LexThe Uttrakhand Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
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The Uttrakhand Shops and Establishments (Regulation of Employment and
Conditions of Service) Act, 2017
[Uttarakhand Act no 03 of 2018]
An
Act
to regulate, amend and consolidate the law relating to the regulation s of conditions of
work and employment in the shops and establishments and for matters connected therewith or
incidental thereto,
Be it enacte d by the State Legislature of the Uttarakhand State in the Sixty -eighth Year
of the Republic of India as follows:-
Chapter 1
Preliminary
Short title,
extent and
Commencement
1 (1) This Act may be called the Uttarakhand Shops and Establishments
(Regulation of Employment and Conditions of Service) Act,
2017.
(2) It shall come into force to the shops and establishments employed
to the ten or more employees .
(3) It shall come into for ce on such date, as the Governmen t may, by
notification in the Official Gazette appoint.
Definitions 2 In this Act, unless the context requires otherwise,-
(a) “Chief Facilitator” means the Chief Facilitator app ointed as
such under sub-section (1) of section 17 of the Act;
(b) “day” means the period of twenty -four hours beginning at
midnight;
(c) “employer” means a person owning or having ultimate control
over the affairs of shop or an establishment, and includes,—
(d) (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 shop and 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 shop or establishment by the
Central Government or the State Government or the local
authority, as the case may be;
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(e) “establishment” means such cam pus who is not campus of
such any factory or any shop -
(i) to whom the work is done of any trade business, construction
or concerning to them or their incidental or any assistant
work of them or any work of journalism or publication or
banking, insurance, stock, share, commission of a broker or
work of produce; or
(ii) to whom the work is done for any theatre, cinema or public
entertainment of any other work, to whom provisions of the
Factories Act, 1948 does not apply.
(f) ‘Notification” means published notification in the gazette.
(g) “prescribed” means prescribed by rules made under this Act;
(h) “shop” means any premises where any trade or business is
carried on or where services are rendered to customers and
includes offices, store -rooms, godowns, sale -depots or wa re-
houses, whether in the same premises or otherwise, used in
connection with such trade or business but does not include a
commercial establishment or a shop attached to a factory
where the persons employed in the shop are allowed the
benefits provided for workers under the Factories Act, 1948;
(i) "State” means the state of Uttarakhand;
(j) "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, express 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 order of a Court;
(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 (whether called a bonus or by any other
name); (iv) any su m 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, but does
not provide for the time within whi ch the pa yment is to be
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made;
(v) any sum to which the person employed is entitled under
any scheme framed under any law for the time being in
force;
(vi) house rent allowance.
but does not include—
(a) any bonus (whether under a scheme of profit sharing or
otherwise) 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 order of a Court;
(b) the value of any house -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 of the State Government;
(c) any contribution paid by the employer to any pension or
provident fund, and the interest which ma y have accrued
thereon;
(d) any travelling allowance or the value of any travelling
concession;
(e) any sum paid to the employed person to defray special
expenses entailed on him by the nature of his employment;
or
(f) any gratuity payable on the termin ation of employment in
cases other than those specified in sub-clause (d).
(j) “week” means the period of seven days beginning at midnight of
Saturday;
(k) “worker” means any person (except an apprentice under the
Apprentices Act, 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.
Act not to apply
to certain
establishments
and persons
3. (1) The provisions of this Act shall not apply to,—
(a) Any employee holding the post of secret, management or
supervisory nature in any shop or any establishment;
(b) such any employee which work is inter connection internal;
(c) office of the Government or any local authority;
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(d) offices of Reserve Bank of India;
(e) any shop or establishment used for patient, handicapped,
without shelter or treatment of mental patient; and
(f) any member of the family of any employer.
(2) A list of the employees referred to in clause (a) of sub -section (1)
shall be displayed at a conspicuous place in the shop or
establishment and a copy thereof shall be sent to the Facilitator
concerned.
4. Nothing contained in this Act shall adversely affect any right or
privilege to which any employee may be entitled, on the date on which
this Act begins to apply to him, under any law, award, agreement,
contract, custom or usage, in force on that date.
