LexThe Bombay Shops and Establishments Act, 1948
Gujarat · state statute
Open in Lexace · Ask the AI about this actThe Bombay Shops and Establishments Act, 1948.
1948 : Bom. LXXIX]
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
Bombay Act No. LXXIX of 1948
The Bombay Shops and Establishments Act,
1948.
The Bombay Shops and Establishments Act, 1948.
1948 : Bom. LXXIX]
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(As modified upto the 31st December, 2005)
THE BOMBAY SHOPS AND ESTABLISHMENTS ACT, 1948
CONTENTS.
PREAMBLE.
SECTIONS. PAGE NO.
CHAPTER-I.
PRELIMINARY.
1. Short title, extent and operation.
2. Definitions.
3. References to time of day.
4. Exemptions.
5. Application of Act to other establishments and persons.
6. Suspension of all or any of the provisions of this Act.
CHAPTER-II.
REGISTRATION
OF ESTABLISHMENTS.
7. Registration of establishments.
8. Change to be communicated to Inspector.
9. Closing of establishment to be communicated to Inspector.
CHAPTER-III.
SHOPS
AND COMMERCIAL ESTABLISHMENTS.
10. Opening hours of shops.
11. Closing hours of shops.
12. Hawking prohibited before opening and after closing hours of shops.
13. Opening and closing hours of commercial establishments.
14. Daily and weekly hours of work in shops and commercial establishments.
15. Interval for rest.
16. Spread-over in shops.
17. Spread-over in commercial establishments.
18. Holidays in a week in shops and commercial establishments.
CHAPTER-IV.
RESIDENTIALS
HOTELS, RESTAURANTS AND EATING HOUSES.
19. Opening and closing hours of restaurants and eating houses.
20. Restaurants and eating houses not to sell goods of the kind sold in shops
before the opening and after the closing hours of shops.
21. Daily hours of work in residential hotels, restaurants and eating houses.
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22. Interval for rest.
23. Spread-over.
SECTIONS. PAGE NO.
24. Holidays in a week.
25. [Deleted.]
CHAPTER-V.
THEATRES
OR OTHER PLACES OR PUBLIC AMUSEMENT OR
ENTERTAINMENT.
26. Closing hour of theatres or other places of public amusement or
entertainment.
27. Theatres or other places of public amusement or entertainment not to sell
goods of the kind sold in shops after the closing hours of shops.
28. Daily hours of work in theatres or other places of public amusement or
entertainment.
29. Interval for rest.
30. Spread-over.
31. Holidays in a week.
CHAPTER-VI.
EMPLOYMENT
OF CHILDREN, YOUNG PERSONS AND WOMEN.
32. No child to work in any establishment.
33. Young persons and women to work between 6 a. m. to 7 p. m.
34. Daily hours of works for young persons.
34A. Prohibition of employment of young persons and women in dangerous works.
CHAPTER-VII.
LEAVE
WITH PAY AND PAYMENT OF WAGES.
35. Leave.
36. Pay during leave.
37. Payment when to be made.
38. Application and amendment of the Payment of Wages Act.
38A. Application of Act VIII of 1923 to employees of establishment.
CHAPTER-VIII.
HEALTH
AND SAFETY.
39. Cleanliness.
40. Ventilation.
41. Lighting.
42. Precautions against fire.
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42A. First Aid.
SECTIONS. PAGE NO.
CHAPTER-IX.
ENFORCEMENT AND INSPECTION.
43. Powers and duties of local authorities
43A. Power of State Government to enforce provisions of Act within areas of local
authorities.
44. Power to make by laws.
45. Delegation.
46. Power of State government to provide for performance of duties on default by
local authority.
47. Expenses of local authority to be paid out of its fund.
48. Appointment of Inspectors.
49. Powers and duties of Inspectors.
50. Inspectors to be public servants.
51. Employer and manager to produce registers, records, etc., for inspection.
CHAPTER-X.
OFFENCES
AND PENALTIES.
