bombay op act

7/31/2019 Bombay Op Act

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Presented By

Sachin Dhanke


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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 andemployment 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.


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This law may be called as Bombay Shops and

Establishments Act 1948

This law is applicable in all commercial establishment

like restaurant, hotels, Hospital, grocery shop, salone

etc.

It extends to the whole of the state of Maharashtra.

The first Shop Act of the State was enacted in 1939.

It shall in the first instance come into force in the all

local areas of the state.


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It applies to all local areas specified in Schedule-I

Establishment means any establishment to which theAct applies and any other such establishment to

which the State Government may extend the

provisions of the Act by notification

Employee means a person wholly or principally

employed whether directly or through any agency,

whether for wages or other considerations in

connection with any establishment

Member of the family of an employer means, the

husband, wife, son, daughter, father, mother,

brother or sister and is dependent on such employer


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Form-A or Form-B (as the case may be) {Section 7(2)(a), Rule 5}

Before 15th December of the calendar year, i.e. 15 days before the expirydate

The employer has to submit these forms to the authority notified along

with the old certificate of registration and the renewal fees for minimumone years renewal and maximum of three years renewal

Form-E (Notice of Change) {Rule 8}

Within 15 days after the expiry of the quarter to which the changes relatein respect of total number of employees qualifying for higher fees asprescribed in Schedule-II and in respect of other changes in the originalstatement furnished within 30 days after the change has taken place.(Quarter means quarter ending on 31st March, 30th June, 30th Septemberand 31st December)


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Visit Book

This shall be a bound book of size 7 x 6 containing atleast

100 pages with every second page consecutively numbered,

to be produced to the visiting Inspector on demand. The

columns shall be:

Name of the establishment or Employer

Locality

Registration Number Date and

Time


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Form-A {Rule 5}

Register showing dates of Lime Washing etc

Form-H, Form-J {Rule 20(1)} (if opening & closing hours are ordinarily uniform)

Register of Employment in a Shop or Commercial Establishment

Form-I {Rule 20(3)}, Form-K (if opening & closing hours are ordinarily uniform)

Register of Employment in a Residential Hotel, Restaurant, Eating-House, Theatre, orother places of public amusement or entertainment

Form-M {Rule 20(4)}

Register of Leave This and all the above Registers have to be maintained by theEmployer


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Form 'A': This form is prescribed for registration of the

Establishment under Bombay Shops & Establishment Act, 1948.

Registration is made under Sec 7(1)(4) of the said act.

Form 'B': This is prescribed for the periodical renewal of

registration certificate say for one year or three at a time. Renewal

is made under sec 7(2A) of the Bombay Shops and Establishment

Act

Form 'E': This form is prescribed for making any subsequent change

in the information already submitted in form 'A'.

The Registration Certificate is generally valid up to the end of thecalendar year for which it is granted under Sec. 7(2A) it is required

to get every Registration Certificate renewed for next calendar

year fifteen days before the date of expiry of Registration

Certificate in hand by submitting prescribed form 'B' along with

prescribed renewal fees to the concerned Shop Inspector.


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As per Sec. 7(2B), the renewal of Registration Certificate can be

made for 3 calendar years at a time at the option of the

employer by paying requisite for that period. In such cases the

Registration Certificate shall be valid upto the end of 3rd

calendar year including and from the year to which it is granted

or renewed as the case may be.

If the renewal application is not made within the periodprescribed but it is made within thirty days after the date of

expiry of Registration Certificate or the renewed Registration

Certificate as the case may be, then in such cases an additional

fee as late fee equal to half of the fee payable for normal

renewal of Registration Certificate is charged .


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During the course of enforcement the inspectors have to visit various

establishments and to detect breaches of the provisions of the Act and

rules framed there under and to launch prosecutions on defaulters

accordingly.

The major breaches of the provisions of the Act consist of non-

registration, non-renewal, opening of establishment before prescribed

hours, closing of establishments later than prescribed hours, exceeding

total hours, continuous work without rest interval, spread over, not

granting privilege leave, keeping establishment open on weekly closed

day, calling employees for work on their weekly offs, employing female

employees after prescribed hours, employing child labour, not providing

Identity Cards to certain class of employees, not paying wages as per

rates prescribed under Minimum Wages Act. etc.

The major of breaches of the provisions of rule are of the nature ofprocedural lapses. Viz. Not maintaining prescribed register of

employment, leave register, visit book, lime washing register, not

providing leave book to the employees or not making suitable entries

therein, not producing requisite record register, notices for inspection

on demand, not displaying name board in Marathi in Devnagari Script

etc.


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Generally the following Registers/ records/ notices etc. are to be kept

by the different categories Register of Employment

Employers of Shop or Commercial Establishment ---- In prescribed form

H or J as the case may be. Register of leave in form M Leave Book

in form N Notice in form L specifying the days of holidays. To maintain a Muster-Roll Cum-Wage Register as laid down under Rule

27(1) of Maharashtra Minimum Wages Rules 1963.

Notify to the Sr. Inspector (Shops & Establishments) at the beginning of

the every calendar year regarding list of closed day of the respective

year.

The employer has to provide Identity Cards to the certain class of

employees.

The Employer has to apply for seeking permission to maintain

computerized records

The employer also has to obtain permission for ladies working beyond

8.30 p.m. under Sec 33 of the Act. (However as per the notificationdated June 2002, Government has waived such conditions with respect

to certain class of industries including CALL CENTRES.

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