The Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019.

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Extra No.4
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EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol
. LX] THURSDAY, MARCH 7, 2019/PHALGUNA 16, 1940
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART IV
Acts of Gujarat Legislature and Ordinances promulgated and Regulations
made by the Governor.
The following Act of the Gujarat Legislature, having been assented to by
the Governor on the 6th March, 2019 is hereby published for general information.
K.M. LALA,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARA T ACT NO.4 OF 2019.
(First published, after having received the assent of the Governor, in the
"Gujarat Government Gazette", on the 7thMarch, 2019).
ANACT ,
to provide for regulation of conditions of employment and other conditions
of service of workers employed in shops and other establishments
and for matters connected therewith or incidental thereto.
It is hereby enacted in the Seventieth Year of the Republic of India
as follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Gujarat Shops and Establishments
(Regulation of Employment and Conditions of Service) Act, 2019.
(2) It extends to the whole of the State of Gujarat.
Short title,
extent,
application and
commencement.
IV-Ex.-4 4-1

4-
2 GUJARATGOVERNMENTGAZETTE,EX.,07-M-1019
(3) The provisions of this Act, except section 7, shall apply to the
shops and establishments employing ten or more workers; and the
provisions of section 7 shall apply to the shops and establishments
employing less than ten workers.
(4) It shall come into force on such date as the State Government
may, by notification in theOfficial Gazette, appoint.
Definitions. 2. In this Act, unless the context otherwise requires,-
(a)"day" means the period of twenty-four hours beginning at midnight;
(b) "employer" means a person owning or having controlover the affairs of
an establishment, and includes,-
(i) in the case of a firm or association of individuals, a partner or
member of the firm or association;
(ii) in the case of a company, a director of the company;
(iii) in the case of an establishment owned or controlled by the
Central Government or a State Government or any local
authority, the person or persons appointed to manage the
affairs of such establishment by the Central Government or
the State Government or the local authority, as the case may
be;
(c) "establishment" means an establishment which carries on, any business,
trade, manufacture or any journalistic or printing work, or business of
banking, insurance, stocks and shares, brokerage or exchange or profession
or any work in connection with, or incidental or ancillary to, any business,
trade or profession or manufacture; and includes, -
(i) establishment of any medical practitioner (including
hospital, dispensary, clinic, polyclinic, maternity home
and such others), architect, engineer, accountant, tax
consultant or any other technical or professional
consultant;
[I>ART IV

PART IV]
XXI of 1860.
LXIII of 1948.
LXIII of 1948.
Born. LIXof 1949.
Guj.34 of 1964.
Guj. 18 of 1993.
GUJARA T GOVERNMENT GAZETTE, EX., 07
-03-2019
(ii) a society registered under the Societies Registration Act,
1860, and a charitable or other trust, whether registered
or not, which carries on, whether for purposes of gain or
not, any business, trade or profession or work 10
connection with or incidental or ancillary thereto;
(iii) shop, residential hotel, restaurant, eating house, theatre or
other place of public amusement or entertainment; to
whom the provisions of the Factories Act, 1948 do not
apply;
(iv) such other establishment as the State Government may,
by notification in the Official Gazette, declare to be an
establishment for the purposes of this Act;
(d) "factory" means any premises and the precincts thereof which
is a factory within the meaning of clause (m) of section 2 and
section 85 of the Factories Act, 1948;
(e) "holiday" means a day on which a WOller shall be given a
weekly off under the provisions of this Act;
(t) "Inspector" means anInspector appointed under section 24;
(g) "leave" means a leave mentioned in Chapter IV of this Act;
(h) "local authority" means,-
(i) a Municipal Corporation constituted under the
Gujarat Provincial Municipal Corporations Act,
1949;
(ii) a Municipality constituted under the Gujarat
Municipalities Act, 1963;
(iii) a Panchayat constituted under the Gujarat
Panchayats Act, 1993;
(i) "member of the family of an employer" means the wife,
husband, son, daughter, father, mother, brother or sister of an
employer who lives with and is dependent on such employer;
4-3

