BOMBAY SHOPS AND ESTABLISHMENTS (GUJARAT EXTENSION AND AMENDMENT) ACT, 1961
GUJARAT ACT No. XI of 1963
(First published, after having received the assent of the President, in the. “Gujarat Government Gazette”on the 1st March 1932.)
An Act to amend the Bombay shows and Establishments Act, 1948 for the purpose of extending to, and bringing it into force in, the rest of the State of Gujarat and entertain other purposes.
It is hereby enacted the Twelfth Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Bombay Shops and Establishments (Gujarat Extension and Amendment) Act, 1961.
(2) It shall coins into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section I of Bom. LXXIX 1948.
2. In section 1 of the Bombay Shops and Establishments Act, 1948 (hereinafter referred to as “the principal Act”)—
(11) for sub-section (2), the following shall be substituted, namely “(2) It extends to the whole of the State of Gujarat.”:
(2) to sub-section (3), the following proviso shall be added, namely :–
“Provided that in the areas in which all or any of the provisions of the Saurashtra Shops and Establishments Act, 1955 were in force immediately before the commencement- of the Bombay Shops and Establishments (Gujarat Extension and Amendment) Act, 1961, all the provisions of the Act shall come into force on such commencement”.
Amendment of section 2 of Bom. LXXIX 1948.
3. In section 2 of the principal Act, —
(a) for clause (3) the following shall be substituted, namely :—
“(3) “Closed” means not open for the service of any customer, or for Any business of the establishment, or for work, by or with the help of any Employee, of or connected with the establishment;”;
(b) for clause (6) the following shall be substituted, namely ;—
“(6) ‘Employee’ means a person wholly or principally employed, whether directly or through any agency and whether for wages or other consideration, in or in connection with any establishment; and includes an apprentice but does not include a member of the employer’s family;”;
(c) for clause (15) the following shall be substituted, namely :—
"(15) “Local authority”means —
(i) a municipal corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 ;
(ii) a municipality constituted under the Bombay District Municipal Act, 1901 or that Act as applied to the Saurashtra area of the State of Gujarat ; or the Bombay Municipal Boroughs Act, 1925, or that Act as applied to the Saurashtra and Kutch areas of the State of Gujarat; or
Bom. VI of 1923.
(iii) a local beard constituted under the Bombay Local Beards Act, 1023 ;
and includes any other body which the State Government may by notification in the Official Gazette, declare to be a local authority for the purposes of this Act;”;
(d) for clause (18) the following shall be substituted namely :—
“(18) ‘Opened’ means opened for the service of any customer or for any business of the establishment, or for work, by or with the help of any employee, of or connected with the establishment;”;
(e) in clause (23), after the word “establishment” the words and figure “granted or renewed under section 7”shall be inserted;
(f) for clause (32) the following shall be substituted namely :—
“(32) ‘Year’ means a year commencing on the first day of January;"
4. In section 7 of the principal Act: —
Amendment of section of Bom. XXIX of 1948.
(1) in sub-section (2), the words “The registration certificate shall be prominently displayed at the establishment, shall be deleted ;
(2) after sub-section (4), the following sub-sections shall be inserted, namely :—
“(5) A registration certificate granted under sub-section (2) shall, unless it is cancelled earlier, remain in force from the date of its grant upto the (Mid of the year in which it is granted, and shall be renewable from time to time for one year at a time :
Provided that a registration certificate granted before the commencement of the Bombay Shops and Establishments (Gujarat Extension and Amendment) Act, 1961 and in force immediately before such commencement shall remain in force upto the end of December 1961 unless it is cancelled earlier.
(6) An employer, holding a registration certificate shall, except in the circumstances mentioned in section make an application for its renewal it the prescribed form to the Inspector not later than fifteen day before the date of its expiry. Such application shall be accompanied by such fee as may be prescribed.
(7) On receipt of an application in accordance with sub-section (6), the Inspector shall on being satisfied about the correctness of the particulars mentioned in the application renew the registration certificate in the prescribed form.
(8) The registration certificate renewed under sub-section (7) shall unless it is cancelled earlier, remain in force for the year for which it is renewed.
(9) The registration certificate shall be prominently displayed at the promises of the establishment.”.
Amendment of section 11 of Bom. LXIX of 1948.
5. In section 11 of the principal Act, in sub-section (i) in clause (ii) for the words dealing in”, the words dealing mainly in shall be substituted.
Amendment of section 12 of Bom. LXIX of 1948.
6. In section 12 of the principal Act, to sub-section (1), the following proviso shall be added, namely :—
“Provided that nothing in this sub-section shall apply to the sale of newspapers.”.
Amendment of section 15 of Bom. LXIX of 1948.
