LexThe Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2017 : Mah. LXI] 1
THE MAHARASHTRA SHOPS AND ESTABLISHMENTS
(REGULATION OF EMPLOYMENT AND
CONDITIONS OF SERVICE) ACT, 2017
[Text as on 31st December 2025]
—————————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent, application and commencement.
2. Definitions.
3. Act not to apply to certain establishments and persons.
4. Application of Act to other establishments and workers.
5. Suspension of all or any of provisions of this Act.
CHAPTER II
REGISTRATION OF ESTABLISHMENTS
6. Registration of establishments.
7. Intimation of establishment employing less than ten workers.
8. Cancellation of registration.
9. Change to be communicated to Facilitator.
10. Closing of establishment to be communicated to Facilitator.
CHAPTER III
OPENING AND CLOSING HOURS, HOURS OF WORK,
INTERVAL FOR REST, SPREAD-OVER, WAGES FOR
OVERTIME AND WEEKLY OFF
11. Opening and closing hours of establishment.
12. Daily and weekly hours of work in establishment and interval for rest.
13. Prohibition of discrimination against woman worker.
14. Spread-over in establishments.
15. Wages for overtime.
16. Weekly holiday for worker.
17. Employer to furnish identity card to worker.
CHAPTER IV
LEAVE WITH PAY AND PAYMENT OF WAGES
18. Leave.
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CHAPTER V
WELFARE PROVISIONS
19. Health and safety of workers.
20. First-aid.
21. Drinking water.
22. Latrines and urinals.
23. Creche facility.
24. Canteen.
25. Maintenance of registers and records.
26. Annual Return.
CHAPTER VI
ENFORCEMENT AND INSPECTION
27. Provisions for handing over enforcement of Act to local authorities.
28. Appointment of Chief Facilitator and Facilitators and their powers.
CHAPTER VII
OFFENCES AND PENALTIES
29. Penalty for contravention of provisions of this Act.
30. Penalty for contravention of provisions of this Act which resulted in accident.
31. Penalty for obstructions or refusal to provide register, etc.
31A. Adjudication.
31B. Appeal.
32. Cognizance of offences.
33. Compounding of offences.
CHAPTER VIII
MISCELLANEOUS
34. Power to exempt.
35. Rights and privileges under other laws etc., not affected.
36. Protection of action taken in good faith.
36A. Name Board to be in Marathi.
37. Power to make rules.
38. Power to remove difficulties.
39. Repeal of Maharashtra Shops and Establishments Act.
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 24 of 2022 (22-8-2022)
2. Amended by Mah. 56 of 2025 (31-12-2025)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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MAHARASHTRA ACT No. LXI OF 20171
[THE MAHARASHTRA SHOPS AND ESTABLISHMENTS (REGULATION OF
EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2017.]
[This Act received the assent of the Governor on the 6th September 2017; assent was first published in
the Maharashtra Government Gazette, Part IV, on the 7th September 2017.]
An Act to provide for the regulation of conditions of employment and other
conditions of service of workers employed in shops, residential hotels,
restaurants, eating houses, theatres, other places of public amusement
or entertainment and other establishments and for matters
connected therewith or incidental thereto.
WHERAS it is expedient to provide for the regulation of employment and other conditions of
service of workers employed in shops, residential hotels, restaurants, eating ho uses, theatres, other
places of public amusement or entertainment and other establishments and for matters connected
therewith or incidental thereto; it is hereby enacted in the Sixty-eighth Year of the Republic of India as
follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent, application and commencement. — (1) This Act may be called the
Maharashtra Shops and Establishments (Regulation of Employment and Condition of Service) Act,
2017.
(2) It extends to the whole of the State of Maharashtra.
2[(3)(a) The provisions of this Act, expect section 7, shall apply to the establishments employing
ten or more workers.
(b) The provisions of sections 7 and 36A shall apply to the establishments employing less than
ten workers.]
(4) It shall come into for ce on such date 3 as the State Government may by notification in the
Official Gazette appoint.
