THE BOMBAY SHOPS THE BOMBAY SHOPS AND ESTABLISHMENTS AND ESTABLISHMENTS

ACT,1948ACT,1948

INTRODUCTIONINTRODUCTION The Bombay Shops & Establishments Act,1948 is applicable to The Bombay Shops & Establishments Act,1948 is applicable to

regulate the service condition, working hours, leaves, weekly offs etc., regulate the service condition, working hours, leaves, weekly offs etc., of those who work in shops, commercial establishments, residential of those who work in shops, commercial establishments, residential hotels, theatres and other places of public amusements etc.hotels, theatres and other places of public amusements etc.

Employees working in shops & commercial establishments had no Employees working in shops & commercial establishments had no protection in respect of working conditions.protection in respect of working conditions.

An attempt was made in the year 1935 but it was not favoured by the An attempt was made in the year 1935 but it was not favoured by the then govt. The govt. itself carried out investigations, as a result the then govt. The govt. itself carried out investigations, as a result the provincial Govt. of Bombay passed an Act namely the Bombay shops provincial Govt. of Bombay passed an Act namely the Bombay shops & Establishment Act,1939. It was the first place of legislation which try & Establishment Act,1939. It was the first place of legislation which try to regulate the working conditions.to regulate the working conditions.

There after the govt. conducted a survey in order to know the There after the govt. conducted a survey in order to know the improvement in working conditions & it was found that the employee improvement in working conditions & it was found that the employee were exploited.were exploited.

The govt. appointed a committee under the chairmanship of The govt. appointed a committee under the chairmanship of Mr.Shantilal Shah to make an enquiry in the working of the Act.Mr.Shantilal Shah to make an enquiry in the working of the Act.

The committee submitted report on 31The committee submitted report on 31stst Dec 1947 & suggested Dec 1947 & suggested certain recommendations in order to improve the working conditions.certain recommendations in order to improve the working conditions.

On 13On 13thth of Oct. 1948 the govt. passed a bill & received Governor of Oct. 1948 the govt. passed a bill & received Governor General’s assent on 11General’s assent on 11thth Jan. 1949.The Act came into force on the Jan. 1949.The Act came into force on the same date & it came to be known as thesame date & it came to be known as the “Bombay shops & “Bombay shops & Establishments Act, 1948”Establishments Act, 1948”

VARIOUS ESTABLISHMENTS VARIOUS ESTABLISHMENTS UNDER THE ACTUNDER THE ACT

ShopsShops Commercial establishmentsCommercial establishments Residential hotelsResidential hotels RestaurantsRestaurants Eating housesEating houses TheatresTheatres Other establishments as specified under Other establishments as specified under

the Actthe Act

OBJECTOBJECT

The main object of the Act is to regulate The main object of the Act is to regulate the working conditions of the people the working conditions of the people employed in various establishments & employed in various establishments & also to protect them from exploitation. also to protect them from exploitation. The Act is a social security legislation. The Act is a social security legislation.

Its main concern is hygienic & health-Its main concern is hygienic & health-aid welfare of the people employed in aid welfare of the people employed in various establishments.various establishments.

SCOPESCOPE It extends to whole of Maharashtra.It extends to whole of Maharashtra. It shall in the first instance come into force in It shall in the first instance come into force in

the local areas specified in the schedule.the local areas specified in the schedule. The State Govt. may direct that all or any of The State Govt. may direct that all or any of

the provisions shall come into force in such the provisions shall come into force in such other local areas having population of 25,000 other local areas having population of 25,000 or more.or more.

The State Govt. may also direct all or any of The State Govt. may also direct all or any of the provisions shall come into force in such the provisions shall come into force in such local areas having population less than 25,000.local areas having population less than 25,000.

APPLICATIONAPPLICATION Section 5 deals with the application of the Section 5 deals with the application of the

Act to the other establishments & Act to the other establishments & persons.persons.

The State Govt. by notification in Official The State Govt. by notification in Official Gazette, declare any establishment or Gazette, declare any establishment or person or class of persons to whom this person or class of persons to whom this Act does not apply, to be an Act does not apply, to be an establishment or person or class of establishment or person or class of persons to whom this Act thereof shall be persons to whom this Act thereof shall be applicable with such modification & from applicable with such modification & from such date as may be specified in the such date as may be specified in the notification.notification.