7. Section 15 of the principal Act shall be renumbered as sub-section (1) if that section and--
(1) in sub-section (1) as so renumbered, for the words “an interval for rest of at least one hour “the following shall be substituted, namely:-
“an interval for rest of at least —
(i) half an hour, if he is employed in a commercial establishment engaged in any manufacturing process, anti
(ii) one hour in any other case, subject, howover, to the provisions of sub-section (2) “;
(2) after sub-section (1), the following sub-section shall be inserted, namely :—
“(2) In the case of employees other than these employed in a commercial establishment engaged in any manufacturing process, the State Government, on an application made in that behalf by the employees concerned, may permit the reduction of the interval for rest to half an hour.”.
Amendment of section 18 of Bom. LXIX of 1948.
8.In section IS of the principal Act,—
(1) in sub-section (1),-
(i) for the words “The employer shall “the words, brack is, figure and letter “Except where the day is fixed under sub-section (1B) the employer shall shall ho substituted ;
(ii) the words “at the beginning of the year “shall be deleted ;
(iii) the following shall be added at the end, namely
“Such calendar or list- shall be prepared at the be inning of the year but in the case of a shop or establishment to which this Act becomes applicable for the first time after the beginning of a year, the first calendar or list for the remaining part of the year shall be prepared befored the expiry of one month from the date of the application of this Act thereto.”;
(2) in sub-section (1A), after the words, brackets and figure Notwithstanding anything contained in sub-suction (1) "the words, brackets figure and letter “but except whore the day is fixed under sub-section (IB) “shall be inserted, and for the words “closed day "the words a closed day “shall be substituted ;
(3) after sub-section (1A), the following sub-section shall be inserted namely:-
“(IB) (a) Notwithstanding any tiling contained in sub-section (1) in respect of any area within the jurisdiction of a local authority local authority and in respect of any other area, the State Government may by an order published in the prescribed manner, fix the day on which a shop or commercial establishment shall remain dosed very week; and different days may be fixed with reference to detection classes of shops or establishments, different parts of the same area or different periods of the year.
(b) Every shop and commercial establishment to which such order applies shall remain closed accordingly :
Provided that nothing in this clause shall apply to a shop or commercial establishment, the employer of which has notified to the Inspector at the beginning of the year his intention to close the shop or establishment on a public holiday within the meaning of the Negotiable Instruments Act, 1881.
(c) The making of an order under cause (a) shall be subject to the condition of previous publication.
Amendment of section 22 of Bom. LXXIX of 1948.
9. To section 22 of the principal Act, the following proviso shall be added, namely :—
“Provided that, the State Government may, on an application made in that behalf by the employees concerned, permit the reduction of the interval for rest to half an hour.".
Amendment of section 29 of Bom. LXXIX of 1948.
10. To section 29 of the principal Act, the following proviso shall be added, namely:-
“Provided ill fit, the State Government may, on an application made in that behalf by the employees concerned, permit the reduction of the interval for rest to half an hour.”,
Insertion of new section 31A in Bom. LXXIX of 1918.
11. In Chapter VI of the principal Act, after section 34, the following section shall be inserted, namely:-
“34A. Mo young person or woman working in any established whether as an employee or otherwise, shall be required or allowed to perform such work as may be declared by the State Government by notification in the Official Gazette to be work involving health or morals,”.
Amendment of section 35 of Bom. LXXIX of 1948.
12. In section 35,—
(i) for sub-section (1), the following shall be substituted, namely:-
“(1) (a) Subject to the provisions of clause (b) employee who has been employed for not less than, three months in any year, shall for every 60 days on which he has worked during the year be allowed leave, consecutive or otherwise, for a period of not than five days:
(b) every employee who has worked for not less than two hundred and forty days, during a year shall be otherwise, for a period of not less than twenty-one days :
Provided that such leave may be accumulated up to a maximum period of forty-two days.
Explanation.— The leave allowed to an employee union clause (a) and (b) shall be inclusive of the day or days during the period of such leave on which a shop or commercial establishment remains closed under section 18, or on which he is entitled to a holiday under sub¬section (I) of section 24 or section 31.”;
(ii) sub-section (1A) shall be deleted ;
(iii) in sub-section (2) and (3) the word, brackets, figure and letter "or (1A) “shall be deleted.
Insertion of section 35A in Bom. LXXIX of 1918.
13. In the principal Act, after section 38 the following section shall be inserted, namely :—
Application of Act VII of 1923 to employees to establishment.
“38A. The provisions of the Workmen’s Compensation Act, 1923 and the rules made from time to time thereunder, shall mutatis, mutandis, apply to every employee (other than an employee who is an receipt of monthly wages exceeding four hundred rupees) of an establishment to which this Act applies and in which at least five employees are employed on the date of the accident as if he were a workman within the meaning of that Act.
Explanation.— For the purposes of this section the expression ‘wages’ shall have the same meaning as is assigned to it under the Workmen’s Compensation Act, 1923.”,
Amendments of section 45 of Bom. LXXIX of 1948.