2. Definition.— In this Act, unless the context otherwise requires,—
(1) “Chief Facilitator” means the Chief Facilitator appointed as such under section 28 of this
Act;
(2) “day” means the period of twenty-four hours beginning at midnight;
(3) “employer” means a person owning or having ultimate control over the affairs of an
establishment, and includes,—
(i) in the case of a firm or association of individuals, a partner or members 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 perso ns 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;
1 For the Statement of Objects and Reason, (in English) See Maharashtra Government Gazette , Part V -A, Extraordinary
No. 48, dated the 8th August 2017, Page 15.
2 Sub-section (3) was substituted by Mah. 24 of 2022, s. 2.
3 This Act was brought into force by G.N.I.E.L.D., No. MSA. 07/2016/CR -218/Lab-10, dated the 19 th December 2017,
w.e.f. 19th December 2017.
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(4) “establishment” means an establishment which carries on, any business, trade,
manufacture or any jour nalistic or printing work, or business of banking, insurance, stocks and
shares, brokerage or produce exchange or profession or any work in connection with, or
incidental or ancillary to, any business, trade or profession or manufacture; and includes
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; and also includes a society regist ered under the Societies
Registration Act, 1860 (21 of 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 in
connection with or incidental or a ncillary thereto; and includes shop, residential hotel, restaurant,
eating house, theatre or other place of public amusement or entertainment; to whom the
provisions of the Factories Act, 1948 (63 of 1948) , does not apply; and includes 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;
(5) “Facilitator” means a Facilitator appointed under section 28 of this Act;
(6) “Factory” means any premises which is a factory within the meaning of clause ( m) of
section 2 of the Factories Act, 1948 (63 of 1948) , or which is deemed to be a factory under
section 85 of the said Act;
(7) “holiday” means a day on which a worker shall be given a weekly off under the
provisions of this Act;
(8) “leave” means a leave provided for in Chapter IV of this Act;
(9) “local area” means any area or combination of areas to which this Act applies;
(10) “local authority” means the Municipal Corporation of Brihan Mumbai constituted or
deemed to have been constituted under the Mumbai Municipal Corporation Act (III of 1888),
Corporations constituted or deemed to have been constituted under the Maharashtra Municipal
Corporations Act (LIX of 1949) and the Municipal Councils constituted or deemed to have been
constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965 (Mah. XL of 1965), and includes any other body which the State
Government may, by notification in the Official Gazette, declares to be a local authority for the
purposes of this Act;
(11) “Manager” means a person mentioned in the application under section 6 of this Act;
(12) “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;
(13) “opened” means opened for the service of any customer, or for any business of the
establishment, or f or work, by or with the help of any worker of or connected with the
establishment;
(14) “period of work” means the time during which a worker is at the disposal of the
employer;
(15) “prescribed” means prescribed by rules made under this Act;
(16) “prescribed authority” means the Commissioner of Labour for the purposes of this Act;
(17) “register of establishment” means a register maintained for the registration of
establishments under this Act, either manually or in electronic format;
(18) “registration certificate” means a certificate of the registration of an establishment;
(19) “residential hotel” means any premises used for the reception of guests and travellers
desirous of dwelling or sleeping therein and includes residential club;
(20) “restaurant or eating house” means any premises, in which, wholly or principally the
business of the supply of meal or refreshments to the public or a class of the public for
consumption on the premises is carried on;
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(21) “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;
(22) “spread over” means the period between the commencement and the termination of the
work of a worker on any day;
(23) “theatre” includes any premises intended principally or wholly for the exhibition of
pictures or other optic al effects by means of a cinematograph or other suitable apparatus or for
dramatic performances or for any other public amusement or entertainment;
(24) “wages” means wages as defined in the Payment of Wages Act, 1936 (4 of 1936);
(25) “week” means the period of seven days beginning at midnight of Saturday;
(26) “worker” means any person (except an apprentice under the Apprentices Act, 1961 (52
of 1961), employed to do any manual, unskilled, skilled technical, operational or clerical work for
hire or reward, whether the terms of employment be express or implied.