52. Contravention of certain provisions and offences.
53. Contravention of section 12.
54. Employee contravening sections 18(2), 24, 31 and 65.
55. False entries by employer and manager.
56. Enhanced penalty in certain cases after previous conviction.
57. Penalty for obstructing Inspector.
58. Determination of employer for the purposes of this Act.
59. Exemption of employer or manager for liability in certain cases.
59A. Protection in respect of employment of certain children.
60. Cognizance of offences.
61. Limitation of prosecutions.
CHAPTER-XI.
MISCELLANEOUS
AND SUPPLEMENTAL.
62. Maintenance of registers and records and display of notices.
62A. Employer to furnish indentity card to employees.
62B. Exhibition of signboard.
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63. Wages for overtime work.
64. Evidence as to age.
SECTIONS. PAGE NO.
65. Restriction on double employment on a holiday or during leave.
66. Notice of termination of service.
67. Rules.
68. Protection to persons acting under this Act.
69. Rights and privileges under other law, etc. not affected.
70. Persons employed in factory to be governed by Factories Act and not by this
Act.
71. Submission of annual report, etc.
72. Repeal of Bombay Shops and Establishments Act, 1939.
SCHEDULE—I
SCHEDULE—II
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BOMBAY ACT NO. LXXIX OF 19481
[THE BOMBAY SHOPS AND ESTABLISHMENTS ACT, 1948.]
[11th January, 1949.]
Amended by Bom. 17 of 1949.
Amended by Bom 53 of 1949.
Amended by Bom 59 of 1949.
Amended by Bom 8 of 1950.
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom. 9 of 1951.
Amended by Bom. 28 of 1952.
Amended by Bom. 58 of 1954.
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent
Subjects) Order. 1956.
Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
Amended by Guj. 11 of 1962.
Amended by Guj. 26 of 1977.
Amended by Guj. 35 of 1980.
Amended by Guj. 27 of 1981.
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 ; It is hereby enacted as follows :-
CHAPTER- I.
PRELIMINARY.
1 (1) This Act may be called the Bombay Shops and Establishments Act, 1948.
2[(2) It extends to the whole of the State of Gujarat. ]
(3) It shall in the first instance come into force in the local areas specified in
Schedule I :
3[Provided that in the areas in which all or any of the provisions of the
Saurashtra Shops and Establishments Act, 1955 were in force immediately
before the commencement of the Bombay Shops and Est ablishments (Gujarat
Extension and Amendment) Act, 1961, all the provisions of the Act shall
come into force on such commencement.]
(4) The 4[State] Government shall by notification published in the Official
Gazette direct that all or any of the provisions of this Act shall come into
force in such other local areas having a population of twenty -five thousand
and more as may be specified in the notification.
(5) The 4[State] Government may also by a like notification direct that all or
any of the provisions of this Act shall come into force in such local areas
having population less than twenty -five thousand as may be specified in the
notification.
2. In this 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 of being trained, in any trade, craft or
employment in any establishment;
5(2) "Child" means a person who has not completed his fourteenth year;]
Short title, extent
and operation.
Sau. Act. No.
X of 1955.
Guj. XI of 1962.
Definitions.
