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1

RNI No. MAHENG/2009/35528

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+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 145

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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in  English  of  the Maharashtra  Shops  and  Establishments  (Regulation  of  Employment  and
Conditions of Service) Act, 2017 (Mah. Act  No. LXI of 2017), is hereby published under the authority
of  the  Governor.

By  order  and  in  the  name  of  the  Governor  of  Maharashtra,

N.  J.  JAMADAR,
  Principal  Secretary  and  R.L.A.
to  Government,
Law  and  Judiciary  Department.

MAHARASHTRA  ACT  No.  LXI  OF  2017.

(First published, after having received the assent of the Governor in the
“ Maharashtra Government Gazette ”, on the
7th September 2017.)

An  Act  to  provide  for  the  regulation  of  conditions  of  employment  and  other
conditions  of  service  of  workers  employed  in  shops,  residential  hotels,
restaurants,  eating  houses,  theatres,  other  places  of  public  amusement
or  entertainment  and  other  establishments  and  for  matters
connected  therewith  or  incidental  thereto.

WHEREAS  it  is  expedient  to  provide  for  the  regulation  of  employment
and  other  conditions  of  service  of  workers  employed  in    shops,  residential
hotels, restaurants, eating houses, theatres, other places of public amusement

¦ÉÉMÉ +É`-----145-----1

(1)

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or entertainment  and  other  establishments  and  for  matters  connected
therewith or incidental thereto; it is hereby enacted in the Sixty-eighth Year
of the Republic of India as follows :—

CHAPTER  I

PRELIMINARY

 Short title,
extent,
application
and com-
mencement.

1.

(1) This Act may be called the Maharashtra Shops and Establishments

(Regulation  of  Employment  and  Conditions  of  Service)  Act,  2017.
(2) It extends to the whole of the State of Maharashtra.
(3)  The  provisions  of  this  Act,  except  section  7,  shall  apply  to  the
establishments employing ten or more workers and the provisions of section
7 shall apply to the establishments employing less than ten workers.

(4)  It shall come into force on such date as the State Government may by

notification  in  the Official  Gazette  appoint.

Definitions.

2.

In  this  Act,  unless  the  context  otherwise  requires,—
(1) “Chief Facilitator” means the Chief Facilitator appointed as such

under section 28 of this Act;

(2)  “day”  means  the  period  of  twenty-four  hours  beginning  at

midnight;

(3)  “employer”  means  a  person  owning  or  having  ultimate  control

over the affairs of an establishment, and includes,—

(i) in the case of a firm or association of individuals, a partner

or members of the firm or association;

(ii)  in the case of a company, a director of the company;
(iii) in the case of an establishment owned or controlled by the
Central Government or a State Government or any local authority,
the  person  or  persons  appointed  to  manage  the  affairs  of  such
establishment by the Central Government or the State Government
or the local authority, as the case may be;
(4)  “establishment”  means  an  establishment  which  carries  on,  any
business,  trade,  manufacture  or  any  journalistic  or  printing  work,  or
business of banking, insurance, stocks and shares, brokerage or produce
exchange or profession or any work in connection with, or incidental or
ancillary  to,  any  business,  trade  or  profession  or  manufacture;  and
includes  establishment  of  any  medical  practitioner  (including  hospital,
dispensary, clinic, polyclinic, maternity home and such others), architect,
engineer,  accountant,  tax  consultant  or  any  other  technical  or
professional  consultant;  and  also  includes  a  society  registered  under
the  Societies  Registration  Act,  1860,  and  a  charitable  or  other  trust,
whether  registered  or  not,  which  carries  on,  whether  for  purposes  of
gain or not, any business, trade or profession or work in connection with
or  incidental  or  ancillary  thereto;  and  includes  shop,  residential  hotel,
restaurant,  eating house, theatre or other place of public amusement or
entertainment;  to  whom  the  provisions  of  the  Factories  Act,  1948  does
not  apply ;  and  includes  such  other  establishment  as  the  State
Government may, by notification in the Official Gazette, declare to be an
establishment  for  the  purposes  of  this  Act;

(5)  “Facilitator”  means  a  Facilitator  appointed  under  section  28  of

this  Act;

21 of
1860.

63 of
1948.

(6)  “Factory”  means  any  premises  which  is  a  factory  within  the
meaning of clause (m) of section 2 of the Factories Act, 1948 or which is
deemed to be a factory under section 85 of the said Act;

63 of
1948.

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3

III of
1888.

LIX of
1949.

Mah. XL
of 1965.