4-4 GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019
U) "opened" means opened for the service of any customer, or for
any business of the establishment, or for work, by or with the
help of any worker of or connected with the establishment;
(k) "
prescribed" means prescribed by rules made under this Act;
(I) "register of establishments" means a register maintained for the
registration of shops and establishments under this Act, either
manually or in electronic format;
(m) "registration certificate" means a certificate of the registration
of a shop or establishment;
(n) "shift" means where work of the same kind is carried out by two
or more sets of workers working during different periods of the
day, each of such sets is called a group or relay and each of such
period is called a shift;
(0) "shop" means any premises where goods are sold, either by
retail or wholesale or where services are rendered to customers,
and includes an office, a store-room, godown, warehouse or
work place, whether in the same premises or otherwise, mainly
used in connection with such trade or business, but does not
include a factory;
(p) "spread-over" means the period between the commencement
and the termination of the work of a worker on any day;
(q) "wages" means all remuneration (whether by way of salary,
allowances or otherwise) expressed in terms of money or
capable of being so expressed which would, if the terms of
employment, expressed or implied, were fulfilled, be payable to
a person employed in respect of his employment or of work
done in such employment, and includes-
(i) any remuneration payable under any award or
settlement between the parties or under any order of a
court or tribunal;
[PART IV

PART IV] GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019
(ii) any remuneration to which the person employed is
entitled in respect of overtime work or holidays or any
leave period;
(iii) any additional remuneration payable under the terms
of employment;
(iv) any sum which, by reason of the termination of
employment of the person employed, is payable under
any law, contract or instrument which provides for the
payment of such sum, whether with or without
deductions;
(v) any sum to which the person employed is entitled
under any scheme framed under any law, for the time
being in force; and
(vi) house rent allowance payable in cash,
but does not include-
(a) any bonus, which does not form part of the
remuneration payable under the terms of employment or
which is not payable under any award or settlement
between the parties or under any order of a court;
(b) the value of any accommodation, or of the supply of
light, water, medical attendance or other amenity or of
any service excluded from the computation of wages by
a general or special order ofthe State Government;
(c) any contribution paid by the employer to any pension or
provident fund, and the interest which may have accrued
thereon;
(d) any travelling allowance or the value of any travelling
concession;
4-5

4-6
Act not to
apply to
certain
persons and
premises.
Application of
the Act to
other
establishments
and workers.
GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019 [PART IV
(r)
(e) any sum paid to the employed person to defray special
expenses entailed to him by the nature of his
employment; or
(f) any gratuity payable on the termination of employment
in cases other than those specified in sub-clause (iv);
"week" means the period of seven days beginning at midnight
of Saturday;
"worker" means any person including a person engaged
through an outsourcing agency (except an apprentice under the
Apprentices Act, 1961) employed to do any manual, unskilled, 52 of 1961.
skilled, technical, operational or clerical work for hire or
reward, whether the terms of employment be express or
implied.
(s)
3. (1) The provisions of this Act shall not apply to,-
(a) establishments ofthe Central orthe State Government;
(b) establishments of local authorities;
(c) offices of Reserve Bank of India;
(d) a worker whose work is inherently intermittent;
(e) a member of the family of an employer
.
(2) A list of the workers referred to in clauses (d) and (e) shall be
displayed at a conspicuous place in the shop or establishment and a copy
of thereof shall be sent to the Inspector.
4. (1) Notwithstanding anything contained in this Act, the State Government
may, by notification in the Official Gazette, declare any establishment or
class of establishments to which, or any worker or person or class of workers
or persons to whom, this Act or any of the provisions thereof does not for the
time being apply, to bean establishment or class of establishments or a worker
or a person or class of workers or persons to which or whom this Act or any
provisions thereof with such modifications or adaptations as may in the

PART IV] GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019
opinion of the State Government be necessary shall apply from such date
,as
may be specified in the notification.
(2) On such declaration under sub-section (I), any such establishment or
class of establishments or such worker or person or class of workers or
persons shall be deemed to be an establishment or class of establishments to
which, or to be a worker or a person or class of workers or persons to
whom, this Act applies and all or any of the provisions of this Act with
such modification or adaptation as may be specified in such declaration,
shall apply to such establishment or class of establishments or to such
worker or persons or class of workers or persons.
5. The State Government may, by notification in the Official Gazette,
suspend the operation of all or any of the provisions of this Act for such
period and subject to such conditions as it may deem fit on account of any
festive or other occasions.
CHAPTER II
REGISTRATION OF SHOPS AND ESTABLISHMENTS
6. (1) Within a period of sixty days from the date of commencement of
this Act or the date on which any shop or establishment commences its
business, the employer of every shop and establishment shall submit an
application in a prescribed form for registration to the concerned Inspector,
together with such fees and such self-declaration and self-certified
documents as may be prescribed:
Provided that, nothing contained hereinabove shall apply to the
Born. LXXIX
of 1948. shops and establishments already having valid registration under the
Gujarat Shops and Establishments Act, 1948 until the expiry of their
registration.
4-7
Suspension
of the
operation of
provisions
of the Act.
Registration of
shops or
establishments.

