LexThe C.G. SHOPS & ESTABLISHMENTS ACT, 1958
Chhattisgarh · state statute
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C.G. SHOPS & ESTABLISHMENTS ACT, 1958
[Act No. 25 of 1958]
Received the assent of the President on the 20th September, 1958:
Assent f first published in the Madhya Pradesh Gazette
on the 3rd October, 1958
As amended subsequently b y the following g : -
1 . M . P . Act No . 1 9 of 1967; 3 . M . P . Act No . 2 3 of 1990, w . e . f . 5 - 11
- 1990; 2 . M . P . Act No . l0 of 1 982; 4 . M . P . Act No . l7of 1995, w . e . f . 1
- 8 - 1995.
An Act to provide for the regulation of conditions of work and
employment in shops, commercial establishments, residential hotels,
restaurants, eating houses, theatres, other places of public amusements o r
entertainment and other establishments.
Be it enacted by the Madhya Pradesh Legislature in the Ninth Year
of the Republic of India as follows: -
CHAPTER 1
PRELIMINARY
1 . Short title, extent, operation and application — (1) This Act
may be called the Madhya Pradesh Shops and Establishments Act, 1958 .
(2) It extends to the whole of Madhya Pradesh.
(3) It shall come into force on such date’ as the Government may, by
notification appoint in this behalf .
(4) This Act shall apply in the first instance to the local areas specified
in Schedule I . The State Government ma y, b y notification, direct that all or an
y of the pro visions of this Act shall apply to any other local area as may be
specified in the - notification on such date as ma y fixed therein and different
dates ma y be fixed for different provisions o f this Act and for different classes
of establishments .
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2 . Definitions — In t his Act unless there is anything repugnant in the
subject or context —
(1) “Apprentice” means a person who is employed, whether on
payment of wages or not, for the purpose o f being trained in an
y trade, craft, business o r employment in any establishment;
(2) “child” mea ns a person who is below fourteen years;
(3) “closed” mean s not open for the service of any customer, or
for any business of the establishment or for any work connected
with the establishment;
(4 ) “Commercial Establishment” mea ns an establishment which
carries on any business, trade or profession or any work in
connection with, or incidental or ancillary t o, an y business,
trade or profession and includes –
(a) a society registered or deemed to have been registered
under the Madhya Pradesh Societies Registration Act, 1
959 (1 of 1960)2, and a charitable or other trust, whether
registered or not which carries on whether f or gain or
not, any business, trade or profession or work in
connection with or incidental or ancillary to such
business, trade or profession;
(b) an establishment which carries on the business of
advertising, commission agency, forwarding or commercial agency or which is a clerical department of a factory or of any industrial or commercial undertaking;
(c) an insurance company, joint stock company, bank , broker’s office
and exchange;
but does not include a factory, shop , residential hotel, restaurant, eating -
house, theatre or other place of public amusement or entertainment;
(5) “ day ” means t he period of t went y - four h ours beginning at midnight:
Provided that in the case on an employee whose hours of work extend be
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yond midnight, day means the period of t went y four hours beginning
when such employment commence s irrespective of midnight;
(6) “ employee ” means a person wholly or principally employed, whether
directly or through any agency, and whether for wages or other
consideration, in or in connection with any establishment and include an
apprentice, but does not include a member of the employer’s family;
(7) “ employer ” means a person owning or having ultimate control over the
affairs of an establishment and includes the manager , agent or an y other
person acting in the general management or control of such establishment;
(8) “ establishment ” means a shop, commercial establishment, residential
hotel, restaurant, eating - ho use, theatre, or other place of public
amusement or entertainment to which this Act applies and includes such other . establishment o f like nature as the
Government may, by notification declare to be an establish me nt
for the purposes of this Act;
(9) “ factory ” means an y premises which is a factory within the meaning of clause ( m) of section 2 of the Factories Act, 194 8 (63 of
1948) or which is deemed to be a factor y under section 85 of the said Act;
(10) "goods" includes all materials, commodities and articles;
(11) "holiday" means a day on which an establishment shall remain closed or
on which an employee shall be given a holiday under the provisions of this
Act;
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(12) " Inspector " means an Ins pector appoint ed or deemed to be appointed under the Act,
whether by name or by virtue of office;
(13) "Labour Commissioner" means the person appointed as such by the Go vern ment and
includes, for the purpose of such provision of the Act, and for such areas as the
Government may direct, an officer not below the tank of an Assistant Labour
Commissioner;
(14) "leave" means leave as provided for in Chapter VII of this Act;
(15) "Local Authority" means a municipal corporation or municipality constituted under any
enactment in force for the time being;
(16) "manager" means a person declared to be a manager under section 6;