(7) “holiday” means a day on which a worker shall be given a weekly

off under  the provisions  of this  Act;

(8) “leave” means a leave provided for in Chapter IV of this Act;
(9)  “local  area”  means  any  area  or  combination  of  areas  to  which

this  Act  applies;

(10)  “local  authority”means  the  Municipal  Corporation  of  Brihan
Mumbai  constituted  or  deemed  to  have  been  constituted  under  the
Mumbai Municipal Corporation Act, Corporations constituted or deemed
to have been constituted under the Maharashtra Municipal Corporations
Act  and  the  Municipal  Councils  constituted  or  deemed  to  have  been
constituted  under  the  Maharashtra  Municipal  Councils, Nagar
Panchayats and Industrial Townships Act, 1965, and includes any other
body  which  the  State  Government  may,  by  notification  in  the Official
Gazette, declares to be a local authority for the purposes of this Act;

(11) “Manager”means a person mentioned in the application under

section 6 of this Act ;

(12) “member of the family of an employer” means the wife, husband,
son, daughter, father, mother, brother or sister of an employer who lives
with  and  is  dependent  on  such  employer;

(13)  “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
worker  of  or  connected  with  the  establishment;

(14)  “period  of  work”  means  the  time  during  which  a  worker  is  at

the  disposal  of  the  employer;

(15)  “prescribed”  means  prescribed  by  rules  made  under  this  Act;
(16)  “prescribed  authority”  means  the  Commissioner  of  Labour  for

the  purposes  of  this  Act;

(17) “register of establishment” means a register maintained for the
registration  of  establishments  under  this  Act,  either  manually  or  in
electronic  format;

(18) “registration certificate” means a certificate of the registration

of an establishment;

(19)  “residential  hotel”  means  any  premises  used  for  the  reception
of  guests  and  travellers  desirous  of  dwelling  or  sleeping  therein  and
includes  residential  club;

(20)  “restaurant  or  eating  house”  means  any  premises,  in  which,
wholly or principally the business of the supply of meal or refreshments
to the public or a class of the public for consumption on the premises is
carried  on;

(21)  “shop”  means  any  premises  where  goods  are  sold,  either  by
retail  or  wholesale  or  where  services  are  rendered  to  customers,  and
includes  an  office,  a  store-room,  godown,  warehouse  or  work  place,
whether  in  the  same  premises  or  otherwise,  mainly  used  in  connection
with such trade or business, but does not include a factory;

(22)  “spread  over”  means  the  period  between  the  commencement

and the termination of the work of a worker on any day;

(23) “theatre” includes any premises intended principally or wholly
for  the  exhibition  of  pictures  or  other  optical  effects  by  means  of  a
cinematograph or other suitable apparatus or for dramatic performances
or  for  any  other  public  amusement  or  entertainment;

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Act not to
apply to
certain
establish-
ments and
persons.

4 of
1936.

52 of
1961.

Mah.
XLI of
1965.

(24) “wages” means wages as defined in the Payment of Wages Act,

1936;

(25)  “week”  means  the  period  of  seven  days  beginning  at  midnight

of Saturday;

(26)  “worker”  means  any  person  (except  an  apprentice  under  the
Apprentices  Act,  1961)  employed  to  do  any  manual,  unskilled,  skilled
technical,  operational  or  clerical  work  for  hire  or  reward,  whether  the
terms  of  employment  be  express  or  implied.

3. The provisions of this Act shall not apply to,—

(1) Establishments of the Central and State Government;
(2)  Establishments  of  Local  Authorities;
(3) Establishment of Mumbai Port Trust;
(4)  Establishment  of  Railway  Administration;
(5) Offices of Reserve Bank of India;
(6) Offices of the Trade Commissioner and of Consular officers and

other  Diplomatic  representatives  of  Foreign  Government;

(7)  Offices  of  Air  Service  Companies;
(8)  Establishments  used  for  treatment  or  care  of  infirm,  destitute

or  mentally  unfit;

(9)  Establishments  pertaining  to  any  kind  of  educational  activities
(excepting  those  where  coaching  or  tuition  classes  are  conducted  by
individual  persons  or  any  institutions  other  than  those,—

(a) affiliated to any university established by law, or
(b) recognised by the Divisional Boards under the Maharashtra

Secondary  and Higher  Secondary  Education  Boards Act,  1965,  or

(c)  recognised  by  the  Directorate  of  Education  or  the
Directorate  of  Technical  Education  as  a  private  secondary  or
technical  high  school,  Industrial  Training  Institute  (I.T.I.),
Polytechnic,  Engineering  Colleges  or  other  technical  institutions
conducting  courses  recognised  by  Government) ;
(10) High Court Law Libraries and other Courts Law Libraries;
(11)  A  worker  occupying  position  of  confidential,  managerial  or
supervisory  character  in  an  establishment,  a  list  of  which  shall  be
displayed on the website of establishments and in absence of the website
at a conspicuous place in the establishment and a copy thereof shall be
sent  to  the  Facilitator;

(12)  A  worker  whose  work  is  inherently  intermittent;
(13)  A member of the family of an employer.

Application of
Act to other
establish-
ments and
workers.