4
-8
Intimation by
establishment
having less
than ten
workers.
GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019 [PART IV
(2) On receipt of the application along with the documents and the fees, the
Inspector shall, register the shop or establishment in the register of
establishments in such manner as may be prescribed and shall issue, in a
prescribed form, a registration certificate to the employer within the
prescribed time limit. The registration certificate shall be produced
whenever it is demanded by the Inspector.
(3)A registration certificate issued under sub-section (2) shall remam m
force from the date of issue till the change in ownership or nature of
business takes place. In case of change in ownership or nature of business,
the employer of every establishment shall have to obtain the fresh
registration certificate.
7. (1) Within a period of sixty days from the date of the
commencement of this Act or the date on which establishment commences
its business, the employer of every establishment employing less than ten
workers shall give an intimation of having commenced the business to the
Inspector in whose jurisdiction the establishment is located, by submitting
online application in the prescribed form together with such self-declaration
and self-certified documents, as may be prescribed, containing details such
as name of the employer and manager, name of the establishment, nature of
business, number of workers and such other details as may be prescribed.
The Inspector shall issue to the employer of such establishment, a receipt of
intimation in such form and manner as may be prescribed. The details of the
intimation receipt shall be recorded online in a register maintained in such
form as may be prescribed:
Provided thatif at any point of time the number of workers engaged
in the establishment become ten or more, then all provisions of this Act
shall apply to such establishment and the employer of such establishment
shall have to obtain registration as per the provisions of section 6.
Provided that, nothing contained hereinabove shall apply to the
shops and establishments already having valid registration under the Gujarat Born. LXXIX
of 1948.
Shops and Establishments Act, 1948 until the expiry of their registration.

PART IV] GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019
(2) The employer of such establishment employing less than ten workers
shall inform, in such form and manner as may be prescribed
, the Inspector
within thirty days from the date of the closing of the business that such
establishment has been closed for business. The Inspector on receiving the
information shall remove the entry of such establishment from the register
of establishments.
8. At any time, if it is found or brought to the notice of the Inspector
that the registration of any shop or establishment has been obtained by
misrepresentation or suppression of material facts or by submitting false or
forged documents or false declaration or by fraud, the Inspector shall, after
giving an opportunity of being heard to the employer of the shop or
establishment, cancel the registration and remove such shop or
establishment from the register of establishments in the manner as may be
prescribed.
9. It shall be the duty of every employer to inform to the Inspector, in
the prescribed form, any change in any of the particulars contained in the
application submitted under section 6within such period, after the change
has taken place, as the State Government may prescribe. The Inspector
shall, on receiving such notice and the prescribed fees along with the self-
declaration of the applicant and self-certified documents as may be
prescribed, make the change in the register of establishments in accordance
with such notice and shall issue a fresh registration certificate.
10. The employer shall inform, in such form and in such manner, as
may be prescribed, to the Inspector within thirty days from the date of
closing of the business that the shop or establishment has been closed for
business. The Inspector on receiving the information and on being satisfied
about its correctness shall remove the entry of such shop or establishment
from the register of establishments and cancel the registration certificate:
4-9
Cancellation
of registration
of shop or
establishment.
Notice of
change in
particulars.
Notice for
closure of
business.