(17) "member of the family of an employer" means the husband , wife, son , daughter, father, mother, brother or sister of an employer who lives with and
is depen dant on such employer;
(18) "opened" means opened for the service of any customer or for any business of the
establishment or for any work connected with the establishment;
Explanation - An establishment in the premises of which people are present shall be
resumed to be opened unless contrary is proved;
(19 ) "period of w ork" means the time during which an employee is at the disposal of the
employer;
(20) "register of establishment" means a register maintained for the registration of
establishment under this Act;
(21) "registration certificate" means a certificate showing the registration of an
establishment;
(22) "residential hotel" means any premises in which a bonafide business is carried on of
supplying for payment, lodging or board and lodging to travellers and other members or
class of members of the public and includes a residential club;
(23) "restaurant or eating - house" means any premises in which is carried on wholly or
principally the business of the supply of meals or refreshments to the public or a class of
the public for consumption on the premises, and includes a Halwai 's shop; but does not
include a restaurant or a canteen attached to a factory if the persons employed therein are
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allowed the benefits provided for workers under the Factories Act, 1948 (63 o f 1948);
(24) “shop” means any premises where goods are sold, either by retail or wholesale or both or
where services are rendered to customers, and includes an office, a store room, go down,
warehouse or workplace whether in the same premises or otherwise used in connection with
such trade or business but does includes factory, a commercial establishment, residential hot el,
restaurant, eating - house, theatre, or other place of public amusement or entertainment or a
shop attached to a factory where the persons employed in the shop are allowed the benefits
provided for workers under the Factories Act, 1948 (63 o f 1948);
(25) “spread-over” means the period between the commencement and the termination
of the work of an employee on any day;
(26) “theatre” includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by mea ns of a cinematograph or other suitable apparatus or for a dramatic performance or for any other public a muse mentor entertainment;
(27) “wages” means wages as defined in the Payment of Wages Act , 1936 (4 of
1936);
(28) “week” means the period of seven days beginning at midnight of Saturday;
(29) “year” means a year commencing on the first day of April; and
(30) “young person” means a person who is not child and has not completed his
seventeenth year .
3. Act not applicable to certain persons and establishment — (1) Nothing in this Act
shall apply to –
(a) persons occupying positions of management and declared as such under clause (a)
of sub-section (2) of section 6 or employed in a confidential capacity not exceeding
ten percent of the total number of the employees in the establishment or three in
number, whichever is less;
(b) persons whose work is inherently intermittent such as traveler, canvasser , a watch
man or a caretaker;
(c) persons exclusively engaged in preparatory or complementary work, such as
clearing or forwarding clerks, responsible for the dispatch of goods by rail or other
means of communication and for customs formalities or messengers;
(d) persons exclusively employed in the collection, delivery or conveyance of goods;
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(e) offices of Union or State Government or of local authorities and of the Reserve
Bank of India, the State Bank of India and the Life Insurance Corporation ;
(f) establishment for the treatment or the care of the sick, in firm, destitute or
mentally unfit;
(g) bazars, fairs or exhibitions for the sale of works for charitable or other purposes
from which no profit is derived;
(h) stalls and refreshment rooms at railway stations, or railway dining cars;
(i) ……..
(j ) clubs not being residential clubs; and
(k) any other class of establishments or class of persons which the Government may, by
notification, exempt from the operation of this Act:
Provided that if in the opinion of the State Government the circumstances existing in
any particular class of cases hereinbefore mentioned requires that all or any of the pro visions of
this Act should be extended thereto, the State Government may, by notification extend to such
class of cases all or any of the provisions of this Act and thereupon such pro visions shall apply
to such class of cases.
(2) The Government my, by notification, direct that any or all of the provisions of this
Act shall, subject to such terms and conditions as may be specified in such direction not apply to
such classes of establishment or class of persons as may be specified therein .
4. Application of Act to other establishments and persons -- (1) Notwithstanding
anything contained in this Act the Government may, by notification, declare any establishment
or class of establishments to which or any person or class of persons to whom this Act or any of
the provisions thereof does not for the time being apply, to be an establishment or class of
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establishment or a person or class of person to which or whom this Act or any provision thereof
shall apply from such date as may be specified in the notification .