DEFINITIONSDEFINITIONS

COMMERCIAL COMMERCIAL ESTABLISHMENT [SEC. 2(4)]ESTABLISHMENT [SEC. 2(4)]

The organisation to be called as commercial establishment must The organisation to be called as commercial establishment must possess two things:-possess two things:-

A. It must be an organised activity for carrying on business A. It must be an organised activity for carrying on business trade or trade or profession.profession.

B. such activity must be carried on in a commercial manner.B. such activity must be carried on in a commercial manner. Such commercial establishments include any- Such commercial establishments include any- 1. Legal practitioner1. Legal practitioner 2. medical practitioner2. medical practitioner 3. Architect3. Architect 4. Engineer4. Engineer 5. Accountant5. Accountant 6.Tax consultant6.Tax consultant 7. Other technical or professional consultant7. Other technical or professional consultant 8. All charitable & other trust8. All charitable & other trust Any establishment which carries on any trade, profession or Any establishment which carries on any trade, profession or

business, whether for the purpose of gain or not.business, whether for the purpose of gain or not.

ESTABLISHMENT [SEC. 2(8)]ESTABLISHMENT [SEC. 2(8)] Means a shop, commercial Means a shop, commercial

establishment, residential hotel, establishment, residential hotel, restaurants, theatres, or other places restaurants, theatres, or other places of public amusement to which this Act of public amusement to which this Act applies.applies.

The State Govt. is empowered to The State Govt. is empowered to declare any other establishment to be declare any other establishment to be a establishment for the purpose of a establishment for the purpose of this Act by giving notification.this Act by giving notification.

SHOPS [SEC. 2(27)]SHOPS [SEC. 2(27)] Where goods are sold to the customers, Where goods are sold to the customers,

sales may be wholesale basis or retail, or sales may be wholesale basis or retail, or services are rendered to a customer.services are rendered to a customer.

Such shops include offices, store-rooms, Such shops include offices, store-rooms, godown, warehouse or work place.godown, warehouse or work place.

It dose not include factories, commercial It dose not include factories, commercial establishments, residential hotels, establishments, residential hotels, restaurants, theatres & other places of restaurants, theatres & other places of public amusement.public amusement.

REGISTRATION OF REGISTRATION OF ESTABLISHMENT [SEC. 7-9]ESTABLISHMENT [SEC. 7-9]

SEC.7 :-SEC.7 :- Registration of Registration of establishment.establishment.

SEC.8 :-SEC.8 :- Changes to be communicated Changes to be communicated to to the inspector. the inspector.

SEC.9 :-SEC.9 :- Closing of establishment to Closing of establishment to be be communicated to the communicated to the inspector.inspector.

SEC.7SEC.7 SEC.7(1) :-SEC.7(1) :- Within the period specified in Within the period specified in

sec.7(4) i.e. within 30 day from the date sec.7(4) i.e. within 30 day from the date mentioned in column 2, the employer of every mentioned in column 2, the employer of every establishment shall send to the Inspector of the establishment shall send to the Inspector of the local area concerned a statement in the local area concerned a statement in the prescribed form together with such fees as may prescribed form together with such fees as may be prescribed.be prescribed.

1.The name of the employer & the 1.The name of the employer & the manager.manager.

2.The postal address of the establishment.2.The postal address of the establishment.3.Name, if any, of the establishment.3.Name, if any, of the establishment.4.Category of the establishment (shop, 4.Category of the establishment (shop, theatre, hotel, etc) theatre, hotel, etc) 5.Other particulars as may be prescribed.5.Other particulars as may be prescribed.

SEC.7(2) :-SEC.7(2) :- On receipt of the statement & fees, the On receipt of the statement & fees, the Inspector shall, on being satisfied about correctness Inspector shall, on being satisfied about correctness of the statement, register the establishment in a of the statement, register the establishment in a prescribed form & issue a registration certificate to prescribed form & issue a registration certificate to the employer that has to be displayed at the the employer that has to be displayed at the establishment.establishment.

SEC.7(2A) :-SEC.7(2A) :- A registration certificate shall be valid A registration certificate shall be valid upto the end of the year for which it is granted. An upto the end of the year for which it is granted. An application for the renewal shall be submitted not application for the renewal shall be submitted not less than 15 days from the date of expiry of the less than 15 days from the date of expiry of the registration & it shall be accompanied by such fees registration & it shall be accompanied by such fees & the renewed registration certificate shall be in & the renewed registration certificate shall be in such form as may be prescribed.such form as may be prescribed.

