MAHARASHTRA SHOP AND ESTABLISHMENT ACT, 2017
To provide statutory obligation and rights to employees and employers in the unorganized sector of employment i.e. shop and establishment.
To regulate the condition of work and employment Shops , Commercial establishment, residential hotels, restaurant, eating houses, theaters and other place of public entertainment.
SCOPE AND COVERAGE-:
1) A state legislation each state has framed its own rules for the act.
2) Applicable to all persons employed in an establishment with or without wages except the member of the employers family.
3) State government can exempt either permanently or for a specified period any establishment from all or any provision of this act.
MAIN PROVISION-:
1) Compulsory registration of shop/establishment within 30 days of commencement of work.
2) Communication of closure of the establishment within 15 days from the closing of establishment
3) Lays down the hours of work per day and week.
4) Lays down guideline for spread-over, rest interval, opening and closing hours, closed days,national and religion holidays,overtime works.
5) Rules for employment of children young holidays person and women.
6) Lays down the minimum wages to be paid.
7) Rules for the annual leaves maternity leave sickness and casual leaves etc.
8) Rules for employment and termination of services.
9) Maintenance of register and records and display of notice
10) Obligation of employees
11) Obligation of employers.
REGISTRATION OF ESTABLISHMENT-:
1) Employers must send a statement in prescribe from along fee to inspector of local areas within 30 days of the commencement of the establishment.
2) the statement contain- a) Name of the employer or manager if any b) The postal address of the establishment c) category of the establishment d) Any other particular as may be prescribe.
3) The establishment may then be registered if the inspector id satisfied with the correctness of the statement and the certificate registration is issued.
4) Certificate of the registration be prominently displayed at the premises of the establishment.
5) Any changes in the statement submitted to the inspector must be notified in prescribed form.
6) Closing of the establishment must also be notified to the inspector within 10 days where upon such establishment may be removed from the registration of the establishment and registration certificate is cancelled.
7) Only for 10 or more workers.
OPENING AND CLOSING TIME-;
1) Shop dealing wholly in milks, vegetables fruits fish bread etc.
Opening time- 5.00 Am to closing time- 8.30 Pm
2) Shop dealing in goods and other than those prescribe above
Opening time-7.00 am to closing time- 11.00 pm
3) Commercial Establishment
Opening time- 8.30 am to Closing time-8.30 pm
4) Customer who is being served are waiting to be served at closing time may be served within 15 min.
WORKING HOURS-:
1) No employees is allowed to work MT 9 hrs in a day or for 48 hrs in a week.
2) An employee may be allowed to work up to 3 hrs a week over and above this limit and up to 26 hrs or NMT 6 days in a year for purposes of making of accounts, stocks talking settlement or prescribed occasions.
3) No employee is allowed to work for more than 5 hours at a strech unless he is given rest for half an hours if in case of commercial establishment engaged in manufacturing process and 1 hrs in any other cases.
4) The spread over of an employee in shop do not excess 11 hrs on any days.
CLOSING DAYS-:
1) Every shop or commercial establishment and remain closed on any one day of the week. The list of closing days and be notified to the inspector and displayed in the premises of the establishment.
2) A shop or establishment may remain open an the notified closing day provided it remains closed on any other days of the week and this change be notified ti the Inspector at least the week in advance.
3) Pharmacists, chemist and druggist shop are exempted from these provision relating to closing days.
EMPLOYMENT OF CHILDREN YOUNG PERSON AND WOMEN-:
1) No child ( Lt-14 yrs of age) may be allowed to work in an establishment.
2) No young person (Lt-17 yrs) is allowed to work in any establishment for MT 3 hrs in any day unless he has an interval of rest of at lest half an hours.
3) no young person or women is allowed to work before 1.00 am and after 7.00 pm in any establishment and to perform any such work as may be declared by the states Govt. to be involving danger of life health and morel.
HEALTH AND SAFETY-:
1) Premised to be clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be described which may include, lime washing, color washing, painting,varnishing,disinfecting and deodorizing.