(2) On such declaration under sub-section (1), any such establishment or class of
establishments or such person or class of persons shall be deemed to be an establishment or class
of establishments to which or to be an employee or class of employees to whom this Act applies
and all or any of the provisions of this Act shall apply to such establishment or class of
establishments or to such employee or class of employees.
5. Suspension of all or any of the provisions of this Act — The Government may
suspend by order notified in the Gazette, the operation of all or any of the provisions of this Act
for such period and subject to such conditions as it deems fit on account of any festivals or other
special occasions,
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CHAPTER II
REGISTRATION OF ESTABLISHMENTS
6. Registration of establishments -- (1) Every establishment to which
this Act applies shall be registered in accordance with the provision of this
section.
(2) Within thirty days from the date on which this Act applies to an
establishment, its employer shall send to the Inspector of the area concerned a
statement, in the prescribed form, together with such fees, as may be prescribed,
containing –
(a) the name of the employer, the manager and the person holding
positions of management, if any;
(b) the postal address of and the date of starting the business by the
establishment;
(c) the name, if any, of the establishment;
(d) the category of the establishment, i.e. whether it is a shop,
commercial establishment, residential hotel, restaurant, eating -
house, theatre, or other place of public amusement or
entertainment; and
(e) such other particulars, as may be prescribed.
(3) On receipt of the statement and the fees, the Inspector shall, on
being satisfied about the correctness of the statement, register the establishment
in the register of establishment in such manner as may be prescribed and shall
issue in the prescribed form, a registration certificate to the employer. The
registration certificate shall be prominently displayed at the establishment.
(4) In the event of any doubt or difference of opinion between an
employer and the Inspector as to the category to which an establish men should
belong the Inspector shall refer the matter to the Labour Commissioner who
shall, after such inquiry as he thinks proper, decide the category of such
establishment and his decision shall be final for the purposes of this Act.
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(5) The Government may, by notification, require renewal of
registration certificate issued under this sect ion at such intervals not being less
than five years and on payment of such fee as may be prescribed.
(6) The registration fee and the renewal fee shall not exceed ‘[two
hundred and fifty rupees] per establishment.
7. Change to be communicated to Inspect or -- It shall be the duty of
an employer to notify to the Inspector, in the prescribed form, any change in
respect of any information contained in his statement under section 6 within
seven days after the change has taken place. The Inspector shall, on receiving
such notice and on being satisfied about its correctness, make the change in the
register of the establishment in accordance with such notice and shall amend the
registration certificate or issue a fresh registration certificate, if necessary.
8. Closing of establishment to be communicated to Inspector -- The
employer shall, within ten days of his closing the establishment, notify to the
Inspector in writing accordingly. The Inspector shall, on receiving the
information and being satisfied about its correctness, remove such establishment
from the register of establishments and cancel the registration certificate.
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CHAPTER III
SHOPS AND COMMERCIAL ESTABLISHMENTS
9. Opening and closing hours -- (1) No shop or
commercial establishment shall on any day : -
(a) be opened earlier than such hour as may be fixed by the Government by a general or special order in this behalf;
(b) be kept open later than such hour as may be fixed by the Government by general or special order in this behalf:
Provide that any custom; who was being served or was waiting to be
served at the closing hour so fixed in any shop may be served in such shop
during half hour immediately following such hour.
(2) The Government may fix different opening or closing hours for
different classes of shops and commercial establishments or for different area or
for different periods of the year.
10. Haw king prohibited before opening and after closing hours of
shops - (1) No person shall carry on in or adjacent to a street or a public place
the sale of any goods before the opening and after the closing hours fixed under
section 9 for the shops dealing in the same class of goods in the locality in
which such street or public place is situate:
Provided that nothing in this section shall apply to the sale of news
papers.
(2) Any person contravening the provisions of sub-section (1) shall be
liable to have his goods seized by an Inspector.
(3) The goods seized under sub-section (2) shall be returned to the
persons from whom they were seized on his depositing rupees ‘[fifty] as
security for his appearance in the Court.
(4) If the person fails to make the de posit, the goods seized shall be
produced without delay before a Court, who may give such directions as to their
temporary custody, as it thinks fit.