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6 [(3) "Closed" means not open for the service of any customer, or for any
business of the establishment, or for work, by or with the help of any
employee, of or connected with the establishment; ]
(4) "Commercial establishment" means an establishment which carries on any
business, trade or profession or any work in connection with, or incidental or
ancillary to, any business, trade or profession and includes a society
registered under the Societies Registration Act, 1860, and a charitable or
other trust, whether re gistered or not, which carries on,
7[whether for
purposes of gain or not,] any business, trade or profession or work in
connection with or incidental or ancillary thereto but does not include a
factory, shop, residential hotel, restaurant, eating house, theatre or other place
of public amusement of entertainment;
(5) "Day" means the period of twenty-four hours beginning at midnight :
Provided that in the case of an employee whose hours of work extend
beyond midnight, day means the period of twenty -four hours beginning when
such employment commences irrespective of midnight;
8[(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 establ ishment; and includes an apprentice but
does not include a member of the employer's family;]
(7) "Employer" means a person owning or having ultimate controls over the
affairs of an establishment;
(8) "Establishment" means a shop, commercial establishment , residential
hotel, restaurant, eating house, theatre or other place of public amusement or
entertainment to which this Act applies and includes such other establishment
as the
9[State] Government may, by notification in the Official Gazette,
declare to be an establishment for the purposes of this Act;
(9) "Factory" means any premises which is a factory within the meaning of
10[clause (m) of section 2 of the Factories Act, 1948, or which is deemed to be
a factory 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;
(12) "Inspector" means an Inspector appointed under section 48;
(13) "Leave" means leave provided for in CHAPTER- VII of this Act;
(14) "Local area" means any area or combination of areas to which this Act
Applies;
11[(15) "Local Authority" means—
(i) a municipal corporation constituted under the Bombay Provincial
Municipal Corporations Act, 1949;
12[(ii) a municipality constituted under the Gujarat Municipalities Act,
1963; or
(iii) a district Panchayat constituted under the Gujarat Panchayats Act,
1961;] and includes any other body which the State Government may
by notification in the Official Gazette, declare to be a local authority
for the purposes of this Act; ]
(16) "Manager" means a person declared to be a manager under section 7;
(17) "Member of the family of an employer" means the husband, wife, son,
XXI of 1860.
LXIII of 1948.
Bom. LIX of 1949.
Guj. 34 of 1964.
Guj. 6 of 1962.
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daughter, father, mother, brother or sister of an employer who lives with and
is dependant on such employer;
13[(18) "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
employee, of or connected with the establishment;]
(19) "Period of work" means the time during which an employee is at the
disposal of the employer ;
(20) "Prescribed" means prescribed by rules made under this Act ;
(21) "Prescribed authority" means the authority prescribed under the rules
made, under this Act ;
(22)"Register of establishments" means a register maintained for the
registration of establishements under this Act ;
(23) "Registration certificate" means a certificate showing the registration of
an establishment
14[granted or renewed under section 7];
(24) "Residential hotel" means any premises used for the reception of guests
and travellers desirous of dwell ing or sleeping therein and includes a
15[residential club];
(25) "Restaurant or eating house" means any premises in which is carried on
wholly or principally the business of the supply meals or refreshments to the
public or a class of the public for consumption on the premises;
(26) "Schedule" means a Schedule appended to this Act ;
(27) "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,
16[ mainly used] in connection with such trade or
business but does not include a factory, a commercial establishment,
residential hotel, restaurant, eating house, theatre or other place of public
amusement or entertainment ;
(28) "Spread-over" means the period between the commencement and the
termination of the work of an employee on any day ;
(29) "Theatre" includes any premises intended principally or wholly for the
exhibition of pictures or other optical effects by means of a cinematograph or
other suitable apparatus or for dramatic performances or for any other public
amusement or entertainment ;
(30) "Wages" means wages as defined in the Payment of Wages Act, 1936;
(31) "Week" means the period of seven days beginning at midnight of
Saturday ;
17[ (32) "Year" means a year commencing on the first day of January; ]
(33) "Young person" means a person who is not a child and has not completed his
seventeenth year.
3. References to the time of day in this Act are references to Indian standard time
which is five and a half hours ahead of Greenwich mean time.
4.
18[(1)] Notwithstanding anything contained in this Act, the provisions of this
Act mentioned in the third column of Schedule II shall not apply to the
establishments, employees and other persons mentinoned against them in the
second column of the said Schedule :
V of 1936.
Reference to time
of day,
Exemptions,
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Provided that the 19[state] Government may, by notification published
in the Official Gazette, add to, omit or alter any of the entires of the said
Schedule 20[subject to such conditions, if any, as may be specified in such
notification] and on the publication of such notification, the entries in either
column of the said Schedule shall be deemed to be amended accordingly.
