions for wholesome drinking water, ventilation, fresh air and natural and artificial lightings. The entire premise of the creche including urinals and latrines shall be maintained in a hygienic condition. There shall be a wash room, in or adjoining to the creche, • which shall be properly maintained for the use thereof. The creche shall be furnished with suitable furniture and a cradle shall be provided for each child below the age of two years. Sufficient mattresses, pillows and toys are to be provided in the creche for the use of the children.". There shall be one latrine for the use of 15 children in the creche. - (x) In rule 9, after sub-rule (2) the following sub-rule shall be inserted, namely:- (3) Any sum required to be paid by an employer to an employee under section 15 of the Act shall be recoverable by the Inspector as arrears of revenue due on land under the Revenue Reco'ery Act for the time being in force.". (xi)inrulelo,—. after sub-rule (4), the following sub-rules shall be inserted, namely:- • "(4A) Copy of appointment letters issued in Form BC shall be retained by the employer for a period of three years from the date of iss1e. (4B) Every employer shall retain a copy of service certificate in Form BE for the whole service of the cmpkyeé concerned with him and in case of death while in service or retrenchment or tenninationof employment, the employer shall retain the copy of service certificate for a period of three years from.such date; in sub-rule (8) for the words, letters, figures and brackets "except the register in Fonn BB prescribed under sub-rule (IA) above" the words "except the registers, records or Forms specifically mentioned otherwise in the rule" shall be substituted; after sub-rule (10) the following sub-rule shall be inserted, -.namely:— 1* * "(1OA) No employer shall make, cause or allow in any • record, register, notice or Form in written or electronic format prescribed, an entry which is to his knowledge false in any material particular, or wilfully omits or causes or allows to be omitted from any such record, register, notice or Form an entry required to be made therein."; 10 (d) in sub-rule (11), for the words "a vitht book" the words "an Inspection Book" shall be substituted.. - (xii) after rule 12A, the following rule shall be inserted, namely:— 12B.—" Submissiofl of Annual Welfare Return ----Every employer of a medium or big establishment shall submit an Annual Welfare Return in Form I to the Inspector on or before 15th February of every year.". (xiii) in rule 14, for the word "fifty" the words "two thousand five hundred" shall be substituted. (xiv) in Form Bi, in 51. No. 2, in item (iii), for the word "employer" the words. "employer owning or having ultimate control over the affairs of the establishment" shall be substituted. (xv) in Form B II,- (i)below the title, registration of the certificate, for the words "Registration Certificate No" the words "Registration Certificate No and Year of Registration" shall be substituted; (ii) in the entries below the body of the Certificate, for the words "Name of Employer" the words "Name of employer owning or having ultimate control over the affairs of the establishment" shall be substituted. (xvi) in Form B III,- in the title, for the words "NOTICE OF CHANGES" the word "APPLICATION" shall be substituted; - 4- in Serial No. 2, for the word "employer" the words "employer owning or .having ultimate control over the affairs of the establishment" shall be substituted. (xvii) after Form BB the following Forms shall be inserted, namely:— . 11 F6RNiBC [See1e2J(1)]" LEnER OF APPOINTMENT No' ...... "• 1- ' A 1 Registration No of the establis4ment Name and address of the establishment with pincode, telephone/mobile number j and e-mail ID ' Name of the employer - 4. Name and address of the, employee .. Shti/Smt...... aged ..... ::ye-s S/o or D/o' or 'W/o ...... residing at...... is appointed ai...... (designation/category) in this establishment with effect froth...... (date). He/she is ppointed/ euigaëd with a monthly wages/Slar"ofks...... (Rupee .....':..óiil) and is. entitled to other allowances and statutory benefith as per the.law in 'force.. 9 I Signature of employer Place:. Date: , ' , Name aM seal of she emplojer. S 12 FORMBD [See rule 2J(2)1 IDENTITY. CARD Name and full address of the establishment with pincode, telephone/mobile number, Photograph e-mail ID Registration number of the establishment Name of the employee and his fill postal address with pincode, telephone/mobile number, e-mail ID Age/date of birth Blood group of the employee Designation Date of joining duty Date of issue of the card EJ Signature of the employee Name, signä lure and seal of the employer S. 13, FORM.BE [See rule 24 (3)] SERVICE CERTIF1CATE I kcgistraiion No. I Name and address of the establishment -. - This is to certify that Shri/Srnt...... aged ...... years S/o or D/o or W/b itsiding at.... : ...... iS &rking as/has worked as ...... (dësignation/category) in this establishment from...... (date).to ...... (date). He/she resigned/ retrèndhed/su.erannuated on ...... frOhi the service of this establishment. He/she is beinE paid/was Paidsalary/*ages of Rs...... (Rupees...... ) only. C - -. Sinature a/the employer Place: - Date: - - Name and seal o). -the employer - - H -- 1 14 (xvix) after Form H the following Form shall be inserted, namely:- FoRM I [See rule 12 B] WELFARE RETURN Report for the period ending 31st December ...... (Year) (To be furnished on or before the 15th February of the succeeding year) 1. Name and address of establishment : 2. Registration number and year of registration 3. Name of employer : 4. Number of employees 5. Highest mimber, of employees during the period Male Female 6. Rest rooms provided , : Yes/No Facilities provided in the rest rooms (Describe facilities provided and its numbers as mandated by rule SA) No. of rest room exclusively for women ethployees . No. of latrines: (c) Na of urinals: (d) No. of chairs: 7. Hostels provided : Yes/No & Facilities provided in the hostel (Describe facilities provided and its numbers as mandated by rule 6C) (a) No. of latrines: (b) No. of urinals: (c) No. of beds: 15 Creches/group creches provided : Yes/No Facilities provided in the ereehes/group creches (Describe, facilities provided and its numbers as mandated by rule 6D) (a) No. of children: (b) Name of the breche attendant: (c) No. of latrines: (d) No. of urinals: (e) No. of cradles/mattress etc.: First Aid Box provided : Yes/No. * 10. Service Certificate 'Number of certificate issued Number of employees enrolled • in the Kerala Shops and Commercial Establishments Workers Welfare Fund Board • Place: Signature Date: Name and seal of the employer. to The Inspector - By order of the Governor, TOM JOSE, Principal Secretary to 'Government. Explanatory Note (This does not forn, part of the notifichtion, but is intended to indicate • its general purport.) Consequent to the amendment made to the-Kerála Shops and Commercial Establishments Act, 1960 through the Kerala Shops and Commercial Establishments (Amendment) Act, 2014 (Act 3 of 2015), Government have decided to amend the Kerala Shops and Commercial Establishments Rules, 1961 so as to provide provisions far the purpose of regulating the appointment conditions, betterment of working conditions and to enhance the penalties and also to make it in consonance with the • recommendations of the International Labour Organisation. The notification is intended to achieve the above object. PRINTED AND PUBLISHED BY THE SUPERINm4DENT OP GOVERNMnqT PRESSES AT THE OOVERNMIWT CINI'RAL PRESS. THIRUVANANTHAPURAM. 2015. r ' !ERALA. GAZETTE 3th onuno° A EXTRAORDINARY .rcCttWY3R'fls. • . - PUBUSUSD'13Y srn'iORTfl I t Z2tt1 '1 fltviAuóti.surs*r. 10th August 1998 'Sil, XLIII - M..d.y, 1D98 t,uxm°on 10 W.. I 1305 ivi'tmnnxo.qn., 19th Sravna mcn.ub ,aiaW 43 I 1920 cmlaoo, 1920 u000Jim. 19 • J ' - —r OOVERNMENT OF KERALA Labour and Rebabilitation (E) Department ' • NOTJFJCATION I -' 0.0. P) No. 49 198 1LBR. Dated, Thiruvananthapuram, 7th August, 1998. / s; R. 0. No. 667198;—Tn exercise of ihe powers confSred by ' section 5 of the Keralà Shops and Commercial Establishment Act, 1960 0 (Act 34 of 1960) the Governineat of, Kerala being satisfied that public interest sq requires, hereby exempt the following establishments from, the provisions of the saia Act for a peri of two years from the date of o publicat!oi of this notification in the Gazette. . - 1. Doctor's consulting . rooms; - :•, 2. Dispensaries attached to Doctors' consulting rooms and • 3. Nursing homes, hospitals and other allkd institutiors for the treatment or care of the sIck, the infirm, the deitute or the mentally unfit. By. order of the uovernor, DR. RAJAGOPALAN, Secretary tb Goverwneni. 3313485198MC. IWI F,) 2 Explanatory Note (This does not form part of the notification but is intended to indicate its general purport.) Thodgb Government have issued orders for cancellation of exemption granted to private Jospitals and dispensaries under the Kerala Shops and Commercial Establishments Aqt, 1960- from 18-1-1993, considering the service and treatment rendered by private hospitals at all times especially in areas where Government 1Io'spitals are not in existence and at times of epidemics, Government have decided to give temporary exemption to private hospitals and dispensaries for two years from the provisions of the Kàraia Shops and Commercial Establishjnents Act, 1960. lip This notifkatic'ft is intendei to achieve the above purpose. -A - PRINtED AND PUBLISHED BY THE S. 0, P. AT THE IGOVERNATENT PRSS, - THTHtttANAftXIAflRA3&,, 1998. 'I a . Gfltnnnent of Krrah KWflhtQtI/l2f2QQ34OO *a qu8ao,4 '1 WX :KERALA GAZETTE I• a.• aa c/xwào W EXTRAORDINARY • . . SQpJ33TJgf1• I PUBLISHED BY AUTHOETry 1D1st3S1JLQ1 . Thirunnanthapuram, 29thJupe ftOOd VoLXUX I Tuesdayi2004 Q164 29 No. -- 4379 °fl'S' 49 I 8th 4shadha 1926 mcnj - j - Qaflç 1926 uunaocuo .3 ! GOVERNMENT* OF KERALA Labour_and Rehabilitaflon El Department NOTIFICATION (Ms) No. 35/2004/LBR. Dated, Thftrnntanthapuram, i&hJwe, 2004. S. R. 0. No. 67812004.—Jnexereise of the powers conferred by section of theKerala Shcips and Cominorial EstabIishrnent Act, 1960 (34 of i9fiO), the Government of Ketala being satisfied that the cireumstallces of the case are such that it would bejitst and proper to do sq, hereby exempt the establish- • ments of UTI Asset Management cowpanyPrivate Limite4 in the Staft from • the provisions of Chapters Ii, III, V and VI and section 31 t of the Kerala. Shops and Commercial Estiiblishment Act, 1960 permanently from. the date of publication of this notification in tbe Ga±ette, By order of the Governor, ErtAs Gnoaor, .S'ecretary to (j'n-ern,nent. /11200412'.f0. 2 - lzpIansz1ery Note (1 his does not Loon part of the notification, bat is mtided to indicate its ReAcLal pnipoi ) A pet fl O Ms ?e 63/1371L1311 dated 27 11-1987 thu Ufl has been exempted from the provisions of the Kerala Shops and Copmixeja1 Establish- rnents Ac, 1961. The.-UTT Asset Managemnt Oàmpany. Private Limited has now informed that since the UTI €o which the eemption wa granted Is • lot now in ezstence and it has been soht into two separate companies The • z t . Labour (iótrunisioner has reëothmencled that the UTI Asset Management Private lAnnted in the Slate maybe exempted from the provisions oi'Ohapters- H III, V and VI and sectign 3(lof the said Act ts'thc beizéfit cnjoyedty these J'lpJoyees are not less 1'avourahie than those provided in theAdt, Government consider that the reques q1 the UT! Asct Manag&n ent Company Private Linijtccj ma) be allowed Pills nouIjtnon is nitended to aOttevç the above purpose * . . •1. H I RTNTLD ANT) Pt LtSUED DY TEE SUPERtN'iflhiF T OP GOVERNMENt PRESSES AT UFT Govicftr LENT (4i1'.TRL 4tJTS,. !TIRUVANANTNAVURAMI 2004. • ©. -: - Regn. No. KERBIL12012/45073 dated 5-9-20 12 with RN! Gbvernmenk of Keiala Li4k(Gik'Fk1 Reg. No. KLJTV(N)/634/2015-17 2015 Ctth(b@ (IMTDOO KER.ALA GAZETFE (rnntou)306mo - - EXTRAORDINARY .%. (mju)laoczflatha(D)1 LnICfl5FUS 2015 GI.&csDGnitZ 8. • m)1(bo,mctu)1no, 8th October 2015 OIOPJJ,o O13WO 1191 €o,ml 22 j2302 Thiruvananthapuram, 22nd Kanni 1191 vol. V. 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"sno'opl eJ smo i01oflcn1w1&3c8" nym u1c3nmo,cutm1a8co,°hci08, LcO,OXfl(fli(8 1-Ml Oa) oiaøo (0)06)W aiD Q(U) 2U3&Q2o1nj Ca1(8Oc0Q6YT.(U)O6fl, "cm. øoø1a5ho8 &,smnZ mo& 000013 cnJcn)1(u4, GaM@ 0J\3nJ301 flJflJ(fl)O1 n3BcOOnia) ocrtN iiam3, cxmosnJw" (flOJ(86flj0$6 roflJ103LnJaobo, CSOo Oa8m7p8 omxaoi nflubn1aø6maean1r (pøT nil moiannl& @ooammçj, ng)mo8 iTmlQc 6WO(0)IMOM eioo 6)nnismm(o$1 uom@cmoth.) 2007 QOc8 24-00 ()1nm101enJ au(LoQocB QcoTo-Ioni (e6wm6) 37/2007/6)cDOWlø8 CDCUI(bOID$1 osnilo 2007 MOC84 24-00 u16J 582-00 mmJZ (Samp @TbcnOwoøGm uxn1ø8 nqyn'S. tm8. a mamB 280/2007 cat1 Lai 1&,(bI0)O) 0.J16T)3nJCT)1nia,Døo (bnJl&'&nJ • Q&ø QniOrJa)Y afl cmy8 o6IJlnemcTh\ sxocleio& tho&12xn1w1 o6M38cw16)ei 6)(MowleJsoio cni()lmlwl)otwl mnolcZagcmo 6)xIc1øm Lwl. ql. m3croq1em cmbmoacb3woaieIo C6T)Jo(BCUSIØ3(nlcm2o nuoaeGmoman nnocQocmmlQc Tcmi& ni6knsni1. wol cV aoqi3n3cTf nicO,cbo LUO1. mo1xvl3 dhjr96ma3 (DDQY(6, 6)6fl01(flY tnJCfl)1(W(, 23(fl5 er1 cuY 1, 6)ø)3SnJrP nQ)T)lXYD6) C61)J3(8(U)l6)J eano!pThIsaio iilmlwlao1 cnnmlc8ar)ubo @ nmth1th aS&Qoâ m1oai1-3g. c0icD$JoGTum) QOUbo mm qcmimlai l)cb)o6th an OI1IB€W)DnJa)o. crAM35 Jpfl.s ctuanfl,rd cflflx1n4mo flI6Itfl(4ti eau1ks Lr.Jpil,S Tba iT 1OcS4 I- - - -. Government of Kerala Reg. No. o. cncnu8 KIJIV(N)f12/12-14 2012 KERALA GAZETTE (fXfl)OC) EXTRAORDINARY ctrmcn)owooGmo PIJBLISL1EI) BY AUTIIORETY (U1With3(bithq33©l liii ruvaitantliapuram. 4th October 2012 61&0936fl1(& 4 No. Vol. LVII Fltursday 2012 1 2002 12th Aiwina 1934 mmtö olocIso 57 5 taficooumaenJloo, 5 OjDPo 1934 cmuoj1mo 12 GOvERNMI:Nr O1 KERALA Labour and Rehabilitation (E) I)cpartnicnt NO'I'IFICATION G. 0. (Ms.) No. 138/201 2/L13R. Dated. Thintvanant/zapuram, 27th September 2012. S. it. 0. No. 701/20I2 In excnnse of the powas conferred by section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government of Kcrala, being satisfied that public interest so requires, hereby exempt the establishment of M/s S. Veerayya Readyar, Seematti FlaIl, Alappuzha from the operation of the provision of sub-section (I) of section 11 of the said Act, from the date of publication of this notification in the Gazette, subject to the following conditions, namely:-- ID 33141)231201 2!13fP. - I -.- . .---- . I... ENWL 2 Every person employed in the establishment should be providedt th all benefits under Labour Laws. Every person employed in the establistment should be allowed a weekly holiday as envisaged in sub-section (2) of section 11 of the said Act, with full wages. The Register of employment must properly be kept in the establishment and should be produced before the Labour Officers for inspection. By order of the Governor, ANIL, X., Secretary to Government. / Explanatory Note (This does not form part of the notification, but is ibtended to indicate its general purport.) As per section 5 of the Kerala Shops and Commercial Establishments iS 1960 the Government may by notification in the Gazette exempt any establishments from any or all of the provisions of the said Act, if it is satisfied- by the Government that the public interest so requires. G3vemment have decided to exempt the establishment of MIs S. Veerayya Redyár; Seematti flaIl, Alappuzha from the provision of sub-section (1) of section 11 of the said Act; This notification is intended to achieve the above purpose. PRINTED AND PUBLISHED BY THE SUPERJNThNDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANThAPURAM. 2012, Kc:ala Gazette No, V dated 6th July 1976. PART I / Section iv GOVERNMENT OF KERALA Labour (0) Department NOTIFICATION G. 0. (Rt.) No. 838/76/LER. Dated, Trivaudrum, 21st June 1976. S. R. 0. No. 702/76.—In exercise of the powers conferred by section 10 (2) of the Kerala Shops and Commercial Establishments Act, 1960 (34 di 1960) and in supersesslon of clause (3) of notification No. Li. 10094/50IDD (2) dated 12th September, 1950, issued under section 13 (I) of the Travancore-Cochin Shops and Establishments Act, 1125 (Travancore-Cochin Act XI of 1125) published in the Travancore-Cochin Gazette dated 12th September 1950, and in supersession of clause (3) of notification No 570 dated 20th May 1949. issued under section 13 (1) of the Madras Shops and Establishments Act, 1947 (Madras Act XXXVI of 1947) published at page 700 of Part I, Fort St. George Gazette dated 31s May 1949 read with the amending notification No, 416, issued in G.O. No. 1183 Development Depart. ment dated 23rd March 1950, published in Part I, Fort St. George Gazette dated 4th April 1950; in its application to the Malabar District referred to in section 5 (2) of the States Reorganisation Act, 1956 (Central Act 37 of 1956), the Government of Kerala herçby order that no theatre or place of public amusement or entertainment situated in the State shall be opened earlier than 9 a. m. on Saturdays. Swdays and public holidays which fall on other days of the week and I p. rn. on all othcr days or closed on any day later than 2 a. m. By order of the Governor, (3 MAHABALA RAy, ; Special Secretary. Explanatory Note (This does not form part of the notification but is intended to indicate its general purport.) The orders issued under section 13 (1) of Madras Shops and Establish- merits Act and the Travanoore-Cochin Shops and Establishments Act, by the Madras Government and th Travancore-Cochin Government respectively, prior to the reorganisation of the States are now being followed in the Kerala State under the Kecala Shops and Commercial Establishments Act by virtue of the proviso to section 36 of the Act. Government consider that a unified and revised order duly taking into consideration the public interest should be issued under section 10 (2) of Kerala Shops and Commercial Establishments Act. This notification is intended to serve the purpose* C. 12b1 Kraia Gazette No 21 dated 22nd May 1990 PART) SectionAv 1 • ., H GOVER}ThfENT OFjKERALA Laboü and RebabWdon (E) Departnnnt NOTIFICATION • •GiO. Rt. No. 10391901LBR. Thinwatianthapararn, 24th April 1990. S.R.O. No. 734190.'