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Act Description : KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961

Act Details :-

KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961

8 of 1962

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 8 OF 1962 Karnataka Gazette, dated 12-2-1959 [For Report of the Joint Select Committee, See Karnataka Gazette, dated 27-7-1961] STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 4 OF 1969 Karnataka Gazette, Extraordinary, dated 23-8-1968 It is proposed to provide for supervision of the work of Labour Inspectors who are appointed as Inspectors under the Karnataka Shops and Commercial Establishments Act, 1961, by the Assistant Labour Commissioners and the Labour Officers. This cannot be done unless the Assistant Labour Commissioners and Labour Officers are also made Inspectors under the said Act. There is no provision for the appointment of the Additional Inspectors under the Act, and it is proposed to provide for such appointments. The Karnataka Maternity Benefit Act, 1959 has been repealed and the Maternity Benefit Act, 1961 (Central Act 58 of 1961) has been brought into force. It is therefore necessary to amend Chapter V of the Act suitably. Hence the Bill. STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 33 OF 1982 Karnataka Gazette, Extraordinary, dated 26-7-1982 In his Budget Speech for the year 1982-83 the Finance Minister indicated that in the interest of revenue and for better enforcement of the provision of the Act annual renewal of the registration of shops and commercial establishments would be provided under the Karnataka Shops and Commercial Establishments Act, 1961. The provision for renewal also facilitates maintenance of up-to-date statistics of such establishments and would also result in better conditions of service for the employees. Hence the Bill. STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 17 OF 1986 Karnataka Gazette, Extraordinary, dated 21-2-1986 The Food Corporation of India is a key organisation in the food- grains distribution program in the State. The establishments of the said Corporation are exempted from the provisions of the enactments similar to that of the Karnataka Shops and Commercial Establishments Act, 1961, in many of the States/Union territories in India. It is considered, therefore, necessary to exempt this organisation from the provisions of the Karnataka Shops and Commercial Establishments Act, 1961, as is done in the case of Postal, Telegraphic or Telephone Service etc., and organisations which supply power, light or water etc., to the public. Hence the Bill. STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 25 OF 1997 Karnataka Gazette, Extraordinary, dated It is proposed to amend the Karnataka Shops and Commercial Establishments Act, 1961, to provide for. (1) enhancing age limit of a child from 12 to 14 years, in definition of 'child'; (2) renewal of registration certificate once in five years instead of every year; (3) compulsory issue of appointment orders by the employers to the employees in writing indicating by the name, designation and terms of conditions etc., of appointment within thirty days from the date of appointment in his establishment, by insertion of new Section 6-A; (4) enhancing the age limit from 12 to 14 and 15 to 18 in relation to hours of work of young persons; (5) fixing of weekly holidays within 30 days from the date of commencement of new establishment; (6) removal of minimum period of 240 days or more of work, to get entitled for leave with wages and certain other consequential amendments; (7) enhancing the age limit from 12 to 14 and 15 to 18 for the purpose of prohibition of employment of young persons; (8) separate enhanced punishment for employment of children; (9) removal of the maximum limit of six months pay as compensation payable by the employer to an employee who is removed or dismissed without reasonable cause or proof of misconduct; (10) enhancement of punishments of certain offence.

An Act to provide for the regulation of conditions of work and employment in shops and commercial establishments. Whereas, it is expedient to provide for the regulation of conditions of work and employment in shops and commercial establishments and other incidental matters; Be it enacted by the Karnataka State Legislature in the Twelfth Year of the Republic of India as follows:

CHAPTER 1 Preliminary

Section 1 Short title, extent, commencement and application

(1) This Act may bo called the Karnataka Shops and Commercial Establishments Act, 1961.

(2) It extends to the whole of the State of Karnataka.

(3) It shall come into force on such date 1 as the State Government may by notification appoint.

(4)

(a) It shall apply, in the first instance, to the areas specified in the Schedule to this Act, and to such other areas in which any of the Acts repealed by Section 42 applied.

(b) It shall apply, to any other area with effect from such date as the Statt Government may by notification specify which date shall not be earlier than the expiry of three months from the date of publication of such notification in the Official Gazette.

Section 2 Definitions

In this Act, unless the context otherwise requires.

(a) "Adult" means a person who has completed his eighteenth year;

(b) "Apprentice'' means a person aged not less than 22. Substituted for the words "twelve years" by Act 25 of 1997, s. 2(i). [fourteen years], who is employed whether on payment of wages or not for the purpose of being trained in any trade, craft or employment in any establishment;

33. Clause (ba) inserted by Act 33 of 1982, s. 2, w.e.f. 4-12-1982. [(ba) "Banking company" means,

(i) the Reserve Bank of India;

(ii) the banking company as defined under the Banking Regulations Act, 1949;

(iii) the State Bank of India constituted under the State Bank of India Act, 1955;

(iv) a Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;

(v) a corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;

(vi) a corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980.

(c) "Child" means a person who has not completed his 11. Substituted for the words "twelfth year" by Act 25 of 1997, s. 2(ii). [fourteenth year];

(d) "Closed" means not open for the service of any customer or for any business connected with the establishment;

(e) "Commercial establishment" means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house, a cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such establishments as the State Government may by notification declare to be a commercial establishment for the purposes of this Act;

(f) "Day" means a period of twenty-four hours beginning at midnight:

Provided that in the case of an employee whose hours of work extend beyond midnight, "day" means a period of twenty-four hours beginning from the time when such employment commences irrespective of midnight;

(g) "Employee" means a person wholly or principally employed in or in connection with, any establishment whether working on permanent, periodical, contract or piece-rate wages, or on commission basis, even though he receives no reward for his labour and includes an apprentice, any clerical or other member of the staff of a factory or industrial establishment who falls outside the scope of the Factories Act, 1948, but does not include a

(h) "Employer" means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes members of the family of an employer, a manager, agent or other person acting in the general management or control of an establishment;

(i) "Establishment" means a shop or a commercial establishment;

(j) "Family" in relation to an employer means the husband or wife, son, daughter, father, mother, brother or sister of such employer who lives with and is dependent on him;

(k) "Inspector" means an Inspector appointed under Section 26 and includes the Chief Inspector and an Assistant Inspector;