4-10 GUJARAT GOVERNMENT GAZETIE, EX., 07-03-2019
Provided that, if the Inspector does not receive the information but
he is otherwise satisfied that any shop or establishment has been closed, he
may remove the entry of such shop or establishment from the register of
establishments and cancel such certificate.
CHAPTER III
DUTIES OF EMPLOYER
Health
and safety
of worker.
11. (1) Every employer shall take such measures relating to the health
and safety of the worker including cleanliness, lighting, ventilation and
prevention of fire as may be prescribed.
(2) Every employer shall be responsible for providing constant adequate
supervision of the worker employed in the shop or establishment and to
ensure the compliance with the rules relating to health and safety made
under sub-section (1) and for taking steps necessary to prevent accidents.
Fixing of 12. Subject to the other provisions of this Act, no worker shall be
hours of
work. required or allowed to work in any shop or establishment for more than nine
hours in any day and forty-eight hours in a week
. No worker shall be
compelled to work continuously for more than five hours unless he has been
given a break of not less than half an hour:
Provided that, the working hours or weekly holiday may be relaxed
In case of work of urgent nature with the previous permission of the
Inspector.
Prohibition of 13. (1) No woman worker shall be discriminated In the matter of
discrimination
of women. recruitment, training, transfer or promotion or wages.
(2) .No woman worker shall be required or allowed to work In any
establishment except between the hours of 6 a.m. and 9 p.m.:
Provided that, where the Inspector or any person, authorized by it in
this behalf, is satisfied that the provisions of shelter, rest room, night
creche, ladies toilet, adequate protection of dignity, honour and safety,
protection from sexual harassment, and their transportation from the shop or
[PART IV

PART IV] GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019 4-11
establishment to the door step of their residence exists in such shop or
establishment
, it may, by order, after obtaining the consent of the woman
worker, allow her to work between 9 p.m. to 6 a.m. subject to such
conditions as may be specified in the order.
14. The spread-over of a worker in any shop or establishment shall not Spread-over
d d h If h . d d . k d . h of hours ofexcee ten an a ours III any ay, an III case a wor er entruste Wit kwor.
intermittent nature of work or urgent work, the spread-over shall not exceed
twelve hours.
15. Where a worker is required to work in a shop or establishment
beyond nine hours a day or forty-eight hours a week, he shall be entitled, in
respect of the overtime work, wages at the rate of twice his ordinary rate of
wages. The total number of overtime hours shall not exceed one hundred
and twenty-five hours in a period of three months.
Payment of
wages for
overtime.
16. (1) A department or any section of a department of the shop or Shift
bli h k . h hift h d· . f h working andesta IS ment may wor III more t an one s 1 s at t e iscretion 0 t e tres.
employer and if more than one shifts are worked, the worker may be
required to work in any shift at the discretion of the employer.
(2) A shop or establishment may work on all days in a week subject to the
condition that every worker shall be allowed weekly holiday of at least
twenty- four consecutive hours of rest.
(3) If a worker is denied weekly holiday, the compensatory leave in lieu
thereof shall be given within two months of such weekly holiday.
(4) The period and hours of work in a week for all classes of workers in
such shift shall be informed to all workers in writing and shall be sent to the
Inspector electronically or otherwise.
(5) Where a worker is required to work on a day of his rest, he shall be
entitled to wages at the rate of twice his ordinary rate of wages.

4-12
Furnishing
identity card to
worker.
Annual leave,
casual and sick
leave and other
holidays.
GUJARAT GOVERNMENT GAZETTE, EX
., 07-03-2019
17. The employer of a shop or an establishment shall furnish to every
worker an identity card which shall be produced by the worker on demand
by Inspector. Such card shall contain particulars as may be prescribed.
CHAPTER IV
LEAVE WITH PAY AND PAYMENT OF WAGES
18. (1) Every worker shall be allowed a weekly holiday with wages:
Provided that the State Government may, by notification in the
Official Gazette, fix different days as weekly holiday for different classes of
shops and establishments or areas.
(2) Every worker shall be entitled to seven days casual leave with wages in
every calendar year which shall be credited into the account of the worker
in the beginning of the calendar year, but it shall lapse if the casual leave
remains un-availed at the end of the year.
(3) Every worker shall be entitled to seven days leave on medical grounds
with wages in every calendar year which shall be credited into the account
of the worker in the beginning of the calendar year, but shall lapse if
un-availed at the end of the year.
(4) Every worker who has worked for a period of two hundred and forty
days or more in a shop or establishment during a calendar year shall be
allowed during the subsequent calendar year, leave with wages for a
number of days calculated at the rate of one day for every twenty days of
work performed by him during the previous calendar year.
(5) Every worker shall be permitted to accumulate earned leave up to a
maximum of sixty-three days.
(6) Where the employer refuses to sanction the leave which is due under
sub-section (4) when applied fifteen days in advance, then the worker shall
have a right to encash leave in excess of sixty-three days:
Provided that, if a worker is entitled to leave other than causal and
festival leave under this section, is discharged by his employer before he has
[PART IV