3. Act not to apply to certain establishments and persons. — The provisions of this Act shall
not apply to,—
(1) Establishments of the Central and State Government;
(2) Establishments of Local Authorities;
(3) Establishment of Mumbai Port Trust;
(4) Establishment of Railway Administration;
(5) Offices of Reserve Bank of India;
(6) Offices of the Tr ade Commissioner and of Consular officers and other Diplomatic
representatives of Foreign Government;
(7) Offices of Air Service Companies;
(8) Establishments used for treatment or care of infirm, destitute or mentally unfit;
(9) Establishments pertaining to any kind of educational activities (excepting those where
coaching or tuition classes are conducted by individual persons or any institutions other than
those,—
(a) affiliated to any university established by law, or
(b) recognised by the Divisional Boa rds under the Maharashtra Secondary and Higher
Secondary Education Boards Act, 1965 (Mah. XLI of 1965), or
(c) recognised by the Directorate of Education or the Directorate of Technical
Education as a private secondary or technical high school, Industrial Training Institute
(I.T.I.), Polytechnic, Engineering Colleges or other technical institutions conducting courses
recognised by Government;
(10) High Court Law Libraries and other Courts Law Libraries;
(11) A worker occupying position of confidential, managerial or supervisory character in an
establishment, a list of which shall be displayed on the website of establishments and in absence
of the website at a conspicuous place in the establishment and a copy thereof shall be sent to the
Facilitators;
(12) A worker whose work is inherently intermittent;
(13) A member of the family of an employer.
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4. Application of Act to other establishments and workers. — (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 be an
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
opinion of the State Government be necessary shall apply from such date as may b e specified in the
notification.
(2) On such declaration under sub -section (1), any such establishment or class of establishments
or such workers 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 provision of this Act with such modification or adaptation as may
be specified in such declaration, shall apply to such establishment or cl ass of establishments or to such
worker or persons or class of workers or persons.
5. Suspension of all or any of provisions of this Act. — The State Government may, by
notification in the Official Gazette, suspend the operation of all or any of the provis ions 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
6. Registration of establishments. — (1) Within a period of sixty days from the date of
commencement of this Act or the date on which establishment commences its business, the employer
of every establishment employing ten or more workers shall submit application online in a prescribed
form for registration to the Facilitator of the local area concerned, together with such fees and such self
declaration and self-certified documents 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 actual nature of the business of the establishment; and
(e) such other particulars as may be prescribed:
Provided that, nothing contained hereinabove shall apply to the establishments already having
valid registration or renewal under the Maharashtra Shops and Establishments Act (LXXIX of 1948) ,
until expiry of their registration or renewal.
(2) On receipt of the application along with documents and the fees online, the Facilitator shall,
register the establishment in the register of es tablishments in such manner as may be prescribed and
shall issue online, in a prescribed form, a registration certificate along with the Labour Identification
Number (LIN) to the employer within the prescribed time limit. The Facilitator shall verify the
correctness of the application and documents attached thereto within such time as may be prescribed.
The registration certificate shall be produced whenever it is demanded by the Facilitator.
(3) A registration certificate granted under sub -section (2) shall be valid for such period as may
be requested by the applicant and specified therein subject to a maximum period of ten years. An
application for the renewal of a registration certificate shall be submitted online not less than thirty
days before the date of expiry of the registration certificate or of the renewed registration certificate, as
the case may be, and shall be accompanied by such fees, and the renewed registration certificate shall
be in such form, as may be prescribed.
(4) If the application f or the renewal of a registration certificate is submitted after the expiry of
the period specified in sub -section (3) but within thirty days after the date of expiry of the registration
certificate or of the renewed registration certificate, as the case ma y be, such application shall be
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accompanied by an additional fee as late fee equal to half of the fee payable for the renewal of a
registration certificate.
(5) In the event of any doubt or difference of opinion between an employer and the Facilitator
with respect to any provisions of this Act, the Facilitator shall refer the matter to the prescribed
authority which shall, after inquiry as it thinks proper, decide the matter and its decision shall be final
for the purposes of this Act.
