ACT 32 OF 1969

                               THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) ACT, 1969[1]

An Act to amend the Kerala Shops and Commercial Establishments Act, I960.

Preamble . —WHEREAS it is expedient to amend the Kerala shops and Commercial Establishments Act, 1960, for the purposes here inafter appearing;

Be it enacted in the Twentieth Year of the Republic of India as follows:—

   1. Short title and commencement.—(1) This Act may be called the Kerala Shops and Commercial Establishments (Amendment) Act, 1969.

           (2) The provisions of this Act, except section 2, shall come into force at once and section 2 shall come into force on such date as the Government may, by notification in the Gazette, appoint.

  2. Insertion of new Chapter IA. —After Chapter I of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) (herein­after referred to as the principal Act), the following Chapter shall be ins erted, namely:—

"CHAPTER IA

Registration

            5A._ Registration of establishments.— (1) The employer of every establishment shall make an application to such authority as the Government may, by notification in the Gazette, specify in this behalf (in this Chapter referred to as the ''competent authority"), in such form on payment of such fees as may be prescribed, for a registration certificate in respect of that establishment.

        (2) An application under sub-section (1) shall be made within sixty days from the date of commencement of this section:

               Provided that in the case of an establishment started after the commencement of this section, such application shall be made within ; sixty days from the date on which the establishment commences its work.

      (3) The application shall specify the following particulars namely:—

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

                  (b) the postal address of the establishment;

                  (c) the name, if any, of the establishment;

                  (d) the category of the establishment, that is to say, whether it is a shop or a commercial establishment;

                  (e) the number and names of employees employed in the establishment;



                  (f) such other particulars as may be prescribed.

          (4) On receipt of an application under sub-section (1). the competent authority shall, if it is satisfied that the application is in accordance with the provisions of this Act and the rules made there­under, register the establishment and issue to the employer a regis­tration certificate in the prescribed form which shall be conclusive evidence that such establishment is duly registered under this Act.

          (5) A registration certificate granted under this Act shall not be valid beyond the year in which it is granted but may be renewed from year to year.

         (6) An application for the renewal of a registration certificate granted under this Act shall be made at least thirty days before the expiry of the period thereof, on payment of such fees as may be prescribed, and where such an application has been made, the registration certificate shall be deemed to continue notwithstanding the expiry of the period thereof, until the renewal of the registration certificate or, as the case may be, rejection of the application for the renewal thereof.

        (7) The competent authority shall not grant or renew a registration certificate unless it is satisfied that the provisions of this Act and the rules made thereunder have been substantially complied with.

       (8) The competent authority may, after giving the holder of a registration certificate granted or renewed under this Act, an opportunity of being heard, by order cancel or suspend the registration certificate if it appears to it that such registration certificate has been obtained by mis-representation or fraud or that the employer has contravened or failed to comply with any of the provisions of this Act or the rules made thereunder.

                                                                        5B. Appeals.—Any person aggrieved by an order of the competent authority refusing to grant or renew a registration certificate or cancelling or suspending the same, may, within a period of sixty days of the receipt by him of such order and on payment of such fees as may be prescribed, appeal to such authority as the Government may, by notification in the Gazette, specify in this behalf, and such au thority may by order confirm, modify or reverse the order appealed against.

                   5C. Duties of employer .— (1) A registration certificate granted or renewed under this Act shall be prominently displayed by the employer in the premises of the establishment.

          (2) The employer shall give notice in the prescribed form to the competent authority and the Inspector having jurisdiction over the area in which the establishment is situate of any change in respect of any of the particulars contained in his application under sub-section (1) of section 5A within seven days after the change has taken place.

          (3) A notice under sub-section (2) shall be accompanied by such fee as may be prescribed.

         (4) On receiving a notice under sub-section (2) and the prescribed fees, the competent authority shall, if it is satisfied about the correctness of the notice, register the change and amend the registration certificate or issue a fresh registration certificate.

          (5) The employer shall within ten days of closing his establishment, give notice thereof to the competent authority and the Inspector having jurisdiction over the area in which the establishment is situate.

         (6) On receiving a notice under sub-section (5), the competent authority shall, if it is satisfied about the correctness of the notice remove the name of such establishment from the register and cancel th e registration certificate.".

        3. Insertion of new section 13A.—After section 13 of the principal Act, the following section shall be inserted, namely:—

           "13A. Special casual leave for sterilisation operation.— (1) Every employee who undergoes sterilisation operation shall be entitled to special casual leave with wages for a period not exceeding—

                     (a) six days in the case of a male employee;

    and

                    (b) fourteen days in the case of a female employee, with effect from the day on which he or she undergoes such operation.

          (2) If an employee who has undergone sterilisation operation is discharged by his or her employer during the period specified in sub-section (1), the employer shall pay such employee the amount payable under section 14 in respect of the period of the special casual leave to which the employee was entitled at the time of discharge.".

   4. Substitution of new section for section 14 . —For section 14 of the principal Act, the following section shall be substituted, namely:—

               “14. Wages during leave period.—(1) For the leave allowed to an employee under section 13 or section 13A, the employee shall be paid at the rate equal to the daily average of his or her total full time earnings exclusive of any overtime earnings and bonus, but inclusive of dearness allowance and the cash equivalent of any advantage accruing by the supply of meals and by the sale by the employer of foodgrains and other articles at concessional rates for the days on w hich the employee worked

during the month immediately preceding his leave.

            (2) The amount payable to an employee under sub-section (1) for the leave allowed under section 13A shall be paid to him or her on production of a certificate from such authority and in such form as may be prescribed, to the effect that the employee has undergone sterilisation operation.".

  5. Amendment of section 29.—In section 29 of the principal Act,—(1) The existing sub-section (1) shall be renumbered as sub- section (1A) of that section, and before sub-section (1A) as so re- numbered, the following shall be inserted as sub-section(1), namely:— ...

            "(1) Whoever commits any breach of the provisions of sections 5A and 5C of Chapter IA shall be punishable,—

      (a) with fine which may extend to two hundred and flfty rupees and in case of continuing breach with fine which may extend to ten rupees for every day during which the breach continues after conviction for the first breach; or

     (b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the competent authority to discontinue such breach.".

         (2) in sub-section (1A) as so renumbered, after the figures "13" the figures and letter "13A" shall be inserted.