—Whereas the Government of Keraja are satis- fied that Public interest so requires that the dpening time of the Mymoon Cinema, Kokers Complex, Chittoor Road, Cochi-682 018 should - be fixed as 12 noon, for the purpose of conducting noonshows; • Now, therefore, in exercise of be powers conferred by sub-section (2) of section 10 of the Kerala Shops- and Commercial Establishments Act,- 1960 (34 of 1960), tho Government of Kerala,- hereby Order thai for a period of one year from the date of publication of this notification, the said theatre shall not be opened earlier than 9 a. M. on Saturdays, Sundays and public holidays which fall on other days of the week, and 12. noon on all other days, or closed on any day later than 2 a. m. By order of the Governor, / M. Kuns PILLAX, Joint Sseretarj to Government. Esplanatory Not, (This does not form part of the notification, but is intended to indicate its genera! purport.) - The provisions of the Kerala Shops and Commercial Establishments Act,i960 (34 of 1960) are applicableto the Cinema Theatres in this St3te. The Managing Partner, Mymoon Cinema, Kokers Complex, Chittoor Road, Cochi-682 018 ha& requested. Government to issue orders permitting hjni to conduct noonshows from 12 noon in theatre under his management. Government consider that the request may be allowed for a period of one yeaç. This notification is to achieve the ahovc object. 1 kerala Gazette No. 21 dated 22nd May 1990. PART -I 4 - GOVERNMENT OF ICERALA tabour and Rehabll$adou (E) Dpartiàmt NOTIFICATION G .0. itt. No. 934/90/LBR. Tldruvananthapuram,4th April 1990. S • R. 0 • No. 735190.—Yhereas the, Government of Kerala are satisfiód that public interest so requires that the opening time of the Lülu Cinema, token Complex, ChittoorRoad Cochi&682 018 should be fixed as 12 noon, for 'the purpose of conducting noon shows; - - - Now, therefore, in exercise of the powers conferred by sub-section (2) • of section 10 of the Kerala Shops and Commercial Establishments Act, J960 (34 of 1960) ,the Government of ICeraja hereby order that for a period of one yeai from the date of publication of this hotification, the said theatre shall not beopened earlier than 9 a. rn. on Saturdays, Sundays and Publia • holidays which fall on other- days of the week, and 12 noon on all other days, or closed on any day later than 2 a.th. By order of the Governor0 - - M.P.KUMAaA.Pa.IaI, Joint Secretary to Government. - Explan*tory Note - - . (This does not form pad of the notification, but is intended to in&aw Its general purport.) The provisions of the Kçrala Shops and Commercial Establishments Act, 1960 (34 of 1960) are applicable to the Cinema Theatres in this State. The Managing Partner, Lulu Cinema, Kokers Complex, .Chittoor Road, Cochi 682 018 has requested- Government to issue orders permitting him to conduct noOn - shows from 12 noon 4 in theatre under his management. Government consider that the request may be allowed for a period of one year from the date of publication. This notifical ion is 'intended to achieve S the above object. • Kerala Gazette No. 21 dated 22n1 May 1990. PAST! a U ' GOVERNME1n' OF KERALA. Labour and RehabflftatMn (E) Department NOTIFICATION - 0.0. Ri. No. 1052/90/LBR, Thirubananthapuram, 25thApril 1990. SR .0. No. 736/90.—Wherea the Government of Kerala are satisfied that public interest so require that all theStalis and Pavilioth in the All India Industrial, AgHcultura, Educational and Cultural Exhibition at the Thrissur Pooram ihhibitiow ground should be. exempted from the operation of the provisions of sub-section (1) of section 10 and sub-section (1) of ection liaf the Kerala Shops and Commercial Establishments Act, 1960 -. (34 of 1960), during the period of said Exhibition. Now, therefore, in exercise of the powers conf rred by section 5 of the' said Act, the Government of Kerala hereby exempt all the Stalls and Pavilions situated in the said Exhibition ground froth the operation of the provisions of the sub-section (1) of section 10 and sUb-section (1) of section 11 of the said Act for the period from Slst March,J990 to 30th May, 1990 S a - - - By order of the Governor, 0. P.Nsm, Commissioner and Secretary to Government. • Explanatory Note (This does not form part of thq notificatiOn, but is intended to indicate its general purport.) Government have decided to exempt all the stalls and pavilions in the Thrissur' Poorarn Exhihitioa grOund from the operation of the provisions of - sub-section (1) of section 10 and- sub-section (1) of section 11 of the Kerala Shops and Oomiercial Establishments Act, 1960 for the period from 31st March, 1990 to 30th May, 1990. This notification is intended to achieve the above object. G. c91 I r 3 &crala Gazette No. 27 dated 3rd July 1919. '-7 PART I Labour and Housing (E) Department NOTIFICATION r G.O.Rt. No. 870/79/L&H. Thud, Trioandrwn, 14th June 1979. S. R .0. No. 743/79—In exerdse of the powers conferred by secti n 34 of the Kerala Shops and Commercial Establishments Act, 19 .0 (St of 19 0), tEte Government of Kerala hereby make the following amenditent to the Kerala Shops and C ,tnmercial En.bli.hmcats. Rules, 1961, the same having been previously published as required by sub.section (4) of the said section, namely:- AMENDMENT I. Short title and commencemerzt.—(a) These ru1e may be called the • K ala Shops and Commercial. . Establishments (Amendment) Rules, 1979. % - (b) They shall come into force at once. 2. In the Kerala Shbps and Commercial Establishmerts Ru1es, 1961 for the Table under rule 2 G (1), the foilowing shall be substituted, namely:- TABLE lithe number of emloycts proposed to be employed on any day during the year for which the licence is re.uired or renewed, Rupees - (a) is Nil . 5 does not exceed 10 . 10 exceeds 10 but does not exceed 25 - 20 exceeds 25 but does not exceea 100 - SO exceeds tOO . 50 Explanatory Note it-thes- not frm part of ;& notific ition, but is intended to indicate its je~al purport). vernm-nv propose t-) increase-the fee for the grant or rene val of Registration Certificate under sect[on 5A of The Kerala Shops and Cmmer- cia! Establishments Act, 1960. This notification is intended to achieve the above object. I 0.992 - — i.. n4CT0° . lmb& 6. mcnitb 748/79.—onto eaa. ojoa1s6 cremorum Cfl,.6iijcfl°ufl 1960à)ai aamo n&0 000 (1960.oei 34) 34.o. o mD%aoJ3 11Dwao0,080o cilmi eoot°, *&me Cn)baoit 3thG Gi36ml TU °LnonJmstBoQtJ&o m).5nJffl?w1a 1961-eoi aam LnKTU°W4(5) o.sanj ° (4).o. @aajaq&A amcufAS Qt:J5ø)66nJQ6)eJ em(oG)mm} - 1m1B°WQSIThTh1 )'n °-_ fm3@wOcm asu)1)1ac, Th1rnDfo wmcmmem; (9fl(53j(J)U: sUtjmo tfllO(bo€oJo:_-(ai1) £UIStoeQ° cZnO%J6aStQ6o w06rn1t cnrLnDnswsaofl. mosajco ° wlaa,to (aecomi) nJBtj 1979 n4JUfl anjc nJCgWOo. - (,ail) r*nj Psab cuiocm 1nJ36menlD% W(DqT)c)O6m'. (nt0RJ6a0©6o oJo6ml)) ° tcoaJcn6usc,. Cfl).GflJ CU° (ul j 1961-ea-i 6dbmg ajap, 2 nl (1) oJfl1oPi nJtth© °c8fl ruao, O)06)W rJO)6cTfl(U) ° 90JQd3O6r 306m"; 0cw°:- nJgla, c4flW) oseJmxi 'D 3WQbmQt3fl cU%,.tQW3 aaJGTW)' m r4GkThalQJ8c. elojrnj0 - S synan aela66Js&cm oclwn1aos 7-P" (bAnJ (nw) ecib. QoaslcDb - (sail) 5 10- 10 (c1D1) los. acmoth 25-c o,c1owfll i06)6Tno1(o - 20 (wl) 25- wlQ sco4oammomt 100.0% jloola,l 30 () 100-0% loms90% 50 nluoalacbGmce%ol ' '(cmU 1Jl °61V)0flfl0ØflOCAo 0(flaiJ. n4fllfl0% OnJCm)6 8Uq0 §B"oBUDlo06m") 0J36Tfl1 (m°L0nJmaflaJ. Cfl).6aim°w1 1960-ow 0t9,"000 Qsm@o 5 n4 walü3 &1wl0% concTu°a[sc 05 J%'j 2ateQoo6aco 3Sc0safl&amo n1o&eam& acno n.oicnt rumsDw' -a Cfl)ttOaO(68°03o*1 SQO. - . wl"6mOn.Jm0 Ith0%nj06wrm P SO OSM. CmOW'hOe(fl)Øfl(fl° pa" mocrn ° . By order of the Governofr C. P. Nam, $beIal Sterstary. © . ' itcgn. No. KFRBIIJ70I2/45073 Governentm of Kerab St dated 5-9-2012 with (NI /4 keg. N. 1. nxnu3 2012 KI./TV(N)/I 2/1 7-14 KERALA GAZETTE • )® W(T000 EXTRAORDINARY (OThifUD WOWGfl)o PUBLISHED BY AUTHORU'Y (uiw1&,o&&,o5] I 1QDe Ih I ru '-a,,, nhltapu ran,, - I st November 2012 Vol. I Thursday 2012 mniosn,c3 I No. miss ojon,o I J O)ln1Olt1Xm)nqo. lUcia Karchika 1934 MMA 1934 odnsm10 10 GOVERNME?'ff OF KEItAI .A Labour and Rehabilitation (K) Department - G. 0. (Ms.) No. 152/2012/1,13R. Da'ech Thintvcinanzhapw-am, 22nd Ocwbe,; 2012. S. U. 0. No. 763/2012.---En exercise of the powers confen -ed by section 5 of the Kerala Shops and Commercial Establishments Act-, 1960 (34 of 1960), the Government of Kerala, being satisfied that the public interest so requires, hereby exempt the establishment of Scematti in Kottayam and Ernakulam from the operation of the provision of sub-section (I) of section II of the said Act, for a period of one year from the date of publication of this notification in the Gazette, subject to the following conditions, namely:---- Every person employed in the establishment should be provided with all benefits under Labour Laws. Every person employed in the establishment should be allowed a weekly holiday with full wages as envisaged in sub-section (2) of - section 11 of the said Act. 33,44331201 211)il + "a 2 The Register of employment under sub-Me (I) of rule 10 of the Kerall. Shops and Commercial Establishments Rules, 196L must properly he kept in the establishment and should be produced before the Labour Officers for inspection as and when requested by them. Iiveiy person employed in the establishment should be allowed interval for rest as envisaged in section 8 of the said Act. Every perso6.employed in the estabLishment should be given overtime wages as envisaged in section 7 of the said Act. The working period of every person employed in the establishment should not be exceeded over ten and a half hours including spread over, as envisaged in section 9 of the said Act. - By order of the Governor, A . 13. l3uu, .ldditiohal Secretwy (Secrezwy-in-c/,arge). S Explanatory Note (This does not form part of the notification, but is inLendddto indicate its generalpurport.) As per section5of the Kerala Shops andtornmereial Establishments Act, 1960 the Government may by notification in the Gazetie exempt any establishments from any or all of the ,proVisions oflicsaid Act, ifit is satisfied by the Government that the public-interests&rcquires. Government have decided to dxempt the establishment of Seematti in Kottam and Ernakulam for a period of one year, from the p?ovision of sub-section (1) 6f section 11 of the said Act. - This notification is intchded to achieve the above purpose. PRINTIil) ANO-I'IJfluISlIIiO fly rue supr.iuwrenrir 01: C0.IRN.Ifl.fl- i'tESse.S AT TIlE CoVeRj'MENT CIiWFRAI. PRESS, -rlIIRuvArANTllAPultAM. 2W2. a- I-- Ktrah Ga No.23 dated 5th June 1990. PART r GOVaNMENT OF KERALA Ls}ieu, and Rehabflia TE) Dpann NOTIFICATION C 6. tt.No. 1284/90/LBR T S,jj ThITUVaMtZtWUrIIm 0. No. 782/9O.—Wheas the Governmc 14th May !990. nt that puhie interest so requires that the oPening tihn of Keraia ate satisjjed of the Metro Theatre, conductingAlakode, Canoor670noon ahowg 571 should he fixed as 12 noon, for the purpose of - Now, therefore, in - - eerci of çhe powers êonferred by sub-sectio (34of section of 1960), 10 theof theGovern iCerala Shops and Commercjai Establishments Act,n 1960 (2) ment of KcraJa hereby order that for a period of one year from the date of publication of this notification, the said theatre shall not be opened earlier than 9 a. m. holidays Which on Saturdays, Sundays and Public a days, or closedfall on onany other day dayslater of than the ?a.m.week, and 12 noon on all other - By order, of the Governor, AMMINI MATIIEW, Joint Secretary to Government EzpIanat Nate its general(Th15 purport.) does not form part of the notification but is Intended to indicate The provisions of /ct, 1960 (34 of 1960) arethe applicasr Kerala Shops and Cothmercjai Estbi5hmth(s e to the Cinema Theatr The Managing Partner, Metro. Theatre, Alakode, Canoor670t'g in tJda 571 State, has )"uested Government to issue orders permittin g him from '12 noon in theatre under his management Government.to conduct OOOYIShOWS conside that the request may be a11owd for a period of ote year from 'the date of publication of this notification This nOtificatio 0!i ct. . -n is to aëhjeve- the above I eraJa Gazette No:g dated ith June 1990 • &ct& s GOVERNM ENT OF RERALA labour and Rebabiljtf0 (E) Depanmt NOTIFICATION G.O. Rt. No. 12 6l/90/LBR. S.R.o. No. Thiruvananspur,, 11th Maj 1990. 783/90._Wher eas the Governmen fled that Public interest so requires that the Openingt oftime Keraja of the are Varsha sath Theatre, Perambra, Kozhikod e purpose of conducting noonsho. District should be Qxed as 12 nOon, for the Now, (2) of sectionthereibre, io in exercEse of the powers conferred by sub-sectio Act, 1960 (34 of the Kerala Shops and Commercial Establishmentsn of 1960), the Government for a period of one yea 0 Kerala, hereby order that thesaid theatre shall r from the date of publication of this noti&adon not be °pened earlier than 9 a. m. on Saturday Sunøays and public holidays which, fall on other days of the week, and 12s , F noon on all other days, or closed on any day later than 2 a. m. - By order of the Governor, - AMMnJI MATHEW Joint Sccrna,y to Explanatory Note its geneniThis purport.)don not form part of the notification, but is intended to indicate The provisions Act, 1960 34 of the, Kerala Shops and Commercial Establishmth qI 1960) are applicabl e The Managing Partner to the Cinema Theatres in this State. has requested Governme, nVarsha Theatre, Perambra, Calicut District, noonshows t to issue. orders perrnittin from 12 noon in theatre g him to conduct under his managent. Government consider that the request may be allow e the date of publicadon of this notificaijon Thisd for notificatio a period of one year from the above object. n is to achieve G. 826 Regn, No. KERBILI20I2145073 &Iø dated 5-9-2012 with RN] Government of Kerala Reg. No. KLITV(N)/634/20 15-17 2015 4 ca &xno6 K.ERALA GAZETTE alwTEatUcbcmo EXTRAORDINARY U1aJDc1aA13cD1) LIflt1(U6)sm2cfl)( PUBLISHED BY AUTHORiTY 2015 (flflI,Gflj(& 25 m)bn1nxn)nJcbc,, 25th November 2015 CIJOQIC\O Enl1u)cra 1191 0 (fflilc%a 9 9th Vrischikam 1191 2630 Vol. IV Thiruvananthapurain, No. Wednesday 1937 flLW03(D3 4 • 4th Agrahayana 1937 caø (fl)(806)3c5 6Mm3fleio 66)m 6T'nk,nJo ((mtS) njo, • oj1th5onjmo cn. . (ms1) 0D0)J(S 179/2015/6XtD019108. 2015 ) Ole 6)2118 lB 3 1191 fl1JM7cth0 2. r4JmN. QJI. 63. m(wd 800/2015.-2006-6)QJ G,%(O@ OrMOnIM5 (?WJ(f cecnatma oenj1nøaofmS 6)cm00031 ce-a12l(n1w1 ec?l6)c (2006-6)Gi 24) 4-00 Ma5jrJ (6)-Do QnJOJ& 2qj LnJa,O(0o 8aeej UYMD1&,006m3u3 flJ1m'lcocD1aJ6aD6T1, 2007-6)PI 0,%(D@ Qn9J0,0Cfl3 aqaiia'um8 nposn1r&s>imS 6flThoW1031 o&&tQxiflwl u©100s rnsu)1mooJuQ1o) ieinia,u8 &rnathbeisurth, cz trç1G)c 4-Do cnx&eeocl nxnjee mMioe3 ohpnntnjoo uftnlsoaxi&i QmxlkSmS cnJplol mnffi1 bnJn D1OxD1 ~ 20b. 33144421201 5/S-23. • 2 (na) (1)-Do nJC1JcO6)eJ "ønJ(U) 02n1' ml(b05 "(TE1&ti() (bin]' CT$kb&6)Do; (Gnu) (2) -Do nseei "ønjth ørJ' n,1oe "aiwiZnsth (bti' (n1n6oQ)o; (m31) (4)-Do )JnJ Ln-la, Døo 63Di8ø3 CmboWC1lo (1)-Do qnj mdb~,A Lnh6,D(bO inJ(0)1DCfl)o 4OGTT16eJ©e6 (S)cO6)O1) OcB6) [nJ(U)lDCfl)o n1Ø6IH (blnJ 1WO(D)1 CTDth&6)0(8 Cfl1W1DflCehO6 (msG)6rB(5)D6)ern(n5; c,(b fl)(IBQD( Q01cnD(b3 Jm1186)(Tn. WflJ(36WO6)9 OTh(bflJlCl8LaJcthDøO, S. esDo c0016778004- £nflO&7V71J(V3 6)(fl)(6O7. Q1ubB1øQcflj (ctsi' nil onJmwm)l6)( so ng)cmoS, cmbaBlec1 @nJD (MjOJO (D PJ&o Qnl søThcmaBlo5 Qclo om5.) 2006-00 Ca(6@ an9JDniCfl .lBq3of a (M~ (MJMB n 06I 1 nh16)al (n5 6H)DwleiDl cke,qøo)lu)l (Bve916)eJ 4-00 flJô3j (6)-Do nwaqj1(b3, mlwltwlG)ei (UrboUb(30)øD)l m1oiQleQ6M0jl Cfllø&G)c%O (4)0o nicthtjl(D8 u0m1 LwDC16)1 (nl(b&E)o (Th(&Q3Ol(fl, ,JaU(MlaVj6)S MS(MWIJMOOJM,MDCM 0mJeJOJ I aUB meelseisuS 0015 ai(J1m1 6)JD (bi cO6XbS W(fl) OJ1I€IThD nJCflo2io n8mlt6g n)l O6) QJsDnJcm(mD6nY 4(th (UOJGUO 16TT. (1m©iflLn1cthDøO Lun13' (&91G}C 4-00 nicej (1)-@o (2)-g0 olø8 01flJffUD dml m1eli (floObSD) (fll(06Q00 " (b2nJ(6 " (bini nO)fffldc "(Ub08nJ(th" ø1niDo (4)-DoJcthçj taieDøo 63D6(OD (TboWflJo (1)-Do i%nj lnia, Døo LnJ(b)lE1D(T1)o nOGIElJcWteG) (tflbSIIc66)(TI) (M6,c66 tn1()100(fl)o (tflbáI (bini L&)DCDcO51 (Th(8&6)0(8 nlwl 1aeJa6 scxiaac)6rs(bD6)6manlo pfll6W1 nJl6ThDnJ(flo nJ06)JSflJl&6)Dfl (TO(8cOOD(8 (WøøD(flhiU. un5up ei1eo mb qcma1a5 'D Oil €IZDDni (Do. :. . ..2lStSk - L Reg.No0tdTXT 1. bve tofKáaI1 Lkt1St1t$S -.1-I. 4 .. :- ..: - '- J 4 • _'' .. 4, ç, 1 .V 4 * .. • S. '' L i,;*, KERALAGAZtTTE4- tI. - ... - • F. ! ;Qaco- (OCr000- - -, - • -- • •. .0gc'g_AOR.DINARY • p - r ':.: :' maoWøtm0 . • • ;; P BYAUThOR1TY - - , - iaoø1ao ..- • ?- . ' 20O1ea f v9ILU' Friday . d 1895 •) • - - *t'r 11T4flt1'294 - C - flo;nxPCThnJ0& 2i b A! niiaio 52t a GOVER~ MT OF KER.L4% r, fill t.NOTlF1CATI0N _ ' %_• -- .-tc1. bate4 -_• - 2906qao7/IK . t.. . •-G. 0 . çRL)No. - • 4*- . of tie paves contrtk by seetto S N,o863/200 --Th exercise 960 0f1960),'the the KeMia Sbos and Cominttciat Establishflftflts A satisfied that pith}iC interest soreqyireS, hereby Govermnent)1 Kerala, being 4 qsta1tiShmtflt$ of dipenariáatt3c to cnoei,ecxewtiWanted,t0ths other allied mtLtuti&IS utrngflom4S, Hospitals and ooêtoit' ç05ftj0gS or mentaLly iUffif, ,- infin,' the destitUth áe of th itk, the n-i Theieatmetfl-0T --4 - . Act,' Tdr 4 •-. roia!EstabI meets. the Shop1 bnd corn Som theprbViSi9!Ic 61 Ksra(a dated 19th '. a d (Rt) $o 2885O05/L8R • .C1960 aCer AtlMatlofl)SSued under In e'Kéra10at t 978I2OOS - v. -. t Ociber, 2Ô65 aidpubtiSl1C&M &R.0 No. ' _,_ •444 • -4-.-. .•1., nd consequentlY ñ(e the' gtraordiitary.- .. 4. No. 2351 dated 29th October, 2005 a notification, tiameir- folI6,king amendment t, tle said - .::., - p 3I4036l2OO7T • :, - a • I, • -r - • . 4..-.. t• • , __]__ '- :, :- - ------ • - •j' - -.-.— -- - - - — 4-- .-- - 2 - MENDMENT In thq.saidnotification, Serial umber 2 and 3 s Mthe eTiwies:agáipst-Them- shaflbedelçted 4 .. I ., • • •: .' By order of the Govemoç :. • ...... --c. K:v45wANAmAN, .3ecYetaiyiovernment - - Explanatory Note (This does not form Part.of the notification7 but is intended to indicate its general purport') As per notification issued under (1 0 (RLkNo 285I20051LHlt dated 19th October, 2005, Government have granted exemption to the establishments of Doctors' Consulting r6orns, dispensaries attached So Doctor's Coulting rooms, Nursing Monies, Hospitals ap1 other allicl institutions for 4lte treAtment of tht sick, the destitute or the nwntally unfit from the provisiOns of the Kerala Shops and Commercial Establihments Acç 3960 ibr a period of 2'years Government have iow reviewed the exemption alread granted as abovt ihd decided to cel the lexempiionsfrom the pravisions of the said Act grnted lo the dispensaries attaohed to Doctor's consuitiag rooms and The Nursing Hpmes f Hospitals and dther allied instifttin thr the treatment or care of the sick, the infirm, the destitute or thç mentally unfit. This nqnfication is intended to achieve the abovl object .. -.• • -. * .• .1. • - -- ..•-. .. • •. 'l, , • - .....• •-. •.J• • Pb I 5I ICcrala Gazette No, 22 dated 30th May 1989. I PART I /Section iv $ GOVERNMENT OF KERALA Labour and Rehabilitation (E) Departznent NOTIFICATION &.O.. (Ri.) No. 606/89/LBR. Dated, Trivandrum, Is! April1989. S. R. 0. No. 885/89.