7. Intimation of est ablishment employing less than ten workers. — (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 shal l
give an intimation of having commenced the business to the Facilitator in whose jurisdiction the
establishment is located by submitting online application, in a 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 establishment, nature of business, number of workers and such other
details as may be prescribed. The Facilitator 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 that, if 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 further that, nothing contained in th is sub -section shall apply to the establishments
already having valid registration or renewal under the Maharashtra Shops and Establishments Act
(LXXIX of 1948), until expiry of their registration or renewal.
(2) The employer of such establishment employing less than ten workers shall notify to the
Facilitator within thirty days from the date of the closing of the business that the establishment has
been closed for business in such form and manner as may be prescribed. The Facilitator on receiving
the information shall remove the entry of such establishment from the register kept for that purpose.
(3) Whoever, contravenes the provisions of this section or rules framed thereunder shall be
1[liable to penalty of one thousand rupees].
8. Cancellation o f registration. — At any time, if it is found or bought to the notice of the
Facilitator that the registration of any establishment has been obtained by misrepresentation or
suppression of material facts or by submitting false or forged documents or false d eclaration or by
fraud, and therefore, requires to be revoked, the Facilitator shall, after giving an opportunity of being
heard, to the employer of the establishment, cancel the registration and remove such establishment
from the register of establishments in the manner prescribed.
9. Change to be communicated to Facilitator. — It shall be the duty of every employer to
notify online to the Facilitator, in the prescribed form, any change in any of the particulars contained in
the application submitted under section 6 within such period, after the change has taken place, as the
State Government may prescribe. The Facilitator shall, on receiving such notice and the prescribed fees
alongwith 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 online.
10. Closing of establishment to be communicated to Facilitator. — The employer shall notify
to the Facilitator within thirty days from the date of closing of the business that the establishment has
been closed for business in such form and manner, as may be prescribed. The Facilitator on receiving
the information and on being satisfied about its correct ness shall remove such establishment from the
register of establishments and cancel the registration certificate :
1 These words were substituted for the words “ punishable with a fine of rupees one thousand ” by Mah. 56 of 2025, s. 2 ,
Schedule-I, Sr. No. 7.
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Provided that, if the Facilitator does not receive the information but he is otherwise satisfied that
any establishment has been closed, he m ay remove such establishment from such register of
establishments and cancel such certificate.
CHAPTER III
OPENING AND CLOSING HOURS, HOURS OF WORK, INTERVAL FOR REST, SPREAD-OVER, WAGES FOR
OVERTIME AND WEEKLY OFF
11. Opening and closing hours of establishment.— Notwithstanding anything contained in this
Act, the State Government may, fix, by notification in the Official Gazette, in the public interest, such
hours for opening and closing of different classes of establishments and for different prem ises,
shopping complex or mall or for different area or areas and for different period.
12. Daily and weekly hours of work in establishment and interval for rest. — Subject to the
other provisions of the Act, no adult worker shall be required or allowed to work in any establishment
for more than nine hours in any day and forty -eight hours in any week. No adult worker shall be asked
to work continuously for more than five hours unless he has been given a break of not less than half an
hour:
Provided that, th e working hours or weekly holiday may be relaxed in case of work of urgent
nature with the previous permission of the Facilitator.
13. Prohibition of discrimination against woman worker. — (1) No woman worker shall be
discriminated in the matter of recruitment, training, transfers or promotion or wages.
(2) No woman worker shall be required or allowed in work in any establishment except between
the hours of 7-00 a.m. and 9-30 p.m. :
Provided that, the woman worker with her consent, shall be allowed to work during 9 -30 p.m.
and 7-00 a.m. in any establishment in which adequate protection of their dignity, honour and safety,
protection from sexual harassment and their transportation from the establishment to the doorstep of
their residence as may be pre scribed are provided by the employer or his authorised representative or
manager or supervisor.
(3) Notwithstanding anything contained in the preceding sub -sections, the State Government
may, by notification in the Official Gazette, in the public interest, prohibit or regulate the employment
of women workers after 9 -30 p.m . and before 7 -00 a.m. in such shops, establishments, hotel,
restaurants, residential hotels, permit rooms, bar, spa -massage parlours, lodges or any business or any
trade or occupation in such area or areas as it may deem fit.