21[ 22[(2) Every notification issued under the proviso to sub-section (1) shall
be laid for not less than thirty days before the State Legislature as soon as
may be after it is issued and shall be subject to such rescission by the State
Legislature or to such modification as the State Legislature may make during
the session in which the notification is so laid or the session immediately
following.
(3) Any rescission or modification so made by the State Leg islature shall be
published in the Official Gazette, and shall thereupon take effect.]
5. (1) Notwithstanding anything contained in this Act, the
19[State] Government
may, by notification in the Official Gazette, 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 establishments or a pers on or class of persons to
which or whom this Act or any provisions thereof with such modifications or
adaptations as may in the opinion of the
19[State] Government be necessary
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 such 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, t his Act applies and all or any of the
provisions of this Act with such adaptation or modification as may be
specified in such declaration, shall apply to such establishment or class of
establishments or to such employee or class of employeed.
6. The
19[State] Government may, be 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 deems fit on account of any Holidays or occasions.
CHAPTER- II.
REGISTRATION OF ESTABLISHMENTS.
7. (1) Within the period specified in sub-section (4), the employer of every
establishment shall send to the Inspector of the local area concerne d a
statement, in a prescribed form, together with such fees as may be prescribed,
containing-
(a) the name of the employer and the manager, if any ;
(b) the postal address of the establishment;
(c) the name, if any, of the establishment;
(d) the categ ory 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.
(2) 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 establishments in such manner as may be prescribed and shall
issue, in a prescribed form, a registration certificate to the employer.
23[ * * ]
(3) In the event of any doubt or difference of opinion between an employer
Application of Apt
to other
establishments and
persons.
Suspension of all
or any of the
provisions of this
Act.
Registration of
establishments.
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and the Inspector as to the category to which an establishment should belong
the Inspector shall refer the matter to the prescribed authority which shall ,
after such inquiry as it think proper, decide the category of such establishment
and its decision shall be final for the purposes of this Act,
(4) Within thit y days from the date mentioned in column 2 below in respect
of an establi shment mentioned in column 1, the statement together with fees
shall be sent to the Inspector under sub-section (1) :-
1 2
Establishments. Date from which the
period of 30 days to commence.
(i) Establishmens existing in local areas mentioned The date on which this
in Schedule I on the date on which this Act Act comes into force,
comes into force.
(ii) Establishments existing in local areas on the The date on which this section
date on which this section comes into force. comes into force in the local area.
(iii) New establishments in local areas mentioned in The date on which the establis-
Schedule I and other local areas in which this hment commences its work.
section has come into forece.
24[(5) A registration certificate granted under sub-section (2) shall, unless it is
cancelled earlier, remain in force from the date of its grant upto the end of the
year in which it is granted, and shall be renewable from time to time 25[for a
period not exceeding three years at a t ime so however that any such period
shall not include a fraction of a year ]:
Provided that a registration certificate granted before the
commencement of the Bombay Shops and Establishments (Gujarat Extension
and Amendment) Act, 1961 and in force immediately before such
commencement shall remain in force upto the end of December, 1961 unless
it is cancelled earlier.
(6) An employer, holding a registration certificate shall, except in the circum -
stances mentioned in section 9, make an application for its renewal in the
prescribed form to the Inspector not later than fifteen days before the date of
its expiry. Such application shall be accompanied by such fee as may be
prescribed.
(7) On receipt of an application in accordance with sub-sec tion (6), the
Inspector shall on being satisfied about the correctness of the particulars
mentioned in the application renew the registration certificate in the
prescribed form.
(8) The registration certificate renewed under sub-section (7) shall, unless it is
cancelled earlier, remain force
26[ for the period] for which it is renewed.
(9) The registration certificate shall be prominently displayed at the premises
of the establishment.]
8. It shall be the duty of a n employer to notify to the Inspector, in a prescribed form
27[ any change in any of the particulars contained in the statement submitted under
section 7 within such period, after the change has taken place, as the State
Government may prescribe in respect of any establishment or class of
establishments]. The Inspector shall, on receving such notice and the prescribed fees
and on being satisfied about its correctness, make the change in the register of
establishments in accordance such notice and shall amen d the registration certificate
or issue a fresh registration certificate, if necessary.