PART IV]
20 of 1946.
530f1961
.
GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019
been allowed the leave, or if, having applied for and having been refused
the leave, he quits his employment on account of retirement, resignation,
death or permanent disability, the employer shall pay him full wages for the
period of leave due to him.
(7) A worker shall be entitled to eight paid festival holidays in a calendar
year, namely, the 26th January, 15th August and 2nd October and five such
other festival holidays as may be agreed to between the employer and the
workers before the commencement of the year. On these days, he shall be
paid wages at the rate equivalent to his ordinary rate of wages excluding
overtime:
Provided that, the employer may require any worker to work in the
shop or establishment on all or any of these days, subject to the conditions
that for such work the worker shall be paid double the amount of the
ordinary rate of wages and also leave on any other day in lieu of the
compulsory holiday.
(8) For the purpose of sub-section (4),-
(a) any days of lay-off, by agreement or contract or as permissible
under the model standing orders or standing orders certified
under provisions of the Industrial Employment (Standing
Orders) Act, 1946;
(b) in the case of a woman worker, maternity leave under the
provisions of the Maternity Benefits Act, 1961;
(c) the leave earned in the year prior to that in which the leave is
availed; or
(d) the absence of the worker due to temporary disablement
caused by an accident arising out of and in the course of his
employment,
shall be deemed to be days on which the worker has worked in the shop or
establishment for the purpose of computation of the period of two
hundred and forty days or more, but shall not earn leave for these days.
4-13

4-14
Drinking water.
Latrines and
urinals.
Creche facility.
First-aid.
GUJARA T GOVERNMENT GAZETTE, EX
., 07-03-2019
(9) The leave admissible under sub-section (4) shall be exclusive of all
holidays whether occurring during or either at the end of the period of
leave.
(10) Every worker shall be paid wages for the period of his leave earned
under sub-sections (4) and (5) at a rate equivalent to the daily average of
his wages for the days on which he actually worked during the preceding
three months, exclusive of any earnings in respect of overtime.
CHAPTER V
WELFARE PROVISIONS
19. Every employer shall make effective arrangements to provide and
maintain at suitable points conveniently situated for all workers employed
in the shop or establishment, a sufficient supply of wholesome drinking
water.
20. Every employer shall provide sufficient latrine and urinal for men
and women as may be prescribed and these shall be so conveniently situated
as may be accessible for the workers employed in the shop or
establishment:
Provided that, several employers may provide common facilities of
latrines and urinals, in case it is not possible to provide such facility
individually, in a shop or establishment due to constraint of space or
otherwise.
21. In every shop or establishment wherein thirty or more women
workers are employed, there shall be provided and maintained a suitable
room or rooms ascreche for the use of children of such workers:
Provided that, if a group of shops or establishments decide to
provide a common creche within a radius of one kilometer, then, the same
shall be permitted by the Inspector by an order, subject to such conditions
as may be specified in the order:
22. Every employer shall provide at the place of work first-aid facilities
as may be prescribed.
[PART IV

PART IV] GUJARAT GOVERNMENT GAZETTE, EX
., 07-03-2019 4-15
23. The employer shall provide and maintain' in the shop or Canteen.
establishment, wherein not less than one hundred workers are employed or
ordinarily employed to maintain a canteen for the use of its workers:
Provided that, if a group of shops or establishments decide to
provide a common canteen, then the same shall be permitted by the
Inspector by an order, subject to such conditions as may be specified in the
order.
CHAPTER VI
ENFORCEMENT AND INSPECTION
24. (1) Save as otherwise provided in this Act, it shall be the duty of
every local authority to enforce, within the area subject to its jurisdiction,
the provisions of this Act, subject to the supervision of the State
Government.
(2) For the areas not having jurisdiction of local authority, the State
Government shall, by notification in the Official Gazette, without the
necessity of giving any further notice or reasons, specify the authorities for
performing the duties of enforcing the provisions of this Act from a date
specified in that notification. From such date, it shall be the duty of such
authorities to enforce the provisions of the Act, subject to the supervision of
the State Government.
(3) For an area within the jurisdiction of a local authority, the local
authority and for other areas, the State Government shall, subject to the
provisions of sub-section (4), appoint as many Inspectors for the purpose of
carrying out the provisions of this Act.
(4) A local authority or, as the case may be, the State Government may direct
that the powers conferred on it by this section shall in such circumstances,
and subject to such conditions, if any, as may be specified in the direction, be
exercised by authorities referred to in sub-sections (1) and (2) .
Provisions for
handing over
enforcement of
Act to
authorities.

