You are on page 1of 47

THE BOMBAY SHOPS AND ESTABLISHMENTS ACT,1948

1

PRESENTED BY ² Sr. MSW
y Aditi

Dalal y Pooja Chauhan y Jayad Patel y Vijendra Gadve

2

CONTENT COVERED
y INTRODUCTION

, y OBJECTIVE, SCOPE,APPLICATION y DEFINITIONS y REGISTRATION OF ESTABLISHMENT y PROVISIONS y PUNISHMENT AND BENEFITS
3

INTRODUCTION
The Bombay Shops & Establishments Act,1948 is applicable to regulate the service condition, working hours, leaves, weekly offs etc., of those who work in shops, commercial establishments, residential hotels, theatres and other places of public amusements etc. Employees working in shops & commercial establishments had no protection in respect of working conditions. An attempt was made in the year 1935 but it was not favoured by the then govt. The govt. itself carried out investigations, as a result the provincial Govt. of Bombay passed an Act namely the Bombay shops & Establishment Act,1939.
4

Shantilal Shah to make an enquiry in the working of the Act. appointed a committee under the chairmanship of Mr. The committee submitted report on 31st Dec 1947 & suggested certain recommendations in order to improve the working conditions. The govt. conducted a survey in order to know the improvement in working conditions & it was found that the employee were exploited.There after the govt. 1948µ 5 . On 13th of Oct. 1949.The Act came into force on the same date & it came to be known as the ´Bombay shops & Establishments Act. 1948 the govt. passed a bill & received Governor General·s assent on 11th Jan.

VARIOUS ESTABLISHMENTS UNDER THE ACT y y y y y y y Shops Commercial establishments Residential hotels Restaurants Eating houses Theatres Other establishments as specified under the Act 6 .

7 .OBJECTIVE y y The main object of the Act is to regulate the working conditions of the people employed in various establishments & also to protect them from exploitation. Its main concern is hygienic & health-aid welfare of the people employed in various establishments.The Act is a social security legislation.

may also direct all or any of the provisions shall come into force in such local areas having population less than 25. The State Govt. may direct that all or any of the provisions shall come into force in such other local areas having population of 25.SCOPE y y y y It extends to whole of Maharashtra. The State Govt. 8 .000. It shall in the first instance come into force in the local areas specified in the schedule 1.000 or more.

y The establishments of state and central govt. y 9 . declare any establishment or person or class of persons to whom this Act does not apply. by notification in Official Gazette. to be an establishment or person or class of persons to whom this Act thereof shall be applicable with such modification & from such date as may be specified in the notification.APPLICATION Section 5 deals with the application of the Act to the other establishments & persons. are exempted from all provisions of the act. y The State Govt.

DEFINITIONS 10 .

COMMERCIAL ESTABLISHMENT [SEC. All charitable & other trust y Any establishment which carries on any trade. medical practitioner 3. profession or business. whether for the purpose of gain or not. Accountant 6. Engineer 5. It must be an organised activity for carrying on business trade or profession. B. Architect 4. y 11 . Legal practitioner 2.Tax consultant 7. Other technical or professional consultant 8. y Such commercial establishments include any1. 2(4)] The organisation to be called as commercial establishment must possess two things:A. such activity must be carried on in a commercial manner.

12 . theatres. 2(8)] y y Means a shop. restaurants. The State Govt. is empowered to declare any other establishment to be a establishment for the purpose of this Act by giving notification. residential hotel. or other places of public amusement to which this Act applies.ESTABLISHMENT [SEC. commercial establishment.

restaurants. 2(27)] y y y Where goods are sold to the customers. commercial establishments. 13 . warehouse or work place. theatres & other places of public amusement. or services are rendered to a customer. store-rooms. sales may be wholesale basis or retail. It dose not include factories. residential hotels.SHOPS [SEC. Such shops include offices.

REGISTRATION OF ESTABLISHMENT 14 .