4.

(1)  Notwithstanding  anything  contained  in  this  Act,  the  State
Government  may,  by  notification  in  the Official  Gazette,  declare  any
establishment  or  class  of  establishments  to  which,  or  any  worker  or  person
or  class  of  workers  or  persons  to  whom,  this  Act  or  any  of  the  provisions
thereof does not for the time being apply, to be an establishment or class of
establishments  or  a  worker  or  a  person  or  class  of  workers  or  persons  to
which or whom this Act or any provisions thereof with such modifications or
adaptations  as  may  in  the  opinion  of  the  State  Government  be  necessary
shall apply from such date as may be specified in the notification.

(2)    On  such  declaration  under  sub-section  (1),  any  such  establishment
or  class  of  establishments  or  such  worker  or  person  or  class  of  workers  or

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

5

persons shall be deemed to be an establishment or class of establishments to
which, or to be a worker or a person or class of workers or persons to whom,
this  Act,  applies  and  all  or  any  of  the  provisions  of  this  Act  with  such
modification or adaptation as may be specified in such declaration, shall apply
to such establishment or class of establishments or to such worker or persons
or  class  of  workers  or  persons.

5. The  State  Government  may,  by  notification  in  the Official  Gazette,
suspend  the  operation  of  all  or  any  of  the  provisions  of  this  Act  for  such
period and subject to such conditions as it deems fit on account of any holidays
or  occasions.

Suspension of
all or any of
provisions of
this Act.

CHAPTER  II

REGISTRATION OF ESTABLISHMENTS

6.

(1) Within a period of sixty days from the date of commencement of
this  Act  or  the  date  on  which  establishment  commences  its  business,  the
employer of every establishment employing ten or more workers shall submit
application  online  in  a  prescribed  form  for  registration  to  the  Facilitator  of
the  local  area  concerned,  together  with  such  fees  and  such  self-declaration
and  self-certified  documents  as  may  be  prescribed,  containing—
(a)  the name of the employer and the manager, if any;
(b)  the postal address of the establishment;
(c)  the name, if any, of the establishment;
(d) the actual nature of the business of the establishment ; and
(e)  such other particulars as may be prescribed :

Registration
of establish-
ments.

Provided  that,  nothing  contained  hereinabove  shall  apply  to  the
establishments  already  having  valid  registration  or  renewal  under  the
Maharashtra Shops and Establishments Act until expiry of their registration
or  renewal.

LXXIX
of 1948.

(2)  On  receipt  of  the  application  along  with  documents  and  the  fees
online,  the  Facilitator  shall,  register  the  establishment  in  the  register  of
establishments in such manner as may be prescribed and shall issue online,
in  a  prescribed  form,  a  registration  certificate  along  with  the  Labour
Identification Number (LIN) to the employer within the prescribed time limit.
The Facilitator shall verify the correctness of the application and documents
attached  thereto  within  such  time  as  may  be  prescribed.  The  registration
certificate  shall  be  produced  whenever  it  is  demanded  by  the  Facilitator.

(3) A registration certificate granted under sub-section (2) shall be valid
for  such  period  as  may  be  requested  by  the  applicant  and  specified  therein
subject to a maximum period of ten years. An application for the renewal of a
registration  certificate  shall  be  submitted  online  not  less  than  thirty  days
before  the  date  of  expiry  of  the  registration  certificate  or  of  the  renewed
registration certificate, as the case may be, and shall be accompanied by such
fees,  and  the  renewed  registration  certificate  shall  be  in  such  form,  as  may
be  prescribed.

(4)  If  the  application  for  the  renewal  of  a  registration  certificate  is
submitted after the expiry of the period specified in sub-section (3) but within
thirty  days  after  the  date  of  expiry  of  the  registration  certificate  or  of  the
renewed  registration  certificate,  as  the  case  may  be,  such  application  shall
be accompanied by an additional fee as late fee equal to half of the fee payable
for  the  renewal  of  a  registration  certificate.
¦ÉÉMÉ +É`-----145-----2

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Intimation of
establish-
ment employ-
ing less than
ten workers.

(5)  In the event of any doubt or difference of opinion between an employer
and the Facilitator with respect to any provisions of this Act, the Facilitator
shall  refer  the  matter  to  the  prescribed  authority  which  shall,  after  inquiry
as  it  thinks  proper,  decide  the  matter  and  its  decision  shall  be  final  for  the
purposes  of  this  Act.

7.