—In exercise of the powers conferred by section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the,Government of Kerala being, satisfied that the circum- stances of the case are such that it would be just and proper to do so, hereby exempt the OEN India Limited, Vyttila, Cochin from the provisions of Chapters II, III, V and Section 30 of the said Act till 30-11-1989. y order of the Governor, C. P. Nrn, - - Commissioner and Secretary to Government. Explanatory Note (This does not form part of the Notiflcatiot, but is intended to indicate its generil purport.) ., f The provisions of the Kerala Shops and Commercial Establishments - Act, 1960 are applicable to all Shops and Establishnicnt in the State. The • Manager, OEN India Limited, Vyttila, Cochin has requested that exemption - may be granted them from the provisions of the Kerala Shops and Commercial Establishments Act, 1960. The Labour Commissioner has recommended that M/s OEN India Limited may, be exempted from the iperation of the provision of Chapters II, III, V and Section 30 of the said \ct. Government have decided tV grant the exemption requested f hr. This notificatiori is intended to achieve the above purpose. im Government of ICexaia Reg No. St oxnjc3 1QJLV4y1226-2O08 & KERAL . GAZEI7E EXTRAORDINARY • . . (UøCfl)QWOWGfl)o PUBLISHED BY AUTHORiTY uJ1stieo1 inimtham ThIpuv..autbapuram, 16th November 2001 VI. LII FrIday 2007. mclon$ 14 No. ) 2060 ofløanlcnnjmo. 25th Kirthlka 1929 oxnis QPeIo 52 j a . 1929,o&uØfl625 Labour and Rehabilftatlnn (E) Department N(rnIICAI1ON -. H a 0. (MsjNa 14W007/LBR Dated, ThiruvananMapuram; 6th 4Y'overnbr 2O07. S. R. 0. Na 941120tX1.—In exercise of the poWers confrrred by sübsection (I) of section 34 of the Kèrala Shops and'Commercial Establishments Act, 1960 Q4 of 1960), the Goydrn erit of Kerala hereby make the following flues' flit to amànd the Kerala Shops and Commercial Establishments Rules, 1961, published as per notification No. 87427/L5I60IHLI) dated the 15th January, 1962 in the Kerala Gazette Nb. JO d'ated the 6th March, 1962 ? the same -haying been previously j,tiblished as required by sub-section (4) bf section 34 of the said Act,as per notification No. 342I3IO2/LBR dated'7thAugust,. 2004 in the Kerala GazeueExtraoãlinary,No. 1835 dated 24th Aügüst, 2004, namely:—, 3314374t200flDW. • . - •., '2'.;' / 'RULES , I Short title and C&nzme?tcemen't —(I) These rules may le èalled the KeralA Shops and Commercial Establishments (Amendment) Rules: 2D07 - 1" I •- ' '' ç-: :'L cT' - '"'-' ,2) They shall come intO force-at 9'9 2. Amendment of the'Rulèst-In the Kerala Shops and Commercial - Establishments Rules, 1961. after rule 6A, the -following rules shall he. inserted; - namely:— "6B:recaution.against sexual'harassinçni.in the establishment.—' • (I) The employer' or' other. responsible persons' in work places or othe r i nstitutions to whom' these rules apjily shall-take 'steps to prevent or deter the - • Commission of.acth of secual hàraAsmcnt and to provide the pro&cdures for the resolution, settlemcinfoi irqsecutiOn of acts of sexual harassmepib'taking all -' steps' required such as,— - (a) express: prohibition' of sexual ,harassmenf 'at work, place shall be notified published and circulated in appropriate ways, (b)' apprap'riate work, Conditions 'shall be provided in respect of work, • leisure, health and hygiene to-further ensure' that there is no 'hostile environment , towards women' at" work. place. and. no woman employee should' have reaionabldi ground to 'believe that she is disadvantaged in' connection, with her employment. ' Initiation of Criminal 'Proceeding.—Where the conduct of se'xual harassment amounts to a specific offence under the Indian Penal Cor under. any 'other law, the employer shall initiate 'action in, accordance with the law by making' a"cothplaint with the.appropriate authority ensuring that the, victims or witnesses are not victimized or discriminated againct while dealing with complaints of sexual harassment The victims of sexual harassment should have the option to seek transfer of the pcçp'trator or their own transfer. ' Dijeiplinary aeuion.—Whe c the cénduct of 'sexual harassment '.amunts to misconduct. in employment as defined by The relevant Setvice'rules, - appropriate'disciplinary action should beinitiatéd by the employe, 'iii accordance" with these rules, Complaint 'Methanism—.Whethet'or not such action cônstiti,utes ap; - offence dndcr láw.or a breach,df service rules, 'a complaint 'ma'chanism as stated: in sub-clause (F)':.of clause (5) shall be created in the employers organisation foE redressal of the complaint made, by the, victim." Such complaint mechanism skiould ensure time bóund treatment 'of, cothplaints: ' s / • - ' •1,-' - .'- a '¼ - , .! t,,, w4-V,,, , -t • .j . .. •, - . -A-' -3: - - ' -- - - '-. Complaints Committee - 1 • p - • ..' - - - , - ' : -, C - i) A'CoiiplaintfConimittee' shall be constituted coflsisting of five members heded by d woman and not less than half of the members of the Comrnitte shall be women; (ii) The Committee shall include a -member represëntiñg a non-governmental organization or other body who is familiar.with the issue of sexual hai-assment. (iii)' The Committee shall make an annual report to the Government dpartment- concerned, f the complaints and action taken by them, Workers' initiative.—Employees should be allowed to raise issues of sexual harassment ai workers' meetings and in other appropriate forum, and it should be affirmatively discussed in employer-employee meetings. Third Party harassment.—Where-sexual harassrneht occurs as a result of an action or omission by any third part)? or outsider, employer and person in charge shall take all necessary and reasonable steps to assist the affected person in terms of support and preventive action." Expianation:—For the purpose of this nile, "sexual harassment" means any unwelcome sexually determined behaviour against co-female workers (whether directly or by implication), by means of:- • (i) Physical conduct and advances; a demand, or request for sexual favours; sexually coloured remarks; showing pornography; any other unwelcome physical, verbal or non-verbal conduct of - - sexual nature. - By order of the Governor, C. K. VISWANAThAN, Secretary to Government. .4 , Explanatoty Note .• . (This does not form part of the notification, but is intended to indicate its. general purport.) The Honourablé Suprethe Court of India in its Judgment dated- 136 August, 1997 in Writ Petition (Criminal) No. 66610 of 1992 (Original jurisdiction) has defined what constitUte a sexual harassment in work places and has iaja down certain guidelines to prqvept such harassment The }Ion'ble Supreme Court had directed that these guidelines be strictly observed at work places for the preservation and enforcemnt of the right to gdnder equality of working women under Artiqle 14 of the ConstitUtion of India. -Therefore, the Government have decided to incorporate provisions to prevent such harassment against working wOmen in shops and commercial establiàbments by aniending the Kerala Shops and çthnmerciai Establishments Rules, 1961. H - This notification is intended to achieve the above objeci. -S LI I - I MINTED AND PULISRED BY THE StJPERINtENDEI4T OVtOVERNMWU MESSES AT WE VOVEnNMENT CENTRAL PRESS. THIRUVANA}1T11APVRAM. 2X7. 0 H © •- Regn.No. KERBIL/2012/45073 • Government of Kerala dated 5-9-2012 with RN! Reg. No. or1, ovoid • : 3& CT1J(&0Q3(8 ( KLrFV(N)/634/20!2-14 2013 KERALJA GAZETTE DO@WCfl)OO EXTRAORDINARY tThCtUOW006Iflo PUBLISIThI) BY AUTHORITY i1ousmmcn,th H Thirovananthapuram, 9th December 2013 vol. It Monday - - 2013 oñlcroosnic& 9 No. 3427 QJ3E1JO 2 - bojmjo, 18th Agrahayana 1935 mmit tSfltO,U 1935 nTaLw63mo 18 GOVERNMENT-OF KERALA -. Labour and Rehabilitation (E) Department NOTIFICATION G.P.(Ms.) No. 143/2013/LBR. Dated. Thiruvananthapurani, 2ndDecembe,ç 2013. a :S-. R. 0. No. 954/2013—In exercise of the powers- conferred by - section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government of Kerala being satisfied that public interest so requires, hereby exempt the shops situated in Munnar in.Idukki District from the operation of the provision of sub-section (1) of section 11 of the said Act, for a period of one year from the date of publication of this notification in the Gazette, subject to the following conditions, namely:- (1) :. Every person employed in the establishment should be provided with - - all the benefits under Labour Laws. • - 3315671/201 3/DIP. 2 (2) Every person employed in the establishment should be allowed a weekly holiday with full wages as envisaged in sub-section (2) of section II of the said Act. By order of the Governor, Da. NIvEDITA P. I1ARAN, Additional Chief Secretaty to Government. Explanatory Note ('rhis does not form part of the notification, but is intended to indicate its general purport.) As per section 5 of the Kerala Shops and Commercial Establishments Act, 1960 the Government may by notification in the Gazette exempt any establishments from any or all of the provisions pf the said Act, if it is satisfied by the Government that the public interest so requires. Government have decided to exempt the shops situated in Munnar • in Idukki District from the provision of sub-section (1) of 'section 11 'of the said Act for a period of one year. This Notification is intended to achieve the above purpose. aT PRINTED AND PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES - AT THE GOVERNMENT CENTRAL PRESS, TFIIRUVANANTHAPURAM, 2013. C. - H _ .KEkALA.GAZETTE .. ththa coffuno° . • !XtRAGRDINAkY - PUBLISHED BY AUThORITV .4 • . flW .cetsa.csI LC%flSu - Thiruvnantbapuram, 7th November 1998Y Vol. XUt* Saturday 1998 mwocniit 7 - No. J (Ufl%WDCTonJcDo • 1831 2J'w;• .43 . J lGtb Earthiki. 19J0 °'°- . ODOYI 1920oônma.16 GOQERJ4MENT OF KERALA . H Labour. 'and Rebabilitaflon (E) Department NOTIFICATIONS I. S G. O.(P)I'o. 90/98/LER. Baled, Thiuvananthapurain, 27//i October, 1998 S. R. 0. No. 97I/98.bi exercise of the powers cónferred.by section 34 of the Kerala Shops and Commercial Establishments Act, .1960 (34 of 1960), the Government of Kerala hereby make the following rules further tq amend the. Kerala Shops and Cómmerciil Establishment Rules, . 1961, the same having bpenj*eviousjy published under the Notification (I) No. 7489/E3f95/ h;LRdated, the 3Ist May,1997. in the Kerala Gazette Extraordinary No. 756 dated, the 7tliJuiie, 1997,- as required under sub-section (4) of the said Sectioji, namely —. PHINTBD AND PtJBLJ$XSED DY TUE S. P. AT THE OOflflThltNT PREk$, tBr3TL(EqANrAIA2LtflI 1998. 3/4585f98/? i. - - S 2 fl RULES Short title and commencenzent.—(l These rules may be called the Kerala Shops and Commercial Establishments (Amendment) Rules, 1998. p (2) They shall come into force at thee. Ajñndnzent of the Rules.—In the Kerala Shops and Commercial Establishments Rules, 1961, in sub-rule (I) of rule 2Gifor the existing Table, the following Table shall be substituted, namely - "TABLE - I . If the nunt'ber of employees proposed to be employed on any day dtiring the year for which the registration certificate is required or renewed,- Rsp isNil 10 does not exceed 5 50 exceeds 5 but does LUOt exceed 10 100 exceeds 10 but does not exceed 20 200 exceeds 20 but does not exceed 30 300 exceeds 30 but does not exceed 50 500 1000 • (g) exceeds 50 but does not exceed 100 2000" • (h) exceeds 100 By order of the Governor, ' DR. V. RAJAG0PALAN, 9 - Secretar, to Government. Explanatory Note- (This doS not form part of the notification, but is intended to indicate its general purport.) in the G.O. (Rt.) No. 893/93fLBR, 1st April, 1993, Government have revied the rates of fees payable under sub-rule (1) of rule 2Q ofthe Kerala Shops and Commercial Establishment Rules, 1961 with effect from 1st April, 1993. Government now proposes to revise the feds payable under . the said Rules. 7 This notification is intended to achieve the above object. I' .. 3 , II G.O.(P) No.90/987LBR. Dated, Thiruvananthapuram, 27th October, 1998. S. R. Q. No. 972/93.— lii exercise of the pcwers conferred by section 40 of the Motor Tianspoit Workers Act, 1961 (Central Act 27 of 1961), the Government of Kerala hereby make - the foll9win& rules further to amend the Kerala Motor Transport Workers Rules, 196Z, the same having been previously published under Notifidation No. 7489JE3/95/LBR dated, 31st May, 1997 in the Kerala Gazette Extraordinary No. 756 dated; the 7th June, 1997 as requited under sub section (1) of Section 40 of the said Act, namcl3t:- RULES 1. 'S/tort title and coinmencemcnt.—'(l) These rules may be called the 3 Ké rala Motor Transport Workers (Amendment) Rules, 1998 . (25 They shall cOme into force at once. - 2. 4nzendment of the Rules—Tn the Kerala Mo€or Transport Workers ,Ru1es, 1962.- (i) in rule 5, for the existing Table, the following Table shall be substituted, namely:— - "TAM,E Ivlaximum number of Mo! or Transport Workers to be employed on Fees anj one day during theyea Rs. Upto5 250 • Gtol0 500 11 to 20 1,000 • 2ltoSO 1,500 • 31to40 2,000 - 41to50 3,000 .51. to 75 4,000 76 to 100 5,000 101 to 200 7,000 201 to 500 10,000 501 to 750 15,000 751 to 1000 20,000 • 1001 and above 25,000". By order of the Governor, 1)a.V. RAJACOPALAN, Secretary to Government. 0 -. Explanatory Note This does not frni part of the notification, but is intdndeu to indicate its genei'ai purport.) . In G.O. (Rt.) No.893/93/LBk dated, 1st April 1993, Government have - revised the rates of fees payable tinder Rules 5 and. 7(3) of the Kerala Motor Trauisport Workers Rules, 1962, with eftèct from 1st A1ril, 1993. Governmçnt now proposes to revise rates under rule 5. This -notification is intended to achieve the above object: -. G.O.(P) No.90/93/LER. Dated, Thiruvananthapurarre, 27th October, 1998. S. R. 0. No. 973/98.—In exercise of the powers conferred, by section 35 of the Contract Labour (Regulation- and Abolition) Act, 1970 (Central . -Act .37 of 1970), the Government of Kerala hereby make the following rules further to amend the Kerala Contract Labour (Regulation and- Abolition) Rules, 1974, the same having been previsoul,y published under notificatiop (.111) No. 7489/E3/95/LBR dated, 31st May, 1997 in the Kerala Gazette -. Extraordinary No. 756 datect, the 7th June, - 1997 as required by sub section (1) of Section 35 of the said Act, namely:— - 'RULE5 Short trt1e and comnzthcenzent.—(1) These rules may be called the Kerala $ Contract Labour Regulation and Abolition (Amendment) Rules, 1998. 2) They shall come into force at once. Amendment of the rules.— In the Kerala Contract Labour (Regulation and Abolition) Rules, 1974, for rifle 26, the following rule shall be Sbstituted, namely . - . . ?G. Fees.–.(I) . The fees.to be paid for the grant of ceftificate of-registration- under section 7 shall be as specified below, ziamely:— - If the number,of workmen proposed to be employed on contract on any dayis Rs. uptoSO.- •- .1000 - 51 to 100 - 2000. 10Ito200 - . 3000 201to300 -. $ 4000 4 (c) 301 to 500 . 6000 (0 -. exceeds 500 . - io,000 p (2) The fees to be paid for the grant of a, licence under Section 12 / shall be as specifiedbelow, namely:- If the number of workñien employed by the contractor on any day is- Rs. '(a) 20 to 50 750 (13) 51 to 100 1500 101 to 200 A 1500 201 to 300 4000 (c) 301 to 500 6000 (f) exceeds 500 10,000" By order of the Governor, Dr.V. RAJAGOPALAN, Secretarj to Vpvemment. 0 Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport.) -. In G.O.(Rt.). No.893J93fLBR. dated, 1st April, 1993, Government have revised the rates of fees payableunder rule 26 of the Kerala Contractor Labour (Regulation andAbolition) Rules, 1974 with effect from 1st April, 1993. Government now decided to revise the rates in respect of fees levied und.r the said rules. This notification is intended to achieve the above object. iv - G.O. (P) No-. 90/98/LBR. . Dated, Thiruvananthapuram, 27th Octgbet, 1998 S. R. 0. No. 974/98.—'In exercise of the powers conferred by sub seetion(l) of section 29 f the Indian Trade Unions Act, 1926 (Central Act XVI of 1926) read with sub section (3) of section 30 thereof, the Government of Kerala hereby make the following regulations further to amend the Kerala Trade Union Regulations, 1958, u,e same having been previously published ,under hotifleation iv No.7489jE/95'LBP dated, 31st May, 1997, in the Kerala Gazette Extraordinary No. 756 dated the 7th June, 1997, as required under - sub section (1) of section 10 of the said Act, namely:- 33/4585/98/MG. - - - 11 - H 6. - REGULATION Short title and coinntneentent.— (1) These regujations may be ea1Ie the Kerala Trade Uniois (Amendment) Regulations, 1998. (2) They shall come into force at once, . Ameniment of the •Regnlations.—.In the Kerala . Trade Union Regulations, 1958, (1) in regulation 5, for the words "One hundred rupees" the word "Five lundred rupebs" shall be substituted. (ii) - in regulation 17, in clause (c), in item (ii) for the vbrds "ten rupees" the words "One hut rupees" shall b& substituted; in item (Hi) for the words, figures and brackets "ks.100 (it' one hundred only)", the words, figures and brackets "Rs. 500 (Rupees hundred)" shall be substituted. - Byorderofthe I Dr. V. RAJA Secretar, to G Explanatory Note I • (This does not forn part of the notification, but is intended to indica' its general purport.) In G.O.(Rt.) No. 893/93/LBR dated 1st April, 1993, Government hay revised the rates of fees payable under the Kerala Trade Unions Regulation 1958 with effect 1m 1st April, 1993. Government now proposes to rdvis the above rates. This notification is fntended to achieve the above object. - , - 'I . t. C GovenentofKenja KLTFV(Ny12,20032005 2005 KERALA GAZETTE ao wo6. EXTRAORDINAJy - flhTbffO0W006n)o • 1 PUBLISHED. BY AUTHORITY t,w1.o,oø1aaocn,1 Lo)laoszcm - - Thlruvananthaputam,. 91h October 2005 Vol. L . • Saturday 2005 a o2o6nx829 No. 1 , -- • - ruooj o 1TC1mnQØo, - 2351 • j •• : 7th icarthlka 1927 : mcnit8 cmml1927.o,imio, 7 • .. GOVERNMENT OF KERALA . • Laboutnd Rehabilitation (E) Departmeiu H . :, • . . NOTIFICATION •.• 6: 0. .t) No. 2885/2005BR Dated, Thinwananthapura,n, 1911, October; 2005. S. R. 0. No. 97812005.