(5) Where no prosecution is instituted for contravention of the
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provisions of sub-sect ion (1) within such period as the Court may fix in this
behalf the Court shall direct their return to the person from who m the y were
seized .
(6) Subject to the provisions of the preceding sub-section, the
provisions of Code of Criminal Procedure, 1898 (No. V 189 8)2 shall so far as
they may be applicable, apply to the disposal of the goods seized under this
Section.
11. Hours of work in shops and commercial establishments — (1)
(a) No employee in any shop or commercial establishment shall be required or
allowed to work for more than 48 hours in a week.
(b) Subject to clause (a) no employee shall be required to work —
(i) in any shop, for more than nine hours on any day;
(ii) in any commercial establishment, for more than ten hours
on any day.
(2) Any employee may be required or allowed to work in a shop or
commercial establishment for any period in excess of the limit fixed under
subsection (1) if such period does not exceed six hours in any week.
(3) On not more than six days in a year, which the Government may fix
by rules made in this behalf, for purposes of making of accounts, stock - taking,
settlements or other prescribed occasions, any employee may be required or
allowed to work in a shop or commercial establishment in excess of the period
fixed under sub - section (1) if such excess period does not exceed twenty four
hours.
12. Spread - over in shops and commercial establishments -- The
spread -over of an employee in a shop or commercial establishment shall not
exceed twelve hours on a day:
Provided that in cases where any shop or commercial establishment is
on any day entirely closed for a continuous period of not less than three hours,
the spread over shall not exceed thirteen hours on that day:
Provided also that where an employee works on any day in accordance
with the provisions of sub-section (2) of Section 11, the spread - over shall not
exceed fourteen hours on any such day and where he works on any day in
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accordance with the provisions of sub-section (3) of the said section, the spread
over shall not exceed sixteen hours, on any such day:
Provided further that the Government may increase the spread-over
period subject to such conditions as it may think fit either generally in the case
of commercial establishments or in the case of a class of commercial
establishments .
13 .Holidays in a week in shops and commercial
establishments -- (1) Every shop and commercial establishment shall remain closed on one day of
the week. The employer shall fix such day at the beginning of the year, notify it
to the Inspector and specify it in a notice prominently displayed in a
conspicuous place in the shop or commercial establishment. The employer shall
not alter such day more often than once in three months shall notify the
alteration to the Inspector and make the necessary change in the notice in the
shop or commercial establishment.
Provided that where any shop or commercial establishment comes after
the beginning of any year within the purview of this Act, for the first time the
employer shall also fix such day of the week on which the shop or commercial
establishment shall remain closed and notify it to the Inspector within one
month of the date on which the shop or establishment so comes within the
purview of this Act.
(2) If any day notified as a holiday under sub -section (1) happens to be
a day of public festival, the employer may keep the shop or commercial
establishment open on such day but in that even the shall keep the shop or
commercial establishment closed on some other day within three days before or
after the date of such public festival and give notice of the change to the
inspector at least seven clear days before the day of such public festival.
(3) It shall not be lawful for an employer to call an employee at, or for
any employee to go to, his shop or commercial establishment or any other place
for any work in connection with the business of his shop or commercial
establishment on a day on which such shop or commercial establishment remain
closed.
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(3A) Not withstanding anything contained in sub-section (1), the State
Govern mentor any officer authorised by it in this behalf may, if it or he thinks
fit so to do in public interest, by notification, fix any day of the week to be the
closed day in respect of all or any class of shops or commercial establishments
in any or all the local area or part thereof, and the closed day so fixed shall be
deemed to have been fixed under sub-section (1):
Provided that the employer shall have no right to alter the closed day so
fixed.
(4) No deduction shall made from the wages of any employee in a shop
or commercial establishment on account of any day on which it has remained
closed under this section. If any employee is employed on daily wages he shall
nonetheless be paid wages for the weekly holiday equal to the average of daily
wages earned by him during the preceding six working days. If any employee is
paid a piece rate wage, he shall nonetheless be paid his wage for the day on which the shop or commercial establishment remain closed at a rate equivalent
to the daily average of his wages for the days on which he has actually worked
during the six days preceding such closed day, exclusive of any earning in
respect of overtime:
Provided that nothing in this sub - section shall apply to any person
whose total period of continuous employment is less than six days .