2) Every establishment will be lighted and the also provided prescribed against fire.
3)A first aid box be maintained at every establishment where manufacturing process is carried out.
LEAVES-:
1) An employees who has worked for NLT 3 months in a year is allowed for leave NLT 5 days for every 60 days on which he has worked and for a period of NLT 21 days for every 240 days on which he works during an years. Such leaves may be accumulated for a maximum of 63 days.
2) In addition every employee is entitled to -:
a) Casual Leaves for 7 days a year
b)Medical Leaves for 7 days in year
c) Leave for NMT 4 days in year or any of national or festival holidays are specified by state govt. these leaves are with wages.
WAGES-:
1) The provision of payment of wages act,1936 and the workman's compensation act 1932 are applicable regarding the payment of wages of employees.
2)The wages payment period to be fixed by every employer and did not exceeds one month.
3)All wages to be paid in cash within 7 days of expiry of the wages pay.
4) Due wages of an employee terminated by an employer to be paid within a days of the termination.
5) Following deduction are allowed from the wages of the employee
a) Absence from duty
b) Fines
c) Advance or over payment of wages
d) House accommodation and other amnesties and services provides by the employer.
e) Loss or damages of goods due to negligence of employee.
f) Deduction an insured scheme appointed by the govt.or for payment of cooperative society.
g)Income Tax Deduction
h) Deduction required to be made by an order of court or any other competent agency.
ENFORCEMENT AND INSPECTION-:
1) Enforcement of the provisions of this act is the responsibility of local authorities in their respective jurisdiction and of state govt.in respective areas.
2) Local authorities or state govt. may appoint necessary number in inspector for the purpose of this act. An inspector must possess the prescribed qualifications.
3) An inspector may-:
a) Enter at he all Reasonable time with such assistant in any place in which he has reason to believe is an establishment.
b) Make examination of premises and of any prescribed registers records and notices and take on spot or otherwise evidence he may deem necessary.
c) Exercise such other powers as may be necessary fr carrying out the purpose of the act.
Renewal-: Last date 15th December.
To regulate the condition of work and employment Shops , Commercial establishment, residential hotels, restaurant, eating houses, theaters and other place of public entertainment.
SCOPE AND COVERAGE-:
1) A state legislation each state has framed its own rules for the act.
2) Applicable to all persons employed in an establishment with or without wages except the member of the employers family.
3) State government can exempt either permanently or for a specified period any establishment from all or any provision of this act.
MAIN PROVISION-:
1) Compulsory registration of shop/establishment within 30 days of commencement of work.
2) Communication of closure of the establishment within 15 days from the closing of establishment
3) Lays down the hours of work per day and week.
4) Lays down guideline for spread-over, rest interval, opening and closing hours, closed days,national and religion holidays,overtime works.
5) Rules for employment of children young holidays person and women.
6) Lays down the minimum wages to be paid.
7) Rules for the annual leaves maternity leave sickness and casual leaves etc.
8) Rules for employment and termination of services.
9) Maintenance of register and records and display of notice
10) Obligation of employees
11) Obligation of employers.
REGISTRATION OF ESTABLISHMENT-:
1) Employers must send a statement in prescribe from along fee to inspector of local areas within 30 days of the commencement of the establishment.
2) the statement contain- a) Name of the employer or manager if any b) The postal address of the establishment c) category of the establishment d) Any other particular as may be prescribe.
3) The establishment may then be registered if the inspector id satisfied with the correctness of the statement and the certificate registration is issued.
4) Certificate of the registration be prominently displayed at the premises of the establishment.
5) Any changes in the statement submitted to the inspector must be notified in prescribed form.
6) Closing of the establishment must also be notified to the inspector within 10 days where upon such establishment may be removed from the registration of the establishment and registration certificate is cancelled.
7) Only for 10 or more workers.
OPENING AND CLOSING TIME-;
1) Shop dealing wholly in milks, vegetables fruits fish bread etc.