14, In sub-section (1) of section 45 of the principal Act, after the words “subordinate to it “the words “in the area within the jurisdiction of the local authority “shall be inserted, and for the words, brackets and figures “Sub-section (2) of section 11 “the words, brackets and figures “Section 6, sub-section (2) of section, 11 “shall be substituted.
15. For section 48 of the principal Act, the following shall be substi¬tuted, namely:-
Appointment of Inspectors.
“48. (1) For an area within the jurisdiction of a local authority the
local authority and for other areas the State Government shall, subject to the provisions of sub-section (3), appoint as many Inspectors as the local authority or the State Government, as the case may be, may deem necessary for the purpose of carrying out the provisions of this Act.,
(2) Notwithstanding anything contained in sub-section (i), in the areas within the jurisdiction of a local authority, the State Government may appoint Inspectors for such supervision as the State Government may proscribe. '
(3) A person possessing the proscribed qualifications shall be qualified for being appointed as an Inspector,
(4) A local authority or, as the case may be, the State Government may direct that the powers conferred on it by this section shall in such circumstances, and subject to such conditions (if any) as may be specified in the direction, be exercised-
(а) in the case of a local authority by its standing committee or by any committee appointed by it in this behalf or, if such local authority is a municipal corporation, by its Municipal Commissioner or Deputy Municipal Commissioner, and
(b) in the case of the State Government, by any officer subordinate to it.”.
16. In section 52 of the principal Act,—
(1) in clause (a) after the word and figure “section 7 “the words, brackets and figures “or fails to apply for the renewal of his registration certificate as required by sub-section (6) of section 7 “shall be inserted,
(2) in clause (d) for the word and figures 33 or 34 “the figures, word and letter “33, 34 or 34A “shall be substituted, and
(3) at the end the following proviso shall be added, namely:-
“Provided that, if the contravention of any of the provisions of section 7 is continued after the expiry of the fifteenth day aft or conviction, the employer shall on conviction be punished with a further fine which may extend to ton rupees for each day on which the contravention is so continued.”,
17. In section 56 of the principal Act for the figures “33”the figures, and letter “33, 34A”shall be substituted.
Amendment of section 60 of Bom. LXXIX of 1948.
18. In the proviso to sub-section (1) of section 60 of the principal Act, after the words “Municipal Commissioner “the words “or Deputy Municipal Commissioner shall be inserted, ;
Amendment of section 66 of Bom. LXXIX of 1948.
19, In section 66 of the principal Act,—
(1) for the portion beginning with 11 continuous employment for not less than three months “and ending with “in lieu of such notice”, the following shall be substituted, namely :—
“continuous employment —
(a) for not less than a year, without giving such person at least thirty days’ notice in writing, or 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,”;
(2) for the marginal note the following shall be substituted, namely :—
“Notice of termination of service.”.
Amendment of section 67 of Bom. LXXIX of 1948.
20. In section 67 of the principal Act,—
(a) in sub-section (2) —
(i) after clause (c) the following clause shall be inserted, namely :—'
“(a) the form of application for the renewal of a registration certificate under section 7 ;”;
(ii) clause (g) shall be deleted ;
(b) after sub-section (5) the following Hub-sections shall be inserted namely:-
“(4) All rules made under this Act shall be laid before the State Legislature as soon as possible after the 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 in the session immediately following.
(5) Any modifications so made by the State Legislature shall be notified in the Official Gazette and shall, thereupon take effect.”
Substitution of new section for section 70 of Bom. LXXIX of 1948.
21. For section 70 of the principal Act, the following shall be substituted namely ;—
Persons employed in factory to be governed by Factories Act and not by this Act,
“70. Nothing in this Act shall be deemed to apply to a factory and the provisions of the Factories Act, 1948, shall, notwithstanding anything contained in that Act, apply to all parsons employed in and in connection with a factory ;
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:
LXIII of 1948.
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, to any shop or commercial establishment situate within the precincts of an 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.”.
22. In section 71 of the principal Act,—
(a) for the words “three months” the words “two months” shall be substituted ;
(b) for the words “the State Government” the words “the Commissioner toner of Labour, Ahmadabad” and for the words “it. shall also submit to it” the words “it shall also submit to him” shall, respectively, be substituted,
23. (1) On the commencement of this Act, the Saurashtra Shops and Establishments Act, 1955 (hereinafter referred to as “the repealed Act”) shall stand repealed :
Provided that, such repeal shall not affect—
(a) The previous operation of the repealed Act or anything duly done or suffered (hereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act ; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed under the repealed Act; or
(d) any invest relation, legal proceeding or remedy in respect of any such right, privilege, obligation; liability, penalty, 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 passed :
Provided further that anything done or any action taken under the provisions of the repeated. Act shall be deemed to have been done or taken under the corresponding provisions of the principal Act, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the principal Act.
(2) Act exemptions granted by or under the repealed Act and in force immediately before the commencement of this Act shall continue in force as if granted under the corresponding provisions of the principal Act unless and until the-.- are superseded by anything done or any action taken under the principal Act. |
