Bombay Shops & Establishment Act, 1948 1. Introduction 2. Forms and Formalities 3. Compliances 4. Maintenance of Registers 5. FAQs 6.

Documents required for Registration Introduction w By repealing the old ""Bombay Shops & Establishments Act, 1939"", a new enactment known as ""The Bombay Shops & Establishments Act, 1948"" was brought into force from 11th January 1949 on the basis of Mr. Shantilal Shah ÇÖs Committee ÇÖs Report. This act is a social piece of legislation of the State Government enacted to prevent sweat labourers of Un-organized sector and to regulate the condition of work and employment and therefore to secure maximum benefits to the employees working in different categories of establishment viz. Shops, Commercial Establishments, residential hotels, restaurants, eating houses, theatres and other places of public amusement or entertainments are mainly protected by the provisions of this act. For the jurisdiction of Greater Mumbai by virtue of the statutory provisions of Section 43 of the said Act subject to the overall supervisions of the State Government through the Commissioner of Labour, Mumbai.The shops & Establishments Department is headed by the Chief Inspector, Shops & Estts. the Chief Inspector, Shops & Establishments is assisted by Four Deputy Chief Inspectors. To enforce the provisions of the following acts and rules framed as under. Çó The Bombay Shops & Establishments Act, 1948. Çó The Minimum Wages Act, 1948. Çó The Payment of Wages Act. 1936. Çó The Workmen ÇÖs Compensation Act, 1923. Çó The Industrial Employment (Standing Orders) Act, 1946. Çó The Maternity Benefit Act, 1961. Çó The Child Labour (Prohibition and Regulation) Act, 1986. Forms and Formalities Çó Form 'A': This form is prescribed for registration of the Estts. under Bombay Shops & Estts. Act, 1948. Registration is made under Sec 7(1)(4) of the said act. Çó Form 'B': This is prescribed for the periodical renewal of registration certificate say for one year or three at a time. Renewal is made under sec 7(2A) of the Bombay Shops and Estts. Act Çó Form 'E': This form is prescribed for making any subsequent change in the information already submitted in form 'A'. Çó The Registration Certificate is generally valid upto the end of the calendar year for which it is granted under Sec. 7(2A) it is required to get every Registration Certificate renewed for next calendar year fifteen days before the date of expiry of Registration Certificate in hand by submitting prescribed form 'B' alongwith prescribed renewal fees to the concerned Shop Inspector. Çó As per Sec. 7(2B), the renewal of Registration Certificate can be made for 3 calendar years at a time at the option of the employer by paying requisite for that period. In such cases the Registration Certificate shall be valid upto the end of 3rd calendar year including and from the year to which it is granted or renewed as the case may be. Çó If the renewal application is not made within the period prescribed but it is made within thirty days after the date of expiry of Registration Certificate or the renewed Registration Certificate as the case may be, then in such cases an additional fee as late fee equal to half of the fee payable for normal renewal of Registration Certificate is charged . Compliance

not providing Identity Cards to certain class of employees. exceeding total hours. notices for inspection on demand. closing of establishments later than prescribed hours. employing female employees after prescribed hours. non-renewal. calling employees for work on their weekly offs. · Requiring the registration and licensing of factories and prescribing the fees payable for such registration and licensing and for renewal of licences. · Requiring for the purpose of considering applications for such permission the submission of plans and specifications. not producing requisite record register. etc. not displaying name board in Marathi in Devnagari Script etc. keeping establishment open on weekly closed day. not paying wages as per rates prescribed under Minimum Wages Act. employing child labour. leave register. not granting privilege leave. visit book. Viz. continuous work without rest interval. Çó The major breaches of the provisions of the Act consist of non-registration. lime washing register. spread over.Çó During the course of enforcement the inspectors have to visit various establishments and to detect breaches of the provisions of the Act and rules framed there under and to launch prosecutions on defaulters accordingly. Not maintaining prescribed register of employment. FACTORIES SETUP IN MAHARASHTRA AND BOMBAY SHOPS AND ESTABISLHMENTS ACT. 1948 Approval. not providing leave book to the employees or not making suitable entries therein. If on an application for permission sent to the State government or Chief . 1948 the State Government may make rules: · Requiring submission of plans of any class or description of factories to the Chief inspector or the State Government and also requiring previous permission in writing of the state government or the Chief inspector to be obtained for the site on which the factory is to be situated. licensing and registration of Factories: Under the provisions of Factories Act. · Prescribing the nature of such plans and specifications and by whom they shall be certified. opening of establishment before prescribed hours. Çó The major of breaches of the provisions of rule are of the nature of procedural lapses.