SEC.7(2AA) :-SEC.7(2AA) :- If the application is submitted after If the application is submitted after expiry but within 30 days after the date of expiry of expiry but within 30 days after the date of expiry of the registration certificate , such application shall the registration certificate , such application shall be accompanied by an additional fees as late fees be accompanied by an additional fees as late fees that is equal to 50% of the fee payable for renewal that is equal to 50% of the fee payable for renewal of a registration.of a registration.

SEC.7(2B) :-SEC.7(2B) :- Any registration certificate Any registration certificate granted or renewed under sub-sec(2) may granted or renewed under sub-sec(2) may at the option of the employer be granted at the option of the employer be granted or renewed for a period of 3 yrs on or renewed for a period of 3 yrs on payment of the fees for that period.payment of the fees for that period.

SEC.7(3) :-SEC.7(3) :- In the event of any doubt or In the event of any doubt or difference of opinion between the difference of opinion between the employer & the Inspector, the Inspector employer & the Inspector, the Inspector shall refer the matter to the prescribed shall refer the matter to the prescribed authority & after proper enquiry it shall authority & after proper enquiry it shall decide the category of such establishment.decide the category of such establishment.

SEC.7(4) :-SEC.7(4) :- Within 30 days from the day Within 30 days from the day mentioned in the application, the mentioned in the application, the statement together with the fees shall be statement together with the fees shall be sent to the Inspector.sent to the Inspector.

SEC.8SEC.8 It relates to change in respect of any of the It relates to change in respect of any of the

particulars contained in the statement particulars contained in the statement submitted for getting registration certificate.submitted for getting registration certificate.

It states that, “it shall be the duty of an It states that, “it shall be the duty of an employer to notify to the Inspector in the employer to notify to the Inspector in the prescribed form, any change in any of the prescribed form, any change in any of the particulars contained in the statement. The particulars contained in the statement. The Inspector on receiving such notice & the Inspector on receiving such notice & the prescribed fees and on being satisfied about prescribed fees and on being satisfied about its correctness, make the change in the its correctness, make the change in the register of establishments & issue fresh register of establishments & issue fresh registration certificate, if necessary.”registration certificate, if necessary.”

SEC.9SEC.9 The employer shall within 10 days on closing The employer shall within 10 days on closing

his establishment, notify to the Inspector in his establishment, notify to the Inspector in writing. On receiving such information & writing. On receiving such information & being satisfied about its correctness, the being satisfied about its correctness, the Inspector removes such establishment from Inspector removes such establishment from the register & cancels the registration.the register & cancels the registration.

It is further provided that if the Inspector It is further provided that if the Inspector does not receives notice but is otherwise does not receives notice but is otherwise satisfied that the establishment has been satisfied that the establishment has been closed, he on his own, may cancel the closed, he on his own, may cancel the registration.registration.

SHOPS & COMMERCIAL SHOPS & COMMERCIAL ESTABLISHMENTS [SEC.10 TO ESTABLISHMENTS [SEC.10 TO

18]18] Opening & closing hours of shops [sec.(10-11)]Opening & closing hours of shops [sec.(10-11)]1. No shop dealing in perishable goods such as milk, fruits 1. No shop dealing in perishable goods such as milk, fruits

and other goods notified by the State Govt. shall on any day be and other goods notified by the State Govt. shall on any day be opened earlier than 5 a.m. Other than those specified, shall on any opened earlier than 5 a.m. Other than those specified, shall on any day be opened earlier than 7 a.m.day be opened earlier than 7 a.m.

The state Govt. has fixed later opening hours for different classes The state Govt. has fixed later opening hours for different classes of shops or for different areas.of shops or for different areas.

Sec.11 states that –Sec.11 states that – 1. Other than those specified below shall on any day be 1. Other than those specified below shall on any day be

closed later closed later than 8.30 p.m. than 8.30 p.m.2.Shops of pan bidi, cigarettes & other ancillary articles 2.Shops of pan bidi, cigarettes & other ancillary articles

shall on any shall on any day be closed later than 11 day be closed later than 11 p.m. p.m.Provided that any customer who was Provided that any customer who was

being served or was waiting to be served at such closing hour may being served or was waiting to be served at such closing hour may be served during the quarter of an hour immediately following be served during the quarter of an hour immediately following such hours. The State Govt. may fix earlier closing hours for such hours. The State Govt. may fix earlier closing hours for different classes of shops or for different areas.different classes of shops or for different areas.