—th exercise of the po'v&s cdnferrdd by se'cdon S of the Kerala Shops and Commercial Establishments Act 1960 (Act 34 of 1960) the Government of Kerala being satisfied that public interüt sc reqiires, hereby exempt the following establishments, from the provisions of the.said Act for a period of- t By order of the Governor, • •. . . -. . - ..: • C. K. V1sWAFAm, . -. . . Seèretary to GOvernment - 33/422312005101p . . . . • . • • •:- •. .1±.::::: (1 I. rr A' 5) No: 35 dated 2thh August 1979. Section iv GOVERNMENT OF KERALA P Labour and Housing (E) Department NOTIFICATION No. G. 0. (itt.) 1188/79/L&H. Dated, Trivazidrum, 16th August 1919. S. R. 0. No. 982/79.—Whereas the Government of Kerala are satisfied that public interest requires that all the establishments of Bata Shoe Company (Private) Ltd., situated in this State should be exerr pted from the provisions of subsection (1) of section IS of the Keral a Shops and Commercial Establishments Act, 1960 (34 of 1960); Now, Therefore, in exercise of the powers conferred by section 5 of the Act, the Go"enment of Kerala hercbyo exempt the said establisbmenu a period of one year from the 1st January, 1979 to the 31st December, T1 9 from the provisions of subsection (I) of section 13 of the said Act, subject to the following conditions, namely:-- The employees shall be paid wages, for the holidays with wages at their individual request; and Those employees who are desirous of enjoying the holidays with wages shall be granted such holidays due. By order of the GoNernor, C. P. NAn, Special Secretary. Explanatory Note (This does not form part of the notification, but is intende4 to indicate its gaieral purport). The Bata Shoe Company intends to pay salary in lieu of "Holiday ages" to the workers who apply for it. For this payment. the any should obtain exemption from section 13 (1) of the Kerala and Commercial Establishments Act, 1960.The exemption grauted for the year expired on 3 1-12-1978. The company has requested for tion for another year. Government intends to grant the exemption cise 0 r the powers cdnferred by section 5 of the Kerala Shops and ercial Establi'hments Act, 1960. This notification is intended to Le the above purpose. G. 1358 . © Reg. No. çeit. mmd .C,.. iernment of Kerala . xcurva'i2(2009-2011 2009 KERALA GAZETTE.. . 9c00@ (flcfl)O() '.. . EXTRAORDINARY wtbm)owomGmo PUBLISHED Ey:AuTHo1uTY cm,w1aOt6I8g3I LmD2 0X ) •1 ThiruvafltnthaPUm, 14th December 2009 Monday 2009 (USICn)OtIc5 14 No. VoL LIV cmith ØflØ1QJr)n.iO0, 23rd Agrabsyafla 1931 maijo 54.J 1931 aoLwnno(n? 23 GOVEPI4MS4r OF $flALA . Labour Mid Rehabilitation (E) Department • . . NOTIFICATION •pated. miruvanwithapurWn' 9th December; 2009. G. 0. (itt) N. 1949/2009/LBR. S. R. 0. No. 1056/2009.-4n exercise of the powers conferred by sictioh of the Kerala Shops and Coinmerciat 5gtablishrnefltS Act, 1960 (34 of 1960), the Government of Kerala, being satisfie4 that public interest so requires, hereby exempt the.FL9 Warehouses ind FL! Shops of the Kerala State .(Mahufacturing and Marketing) Corporation Ltd., TEuruvanaflthnPU1 beverageS Act pertnncntly from the date of from the provision of section 10 of the said publication of this notification in the Gazette. By order of the Governor, a C. K. VswA1AThAN, S - Secretary to Government. Kcraia Gazette No. 25 dated 20th June 1989. PART! Section iv COVERNMENT OF ICERALA Labour and Rehabilitation (E) Department NOTIFICATION 0.0. (Rt,) No. 989189/LBR. Dated, Trivandrum, 23rd May 1989. S. R. 0. No: 1072/89.—Whereas the Government of Kerala are satisfied that public interest so requires that the opening tme of the Sri Durga. Talkies (Pvt.) Ltd, Kanhangad should be fixed at 12 noon, for the purpose of conducting noonshows; -. Now, therefore, in exrcise of the powers conferred by 4sub section (2) of section II) of the Kerala .Shops and Commercial EstabIishinent Act, 1960 -- (34 of 1960) the Government of Kerala lereby order that for a period of one year from the date of publication of this notification, the said theatre shall not be opened earlier than 9 a. m. on Saturdays, Sundays and public holidays which fall on other days of the week, and-l2 noon on all other days, or closed on an' day later thaA 2 a. m. - - By oder of the Governor, • . - - Gi&cE Ewz, Jpint Secretary to Government. Explanatory Note • (This does not form part of the notification, but is intended to indioate its general purport.) The provisions of the Kerala Shops and Commercial Establishments Act 1960, (34 of 1960) are applicable to the Cinema Theafres in this State. As per G.O.Rt. Mo. 1688/87/LBR dated 16-1-1987, S.R.O. No. 1694/87, Kerala Gazette dated 29-12-1987 Government had exempted Sri Durga 4, - Falkies, Kanhangad for conducting noonshows for a period of one year. On the request of the management of Sri Durga Talkies or further exemption, the Labour Commissioner has "made necessary enquiries and recommended to grant exemption for a period of one year. - Government consider that the • tequest may be allowed for a perisd of one year. This notificatjon is to - achieve the above object: - - C. 1053. Kerala Gazette No. 34 dated 20th August 1985. PART I Scction iv S GOVERNMENT OF KERALA Labour (E) Department - NOTIFICATION (Rt.) No. 1155/85/LER. Dated, Trivandrum, 23rd July 1985. S. R. 0. No. 1134/85.— Whereas the Government are satisfied that thc circumstances of the case are such that it would be just and proper to exempt the establishments mentioned in the Schedule below from the provisions of section 20 of the Kerala Shops and Commercial Establishment Act, 1960 (34 of 1960); Now, therefore, in exercise of the powers conferred by section 5 of the said Act, the Government of Kerala hereby exempt the said establish- ments from the provisions of section 20 of the said Act, for a period of six months with effect from 19-3-1985, subject to the condition that the employers, who employ women after 7 p. m., shall take the responsibility Al of arranghg proper conveyance for the safe reaching of the women employees to their homes. ScHEDULE Gems Fabrics, Jos Brothers, Jos Junction, Ernakulam,"CochIni6 Mangalam do. do. Sumangali do. do. Benriys Jose Brothers Buildings, Jos Junction, Cochin-16 Ja bee Textiles, Jos Annexe, Jos Junction, Ernakulam, Cochin-16 Cut piece Centre Jos Brothers ) Jos Junction, Ernakulam, Cochin, Sarce Kendra, M. G. Road, Ernakulam, Cochin-16 Beenas,Jos Brothers, Jos Junction, Cochin-16 Rampage, Near Kavitha Theatre, M. G. Road, Ernaku 1am Ro3e Fabrics, Jos .Annexe, Jos Junction, Cochin-lS Vettukattil Textiles, M. G. Road, Ernakulam, Cochin-16 V. I. Baby & Co., Vettukattil Textiles, M. (36 Road. Ernakulam, Coehin-16 V. I. Mathai & Co., Vettukattil Text.iles, M. G. Road, Ernakulam, Co chin- 16 Sarees Sensations, M. G. Road, Ernakulam, Coehin-1 I Sir, Presteege textile Traders, Next to presteege, M. G. Road Ernakulam, Cochin-1 I 1453 ANN 2 Surja, M. G. Road, Ernakulam, Cochin Maharaja Super Market, M. G. Road, Coch in-i 1 Presteege, Presteege Textile Marketing Corn., M.G. Road, Enakulam, Cochin-il By order of the Governor, U. MMIABALA RAO, .4 Commissioner and Secretar, to GooenzmenLr Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport). The Kerala Shops and Commercial Establishment Act, was enacted in the sear 1960. About a quarter century passed since that enacent. The social status and the outlook of women have changed. Just likernen, women are aho anxious to get employment. Government consider that sufficient encouragement should be given for the employment opportunity for women. The managements of 18 Textile shops in Cochin city have requested the Government for granting txemption from the purview of section 20 of the Kerala Shops and Commercial Establishment Act. Government consider that the exemption may be granted for the establishments from the provisions of the section 20 of the Kerala Shops and Commercial Establishmeni Act, 1960 Tor a period of six months with effect from 19-3-1985. This notification is intended to achieve the above object. Sr Kerala Gazette No. 34 dated 20th August 1985, PART I Section iv GOVERNMENT OF KERALA Labour (E) Department a . JNOTIFLCATION "No. 1 170/851LBR. Dated, Trivandrurn, 251hJz4y 1985. - S. R. 0. No. 1135185.—Whereas by notification No. L. Dis. 2191/571L andLAD dated the 17th April, 1957 issued under section 6 of the Travancore-Cochin Shops and Establishments Act, 1125 (IX of 1125) and published in the Kcrala Gazette dated the 23rd April, 1957, the Govern- ment of Kerala have exempted the shops and establishments in the former Travancore-Cochin area of the State in which, excluding the employer, only three or less than three persons are employed, from all the provisions of the said Act subjeci to'certain conditions mentioned therein And whereas the Government of Kerala are satisfied that in the public ______..L interest the said notification should be rescinded - w. Now, therefore, in exercise of the powers conferred by section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government of Kcrala hereby rescind the said notification. By order of the Governor, U. MAHABALA RAO, Commissioner and Secretary to Government. Explanatory Note (This does not form partof the notification, but is intended to achieve general purport). Government had exempted shops and EstabJishments in the former Travancore-Coehin area of the State in which excluding the employer, only three or iess than three persons are employed from all the provisions of the T. C. S. & E Act, 1125 vide Notificatidn L. us. 2191157/L&LAD dated 17-4-1957, published in Kerala Gazette dated 23-4-1957. Government now consider that this exemptioa is no longer necessary in the public interest. Hence this notification. LM - aaGencN&4C toctobe1979. TI Seedon it GOVERNMENT OP ICERALA S Labour Housing (E) Depe'st NOTIFICATION G. 0 Ms. No. 761791L&H. Dated, Trivartdnms, llthAagizst 1979. S. R. 0. No. 1143/79.—In& exercise of the powers conferred by section 5 of the Krrala Shops and Commercial Establishments Act, 1960 (34 of 1960) the Goverament of Kerala hertby make the following amend- ments to the Notification No LI-290/50 DD(2) doted the 15th July, 1950 published on pige 853 in part I of the Travancore—Cochin Gazette No. 29 dated the 18w July, 1950, namely:- AMIND ME Nfl In the said Notification,- (i) item No. 1 shall be omitted, y (ii) the existiag Nos. 2 to4 shall be renumbered as ito 3. By order of The Governor, C.P. N*nt, Special Secrstary. Esplanstory Note (This does not from part of the notification, but is intended to indicate its general purport). As per item No.1 of the notificationNo. Ll-290/5O/DD (2) dated the 15th July, 1950 the former Government of Travancore Cochin had exempted permanently all the cstablihments in the State whose activities are mainly educa ionat and hostels attached to such esttablishments from the provisions & the TrvaQcore-4JOchifl Shops and Establishments Ace, 1125 (IX of 1125) Th- Government of Kerala now propose to cancel the said exemption so that the provi'ions of the Kerala Shops and Comme cial Establi,hrnents Act, 19i0 (34 of 1950) will be applicable to all establishments tn the State whose acti- vities are mainly educational and hostels attached to such establishments. - This notification is intended to achieve the above object. G 1331 1 cram Gazette No 33 Jated 14thAugust 1990 H'AuT I _- 4ction iv GOVERNMENT OF KERALA • Laboinr and Rehabilitation (E) Department WOTIFICATIQN G. 0. Rt. No. 1956/90/LEE. Thiruvano.hthafturam, 20th July 1990. S. K. 0. No. 1170/90.—Whereas the Government of Kerala are satisfied that public interest so requires that the opening time of the Saraswath Films, Padma Air Conditioned Movie House, Ernakulam, Kochi-35 should be fixed as 12 noon, for the purpose of conducting noonshows; No', therefore, in e,(ercise of the powers conferred by sub-section (2) of section 10 of the Kerala Shops and Commercial Establishments Act, 4 1960 (34 of 1960), the Government of Kerala hereby order that for a period of one year from the date of publication of this notification, the said theatre shall not be opened earlier than 9 a. m. on Saturdays, Sundays and Public holidays which fall on other days of the week, and 12 noon on all other days, or closed on any day later than 2 a. in. By order of the Governor, AMMII?I MATHEW, Joint Swetarj to Government. Esplanatary 140t (This does not form part of the Aotification, but is intended to indicate its general purport.) The provisions of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) are applicable to the Cinema Theatres in this Statd. The Manager, Saraswath Films, Padma Air Conditioned Movie House, Ernakulam has requested Government to issue orders perrñitting him to conduct noonshows from 12 noon in theatre under his management. Government consider that the request may be allowed for a period of one year from the date of publication of this notification. This notification is to achieve the above object. 9.1399 1 ( Ker.alâ Gazette No. 28 dated 11th Jqly 1989 PARTt Seption H / C.OVERNMENT OF KERALA Labour and Rehabilitation (E) Department H NOTIFJCATIQN 30. Rt. No. 1025/891LBR. Dated, Trivdndrum, 27th May 1989. -s . RO. No. 1222/8 9.—Whereat the Government of Kerala are satisfied that public inteiest so reqdires that the a p e n in g time of the Surabhi Movies, Chalakudy should be fixed as 12 noon for, the purpose of tonducting noon shows; Now, therefore, in exercise of the powers conferred by sub-section (2) of section 10 of the Keralz Shops and Commercial Establishments Act," 1960 (34 of 1960), the Government of Kerala hereby order that fort a period of one year from the date, of publication of this nbtification, the - said theatre shall not be opened earlier than 9 a. m. on Satufflays,. Sundays and Public Holidays which fall on other days of the week, and 12 noon on •all other days, or closed on any day later than 2 a.rn. By order of the Governor, Giwz EwE, Joint Secretary to Government. Explanatory Note . (This does not form part of-the notification, but is intended to jndicate its general purport.) The provisions of the Kerala Shops and Coipmercial Establishments Act, 1960 (34.of 1960) are applicable to the Cinema Theatres in this State. I.The Managing Partner, Surabhi Moties, Ohalakudy has, requested Govern- ment to issue orders permitting him to conduétnooza shows from 12 noon in the theatre uader their manageme!%t. Government consider that the -request may be allowed for a period of one year.. This notiflcation is to achieve the above object. G. 1052 'p Leg. No. KJ4TV(N)I12 Wo KERALA CAZETIE EXTRAORDINARY PUBLISHED BY AUTHORITY 12th Septcmber 1990 Vol. XXXV] Thlruvanantliapurasn, Wednesday, - [No. 868 21st Bhadra 1912 GOVERNMENT OF KERALA • Labour and Rehabilitation (E) Department NOTIFICATION - G. 0, Rt. No. 2336/90/LER. Doted, Thiruvananthaparatn, 7th September, 1990. S.R.O. No. 1242/90.—Whereas the Government are satisfied that public interest so requires that M/s. Voltas Ltd., Cochin should beexempted from the provisiolis of sections 6 and 8 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960); New, therefore, in exercise of the powers conferred by section 5 of the said Act the Government of Kerala hereby exempt M/s. Voltas Ltd., Cochin, from the provisions of sections 6 and 8 of the said Act for a period of one year from 2-9-1990. I. Under sub-section (2) of section 10 of the said Act, the Government of Kerala hereby orderthat the opening and closing time of M/s. Voltas Ltd., CQchin shall be for a period of one year from 2-9-1990 as specified in the schedule below: - / SCHEDULE / 1. For the Office:. First Phase: From Monday to Friday 9.00 a.m. to 12.45p.m. 1.15 p.m. to 4.30 p.m. Saturdays 9.00 a.m. to 1.00 p.m. A- 3313928/MO. I 2 .S}econd Phase: From Monday t6'rhursday 9.00 a.m. to 12.45 p.m. 1.15 p.m. to 4.55 :p.m. Friday 9.00 a.m. to 12.45 p.m. 1.15 p.m. to 1.50 p.m. Xote:—(l) The Sepoys timings will be as per the existing practice. (2) The Dhver attached to office will observe the following timings: First Phase: From Monday to Saturday 8.45 a.m. to 12.45tp.m. 1.30 p.m. to 5.30_p.m. Yecond Phase: From Monday to Saturday 8.50 a. m. to 12.45 p.m. 1.30p.m.to 5.30p.m. Third Phase: From Monday to Friday 8.45 a.m. to 12.45 p.m. 1.15 p.m. to 6.10 p.m. II For the Godown and Servict Station: first Phase: From Monday to Thursday 8.00 a.m. to 12.30 p.m. l.00p.m.to 5.00p.m. Fridays 8.00 a.m. to 12.30 p.m. 1.00p.m.to 5.30p.m. Saturdays 8.00 a.rn. to 1.00 p.m. Secoit4 Phase: From Monday to Friday 8.00 a.m. to 12.30p.m. 1.00 p.m. to 5.00 p.m. SaturdayB - 8,00a.m.to 1.00p.m. In third Ph.se: From Monday to Thursday 8.00 a.m. to 12.30 p.m. l.00p.m.to 5.25p.m. Fridays 8.00 a.m. to 12.30 p.m. i.00p.m.to 5.20p.m. Note :—The Driver attached to the Codown will observe the Godown timbgs. L By order of the Governor, S. C. P. NArn, Commissioner and Secretary to Government. Explanatory Note (This does not frm part of the notification but is intenaed to indicate its • general purport.) As per G.O. Rt. No. 669/87ILBR dated 2-5-1987 Government have exempted MIs. Voltas Ltd., Cochin for a period of three months from the pr9vsions of the sections. 6 and 8 of the Kerala Shops and Commercial Esta- blishments Act, 1960 (34of 1960) fixing the opening and dosing time of M/s. Voltas Ltd., Cochin. Now MJs. Voltas Ltd., Cochin has informed Sovern- ment that the revised timing granted as per the said G.O. is continued to follow as per agreement dated 2-9-1987 entered into with the Employees Union viz., Cochin Commercial Employees Association, Cochin and t1e said agreement will expire on 1-9-1990. They have therefore' requested Govern-. ment to grant further exemption from the provisions of the said Act, for a period of one year from 2-9-1990. Government consider that the request may be allowed for a further period of one year from 2-9-1990. Hence this ' notification. - ?'RJNTED AdD PUBLISHED BY THE S. G. P. AT ThE GOVERNMENT PR$SS, nURUVANANTHAPURA]&, 1990. Kerala Gazette No. 38 dated 25th September 1990. PART I Section iv GOVERNMENT OF KERALA Labour and Rehabilitation (E)epartrnent NOTIFiCATION G.O. Rt.No. 2095190/LBR. Thiruvananthapuram, 6th August1990. ' S.R.O. No. 1336/90.