(l) "Leave" means leave provided for in Chapter IV of this Act;

(m) "Night" means a period of at least twelve consecutive hours which shall include the interval between 8 p. m. and 6 a. m.;

(n) "Notification" means a notification published in the Official Gazette;

(o) "Opened" means opened for the service of any customer or for any business, connected with the establishment;

(p) "Period of work" means the time during which an employee is at the disposal of the employer;

(q) "Prescribed" means prescribed by rules made under this Act;

11. Clause (r) omitted by Act 36 of 1966, s. 2. [(r) "Prescribed authority" x x x x x ;]

(s) "Register of establishments" means a register maintained for the registration of establishments under this Act;

(t) "Registration certificate" means a certificate showing the registration of an establishment;

(u) "Shop" means any premises where any trade or business is carried on or where services are rendered to customers, and includes offices, storerooms, godowns, or warehouses, 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 Factories Act, 1948;

(v) "Spread over" means the period between the commencement and the termination of the work of an employee on any day;

(w) "Wages" shall have the meaning assigned to it in the Payment of Wages Act, 1936 (Central Act IV of 1936);

(x) "Week" means a period of seven days beginning at midnight of Saturday or such other night as may be approved in writing for a particular area by the prescribed authority;

(y) "Year" means the year commencing on the first day of January;

(z) "Young person" means a person who is not a child and who has not completed his eighteenth year.

Section 3 Exemptions

(1) Nothing in this Act shall apply to,

(a) officers of or under the Central or State Governments or local authorities, except commercial undertakings;

(b) any railway service, water transport service, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry, business or undertaking which supplies power, light or water to the public;

(d) establishments for the treatment or care of the sick, infirm, or the mentally unfit;

11. Clause (dd) inserted by Act 17 of 1986, s. 2, w.e.f. 8-5-1986 [(dd) establishments of the Food Corporation of India;]

(e) officers of legal practitioners and medical practitioners in which not more than three persons are employed;

(f) officers of 22. Substituted for the words "the Reserve Bank of India" by Act 33 of 1982, s. 3, w.e.f. 4-124982. [a banking company;]

(g) any person employed about the business of any establishment mentioned in clauses (a) to (f) aforesaid;

(h) persons occupying positions of management in any establishment;

(i) persons whose work is inherently intermittent, such as drivers, care-takers, watch and ward staff, or canvassers;

(j) persons directly engaged in preparatory or complementary work, such as, clearing and forwarding clerks responsible for the despatch of goods.

(2) Nothing contained in Section 11 or sub-section (1) of Section 12 shall apply to,

(a) shops dealing mainly in medicines or medical or surgical requisites or appliances;

(b) clubs, residential hotels, boarding houses, hostels attached to schools or colleges, and establishments maintained in boarding schools in connection with the boarding and lodging of pupils and resident-masters;

Explanation. "residential hotel" means any premises in which business is carried on bona fide for the supply of dwelling accommodation and meals on payment of a sum of money to a traveller or any member of the public or class of the public.

(d) shops of barbers and hairdressers;

(e) shops dealing mainly in meat, fish, poultry, eggs, dairy produce (except ghee), bread, confectionery, sweets, chocolates, ice, ice-cream, cooked food, fruits, flowers, vegetables or green fodder;

(f) shops dealing in articles required for funerals, burials or cremations;

(g) shops dealing in pan (betel leaf), pan with beedies or cigarettes, or liquid refreshments sold in retail for consumption on the premises;

(h) shops dealing in newspapers or periodicals, editing sections of newspaper offices and offices of news agencies;

(i) cinemas, theatres and other places of public entertainment and stalls and refreshment rooms attached to such cinemas, theatres and places of public entertainment;

(j) establishments for the retail sale of petrol;

(k) shops in regimental institutes, garrison shops and troop canteens in cantonments;

(l) tanneries;

(m) retail trade carried on at an exhibition or show, if such retail trade is subsidiary or ancillary only to the main purpose of the exhibition or show;

(n) oil mills and flour-mills not registered under the Factories Act, 1948;

(o) brick and lime kilns;

(p) commercial establishments engaged in the manufacture of bronze and brass utensils so far as it is confined to the process of melting in furnaces.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the State Government may by notification declare that any establishment or person specified therein shall not be exempt from the operation of such provisions of this Act as may be specified in the notification and that the provisions of this Act specified in such notification shall apply to such establishment or person.

(4) The State Government may by notification exempt establishments where the nature of work is

(i) intermittent, or

(ii) seasonal, or

(iii) for a short duration, not exceeding two months, and it is difficult to enforce the provisions of this Act, from all or any of the provisions of this Act, subject to such conditions as may be specified in the notification.

CHAPTER 2 Registration of Establishments

Section 4 Registration of Establishments

(1) Within the period specified in sub-section (3), the employer of every establishment shall send to the Inspector of the area concerned, a statement in the prescribed form together with such fees as may be prescribed, containing,

(a) the name of the employer and the manager, if any;

(b) the postal address of the establishment;

(d) such other particulars as may be prescribed.

(2) On receipt of the statement and the fees, the Inspector shall, on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such manner as may be prescribed, and shall issue, in a prescribed form, a registration certificate to the employer. The registration certificate shall be prominently displayed at the establishment.

(3) Within thirty days from the date mentioned in column (2) below in respect of an establishment mentioned in column (1), the statement together with fees shall be sent to the Inspector under sub-section (1).

Establishments Date from which the period of thirty

days to commence

(1)

(2)

(i) Establishment existing on the date on which this Act comes into force

(i) The date on which this Act comes into force.

(ii) New establishments.

(ii) The date on which the establishment commences its work.

The date on which the establishment commences its work.

11. Section 6-A inserted by Act 25 of 1997, s. 4 [(4) A registration certificate issued under sub-section (2), shall be valid for [five years] and shall be renewed [before the expiry of the period of registration certificate] on payment of such fees and in such manner as may be prescribed.

[(5) The registration certificate issued or renewed before the commencement of the Karnataka Shops and Commercial Establishments (Amendment) Act, 1997 shall, on such commencement, continue to be valid till the expiry of the period of registration certificate already granted and the employer of every such establishment shall renew his registration certificate before the expiry of such period in accordance with sub-section (4)]].