(1) Within a period of sixty days from the date of the commencement
of  this  Act  or  the  date  on  which  establishment  commences  its  business,  the
employer of every establishment employing less than ten workers shall give
an intimation of having commenced the business to the Facilitator in whose
jurisdiction the establishment is located by submitting online application, in
a  prescribed  form,  together  with  such  self-declaration  and  self-certified
documents,  as  may  be  prescribed  containing  details  such  as  name  of  the
employer  and  manager,  name  of  establishment,  nature  of  business,  number
of workers and such other details as may be prescribed. The Facilitator shall
issue  to  the  employer  of  such  establishment  a  receipt  of  intimation  in  such
form and manner as may be prescribed. The details of the intimation receipt
shall  be  recorded  online  in  a  register  maintained  in  such  form  as  may  be
prescribed  :

Provided that, if at any point of time the number of workers engaged in
the  establishment  become  ten  or  more,  then  all  provisions  of  this  Act  shall
apply  to  such  establishment  and  the  employer  of  such  establishment  shall
have to  obtain registration  as per the  provisions of  section 6 :

Provided further that, nothing contained in this sub-section shall apply
to  the  establishments  already  having  valid  registration  or  renewal  under
the  Maharashtra  Shops  and  Establishments  Act  until  expiry  of  their
registration  or  renewal.

LXXIX
of 1948.

(2) The employer of such establishment employing less than ten workers
shall notify to the Facilitator within thirty days from the date of the closing
of  the  business  that  the  establishment  has  been  closed  for  business  in  such
form  and  manner  as  may  be  prescribed.  The  Facilitator  on  receiving  the
information  shall  remove  the  entry  of  such  establishment  from  the  register
kept  for  that  purpose.

(3) Whoever,  contravenes  the provisions  of  this  section or  rules  framed

thereunder shall be punishable with a fine of rupees one thousand.

8. At any time, if it is found or brought to the notice of the Facilitator
that  the  registration  of  any  establishment  has  been  obtained  by
misrepresentation or suppression of material facts or by submitting false or
forged documents or false declaration or by fraud, and therefore, requires to
be revoked, the Facilitator shall, after giving an opportunity of being heard,
to the employer of the establishment, cancel the registration and remove such
establishment from the register of establishments in the manner prescribed.

9.

It  shall  be  the  duty  of  every  employer  to  notify  online  to  the
Facilitator,  in  the  prescribed  form,  any  change  in  any  of  the  particulars
contained  in  the  application  submitted  under  section  6  within  such  period,
after  the  change  has  taken  place,  as  the  State  Government  may  prescribe.
The  Facilitator  shall,  on  receiving  such  notice  and  the  prescribed  fees
alongwith  the  self-declaration  of  the  applicant  and  self-certified  documents
as  may  be  prescribed,  make  the  change  in  the  register  of  establishments  in
accordance  with  such  notice  and  shall  issue  a  fresh  registration  certificate
online.

Cancellation
of registra-
tion.

Change to be
communi-
cated to
Facilitator.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

7

10. The employer shall notify to the Facilitator within thirty days from
the date of closing of the business that the establishment has been closed for
business in such form and manner, as may be prescribed. The Facilitator on
receiving  the  information  and  on  being  satisfied  about  its  correctness  shall
remove  such  establishment  from  the  register  of  establishments  and  cancel
the  registration  certificate:

Closing of
establish-
ment to be
communi-
cated to
Facilitator.

Provided that, if the Facilitator does not receive the information but he
is otherwise satisfied that any establishment has been closed, he may remove
such  establishment  from  such  register  of  establishments  and  cancel  such
certificate.

CHAPTER  III

OPENING AND CLOSING HOURS, HOURS OF WORK, INTERVAL FOR REST,
SPREAD-OVER, WAGES FOR OVERTIME AND WEEKLY OFF

11. Notwithstanding  anything  contained  in  this  Act,  the  State
Government  may,  fix,  by  notification  in  the Official  Gazette,  in  the  public
interest,  such  hours  for  opening  and  closing  of  different  classes  of
establishments  and  for  different  premises,  shopping  complex  or  mall  or  for
different  area  or  areas  and  for  different  period.

Opening and
closing hours
of establish-
ment.

12. Subject to the other provisions of this Act, no adult worker shall be
required  or  allowed  to  work  in  any  establishment  for  more  than  nine  hours
in any day and forty-eight hours in any week. No adult worker shall be asked
to  work  continuously  for  more  than  five  hours  unless  he  has  been  given  a
break of not less than half an hour:

Provided  that,  the  working  hours  or  weekly  holiday  may  be  relaxed  in
case of work of urgent nature with the previous permission of the Facilitator.

Daily and
weekly hours
of work in
establish-
ment and
interval for
rest.

Prohibition of
discrimination
against woman
worker.

13.

(1)  No  woman  worker  shall  be  discriminated  in  the  matter  of

recruitment,  training,  transfers  or  promotion  or  wages.