9. The employer shall, within ten days, on 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 establishment and cancel the registration certificate:
Guj. XI of 1962.
Change to be
communicated to
Inspector.
Closing of
establishment to be
communicated to
Inspectors.
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28[Provided that if the Inspector does not rec eive t he information but he is
otherwise satisfied that the establishment has been closed, he may remove such
establishment from such register and cancel such certificate.]
CHAPTER- III.
SHOPS AND COMMERCIAL ESTABLISHMENTS.
10. (1) No Shop —
(a) dealing wholly in milk, vegetables, fruits, fish, meat, bread or any
other goods notified by the
29[state] Government shall on any day be
opened earlier than 5 a. m.;
(b) 30[* * *] other than those specified in clause (a) of this sub-
section, shall on any day be opened earlier than 7--00 a. m.
(2) Subject to the provisions of sub-section (1), the 29[State] Government may
fix later opening hours for different classes of shops or for different areas or
for different periods of the year.
11. (1) Notwithstanding anything contained in any other enactment for the time
being in force, no shop-
(a) 30[ * * * ] other than those specified in clasue (b) of this sub-
section, shall on any day be closed later than 8.30 p. m. ;
(b) 31[dealing mainly in] pan, bidi, cigarettes, matches and other
ancillary articles shall on any day be closed later than 11.00 p.m. :
Provided that any customer who was being served or was
waiting to be served at such closing hour in any shop may be s erved
in such shop during the quarter of an hour immediately following
such hour.
(2) Subject to the provisions of sub-section (1), the 29[State] Government may
fix earlier closing hours for different classes of shops or for different areas or
for different periods of the year.
12. (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
sections 10 and 11 for the shops dealing in the same class of goods in the
locality in which such street or public place is situate :
32[ Provided that nothing in this sub-section shall apply to the sale of
newspapers.]
(2) any person contravening the provisions of sub-section (1) shall be liable to
have his goods seized by an Inspector.
33[(3) The goods seized under sub-section (2) shall be returned to the person
from whom they were seized on his depositing rupees twenty -five as security
for his appearance in the Court.
(4) If the person fails to make the deposits the goods seized shall be produced
without delay before a Magistrate who may give such directions as to their
temporary custody as he thinks fit.
(5) Where no prosecution is instituted for contra vention of the provisions of
sub-section (1) within such period as the Magistrate may fix in this behalf, the
Magistrate shall direct their return to the person from whom they were seized.
(6) Subject to the provisions of the preceding sub- section, the provisions of
the Code of Criminal Procedure, 1898, shall so far as they may be applicable,
apply to the disposal of the goods seized under this section. ]
Opening hours of
shops.
Closing hours of
shops.
Hawking
prohibited before
opening and after
closing hours of
shops.
V of 1898.
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13. (1) No commercial establishmen t shall on any day be opened earlier than 8-
30 a.m. and closed later than 8-30 p.m. ;
(2) Subject to the provisions of sub-section (1), the 34[State] Government may
fix later opening or earlier closing hours for different classes of commercial
establishments or for different areas or for different periods of the year.
14. (1) Subject to the provisions of this Act, no employee shall be required or
allowed to work in any shop or commerci al establishment for more than nine
hours in any day and forty—eight hours in any week.
(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
sub-section (1), if such period does not exceed three hours in any week.
(3) On not more than six days in a year which the
34[State] 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.
35[15. 36[(1)] The period of work of an employe e in a shop or commercial
establishment each day shall be so fixed that no period of continuous work
shall exceed five hours and that on employee shall be required or allowed to
work for more than five hours before he has had
37[an interval for rest of at
least—
(i) half an hour, if he is employed in a commercial establishment
engaged in any manufacturing process, and
(ii) one hour in any other case, subject, however, to the provisions of
sub- section (2)].
38[(2) In the case of employees other than thos e employed in a commercial
establishment engaged in any manufacturing process, the State Government,
on an application made in that behalf by the employees concerned, may
permit the reduction of the interval for rest to half an hour.]