Section 5 Change to be communicated to Inspector

It shall be the duty of an employer to notify to the Inspector, in the prescribed form, any change in respect of any information contained in his statement under Section 4, within fifteen days after the change has taken place. The Inspector shall, on receiving such notice and on being satisfied about its correctness, make the change in the register of establishments and shall amend the registration certificate or issue a fresh registration certificate, if necessary.

Section 6 Closing of establishment to be communicated to Inspector

The employer shall, within fifteen days of his closing the establishment, notify to the Inspector in writing the date of such closure and return the registration certificate. The Inspector shall, on receiving the information and being satisfied about its correctness, remove such establishment from the register of establishments and cancel the registration certificate:

Provided that if the Inspector does not receive the information, but is otherwise satisfied that the establishment has been closed, he may remove such establishment from such register.

Section 6A Issue of appointment orders

11. Section 6-A inserted by Act 25 of 1997, s. 4 [Every employer, employing any person in or in connection with his establishment, shall issue an appointment order in writing indicating the name, designation, wage scale of such person and terms and conditions of his employment and serve the same on such person within thirty days from the date of appointment in his establishment:

Provided that in case of employees appointed in any establishment prior to the commencement of the Karnataka Shops and Commercial Establishments (Amendment) Act, 1997, the employer of such establishment shall, if he has not yet issued any appointment order in writing to such employee, communicate in writing to the employee incorporating therein his name, designation and wage scale and the terms and conditions of employment and. serve the same on him within thirty days from the date of such commencement].

CHAPTER 3 Hours of work

Section 7 Daily and weekly hours

(1) No employee in any establishment shall be required or allowed to work for more than nine hours on any day and forty-eight hours in any week:

Provided that the total number of hours of work including overtime shall not exceed ten hours in any day except on days of stock-taking and preparation of accounts:

Provided further that the total number of overtime hours worked by an employee does not exceed fifty in a period of three continuous months.

(2) No young person 11. The words "between the age of twelve and fifteen" omitted by Act 25 of 1997, s. 5 [x x x x x] shall be allowed to work in any establishment for more than five hours in a day.

Section 8 Extra wages for overtime work

(1) Where an employee works in any establishment for more than nine hours in any day or for more than forty-eight hours in any week he shall in respect of such overtime work be entitled to wages at twice the rate of normal wages.

(2) For the purposes of this section "normal wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus.

(3) The cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family.

Explanation 1. "standard family" means a family consisting of an employee, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units.

Explanation 2. "adult consumption unit" means the consumption unit of a male above the age of fourteen years, and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 8 and 6 respectively of one adult consumption unit.

(4) The State Government may make rules prescribing,

(a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed;

(b) the registers that shall be maintained in an establishment for the purpose of securing compliance with the provisions of this section.

Section 9 Interval for rest

The periods of work of an employee in an establishment each day shall be so fixed that no period shall exceed five hours and that no such person shall work for more than five hours before he has had an interval of rest at least one hour.

Section 10 Spread-over

The periods of work of an employee in an establishment shall be so fixed that, inclusive of his interval for rest, they shall not spread-over more than twelve hours in any day.

Section 11 Opening and dosing hours

(1) No establishment shall on any day, be opened earlier than and closed later than such hours as may be fixed by a notification issued by the State Government: Provided that any customer who was being served or was waiting to be served in any establishment at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour.

(2) Before issuing a notification under sub-section (1), the State Government shall hold an enquiry in the prescribed manner.

(3) The State Government may, for the purpose of this section, fix different hours for different establishments or different classes of establishments or for different areas or for different times of the year.

Section 12 Weekly Holidays

(1) Every establishment shall remain closed for one day of the week. The employer shall fix such date at the beginning of the year, 11. Inserted by Act 25 of 1997, s. 6 [or within thirty days from the date of commencement of establishments, as the case may be] notify it to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the establishment. The employer shall not alter such dale more often than once in three months, shall notify the alteration to the Inspector, and shall make the necessary change in the notice in the establishment.

(2) Notwithstanding anything contained in sub-section (1), the State Government may allow an establishment to remain open throughout the week if it is satisfied that the establishment employs additional staff for meeting the requirements of sub-section (3) of this section.

(3) Every employee in an establishment shall be given at least one whole day in a week as a holiday for rest:

Provided that in establishments in which rest for one-and-a-half days in a week is allowed, such period of rest shall be continued. it shall not be lawful for an employer to call an employee at, or for an employee to go to, his establishment or any other place for any work in connection with the business of his establishment on a weekly holiday given to the employee under sub-section (3) or on a day on which such establishment remains closed.

(5) No deduction shall be made from the wages of an employee in any establishment on account of the holiday given to him under sub-section (3). If any employee is employed on daily wages, he shall nonetheless be paid his wages for the weekly holiday.

Section 13 Selling outside establishments prohibited after closing hours

Save as provided by or under any other enactment for the time being in force, no person shall carry on, in or adjacent to a street or public place, the sale of any goods after the hour fixed under Section 11 for the closing of establishments dealing in the same class of goods in the locality in which such street or public place is situated:

Provided that nothing in this section shall apply to the sale of newspapers and such other articles as may be exempted by notification by the State Government.

CHAPTER 4 Annual Leave with Wages

Section 14 Application of Chapter

The provisions of this Chapter shall not operate to the prejudice of any rights to which an employee may be entitled under any other law or under the terms of any award, agreement or contract of service:

Provided that where such award, agreement or contract of service provides for a longer leave with wages or weekly holidays than are provided in this Chapter, the employee shall be entitled to only such longer leave or weekly holidays, as the case may be.

Section 15 Annual leave with wages

11. Sub-section 1 substituted by Act 25 of 1997, s. 7(a) [(1) Every employee in an establishment shall be entitled to leave with wages and shall be to avail such leave for the number of days calculated at the rate of.

(i) one day for every twenty days work performed by him in case of an adult;

(ii) one day for every fifteen days of work performed by him in case of young person;

Explanation.For the purpose of this sub-section,

(a) any day of lay-off, by agreement or contract as permissible under the standing order or for any other reasons beyond the employer's control;

(b) in the case of female employee, maternity leave for any number of days not exceeding twelve weeks; and

22. Sub-section (2) omitted by Act 25 of 1997, s. (b) [(2) x x x x]

(3) Every employee shall also be entitled during the first twelve months of continuous service and during every subsequent twelve months of such service in any establishment to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accident sustained by him or for any other reasonable cause.