PROHIBITION OF HAWKING PROHIBITION OF HAWKING SEC.12SEC.12

No person shall carry on in or adjacent to a street or a public place No person shall carry on in or adjacent to a street or a public place the sale of any good before the opening & closing hours fixed for the sale of any good before the opening & closing hours fixed for the shop dealing in the same type of goods.the shop dealing in the same type of goods.

1. It is provided that nothing in the subsection shall be 1. It is provided that nothing in the subsection shall be applied to the applied to the sale of newspaper. sale of newspaper.

2. Any person violating the provision shall be liable to have 2. Any person violating the provision shall be liable to have his goods his goods seized by an Inspector. seized by an Inspector.

3. The goods seized shall be returned to the person on his 3. The goods seized shall be returned to the person on his depositing depositing of Rs.25 as security for his appearance in the of Rs.25 as security for his appearance in the court.court.

4. If fails to deposit, goods seized shall be produced before 4. If fails to deposit, goods seized shall be produced before a a Magistrate for temporary custody. Magistrate for temporary custody.

5. Where no prosecution is instituted for contravention of 5. Where no prosecution is instituted for contravention of above above section, the Magistrate shall direct their return to section, the Magistrate shall direct their return to the person for the person for whom they were seized. whom they were seized.

6. Provision for the Code of Criminal Procedure, shall so far 6. Provision for the Code of Criminal Procedure, shall so far as they as they may be applicable, apply to the disposal of goods may be applicable, apply to the disposal of goods seized under the seized under the section. section.

OPENING & CLOSING HOURS OPENING & CLOSING HOURS OF COMMERCIAL OF COMMERCIAL

ESTABLISHMENT SEC.13ESTABLISHMENT SEC.13 No commercial establishment shall No commercial establishment shall

be opened earlier than 8.30 a.m. & be opened earlier than 8.30 a.m. & closed later than 8.30.p.m. closed later than 8.30.p.m.

Subject to the provisions, the State Subject to the provisions, the State Govt. may fix later the opening & Govt. may fix later the opening & closing time of different classes of closing time of different classes of establishments or for different areas. establishments or for different areas.

DAILY & WEEKLY HOURS OF DAILY & WEEKLY HOURS OF WORK IN SHOPS & WORK IN SHOPS &

ESTABLISHMENTS SEC.14ESTABLISHMENTS SEC.14 No employee shall be allowed to work in any No employee shall be allowed to work in any

shop or commercial establishment for more shop or commercial establishment for more than 9 hrs in any day & 48 hrs in a week.than 9 hrs in any day & 48 hrs in a week.

Any employee may be allowed to work for any Any employee may be allowed to work for any period in excess of the time limit fixed but period in excess of the time limit fixed but such period shall not exceed 6 hrs in any such period shall not exceed 6 hrs in any week.week.

On not more than 6 days in a year which the On not more than 6 days in a year which the State Govt. may fix by rules for the purpose of State Govt. may fix by rules for the purpose of making of accounts, stock taking settlements making of accounts, stock taking settlements or other prescribed occasions, any employee or other prescribed occasions, any employee may be required to work in access of the may be required to work in access of the period fix but such access period shall not period fix but such access period shall not exceed 24 hrs.exceed 24 hrs.

INTERVAL FOR REST INTERVAL FOR REST [SEC.15][SEC.15]

If the workers or employees work for a long period If the workers or employees work for a long period they are fatigued & hence, it is very essential to they are fatigued & hence, it is very essential to give them rest at an interval.give them rest at an interval.

The period of work of an employee shall not exceed The period of work of an employee shall not exceed 5 hrs for continuous work & that they shall be 5 hrs for continuous work & that they shall be allowed an interval for rest of atleast one hour.allowed an interval for rest of atleast one hour.

Provided that –Provided that –1. For employees in a commercial 1. For employees in a commercial

establishment establishment engaged in any manufacturing engaged in any manufacturing process, the process, the interval for rest shall be interval for rest shall be atleast half an hour.atleast half an hour.

2.The State Govt. may on an application 2.The State Govt. may on an application made to made to that behalf by the union permit the that behalf by the union permit the reduction of reduction of the interval for rest to half an the interval for rest to half an hour.hour.