—Whereas the Government of Kerala are satisfied that public interest so requires that the opening time of the Surabhi Movies, Chalakudy should be fixed as 12 noon, for the purpose of conducting noonshows; Now, therefore, in exercise of the powers conferred by subsectiors (2) of section 10 of the ICerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government ci Kerala hereby order that for a period of one 4 year from the date of publicationof this notification, the said theatre shall not be opened earlier man 9 a. m. on Saturdays, Sundays and Public holidays which fall on other days of the week, and 12 noon on all other - day; or closed on any day later than 2a.m. By order of the Governor, ArnnNx MATHSW, Joint Secretary to Government. Esplanatory Note (Thls does not form part of the notification, but is intended to indicate its general purport.) The provisions of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) are applicable to the Cinema Theatres in this State. The Managing Partner, Surabhi Movies, Chalalcudy-680307, Thrissur District has requested Government to issue orders permitting him to conduct noonshows from 12noon in theatre under his managemCt. Government coSder that the request may be a1loed for a period of one year from the date of publication of this notification. This notification is to achieve the above obje€t. 0.1570 Kerala Gazette No. 52 dated 31st December 1985. PART I Section iv GOVERNMENT OF KERALA >2 Labour (B) Department NOTIFICATION L/ a G.O. Ms. No. 1 9/85/LBR. Dated, Trivandrum, 22nd May 1985. S. R. 0. No. 1779/85.—In exercise of the powers conferred by section 5 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960), the Government of Kerala being ntisfied that public interest so re- quires, hereby exenpt the Indu, trial Development Bank of india, Cochin, from all the provisions of the said Act permanently from the date of publication of this notification in the Gazette. By order of the Governor, U. MAHARALA RAO, Commissioner and Secretary to Government. Explanatory Note (This does not form pan of the notification, but is intended to indicate its general purport.) As per notification No. G. 0. Ms. 61/81/LBR dated 25.7.1981 and G. 0. Ms. t3/32/LBR datel 31-3-1982 all scheduled Commercial Banks and Nationaltsed Banks have been exempted from the provisions of the Kerala Shops and Commercial Establishments Act, industrial Development Bank of India, Cochin has requested that similar exemption may be kanted to that Bank also. Government have decided to grant exemption to the above Bank from the provisIons of the Kerala S Imps and Commercia! Establishments Act, 1960 permanently from the date of this notification. This notification is intended to achieve the above purpose. G. 923 Thirteenth Kerala Legislative Assembly Bill No. 293 TIlE KERALA SIIOP AND COMMERCIAL ESTABLISBMLNTS (AMENDMENT) BILL, 2014 © Kerala Legislature Secretariat 2014 KERALA NIYAMASA81A PRINTING PRESS. . :.. Thirteenth Kerala Legislative Assembly Bill No. 293 THE KERALA SHOPS AND COMMERCIAL ESTABLISI-1MENTS (AMENDMENT) BILL, 2014 711/2014. Thirteenth Kerala Legislative Assembly Bill No. 293 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) BILL, 2014 A BILL • further to amend the Kerala Shops and Commercial Establishments Act, 1960. Preamble—WHEREAS, it is expedient further to amend the Kerala Shops and Commercial Establishments Act, 1960, for the purposes hereinafter appearing; BE it enacted in the Sixtyfifth Year of the Republic of India as follows:- Short title and commencement.(1) 'This Act may be called the Kerala Shops and Commercial Establishments (Amendment) Act, 2014. (2) It shall come into force at once. Amendment of section 2.—In section 2 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) (hereinafter referred to as the principal Act),- after clause (1), the following clause shall be inserted, namely:- "(1A) "big establishment" means a shop or commercial establishment which employs twenty or more employees;" for clause (8), the following clause shall be substituted, namely:- "(8) "establishment" means a shop or commercial establishment which may bea small establishment, a medium establishment or a big establishment."; after clause (10), the following clause shall be inserted, namely:- "(bA) "medium establishment" means a shop or commercial establishment which employs six or more, but less than twenty employees;" after clause (15), the follo*ing clause shall be inserted, namely:- "(ISA) "small establishment" means a shop or commercial establishment where the strength of employees ranges from zero to five:" 711(2104. 2 3. Insertion of Chapter lB—After Chapter IA of the principal Act, the following Chapter shall be inserted, namely;- "CIMPTER lB CONDInONS FOR ENGAGING EMPLOYEES 51J. Issue of appointment letter.— Every employer in a big establishment shall issue an appointment letter, in such manner as may be prescribed to his employees at the time of appointment. p Prohibition of retaining education certificate or experience certificate —No educational certificate or experience certificate in original received from an employee shall be retained by the employer of any establishment at the time of appointment or during the course of employment. Issue of service certificate—Every employer shall provide service certificate to the employees, in such manner as may be prescribed, at the time of Lesignation or retrenchment or supprannuation or while applying for another job.". • 4. Insertion of section 21A.—In Chapter VI of the principal Act, after section 21, the following section shall be inserted, namely:- 21 A. Hostel facilities—Every employer of a big establishment employing more than fifty employees shall provide hostel facilities, in such manner as may be prescribed. 5. Amendment of section 29.----In Chapter VIII of the principal Act, in section 29,- (1) in sub-section ( 1),- . (i) in clause (a),- for the words "two hundred and fifty rupees" the words "five thousand rupees" shall be substituted; for the words "ten rupees" the words "one hundred rupees" shall be substituted. (ii) in clause (b) for the words "ten rupees" the words "one hundred rupees" shall be substituted. (2) in sub-section ( lA),L_ (a) before the figure "6" the following figures and letters, "SD, SE, 5F" shall be inserted; • (b) after the figure "21" the following figure and letter "21A" shall be inserted; for the words "two hundred and fifty rupees", the words "five 'thousand rupees" shall be substituted; for the words "five hundred rupees" the words "ten thousand rupees" shall be substituted. (3) in sub-section (2), for the words "fifty thpëes" the words 'two thousand and five hundred rupees" shall be 'substituted. 6. Amendment of section 34.—Jn sub-section (2) of section 34, after the word "health", the word "sanitation", shall be inserted. STATEMENT OF OBJECTS AND REASONS The hardships being faced by the employees working in the shops and commercial establishments in the State have been brought to the notice of the Government..by the media. Various complaints regarding non issuance of appointment otder, service certificate, retention by the employer of original certificates of employees etc. have been received by the Government. Hygiene' (Commerce and Offices) Convention, 1964 Convention (No. 120) of the International Labour Organisation sesses the need for providing better hygienic conditions to employees working in commercial establishments and offices. In the above circumstances, the Government have decided to incorporate provisions in the Kerala Shops and Commercial Establishment Act, 1960 to regulate the appointment conditions, betterment of the working conditions and to enhance the penalties under the provisions of the Act by amending the same. The Bill is intended to achieve the above object. FINANCIAL MEMORANDUM The Bill, if enacted and brought into operation, wojld not involve any additional expehditure from the Consolidated Fund of the State. MEMORANDUM REGARDING DELEGATED LEGISLATION Section 5D proposed to be inserted in the Act by clause 3 of the Bill seeks to empower the Government to prescribe the manner in which the appointment letter to the employees in every big establishment are to be issued. 2. Section SF of the Act proposed to be inserte.d in the Act by clause 3 of the Bill seeks to empower the Government to prescribe the manner in which the Service Certificates are to be issued to the employees. 3. Section 21A proposed to be inserted in the Act by clause 4 of the Bill seeks to empower the Government to prescribe the manner in which hostel - facilities are to be provided to the employees. I 4, The matters in respect of which rules may be made are matters of procedure and are of routine or administrative nature. Further, the rules, after they are made, are subject to scrutiny by the Legislative Assembly. The delegation of legislative power is thus, of a normal character. cI1IIflhIIt;SLI];II V 40 S EXTRACT FROM THE RELEVANT PORTIONS OF THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT., 1960 (ACE NO. 34 OF 1960) ** 2. Dejinitions.—In this Act unless the context otherwise requires,- (1) apprentice means a person, aged not less than twelve years, whom an employer employs in his service for training by himself or by any other IS person for qpy tradeor calling; (8) establishment means a shop or a commercial establishment; ** ** ** (10) leave means leave provided for in Chapter III of this Act; ** ** (15) Shop means any premises where any trade or business is canied on or where services are rendered to customers, and includes offices, store rooms, godowns or warehouses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment 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 (Central A& 63 of 1948); ** ** ** CHAPTER IA REGISTRATION 5A. Registration of Establishments—U) The employer of every establishment shall make an applidation to such authority as the Government may, by notification in the Gazettei speôir in this behalf (iii this Chapter referred to as the "competent authority"), in such form and on payment of such fees as may be prescribed, for a registration certificatç in respect of that establishment. ** ** ** 5C. Duties of Employer.—(l) A registration certificate granted or renewed under this Act shall be prominently displayed by the employer in the premises of the establishment. CHAPTER VI HEALTH AND SAFETY ** ** ** S 21. Cleanliness) ventilation and lighting.—(l) The premises of every establishment shall be kept clean and free from effluvia arising from any drain or privy or other nuisance and shalt be cleaned at such times and by such methods as may be prescribed; and these methods may include lime washing, colour washing, painting, vanishing, disinfecting and deodorizing. ** ** ** ** ** ** p. Crtvrsa VIII OrFENCES, PENALTIES AND PROCEDURE 29. J'enalties.—(l) Whoever commits any breach of the provisions of sections 5A and SC of Chapter IA shall be punishable,- with fine which may extend to two hundred and fifty rupees and in case of continuing breach with fine which may extend to ten rupees for every day during which the breach continues after conviction for the first breach; or with fine which may eUent ten rupees for every day during which the breach continues after receipt of notice from the competent authority to discontinue such breach]. (1A) Whoever contravenes any of the provisions of sections 6, 8, 9 to Il, 13, 13A, 14, 18, 21 and 22 shall on conviction be punishable with fine, which for a first offence, may extend to two hundred and fifty rupees and for a second or any subsequent offence, may extend to five hundred rupees. 7 (2) Whoever contravenes any of the provisions of sctions 1,19, 20,28 and 30 shall, on conviction, be punishable with fine which may extend to fifty rupees. ** ** ** 34. Power to make rules.—(1) The Government may, by notification in the Gazette, make rules for the purpose of canying into effect the provisions of this Act. In particular and without prejudice to the generality of the foregoing power, rules made under sub-section (1) may provide in respect of the health, safety and welfare of employees. ** ** ** I Govetnmetfl of Kerala Reg. No: otil. mcnià KIJTV(N)/12'2006• 2008 2006 KERALA GAZETTE CO (fXfl)OO EXTRAORDINARY ncrJ3Woø6mo PUBLISHED BY AUTHORITY -. w1aow1a®cxn1 c)1Dsm)m) S . 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() caI)1c8 "u,j S (IJ5CS(m)16 2061tfl)0) 5000 m1nno 3Jccoo a 1000 ørü Qh1(mOJo (b6moa61 nJøQ30JWl 2Q000 • c)J' nm QDe9aQ8aço (UTDQ&16U8&6)O oJDIDQ QeI3a0QJ6m3S wo$ktifløS • nJsnlcr.o 6)rJ2"fl1) LpJO' nQ)(T1l QIo6Jacfls QaMS3c8e6t)36U) aEm2o-4 • nj)W)l LDmJ6UMTW6W@lM8 "c1(t OZnJ" na$Tt) QJ3.86IO,O886) ctJ0C, uOce,a "20)ani (Oni" ng$Tfl flOØQ&U5 - 411)_ a)-os inux5m518 ' ucuWIocmo 5 oi nfltmo" a)(rfl aa,oaeo ThJØfl'TIQ rtjdttO "14YU)13Qo (TbQJ2 (D4J nj1cmcio 6)a18 6X)3#1031 • •itrC)hX1* JOI3WIUJ (flJ(T)WZIO CtTThCGThU8 nymo']6rno s0)08 mJ ym. • &S.2$) ,E(0)Q6fl1. • - 4. cfl 000d1] wncniiwøotil • • cml. luioaon8, • 'àd a / V MINUTES OF DISSENT We record the following minutes of dissent, to this bilL L Under clause 4 each member has to contribute ten rupees per month nd the eniployers háye to contribute ten rupees' each in respect of every employee: Thus the contribution is not based on the pay and allowances Of an employee. Pay and allowances of an employee has no bearing with any of the provisions of the Bill., Hencethe defiriition of, the term Salary should be deleted. - 2. According to the provisions of the Bill the Govetnmentshall contribute only fifty percent of the amount contril?uted by the emploees. We are of the view that the Government shall contril!ute a sum equal to that of the contribution made by the employees. Besides the contribution should be made on or before a date to be specified in the Bill. Hence tiecessary changeS should be .made acccirdingly. As ihose working in hospitals and nursing homs have been included in the definition of the term 'employees the beneficiaries ar not persons similarly placed.' When a doctor of a hospital gets thousands a menial servant there of get only very, limited income. It is not proper to stipulate one and the same amount of contribution frxn employers belonging to both of these c4tegories. Therefore either the doctors and such other persons who get high salaries should either be obliged to contribute not less than fifty rupees-pet month or they shall be excluded from the purview of the Bill. Hence, necessary changes should be included in the bill. 4. According to the . prov.isionsof the Bill only those employees who have made their contributions for a specified period are eligible to get the benefit; this is unfair. When once the contribution begins the'accretion will sore up meets and bounds; So the benefits can be given even if the contribution is not made for a specified period.. Hence necessary changes should be incorporated in the Bill for this purpose. 4 . - Adoor Frakash (Sd.)' Therambil gamalcrjbnaji , (Sd.) I • 2006 -6QJ aaø CnS13nJT n36IJ1n&1&14OiS acmawleiagl cotmai1w1 nib5 (ar anlgl c$cap6 @nihw øob) [s1oø1oio oJom18 øascio aarziç1 m't4wot1aj C€flWG1th6)' msflj1&Q2flD. 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PUBLISRID BY WrHORIfl I 24th August 2004 Tuesday (VIØWC(DuOO° No. Vo1 xzzx 1 2004 24 . I. - ? 1835 &co&oJcn(TmftJ6cDo,. 2nd Bbsdn 1926 OXT)J( 30W1% 49 I ea-IOQj Ii 1926°ce'2 ) GOVERItMENT OF KERALA Lanour4)usd Rehabilitation (E) Department. I NOTIFICATION No 342/E3/2002/LBR, Dtted, Thinwarianthapuram, 71h lugust, 2004. The following Draft Rules further to amend the Kerala Shops and Commercial Establishments Rules, 1961, which the Government of Kerala intends to make in exercise of the powers conferred on it by section.34 of th Kerala Shops and Commercial Establishments Act, 1960 (Act 34 of 1960), - is herebypublished as required by sub section (4) of sectipn 34 of the said Act. • Notice is hereby given that the Draft Rules will be taken up for consi- deratien after the expiry of two months from the date of publication of this notificatioa in the Gazette and that objections. or suggestions, if any, in respect of the Draft Rules which may be -received from any person before the date specified above will be considerc&. by the Government. Suggestions or pbjections, if any, shall be addressed to the .Secretary to Government, L4bour and Rehabilitation (E) Department, Government Secretariat, Thiruvananthapuram. - 831$639/20041MC. I 2 H DRAPT Ruz.vs 1'. Short title and cocnmencement.L_(1) These rules may be called the Kerala Shops and Commercial Establishments (Amendment) RuLes, 2004. • 2) They shall conic into force at once. 2. Amendment of the Eules.—Tn the jCerala Shops and Commercial - Establish,mnts Rules, 1961 after rule GA, thefollowing- rules shall be inserted, namely:-- - "GB. Precaution gainst secual harassment in the establishment.— - -S (1) The employer of other resonsible persors. in work places or other - institutions to whom these rules apply shall take steps to prevent or 4etcr - the commissjon of acts of sexual harassment and to provide the proáedures los the resolution, settlemc,j-rt or prosecution of acts sexual harassment by taking all steps required such as,- express prohibition of sexual hârassrhcrlt at workplaco shall be notified, published and circulatecf in apprOpriate ways; avpropriate work conditions shall be -*ovided in ràspect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work place and no women employee should have - reasouable ground to believe that she is disadvantaged in connection with her employment.] - - - InItiation. of criminal Proceeding—Where the conduct of sdual harassment amounts to a specific offence under the Indian Póñd. - Code or under any other law, the employer shall initiate action in acdordance with the law by making a complains with the apjiropri-ate authority ensuring that victims or witesses are not victiinised or discriminated ag.inst while dealing with complaints .ofsexuat harassment. The victims ofse*uaI' harssment should have the option to seek transfer of the prepetrâtor or i their own transfer. Di,€zplinary aetron.-.-Where tho conduct of sexual - harassment amounts to misconduct, in employment as defined by the relevant service rules; • appropriate disciplinary action shbuld be initiated by the employer, in - • • accordance with thes& rules. I. C'ompldint Mechanism.—Whethor or not such action constitutes • - an oJfnce under law or.a breach of service rules, a complaint mechar-jisin as stated in sub-clause (1)fclause (5) shaltbe ci-eated in the employer's organisation for redress of the complaint made by the victim. Such complai mechaniszn - should ensure time bound treatment of complabits; .. I'. (5) Copzp1aitCommittee.—(i) A oomplaints committee shall be consti- - tuted consisting of five 'members headed by a woman And not less than half of its members shall be women; It shall include a non-governmental- byginisatiop or other body who is familiar with the issue ofexual harassment; It shall make an annual report to the Government department conceried, of the complaints and action taken by them: (6) Worker's Wtiatiue.—EmpJoyes should be' a.11owpd tb raise - sues of 'sexual harassment at worker's meeting and in' other appropriate forum; and it should be affirmatively discussed in employer-employee meetings. - (7) Third 'party karasfizent.