14. Spread -over in establishments. — The spread-over of a worker in establishment shall not
exceed ten and half hours in any day, and in case a worker entrusted with intermittent nature of work or
urgent work, the spread over shall not exceed twelve hours.
15. Wages for overtime. — Where a worker in any establishment is required to work 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 twi ce 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.
16. Weekly holiday for worker. — (1) (a) A department or any section of a department of the
establishment may work in more than one shift at the discretion of the employer and if more than one
shift is worked, the worker may be required to work in any shift at the discretion of the employer.
(b) An establishment may be kept open for business 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.
(c) If a worker is denied weekly holiday, the compensatory leave in lieu thereof shall be given
within two months of such weekly holiday.
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(d) The period and hours of work in a week for all classes of workers in such shift shall be
informed well in advance to all workers in writing and shall be sent to the Facilitator electronically or
otherwise.
(e) Where a worker is required to wor k on a day of his rest, he shall be entitled to wages at the
rate of twice his ordinary rate of wages.
(2) No deduction shall be made from the wages of any worker in an establishment on account of
any day on which it has been a weekly holiday under this se ction. If a worker is employed on a daily
wage, he shall nonetheless be paid his daily wage for the day of his weekly off. If a worker is paid a
piece rated wage, he shall nonetheless be paid his wage for the day of his weekly holiday, 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 holiday, exclusive of any earning in respect of overtime:
Provident that, nothing in this sub -section shall apply to any worker whose total p eriod of
continuous employment is less than six days.
17. Employer to furnish identity card to worker. — The employer of an establishment shall
furnish to every worker an identity card which shall be produced by the worker on demand by
Facilitator. Such ca rd shall contain the following and such other particular s as may be prescribed,
namely:—
(a) the name of the employer ;
(b) the name, if any, and the postal address, of the establishment ;
(c) the name and age of the worker ;
(d) date of joining, department, nature of work, designation ;
(e) the signature (with date) of the employer or manager ;
(f) Blood Group ;
(g) 1[* * *]
CHAPTER IV
LEAVE WITH PAY AND PAYMENT OF WAGES
18. Leave.— (1) Every worker shall be allowed a weekly holiday with wages.
(2) Every worker shall be entitled to eight days casual leave with wages in every calendar year
which shall be credited into the account of the worker on a quarterly basis, but shall laps if unavailed at
the end of the year.
(3) Every worker who has work ed for a period of two hundred and forty days or more in an
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 per formed
by him during the previous calendar year.
(4) Subject to the provision of clause ( 3) every worker, who has been employed for not less than
three months in any year, shall for every sixty days on which he has worked during the year be allowed
leave, consecutive or otherwise, for a period of not more than five days.
(5) Every worker shall be permitted to accumulate earned leave upto a maximum of forty -five
days.
(6) Where the employer refuses to sanction the leave under sub -section (3) which is due whe n
applied fifteen days in advance, then the worker shall have a right to encash leave in excess of forty -
five days :
1 Clause (g) was deleted by Mah. 24 of 2022, s. 3.
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Provided that, if a worker is entitled to leave other than causal and festival leave under this
section, is discharged by his employer befo re he has 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, 26 th
January, 1st May, 15th August and 2nd October and four such other festival holidays as may be agreed to
between the employer and the workers as per the nature of business, before the commencement of the
year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his
wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:
Provided that, the employer may require any worker to work in the 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 daily average wages and also leave on any other day in lieu of the compulsory holiday.
(8) For the purpose of sub-section (3),—
(a) any days of lay-off, by agreement or contract or as permissible under the model standing
orders or standing order certified under Industrial Employment (Standing Orders) Act, 1946 (26
of 1946);
(b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits
Act, 1961 (53 of 1961);
(c) the leave earned in the year prior to that in which the leave is availed; or
(d) the worker has been absent due to t emporary disablement caused by accident arising out
of and in the course of his employment,
shall be deemed to be days on which the worker has worked in any 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.
(9) The leave admissible under this section 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 for the period of his leave earned under sub-sections (3) and (4)
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. Health and safety of workers. — (1) Every employer shall take such measures relating to
the health and safety of the workers including cleanliness, lighting, ventilation and prevention of fire as
may be prescribed.