Changes to be communicated to the inspector.Registration of establishment.8 :.7 :.Closing of establishment to be communicated to the inspector. 7-9] 7SEC.9 :. y SEC.REGISTRATION OF ESTABLISHMENT [SEC. y SEC. y 15 .

SEC.Other particulars as may be prescribed. containing: 1.7 y SEC. the employer of every establishment shall send to the Inspector of the local area concerned a statement.7(1) :.Category of the establishment (shop. 2.The name of the employer & the manager. 4.The postal address of the establishment. theatre. together with such fees as may be prescribed.Name. hotel.Within the period specified in subsection (4). 16 . in a prescribed form(form A). of the establishment. 3. etc) 5. if any.

An application for the renewal shall be submitted not less than 15 days from the date of expiry of the registration & it shall be accompanied by such fees & the renewed registration certificate shall be in such form as may be prescribed. y SEC.A registration certificate shall be valid upto the end of the year for which it is granted. y 17 . y SEC.On receipt of the statement & fees. on being satisfied about correctness of the statement. such application shall be accompanied by an additional fees as late fees that is equal to 50% of the fee payable for renewal of a registration.7(2AA) :.SEC.7(2A) :. register the establishment in a prescribed form & issue a registration certificate to the employer that has to be displayed at the establishment.If the application is submitted after expiry but within 30 days after the date of expiry of the registration certificate . the Inspector shall.7(2) :.

the statement together with the fees shall be sent to the Inspector.Within 30 days from the day mentioned in the application.7(3) :.y SEC. SEC. y 18 . the Inspector shall refer the matter to the prescribed authority & after proper enquiry it shall decide the category of such establishment.In the event of any doubt or difference of opinion between the employer & the Inspector.7(4) :.

the employer has to notify the same to the inspector by applying in the prescribed form (form E) accompanied by the prescribed fee and get the registration form suitably amended.8 y y It relates to change in respect of any of the particulars contained in the statement submitted for getting registration certificate. 19 . If there is any change in the said particulars.SEC.

It is further provided that if the Inspector does not receives notice but is otherwise satisfied that the establishment has been closed.9 y y The employer shall within 10 days on closing his establishment. 20 .SEC. On receiving such information & being satisfied about its correctness. notify to the Inspector in writing. the Inspector removes such establishment from the register & cancels the registration. may cancel the registration. he on his own.

PROVISIONS 21 .

11 states that ² 1. has fixed later opening hours for different classes of shops or for different areas.30 p.m.SHOPS & COMMERCIAL ESTABLISHMENTS [SEC.m. Other than those specified.Shops of pan bidi. 2. Sec. fruits and other goods notified by the State Govt.The State Govt. Other than those specified below shall on any day be closed later than 8.m. shall on any day be opened earlier than 7 a. No shop dealing in perishable goods such as milk. may fix earlier closing hours for different classes of shops or for different areas. The state Govt.10 TO 18] y Opening & closing hours of shops [sec. Provided that any customer who was being served or was waiting to be served at such closing hour may be served during the quarter of an hour immediately following such hours.m. shall on any day be opened earlier than 5 a.(10-11)] 1. cigarettes & other ancillary articles shall on any day be closed later than 11 p. 22 .

23 . Provision for the Code of Criminal Procedure.12 y No person shall carry on in or adjacent to a street or a public place the sale of any good before the opening & closing hours fixed for the shop dealing in the same type of goods. If fails to deposit. It is provided that nothing in the subsection shall be applied to the sale of newspaper. the Magistrate shall direct their return to the person for whom they were seized. shall so far as they may be applicable. 1. apply to the disposal of goods seized under the section. goods seized shall be produced before a Magistrate for temporary custody. 3. 2. The goods seized shall be returned to the person on his depositing of Rs. 5.PROHIBITION OF HAWKING SEC. 6. Where no prosecution is instituted for contravention of above section. 4.25 as security for his appearance in the court. Any person violating the provision shall be liable to have his goods seized by an Inspector.