16. The spread- over of an employee in a shop shall not exceed eleven hours in any
day :
Provided that in cases where any shop is on any day entirely closed for a
continuous period of not less than three hours, the spread-over shall not exceed
twelve hours in that day :
Provided also that where an employee works on any day in accordance with
the provisions of sub-section (2) of section 14, the spread-over shall not exceed
fourteen hours in any such day and where he works on any day in accordance with
the provisions of sub-section (3) of the said section, the spread-over shall not exceed
sixteen hours in any such day.
17. The spread -over of an employee in a commercial estalishment shall not exceed
eleven hours in any day :
Provided that the
35[State] Government may increase the spread-over period
subject to such conditions as it may impose either generally or in the case of a
particular commercial establishment or a class or classes of commercial
establishments.
18.
39[(1)] Every shop and commercial establishment shall remain closed on one
day of the week. 40[Except where the day is fixed under sub-section (1B) the
employer shall] prepare a calendar or lis t of such closed days, 41[ * *] notifiy
such calendar or list to the Inspector and specify it in a notice prominently
displayed in a conspicuous place in the shop or commercial establishment.
Opening and
closing hours of
commercial
establishments.
Daily and weekly
hours of work in
shops and
commercial
establishments.
Interval for rest.
Spread-over in
shops.
Spread-over in
commercial
establishments.
Holidays in a week
in shops and
commercial
establishments.
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42[Such calendar or list shall be prepared at the beginning of t he year but in
the case of a shop or establishment to which this Act becomes applicable for
the first time after the beginning of a year, the first calendar or list for the
remaining part of the year shall be prepared before the expiry of one month
from the date of the application of this Act thereto.]
(1A) Notwithstanding anything contained in sub- section ( 1), 43[but except
where the day is fixed under sub-section (1B)], a shop or commercial
establishment may remain open on any day notified as 44[a closed day] under
sub—section (1), if -
(a) it remains closed on any other day of the week ; and
(b) the employer has notified to the Inspector, his intention to close
the shop or the commercial establishment, as the case may be, on the
day substituted under cl ause (a), at least seven days before the
substituted day or the day notified as closed day under sub-section
(1), whichever is eariler.]
45[(1B) (a) Notwithstanding anything contained in sub-section (1) in respect
of any area within the jurisdiction of a local authority, the local
authority and in respect of any other area, the State Government may
by an order published in the prescribed manner, fix the day on which
a shop or commercial establishment shall remain closed every week;
and different days may be fixed with reference to different classes of
shops or establishments, different parts of the same area or different
periods of the year.
(b) Every shop and commercial establishment to which such order
applies shad remain closed accordingly :
Provided that nothing in this clause shall apply to a shop or
commercial establishment, the employer of which has notified to the
Inspector at the beginning of the year his intention to close the shop
or establishment on a public holiday within the mea ning of the
Negotiable Instruments Act, 1881.
(c) The making of an order under clause (a) shall be subject to the
condition of previous publication.]
(2) It shall not be lawful for an employer to call an employee at, or for an
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
remains closed.
(3) No deduction shall be made from the wages of a ny employee in a shop or
commercial establishment on account of any day on which it has remained
closed under this section. If an employee is employed on a daily wage, he
shall none the less be paid his daily wage for the day on which such shop or
commercial establishment remains closed.
46[If any employee is paid apiece
rated wage, he shall none the less be paid his wage for the day on which the
shop or commercial establishment remains 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 :]
47[Provided that nothing in this sub-section shall apply to any person
whose total period of continuous employment is less than six days.]
CHAPTER- IV.
RESIDENTIAL, HOTELS, RESTAURANTS AND EATING HOUSES.
XXVI of 1881.
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19. (1) Notwithstanding anything contained in any other enactment for the time
being in force, no restaurant, on eating house shall on any day be opened
earlier than 5 a.m and closed later than 11 p. 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 11-30 p. m. :
Provided also that any customer who was being served or waiting to
be served at the closing hour of such restaurant or eating house may be served
in such restaurant or eating house during the quarter of an hour immediately
following such hour.