SPREAD-OVER IN SHOPS & SPREAD-OVER IN SHOPS & COMMERCIAL COMMERCIAL

ESTABLISHMENTS [SEC.16]ESTABLISHMENTS [SEC.16] In respect to spread over in shops – it shall In respect to spread over in shops – it shall

not exceed 11 hrs in any day.not exceed 11 hrs in any day. Provided that if any shop is on any day Provided that if any shop is on any day

entirely closed for a continuous period of entirely closed for a continuous period of not less than 3 hrs the spread-over shall not less than 3 hrs the spread-over shall not exceed 12 hrs in that day.not exceed 12 hrs in that day.

It is further provided that where an It is further provided that where an employee works on any day in accordance employee works on any day in accordance with the provisions of sec(14), the spread-with the provisions of sec(14), the spread-over shall not exceed 14 hrs in any such over shall not exceed 14 hrs in any such day.day.

SPREAD-OVER IN COMMERCIAL SPREAD-OVER IN COMMERCIAL ESTABLISHMENT [SEC.17]ESTABLISHMENT [SEC.17]

Not exceed 11 hrs in any day Not exceed 11 hrs in any day provided that the Govt. may increase provided that the Govt. may increase the spread-over period subject to the spread-over period subject to certain conditions.certain conditions.

HOLIDAY IN A WEEK IN SHPOS HOLIDAY IN A WEEK IN SHPOS & COMMERCIAL & COMMERCIAL

ESTABLISHMENTS [SEC.18]ESTABLISHMENTS [SEC.18] Every shop & commercial establishment shall remain closed Every shop & commercial establishment shall remain closed

on one day of the week.on one day of the week. The employer shall prepare a list of such holidays in the The employer shall prepare a list of such holidays in the

beginning & intimate it to the Inspector & notice to be beginning & intimate it to the Inspector & notice to be permanently displayed in a conspicuous or open place in a permanently displayed in a conspicuous or open place in a shop & commercial establishments.shop & commercial establishments.

Any shop or commercial establishments may remain open on Any shop or commercial establishments may remain open on any day notified as close day, if the employer has notified to any day notified as close day, if the employer has notified to the Inspector atleast 7 days before doing so.the Inspector atleast 7 days before doing so.

It shall not be lawful for an employer to call an employee It shall not be lawful for an employer to call an employee for work on a day on which such shop or commercial for work on a day on which such shop or commercial

establishment remain closed.establishment remain closed. No deductions shall be made from the wages of the No deductions shall be made from the wages of the

employee on account of which the shop or establishment has employee on account of which the shop or establishment has remain closed.remain closed.

RESIDENTIAL HOTELS, RESIDENTIAL HOTELS, RESTAURANTS & EATING RESTAURANTS & EATING HOUSES [SEC.19 TO 25]HOUSES [SEC.19 TO 25]

Sec.19 :- Opening & closing hours of restaurants & eating Sec.19 :- Opening & closing hours of restaurants & eating houses.houses.1. No restaurant or eating houses shall be opened earlier 1. No restaurant or eating houses shall be opened earlier than than 5 a.m. & closed later than 12 midnight.5 a.m. & closed later than 12 midnight.2. An employee shall be required to come to work not 2. An employee shall be required to come to work not earlier earlier than 4.30 a.m. & not required to work later than 4.30 a.m. & not required to work later than 00.30 than 00.30 a.m.a.m.3. Any customer who was being served or waiting to be 3. Any customer who was being served or waiting to be served served at closing hours, he may be served during the at closing hours, he may be served during the quarter of quarter of an hour immediately following such hours.an hour immediately following such hours.4. The State Govt. may fix later opening & earlier closing 4. The State Govt. may fix later opening & earlier closing of of such places.such places.

Sec. 20 :-Sec. 20 :- Before the opening & after the closing Before the opening & after the closing of such places no goods of the kind sold in such of such places no goods of the kind sold in such shops shall be sold except for consumption.shops shall be sold except for consumption.

Sec.21 :- Sec.21 :- Daily & weekly hours of work.Daily & weekly hours of work.1. No employee shall be required to work for 1. No employee shall be required to work for more than more than 9 hrs in a day & 48 hrs in a week.9 hrs in a day & 48 hrs in a week.2. Any employee may be required to work in 2. Any employee may be required to work in excess of excess of the period fixed. If such period does the period fixed. If such period does not exceed 3 not exceed 3 hrs in a day.hrs in a day.