(4) If an employee is discharged or dismissed from service during the course of the year he shall be entitled to leave with wages at the rates laid down in sub-section (1) even if he has not worked for the entire period specified in sub-section (1) 11. The words, figure and brackets "or sub-section (2)" omitted by Act 25 of 1997, s. 7(c) [x x x x x] entitling him to earn leave.

(5) If an employee entitled to any leave under sub-section (3) is discharged or dismissed from service when he is sick or suffering from the result of an accident, the employer shall pay him the amount payable under this Act in respect of the period of the leave to which he was entitled at the time of his discharge or dismissal, in addition to the amount, if any, payable to him under sub-section (4).

(6) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted.

(7) If an employee does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year:

Provided that the total number of the days of leave that may be carried forward to a succeeding year shall not exceed thirty days in the case of an adult and forty days in the case of a young person:

Provided further that an employee who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (10) and (11) shall be entitled to carry forward the unavailed leave without any limit.

(8) An employee may at any time apply in writing to the manager of the establishment, not less than ten days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year:

Provided that the number of times in which leave may be taken during any year shall not exceed three or such number as may be agreed upon between the employer and the employee.

(9) If any employee wants to avail himself of the leave with wages due to him under sub-section (3), he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (8), and in such a case, wages as admissible under SECTION 17 shall be paid not later than fifteen days from the date on which the leave begins.

(10) For the purpose of ensuring continuity of work in an establishment, the employer in agreement with the representatives of employees therein, chosen in the prescribed manner, may formulate a scheme in writing whereby the grant of leave allowable under this section may be regulated.

(11) A scheme formulated under sub-section (10) shall be posted in convenient places in the premises of the establishment and shall be in force for a period of twelve months from the date on which it comes into force and may thereafter be renewed, with or without modification, for a further period of twelve months at a time by the employer in agreement with the representatives of the employees as specified in sub-section (10).

(12) An application for leave which does not contravene the provisions of sub-section (8) shall not be refused, unless the refusal is in accordance with the scheme for the time being in operation under sub-sections (10) and (11).

(13) If the employment of an employee who is entitled to leave under sub-section (1) 11. The words, figure, brackets and punctuation mark "or sub-section (2), as the case may be," omitted by Act 25 of 1997, s. 7(d) [x x x x x] is terminated by the employer before he has taken the entire leave to which he is entitled or if having applied for and having not been granted such leave, the employee quits his employment before he has taken the leave, the employer shall pay him the amount payable under Section 16 in respect of the leave not taken, and such payment shall be made, where the employment of the employee is terminated by the employer, before the expiry of the second working day after such termination, and where an employee quits his employment, on or before the next pay day.

(14) The unavailed leave of an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.

Section 16 Wages during leave period

(1) For the leave allowed to him under Section 15, an employee shall be paid at the rate equal to the daily average of his total full-time earnings for the days on which he worked during the month immediately preceding his leave, exclusive of any overtime wages and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the employee of foodgrains and other articles.

(2) The cash equivalent of the advantage accruing through the concessional sale to the employee of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family.

Explanation.The explanations to sub-section (3) of Section 8 shall be applicable for purposes of determining standard family under this sub-section.

Section 17 Payment in advance in certain cases

An employee who has been allowed leave for not less than four days in the case of an adult, and for not less than five days in the case of a young person, shall before his leave begins, be paid the wages due for the period of leave allowed.

Section 18 Mode of recovery of unpaid wages

Any sum required to be paid by an employer under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (Central Act IV of 1936).

Section 19 Power to make rules

The State Government may, to carry out the purposes of this Chapter, make rules directing employers to keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by Inspectors.

Section 20 Power to exempt establishments

Where the State Government is satisfied that the leave rules applicable to employees in an establishment provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision, it may, by notification, exempt the establishment from all or any of the provisions of this Chapter, subject to such conditions as may be specified in the notification.

CHAPTER 5 Wages and Compensation

Section 21 Application of the Payment of Wages Act

(1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (Central Act IV of 1936), (referred to in this section as 'the said Act'), the State Government may, by notification, direct that subject to the provisions of -sub-section (2), the said Act or any of the provisions thereof as in force on the date of passing of this Act by the State Legislature shall apply to all or any class of employees and their employers in establishments to which this Act applies, and thereupon, the said Act or the provisions thereof shall be applicable to the employers and employees, as if enacted in this Act.

(2) On the application of the provisions of the said Act to any establishment under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act within the local limits of his jurisdiction.

Section 22 Application of the Workmen's Compensation Act

The provisions of the Workmen's Compensation Act, 1923 (Central Act VIII of 1923), as in force on the date of passing of this Act by the State Legislature, and the rules made thereunder by the State Government for the time being in force shall mutatis mutandis apply to employees and employers of shops and commercial establishments.

Section 23 Application of the Maternity Benefit Act

22. Section 23 omitted by Act 4 of 1969, s. 2(ii). [x x x x x.]

CHAPTER 6 Employment of Children and Women

Section 24 Prohibition of employment of children

No child shall be required or allowed to work in any establishment.

Section 25 Prohibition of employment of women and young persons during night

No woman, or a young person 33. The words "between the age of twelve and fifteen" omitted by Act 25 of 1997, s. 8 [x x x x x] shall be required or allowed to work whether as an employee or otherwise in any establishment during nights.

CHAPTER 7 Enforcement and Inspection

Section 26 Inspectors

(1) The State Government may by notification appoint such persons or such class of persons as it thinks fit, to be Inspectors and Assistant Inspectors for the purposes of this Act within such local limits as it may assign to them respectively.

11. Sub-sections (2), (3) and (4) substituted for sub-section (2) as by Act 4 of 1969, s. 3 [(2) The State Government may, by Notification, appoint such public officers as it thinks fit to be Additional Inspectors, for all or any of the purposes of this Act, within such local limits as it may assign to them respectively.

(3) In any area where there are more Inspectors than one, the State Government may, by Notification, declare the powers which such Inspectors shall respectively exercise.