& closed later than 8.30.m. may fix later the opening & closing time of different classes of establishments or for different areas. the State Govt. y 24 .p.m.30 a.OPENING & CLOSING HOURS OF COMMERCIAL ESTABLISHMENT SEC. y Subject to the provisions.13 No commercial establishment shall be opened earlier than 8.

stock taking settlements or other prescribed occasions.14 y y y No employee shall be allowed to work in any shop or commercial establishment for more than 9 hrs in any day & 48 hrs in a week. 25 . may fix by rules for the purpose of making of accounts. any employee may be required to work in access of the period fix but such access period shall not exceed 24 hrs. Any employee may be allowed to work for any period in excess of the time limit fixed but such period shall not exceed 6 hrs in any week.DAILY & WEEKLY HOURS OF WORK IN SHOPS & ESTABLISHMENTS SEC. On not more than 6 days in a year which the State Govt.

y The period of work of an employee shall not exceed 5 hrs for continuous work & that they shall be allowed an interval for rest of atleast one hour. y 26 . it is very essential to give them rest at an interval. the interval for rest shall be atleast half an hour. may on an application made to that behalf by the union permit the reduction of the interval for rest to half an hour. 2. For employees in a commercial establishment engaged in any manufacturing process.The State Govt.15] If the workers or employees work for a long period they are fatigued & hence. y Provided that ² 1.INTERVAL FOR REST [SEC.

SPREADSPREAD-OVER IN SHOPS & COMMERCIAL ESTABLISHMENTS [SEC. 27 . the spread-over shall not exceed 14 hrs in any such day. Provided that if any shop is on any day entirely closed for a continuous period of not less than 3 hrs the spread-over shall not exceed 12 hrs in that day.16] y y y In respect to spread over in shops ² it shall not exceed 11 hrs in any day. It is further provided that where an employee works on any day in accordance with the provisions of sec(14).

SPREADSPREAD-OVER IN COMMERCIAL ESTABLISHMENT [SEC. 28 .17] y Not exceed 11 hrs in any day provided that the Govt. may increase the spread-over period subject to certain conditions.

y 29 .18] Every shop & commercial establishment shall remain closed on one day of the week. y No deductions shall be made from the wages of the employee on account of which the shop or establishment has remain closed. y Any shop or commercial establishments may remain open on any day notified as close day.HOLIDAY IN A WEEK IN SHPOS & COMMERCIAL ESTABLISHMENTS [SEC. y It shall not be lawful for an employer to call an employee for work on a day on which such shop or commercial establishment remain closed. if the employer has notified to the Inspector atleast 7 days before doing so.

30 a.19 TO 25] y Sec. 4. & not required to work later than 00.m. Any customer who was being served or waiting to be served at closing hours.m.19 :. 1. & closed later than 12 midnight.30 a. 30 . An employee shall be required to come to work not earlier than 4. RESTAURANTS & EATING HOUSES [SEC. he may be served during the quarter of an hour immediately following such hours.Opening & closing hours of restaurants & eating houses. 3. No restaurant or eating houses shall be opened earlier than 5 a. may fix later opening & earlier closing of such places.RESIDENTIAL HOTELS. The State Govt.m. 2.

22 :. y Sec. If such period does not exceed 3 hrs in a day. y Sec.Interval for rest.Sec. y 31 . No employee shall be required to work for more than 9 hrs in a day & 48 hrs in a week.Before the opening & after the closing of such places no goods of the kind sold in such shops shall be sold except for consumption. 20 :. 1. 2. Provided that the state Govt. The period of continuous work of an employee shall not exceed 5 hrs & no employee shall be required to work more than 5 hrs before he has given an interval of atleast one hour.Daily & weekly hours of work. may reduce the time for interval to half an hour on an application made by an employee or the trade union.21 :. 1. 2. Any employee may be required to work in excess of the period fixed.

y y Sec. No employer shall call on any employee for work on a day on which such employee has a holiday. Sec. Every employee shall be given atleast one day in a week as holiday. 3.23 :.Holiday in a week. 1.24 :. 2. No deductions shall be made from the wages of an employee on account of any holiday. If an employee is employed on daily wages he shall be paid his daily wages for the holiday 32 . restaurants & eating places shall not exceed 12 hrs in a day.Spread over of an employee in hotels.