(2) Every employer shall be responsible for provi ding constant adequate supervision of the
workers employed in the 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.
20. First-aid.— Every employer shall provide at the place of work first -aid facilities as may be
prescribed.
21. Drinking water.— The employer shall make effective arrangements to provide and maintain
at suitable points conveniently situated for all persons employed in the establishment, a sufficient
supply of wholesome drinking water.
22. Latrines and urinals.— The 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 establishment :
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Provided that, several employers may provide common facilities of latrines and urinals, in case it
is not possible, in an establishment due to constraint in space or otherwise.
23. Creche facility.— In every establishment wherein fifty or more workers are employed, there
shall be provided and maintained a suitable room or rooms as crèche for the use of children of such
workers :
Provided that, if a group of establishments, so decide to provide a common crèche within a radius
of one kilometre, then, the same shall be permitted by the Chief Facilitator, subject to such conditions
as may be specified in the order.
24. Canteen.— The State Government shall require the employer to provide and maintain in the
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 establishments, so decide to provide a common canteen, then the
same shall be permitted by the Chief Facilitator by an order, subject to such conditions as may be
specified in the order.
25. Maintenance of registers and records. — (1) Every employer shall maintain such registers
and records, as may be prescribed.
(2) The records may be maintained electronically or manually :
Provided that, at the time of inspection by a Facilitator, 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 sh all on demand produce for inspection of
Chief Facilitator and Facilitators 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 establishments to which
they relate.
26. Annual Return. — The employer of an establishment shall furnish an annual return, in such
a form and in such manner (including electronic form), to such authority as may be prescribed.
CHAPTER VI
ENFORCEMENT AND INSPECTION
27. Provisions for handing over enforcement of Act to local authorities. — Notwithstanding
anything contained in this Act, the State Government may, from time to time, by notifi cation in the
Official Gazette, without the necessity of giving any further notice or reasons, declare that any local
authority or authorities or class of local authorities specified in such notification shall perform the duty
of enforcing the provisions of this Act from a date specified in that notification. From such date, it shall
be the duty of that local authority to enforce the provisions of the Act, in respect of the areas subject to
the jurisdiction of such local authorities, subject to such supervi sion of the State Government, as may
be prescribed.
28. Appointment of Chief Facilitator and Facilitators and their powers. — (1) The State
Government may, by notification in the Official Gazette , appoint a Chief Facilitator who shall, in
addition to the powers conferred on a Chief Facilitator under this Act, exercise the power of a
Facilitator throughout the State.
(2) The State Government may, by notification in the Official Gazette, appoint such persons who
possess such qualification as may be prescribed, to be the Facilitator or Facilitators, for the purposes of
this Act, and may assign to them such local limits as it may think fit.
(3) The State Government may prescribe a scheme for randomize inspection of establishments
which shall provide for generation of a web-based inspection schedule.
14 The Maharashtra Shops and Establishments [2017 : Mah. LXI
(Regulation of Employment and Conditions of Service)
Act, 2017
(4) Subject to such conditions as may be prescribed, a Facilitator may, within the local limits for
which he is appointed—
(i) advice the employers and wo rkers and provide them such information as may be
considered necessary for complying with the provisions of this Act effectively ;
(ii) inspect the establishment 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 an 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 of the establishment and whom,
the Facilitator has reasonable cause to believe, is a worker of the establishment;
(d) require any person to give any information, which is in his power to give 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 the Facilitator may consider relevant in respect of an offence under this Act and
which the Facilitator has reason to believe has been committed by the employer;
(f) bring to the notice of the State Government defects or abuses not covered by the
law for the time being in force; and
(g) exercise such other powers, as may be prescribed :
Provided that, no person shall be compelled under this section to answer any questio n
or give any evidence tending to incriminate himself.
(5) The Chief Facilitator shall apart from exercising all the powers and functions of the Facilitator
control and supervise the functioning to the Facilitator and may assign or reassign the area of wo rk of
the Facilitator subject to the jurisdiction of the local area.
(6) Any person required to produce any document or to give any information required by Chief
Facilitator and Facilitator appointed under sub-sections (1) and (2) shall be deemed to be legally bound
to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860).