(2)  No  woman  worker  shall  be  required  or  allowed  to  work  in  any

establishment except between the hours of 7 a.m. and 9-30 p.m. :

Provided that, the woman worker with her consent, shall be allowed to
work during 9-30 p.m. and 7-00 a.m. in any establishment in which adequate
protection  of  their  dignity,  honour  and  safety,  protection  from  sexual
harassment and their transportation from the establishment to the doorstep
of their residence as  may be prescribed are provided by  the employer or his
authorised  representative  or  manager  or  supervisor.

(3)  Notwithstanding  anything  contained  in  the  preceding  sub-sections,
the State Government may, by notification in the Official Gazette, in the public
interest,  prohibit  or  regulate  the  employment  of  women  workers  after  9-30
p.m. and before 7-00 a.m. in such shops, establishments, hotels, restaurants,
residential  hotels,  permit  rooms,  bars,  spa-massage  parlours,  lodges  or  any
business or any trade or occupation in such area or areas as it may deem fit.

14. The spread-over of a worker in establishment shall not exceed ten
and half hours in any day, and in case a worker entrusted with intermittent
nature of work or urgent work, the spread over shall not exceed twelve hours.

Spread-over in
establish-
ments.

15. Where  a  worker  in  any  establishment  is  required  to  work  beyond
nine hours a day or forty-eight hours a week, he shall be entitled, in respect
of the overtime work, wages at the rate  of twice his ordinary rate of wages.
The total number of overtime hours shall not exceed one hundred and twenty-
five hours in a period of three months.

Wages for
overtime.

¦ÉÉMÉ +É`-----145-----3

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Weekly
holiday for
worker.

16.

(1) (a) A  department  or  any  section  of  a  department  of  the
establishment  may  work  in  more  than  one  shift  at  the  discretion  of  the
employer and if more than one shift is worked, the worker may be required
to work in any shift at the discretion of the employer.

(b) An establishment may be kept open for business on all days in a week
subject to the condition that every worker shall be allowed weekly holiday of
at  least  twenty-four  consecutive  hours  of  rest.

(c) If a worker is denied weekly holiday, the compensatory leave in lieu

thereof shall be  given within two months of  such weekly holiday.

(d) The period and hours of work in a week for all classes of workers in
such  shift  shall  be  informed  well  in  advance  to  all  workers  in  writing  and
shall  be  sent  to  the  Facilitator  electronically  or  otherwise.

(e)  Where a worker is required to work on a day of his rest, he shall be

entitled to wages at the rate of twice his ordinary rate of wages.

(2)  No  deduction  shall  be  made  from  the  wages  of  any  worker  in  an
establishment  on account  of any  day  on which  it  has been  a weekly  holiday
under  this  section.  If  a  worker  is  employed  on  a  daily  wage,  he  shall
nonetheless be paid his daily wage for the day of his weekly off. If a worker is
paid a piece rated wage, he shall nonetheless be paid his wage for the day of
his weekly holiday, at a rate equivalent to the daily average of his wages for
the days on which he has actually worked during the six days preceding such
holiday,  exclusive  of  any  earning  in  respect  of  overtime:

Provided that, nothing in this sub-section shall apply to any worker whose

total  period of  continuous employment  is less  than six  days.

Employer to
furnish
identity card
to worker.

17. The employer of an establishment shall furnish to every worker an
identity card which shall be produced by the worker on demand by Facilitator.
Such  card  shall  contain  the  following  and  such  other  particulars  as  may  be
prescribed,  namely  :—

(a) the name of the employer ;
(b) the name, if any, and the postal address, of the establishment;
(c) the name and age of the worker;
(d)  date of  joining, department,  nature  of work,  designation;
(e) the signature (with date) of the employer or manager;
(f)  Blood  Group;
(g) Aadhaar Card Number.

CHAPTER  IV

LEAVE WITH PAY AND PAYMENT OF WAGES

Leave.

(1)  Every  worker  shall  be  allowed  a  weekly  holiday  with  wages.

18.
(2) Every worker shall be entitled to eight days casual leave with wages
in  every  calendar  year  which  shall  be  credited  into  the  account  of  the
worker on a quarterly basis, but shall laps if unavailed at the end of the year.
(3) Every worker who has worked for a period of two hundred and forty
days  or  more  in  an  establishment  during  a  calendar  year  shall  be  allowed
during the subsequent calendar year, leave with wages for a number of days
calculated at the rate of one day for every twenty days of work performed by
him  during  the  previous  calendar  year.

(4)  Subject  to  the  provision  of  clause  (3)  every  worker,  who  has  been
employed  for  not  less  than  three  months  in  any  year,  shall  for  every  sixty
days  on which  he has  worked during  the  year be  allowed leave,  consecutive
or otherwise, for a period of not more than five days.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

9

(5)  Every worker  shall  be permitted  to accumulate  earned  leave upto  a

maximum of forty-five days.