3. The employer shall furnish every employee an identity card which shall be produced by the employee on demand by an Inspector. 2.y Sec. The name of the employer. the interval for rest & the holiday of the employee. The name. 25 :. if any. & the postal address of the establishment. 5. The signature (with date) of the employer or Manager. 33 . Such card shall contain the following & such other particulars as may be prescribed namely : 1.Employer to furnish identity card to employee. The name & age of the employee. 4.The hours of work.

30 a.Daily & weekly hours of work. Sec. 2. Sec.(26 TO 31)] y Sec.m. if such period does not exceed 6 hrs in any week.Closing hours.26 :.No goods of the kind sold in a shop shall be sold in any theatre or other places of public amusement or entertainment except for consumption on premises. No employee shall be required to work for more than 9 hrs in any day & 48 hrs in any week. be closed later than 00. 34 .THEATRES OR OTHER PLACES OF PUBLIC AMUSEMENT OR ENTERTAINMENT [SEC. on any day. Any employee may be required to work for any period in excess of the time limit fixed. No theatre or other places of public amusement or entertainment shall. 1.28 :.27 :.

Sec. may on application made on behalf of the union may permit the reduction of the time for rest to half an hour. Sec.Holidays in a week. Every employee shall be given atleast one day in a week as holiday. 2.Spread-over. 35 .29 :.30 :. If an employee is employed on a daily wage he shall be paid his daily wage for the holiday given to him.31 :. The spread-over of an employee shall not exceed 12 hrs in a day. No employer shall call on any employee for work on a day on which such employee has a holiday.Sec. 3. No deduction shall be made from the wages of an employee on account of any holiday given to him. 1. The State Govt.Interval for rest The period of work of an employee shall be so fixed that no period of continuous work shall exceed 5 hrs & that no employee shall be required to work for more than 5 hrs before he has had an interval for rest of atleast one hour.

2.LEAVE WITH WAGES [SEC. It should be made clear to every employee that the leave allowed shall be inclusive of the days during the period of such leave. on which a shop or commercial establishment remain closed. It is provided further that such leave can be accumulated upto a maximum period of 42 days. Every employee who has been employed for not less than 3 months in a year. 3.Leave 1.35 :. shall be allowed leave. Every employee who has worked for not less than 540 days during a year irrespective of the date of commencement of his service.(35 TO 38)] Sec. 36 . for a period of not less than 21 days. consecutive or otherwise. shall for every 60 days on which he has worked during the year be allowed leave for a period of not more than 5 days.

having applied for & having been refused the leave. the employer shall pay him the amount payable under sec. If an employee entitled to leave is discharged by his employer before he has been allowed the leave.The employee shall also send a copy of such intimation to his employer. 37 . he may give intimation to the Inspector. 5.36. refused the leave. or if. If an employee entitled to leave. The Inspector shall enter it in a register kept in such form as may be prescribed.4. the employee shall be entitled to carry forward the unavailed leave without any limit. he quits his employment before he has been allowed the leave. & thereupon.

shall be entitled to additional holiday such as 26th Jan. he shall be paid double the amount of the daily average wages. 38 . irrespective of his period of employment. 1st May. 15th Aug & 2nd Oct every year. Every employee. If the employee is made to work on all or any of these days. For holiday on these days he shall be paid wages at rate equivalent to the daily average of his wages provided.6.

Pay during leave.37 :.Payment when to be made.36 :. exclusive of any earnings in respect of over time. Every employee shall be paid for the period of his leave at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding 3 months. y Sec. before his leave begins. be paid half the total number due to him for the period of such leave.35. y 39 . An employee who has been allowed leave under sec.Sec.

to all or any classes of establishment or employees to whom this Act applies. Payment Of Wages Act. 40 . 2. 1.Application & amendment of the.38 :. may by notification in the Official Gazette. The State Govt. direct the subject to the provisions.y Sec. the Inspector appointed under the Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions. On the application of the provisions of the said Act to any establishment or employee.