—Wbere'.- sexual harasmeAt occu±5 as p result of an actiofl or omission by any third party or outsider, employer and persOn in charge will take all necessary and reasonable stcpso assist the affected person in terms of support and pr'oventivc aiftion.". Explanation .—For the pur oses of this rule, "sexual har4ssmeit" means any unwelcome sexually determined behaviour against co'fcmale workers (whether directly or by implication), by pteaS of:- • (i) physical conduct and advances; a demand, on request for sexual ilvours;,. sexually coloured remarks; - (Iv)' showing pornography; ' • (v) any other unwelcome physical, verbal or non-v6rbal conduct of sexual nature. • : •. . .. By order of the Governup; &IAs GEORGE, SaentcytoGonemmeict. Snas AND nrntlsRn) BY THE svPrJ5vwtNT 07, GOVWNMZNT r Al THE GOflSNMEfl C47R&L ras, TIRRUVANANTHARflAMt 2004, Sig ra Rcgn.No. KERBILI20I2/45073 dated 5C92012 with ItNI ( ' •tkáø@ thx8soc8 Reg No KL/TV(N)16341201214 GóeñtOf Kerala rsic 7 C4GCb (IYfltC)fl KERA GAZE'ITE rn)3U)3o EXTRAORDINARY • F aoO(X$l- .Lt1aV6)jSTh0 PUBLffiHED-Wi' AUTHORITY: 2014 112196 12 - - - flbcuamnJbo,. 12th JUne 2014 0 - 1189 &j' 29 1.1472 j Thiruyapaithapuráin' 29thJdavarn 1189 . 111 No: Thursday 1936 CtZalJCa 22 22nd .Jyaishta 1936 - - SEcRETARIAT OF TUE KERALA LEGISLATURE • I &OTIFICATION . -. No. 3215fLegn.3f2014ILeg. Dated, Thiruvanantlyipuram, 12th June, 2014. • The Kerala Shops and Cothmercial Establishments (Amen4ment) Bill, 2014 together with the Statement oi':Objecth and Reasons, the FinancTil Memorandum and the Memorandum Regarding Delegated LeisIatibn is published, under I Rule 69 of the -Rules of Procedure and Conduct of Businôss in the Kerala Legislative Ass embly.t - - P. D. SAkANGADHARAN, Secretary Legisloave Assembly. - • • PRIflT AND -p1JIfl.lSljJ3D BY THE SUPERI DENT OF- GOVF.RNMENl - AT THE GOVERNMENT C9JTRAL PRESS, ThIRUVANANrUAPURAM. 2014. • 33/243612014/S-2. . , 2 • Thirteenth Kerala Legislative Assembly Bill No. 293 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) BILL, 2014 * Ulm further to amend the Kerala Shops and Commercial Establishments Act, 1960. Preamble—WHEREAS, it is expedient further to amend the Kerala Shops and Commercial Establishments Act, 1960, for the purposes hereinafter appearing; BE it enacted in the Sixty-fifth Year of the Republic of India as follows:- Short title and commencement—(I) This Act may be called the Kerala Shops and Commercial Establishments (Amendment) Act, 2014. (2) It shall come into force at once. I Amendment of section 2.—In section 2 of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) (hereinafter referred to as the principal Act),- after clause (1), the following clause shall be inserted, namely:- "(IA) "big establishment" means a shop or commercial establishment which employs twenty or more employees;" for clause (8), the following clause shall be substituted, namely:- "(8) "establishment" means a shop or commercial establishment which may be a small establishment, a medium establishment or a big establishment."; after clause (10), the following clause shall be inserted, namely:- "(bA) "medium establishment" means a shop or commercial ' establishment which employs six or more, but less than twenty employees;" 3 (iv) after clause (15): the fol1oing claisc shall be inserted, namely:- "(ISA) "small establishment" means a shop or commercial establishment where the strength of employees ranges from zero to five:" Insertign of Chapter lB—After Chapter IA of the principal Act, the following Chapter shall be inseftcd, namely:- "CHAPTER lB CONDITIONS FOR ENGAGING EMPLOYEES 5D. Issue of appointment lett5.—Every employer in a big establishment • shall issue an appointnent leUei in such manner as may be prescribed to his empIoyèe at the time 'of appointment. - 'SE. Prohibition of retainink education certificate or experience certificatd.—No educational certificate or experience certificate in original received from an employee shall be retained, by the employer of any establishment at the time of appointment or during the course oiemloyment. 5F Issue of service certificate—Every employer shall p?ovidc service - certificate to the cmployees, in such manner as may be prescribed, at the time - of resignation or retrenchment or superannuation or while applying for T another job.". Insertion of section 21)1:—In Chapter VI of the priñtipal Act, after section 21, the following section shall be inserted, namely:- • . -21 A. Hostel facilities—F very emj,loyer of a big establMhment employing more than fifty employees shall provide hostel facilities, in such manner as may -' • be prescribed; - Amendment of section 29.—In Chapter VIII of the principal Act, in section' 29,— - (1) in sub-section (1),— , (i) in clause '(a),--' ' (a) for the words "two hundred and fifty nipees" the words "five - thotisand rupees' shall be substituted; (1,) for the words "ten rupees" the words "one hundred rupees" shall,, be substituted. , El (ii) in clause (b) for the words "ten rupees" the words "one hundred rupees" shall be substituted. (2) in sub-section (1A),- before the figure "6" the following figures and letters, a "51), 5E, SF" shall be inserted; after the figure "21" the following figure and letter "21A" shall be inserted; for the words "two hundred and fifty rupees" the words "five thousand rupees" shall be substituted; for the words "five hundred rupees" the words "ten thousand rupees" shall be substituted. (3) in sub-section (2), for the words "fifty rupees" the words "two thousand and five hundred rupees" shall be substituted. 6. Amendment of section 34.—In sub-section (2) of section 34, after the word "health", the word "sanitation", shall be inserted. STATEMENT OF OBJECTS AND REASONS The hardships being faced by the employees working in the shops and commercial establishments in the State have been brought to the notice of the Government by the media. Various complaints regarding non issuance of appointment order, service certificate, retention by the employer of original certificates of employees etc. have been received by the Government. Hygiene (Commerce and Offices) Convention, 1964 Convention (No. 120) of the Jnternational Labour Organisation stresses the need for providing better hygienic conditions to employees working in commercial establishments and, offices. In the above circumstances, the Government have decided to incorporate provisions in the Kerala Shopsand Commercial Establishment Act, 1960 to regulate the appointment conditions, betterment of the working conditions and to enhance the penalties under the provisions of the Act by amending the same. The Bill is intended to achieve the above object. • - . - - - 5 FINANCIAL MEMORANDUM Thé Bill, if enacted and brought into operation, Would not involve any . additional -expeiiditurefràm the CohsOlidatcd Fund of the State. • - MEMORANDUM REGARDING DFEG.TEI) LEGISLATION Section 5D proposed to.hc inserted in the Act by clause 3 of the Bill seeks' to emôower the Government to prescribe the manner in which the appointment - letter to the employees in every big establishment are tO be issued. 2. Section 5F 1 of theAet proposed to be inserted in the Act by clause 3 of the Bill, seeks to empáwer the Governmept to prescribe the manner in which the Service Certificate$ at to be issued to the employees. • S • 3. Sectioir2lA proposed tobe ibserted in the Act by clause 4. of the Bill sèeks to empower the Government to prescribe the manner in which hostel. -fcilitics are to be provided to the employees. .4. The matters in respect'of which rules may be thade are matters, of procedure and arc of rOutine or administrative natlirc. Furthex the rules, after - they are made, are subject to scrutiny by the Legislative Assthnbly, The delegation of legislative power is thus, of a normal character. SHIBU BABY JOHN 1 I" - 331243612014. Twelfth Kerala Legislative. Assembly Bill No. 21 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS WORKERS' WELFARE FUND BILL, 2006 0 © Kerala Legislature Secretariat 2006 KERALA NIYAMASABHA PRINTING PRESS. Twelfth Kerala Legislative Assembly Bill No. 21 S THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS WORKERS' WELFARE FUND BILL, 2006 40 Twelfth Kerala Legislative Assembly Bill No. 21 THE KERALA SHOPS AND COMMERCIAL ESTABUSHMENTS WORKERS' WELFARE FUND BILL, 2006 A Bill to provide for.the constitution of a Fund to grant relief to, to promote the welfare of and to pay pension to workers coming under the purview of the Kerala Shops and Commercial Establishments Act, 1960 and self employed persons. - Preamble.—WImREA5, it is expedient to provide for the constitution of a Fund to grant relief to, to promote the welfare of and to pay pension to workers coming under the purview of the Kerala Shops and Commercial Establishments Act, 1960 and self employed persons and for certain other matters incidental therto. BE it enacted in the Fifty Seventh Year of the Republic of India as follows:- Short title and commencement.—(l) This Act may be called the Kerala Shops and Commercial Establishments Workers' Welfare Fund Act, 2006. (2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint. Definitions—In this Act, unless the context otherwise requires,- "Board" means the Kerala Shops and Commercial Establishments Workers' Welfare Fund Board constituted under section 6; "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section 9 "Contribution" means the sum of money payable to the Fund under section 4; "employer" means a- person who employs, directly or indirectly, whether on behalf of himself or for any other person, one or more workers to do any work in institutions including hospital, nursing home, dispensary, or commercial establishments coming under the purview of the Kerala Shops and Commercial Establishments Act, 1960, (34 of 1960); 663/2006. 2 (e) "family" means husband/wife, their minor children, unmarried daughters and; father and mother who are dependent on the worker or self employed person, coming under the purview of the Kerala Shops and Commercial Establishments Act; (0 "Fund" means the Kerala Shops and Commercial Establishments Workers' Welfare Fund established under section 3 ; - "Worker" means an employee coming under the purview of the Kerala Shops and Commercial Establishments Act, 1960, (34 of 1960) and includes a person employed in Establishments including hospitals, nursing homes, dispensaries and who receives wages from the employer directly or otherwise or through contractor or agents, a self employed person and any dther person, declared by the Government from time to time, by notification in the Gazette, for the purposes of this Act to be an employee coming under the purview of the Kerala Shops and Commercial Establishments Act: Provided that the employees working in the Establishments where any other Welfare Fund of the Government of Kerala, the Factories Act, 1948 or the Plantation Labour Act, 1951 are applicable and in Establishments exempted by the Government, from the provisions of the Kerala Shops and Commercial Establishments Act, 1960, shall not be included in this Welfare Fund; "member" means a member of the Fund; "person" includes a company, a firm, an association of individuals or a co-operative society registered or deemed to have been registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969); U) "salary" means the total amount of salary (inclusive of basic pay, dearness allowance and other allowances) received by a worker in a calendar month. - (k) "schedule" means the schedule to this Act; (1) "scheme" means a scheme framed under section 3 "self employed person" means a person who actually engages lumself mainly in a work coming under the purview of the Kerala Shops and Commercial Establishments Act, 1960 for the livelihood, without employing any workers, and which but, does not include a person who is a member of Vyapari Vyavasayi Welfare Fund or Ration Dealers Welfare Fund "year" means a financial year commencing on the 1st day of April. 3 3. - Kerala Shops and Commercial Establishment Workers' Welfare Fund.—.(1)- The Government may, by notification in the Gazette, frame a scheme to be called "the Kdrala Shops and Commercial Establishments Workers' Welfare Fund scheme" for the establishment of a Fund for the welfare of the workers coming under this Act and there shall be established, as soon as may be, after the framing of the scheme, a Fund in accordance with the provisions of this Act and the scheme. (2) These shall be credited to the Fund, namely:- the contributions as per section 4; amounts borrowed by the Board under section 10; damages realised under section 20; grants, loans or advances made by the Government of India or the State Government or any institution; any donations from whatever source; (0 any amount raised by the Board from any other sources to augment the resources of the Board; fee levied under the scheme; any other amount which under the provisions of the scheme, shall be credited to the Fund. The Fund shall vest in, and he administered by the Board constituted under section 6. The Fund may be utilised for all or any of the following purposes namely:- for payment of pension to a member who is unable to work,- for period of more than two years due to permanent physical infirmity, or has completed the age of sixty years and had remitted contribution to the Fund for at least ten years continuously or for payment of family pension, on the death of a membr who had remitted contribution for at least fifteen years continuously; for providing maternity benefits to female member if remitted contribution to the Fund continuously for one year For payment of financial assistance to meet the expenses in connection with the marriage of daughter or in connection with the death of a dependant of !. members who had contributed to the Fànd continuously, at least for a period of three years; for providing medical facilities and educational benefits to members if contributed to the Fund continuously for one year and theft families subject to certain conditions as may be fixed by the Government in consultation with the Welfare Fund Board; for the payment of assistance on the death of a member due to illness or accident who has made contribution to the Fund continuously for a period of three years or more at the rate of Rupees Five thousand for the first three years and Rupees One thousand for every additiouial year, subject to an aggregate maximum of Rupees Twenty thousand. Explanation: Those who have contributed to the Fund continuously for a period of six months or more in a year shall be deemed to have continued as members till the completion of that year and according to this pension and financial assistance on death shall be computed. Service less than six months shall be ignored. (5) Subject to the provisions of this Act, the scheme framed under sub-section (1) may provide for all or any of the matters specified in sub-section (4) and the schedule. 4. Contribution to the Fund:—(I) Every member shall contribute to the Fund Rupees ten per month. Every employer shall contribute to the Fund Rupees ten per month, in respect of each worker employed by him. The Government shall contribute to the Fund by way of grant, an amount of Rupees Five per month, on the amount of monthly contribution made by each member; The amount of contribution to be remitted as such shall be deposited in a co-operative Bank recognized by the Board or Nationalised Banks or any institutions decided by the Government; for collecting such amount; S The Government may, by notification in the Gazette, revise the rate of contribution specified in sub-section (1) and (2) and the rate of grant specified in sub-section (3), once in every three years taking into account the expenses required for the implementation of the scheme; Every notification under sub-section (5) shall be laid, as soon as may be, after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes 5 any modification in the notification or decides that the notification should not be issued, the notification shall, thereafter, have effect only in such modified form or be of no effeôt, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that notification. Modification of the scheme.—( 1) The Government may, by notification in the Gazette, modify or vary the scheme framed under this Act either prospectively or retrospectively. (2) Every notification under sub-section (1) shall be laid, as soon as may be, after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days, which may be comprised in one session or - in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the notification or decides that the notification should not be issued, the notification shall, thereafter, have effect only in such modified form--or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification. Constitution of Board.—( 1) The Government may, by notification in the Gazette, constittite with effect from such date as may be specified therein, a Board to be called "the Kerala Shops and Commercial Establishments Workers' Welfare Fund Board" for the administration of the Fund and to supervise and management the activities financed from the Fund. • • (2) The Board shall be a body corporate by name aforesaid, having perpetual succession and a common seal and shall, by the said name, sue and be sued. (3) The Board shall consist of fifteen directors nominated by • Government as hereinafter provided: five members representing workers and self employed persons; - five members representing the employees; five members representing the Government. One of the Directors of the Board shall be appointedby the Government, to be its Chairman. the Government shall publish in the Gazette, the names of the Chairman and the Directors of the Board. • • The Board shall administrate the Fund vested in it, in such manner as may be provided in the scheme. - The Board may, with the previous approval of the Government, delegate to the Chairman or to any director or to the Chief Executive Officer of the Board or any other officer of the Board, such of its powers and functions tinder this Act or the scheme, as it may consider necessary for the efficient administration of the Fund, subject to any restrictions and conditions, if any, as it may direct. An amount up to seven percentage of the contribution collected by the Board every year or the amount as may be fixed by the Government, from time to time, may be expended towards payment of salary of the Staff of the Board and other approved expenses. 