4-16
Powers and
duties of
Inspectors.
GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019
25. (1) The State Government may make a scheme for inspection of
shops and establishments which may provide for generation of a web based
inspection schedule.
(2) Subject to such conditions as may be prescribed, the Inspector may
,
within the local limits for which he is appointed-
(i) advice the employers and workers and provide them such
information as may be considered necessary for complying with
the provisions of this Act effectively;
(ii) inspect the shops or establishments In accordance with the
scheme for inspection referred to in sub-section (3), and may-
(a) enter, at all reasonable time and with such assistants, if
any, being persons in the service of the Government or
of any local authority as he thinks fit, any place which
is or which he has reason to believe is a shop or
establishment;
(b) make such examination of the premises and of any
prescribed registers, records and notices, and take on
the spot or otherwise evidence of any persons as he may
deem necessary for carrying out the purposes of this
Act;
(c) examine any person who is found in any premises ofthe
shop or establishment and whom, the Inspector has
reasonable cause to believe, is a worker of the shop or
establishment;
(d) require any person to give any information, which is in
his possession with respect to the names and addresses
of the persons;
(e) search, seize or take copies of such register, record of
wages or notices or portions thereof as he may consider
relevant in respect of an offence under this Act and
which he has reason to believe has been committed by
the employer;
[PART IV

PART IV]
45 of 1860.
2 of 1974.
45 of 1860.
GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019
(f) bring to the notice of the State Government defects
found during inspection; and
(g) exercise such other powers, as may be prescribed:
Provided that, no person shall be compelled under this
section to answer any question or give any evidence tending to
incriminate himself.
(3) Any person required to produce any document or to give any
information required by Inspector shall be deemed to be legally bound to do
so within the meaning of sections 175 and 176 of the Indian Penal Code.
(4) The provisions of the Code of Criminal Procedure, 1973 shall, so far as
may be, apply to the search or seizure under sub-clause (e) of clause (ii) of
sub-section (2) as they apply to the search or seizure made under the
authority of a warrant issued under section 94 ofthe said Code.
(5) Every Inspector appointed under section24 shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Code.
CHAPTER VII
RECORDS AND RETURNS
26. (1) Every employer shall maintain the registers and records, in such
form and in such manner as may be prescribed.
(2) The records may be maintained electronically or manually:
Provided that, at the time of inspection by an Inspector, a hard copy
of such records, if demanded, shall be submitted duly signed by the
employer or his representative.
(3) Every employer and in his absence the manager shall, on demand,
produce for inspection of Inspector all registers, records and notices
required to be kept under and for the purposes of this Act
.
(4) All such registers and records shall be kept in the premises of the shop
or establishment to which they relate.
4-17
Maintenance
of registers
and records.

4-18
Annual
returns.
Penalty for
non-
registration of
shop or
establishment.
Penalty for
contravention
of the
provisi
ons of
the Act.
Penalty for
contravention
of the
provisions of
the Act
resulting in
accident.
GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019
27. The employer of a shop or establishment shall furnish an annual
returns, in such a form and in such manner (including in electronic form),to
such authority as may be prescribed.
CHAPTER VIII
OFFENCES AND PENALTIES
28. Whoever, found running any establishment without registration in
contravention of the provisions of section 6 or rules made thereunder, shall
be punishable with penalty of ten thousand rupees which shall include
registration fees:
Provided that, on recovery of penalty along with registration fees,
the establishment shall be deemed to be registered and the registration
certificate shall be issued by the Inspector.
29. Whoever contravenes the provisions of this Act or the rules made
thereunder shall, if no other penalty is elsewhere provided by or under this
Act for such contravention, be punishable with fine which may extend to
fifty thousand rupees:
Provided that, the total amount of fine shall not exceed two thousand
rupees per worker employed.
30. Save as otherwise provided in this Act, where an employer on being
held found guilty of contravention of any of the provisions of this Act or
any rules made thereunder which has resulted in an accident causing serious
bodily injury or death of a worker, he shall, on conviction,be punished with
imprisonment which may extend to six months or with fine which shall not
be less than twenty-five thousand rupees and which may be extended to
fifty thousand rupees, or with both.
[PART IV