(6) Where  the employer refuses to  sanction the leave  under sub-section
(3) which is due when applied fifteen days in advance, then the worker shall
have a right to encash leave in excess of forty-five days:

Provided  that,  if  a  worker  is  entitled  to  leave  other  than  causal  and
festival leave under this section, is discharged by his employer before he has
been allowed the leave, or if, having applied for and having been refused the
leave, he quits  his employment on account of  retirement, resignation, death
or permanent disability, the employer shall pay him full wages for the period
of leave due to him.

(7) A worker shall be entitled to eight paid festival holidays in a calendar
year, namely, 26th January, 1st May, 15th August and 2nd October and four
such  other  festival  holidays  as  may  be  agreed  to  between  the  employer  and
the  workers as  per  the nature  of  business, before  the  commencement of  the
year. For holiday on these days, he shall be paid wages at a rate equivalent to
the  daily  average  of  his  wages  (excluding  overtime),  which  he  earns  during
the month in which such compulsory holidays falls:

Provided  that,  the  employer  may  require  any  worker  to  work  in  the
establishment  on  all  or  any  of  these  days,  subject  to  the  conditions  that  for
such  work  the  worker  shall  be  paid  double  the  amount  of  the  daily  average
wages and also leave on any other day in lieu of the compulsory holiday.

(8) For the purpose of sub-section (3),—

(a)  any  days  of  lay-off,  by  agreement  or  contract  or  as  permissible
under  the  model  standing  orders  or  standing  order  certified  under
Industrial  Employment  (Standing  Orders)  Act,  1946;

(b) in the case of a woman worker, maternity leave as provided for

in the Maternity Benefits Act, 1961;

(c)  the  leave  earned  in  the  year  prior  to  that  in  which  the  leave  is

26 of
1946.

53 of
1961.

availed;  or

(d) the worker has been absent due to temporary disablement caused

by accident arising out of and in the course of his employment,

shall  be  deemed  to  be  days  on  which  the  worker  has  worked  in  any
establishment  for  the  purpose  of  computation  of  the  period  of  two  hundred
and forty days or more, but shall not earn leave for these days.

(9)  The  leave  admissible  under  this  section  shall  be  exclusive  of  all
holidays whether occurring during or either at the end of the period of leave.
(10) Every worker shall be paid for the period of his leave earned under
sub-sections (3) and (4) at a rate equivalent to the daily average of his wages
for the days on which he actually worked during the preceding three months,
exclusive  of  any  earnings  in  respect  of  overtime.

CHAPTER  V

WELFARE PROVISIONS

19.

(1) Every employer shall take such measures relating to the health
and  safety  of  the  workers  including  cleanliness,  lighting,  ventilation  and
prevention  of  fire  as  may  be  prescribed.

Health and
safety of
workers.

(2) Every employer shall be responsible for providing constant adequate
supervision of the workers employed in the establishment and to ensure the
compliance  with  the  rules  relating  to  health  and  safety  made  under  sub-
section  (1)  and  for  taking  steps  necessary  to  prevent  accidents.
¦ÉÉMÉ +É`-----145-----3+

10

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First-aid.

20. Every employer shall provide at the place of work first-aid facilities

as may be prescribed.

Drinking
water.

21. The  employer  shall  make  effective  arrangements  to  provide  and
maintain  at  suitable  points  conveniently  situated  for  all  persons  employed
in  the  establishment,  a  sufficient  supply  of  wholesome  drinking  water.

Latrines and
urinals.

22. The  employer  shall  provide  sufficient  latrine  and  urinal  for  men
and women as may be prescribed and these shall be so conveniently situated
as may be accessible for the workers employed in the establishment :

Provided  that,  several  employers  may  provide  common  facilities  of
latrines  and  urinals,  in  case  it  is  not  possible,  in  an  establishment  due  to
constraint  in  space  or  otherwise.

Creche
facility.

23.

In every establishment wherein fifty or more workers are employed,
there  shall  be  provided  and  maintained  a  suitable  room  or  rooms  as  crèche
for the use of children of such workers :

Provided  that,  if  a  group  of  establishments,  so  decide  to  provide  a
common  crèche  within  a  radius  of  one  kilometre,  then,  the  same  shall  be
permitted  by  the  Chief  Facilitator,  subject  to  such  conditions  as  may  be
specified  in  the  order.

Canteen.

24. The  State  Government  shall  require  the  employer  to  provide  and
maintain  in  the  establishment,  wherein  not  less  than  one  hundred  workers
are employed or ordinarily employed to maintain a canteen for the use of its
workers  :

Maintenance
of registers
and records.

Provided  that,  if  a  group  of  establishments,  so  decide  to  provide  a
common  canteen,  then  the  same  shall  be  permitted  by  the  Chief  Facilitator
by an order, subject to such conditions as may be specified in the order.

25.

(1)  Every  employer  shall  maintain  such  registers  and  records,  as

may  be  prescribed.