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CHAPTER IV
RESIDENTIAL HOTELS, RESTAURANTS AND
EATING-HOUSES
14 . Opening and closing hours of restaurants and eating
houses -- (1) Notwithstanding anything contained in any other enactment for the time
being in force, no restaurants or eating - ho uses shall on any day be opened
earlier than 5 a.m. and be kept open later than 1 - 30 a .m. for service :
Provided that an employee in such restaurant or eating - house may be
required to commence work not earlier than 4 -30 a.m. and shall not be required
to work later than 2 a. m. :
Provided also that any customer who was being serve d or waiting to
be served at the closing hour of such restaurant or eating -ho use ma y be served
in such restaurant or eating-house during the half-hour immediately following
such hour .
(2) Subject to the provisions of sub - section (1), the Government may
fix later opening or earlier closing hours for different restaurants or eating -
houses or for different areas or for different periods of the year .
(3) Notwithstanding, anything contained in this section or any other
enactment for the time being in force, the Government may, by notification fix
for specific periods in a year on festive or special occasions such opening and
closing hours for different restaurants or eating - houses or for different areas, as
it thinks proper .
15 . Restrictions on selling of goods -- Before and after the hours
fixed for the opening and closing of shops under section 9, no goods of the kind
sold in such shops shall be sold in any restaurants or eating-house except for
consumption on premises .
16 . Hours of work in residential hotels, restaurants and eating -
houses — (I) No employee in any residential hotel, restaurant or eating - house
shall be required or allowed to work for more than 48 hours in a week and nine
hours in a day .
(2) Any employee may be required or allowed to work in a residential
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hotel, or restaurant or eating-house for an y period in excess of the limit fixed
under subsection (1) if such additional period does not exceed six hours in any
week.
(3) Notwithstanding anything contained in sub-section (1) and (2) an
employee may be required or allowed to work in a residential hotel, restaurant
or eating-house on the day which may be notified under sub-section (3) of
section 14 in excess of the period fixed under sub-section (1) if such additional
period does not exceed three hours on any day.
17 . Spread - over — The spread -over of an employee in a residential
hotel, restaurant or eating - ho use shall not exceed fourteen - hours:
Provided that the Government may increase the spread -over period
subject to such conditions as it may impose on the days that ma y be notified
under sub - section (3) of section 14 .
18 . Holidays in a week -- (1) Every employee in a residential hotel,
restaurant or eating - house shall be given at least one day in a week as a
holiday:
Provided that nothing in this sub -section s hall apply to an employee
whose total period of employment in an y week is less than six days .
(2) It shall not be lawful for an employer to call an employee at, or for
an employee to go to, his residential hotel, restaurant or eating - house or an y
other place for any work in connection with the business of his residential hotel,
restaurant or eating - house on a day on which such employee has a holiday .
(3) No deduction shall be made from the wages of any employee in a
residential hotel, restaurant or eating house on account of any holiday given to
hi m under sub - section (1) . If an y employee is employed on a daily wage, he
shall nonetheless be p aid wages for the weekly holiday equal to the average
of the daily wages earned by him during preceding six working days .
18A . Employers in residential hotel, etc . to furnish identity card
to employees — The employer shall furnish every employee in a residential
hotel, restaurant or eating house an identity card which shall be kept by the
employee when on duty and shall be produced on demand by an Inspector .
Such card shall contain the following and such other particulars as may be
prescribed, namely: -
(a) the name of the employer;
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(b) the name if any, an d the postal address, of the establishment;
(c) the name and age of the employee;
(d) the hours of work, the interval for rest, if any and the holiday of the
employee;
(e) the signature (with date) of the employer ;
(f) the identity mar k of an employee; and
(g) signature or thumb - impression of the employee .
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CHAPTER V
THEATRES OR OTHER PLACES OF PUBLIC
AMUSEMENT OR ENTERTAINMENT
19 . Closing hour of theatres or other places of public amusement or entertainment -- Not withstanding anything contained in for the
time being in force, no theatre or other place of entertainment
shall, on any day, be closed later than 1 AM.
any other enact public
amusement or 1 a.m.
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20 . Theatres or other places of public amusement or entertainment not to
sell goods of the kind sold in shops after the closing hour of shops -- After the hour fixed for the closing of shops under section 9, no goods of the kind sold in
shop shall be sold in any theatre or other place of public amusement or entertainment
except for consumption o n premises .
21 . Hours of work in theatres or other pl aces of public amusement or
entertainment -- (l) No employee in a theatre or other place of public amusement or
entertainment shall be required or allowed to work f or more than 48 hours in a wee k
and nine hours in a day .