PART IV] GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019
31
. (1) If the person committing an offence under this Act is a company,
the company as well as every person in charge of, and responsible to, the
company for the conduct of its business at the time of the commission of the
offence shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
(2) Notwithstanding anything contained in sub section (1), where an offence
under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or that the
commission of the offence is attributable to any neglect on the part of any
director, manager, managing agent or any other officer of the company,
such director, manager, managing agent or such other officer shall also 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 anybody corporate and includes a firm or other
association of individuals; and
(b) "director" in relation to a firm, means a partner in the firm.
32. (1) Whoever, willfully obstructs an Inspector in exercise of any
powers conferred on him by or under this Act or refuses or willfully
neglects to afford an Inspector any reasonable facility for making any
inspection, examination, inquiry or investigation authorized by or under this
Act in relation to an establishments, shall, on conviction, be punished with
fine which may extend to fifty thousand rupees.
(2) Whoever, willfully refuses to produce on the demand of an Inspector any
register or other document kept in pursuance of this Act or the rules made
thereunder or prevents or attempts to prevent or does anything which he has
reason to believe to prevent any person from appearing before, or being
examined by, an Inspector acting in pursuance of his duties under this Act,
4-19
Offences by
companies.
Penalty for
obstructions
or refusal to
provide
register, etc.

4
-20
Cognizance
of offences.
Compounding
of offences.
GUJARATGOVERNMENTGAZETTE,EX.,07-03-2019 [PARTlY
shall, on conviction, be punished with fine which may extend to fifty
thousand rupees:
Provided that, total amount of fine shall not exceed two thousand
rupees per worker employed.
33. (1) No Court shall take cognizance of any offence punishable under
this Act and the rules made thereunder unless a complaint in respect thereof
is made by the Inspector within three months from the date on which the
alleged commission of the offence comes to the knowledge of the Inspector:
Provided that, where the offence consists of disobeying a written
order made by the Inspector, complaint thereof may be made within six
months from the date on which the offence is alleged to have been
committed.
(2) The court of a Metropolitan Magistrate or a Judicial Magistrate of the
First Class shall try any offence punishable under this Act or the rules made
thereunder.
(3) Notwithstanding anything contained In Code of Criminal Procedure,
1973, a Metropolitan Magistrate or a Judicial Magistrate of the First Class 2 of 1974.
may impose fine and penalties prescribed under this Act.
34. (1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, any offence punishable under this Act, not being an
offence punishable with imprisonment only, or with imprisonment and also
with fine, may, on an application of the accused person, either before or
after the institution of any prosecution, be compounded by such Officer, as
the State Government may, by notification in the Official Gazette, specify,
with fine provided for such offence, in the manner as may be prescribed.
(2) Nothing contained in sub-section (1) shall apply to an offence
committed by a person for the second time or thereafter within a period of
five years from the date-
(a) of commission of a similar offence which was earlier
compounded;
2 of 1974.

PART IV] GUJARAT GOVERNMENT GAZETTE, EX
., 07-03-2019 4-21
(b) of commission of a similar offence for which such person
was earlier convicted.
(3) Every officer referred to in sub-section (1) shall exercise the powers to
compound an offence, subject to the direction, control and supervision of
the State Government.
(4) Every application for the compounding of an offence shall be made in
such form and in such manner as may be prescribed.
(5) Where any offence is compounded before the institution of any
prosecution, no prosecution shall be instituted in relation to such offence,
against the offender in relation to whom the offence is so compounded.
(6) Where the composition of any offence is made after the institution of
any prosecution, such composition shall be brought by the officer referred
to in sub-section (1) in writing, to the notice of the Court in which the
prosecution is pending and on such notice of the composition of the offence
being given, the person against whom the offence is so compounded shall
be discharged.
(7) Any person who fails to comply with an order made by the officer
referred to in sub-section (I), shall be liable to pay a sum equivalent to
twenty percent of the maximum fine provided for the offence, in addition to
such fine.
(8) No offence punishable under the provisions of this Act shall be
compounded except under and in accordance with the provisions of this
section.
CHAPTER IX
MISCELLANEOUS
35. (1) Notwithstanding anything contained
establishment if situated,-
(a) (i) in Municipal Corporation Area, or
(ii) on National Highway, or
(iii) on Railway Platform, or
(iv) at State Roadways bus station premises, or
(v) in Hospital premises, or
in this Act, any shop or Opening
and closing
hours.