Sec.22 :-Sec.22 :- Interval for rest. Interval for rest.1. The period of continuous work of an employee 1. The period of continuous work of an employee shall shall not exceed 5 hrs & no employee shall be not exceed 5 hrs & no employee shall be required to required to work more than 5 hrs before he has work more than 5 hrs before he has given an given an interval of atleast one hour.interval of atleast one hour.2. Provided that the state Govt. may reduce the 2. Provided that the state Govt. may reduce the time for time for interval to half an hour on an interval to half an hour on an application made by application made by an employee or the trade an employee or the trade union.union.

Sec.23 :-Sec.23 :- Spread over of an employee in Spread over of an employee in hotels, restaurants & eating places shall hotels, restaurants & eating places shall not exceed 12 hrs in a day.not exceed 12 hrs in a day.

Sec.24 :-Sec.24 :- Holiday in a week. Holiday in a week.

1. Every employee shall be given atleast 1. Every employee shall be given atleast one day one day in a week as holiday.in a week as holiday.

2. No employer shall call on any employee 2. No employer shall call on any employee for for work on a day on which such work on a day on which such employee has employee has a holiday.a holiday.

3. No deductions shall be made from the 3. No deductions shall be made from the wages wages of an employee on account of of an employee on account of any holiday. If any holiday. If an employee is employed an employee is employed on daily wages he on daily wages he shall be paid his daily shall be paid his daily wages for the holidaywages for the holiday

Sec. 25 :- Sec. 25 :- Employer to furnish identity card Employer to furnish identity card to employee.to employee.

The employer shall furnish every The employer shall furnish every employee an identity card which shall be employee an identity card which shall be produced by the employee on demand by produced by the employee on demand by an Inspector. Such card shall contain the an Inspector. Such card shall contain the following & such other particulars as may following & such other particulars as may be prescribed namely :be prescribed namely :

1. The name of the employer.1. The name of the employer.2. The name, if any, & the postal 2. The name, if any, & the postal

address of address of the establishment. the establishment.3. The name & age of the employee.3. The name & age of the employee.4.The hours of work, the interval for 4.The hours of work, the interval for

rest & rest & the holiday of the employee. the holiday of the employee.5. The signature (with date)5. The signature (with date) of the of the

employer employer or Manager. or Manager.

THEATRES OR OTHER PLACES THEATRES OR OTHER PLACES OF PUBLIC AMUSEMENT OR OF PUBLIC AMUSEMENT OR

ENTERTAINMENT [SEC.(26 TO ENTERTAINMENT [SEC.(26 TO 31)]31)]

Sec.26 :-Sec.26 :- Closing hours. Closing hours.No theatre or other places of public amusement No theatre or other places of public amusement

or entertainment shall, on any day, be closed later than or entertainment shall, on any day, be closed later than 00.30 a.m.00.30 a.m.

Sec.27 :-Sec.27 :- No goods of the kind sold in a shop shall be No goods of the kind sold in a shop shall be sold in any theatre or other places of public amusement sold in any theatre or other places of public amusement or entertainment except for consumption on premises.or entertainment except for consumption on premises.

Sec.28 :-Sec.28 :- Daily & weekly hours of work. Daily & weekly hours of work.1. No employee shall be required to work for 1. No employee shall be required to work for

more than 9 more than 9 hrs in any day & 48 hrs in any hrs in any day & 48 hrs in any week.week.

2. Any employee may be required to work for any 2. Any employee may be required to work for any period in period in excess of the time limit fixed, if such excess of the time limit fixed, if such period does not period does not exceed 6 hrs in any week. exceed 6 hrs in any week.

Sec.29 :-Sec.29 :- Interval for rest Interval for rest The period of work of an employee shall be so fixed The period of work of an employee shall be so fixed

that no period of continuous work shall exceed 5 hrs that no period of continuous work shall exceed 5 hrs & that no employee shall be required to work for & that no employee shall be required to work for more than 5 hrs before he has had an interval for more than 5 hrs before he has had an interval for rest of atleast one hour.rest of atleast one hour.

The State Govt. may on application made on The State Govt. may on application made on behalf of the union may permit the reduction of the behalf of the union may permit the reduction of the time for rest to half an hour.time for rest to half an hour.