(2) Any employee may be required or allowed to work in a theatre or other
place of public amusement or entertainment for a period in excess of the limit fixed under
sub - section (1) if such additional period does not exceed six hours in any week.
22 . Spread - over — The spread -over of a n employee in a theatre or other
place of public amusement or entertainment shall not exceed twelve hours on any day:
Pro vided that the Government may increase the spread -over period subject to
such condition as it ma y impose whether generally or in the case of a particular theatre
or other place of public amusement or entertainment .
23 . Holiday in a week — (1) Every employee in a theatre or other place of
public amusement or entertainment shall be given at least on e day in a wee k as a
holiday:
Provided that nothing in this sub -section s hall apply to an employee whose
total period of employment in an y week is less than six days .
(2) It shall not be lawful for an employer to call an employee at, or for an
employee to go to, his theatre or other place of public amusement or entertainment or any
other place for any work in connection with the business of his theatre or place of public amusement or entertainment on a day on which such
employee has a holiday.
(3) No deduction shall be made fro m the wages of an employee in a theatre or
other place of public amusement or entertainment on account of any holiday given to hi
m under sub - section (1) . If an y employee is employed o n a daily wage he shall
nonetheless be paid wages for the weekly holiday equal to the average of the daily wages
earned b y hi m during the preceding six working days .
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23A . The employer in a theatre etc . to furnish identity card to employee --
The employer shall furnish every employee in a theatre, or other places of public
amusement or entertainment an identity card which shall be kept b y the employee when
o n duty and s hall be produced on demand b y an Inspector . Such card shall contain the
following and such other particulars as ma y be prescribed, namely: -
(a) the name of the employer;
(b) the name if an y, an d the postal address, o f the establishment;
(c) the name and age of the employee;
(d) the hours of work, the interval of rest, if any an d the holiday o f the
employee;
(e) the signature (with date) of the employer ;
(f) the identity mar k o f an employee; and
(g) signature or thumb - impression of the employee .
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CHAPTER VI
EMPLOYMENT OF CHILDREN, YOUNG PERSONS
AND WOMEN
24 . No child to work in any establishment -- No child shall be required or
allowed to work whether as an employee or otherwise in an y establishment not
withstanding that such chi ld is a member of the family of the employer .
25 . Young persons and w omen to work between 7 a . m . to 9 p. m .
-- No young person or women s hall be required or allowed to work whether as an
employee or other wise in any establishment before 7 a . m. and after 9 p . m.
notwithstanding that such young person or women is a member of the family of the
employer .
25A . Daily hours of work for young person -- (1) Not withstanding anything
contained in this Act, no young per son shall be required or allowed to work whether as
an employee or otherwise, in an y establishment for more than five hours in any day.
(2) No young person, shall be required or allowed to work whet her as an
employee or other wise, in an y establishment for more than three hours in any day unless
he had an interval for rest of at least half an hour .
25B . Prohibition of employment of young persons and w omen in
dangerous work -- No young person or woman working in any establishment, whether
as an employee or otherwise, shall be required or allowed to perform such work as ma y
be declared b y the State Government, b y notification, to be work involving danger to
life, health or morals .
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CHAFFER VII
LEAVE WITH PAY AND PAYMENT OF WAGES
26 . Employee’s right f or casual and privilege leave -- (1) A person
employed in an establishment to which this Act applies shall be e n titled –
(a) after every 12 month’s continuous employment, to privilege leave for a
total period of o ne month; and
(b) in every year to casual leave for a total period not exceeding 14 days:
Provided that the leave under sub - clause (a) shall not at an y ti me accumulate
for a total period exceeding 3 months:
Provided further that holidays under sections 13, 1 8 or 2 3 falling during the
period of such leave shall be included in the leave so granted:
Provided further that casual leave shall not be combined with privilege leave .
(2) If any employee entitled to leave under sub - section (1) is discharged b y
his employer before he has been allowed leave or if, having applied for and been refused
the leave, he quits his employment before he has been allowed the leave, the employer
shall pay hi m the amount payable under section 27 in respect o f the leave .
(3) If any employee entitled to leave under sub -section (1) is refused the leave,
he ma y give intimation to the Inspector or any other officer authorised in this behalf by
the Government regarding such refusal. The Inspector shall enter such information in a
register kept in such form as may be prescribed .