(2)  The records may be maintained electronically or manually :
Provided that, at the time of inspection by a Facilitator, a hard copy of
such records if demanded, shall be submitted duly signed by the employer or
his  representative.

(3)  Every  employer  and  in  his  absence  the  manager  shall  on  demand
produce  for  inspection  of  Chief  Facilitator  and  Facilitators  all  registers,
records and notices required to be kept under and for the purposes of this Act.
(4)  All  such  registers  and  records  shall  be  kept  in  the  premises  of  the

establishments  to  which  they  relate.

Annual
Return.

26. The employer of an establishment shall furnish an annual return,
in  such  a  form  and  in  such  manner  (including  electronic  form),  to  such
authority as  may be  prescribed.

CHAPTER  VI

ENFORCEMENT AND INSPECTION

Provisions for
handing over
enforcement
of Act to local
authorities.

27. Notwithstanding  anything  contained  in  this  Act,  the  State
Government  may,  from  time  to  time,  by  notification  in  the Official  Gazette,
without  the  necessity  of  giving  any  further  notice  or  reasons,  declare  that
any  local  authority  or  authorities  or  class  of  local  authorities  specified  in
such  notification  shall  perform  the  duty  of  enforcing  the  provisions  of  this
Act from a date specified in that notification. From such date, it shall be the
duty of that local authority to enforce the provisions of the Act, in respect of
the areas subject to the jurisdiction of such local authorities, subject to such
supervision  of  the  State  Government,  as  may  be  prescribed.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

11

Appointment
of Chief
Facilitator
and Facilita-
tors and their
powers.

28.

(1)  The  State  Government  may,  by  notification  in  the Official
Gazette,  appoint  a  Chief  Facilitator  who  shall,  in  addition  to  the  powers
conferred  on  a  Chief  Facilitator  under  this  Act,  exercise  the  powers  of  a
Facilitator  throughout  the  State.

(2)  The  State  Government  may,  by  notification  in  the Official  Gazette,
appoint  such  persons  who  possess  such  qualification  as  may  be  prescribed,
to  be  the  Facilitator  or  Facilitators,  for  the  purposes  of  this  Act,  and  may
assign to them such local limits as it may think fit.

(3)  The  State  Government  may  prescribe  a  scheme  for  randomize
inspection  of  establishments  which  shall  provide  for  generation  of  a  web-
based  inspection  schedule.

(4)  Subject  to  such  conditions  as  may  be  prescribed,  a  Facilitator  may,

within  the  local  limits for  which  he  is  appointed—

(i)  advice  the  employers  and  workers  and  provide  them  such
information  as  may  be  considered  necessary  for  complying  with  the
provisions  of  this  Act  effectively;

(ii)  inspect  the  establishment  in  accordance  with  the  scheme  for

inspection  referred  to  in  sub-section  (3),  and  may—

(a)  enter,  at  all  reasonable  time  and  with  such  assistants,  if
any, being persons in the service of the Government or of any local
authority as he thinks fit, any place which is or which he has reason
to believe  is an  establishment;

(b) make such examination of the premises and of any prescribed
registers,  records  and  notices,  and  take  on  the  spot  or  otherwise
evidence of any persons as he may deem necessary for carrying out
the  purposes  of  this  Act;

(c)  examine  any  person  who  is  found  in  any  premises  of  the
establishment  and  whom,  the  Facilitator  has  reasonable  cause  to
believe,  is  a worker  of  the  establishment;

(d)  require any person to give any information, which is in his
power to give with respect to the names and addresses of the persons;
(e)  search, seize or take copies of such register, record of wages
or  notices  or  portions  thereof  as  the  Facilitator  may  consider
relevant  in  respect  of  an  offence  under  this  Act  and  which  the
Facilitator  has  reason  to  believe  has  been  committed  by  the
employer;

(f)  bring to the notice of the State Government defects or abuses

not covered by the law for the time being in force; and

(g)   exercise such other powers, as may be prescribed :
Provided that, no person shall be compelled under this section
to answer any question or give any evidence tending to incriminate
himself.

(5) The Chief Facilitator shall apart from exercising all the powers and
functions  of  the  Facilitator  control  and  supervise  the  functioning  of  the
Facilitator  and  may  assign  or  reassign  the  area  of  work  of  the  Facilitator
subject to the jurisdiction of the local area.

(6)  Any  person  required  to  produce  any  document  or  to  give  any
information  required  by  Chief  Facilitator  and  Facilitator  appointed  under
sub-sections  (1)  and  (2)  shall  be  deemed  to  be  legally  bound  to  do  so  within
the meaning of sections 175 and 176 of the Indian Penal Code.

45 of
1860.

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(7) The provisions of the Code of Criminal Procedure, 1973 shall, so far
as may be, apply to the search or seizure under sub-clause (e) of clause (ii) of
sub-section (4) as they apply to the search or seizure made under the authority
of a warrant issued under section 94 of the said Code.