7. Term of office of the Directors.—(l) A director appointed under sub- section (3) of section 6 shall hold office for a period of three years. Notwithstanding anything contained in section 8, the Government may, at anytime, for reasons to be recorded in writing, remove from his office, any director of the Board and such removal shall be made after giving him a reasonable opportunity of showing cause against proposed removal: Provided that it shall not be necessary to record in writing, the reasons for removal or to give an opportunity of showing cause against the proposed removal, if the Government are of the opinion that it is not expedient in the public interest, to record the reasons in writing or to give such opportunity. Any director may resign his office by giving notice in writing to the Government but, he shall continue in office till the resignation is accepted by the Government. 8. Removal of non-official Directors.—(l) The Government, may, by notification in the Gazette, remove any non-official Director of the Hoard from his office for the following reasons:- if he absents himself, without the permission of the Board, from three consecutive meetings of the Board; Provided, however, that such absence may be condoned for sufficient reasons by the Board before the publication of the notification in the Gazette; if, in the opinion of the Government, he is ineligible or has become incapable of acting as a Director or has so abused his position as a Director as to render his continuance as Director, as such detrimental to public interest: PA Provided that, before removing a Director under this sub-section, he shall be given a reasonable opportunity to show cause why he should not be removed, A non-official Director of the Board removed under clause (a) of sub-section (1) shall be disqualified for re-appointment as a Director of the Board for a period of three years from the date of his removal, unless otherwise ordered by the Government. A non-official Director of the Board removed under clause (b) of sub-section (1) shall not be eligible for reappointment until he is declared by an order of the Government to be no longer ineligible. 9. Appointment of Officers and Staff—(I) The Government may appoint a Chief Executive Officer and such number of other Officers and Staff as they consider necessary, to assist the Board in the discharge of its functions and • duties under this Act. Subject to the provisions of sub-section (3), the method of • appointment, salary and allowances, discipline and other conditions of service of the Chief Executive Officer and other officers and Staff appoinied under sub- section (1) shall be such, as may be prescribed by Government. In the case of posts in the service under the Board; to which appointment is made by direct recruitment, the provisions of part I and II of the Kerala Service Rules 1958, as amended from time to time, shall muthtis mutandis be observed. Appointment may be made provisionally on deputation basis, when the Board is ôonstituted and starts functioning. 10. Power of the Board to borrow—The Board may, from time to time, with the previous approval of the Government and subject to such terms and • condh.ions as may be specified by the Government, borrow money for the purposes of the scheme. 11. Detennjnatjon of the amount due.---(1) The Chief Executive Officer or any other officer authorised by the Board in this behalf, may after making such inquiry as may be necessary and after giving every person liable to pay contribution under section 4, an opportunity of being heard, - by order determine the amount of contribution due under the provisions of this Act or the scheme. (2) The Officer conducting an enquiry under sub-sectiOn (1), shall, for the purposes of such enquiry, have the same powers as are vested in a civil court, while frying a suit under the Code of Civil Procedure, 1908 (Central Act S of 1908) in respect of the following matters, namely:- enforce the attendance of any person and examine him on oath; requiring the discovery and production of documents; receiving evidence on affidavits; issuing commissions for the examination of witnesses; Any enquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of Indian Penal Code (Central Act 45 of 1860) and coming under the purview of section 196 of the said code. Any person aggrieved by an order under sub-section (1) may, within thirty days from the date of receipt of the order, prefer an appeal before the Labour Commissioner or an officer, not below the rank of the District Labour officer of the Labour Department authorised by him in this behalf, and such officer may, after making such enquiry, pass such orders thereon as he thinks fit. The Government may, either suo motu or on application of the aggrieved person, call for the records of any proceedings of the Labour Commissioner or the officer authorised by him under sub-section (4) and make such enquiry and pass such orders as they deem fit: Provided that, an application for revision under this sub-section shall be made within thirty days from the date of receipt of the order, by the applicant: Provided further that, no order shall be passed under the sub-section, without giving the person who may be affected thereby, an opportunity of being heard. 12. Provisional assessment and collection of contribution.—(l) Every employer liable to pay contribution under section 4 shall, pending determination of amount due from him under section 11, pay on or before the fifth day of each succeeding month, an amount equal to one-twelfth of the amount payable annually by him as determined for the last time under the said section, in the manner as specified in the scheme, (2) Where the contribution is not paid by the employer, worker or self employed person on or before the due date, any officer of the Board authorised by the Board in this behalf shall issue a notice, showing the amount in arrears and if the amount is not paid within fifteen days of the receipt of such notice, that amount may be recovered with twelve per cent interest per annum in the same manner as arrears of public revenue due on land. El (3) The amount paid by an employer under sub-section (1) maybe adjusted against the.amount determined under section 11,for that year. Manner of filing appeal petition—Any amount is due from a worker, employer or self employed person, under the provisions of the Act or Scheme and the amount being defaulted, and it is felt that an appeal is to be preferred on such debt, an appeal may be preferred before the District Labour Officer (General), within fifteen days from the date of receipt of notice by paying at least half of that amount and the District Labour Officer shall, after cOnducting enquiry through notice to the conceEned parties and after ôonducting hearing, by taking evidence, finally dispose of it within three months. Priority of payment of Contribution over other debtE.—Where any employer, liable to pay contribution to the fund under section 4 is adjudicated as insolvent or in case such employer is a company, an Order of wiridingUp is made, the liability in respect of the amount due from such employer undef this Act or the scheme shall, where the liability therefore has accrued befoEe the order IS of adjudication or winding up is made be deemed to be included among the debts under section 64 of the Insolvency Act, 1955 (2 of 1956) or tnder section 530 of the Companies Act, 1956 (Central Act 1 of 1956) which are to be paid in priority to all other debts, in the distribution of the property of the insolvent or the asset of the company being wound up, as the case may be. Employer not to reduce wages etc—No employer shall by reason only of his liability for the payment of any contribution to the Fund, reduce whether directly or indirectly the wages of any worker to whom the scheme appliesor.the total quantum of benefits to which the worker is entitled under the terms of his employment, express or implied. Directors of Board etc. to be public servants.—ach director of the Board and the Chief Executive Officer and each other officer and employee of the Board appointed under sub-section (1) of section 9 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 • (Central Act 45 of 1860). Penalty.—(1) A person who for the purpose of avoiding any payment to be made by him under this Act or under the scheme, or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation, shall be punishable with imprisonment for a term, which may extend to three months; or with fine, which may extend to five hundred rupees or with both. - (2) Any person who contravenes or makes default in complying with any of the provisions of this Act or of the scheme, shall, if no .other penalty is 663/2006. 10 elsewhere provided by or under this Act, for such contravention or non compliance, be punishable with imprisonment for a term which may extend to two months or with fine which may extend to four hundred rupees, or with both. No court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act. No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made with the previous sanction of the Chief Executive Officer. Enhanced punishment for second or subsequent offence.—Whoever, having been convicted by a Court, of an offence punishable under this Act, again commits the same offence, shall be punishable, for every such :Sub51eh1t offence, with imprisonment for a term which may extend to one year, but, which shall not be less than two months or with fine which may extend to three thousand rupees: Provided that the Court may, for any adequate and special reason to be recorded in the judgment, impose sentence of imprisonment for a term of less than two months. Offences by coinpanies.—(1) Where an offence under this Act has been committed by a company, every person, who at the time of offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or commission of, or is attractable to, any neglect on the part of every officer of the company, such officer of the company shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purpose of this section,- (a) "Company" means any body corporate and includes a firm, a co-operative society or other association of individuals; 11 (b) "Officer of the Company" means the Managing Director, Director Secretary, Treasurer or Manager of the Company and includes, the office hearers of a firm, co-operative society or other association of individuals (c ) "Director" in relation to a firm means a partner of that firm. Power to recover damages—Where any person makes default in the payment of any contribution to the Fund under this Actor the scheme, the Board may recover from him damages not exceeding twenty-five percent of the amount of arrears, as it may think fit. Protection of acts done in good faith—No suit or other legal proceeding shall lie against any Directorof the Board or any other person in respect of anything which is in good faith done or intended to be done under this Act or under the scheme. ( 22. Directions by Government.—(l) The Government may, after consultation with the Board, give to the Board, general directions to be followed by the Board. (2) In the exercise of the power and performance of its duties under this Act, the Board shall not depart from any general directions issued under sub- section (1), except with the previous permission of the Government. Power to order inquiry.—) The Government may, at any time, appoint an officer not below the rank of a Joint Secretary to the Government to enquire into the working of the Board and to submit a report to the Government. (2) The Board shall give the person so appointed, all facilities for the proper conduct of the enquiry and furnish to him such documents, accounts and information in the possession of the Board, as he may require. Power to supersede Board—(I) If, on consideration of the report under section 26 or the enquiry report under section 23 or other wise, the Government are of opinion that the Boardhas persistently made default in the performance of the duties imposed on it by or under the provisions of this Act or the scheme or has exceeded or abused its powers, the Government may, by notification in the Gazette, supersede the Board for such period not exceeding six months as may be specified in the notification: Provided that, before issuing a nptification under this sub-section, the Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Board. 12 (2) Upon the publication of a notification under sub-section (1),- all the Directors of the Board shall, as from the date such publication, be deemed to have vacated their offices as such Directors; and all the powers and duties which may be exercised or performed by the Board shall, during the period of super session, be exercised or performed by such officer or officers, as may be specified in the notification; and (c ) all funds and other properties vested in the Board shall, during the period of super session, vest in the Government. (3) On the expiration of the period of super session specified in the notification issued under sub-section (1), the Government shall reconstitute the Board in the manner provided under section 6. 25. Audit of accounts of the Board and appointment and remuneration of Auditors.—(1) The Government shall appoint auditors to audit the accounts of the Board. The Board shall pay to the said auditors, such remuneration as the Government may direct. The accounts of the Board shall be examined and audited once in every year by such auditors. 26. Annual report and audited statement of accounts.—(I) The annual report of the Board shall be prepared by the Chief Executive Officer, under the direction of the Board, and after approval by the Board, a copy of the report together with the audited statement of accounts shall be submitted to the Government before the end of July every year. (2) The Government shall, as soon as the annual report is received, together with the audited statement of accounts, to be laid on the table of the Legislative Assembly. 27. Bar of jurisdiction of Civil Court.—No Civil Court shall have jurisdiction to settle, decide, or deal with any question or to determine any matter which is by or under this Act or the scheme required to be settled, decided or dealt with or to be determined by the Government or the Board or the Labour Commissioner or any other officer authorized by the Labour Commissioner or the Chief Executive Officer or any officer authorized bythe Board. 191 Special provisions for transfer of accumulations from existing Welfare Funds.—The sums standing to the credit of a member many existing welfare fund on the date of commencement of this Act shall stand transferred to and credited to the fund established under this Act and the liability of such member to pay contribution to such welfare fund shall cease from such date. Removal of difficulties.—(1) Where any difficulty arises in giving effect to the provisions of this Act, the Government may, by notification in the Gazette, as occasion may require, do anything, which are considered necessary for them and not inconsistent with the provisions of this Act or the rules made there-under, for the purpose of removing the difficulty: Provided that no such order shall.be passed after the expiry of two years from the date of commencement of this Act. (2). Every order passed under sub-section (1) shall be placed before the Legislative Assembly. Power to make rules—(I) The Government, may by notification in the Gazette, make rules, either prospectively or retrospectively for the purpose of carrying into effect the provisions of this Act. (2) Every rule made under this Act shall be laid as soon as may be, after it is made, before the Legislative Assembly while it is in session for a total period of fOurteen days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule ( t. shall, thereafter have effect only in such modified form or be Of no effect, as the case may be; so however; that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Rebeal and savings.—(I) The Kerala Shops and Commercial Establishment Workers' Welfare Fund Otdinance 2006 (30 of 2006) is hereby repealed. . . (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under thisAct. . 14 Samnur.s MAIlERS FOR WHICH PROVISION MAY BE MADE IN THE SCHEME 1. Registration of workers coming under the preview of the Kerala Shops and Commercial Establishments Act. 1960 and self employed persons. 2 The time and manner in which contribution shall be made to the Fund by workers coming under the preview of the Kerala Shops and Commercial Establishments Act, 1960, and self employed persons and the amount of contribution to be paid under section 4 and the manner in which it may be recovered. The constitution of any committee for assisting the Board. The manner in which accounts shall be kept, the investment of moneys belonging to the Fund in accordance with any direction issued or conditions specified by the Government, the preparation of Budget, the audit of accounts and the submission of reports to the Government. The conditions under which withdrawals from the Fund may be permitted, any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture. 6 The form in which a member shall furnish particulars about himself and his family, whenever required. The nomination of a person to receive any family pension of a member on his death and cancellation or variation of such nomination. The registers and records to be maintained with respect to members and the returns to be furnished by the employers. The form or design of any identity card for the purpose of identifying any member of the Fund and for issue, custody and replacement thereof. The fees to be levied for any of the purposes specified in the Act. The further powers, if any, which may be exercised by the officers appointed under this Act. 15 12. The fund may be utilized for any matter of welfare of the workers coming under the purview of the Shops and Commercial Establishments Act, 1960 or self employed persons or their dependents. 