4-22
Protection
of rights of
workers
under any
other law,
etc.
GUJARAT GOVERNMENT GAZETTE, EX., 07-03-2019
(vi)on petrol pumps
,
may remain open 24 hours on any day of the week:
Provided that, the worker shall be allowed to work in accordance with
the provisions of sections 12,14,16 and 18 of this Act;
(b) in Municipality area or on State Highway may be opened except from
2.00 A.M to 6.00 A.M.:
Provided that, the worker shall be allowed to work in accordance
with the provisions of sections 12, 14, 16 and 18 of this Act;
(c) in the areas other than the areas mentioned in clauses (a) and (b) above
in district or on minor road may be opened except from 11.00 P.M. to 6.00
A.M.:
Provided that, the worker shall be allowed to work in accordance
with the provisions of sections 12, 14, 16 and 18 of this Act;
(2) Notwithstanding anything contained in sub-section (1), considering the
circumstances relating to traffic, public health, public safety, public
nuisance or such other reason which may affect law and order situation, the
hours for opening and closing of different classes of shops or establishments
and for different premises, shopping complex or mall or for different area or
areas and for different period may be curtailed by such authority as the
State Government may, by notification in theOfficial Gazette, specify.
36. Nothing in this Act shall affect any right or privileges which a
worker in any shop or establishment is entitled to at the date of
commencement of this Act under any other law, contract, custom or usage
applicable to such shop or establishment or any award, settlement or
agreement binding on the employer and the worker in such shop or
establishment, if such rights or privileges are more favourable to him than
those to which he would be entitled under this Act.
[PART IV

PART IV] GUJARAT GOVERNMENT GAZETTE, EX
., 07-03-2019
37. (1) No suit, prosecution or legal proceedings shall lie against any
public servant or any other person, acting under the direction of any such
public servant, for anything which is in good faith done or intended to be
done under this Act or any rule or order made there under.
(2) No suit, prosecution or legal proceedings shall lie against the
Government for any damage caused or likely to be caused by anything
which is in good faith done or intended to be done in pursuance of this Act
or any rules or order made there under.
38. The provisions of this Act shall be in addition to, and not In
derogation of, the provisions of any other law for the time being in force.
39. (1) The State Government may, by notification In the Official
Gazette, make rules to carry out the purposes of this Act.
(2) All rules made under this Act shall be subject to the condition of
previous publication.
(3) All rules made under this section shall be laid for not less than thirty
days before the State Legislature as soon as may be after they are made and
shall be subject to rescission by the State Legislature or to such
modifications as the State Legislature may make during the session in
which they are so laid or session immediately following. Any rescission or
modification so made by the State Legislature shall be published in the
Official Gazette, and shall thereupon take effect.
40. (1) If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, as occasion arises, by an order published in
the Official Gazette, do anything not inconsistent with the provisions of this
Act, which appears to it to be necessary or expedient for the purposes of
removing the difficulty:
4-23
Protection
of action
taken in
good faith.
Act not in
derogation of
any other
law.
Power to
make rules.
Power to
remove
difficulties.

4-24
Repeal and
saving.
GUJARATGOVERNMENTGAZETTE,EX., 07-03-2019
Provided that, no such order shall be made after the expiry of the period of
two years from the date of commencement of this Act
.
(2) Every order made under sub-section (1) shall be laid, as soon as may be,
after it is made, before the State Legislature.
41. On and from the date of commencement of this Act, the Gujarat
Shops and Establishments Act, 1948 shall stand repealed:
Provided that,
(a) every appointment, order, rule, bye-law, regulation,
notification, registration or notice made, issued or given under the
provisions of the Act so repealed shall, in so far as it is not inconsistent
with the provisions of this Act, be deemed to have been made, issued or
given under the provisions of this Act, unless and until superseded by any
appointment, order, rule, bye-law, regulation, notification or notice made,
issued or given under this Act;
(b) any proceeding relating to the trial of any offence punishable
under the provisions of the Act so repealed shall be continued and
completed as if the said Act had not been repealed but had continued in
operation and any penalty imposed on such proceedings shall be recovered
under the Act so repealed.
Government Central Press, Gandhinagar.
[PARTlY
LXXIX of
1948.

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