THE BOMBAY SHOPS & ESTABLISHMENTS ACT,

1948[11th January, 1948]

Presented ByUmesh Jadhav

CHAPTER I

IntroductionPRELIMINARY

• An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments.

• Whereas it is expedient to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments and for certain other purposes hereinafter specified.

• By repealing the old "Bombay Shops & Establishments Act, 1939", a new enactment known as "The Bombay Shops & Establishments Act, 1948" was brought into force from 11th January 1949

• Legislation to regulate conditions of work in shops and commercial establishments has been in force in the State of Maharashtra for nearly 57 year.

• The first Shop Act of the State was enacted in 1939.

• The present Shop Act of 1948 is an improved version of the 1939 Act.

• CLEANLINENESS• DISPOSAL OF WASTE AND EFFLUENTS• VENTILATION AND TEMP.• DUST AND FUME• LIGHTING• DRINKING WATER• LATRINES AND URINALS• SPITOONS

2. HEALTH AND SAFETY

3. Applicability & Coverage

 

• Establishment means any establishment to which the Act applies and any other such establishment to which the State Government may extend the provisions of the Act by notification 

• Employee means a person wholly or principally employed whether directly or through any agency, whether for wages or other considerations in connection with any establishment

• Member of the family of an employer means, the husband, wife, son, daughter, father, mother, brother or sister and is dependent on such employer

4. Forms and Formalities

•  • Form-A or Form-B (as the case may be) {Section 7(2)(a), Rule 5}•  • Before 15th December of the calendar year, i.e. 15 days before

the expiry date•  • The employer has to submit these forms to the authority notified

along with the old certificate of registration and the renewal fees for minimum one year’s renewal and maximum of three year’s renewal

•  • Form-E (Notice of Change) {Rule 8}•  • Within 15 days after the expiry of the quarter to which the

changes relate in respect of total number of employees qualifying for higher fees as prescribed in Schedule-II and in respect of other changes in the original statement furnished within 30 days after the change has taken place. (Quarter means quarter ending on 31st March, 30th June, 30th September and 31st December)

5. Registers

Visit Book • This shall be a bound book of size 7” x 6” containing

atleast 100 pages with every second page consecutively numbered, to be produced to the visiting Inspector on demand. The columns shall be:

•  • Name of the establishment or Employer• Locality• Registration Number• Date and• Time

• Form-A {Rule 5}•  • Register showing dates of Lime Washing etc•  • Form-H, Form-J {Rule 20(1)} (if opening & closing hours are ordinarily

uniform)• Register of Employment in a Shop or Commercial Establishment•  • Form-I {Rule 20(3)}, Form-K (if opening & closing hours are ordinarily

uniform)•  • Register of Employment in a Residential Hotel, Restaurant, Eating-

House, Theatre, or other places of public amusement or entertainment•  • Form-M {Rule 20(4)}•  • Register of Leave – This and all the above Registers have to be

maintained by the Employer

• Form 'A': This form is prescribed for registration of the Establishment under Bombay Shops & Establishment Act, 1948. Registration is made under Sec 7(1)(4) of the said act.

• Form 'B': This is prescribed for the periodical renewal of registration certificate say for one year or three at a time. Renewal is made under sec 7(2A) of the Bombay Shops and Establishment Act

• Form 'E': This form is prescribed for making any subsequent change in the information already submitted in form 'A'.

• The Registration Certificate is generally valid up to the end of the calendar year for which it is granted under Sec. 7(2A) it is required to get every Registration Certificate renewed for next calendar year fifteen days before the date of expiry of Registration Certificate in hand by submitting prescribed form 'B' along with prescribed renewal fees to the concerned Shop Inspector.

• As per Sec. 7(2B), the renewal of Registration Certificate can be made for 3 calendar years at a time at the option of the employer by paying requisite for that period. In such cases the Registration Certificate shall be valid upto the end of 3rd calendar year including and from the year to which it is granted or renewed as the case may be.

• If the renewal application is not made within the period prescribed but it is made within thirty days after the date of expiry of Registration Certificate or the renewed Registration Certificate as the case may be, then in such cases an additional fee as late fee equal to half of the fee payable for normal renewal of Registration Certificate is charged .

6. Compliance

• During the course of enforcement the inspectors have to visit various establishments and to detect breaches of the provisions of the Act and rules framed there under and to launch prosecutions on defaulters accordingly.

• The major breaches of the provisions of the Act consist of non-registration, non-renewal, opening of establishment before prescribed hours, closing of establishments later than prescribed hours, exceeding total hours, continuous work without rest interval, spread over, not granting privilege leave, keeping establishment open on weekly closed day, calling employees for work on their weekly offs, employing female employees after prescribed hours, employing child labour, not providing Identity Cards to certain class of employees, not paying wages as per rates prescribed under Minimum Wages Act. etc.