(4) The Commissioner of the Labour in Karnataka shall be the Chief Inspector for the purposes of this Act, for the whole of the State of Karnataka.]

Section 27 Powers and duties of Inspectors

Subject to any rules made by the State Government in this behalf, an Inspector may, within the area in his jurisdiction,

(a) enter, at all reasonable times and with such assistants, if any, being persons in the service of the State Government, as he thinks fit, any place which is or which he has reasons 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 person as he may deem necessary, for carrying out the purposes of this Act; and

Provided that no person shall be required under this section to answer any question or give any evidence tending to incriminate himself.

Section 28 Inspectors to be public servants

Every person appointed or declared under Section 26 to be an Inspector shall be deemed to be a public servant within the meaning of S.21 of the Indian Penal Code, 1860.

Section 29 Employer to produce registers, records, etc., for inspection

Every employer shall on demand, produce for inspection of an Inspector, all registers, records and notices required to be kept under and for the purposes of this Act.

CHAPTER 8 Offences, Penalties and Procedure

Section 30 Penalties

(1) Whoever contravenes any of the provisions of Section 4, Section 5, Section 6, 11. Substituted for the words "two hundred and fifty rupees" by Act 25 of 1997, s. 10. [Section 6A], Section 7, Section 9, Section 10, Section 11, Section 12, Section 13, Section 15, Section 16, [x x], Section 25 and Section 39, shall, on conviction, be punished with fine, which, for a first offence, may extend to [one thousand rupees] and for a second or any subsequent offence, may extend to [two thousand rupees].

(2) Whoever contravenes any of the provisions of Section 8, Section 17, Section 29 and Section 34 shall, on conviction, be punished with a fine which may extend to [two hundred and fifty rupees].

[(3) Whoever contravenes the provisions of Section 24, shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to six months or with fine which shall not be less than ten thousand rupees, but which may extend to twenty thousand rupees or with both, for the first offence and for the second and subsequent offences, he shall be punishable with imprisonment of a term which shall not be less than six months but which may extend to one year].

Section 31 Procedure

(1) No prosecution under this Act or the rules or orders made thereunder shall be instituted save on a complaint in writing by an Inspector.

(2) No court inferior to that of a Magistrate of the Second Class shall try any offence punishable under this Act or any rules or orders made thereunder.

Section 32 Limitation of prosecutions

No court shall take cognizance of any offence under this Act or any rule or order made thereunder, unless complaint thereof is made within six months from the day on which the offence is alleged to have been committed.

Section 33 Penalty for obstructing Inspectors, etc

Any person who wilfully, obstructs an Inspector in the exercise of any power conferred on him under this Act, or any person lawfully assisting an Inspector in the exercise of such power or who fails to comply with any lawful direction made by an Inspector, shall be punishable with fine which may extend to 11. Substituted for the words "two hundred and fifty rupees" by Act 25 of 1997, s. 10. [five hundred rupees].

CHAPTER 9 Miscellaneous

Section 34 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.

Section 35 Saving of certain rights and privileges

Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to 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.

Section 36 Indemnity

No suit, prosecution or other legal proceedings shall lie against the State Government or any officer of the State Government for anything which is in good faith done or intended to be done under this Act.

Section 37 Delegation of powers

(1) The State Government may, by notification, authorise any officer or authority, subordinate to it, to exercise any one or more of the powers vested in it by or under this Act, except the powers under sub-sections (3) and (4) of Section 1, sub-sections (3) and (4) of Section 3, Section 19, Section 20, Section 21, Section 26 and Section 40 subject to such restrictions and conditions, if any, as may be specified in the notification.

(2) The exercise of the powers delegated under sub-section (1) shall be subject to control and revision by the State Government or by such persons as may be empowered by it in that behalf. The State Government shall also have power to control and revise the acts and proceedings of any person so empowered.

Section 38 Power of Government to suspend provisions of the Act during fairs and festivals

On any special occasion in connection with a fair or festival or a succession of public holidays, the State Government may, by notification, suspend for a specified period the operation of all or any of the provisions of this Act.

Section 39 Notice of dismissal

(1) No employer shall remove or dismiss an employee who has put in service under him continuously for a period of not less than six months, except for a reasonable cause and unless and until one month's previous notice or pay in lieu thereof has been given to him:

Provided that where misconduct of an employee is brought on record with proof at an enquiry held for the purpose, he shall not be entitled to the notice or pay in lieu of such notice.

(2) An employee removed or dismissed under sub-section (1) shall have a right of appeal to 11. Substituted for the words "the prescribed authority or if no authority is prescribed to the Commissioner of Labour" by Act 36 of 1966, s. 3. [such officers having jurisdiction over such areas or such classes of employees as may be prescribed] on the

(3) Where an employee has been removed or dismissed without reasonable cause or without proof of misconduct, the employee shall, where the employer does not agree to reinstate him, be entitled to such compensation as the appellate authority may determine, provided that such compensation shall not exceed an amount calculated at one month's pay for every year of service 11. The words "subject, in any case to the maximum of six months pay" omitted by Act 25 of 1997, s. 11 [x x x x x].

(4) Any person aggrieved by an order of the appellate authority may apply to the District Judge for a revision of such order and subject to the result of such application, the decision of the appellate authority shall be final and binding on both the employer and the person employed.

(5) The amount payable as compensation under this section shall be in addition to any fine payable under Section 30 and shall be recoverable as a fine.

(6) No employee who has been awarded compensation under this section shall be entitled to bring a civil suit in respect of the same claim.

(7) If under any other law or under the terms of an award, agreement or contract of service, any employee is entitled to a longer period of notice or to more favourable benefits than are provided in sub-section (1) or sub-section (3) the provisions of the said sub-sections shall have effect as if such period of notice and such benefits had been enacted in this Act.

Section 40 Power to make rules

(1) The State Government may, by notification, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, rules made under sub-section (1) may provide in respect of the health and safety and welfare of employees.

(3) In making rules under this section, the State Government may provide that a contravention of any rule shall be punishable with a fine which may extend to 11. Substituted for the words "fifty rupees" by Act 25 of 1997, s. 12 [two hundred and fifty rupees].

(4) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.