Opening time- 5.00 Am to closing time- 8.30 Pm
2) Shop dealing in goods and other than those prescribe above
Opening time-7.00 am to closing time- 11.00 pm
3) Commercial Establishment
Opening time- 8.30 am to Closing time-8.30 pm
4) Customer who is being served are waiting to be served at closing time may be served within 15 min.
WORKING HOURS-:
1) No employees is allowed to work MT 9 hrs in a day or for 48 hrs in a week.
2) An employee may be allowed to work up to 3 hrs a week over and above this limit and up to 26 hrs or NMT 6 days in a year for purposes of making of accounts, stocks talking settlement or prescribed occasions.
3) No employee is allowed to work for more than 5 hours at a strech unless he is given rest for half an hours if in case of commercial establishment engaged in manufacturing process and 1 hrs in any other cases.
4) The spread over of an employee in shop do not excess 11 hrs on any days.
CLOSING DAYS-:
1) Every shop or commercial establishment and remain closed on any one day of the week. The list of closing days and be notified to the inspector and displayed in the premises of the establishment.
2) A shop or establishment may remain open an the notified closing day provided it remains closed on any other days of the week and this change be notified ti the Inspector at least the week in advance.
3) Pharmacists, chemist and druggist shop are exempted from these provision relating to closing days.
EMPLOYMENT OF CHILDREN YOUNG PERSON AND WOMEN-:
1) No child ( Lt-14 yrs of age) may be allowed to work in an establishment.
2) No young person (Lt-17 yrs) is allowed to work in any establishment for MT 3 hrs in any day unless he has an interval of rest of at lest half an hours.
3) no young person or women is allowed to work before 1.00 am and after 7.00 pm in any establishment and to perform any such work as may be declared by the states Govt. to be involving danger of life health and morel.
HEALTH AND SAFETY-:
1) Premised to be clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be described which may include, lime washing, color washing, painting,varnishing,disinfecting and deodorizing.
2) Every establishment will be lighted and the also provided prescribed against fire.
3)A first aid box be maintained at every establishment where manufacturing process is carried out.
LEAVES-:
1) An employees who has worked for NLT 3 months in a year is allowed for leave NLT 5 days for every 60 days on which he has worked and for a period of NLT 21 days for every 240 days on which he works during an years. Such leaves may be accumulated for a maximum of 63 days.
2) In addition every employee is entitled to -:
a) Casual Leaves for 7 days a year
b)Medical Leaves for 7 days in year
c) Leave for NMT 4 days in year or any of national or festival holidays are specified by state govt. these leaves are with wages.
WAGES-:
1) The provision of payment of wages act,1936 and the workman's compensation act 1932 are applicable regarding the payment of wages of employees.
2)The wages payment period to be fixed by every employer and did not exceeds one month.
3)All wages to be paid in cash within 7 days of expiry of the wages pay.
4) Due wages of an employee terminated by an employer to be paid within a days of the termination.
5) Following deduction are allowed from the wages of the employee
a) Absence from duty
b) Fines
c) Advance or over payment of wages
d) House accommodation and other amnesties and services provides by the employer.
e) Loss or damages of goods due to negligence of employee.
f) Deduction an insured scheme appointed by the govt.or for payment of cooperative society.
g)Income Tax Deduction
h) Deduction required to be made by an order of court or any other competent agency.
ENFORCEMENT AND INSPECTION-:
1) Enforcement of the provisions of this act is the responsibility of local authorities in their respective jurisdiction and of state govt.in respective areas.
2) Local authorities or state govt. may appoint necessary number in inspector for the purpose of this act. An inspector must possess the prescribed qualifications.
3) An inspector may-:
a) Enter at he all Reasonable time with such assistant in any place in which he has reason to believe is an establishment.
b) Make examination of premises and of any prescribed registers records and notices and take on spot or otherwise evidence he may deem necessary.
c) Exercise such other powers as may be necessary fr carrying out the purpose of the act.
Renewal-: Last date 15th December.
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