(2) Subject to the provisions of sub-section (1), the
48[State] 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, on not more than ten days in a year on festive or
special occasions, the 48[State] Government may, by notification in the
Official Gazette, fix such opening and closing hours for different restaurants
or eating houses or for different areas, as it thinks proper.
20. Before and aft er the hours fixed for the opening and closing of shops under
sections 10 and 11, no goods of the kind sold in such shops shall be sold in any
restaurant or eating house except for consumption on premises.
21. (1) Except on the days that may be notified under sub-section (3) of section
19, no employee shall be required or allowed to work in any residential
hotels, restaurant or eating house for more than nine hours in any day.
(2) On the days which may be notified under sub- section (3) of section 19,
any employee may be required or allowed to work in a residential hotel,
restaurant or eating house in excess of the period fixed under sub-section (1),
if such excess period does not exceed three hours in any day.
49[22. The period of work of an employee in a residential hotel, restaurant, or eating
house each day shall be so fixed that no period of continuous work, shall exceed five
hours and that no employee shall be required or allowed to work for more than five
hours before he has had an interval for rest of at least one hour] :
50[Provided that, the State Government may, on an application made in that
behalf by the employees concerned, permit the reduction of the interval for rest to
half an hour.]
23. The spread -over of an employee in a residential hotel, restaurant or eating house
shall not exceed fourteen hours :
Provided that the 48[State] Government may increase the spread-over period
subject to such conditions as it may impose on the days that may be notified under
sub-section (3) of section 19.
24. (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 shall apply to an employee
whose total period of employment in any 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 any
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.
Opening and
closing hours of
restauran and
eating houses.
Restaurants and
eating houses not
to sell goods of the
Kind sold in shops
before the opening
and after the
dosing hours of
shops.
Daily hours of
work in residential
hotels, restaurants
and eating houses.
Interval for rest.
Spread-over.
Holiday in a week.
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15 of 53
(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 him under sub-section (1). If an employee is employed on a daily wage, he
shall none the less be paid his daily wage for the holiday.
[25. Employer to furnish identity card to employee.] Deleted by Guj. 26 of 1977, s. 5.
CHAPTER- V.
THEATRES OR OTHER PLACES OF PUBLIC AMUESMENT OR
ENTERTAINMENT.
26. Notwithstanding anything contained in any other enactment for the time being in
force, no theatre or other place of public amusement or entertainment shall, on any
day, be closed later than twelve mid-night.
27. After the hour fixed for the closing of shops under section 11, no goods of the
kind sold in a shop shall be sold in any theatre or other place of public amusement or
entertainment except for consumption on premises.
51[28. (1) No employee shall be required or allowed to work in any theatre or other
places of public amusement or entertainment for more than nine hours in any
day.
(2) Any employee may be required or allowed to work in a theatre or other
place of public amusement or entertainment for any period in excess of the
limit fixed under sub-section (1), if such period does not exceed six hours in
any week.]
52[29. The period of work of an employee in a theatre or other place of public
amusement or entertainment each day shall be so fixed that no period of continuous
work shall exceed five hours and that no employee shall be required or allowe d to
work for more than five hours before he has had an interval for rest of at least one
hour :]
53 [Provided that, the State Government may, on an application made in that
behalf by the employees concerned, permit the reduction of the interval for rest to
half an hour.]
30. The spread-over of an employee in a theatre or other place of public amusement
or entertainment shall not exceed eleven hours in any day :
Provided that the
54[State] Government may increase the spread --over period
subject to such conditions as it may impose either generally or in the case of a
particular theatre or other place of public amusement or entertainment.
31. (1) Every employee in a theatre or other place of public amusement or
entertainment shall be given at least one day in a week as a holiday :
Provided that nothing in this sub--section shall apply to an employee
whose total period of employment in any 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 from the wages of an employee in a theatre or
other place of public amusement or entertainment on account of any holiday
given to him under sub--section (1). If any employee is employed on a daily
wage, he shall none the less be paid his daily wage for the holiday given to
Closing hours of
theatres or other
places of public
amusement or
entertainment.