Explanation — An employee shall be deemed to have completed a period of
twelve month’s continuo us service in an establishment notwithstanding any interruption
in the service during those twelve months brought about by sickness, accident or
authorised leave not exceeding ninety days in the aggregate for all three, or by a lockout
or b y a strike which is not an illegal strike, or b y intermittent periods of involuntary
unemployment not exceeding thirty days in the aggregate, and authorised leave shall be
deemed not include an y weekly holiday allowed under this Act which occurs at the
beginning or end of an interruption brought about b y the leave .
27 . Pay during leave -- Every employee shall be paid for the period of his
leave at a rate equivalent to the daily average of his wages for the days on
22
which he actually worked during the preceding three months, exclusive of any earnings in respect of
overtime .
28 . Payment w hen to be made -- An employee who had been allowed leave under section 2 6
shall before his leave begins, be paid half the total amount due to hi m for the period of such leave.
29 . Power of Inspector to act for worker -- Any Inspector may institute proceeding on behalf
of any employee in a n establishment to which this Act applies to recover any sum required to be paid
under this Chapter by an employer which the employer has not paid.
30 . Application and amendment of the Payment of Wages Act — (I) ‘[Notwithstanding
anything contained in the Payment of Wages Act 1936 (No . IV of 1936), (hereinafter referred to in this
section as the said Ac t,) the State Government may, by notification, direct that subject to the provisions of
subsection (2) all or any of the provisions of the said Act shall apply to all or any establishment or t o all or
an y class of employees to which or who m this Act for the time being applied.
(2) On the application of provisions o f the said Act to any establishment or to any employee
under sub -section (1), the Inspector, appointed under this Act, shall be deemed to be the Inspector for the
purposes of the enforcement of the pro visions of the said Act within the local limits of his jurisdiction.
23
CHAPTER VIII
HEALTH AND SAFETY
31 . Cleanliness — The premises of e very establishment shall be kept clean and free from
effluvia arising from any drain or privy or other nuisance and shall be cleaned a t such times and by such
methods as my be prescribed . These methods ma y include lime - washing, colour washing, painting,
varnishing, disinfecting and deodorizing
32. Ventilation -- The Premises of every establishment shall be ventilated in accordance with such standard
and by such methods as may be prescribed.
33. Precaution against f ire -- In every establishment except such establishment or class of
establishment, as ma y be prescribed , such precaution against fire shall be taken as ma y be prescribed .
24
CHAPTER IX
ENFORCEMENT AND INSPECTIO N
34. Powers and duties of local authorities — (I) Save as otherwise provide d in this Act, it
shall be the duty of every local authority who m the Government may by order empower in this behalf to
enforce within the area subject to its jurisdiction, the provisions of this Act, subject to the control of the
Government .
(2) The local authority empowered under sub -section (1) ma y b y order delegate an y of the
powers and functions (other than the powers of making bye - laws under section 35), exercisable or
performable b y it under this Act to any of its officers.
(3) An order empowering a local authority under sub - section (1) may at any time cancelled b
y the Government.
(4) To enable Government to exercise effective control over a local authority in the
performance of the duties entrusted to it under this Act, Government may authorise any officer, not below
the rank of a labour officer, to supervise the enforcement of this Act within the area subject to the
jurisdiction of the local authority and for this purpose such officer shall have all the power of an Inspector
under this chapter.
35 . Power to make bye - law s -- A local authority empowered under section 34 to enforce t he
pro visions of this Act ma y, with the previous sanction of the Government, make b ye - laws not
inconsistent with the provisions of the Act, or the rules or orders made b y the Government thereunder,
for the purpose of carrying out the pro visions of this Act.
36 . Submission of annual report, etc. -- It shall be the duty of ever y local authority
empowered under section 34 to submit within three months after the close of the year to the
government a report on the working of the Act within the local area under its jurisdiction during such year.
It s hall submit to the Government from time to time such annual or periodical returns as ma y be
prescribed.
37 . Delegation -- (1) The Government may, by order, direct that an y power other than the
power to make rules under section 59, or any duty which is conferred or imposed on the State Government,
b y this Act, shall in such circumstances and under such conditions, if any, as ma y be specified in that
direction be exercised or discharged b y an y officer or authority subordinate to it.
(2) Nothing in this Act shall derogate from the right of the Government to exercise any or all the
functions delegated to any local Authority or officer subordinate to it.