Sec.30 :-Sec.30 :- Spread-over. Spread-over. The spread-over of an employee shall not exceed 12 The spread-over of an employee shall not exceed 12

hrs in a day.hrs in a day. Sec.31 :-Sec.31 :- Holidays in a week. Holidays in a week. 1. Every employee shall be given atleast one day in a 1. Every employee shall be given atleast one day in a

week as holiday.week as holiday.2. No employer shall call on any employee for work 2. No employer shall call on any employee for work on a on a day on which such employee has a holiday.day on which such employee has a holiday.3. No deduction shall be made from the wages of an 3. No deduction shall be made from the wages of an

employee on account of any holiday given to employee on account of any holiday given to him. If him. If an employee is employed on a daily an employee is employed on a daily wage he shall wage he shall be paid his daily wage for the be paid his daily wage for the holiday given to him.holiday given to him.

LEAVE WITH WAGES LEAVE WITH WAGES [SEC.(35 TO 38)][SEC.(35 TO 38)]

Sec.35 :- Sec.35 :- LeaveLeave1. Every employee who has been employed for not 1. Every employee who has been employed for not less less than than 3 months in a year, shall for every 60 3 months in a year, shall for every 60 days on which he days on which he has worked during the year be has worked during the year be allowed leave for a period allowed leave for a period of not more than 5 of not more than 5 days.days.2. Every employee who has worked for not less than 2. Every employee who has worked for not less than 540 540 days during a year irrespective of the date of days during a year irrespective of the date of

commencement of his service, shall be allowed commencement of his service, shall be allowed leave, leave, consecutive or otherwise, for a period of consecutive or otherwise, for a period of not less than 21 not less than 21 days. It is provided further that days. It is provided further that such leave can be such leave can be accumulated upto a maximum accumulated upto a maximum period of 42 days.period of 42 days.3. It should be made clear to every employee that the 3. It should be made clear to every employee that the leave leave allowed shall be inclusive of the days during the allowed shall be inclusive of the days during the period of period of such leave, on which a shop or such leave, on which a shop or commercial establishment commercial establishment remain closed.remain closed.

4. If an employee entitled to leave is 4. If an employee entitled to leave is discharged discharged by his employer before he by his employer before he has been allowed has been allowed the leave, or if, having the leave, or if, having applied for & having applied for & having been refused the been refused the leave, he quits his leave, he quits his employment before employment before he has been allowed the he has been allowed the leave, the leave, the employer shall pay him the employer shall pay him the amount amount payable under sec.36.payable under sec.36.5. If an employee entitled to leave, refused 5. If an employee entitled to leave, refused the the leave, he may give intimation to the leave, he may give intimation to the

Inspector. The Inspector shall enter it Inspector. The Inspector shall enter it in a in a register kept in such form as may be register kept in such form as may be

prescribed. The employee shall also prescribed. The employee shall also send a send a copy of such intimation to his copy of such intimation to his employer, & employer, & thereupon, the employee thereupon, the employee shall be entitled to shall be entitled to carry forward the carry forward the unavailed leave without unavailed leave without any limit.any limit.

6. Every employee, irrespective of 6. Every employee, irrespective of his his period of employment, shall be period of employment, shall be entitled entitled to additional holiday such as to additional holiday such as 2626thth Jan, Jan, 11stst May, 15 May, 15thth Aug & 2 Aug & 2ndnd Oct Oct every year. every year. For holiday on these For holiday on these days he shall be days he shall be paid wages at rate paid wages at rate equivalent to the equivalent to the daily average of his daily average of his wages provided. If wages provided. If the employee the employee is made to work on all or is made to work on all or any of any of these days, he shall be paid these days, he shall be paid double the amount of the daily double the amount of the daily average average wages.wages.

Sec.36 :-Sec.36 :- Pay during leave. Pay during leave.Every employee shall be paid Every employee shall be paid

for the period of his leave at a rate for the period of his leave at a rate equivalent to the daily average of his equivalent to the daily average of his wages for the days on which he wages for the days on which he actually worked during the preceding 3 actually worked during the preceding 3 months, exclusive of any earnings in months, exclusive of any earnings in respect of over time.respect of over time.

Sec.37 :- Sec.37 :- Payment when to be made.Payment when to be made.An employee who has been An employee who has been

allowed leave under sec.35, before his allowed leave under sec.35, before his leave begins, be paid half the total leave begins, be paid half the total number due to him for the period of number due to him for the period of such leave.such leave.

Sec.38 :- Sec.38 :- Application & amendment of the.Application & amendment of the.

Payment Of Wages Act.Payment Of Wages Act.