13.. The manner in which the sums transferred under section 28 is to be credited to the Fund. The procedure for defraying the expenditure incurred in the administration of the Fund. The procedure for paying pension, family pension, grants or loans from the Fund. Any other matter which is to be provided for in the scheme or which may be necessary of proper for the purpose of implementing the scheme. STATEMENT OF Q3JECTS AND REASONS Government consider it necessary to enact a legislation to provide provisions to grant relief to, to promote the welfare of and to pay pension to the workers coming under the purview 7f the Kerala Shops and Commercial Establithments Act, 1960 and self employed persons and for matters incidental thereto. . Since the Legislative Assembly of the State of Kerala was not in session and circumstances existed for making urgent legislation to implement the above decision, the Governor of Kerala had promulgated the Kerala Shops and Commercial Establishments Workers' Welfare Fund Ordinance, 2005 which was published in the Kerala Gazette Extraordinary No. 2749 dated the . 21st day of December. 2005 as Ordinance No. 24 of 2005 dated 21st December, 2005. A Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in or passed by the 11th Kerala Legislative Assembly due to lack of time. 4 In order to retain the provisions of the said Ordinance, Kerala Shops and Commercial Establishments Workers' Welfare Fund Ordinance, 2006 (30 of 2006) was promulgated by the Governor on the 5th day of July, 2006 and the same was published in the Kerala Gazette Extraordinary No. 1124 dated the 5th July, 2006. 5. The Bill seeks to replace Ordinance No. 30 of 2006 by an Act of the State Legislature. 16 HNANCLAL MEMORANDUM As per Clause 4, the Bill, if enacted and brought into operation, an annual recurring expenditure of Rs. 4 Crores 80 Lakhs by way of Government share, for the workers coming under the purview of,the Kerala Shops and Commercial Establishments Act, 1960 at the rate of Rs. 5 per month, and a non-recurring expenditure of Rs.10 Laths for initial expenses are estimated to be met from the Consolidated Fund of the State. MEMORANDUM REGARDING DELEGATED LEGISLATION Sub-clause (3) of clause 1 of the Bill seeks to empower the Government to appoint the date of commencement of the Act, by notification in the Gazette. Sub-clause (I) of clause (3) of the Bill seeks to empower the Government to formulate, by Notification in the Gazette, a scheme to be called "the Kerala Shops and Commercial Establishments Workers' Welfare Fund Scheme" for the establishment of a Fund under the Act. Sub-clause (5) of clause 4 of the Bill seeks to empower the Government to revise, the rate of contribution fixed for the workers and employers, onS in every three years, if consider it necessary. Clause 5 of the Bill seeks to empower the Government, by notification in the Gazette, to add, to amend or to modify the scheme framed under this Act, either prospectively or retrospectively. Sub-clause (1) of clause 6 of the Bill seeks to empower the Government, by notification in the Gazette, to constitute a Board to be called "the Kerala Shops and Commercial Establishments Workers' Welfare Fund Scheme", with effect from such date as may be specified. Clause 7 & 8 empower the Government to supersede the Board, to appoint Officers to discharge the functions and perform the duties during the period of supersession and to reconstitute the Board on the expiry of such pericid, by notification in the Gazette. Clause 24 seeks to empower the Government to supersede the Board, to appoint officers to discharge the functions and perform the duties during the period of supersession and to reconstitute the Board on the expiry of such period, by notification in the Gazette. 17 Clause 30 of the Bill seeks to empower the Government, to frame Rules retrospectively or otherwise for the implementation of the Act. The matters mentioned above are either administrative or routine in nature or matters of procedure. Further, schemes or rules are subject to the scrutiny of the Legislative Assembly. The delegation of legislative power is, thus, of a normal character. P. K. GURUDASAN 40 (True Translation) V. K. Smekumar, Additional Law Secretary. a Kerala Gazette No. 36 dated 61h September 2005._ PARTfl 1... SECREFARIAT OF THE KERALA LEGISLATURE I NOTIFICATION' No. 362fLegn. i/2005/Leg. Dq:ed, Thiruwznanthapurwnc 6th Septembec 2005. The Icerala Shops and Commercial Establishments Workers Welfarç Fund Bill, 2005 together with the Statement of Objects and Reasons, the Financial Memorandum and the Memorandum regarding Delegated Legislation is - published, under Rule 69 of the Rules of Procedure and Conduct of Business in the Kerala Lgilative Assembly. Da. M. C. VAIS0N, • Secretary, Legislative Assembly. G. 1061/2005IDTP. I • 1 4. 2.' Eleventh Kerala Legislative Assembly • . Bill No. 277 - - [Translation in English of the '2005-ei C&tbQ ua D jq,3 my~,(IT a024cro, IDS, ng2O6 jr 6( rn3 6xmaw1w31 ae&wm1uJ1 mithS" published under the authority of the Governor.J. THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS WORKERS' • . WELFARE FJND BILL 2(05 , • BILL to provide for the 'constitution of a Fuhd to grant relief to, to promote the welfare of and to pay pe,nsion to workers and se/f employed pessons > comingt under the pip- view of the Kerala S/fops and Commercial • Es:qbhis/unents Act 1960. Preamb/e.–LWHtjRFSS it is expedient tq provide for the constitution of a Fund to"grant relief to, .to promot the welfare oland to pay pension to workers' and self employed pers"ons coming under Lhepurview of the Kerala Shops and. Commercial Establishments Act, 1960 and for certain other matters incideptal thereto; BE it enacted in the Fifty-sixth Year of the Republic of India as foliows:L_ Short title, then: and co;n!nencetnent—(j) This Act may be called the Kerala SWops and Commercial Establishments Workers' Welfare Fund -Act, 2005, (2) It extends to the whole of the State of Kerala. - - - -(3) It shall come -into force on such '-date as the Government may. by - notification in the Gazetie. appoint. Definitions—In this Act, unless the context otherwise requires.— "Board" means the Kerala Shops 'and Commercial Establishments Workers' Welfare Fund Board consjituted under section "Chief Executive-Officer" means the Chief Executive Officer appoinied underub-sectjon.(1) of section 9; - - 4 3 (C) 'Constitution" means the suni of money payable to tbe 'Fund under section'4 (d) "emØloyer" means any person who employs, directly or indirecJy, whether on behalf-of himself or for any other person, one or more workçrs to - do any work in institutions including liospiu4l, nursing home, dispensary and • commercial establishments comin' under the purview of the Kerala Shops and Commercial Establishments Act, 1960. (34 of 1960) , (e) "thmily" means ' huRband/wife, their minor children, unm rried daughters ; and • - I' father and mother who are dependent on the worker or self ' employed person coming under the purview of the, Kerala Shops and Commercial Establishments Act (fl "fund"'means the Kerala Shops and Conimerdal Establishments Workers' Welfar&Fund estahlished under section 3 - - (g) "Worker" means and employer doming under the puivFew of the. KeralaShops and Commercial Establishments Act, 1960, (34 of 1960) and includes a person employed in Establishments including hospitals, nursing homes. - dispensaids and who receives wage's from the employer directly or otherwise or through bontractor or.agents a self .ernployed 'persons and, any other person, çlclared by the Gbvernment from time to time, by notification in'the GazettP, for the purposes of this AcCto be a person coming under the purview of the Kerala Shopi and Commercial Establishnietits Mi: Provided ihat the ernployee& working in the establishmetts where any other- Welfare Fund of the Government of Kerala, the factories Act, 1948br the Plantation Labour' Act, 1951 are applicable and in establishments exempted by. tLe Government, froth the provisions of the Kerala Shops 'and Commercial. Establishments Act, 1960, shall not be included in this We!fare Fund;- - - (h) "membr" means a member of the Fund; - (i) - "person" includes a company. a firni, An association 6f individuals or a co-operative society registered or deemed to have been registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969); - .4 4 W' "salary" means the total amount of salary (inclusive of basic pay, dearness allowance and other allowances) received by a worker in a calendar month. - - . (k) "schedule" means the schedule to this,Act; (I) "scheme' means a scheme framed under section 3; "self employed person" means ii person who actually engages himself mainly in a work cothiug' under the purview of the Kerala Shops and Commercial Establishments Act, 1960 for the livelihood, without employing any workers, and which but, does not include a person who is a member of Vyapari Vyavasayi Welfare Fund or Ration Dealers Welfare FuId; "year" means a financial year commencing on the 1st day of April. 3, Kerala Shbps and Couunercial Establishment Workerv' Welfare Fund. 7- (1) The Government may, by notification in the Gazette, frame a scheme to be called "the Kerala Shops and Commercial Establishments Workers'-' Welfare Fund" scheme for the establishment of a Fund for the welfare of the workers coming undef this Act• and there shill be established, as soon as may be, after. the framing of the scheme, a Fund in accordance with the provisions ,of this Act and the scheme. (2) These shalt be credited to the fund,- the contributions under as per section 4; amounts borrowed by the Board under stion 10; damages realised under section 20; - (d) grants, loans or advances made by the Govemment of India or the State Government or any institution; . - (e) any donations from whatever source; (I)' any amount raised by 'the Board from any other sources to augment the resources of the Hoard; t fee levied undef the schQme; any other amount vhich under the pi'oviions of the scheme, shall be credited to th e'Fund.t (3) The Rind shall vest in, and be administered by the Board constituted under section - .5 (4). The Fund may be utilised for all or any of the following purposes - ' namely:- F for payment of pension to a member .vho is unable to work, for period of moje than two years due to periianent physical infirmity,.or has completed the ake of sixty years and had remitted contribution to the Fund for' not less than 10 years cOntinuously or for payment of family pension, on the death of a mthber who had rethitted contribution for not less than 15 -veors continuously; for provAding maternity benef$s 10 female meynber; whQ.had - contributed Co the Fund continuously.fora period of onèyear; coniing under -. purview of the Act and have deposited contribution continuously for not less than one year; .. . . (a) fort payment of financial assistance for meeting the expenses in connection with the marriage of daughter or in connection with the death of a dependant of a member who had contributed to the Fund continuously,'at least for a period of three years; (d) for providing medical facilitiesand educational benefits to mernb&s- who had contributed to the Fund continuously for a period of one year and the4r families subject to certain conditions as may be fixed by the Government in consultation with the Welfare Fund Board; (c). for the payment of asistance on the death of a member who has made contribution to the Fund continuously for a period of three years or more at the rate of Rs. 5000 for the initial three years and Rj. 1000 for every additional year, subject to an aggregate maximum of Rs. 20,000; Explanation .—For the purpose of computing pension, finalicial asistance on death etc.: to those who have contributed to the Fund continuously for a period of six mohths or more in a year shall be deemed to. havd continued as members for the remaining periodbf that.year. Periodsiess than six months shall be ignored. (5) Subject to the provisions of this Act, the scheme framed under sub-section (1) may pmvide for aWxr any of the matters specified in sub-sktion (4). -and the schedule. 4. Contribution to the Fu,td.—l) Every member shall contribute to the fund rupees ten per rnonth . . 6 Every'enlploYer shall contribute to the Fund rupeesitenper month, in respect of each .wo'rker employed by him. The Government shall contrbutc to the Fund by way of grant, an aountm of rupe&s Fie per month, on the imount of monthly contribution made ' by' eath member; . I k. • , (4) The amount of contribution to be remitted as such hall be deposited in a Co-operative Bank recoghised by the Board or Natiônalised Bank or any institutions decided by the Government: -. (5) The Government ma by notiftcationin the Gaze;tee revise the ràte of.contribution specified in sub-section (1),an (2) and the rate of grant specified • in txb'ection (3), once in every three' years taking into account the e*penses required for The implementation of the scheme; (6) Every notification under subsection4(5) shall he laid/as sc?on as may be, after it is isued, before the Legislative 'Assembly while it is in session for a - tótal period of fourteen days, which maybe comprised' in one scssjon or in two - successive sasions, and if, before' the expiry of the session in which it is so- laid -- or the session immediately following, the Legislative Assembly maLes any modification in the notifiéation -or decides that the notification should not be issued, the notification hall,'thereafter, have effect only insuch modified form or be.of no effeci, as the case may be; so however that any such mod!fication 'or • amendmen(shall be without prejtdic(td tjuf validity of any thing previsousl' done under that notification. 5. ModifIcation of 4/ic sc/,crne,—(l) The Government may. by notification I in the Gazette, amend or'ftodify'the scheme framed under this Act either prospec- tively or retrospectively. - -. - - - (2) Every notification under sub-section (5) shall be laid, as soon as'may be, aft'er it is i& ued, before' the Legislative Assembly while it,is in session for a - , total èriod o( f&jrteen,days, ''hich may be comprisedin one session or intwo ' successive sessidns, and if,' before the expiry of the session in which it is so laid - or the session immediately following, the Legislative Assembly makes any.modi- fiçation in the notification or decides that the notification should tot be issued, the notihcation shall, thereafter, have effect only in such mcdified form or be of no eff&et,- as the ease may be; so -however that any such modification or amend- - - ment shall be without prejudice to the validity of any thing previously done - - tinder that notificatibn, ' • - 7 t - - 6. onniunion'of Board.'--(1) The Government may, by notification in the Gazette. constitute with effect from such date as may be specified- therein, a Board to be called 'the ICerala Shops and Commercial Establishments Workers' Welfare Fuod Board" for the administration of the Fund and to Eupervise or cm'rv out th'e,activitjes financed from the 1und. • (2) The Board shall he a body corpo?ate by name aforesaid, ha.'ing perpetual Succession and a common seal and shall, by the said name, sue and be sited, (3)The Board shall conist of fifteen directors nominated by Government as hereinafter provided;- (i) five persons representing workersiand self employed persons; (ii)' five persons representing the Government. One of the Directors of the Board shall be appointed by the •' Government, to be its Chairman. - -I The Government shall publish in the Gazette, the names of the Chairman and the Directors of the Board. . . The Board shall administrate the Fund vest'ed in it, in such manner ras may be provided in the scheme. The Board may. with the previous approval of the G'ernment, delegate to the Chaithian or to any director or to the Chief Executive Officer or any 'other officer 'of the Board, such of its powers and functions under this Act - or flic . sicheme, as it may consider necessary for the efficient administration of the Fund, subject to such restrictions and conditions, if any, as it may direct. ' An amount upto seven percenthge of the contribution collected by the Bor4. every year or the amdunt fixed by the Government, from time td 'time, .miy be expended towards payment of salary of the Staff of the Board and other approved expenses. . . •• . S .7. Term of office oft/ic Dikectors.—(1) A Director ápointed under , sub-section (3) of section 6. shall hold office for a perigd of three years. a (2) Notwithstanding anything tontained in section .8 the Government may at any tithe, for reasons to be recorded in writing, 'remove from his office, • any D.irecrorof the Board and such removal shdll be made after giving him a reasonable oppc$rtunity of showing cause against such removal: Provided that it shall not be necessary to record in writing, the reasons, for removal or to give an bpportunity of showing cause against the proposed temoval, if Government are of the opinion that it is not'expedient in public interest, to record the reasons in writing or to give such opportunity. (3) Any fliréctor may resign his office by giving notice in writing to the Government bI4t, he shall continue in office till the resignation is accepted by- the Government. Removal of non-official Directors.—(l) The Government may, by notification in the Gazette, remove any non-official Director of the Board from his Office for the following reasons: if .he absents hiinself,without the permission of the Board, from three consecutive meetings of the Board: Provided, however, that such absence may be condoned by the Board before the publication of the notification in the Gazette; if, in the opinion of the Government, he is ineligible or has become incapable of acting as a Director or has so abused his positidn as a Director, as to reider l?is continuance as Director as such, detrimental to publio interest: Provided that, before rethoving a Director under this, sub-section, he shall be gi.ven a reasonable opportunity to showcause why he should not be removed. : - A non-official Director of the Board removed under dlause (a) of sub-section (1) shall be disqualified for re-appointment as a Director of the Board for a period of three yars from the date of his removal, unthss otherwise ordered by the Government. A non-official Director of the Boar& removed under clause (b) of sub-section (1) shall nobe eligible tor reappointment until he is declared by an order of the Government to be no longer ineligible. 9. Appointinentof Officers and Staff— (1) The Government may appoint a Chief Executive Officer and such number of other Officers and Staff as they consider necesary, to assist the Board in the discharge of its functions and duties ¶inder this Act. (2) Subject to the provisions of sub-section (3), the method of appointment,, salary and allowances, discipline and other conditions of service of the Chief Executive Officer and other Officers and Staff appointçd under sub- section (L) shall be such, as may be prescñbed by Government.