• The major of breaches of the provisions of rule are of the nature of procedural lapses. Viz. Not maintaining prescribed register of employment, leave register, visit book, lime washing register, not providing leave book to the employees or not making suitable entries therein, not producing requisite record register, notices for inspection on demand, not displaying name board in Marathi in Devnagari Script etc.

7. Maintenance of Registers

• Generally the following Registers/ records/ notices etc. are to be kept by the different categories Register of Employment

• Employers of Shop or Commercial Establishment ---- In prescribed form ‘H’ or ‘J’ as the case may be. Register of leave in form ‘M’ Leave Book in form ‘N’ Notice in form ‘L’ specifying the days of holidays.

• To maintain a Muster-Roll – Cum-Wage Register as laid down under Rule 27(1) of Maharashtra Minimum Wages Rules 1963.

• Notify to the Sr. Inspector (Shops & Establishments) at the beginning of the every calendar year regarding list of closed day of the respective year.

• The employer has to provide Identity Cards to the certain class of employees.

• The Employer has to apply for seeking permission to maintain computerized records

• The employer also has to obtain permission for ladies working beyond 8.30 p.m. under Sec 33 of the Act. (However as per the notification dated June 2002, Government has waived such conditions with respect to certain class of industries including CALL CENTRES.

 

ANNUAL LEAVE WITH WAGES

One day for every twenty days

Eligibility :

• 240 days in a calendar year – his/her service is from beginning of the calendar year;

• 2/3rd of the calendar year – his/her service begins in the middle of calendar year

• Issue of leave books

• Maintain registers

• Any discharge / dismissal – benefit shall be settled immediately.

OHC CONDITIONS

UPTO 50 WORKERS :

• Facilities as per the scale prescribed shall be provided and maintained

• A medical practitioner on retainership basis

• He will carryout pre employment and periodical medical examinations

• Minimum 5 first aid trained personnel shall be present

OHC CONDITIONS

FROM 50 TO 200 WORKERS :

• A separate room with 15 Sq.Mtr. Area with all the facilities as prescribed under rules

• Part time doctor who visit the OHC twice in a week and whose services are readily available in case of emergencies

• One qualified dresser cum compounder.

MORE THAN 200 WORKERS :

• One full time doctor up to 500 workers and one more for every 1000

• Equipped OHC of area 15 Sq.Mtr.

• One nurse, dresser cum compounder, sweeper cum wardboy.

Working Hours, Spread Over & Overtime of Adults

• Weekly hours not more than 48 - Sec: 51

• Daily hours, not more than 9 hours. - Sec: 54

• Intervals for rest at least ½ hour on working for 5 hours. - Sec: 55

• Spread over not more than 10½ hours. - Sec: 56

• Overlapping shifts prohibited. - Sec: 58

• Extra wages for overtime double than normal rate of wages - Sec:59

• Restrictions on employment of women before 6AM and beyond 7 PM. -

Sec: 60

WOMEN WORKERS

• Prohibits the employment of women from 7 pm to 6 am.

• Prohibits overtime work

• Act permits the Government to notify the factories to employ women workers up to 10pm with conditions

• Government has notified 15 categories of factories under 2 notifications;

CHILD LABOUR

• Bars the employment of persons below the age of 14

• Act permits the employment of child and adolescent to work in factories subject to condition of obtaining certificate of fitness from the certifying surgeon.

Child – more than 14 and less 15;

Adolescent – more than 15 and less than 18

• Working hour for child is four and half hour per day

• Double employment of child is prohibited

• Working hours for adolescent is as that of adult.

• Act bears employment of child and young persons on dangerous machines – power press, hydraulic, presses, milling machine, guillotine machine

• Act bars employment of child and adolescent on dangerous manufacturing processes

MAINTENANCE OF REGISTERS

• Muster roll

• Register of adult workers

• Register of leave with wages

• Inspection book

• Register of accident or dangerous occurrence

• Overtime exemption register

• Health register

DISPLAY OF NOTICES

• Notice of periods of work

• An abstract of the act and rules

• Cautionary notices

• Safety posters

• Name of the Inspector

• Name of the certifying surgeon

RETURNS TO BE SUBMITTED

• Annual return

• Half yearly return

• Accident return

8. OFFENCES & PENALTIES

PENALTY

• No minimum fine is fixed

• Maximum fine fixed is Rs.1,00,000/- or two years imprisonment or both.

• In case of fatal accident if the contraventions are noticed from Chapter IV - Rs. 25,000/- minimum

• In case of serious accident Rs. 5,000/-

• Any contraventions under chapter IVA – penal provisions are very stringent.

RIGHT PLANNING, TEAM WORK &

POSITIVE ATTITUDE