1. The State Govt. may by notification in 1. The State Govt. may by notification in the the Official Gazette, direct the subject Official Gazette, direct the subject to to the provisions, to all or any classes the provisions, to all or any classes of of establishment or employees to establishment or employees to whom whom this Act applies. this Act applies.

2. On the application of the provisions 2. On the application of the provisions of the of the said Act to any establishment said Act to any establishment or or employee, the Inspector employee, the Inspector appointed appointed under the Act shall be under the Act shall be deemed to be deemed to be the Inspector for the purpose the Inspector for the purpose of the of the enforcement of the enforcement of the provisions.provisions.

HEALTH & SAFETY HEALTH & SAFETY [SEC.(39 TO 42)][SEC.(39 TO 42)]

Sec.39 :- Sec.39 :- Cleanliness.Cleanliness. The premises of every establishment shall be kept clean & The premises of every establishment shall be kept clean &

free from effluvia arising from any drain or other nuisance & free from effluvia arising from any drain or other nuisance & shall be cleaned at such times & by such methods as may be shall be cleaned at such times & by such methods as may be prescribed such as lime washing, colour washing, painting, prescribed such as lime washing, colour washing, painting, etc.etc.

Rule 12 of the Maharashtra Shops & Establishments Rule 12 of the Maharashtra Shops & Establishments Rule of 1961 fixes times & methods for cleaning Rule of 1961 fixes times & methods for cleaning establishments. It states-establishments. It states-

1. All the inside walls of the rooms, ceilings & tops of 1. All the inside walls of the rooms, ceilings & tops of such rooms & the passages & staircases shall such rooms & the passages & staircases shall be lime washed or colour washed atleast once be lime washed or colour washed atleast once in every 2 years. in every 2 years.

2. All the beams, doors, windows & other wood works 2. All the beams, doors, windows & other wood works shall be either painted or varnished once in shall be either painted or varnished once in every 7 yrs. every 7 yrs.

3. The dates on which lime washing, colour washing, 3. The dates on which lime washing, colour washing, painting or varnishing has to be done shall be painting or varnishing has to be done shall be

entered in a register maintained for this entered in a register maintained for this purpose. purpose.

Sec.40 :-Sec.40 :- Ventilation. Ventilation.The premises of every establishment shall be The premises of every establishment shall be

ventilated in accordance with such standards & by ventilated in accordance with such standards & by such methods as may be prescribed.such methods as may be prescribed.

Sec.41 :-Sec.41 :- Lighting Lighting1. The premises of every establishment shall be 1. The premises of every establishment shall be sufficiently lighted during all working sufficiently lighted during all working

hours.hours.2. If it appears to an Inspector that the 2. If it appears to an Inspector that the

premises is not premises is not sufficiently lighted, he may serve sufficiently lighted, he may serve on the employer on the employer an order in writing an order in writing specifying the measures to be specifying the measures to be adopted & adopted & requiring them to be carried out before a requiring them to be carried out before a specified specified date.date.

Sec.42 :- Sec.42 :- Precaution against fire.Precaution against fire.In every establishment such precaution In every establishment such precaution

against fire shall be taken as may be prescribed by against fire shall be taken as may be prescribed by the Govt.the Govt.

FIRST-AID [SEC.42(A)]FIRST-AID [SEC.42(A)] where manufacturing process is carried on, there shall where manufacturing process is carried on, there shall

be provided & maintained a first-aid box containing be provided & maintained a first-aid box containing such articles as may be prescribed. A first-aid box shall such articles as may be prescribed. A first-aid box shall contain-contain-

1. 3 small sterilized dressings.1. 3 small sterilized dressings.2. 2 medium size sterilized dressings.2. 2 medium size sterilized dressings.3. 2 large size sterilized dressings.3. 2 large size sterilized dressings.4. 2 large size sterilized burn dressings.4. 2 large size sterilized burn dressings.5. 2 packets sterilized cotton-wool.5. 2 packets sterilized cotton-wool.6. I pair of dressing scissors.6. I pair of dressing scissors.7. 1 bottle containing solution of iodine.7. 1 bottle containing solution of iodine.8. 1 bottle containing solution of salvolatine.8. 1 bottle containing solution of salvolatine.9. 1 bottle containing potassium permanganate 9. 1 bottle containing potassium permanganate

crystals. crystals. 10. Any antidote for burn.10. Any antidote for burn.