BOMBAY SHOPS AND ESTABLISHMENTS (GUJARAT AMENDMENT) ACT, 1977
GUJARAT ACT NO. 26 OF 1977.
(First published after having received the assent of the Governor in the “Gujarat Government Gazette on the 18th August, 1977).
An Act further to amend the Bombay Shops and Establishments Act, 1948 for certain purposes.
It is hereby enacted in the Twenty-eighth 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 Amendment) Act, 1977.
(2) It shall came into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 2 of Bom. LXXIX of 1948.
2. In the Bombay Shops and Establishments Act, 1948 (hereinafter referred to as “the principal Act”), in section 2, in clause (15), for sub-clauses (15) and (ii), the following shall be substituted, namely:—
Guj. 34 of 1964.
“(ii) a municipality constituted under the Gujarat Municipalities Act, 1963; or
Guj. 34 of 1964.
(iii) a district panchayat constituted under the Gujarat Panchayats Act, 1961;”.
Amendment of section 4 of Bom. LXXIX of 1948.
3. In the principal Act, section 4 shall be renumbered as sub-section (1) of that section and after sub-sect ion (1) as so renumbered, the following sub-section shall be inserted, namely:— .
“(2) Every notification issued under the proviso to sub-section (1) shall be laid for not less than thirty days before the State Legislature as soon as possible after it is issued”.
Amendment of section 7 of Bom. LXXIX of 1948.
4. In the principal Act, in section 7,—
(1) in sub-section (5), for the words “for one year at a time” the words “for a period not exceeding three years at a time so however that any such period shall not include a fraction of a year” shall he substituted
(2) in sub section (8), for the words “for the year” the words “for the period” shall be substituted.
Deletion of Bom. LXXIX of 1948.
5. In the principal Act, section 25 shall be deleted.
Amendment of section 35 of Bom. LXXIX of 1948.
6. In the principal Act, in section 35,—
(1) in sub-section (i), in the proviso, for the words “forty-two days” the words “sixty-three days” shall be substituted;
(2) after sub-section (1), the following sub-sections shall be inserted, namely:—
“(1A) Every employee who has accumulated leave shall, when he goes oil leave for a period of not less than twenty-one days, be entitled to surrender, out of the balance of leave remaining to his credit on the commencement of .his leave, any period of leave, not exceeding twenty-one days; and such employee shall, for the period of leave so surrendered by him, be entitled to payment of wages as if the leave so surrendered had been allowed to him under sub-section (1):
Provided that no employee shall be entitled to surrender leave under this sub-section more than once in any period of two years.
(1B) In addition to the leave permissible under sub-section (2), every employee shall be entitled to leave with wages as follows:—
(i) casual leave for seven days in a year,
(ii) leave on medical grounds for not more than seven days in a year, and
(iii) leave for not more than four days in a year on any of the days which the State Government may, by notification in the Official Gazette, specify to be the National and Festival holidays.”;
(3) in sub-section (2), after the words, brackets and figure "under sub-section (3)”the words “retires, resigns or shall be inserted.
Amendment of section 38A of Bom. LXXIX of 1948.
7. In the principal Act, in section 38A,—
(i) for the words “four hundred rupees” the words “one thousand rupees” shall be substituted;
(ii) the portion beginning with the words “and in which at least five emp¬loyees” and ending with the words “of that Act” shall be deleted.
Insertion of new section 43A in Bom. LXXIX of 1948.
8. In the principal Act, after section 43, the following new section shall lie inserted, namely:-
Power of State Government to enforce provisions of Act within areas of local authorities.
“43A. Notwithstanding anything contained in section 43, the State Government may, by a notification in the Official Gazette, direct that in the areas subject to the jurisdiction of such local authority as may be specified in the notification the provisions of this Act shall be enforced by the State Government from such date and for such period as may be specified in the notification and thereupon such local authority and officers of such local authority shall be discharged from the duty of enforcing the provisions of this Act within such area from the date and for the period as so specified:
Provided tint the bye-laws, if any, made by the local authority under section 44 and in force in such area before the date so specified shall continue to be in force with amendments, if any, made therein, until such bye-laws arc a minded or superseded by the State Government.”.
Amendment of section 47 of Bom. LXXIX of 1948.
9. In the principal Act, in section 17, for the words “or a local beard” the words “or any other local authority” shall be substituted.
Amendment of section 48 of Bom. LXXIX of 1948.
10. In the principal Act, in section 48, in sub-section (i), for the words “within the jurisdiction of a local authority” the words “within the jurisdiction of a local authority whose duty it is to enforce the provisions of this Act” shall be substituted.
Amendment of section 60 of Bom. LXXIX of 1948.
11. In the principal Act, in section 60, in the proviso to sub-section (1), after the words “Deputy Municipal Commissioner” the words “or by any other office as may be specified in the direction” shall be inserted.
Insertion of new sections 62A and 62B in Bom. LXXIX of 1948.
12. In the principal Act, after section 62, tin following new sections be inserted, namely :—
Employer to furnish identity card to employees.
"62A. (1) This section shall apply to every residential hotel, restaurant and eating house in the whole of the State and it shall apply to such other establishments or classes of establishments in the whole of the State or any part thereof as may be specified by a notification in the Official Gazette, from such date as may be specified in such notification.
(2) The employer of every establishment to which this section applies shall furnish each employee therein with ail identity card which shall be produced by the employee on demand by an Inspector. Such card shall contain the following and such other particulars as may be prescribed, namely:—
(а) name and address of the employer;
(b) the name, if any, and postal address of the establishment;
(c) full name, address and designation of the employee;
(d) date of birth of the employee;
(e) the date on which the employee joined service in the establish¬ment;
(f) recent passport size photograph of the employee duly signed by the employee;
(g) hours of work, the interval for rest and the holiday, of the employee ;
(h) signature (with date) of the employer or manager :
Provided that it shall not be necessary to furnish such identity card to any employee to whom an identity card containing similar particulars and information is furnished under any other law applicable to him.
(3) The cost of such identity card including the cost of the photograph shall be borne by the employer.
(4) If the identity card furnished by the employer is lost by the employee, a duplicate card shall be furnished free of charge by the employer immediately on production of his passport size photograph by the employee for being affixed on the card.
(5) No employee shall work as an employee in an establishment to which this section applies unless he holds an identity card required to be furnished under this section and no employer shall permit or require any person who does not hold such card to work in such establishment,
(6) If an employer of any establishment to which this section applies contravenes any of the provisions of this section, he shall, on conviction, be punished with fine which shall not be less than ten rupees and which may extend to fifty rupees.
Exhibition of signboard.
62B. Every employer shall conspicuously display on the main entrance of the establishment, a wooden or metal signboard of such size painted in such manner and containing such particulars as may be prescribed.”.
Amendment of sections 67 of Bom. LXXIX of 1948.
13. In the principal Act, in section 67,—
(i) in sub-section (3), after elms? (k), the fallowing clauses shall be inserted, namely:—
“(kk) thy other particulars to be contained in an identity card under sub-section (2) of section 62A;
(kkk) the size of, the manner of paining of, and The particulars to be contained in, the signboard to be displayed under section 62B;”;
(ii) for sub-sections (4) and (5) the following shall be substituted, namely :—
“(4) All rules made under this section shall be laid for not less than Thirty days before the State Legislature as soon as may be a for they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may nuke during the session in which they are so laid or the session immediately following.
(5) Any rescission or modifications so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.”. |
