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Bombay Shops and Establishments Act 1948: Chapter XI Miscellaneous and Supplemental



Mumbai Shops and Establishments Act

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Chapter XI
Miscellaneous and Supplemental

62. Maintenance of registers and records and display of notices.- Subject to the general or special orders of the State Government an employer shall maintain such registers and records and display on the premises of his establishment such notices as may be prescribed. All such registers and records shall be kept on the premises of the establishment to which they relate.

63. Wages for overtime work.- Where an employee in any establishment to which this Act applies is required to work in excess of the limit of hours of work, he shall be entitled, in respect of the overtime work, wages at the rate of twice his ordinary rate of wages.

Explanation.-For the purposes of this section the expression "limit of hours of work" shall mean-

(a) in the case of employees in shops and commercial establishments, nine" hours in any day and forty-eight hours in any week;

(b) in the case of employees in residential hotels, restaurants, eating houses, theatres or other places of public amusement or entertainment, nine hours in any day; and

(c) in the case of employees in any other establishment, such hours as may be prescribed.

Provided that, the maximum limit for working overtime shall not exceed three hours and the employer may, for the purpose of the work beyond the said overtime hours, engage additional number of employees.

64. Evidence as to age.-(1) When an act or omission would, if a person were under or over a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court apparently under or over such age, the burden shall be on accused to prove that such person is not under or over such age.

(2) A declaration in writing by a 6[ qualified medical practitioner]6 relating to an employee that he has personally examined him and believes him to be under or over the age set forth in such declaration shall, for the purposes of this Act, be admissible as evidence of the age of the employee.

Explanation.-For the purposes of this section, a qualified medical practitioner shall have the same meaning as in the Factories Act, 10[1948, (LXIII of 1948)

65. Restriction on double employment on a holiday or during leave.- No employee shall work in any establishment, nor shall any employer knowingly permit an employee to work in any establishment, on a day on which the employee is given a holiday or is on leave in accordance with the provisions of this Act.

66.Notice of termination of service.- No employer shall dispense with the services of an employee who has been in his 7[continuous employment –

(a) for not less than a year, without giving such person at least thirty days' notice in writing, of wages in lieu of such notice:

(b) for less than a year but more than three months, without giving such person at least fourteen days' notice in writing, or wages in lieu of such notice:

Provided that such notice shall not be necessary where the services of such employees are dispensed with for misconduct.

Explanation.-For the purposes of this section, "misconduct" shall include-

(a) absence from service without notice in writing or without sufficient reasons for seven days or more;

(b) going on or abetting a strike in contravention of any law for the time being in force; and

(c) causing damage to the property of his employer.

67. Rules.-(1) The State Government may make rules to carry out the purposes of the Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the following matters, namely:-

(a) the appointment of prescribed authority under clause (21) of section 2;

(b) the period for which, the conditions subject to which and the holidays and occasions on which, the operation of the provisions of this Act may be suspended under section 6;

(c) the form of submitting a statement, the fees and other particulars under sub-section (1), the manner in which the registration of establishments is to be made and the form of registration certificate under sub-section (2) of section 7 and 13[the form and the period for notifying ]13 a change and the fees under section 8;

(d) fixing six days in a year for additional overtime under sub-section (3) of section 14;

(e) fixing ten days in a year for overtime under sub- section (3) of section 19;
..
(f) further particulars to be prescribed for an identity card under section 25;

 (h) fixing times and methods for cleaning the establishments under section 69; fixing standards and methods for ventilation under section 40; and prescribing such establishments as are to be exempted from the provisions of, and, precautions against fire to be taken under section 42.
9[ (ha) the articles which a first-aid-box maintained under section 42-A shall contain;
(i) the supervision which the 5[State]5 Government shall exercise over local authorities under section 43;

(j) the qualification of Inspectors appointed under section 48 and their powers and duties under section 49;

(k) the registers and records to be maintained and notices to be displayed under section 62;

(l) the limit of hours of work under clause (c) of the explanation to section 63;

(m) any other matter which is or may be prescribed.

(3) The rules made under this section shall be subject to the condition of previous publication and when so made, shall be deemed to be part of this Act.

 (4) All rules made under this Act shall be laid before each House of the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State legislature may make during the session in which they are so laid or the session immediately following and published in the Official Gazette

68. Protection to persons acting under this Act.- No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.

69. Right and privileges under other law etc. not affected.- Nothing in this Act shall affect any right or privileges which an employee in any establishment is entitled to at the date this Act comes into force in a local area, under any other law, contract, custom or usage applicable to such establishment or any award, settlement or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.

 70. Persons employed in factory to be governed by Factories Act and not by this Act.-Nothing in this Act shall be deemed to apply to a factory 25[to which the provisions of the Factories Act, 1948 (LXIII of 1948.) apply:

Provided that, where any shop or commercial establishment situate within the precincts of a factory is not connected with the manufacturing process of the factory the provisions of this Act shall apply to it:

Provided further that, the State Government may, by notification in the Official Gazette, apply all or any of the provisions of the Factories Act, 1948 (LXIII of 1948), to any shop or commercial establishment situate within the precincts of a factory and on the application of that Act to such shop or commercial establishment, the provisions of this Act shall cease to apply to it.

71. Submission of annual report etc.-It shall be the duty of every local authority to submit within [ two months] after the close of the year, to 11[ the Commissioner of Labour, Bombay a report on the working of the Act within the local area under its jurisdiction during such year. It shall also submit to him from time to time such annual or periodical return as may be required.

72. Repeal of Bombay Shops and Establishments Act.-On and from the date of commencement of this Act, the Bombay Shops and Establishments Act, 1939 Bom. (XXIV of 1939), shall be repealed:

Provided that-

2(a) every appointment order, rule, bye-law, regulation, notification or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rule, bye-law, regulation, notification or notice made, issued or given under this Act.

(b) any proceeding relating to the trial of any offence punishable under the provisions of the Act so repealed shall be continued and completed as if the said Act had not been repealed but had continued in operation and any penalty imposed on such proceedings shall be recovered under the Act so repealed.



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Back Office Phone # 098.114.156.05-16- 27-60-81-91
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