(7) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be,
apply to the search or seizure under sub -clause (e) of clause (ii) of sub-section (4) as they apply to the
search or seizure made under the authority of a warrant issued under section 94 of the said Code.
(8) Every Chief Facilitator and Facilitators appointed under sub -sections ( 1) and ( 2) shall be
deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
CHAPTER VII
OFFENCES AND PENALTIES
29. Penalty for contravention of provisions of this Act. — (1) Whoever , contravenes the
provisions of this Act or the rules made thereunder shall be 1[liable to penalty which may extend to one
lakh rupees and in case of continuing contravention, with an additional penalty which may extend to
two thousand rupees for every day during which such contravention continues]:
1 These words were substituted for the portion beginning with the words “punishable with fine” and ending with the words
“such contravention continues” by Mah. 56 of 2025, s. 2, Schedule-I, Sr. No. 7.
2017 : Mah. LXI] The Maharashtra Shops and Establishments 15
(Regulation of Employment and Conditions of Service)
Act, 2017
Provided that, the total amount of 1[penalty] shall not exceed two thousand rupees per workers
employed.
2[(2) If any person is found to have committed second or subsequent contraventions under
sub-section ( 1), then he is liable to penalty which may exten d to two lakh rupees for such
contravention:
Provided that, the total amount of penalty shall not exceed two thousand rupees per worker
employed.]
30. Penalty for contravention of provisions of this Act which resulted in accident. — Save as
otherwise expressly provided in this Act, where an employer on being held 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 convic tion, be punished with
imprisonment which may extend to six months, or with fine which shall not be less than two lakh
rupees and which may be extended to five lakh rupees, or with both.
31. Penalty for obstructions or refusal to provide register, etc. — (1) Whoever, wilfully
obstructs the Facilitator in exercise of any powers conferred on him by or under this Act or refuses or
wilfully neglects to afford a Facilitator any reasonable facility for making any inspection, examination,
inquiry or investigation authorized by or under this Act in relation to an establishments, 3[shall be
liable to penalty which may extend to two lakh rupees].
(2) Whoever, wilfully refuses to produce on the demand of a Facilitator 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, a Facilitator acting in pursuance of his duties under this Act, 4[shall be liable to penalty
which may extend to two lakh rupees]:
Provided that, total amount of 5[penalty] shall not exceed two thousand rupees per worker
employed.
6[31A. Adjudication.— (1) The State Government, for the purposes of determining and imposing
penalties under any provisions of this Act, or any rules made thereunder, may appoint an officer not
below the rank of Government Labour Officer to be the adjudicating officer, to hold an inquiry and
impose a penalty in the manner as may be prescribed:
Provided that, the State Government may appoint as many adjudicating officers as may be
required.
(2) The adjudicating officer may summon and enforce the attendance of any person acquainte d
with the facts and circumstances of the case to give evidence or to produce any document, which in the
opinion of the adjudicating officer, may be useful for, or relevant to, the subject matter of the inquiry
and if, on such inquiry, he is satisfied that the person concerned has failed to comply with any
provisions of this Act, or any rules, made thereunder, he may impose a penalty:
Provided that no such penalty shall be imposed without giving the person concerned a reasonable
opportunity of being heard.
31B. Appeal.— (1) Whoever is aggrieved by the order, passed by the adjudicating officer under
section 31A, may prefer an appeal to an officer not below the rank of Deputy Commissioner of Labour,
1 This word was substituted for the word “fine” by Mah. 56 of 2025, s. 2, Schedule-I, Sr. No. 7.
2 Sub-section (2) was substituted by Mah. 56 of 2025, s. 2, Schedule-I, Sr. No. 7.
3 These words were substituted for the words “shall, on conviction, be punished with fine which may extend to two lakh
rupees” by Mah. 56 of 2025, s. 2, Schedule-I, Sr. No. 7.
4 These words were substituted for the words “shall, on conviction, be punished with fine which may extend to two lakh
rupees” by Mah. 56 of 2025, s. 2, SExcerpt shown. Open the full act in Lexace.