Chapter -2
Registration and issue of labour identification number
Registration of
shops and
establishment
and issue of
labour
identification
number
5. (1) On the commencement of this Act every shop or establishment
employed ten and more employees on such date of commencement
or that date to whom such shop or establishment is in affect within
the period of six months shall appl y for the registration and shall
get labour identification number.
(2) Every shop and establishment employed ten or more employees
certain persons and campus to non application of the Act shall
apply for registration in such form and procedure as may be
prescribed.
(3) The authority nominated in sub -section (2) on the receipt of
application under sub section (2) shall registered to the shop or
establishment and labour identification number shall issued in such
form as may be prescribed.
(4) Notwithstandin g anything in this section the registered shops and
establishments shall be deemed registered for the purposes of this
Act under the E mployees State Insurance Act, 1948 or under the
rules, regulations and scheme made thereunder;
Provided that such shops and establishment within the
period of six months from the commencement of this Act shall get
labour identification number in such procedure as may be
prescribed.
Chapter-3
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Duties of the employer
Prohibition of
discrimination
against woman
worker
6. (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 to work in shops
or establishment except between the hours of 6 a .m. and 9 -00
p.m. :
Provided that, the woman worker with her consent,
shall be allowed to work during 9-00 p.m. and 6-00 a.m. in shops
or any establishment in which adequate protection of their
dignity, honour and safety, protection from sexual harassment
and their transportation from the shop or establishment to the
doorstep of their residence as may be prescribed are provided by
the employer or his authorised representative or manager or
supervisor.
Health and
safety of
workers
7. (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 providing constant
adequate supervision of the workers employed in the shop or
establishment and to ensure the compliance with the rules relating
to health and safety made under subsection (1) and for taking steps
necessary to prevent accidents.
Decide and
extension to
hours of work
8 (1) Subject to the other provisions of this Act, no adult worker shall be
required or allowed to work in shop or an 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, the working hours or weekly holiday may
be relaxed in case of work of urgent nature with the previous
permission of the Facilitator.
(2) The spread-over of a worker in shop or an 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.
(3) Where a w orker in shop or an 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 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
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months.
(4) The State Government shall made following rules-
(a) to fix number of that hours of work subject to sub section (1) in
which for the employed employee in the shop or establishment with
the specified one or more periods shall be constitute of general
working day;
(b) to provide of such day of rest in every duration of seven days
who shall be get all employed employee to the shop or
establishment and to made provisions of payme nt of remuneration
for such days of rest.
(5) The provisions of sub section (1) and sub section (2) shall be
applicable subject to the only that extension and such conditions in
relation of following categories of employed employees in such
shop or establishment as may be prescribed, namely-
(a) the working employees in most urgent work or any emergency
which prior guess is not possible or cannot be prevent;
(b) the working employees in the initial nature or supplementary
work in which to be made necessar ily before or after the general
hours of mentioned work in the rules;
(c) the working employees in such work who is made complete
before the ending of days for technical causes;
(d) the working employees shall not be made except the time
depend on uncontrolled proceedings for the natural powers; and
(e) most competent employees who is working in the shop or
establishment of any information technology, bio -technology and
research and development section.
Wages for
overtime.
9 Where a worker in shop or an 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 twice his
ordinary rate of wages, as may be prescribed.
Changes in the
period of work
and rest
10. (1) A department or any section of a department of the shop or
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.
(2) Shop or 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
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of rest.
(3) If a worker is denied week ly 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 well in advance to all workers in
writing and shall be sent to the Facilitator 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.
Chapter -4
Holiday and leave
Annual leave,
Casual leave and
leave on medical
and other leave
11. (1) Every worker shall be allowed a weekly holiday with wages;
Provided that the State Government may appoint different
days for different rates or areas of the shops and establishments as a
weekly vacation by the notification.
(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.
(3) Every worker who has worked for a period of two hundred and
forty days or more in shop or 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 performed b y him during the
previous calendar year.
(4) Every worker shall be permitted to accumulate earned leave upto a
maximum of forty-five days.
(5) Where the employer refuses to sanction the leave due when applied
fifteen days in advance, then the worker shall have a right to encash
leave in excess of forty-five days:
Provided that, if a worker is entitled to leave other than
causal and festival leave 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 on account of
retirement, resignation, death or permanent disability, the employer
shall pay him full wages for the period of leave due to him.