Theatres or other
placues of public
amusement or
entertainment not
to sell goods of the
kind sold in shops
after the closing
hour of shops.
Daily hours of
work in theatres
or other places of
public amusement
of entertainment
Interval for rest
Spread-over.
Holidays in a
week.
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him.
CHAPTER- VI.
EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND WOMEN.
32. No child shall be required or allowed to work whether as an employee or
otherwise in any establishment, notwithstanding that such child is a member of the
family of the employer.
33. No young person or woman shall be required or allowed to work whether as an
employee or otherwise in any establishment before 6 a.m. and after 7 p.m.,
notwithstanding that such young person or woman is a member of the family of the
employer.
34. (1) Notwithstanding anything contained in this Act, no young person shall be
required or allowed to work, whether as an employee or otherwise, in any
establishment for more than six hours in any day.
(2) No young person shall be required or allowed to work whether as an
employee or otherwise in any establishment for more than three hours in any
day unless he has had an interval for rest of at least half an hour.
55[34A. 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 may be
declared by the State Government by notification in the Official Gazette, to be work
involving danger to life, health or morals.]
CHAPTER- VII.
LEAVE WITH PAY AND PAYMENT OF WAGES.
35. 56[(1) (a) Subject to the provisions of clause (b), every employee who has
been employed for not less than three months in any year, shall for
every 60 days on which he has worked during the year be allowed
leave, consecutive or otherwise, for a period of not less than five
days;
(b) every employee who has worked for not less than two hundred
and forty days, during a year shall be allowed leave, consecutive or
otherwise, for a period of not less than twenty--one days :
Provided that such leave may be accumulated up to a maximum period of
57[sixty-three days].
Explanation.—The leave allowed to an employee under clauses (a) and (b)
shall be inclusive of the day or days during the period of such leave on which a shop
or commercial establishment remains closed under section 18, or on which he is
entitled to a holiday under sub-section (1) of section 24 or section 31.]
58[(1A) Every employee who has accumulated leave shall, when he goes on
leave for a period of not less than twenty -one days, be entitled to surrender,
out of the balance of leave remaining to his credit on the commencement of
his leave, any period of leave, not exceeding twenty -one days ; and such
employee shall, for the period of leave so surrendered by him, be lentitled to
payment of wages as if the leave so surrendered had been alowed to him
under sub-section (1) :
Provided that no employee shall be entitled to surrender leave under
this sub-section more than once in any period of two years.
(1B) In addition to the leave perm issible under sub--section (1), every
employee shall be entitled to leave with wages as follows :—
(i) casual leave for seven days in a year,
(ii) leave on medical grounds for not more than seven days in a year,
No child to work
in any
establishment.
Young person and
womens to work
between 6 a. m.
and 7 p. m.
Daily hours of
work for young
persons.
Prohibition of
employment of
young persons and
women in
dangerous work.
Leave
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17 of 53
and
(iii) leave for not more than four da ys in a year on any of the days
which the State Government may, by notification in the Official
Gazette, specify to be the National and Festival holidays.]
(2) If an employee entitled to leave under sub-section (1)
59[retires, resigns
or] 60[* *] is discharged by his employer before he has been allowed the
leave, or if, having applied for and having been refused the leave, he quits his
employment before he has been allowed the leave, the employer shall pay
him the amount payanble under section 36 in respect of the leave.
(3) If an employee entitled to leave under sub--section (1)
60[* *] is refused
the leave, he may give intimation to the Inspector or any other officer
authorised in this behalf by the 61[State] Government regarding such refusal.
The Inspec tor shall enter such intimation in a register kept in such form as
may be prescribed.
36. 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 which he actually w orked during the
preceding three months, exclusive of any earnings in respect of overtime.
37. An employee who has been allowed leave under section 35 shall, before his leave
begins, be paid halExcerpt shown. Open the full act in Lexace.