38 . Power of Government to provide for performance of duties on default by local authority
- (1) if and local authority makes default in the performance of any duty imposed by or under this Act, the
25
Government may appoint some person to perform it and may direct that the expense of perform it shall be
paid forthwith by the local authority.
(2) If the expense an d remuneration are not so paid , the Government may notwithstanding
anything contained in any law relating to t he municipal fund or local fund or any other law for the time
being in force, make an order directing the bank in which any moneys of the local authority are deposited
or the person in charge o f the local Government Treasury or of any other place of security in which the
moneys of the local authority are deposited , to pay such expense and remuneration from such moneys as
may be standing to the credit of the local authority in such ban k or may be in the hands of such person or
as may from time to time be received from or on behalf of the local authority by way of deposit by such
bank or person; and such bank or person s hall be bound to obey such order . Every payment made
pursuant to such order shall be sufficient discharge to such bank or person from all liability to the local
authority in respect of any s u m or sums so paid by it or him out of the moneys of the local authority so
deposited with such bank or person.
39 . Expenses of local authority to be paid out of its fund --Notwithstanding anything
contained in any enactment in regard to an y municipal or local fund, all expenses incurred by a
municipality or local authority under and f or the purposes of this Act, shall be paid out of the municipal or
local fund, as the case may be.
40. Appointment of Inspectors — (1) Ever y local authority empowered under section 34 shall
appoint a sufficient number of persons with the prescribed qualifications as Inspectors for the area subject
to its jurisdiction, as it ma y deem fit, for the purpose of carrying out the pro visions of this Act .
(2) The Government may, by notification, appoint such persons having the prescribed qualifications, as it
thinks fit, by name or virtue of office to be Inspector for the purposes of this Act within such local limits
and for such classes of establishments, as it may assign t o each such person .
41. Powers and duties of Inspectors — (I) Subject to any rules made by the Government in this
behalf, an Inspector may, within the local limits for which he is appointed —enter, at all reasonable times
and with such assistants, if any, being person in the service of the Government or of any local authority, as
he thinks fit, any place which is or which he has reasons to believe is an establishment;
(a) make such examination of the premises and of an y prescribed registers, records and
notices and take o n the spot or otherwise evidence of any persons, as he may deem
necessary, for carrying out the purposes of this Act; and
(b) exercise such other powers, as ma y be prescribed or may be necessary for carrying out
the purposes of this Act:
Provided that no one s hall be required under this section to answer any question or give any
evidence tending to criminate himself .
(2) For the purposes of investigation of offences under this Act, an Inspector shall have the same
powers as an officer -in - charge of a Police Station has under the Code of Criminal Procedure, 1898 (V of
1898)1 for investigation of the cognizable offences except that he shall not have the power of arrest .
42 . Inspectors t o be public servants — Ever y Inspector appointed under section 40 shall be
deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (X LV of
1860).
43. Employer to produce registers, records, etc . f or inspection -- Every employer shall
on demand produce for inspection of an Inspector all registers, records and notices required to be kept
under and for the purposes of this act.
26
CHAPTER X
OFFENCES AND PENALTIES
44. Contravention of certain provisions and offences -- (a) If any employer fails to send to the
Inspector of the area concerned a statement within the period specified in section 6 or to notify a change
within the period specified in section 7 or to notify the closing of his establishment under section 8; or
(b) If in any establishment there is any contravention of the pro vision of section 9, 13, 14 ,
1 5, 19, 20, 31, 32, or 33 or any orders made t hereunder; or
(c) If in any establishment an y person is required or allowed to work in contravention of
sections 11, 12, 16, 17 , 18 , 21, 22 , or 23; or
(d) If in an y establishment a child, young person or woman is required or allowed to work in
contravention of sections 24, 25A or 25 B; or
(e) If any employer contravenes the provisions of section 43, 54, 57 or 58; or
(f) If in any establishment there is any contravention of any section, rule or order for
which no specific punishment is provided in t his Act; the employer and the manager
shall, on conviction, each be punished with fine which shall not be less than 3[fifty rupees]
and which ma y ext end to 4[five hundred rupees .
Provided that if the contravention of the provisions of sub- section (2) and (5) of section 6 is
continued after the expiry of the tenth day after conviction, the employer shall on conviction be punished
with a further fine which ma y extend to fExcerpt shown. Open the full act in Lexace.