.. theaters. construction or extension of a factory or to the registration and licensing of the factory.com It applies to the local areas specified in Schedule-I of the Act. The Act also covers employment of children.making a difference for you D-19 (GF) & D. and other places of public entertainment and other establishments. On receipt of the application and the fees the inspector. no order is communicated to the applicant within 3 months from the date of application. In cases where the State Government or the Chief inspector refuses to grant permission to the site. . leave and payment of wages. 1948: The Bombay Shops and Establishments Act.31. South Extension -1.com. The Shops and Establishments Department is headed by the Chief inspector. restaurants. website: www. Shops and Establishment and he is further assisted by four Deputy Chief Inspectors.. Bombay Shops and Establishments Act.. eating houses... the applicant may within 30 days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to State Government in any case.inspector by registered post. the permission applied for in the said application shall be deemed to have been granted.. 1948 was enacted to regulate conditions of work and employment together with regulation of establishments in shops. commercial establishments.. New Delhi-110049. health and safety etc.. on being satisfied about the correctness of the particulars contained in the application will register the establishment and issue a registration certificate. India email: g. young persons and women.. residential hotels. Procedure for registration of estabishment: Employer of an Establishment has to apply to the inspector of the local areas concerned in the prescribed form along with the prescribed fees for getting the establishment registered under the Act. Higher standards..indialawoffices.khurana@indialawoffices.

..31.. The inspector will then cancel his registration. The prescribed form has to be submitted 15 days before the expiry date Higher standards..If there is any change in such particulars the employers has to notify the same to the Inspector by applying in the prescribed form accompanied by prescribed fees and get the registration certificate suitably amended.making a difference for you D-19 (GF) & D..indialawoffices. In case of any change in the establishment. destroys or defaced his registration certificate he can obtain the same by applying to the inspector with the prescribed fees for issuance of the duplicate certificate. India email: g. It is to . it has to be specified within 15 days after the expiry of the quarter to which the changes relate. South Extension -1. The employer has to get the registration certificate renewed every year by applying to the Inspectors by applying to the inspectors in the prescribed form.. New Delhi-110049. website: www..... Details · First income tax Assessment order · BMC Declaration · Date of commencement of Business Closing and renewal of establishment: If an employer is closing down a business he has to notify the same to the inspector under Section 8 of the Act within 10 days of his doing so. There are provisions in the Act for the renewal of registration by submitting the relevant forms to the authority notified along with the old certificate of registration and renewal fees for minimum one year renewal and maximum of 3 year renewal. If by any chance the employer loses.khurana@indialawoffices.com. Required documents for registration: · Memorandum of Articles of Association/ Trust Deed · Premises purchase Agreement · List of Directors/ Managers · First Bank Account opening proof/ Bank Account No.com of certificate..