(6) A worker shall be entitled to 8 paid festival holid ays in a calendar
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year, namely, 26th January, 1st May, 15th August and 2nd October
and 5 such other festival holidays as may be agreed to between the
employer.
(7) 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;
(b) in the case of a woman worker, maternity leave as provided for in
the Maternity Benefits Act, 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 temporary 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 an yshop
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.
(8) The leave admissible under sub -section (3) shall be exclusive of all
holidays whether occurring during or either at the end of the period
of leave.
Chapter-5
Welfare Provisions
Drinking water 12. The employer shall make effective arrangements to provide and
maintain at suitable points conveniently situated for all persons
employed in the shop or establishment, a sufficient supply of
wholesome drinking water.
Latrines and
urinals
13. 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 shop or
establishment :
Provided that, several employers may provide common
facilities of latrines and urinals, in case it is not possible, in shop or
establishment due to constraint in space or otherwise.
Children’s ho me
facility
14. In every shop or establishment wherein fifty or more workers are
employed, there shall be provided and maintained a suitable room or
rooms as children’s home for the use of children of such workers :
Provided that, if a gr oup of shop or establishments, so
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decide to provide a common children’s home within a radius of one
kilometer, then, the same shall be permitted by the Chief Facilitator,
subject to such conditions as may be specified in the order.
First-aid 15 Every employer shall provide at the place of work first -aid facilities as
may be prescribed.
Cafeteria 16. The State Government shall require the employer to provide and
maintain in the establishment, wherein not less than one hundred
workers are employed or ordina rily 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 su ch conditions as may be
specified in the order.
Chapter -6
Facilitator and their powers and duties
Appointment of
Chief Facilitator
and Facilitators
and their powers
17. (1) The State Government may, by notification in the Official Gazette,
appoint suc h 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;
Provided that the State Government may, b y 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 powers of a Facilitator throughout the State.
(2) The State Government may prescribe a s cheme for randomize
inspection of shop and establishments which shall provide for
generation of a web based inspection schedule.
(3) Every Chief Facilitator and Facilitators appointed under sub -
sections (1) shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code and shall be
subordinate of such authority as a Government as may be
specified for this purpose by the State Government.
(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 workers and provide them such
information as may be considered necessary for complying with
the provisions of this Act effectively;
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(ii) inspect the establishment in accordance with the sch eme for
inspection referred to in sub-section (2), and may—
(a) 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;
(b) require any person to give any information, which is in his power
to give with respect to the names and addresses of the persons;
(c) 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;
(d) ring to the notice of the State Government defects or abuses not
covered by the law for the time being in force; and
(e) 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.
(5) Any person required to produce any document or to give an y
information required by Facilitator appointed under sub -sections
(4) shall be deemed to be legally bound to do so within the
meaning of sections 175 and 176 of the Indian Penal Code.
(6) The provisions of the Code of Criminal Procedure, 1973 shall, so
far as may be, apply to the search or seizure under sub -clause (c)
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.
Chapter 7
Records and Return
Maintenance of
registers and
records
18 (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 Facil itator, a
hard copy of such records if demanded, shall be submitted duly
signed by the employer or his representative.
Annual Return 19 The employer of Shop and establishment shall furnish an annual
return, in such a form and in such manner (including ele ctronic form),
to such authority as may be prescribed.
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Chapter 8
Offences and Penalties
Penalty for
contravention of
provisions of
this Act
20 (1) Whoever, contravenes the provisions of this Act or the rules made
thereunder shall be punishable with fin e which may extend to two
lakh rupees and in the case of a continuing contravention, with an
additional fine which may extend to two thousand rupees for every
day during which such contravention continues :
Provided that, the total amount of fine shall not exceed two
thousand rupees per workers employed.
(2) If any person who has been convicted of any offence punishable
under sub -section (1) is again guilty of an offence involving a
contravention or failure of compliance of the same pro vision, he
shall be punished on a subsequent conviction with fine of rupees
not less than one lack and which may extend to five lack rupees .