Section 41 Notifications and rules to be laid before the State Legislature

Every notification issued under sub-section (3) and sub-section (4) of Section 3, sub-section (1) of Section 21 and sub-section (1) of Section 37 and every rule made under Section 40 shall be laid as soon as may be after it is issued or made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the notification or rule or both Houses agree that the notification or rule should not be made, the notification or rule, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything done previously under that notification or rule.

Section 42 Repeal and savings

The Bombay Shops and Establishments Act, 1948 (Bombay Act LXXIX of 1948), as in force in the Bombay Area, the Hyderabad Shops and Establishments Act, 1951 (Hyderabad Act X of 1951), as in force in the Hyderabad Area, the Madras Shops and Establishments Act, 1947 (Madras Act XXXVI of 1947), as in force in the Madras Area, and the Mysore Shops and Establishments Act, 1948 (Mysore Act II of 1948), as in force in the Mysore Area, are hereby repealed:

Provided that S.6 of the Mysore General Clauses Act, 1899 (Mysore Act III of 1899), shall be applicable in respect of such repeal and Section 8 and Section 24 of the said Act shall be applicable as if the said Acts had been repealed and re-enacted by this Act.

Section 43 Repeal of Central Act XVIII of 1942

On and from such date on which this Act applies to any area of the State, the Weekly Holidays Act, 1942 (Central Act XVIII of 1942), shall in such area stand repealed:

Provided that such repeal shall not affect,

(a) the previous operation of the said enactment or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactment; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been applied to that area.

Section 44 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this act in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the State Government may by notification, make such provisions as appear to it to be necessary or expedient for removing the difficulty.

SCHEDULE 1 Names of Places

SCHEDULE[See sub-section (4) of Section 1] SCHEDULE

[See sub-section (4) of Section 1]

Names of Places

Arsikere Town

41.

Karkal

Athani

42.

Karwar

Bagalkot

43.

Kolar Townl

Bangalore City

44.

Kolar Gold Fields Area

Bangarpet Town

45.

Kollegal

Bantwal

46.

Koppal

Belgaum

47.

Kottur Panchayat Area

Belthangadi

48.

Kudligi Panchayat Area

Bellary City

49.

Maddur

10.

Bhadravati Town

50.

Mahalingapur

11.

Bidar

51.

Malavalli

12.

Bijapur

52.

Mandya Town

13.

Chamarajanagar Town

53.

Madhugiri Town

14.

Channapatna

54.

Mangalore

15.

Chellakere Town

55.

Moodabidri

16.

Chickballapur Town

56.

Mulki

17.

Chickmagalur Town

57.

Mysore City

18.

Chintamani Town

58.

Nanjangud Town

19.

Chitradurga Town

59.

Nippani

20.

Coondapur

60.

Puttur

21.

Davangere City

61.

Rabkavi Banhatti

22.

Dharwar

62.

Raichur

23.

Doddaballapur Town

63.

Ramanagaram

24.

Gadag-Betgeri

64.

Sagar

25.

Gauribidanur Town

65.

Saklespur Town

26.

Gokak

66.

Sandur

27.

Gulbarga

67.

Shahabad

28.

Guledgud

68.

Shikaripur

29.

Hadigall Panchayat Area

69.

Shimoga Town

30.

Harapanahalli Panchayat Area

70.

Siddlaghatta

31.

Harihar Town

71.

Sira Town

32.

Hassan Town

72.

Sirsi

33.

Hiriyur

73.

Siruguppa Panchayat Area

34.

Hospet Town

74.

Srinivaspur

35.

Hubli

75.

Srirangapatna

36.

I lkal

76.

Thirthahalli

37.

Jamkhandi

77.

Tiptur Town

38.

Kamalapur Panchayat Area

78.

Tumkur Town

39.

Kampli Panchayat Area

79.

Udupi

40.

Kanakapura

80.

Yadgir

RULE:

KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS RULES, 1963

In exercise of the powers conferred by sub-section (1) of Section 40 of the Karnataka Shops and Commercial Establishments Act, 1961 (Karnataka Act 8 of 1962), the Government of Karnataka hereby makes the following Rules, the draft of the same having been published as required by sub-section (4) of the said section in the Karnataka Gazette, dated the 16th May, 1963, in Notification No. PLM 82 LSC 61, dated the 10th May, 1963, namely:-

Rule 1 Title

These rules may be called the Karnataka Shops and Commercial Establishments Rides, 1963.

Rule 2 Definitions

In these rules, unless the context otherwise requires.

(a) "Act" means the Karnataka Shops and Commercial Establishments Act, 1961;

(b) "Form" means a form appended to these rules;

(d) "Schedule" means the schedule appended to these rules;

(e) "Section" means a section of the Act;

(f) Words and expressions used in the Act and not defined in these Rules shall have the meanings assigned to them in the Act.

Rule 3 Registration of establishments, etc

(1) Within the period specified in sub-section (3) of S.4 OF THE Karnataka Shops and Commercial Establishments Act, 1961, the employer of every establishment shall send to the Inspector of the area concerned a statement in Form "A" together with the fees specified in Schedule I

(2) The fees payable under sub-rule (1) 11. Inserted by GSR No. 8, dated 10-1-1983, KGD 11-1-1983, No. SWL 7 LSC 82. [and Rule 3A] shall be paid into the local Treasury under the Head of Account "XXI-Miscellaneous-b-Labour" and the receipt obtained therefor shall be sent along with 2[Form "A" or Form "AA", as the case may be.]

Rule 3A Renewal of Registration Certificate

33. Rule 3-A inserted by GSR No. 8, dated 10-1-1983, KGD 11-1-1983, No. SWL 7 LSC 82.

(1) The Registration Certificate issued under sub-section (2) of S.4 OF THE Karnataka Shops and Commercial Establishments Act, 1961, shall be renewed 44. Substituted for the words "every year" by Notification No. LD 37 LSC 97, dated 31-8-1998, w.e.f. 2-9-1998 [once in five years] before the date of its expiry. The employer of every establishment shall send to the Inspector of the area concerned a statement in duplicate, in Form "AA" before ninety days from the date of expiry of such registration certificate.

(2) The fees for renewal of the Registration Certificate shall be the same as the fees specified in Schedule I.] 55. The words and figures "Except for category of establishment at SI. No. 1 for which no renewal fee shall be paid" omitted by GSR No. 106, dated 5-6-1992, w.e.f. 5-6-1992, KGD 11-6-1992, No SWL 13 LSC 88. [x x x x x].