m. His spread over cannot exceed 11 hours in a day. Generally the closing hours of shops is that they must be closed at the latest by 8:30 p. are allowed to be open from 5 a. onwards.m.. Restrictions on working hours of employees in shops and commercial establishments: Generally the opening hours of shops is not earlier than 7 a. Restrictions placed on the employment of children and women: The employment of children is totally prohibited and anybody who is below the .m.m and closed later than 8:30 p. but the shops selling goods like milk. vegetable etc. Every shop and commercial Establishment must remain closed on one day of the week. the provisions of the Act will apply to it otherwise the provisions of Factories Act will apply to it. He must be allowed an interval of rest of at least one hour after five hours of continuous work.30 p. but shops selling goods like pan. bidi etc. Entries 1 and 2.m.m in a day. Also in the cases where the shop or commercial establishment is situated in the premises of a factory and is not connected with the manufacturing process of the factory.be noted that the establishment of the central government and state government are exempted from all provisions of Act by Section 4 and Schedule II. Commercial establishment are not allowed to be opened earlier than 8. No deduction can be made from the wages of any employee in a shop or commercial establishment on account of any day on which it has so remained closed. are allowed to keep open up to 11 p. An employee in a shop and commercial establishment cannot be required or allowed to work for more than 9 hours in a day and 48 hours in a week.

Compliance: During the course of enforcement the inspectors have to visit various establishments and to detect breaches of the Act and the rules made there under and to launch prosecutions and defaulters accordingly. The major breaches of the provisions of the Act consist of non-registration. The only exception to the rule is if an employee is terminated by way of discharge or dismissal for misconduct. the employer can terminate his services by giving him 14 days notice in writing or wages in lieu of this notice. The major breaches of the provisions of the rule are of the nature of procedural .m. the employer need not give any notice to the employee. Similarly no women is required or allowed to perform work involving danger to her life. health or morals. whether as an employee or otherwise in any establishmeThere is further restriction put on closing hours for women and giving them dangerous work. employing child labor etc.age of 15 years is considered to be a child and no child can be allowed or required to work . whether as an employee or otherwise in any establishment after 9:30 p. Provisions regarding notice of termination of services of an employee: According to Section 60 of the Act if an employer wants to terminate the services of any employee who has been in his continuous service employment for one year or more. the employer can terminate his employment by giving him 30 days clear notice in writing or wages in lieu of such notice. No women is allowed or required to work. If this procedure is not followed the termination is bad in law and the employee is entitled to reinstatement with continuity of service and full back wages. Also if an employee is in his continuous service for less than a year but more than three months. leave issues of the employees including making them work on public holidays. opening of establishment before prescribed hours and closing of establishment before prescribed hours. nonrenewal.

This will help you focus your training needs on the goals of the position and company and help your employees develop toward the ultimate success of the organization. To ensure we are both on the same page.e.e. training. not providing leave book to the employee. leadership) rather than a skill or ability. The Majority of the offences under the Act are punishable with fine which would be not less than 50 be not less than 50 Rupees and which may extend to 500 Rupees. 3) With a competency based job description. you can use the results of your evaluation to identify in what competencies individuals need additional development or training. job evaluation. lime washing register.lapse. The steps involved in competency mapping with an end result of job evaluation include the following: 1) Conduct a job analysis by asking incumbents to complete a position information questionnaire (PIQ). you are ready to develop a competency based job description. . not producing requisite record register. The primary goal is to gather from incumbents what they feel are the key behaviors necessary to perform their respective jobs. for example. Competency Mapping is a process of identify key competencies for an organization and/or a job and incorporating those competencies throughout the various processes (i. Using competencies will help guide you to perform more objective evaluations based on displayed or not displayed behaviors. notices for inspection on demand etc. not maintaining register of employment. you are on your way to begin mapping the competencies throughout your human resources processes. recruitment) of the organization. 4) Taking the competency mapping one step further. visit book. The competencies of the respective job description become your factors for assessment on the performance evaluation. 2) Using the results of the job analysis. leave register. or you can conduct one-on-one interviews using the PIQ as a guide. This can be provided for incumbents to complete. A sample of a competency based job description generated from the PIQ may be analyzed. This can be developed after carefully analyzing the input from the represented group of incumbents and converting it to standard competencies. we would define a competency as a behavior (i. communication.