1{Penalty for
contravention of
provisions of
registration etc.
of this Act
21 Save as otherwise expressly provid ed 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
conviction, be punished with fine which shall not be less than two lakh
rupees and which may be extended upto tem lakh rupees.}
Penalty for
obstructions or
refusal to
provide register,
etc.
22. (1) Whoever, wilfully obstructs the Facilitator in exercise of any
powers confer red 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,
shall, on conviction, be punished with fine 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 t o
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,
shall, on conviction, be punished with fine which may extend to
two lakh rupees :
Provided that, total amount of fine shall not exceed two
thousand rupees per worker employed.
----------------------------------------
1- Subs. by section 2 of Uttarakhand Act no 12 of 2022.
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Cognizance of
offences
23 (1) No Court shall take cognizance of any offence punishable under
this Act and the rules made there under unless a complaint in
respect thereof is made by the Facilitator within three months of
the date on which the alleged commission of the offence came to
the knowledge of the Facilitator :
Provided that, where the offence consists of disobeying a
written order made by a Facilitator, complaint thereof may be
made within six months of the date on which the offence is
alleged to have been committed.
(2) No Court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the First Class shall try any offence
punishable under this Act or the rules made there under.
Compounding
of offences
24. (1) Any offence punishable under th is 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 a Gazetted Officer, as the St ate Government
may, by notification, 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;
(b) of commission of 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 manner as may be prescribed.
(5) Where any offence is compounde d 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
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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 (1), shall be liable to pay a sum
equivalent to twenty per cent. 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 9
Miscellaneous
Protection of
action taken
in good faith
25. No suit, prosecution or legal proceedings shall lie against any person
for anything which is in good faith done or intended to be done under
this Act.
Power to
exempt
26. The State Government may, by notification in the Official Gazette,
exempt from the op eration of all or any of the provisions of this Act
or rules, shop or establishment or class thereof or any employer or
worker or person or class of employers or workers or persons to
whom this Act applies for any period on such terms and conditions,
as it may thinks fit.
Not in
derogation of
other laws
27 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 of this Act.
Power to
make rules
28 (1) The State Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing powers, the State Government may make rules
regarding all or any of the following matters; namely-
(a) Authority, form and procedure in which application shall be made
under sub section (2) of section 5, labour identification number
under sub section (3) and the procedure of getting labour
identification number under sub-section (4);
(b) Measurement to be made by the employer in relation to health and
safety (in which sanitary, light, air and prevention of fire is also
include) of the employees under sub section (1) section 7;
(c) Matters provided by the rules under sub section (4) of section 8;
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(d) The conditions under sub section (5) of section 8, in which certain
categories of employees the sub section (1) and (2) of that section
shall be applicable;
(e) The rate of highest amount of wages under section 9;
(f) The provisions of sufficient toilet and urinal under section 13 and
provisions of elementary treatment facility under section 15;
(g) The qualification of Facilitator under sub section (1) of section 17,
such conditions in which the Facilitator shall be exercised his
powers under sub section (4) and perform duties under sub
clause (e) of clause (u) of sub section (4);
(h) The register and records maintained by employer under sub
section (1) section 18.
(i) The form and procedure given in annual report (in which as
electronic is also include) and that authority such details shall be
given;
(j) The procedure of compounding under sub section (1) of section 24
and the forms and procedure of application for such
compounding under sub section (4);
(k) any other matters which is or may be prescribed;
(3) Every rule made under this Act shall be laid, as soon as may be,
after it is made, before each House of the State Legislature
Power to
remove
difficulties
29 (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 :
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 each Hou se of the State
Legislature.
Repeal and
Savings
30 (1) The Uttar Pradesh Uttar Pradesh Dookan aur Vanijya Adhishthan
Adhiniyam, 1962 (as applicable to the State of Uttrakhand and to
the context of the State of Uttarakhand), is hereby repealed.
(2) Notw ithstanding such repeal anything done or any action taken
- 15 -
under the said Act shall be deemed to have been done or taken
under this Act is not in consistent of the provision of this Act.
(3) The details of special matters in this section for the purpose of
affect of this repeal shall not be determined contradictory of
general use or affected to him of the provision of section 6 of the
General Clauses Act, 1897.