Rule 4 Manner of registering establishments and the form of registration certificate

On receipt of the statement and the fees prescribed in 66. Substituted for the word and figure "Rule 3" by GSR No. 8, dated 10-1-1983, KGD 11-1-1983, No. SWL 7 LSC 82. [Rule 3 or Rule 3A], the Inspector shall after being satisfied about the correctness of the statement, register the establishment in the register of establishments which shall be in Form "B" and shall issue a Registration Certificate to the employer in Form "C".

Rule 4A Issue of Duplicate Certificate of Registration

77. Rule 4-A inserted by GSR No. 27, dated 19-1-1984, KGD 20-1-1984, No. SWL 7 LSC 82. Where a certificate of registration granted or renewed under Rule 3 or Rule 3A, is lost, defaced, or accidentally destroyed a duplicate copy of the certificate of registration may be granted on payment of a fee of 88. Substituted for the wrods "Rupees Fifteen only" by Notification No. LD 37 LSC 97, dated 31-8-1998, w.e.f. 2-9-1998 [rupees fifty only.]

Rule 5 Changes how notified.

The employer shall notify to the Inspector concerned any change in respect of any information contained in his statement under 99. Substituted for the word and figure "Rule 3" by GSR No. 8, dated 10-1-1983, KGD 11-1-1983, No. SWL 7 LSC 82 [Rule 3 or Rule 3A] in Form "D" within 15 days after the change has taken place.

Rule 6 Computation of cash equivalent of certain concessions

(1) The cash equivalent of the advantage accruing through the concessional

(2) For the purpose of cash equivalent monthly average market rate of foodgrains and other articles shall be as computed by the Department of Labour.

Rule 7 Enquiry for fixing, opening and closing hours of establishments

(1) Before issuing a notification under sub-section (1) of S.11 OF THE Karnataka Shops and Commercial Establishments Act, 1961, the Government shall make an enquiry under sub-section (2) of S.11 OF THE Karnataka Shops and Commercial Establishments Act, 1961 in the manner specified in the following sub-rules.

(2) The Government shall give notice of its intention to pass such order. The notice shall be in Form "E" and shall, unless a copy of the order proposed to be passed is annexed to it, specify the area and the establishment or establishments or class or classes of establishments to which the order shall apply the hours of opening or the hours of closing or both, which are proposed to be fixed and the days in respect of which such hours are so proposed to be fixed. The Notice shall also state that objections and suggestions with respect to such orders, if any, may be sent to the officer mentioned in the notice within one month from the date of such notice.

(3) The notice shall be published in the Official Gazette and the copies of the notice shall be affixed at such public places in the area to which the order is proposed to be applied as the State Government may deem fit. Copies of the notice shall be sent to the local authority in whose jurisdiction such area is situated and to such associations or organisations as the State Government may deem fit. The notice shall also be published in at least one newspaper having circulation in such area.

(4) The State Government shall consider all objections and suggestions received by them before issuing the notification under sub-section (1) of S.11 OF THE Karnataka Shops and Commercial Establishments Act, 1961.

Rule 8 Leave with wages register

(1) The employer shall maintain a leave with Wages Register in Form "F" 11. The words "and make a return to the Inspector concerned in Form "G" not later than the 1st September of the year subsequent to that to which it relates" omitted by Notification No. LD 37 LSC97, dated 31-8-1998, w.e.f. 2-9-1998 [x x x x x] Provided that where the Inspector is of the opinion that any muster-roll or register maintained as part of the routine of the establishment or return made by the employer given in respect of any or all of the persons employed in the establishment the particulars for the enforcement of Chapter IV of the Act, he may, by order in writing direct that such muster-roll or register or return shall, to the

(2) The register maintained under sub-rule (1) shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.

Rule 9 Leave with wages book of the persons employed

(1) The employer shall provide each employee with a book called the "Leave with wages book" in Form "H". The book shall be the property of the employee and entries of the dates of holidays or interruptions in service shall be made therein by the employer from rime to time. The employer shall not keep it for more than 10 days at a time to make the entries.

(2) The employer shall on being satisfied that the employee has lost his leave with wages book provide him with a duplicate thereof on payment of 25 paise.

Rule 10 Production of Medical Certificate by employee

If so required by the employer in writing the employee shall submit a Medical Certificate signed by a registered or recognised Medical Practitioner. Vaidya or Hakim stating the cause of the absence and the period for which the employee is, in his opinion, unable to attend to his work.

Rule 11 Notice by employee for not availing himself of leave with wages due to him in a year

11. Rules 11,12,13,14,15 and 16 omitted by Notification No. LD 37 ISC 97, dated 31-8-1998, w.e.f. 2-9-1998 x x x x x.

Rule 12 Programme of leave with wages to be prepared by employer

xxxx

Rule 13 Members of one family to be allowed leave on the same date

xxxx

Rule 14 Notice by employer of alteration of dates fixed for leave

xxxx

Rule 15 Exchange of leave between employees

xxxx

Rule 16 Cleanliness of an establishment

xxxx

Rule 17 Establishment to be sufficiently lighted.

The latrines, passages, stairs, hoists, establishment grounds, in so far as the entrance of the said places is not closed, shall during working hours be provided with such lighting as will ensure safety of movement or passage through them.

Rule 18 Building of more than one storey to be provided with two stairs

Every building of more than one storey shall be provided with at least two sets of stairs or steps permanently fixed either inside or outside the building, so as to afford direct and unimpeded access from every part of the establishment to the ground level. Such stairs shall be provided with a suitable and sufficient handrail or other convenient support. In establishments employing less than 40 persons, the Inspector may accept in lieu of a second set of stairs or steps such other means of escape in case of fire as can reasonably be required in the circumstances of each case.

Rule 19 Exits to external stairs to open from inside.

Every window or door giving access to an external staircase shall be so arranged as to open immediately from inside.

Rule 20 Precaution against fire

No person shall smoke or use a naked light or cause or permit any such light to be used, in the immediate vicinity of any inflammable material in any establishment.