3. 2.39 :. Rule 12 of the Maharashtra Shops & Establishments Rule of 1961 fixes times & methods for cleaning establishments. painting. ceilings & tops of such rooms & the passages & staircases shall be lime washed or colour washed atleast once in every 2 years. All the inside walls of the rooms. 41 . colour washing.Cleanliness.(39 TO 42)] y Sec. painting or varnishing has to be done shall be entered in a register maintained for this purpose. The dates on which lime washing. colour washing. The premises of every establishment shall be kept clean & free from effluvia arising from any drain or other nuisance & shall be cleaned at such times & by such methods as may be prescribed such as lime washing. windows & other wood works shall be either painted or varnished once in every 7 yrs. All the beams.HEALTH & SAFETY [SEC. etc. doors. It states1.

2.Ventilation. The premises of every establishment shall be sufficiently lighted during all working hours.42 :. y 42 . The premises of every establishment shall be ventilated in accordance with such standards & by such methods as may be prescribed.Lighting 1. he may serve on the employer an order in writing specifying the measures to be adopted & requiring them to be carried out before a specified date. y Sec.40 :.Precaution against fire. If it appears to an Inspector that the premises is not sufficiently lighted. y Sec.Sec.41 :. In every establishment such precaution against fire shall be taken as may be prescribed by the Govt.

3. 2 packets sterilized cotton-wool. 3 small sterilized dressings. A first-aid box shall contain1.42(A)] y where manufacturing process is carried on. I pair of dressing scissors. 2. 5. 43 . 1 bottle containing potassium permanganate crystals. 1 bottle containing solution of salvolatine. 10. Any antidote for burn. 9. 2 large size sterilized burn dressings.FIRSTFIRST-AID [SEC. 4. 2 medium size sterilized dressings. 6. 7. 1 bottle containing solution of iodine. 8. 2 large size sterilized dressings. there shall be provided & maintained a first-aid box containing such articles as may be prescribed.

is false in any material particular. or causes or allows to be made. be punished with fine which shall not be less than one thousand rupees and which may extend to five thousand rupees y 44 . shall. rule or order for which no specific punishment is provided in this Act.-If any employer or manager with intent to deceive makes. or wilfully omits or causes or allows to be omitted.PUNISHMENTS y Contravention of certain provisions and offences . each be punished for each offence with fine which shall not be less than one thousand rupees and which may extend to five thousand rupees False entries by employer and manager. the employer and the manager shall. to his knowledge. an entry which. on conviction.If in any establishment there is any contravention of any section. in any register. record or notice prescribed to be maintained under the provisions of this Act or the rules made thereunder. on conviction.

be punished with fine which shall not be less than one thousand rupees and which may extend to five thousand rupees. shall.who have been convicted of any offence are again guilty of an offence involving a contravention of the same provision. they shall each be punished on the second conviction with fine which shall not be less than one thousand rupees and which may extend to five thousand rupees. on conviction.If any employer and manager .-Whoever wilfully obstructs an or prevents any employee in an establishment from appearing before or being examined by an Inspector. they shall each be punished on the third or any subsequent conviction with fine which shall not be less than seven thousand and five hundred rupees and which may extend to ten thousand rupees y enalty for obstructing Inspector.y Enhanced penalty in certain cases after previous conviction. and if they are again so guilty. 45 .

contract. Right and privileges under other law etc.Nothing in this Act shall affect any right or privileges which an employee in any establishment is entitled to at the date this Act comes into force in a local area. custom or usage applicable to such establishment or any award. not affected. y 46 .Where an employee in any establishment to which this Act applies is required to work in excess of the limit of hours of work. under any other law. settlement or agreement binding on the employer and the employee in such establishment. if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.. he shall be entitles to wages at the rate of twice his ordinary rate of wages.BENEFITS TO WORKERS y Wages for overtime work .

THANK YOU 47 .