Rule 21 Duties of Inspectors

(1) The Inspector shall make such examination as may appear to him to be necessary for the purpose of satisfying himself that the provisions of the Act and of these rules and any order passed by Government under the Act are duly observed. In particular he shall satisfy himself

(i) that the establishment is duly registered under the Act;

(ii) that the registers, records and notices required to be maintained or displayed under the Act or these rules are properly maintained or displayed;

(iii) that the intervals of rest and holidays required to be granted or observed under the Act are granted and observed and the limits of hours of work and spread-over laid down under the Act are granted and observed and the limits of hours of work and spread-over laid down under the Act are not exceeded;

(iv) that the provisions of the Act and any notification issued by the Government regarding the opening and closing hours are duly observed;

(v) that the provisions of the Act and the rules regarding leave are properly observed;

(vi) that the provisions of these rules relating to cleanliness, lighting and precaution against fire are properly observed;

(vii) that the provisions of the Act relating to the payment for overtime work are duly observed;

(viii) that no child is allowed to work in any establishment.

(2) For carrying out such examination, the Inspector may interrogate such persons on the premises as he may deem necessary provided that no such person shall be required under this rule, to answer any question, the answer to which might tend to incriminate him.

Rule 21A Procedure for Prosecution

11. Rule 21-A inserted by GSR No. 390, dated 26-12-1975, KGD 1-1-1976, No. SWL 3 LSC 75. An Inspector shall obtain the prior approval of the Chief Inspector 22. Inserted by GSR No. 66, dated 19-2-1977, KGD 24-2-1977, No. SWL 3 LSC 75. [or any other officer not below the rank of an Assistant Labour Commissioner specially authorised by him in this behalf] before making a complaint in respect of an offence punishable under the Act, rules or orders made thereunder.

Rule 22 Ascertainment of age by the Inspector

An Inspector may require an employer to produce a certificate of age from a registered medical practitioner in respect of any employee, such certificate shall be in Form "J".

Rule 23 Submission of diary by Inspectors

The Inspectors shall keep a file of the records of his inspection arranged in monthly bundles and shall submit to the officer to whom he is subordinate on the 15th day of each month a diary in Form "K".

Rule 24 Maintenance of registers and records and display of notices

33. Sub-rules (1), (2) and (3) omitted by Notification No. LD 37 LSC 97, dated 31-8-1998, w.e.f. 2-9-1998

(1) x x x x x.

(2) x x x x x.

(3) x x x x x.

(4) Every employer shall exhibit in his establishment a notice. in Form "P" specifying the day or days of the week on which the persons employed by him shall be given a holiday. The notice shall be exhibited before the persons to whom it relates cease work on the Saturday immediately preceding the first week during which it is to have effect.

(5) Every employer shall exhibit in his establishment a notice containing such extracts of the Act and these rules in 44. Substituted for the word "English" by Notification No. LD 37 LSC 97, dated 31-8-1998, w.e.f. 2-9-1998 [Kannada] and in the language of the majority of the employees.

(6) Any notice required to be exhibited under these Rules shall be exhibited in such manner that it can be readily seen and read by any person whom it affects and shall be renewed whenever it becomes defaced or otherwise ceased to be clearly legible.

(7) In any register of record which an employer is required to maintain under these rules the entries relating to any day shall be made on such day.

(8) Save as otherwise provided in these Rules, the registers, records and notices relating to any calendar year shall be preserved till the end of the next calendar year.

(9) If on any application made by an employer in writing, the Government is satisfied that any muster-roll, register or record

11. Sub-rule (9-A) inserted by Notification No. LD 37 LSC 97, dated 31-8-1998, w.e.f. 2-9-1998 (9A) The appointment order issued by the employer under S.6A OF THE Karnataka Shops and Commercial Establishments Act, 1961 shall be in Form 'Q'.

(10) Save as otherwise provided in sub-rule (5), all registers, records, muster-rolls and notices required to be maintained, exhibited or given under these Rules shall be either in English or in Kannada.

(11) Every employer shall maintain a Visit Book in which an Inspector visiting the establishment may record his remarks regarding any defects that may come to light at the time of his inspection and shall produce it whenever required to do so by an Inspector. Where an office, storeroom, godown, warehouse or work place used in connection with the trade and business of an establishment is situated at premises other than the premises of the establishment, all registers, records, muster-rolls, visit book and notices required to be maintained, exhibited or given under the Act, and these rules shall be separately so maintained, exhibited, or given in respect of and at such office, storeroom, godown, warehouse or work place.

Rule 24A Exhibition of name board

22. Rule 24-A inserted by GSR 12, dated 11-1-1985, KGD 15-1-1985, No. SWL 4 LSC 84. The name board of every establishment shall be in Kannada and wherever other languages are also used, the versions in such other languages shall be below the Kannada version.

Rule 25 Appeals under Section 39

33. Rule 25 substituted by GSR 258, dated 6-6-1967, KGD 15-6-1967, No. LMA 2 LSC 67.

(1) The Assistant Commissioners of Labour shall, within the areas of their respective jurisdiction be the officers to whom appeals in respect of orders under sub-section (1) of S.39 OF THE Karnataka Shops and Commercial Establishments Act, 1961 shall lie.

(2) Every such appeal shall be presented within 30 days from the date on which the order of removal or dismissal was communicated to the employee:

Provided that an appeal may be admitted after the said period of 30 days if the appellant shows sufficient cause that the appeal could not be presented in time.

(3) Every appeal shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and shall be accompanied by a copy of the order appealed against.

Rule 26 Penalty for contravention

11. Rule 26 substituted by Notification No, LD 37 LSC 97, dated 31-8-1998, w.e.f. 2-9-1998 Whoever contravenes Rule 8, Rule 9, Rule 17, Rule 18, Rule 19, Rule 20, Rule 22, Rule 24 or Rule 24A, shall on conviction, be punishable with fine which shall not be less than one hundred rupees but which may extend to two hundred and fifty rupees.

APPENDIX A Statement under Section 4(1)

FORM

FORM A

[See Rule

Statement

under Section 4(1)

Name of the Establishment, if any.

Postal address and situation of the

establishment.

Situation of office, storeroom, godown,

warehouse or work place, if any, attached to a shop but situated

in premises different from those of the shop.

Name of the employer.

Residential address of the employer.

Name of the Manager, if any, and his

residential address.