2 of
1974.

(8) Every Chief Facilitator and Facilitators appointed under sub-sections
(1) and (2) shall be deemed to be a public servant within the meaning of section
21 of the Indian Penal Code.

45 of
1860.

CHAPTER  VII

OFFENCES AND PENALTIES

Penalty for
contravention
of provisions
of this Act.

29.

(1)    Whoever,  contravenes  the  provisions  of  this  Act  or  the  rules
made  thereunder  shall  be  punishable  with  fine  which  may  extend  to  one
lakh rupees and in the case of a continuing contravention, with an additional
fine  which  may  extend  to  two  thousand  rupees  for  every  day  during  which
such  contravention  continues  :

Provided  that,  the  total  amount  of  fine  shall  not  exceed  two  thousand

rupees  per  workers  employed.

(2) If any person who has been convicted of any offence punishable under
sub-section (1) is again guilty of an offence involving a contravention or failure
of  compliance  of  the  same  provision,  he  shall  be  punished  on  a  subsequent
conviction  with  fine  which  may extend  to  two  lakh  rupees :

Provided  that,  the  total  amount  of  fine  shall  not  exceed  two  thousand

rupees  per  workers  employed.

Penalty for
contravention
of provisions
of this Act
which
resulted in
accident.

30. Save as otherwise expressly provided in this Act, where an employer
on  being  held  guilty  of  contravention  of  any  of  the  provisions  of  this  Act  or
any rules made thereunder which has resulted in an accident causing serious
bodily injury or death of a worker, he shall, on conviction, be punished with
imprisonment which may extend to six months, or with fine which shall not
be less than two lakh rupees and which may be extended to five lakh rupees,
or with both.

Penalty for
obstructions
or refusal to
provide
register, etc.

31.

(1)  Whoever,  wilfully  obstructs  the  Facilitator  in  exercise  of  any
powers conferred on him by or under this Act or refuses or wilfully neglects
to  afford  a  Facilitator  any  reasonable  facility  for  making  any  inspection,
examination,  inquiry  or  investigation  authorized  by  or  under  this  Act  in
relation  to  an  establishments,  shall,  on  conviction,  be  punished  with  fine
which may extend to two lakh rupees.

(2)  Whoever, wilfully  refuses to  produce on  the demand  of a  Facilitator
any  register  or  other  document  kept  in  pursuance  of  this  Act  or  the  rules
made thereunder or prevents or attempts to prevent or does anything which
he  has  reason  to  believe  to  prevent  any  person  from  appearing  before,  or
being examined by, a Facilitator acting in pursuance of his duties under this
Act, shall, on conviction, be punished with fine which may extend to two lakh
rupees  :

Provided that, total amount of fine shall not exceed two thousand rupees

per  worker  employed.

Cognizance of
offences.

32.

(1) No Court shall take cognizance of any offence punishable under
this Act and the rules made thereunder unless a complaint in respect thereof
is made by the Facilitator within three months of the date on which the alleged
commission  of  the offence  came  to  the  knowledge  of the  Facilitator  :

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

13

Compounding
of offences.

Provided  that,  where  the  offence  consists  of  disobeying  a  written  order
made by a Facilitator,  complaint thereof may be made within  six months of
the date on which the offence  is alleged to have been committed.

(2)  No Court inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the First Class shall try any offence punishable under this Act
or  the  rules  made  thereunder.

33.

(1)  Any  offence  punishable  under  this  Act,  not  being  an  offence
punishable  with  imprisonment  only,  or  with  imprisonment  and  also  with
fine, may, on an application of the accused person, either before or after the
institution  of  any  prosecution,  be  compounded  by  a Gazetted  Officer,  as  the
State  Government  may,  by  notification,  specify,  with  fine  provided  for  such
offence, in the manner as may be prescribed.

(2)  Nothing  contained  in  sub-section  (1)  shall  apply  to  an  offence
committed  by  a  person  for  the  second  time  or  thereafter  within  a  period  of
five years from  the date—

(a) of commission of a similar offence which was earlier compounded;

(b) of commission of similar offence for which such person was earlier

convicted.

(3) Every  officer referred  to in  sub-section (1)  shall exercise  the  powers
to  compound  an  offence,  subject  to  the  direction,  control  and  supervision  of
the  State  Government.

(4) Every application for the compounding of an offence shall be made in

such form and manner as may be prescribed.

(5)  Where  any  offence  is  compounded  before  the  institution  of  any
prosecution,  no  prosecution  shall  be  instituted  in  relation  to  such  offence,
against  the  offender  in  relation  to  whom  the  offence  is  so  compounded.

(6) Where the composition of any offence is made after the institution of
any prosecution, such composition shall be brought by the officer referred to
in sub-section (1) in writing, to the notice of the Court in which the prosecution
is  pending  and  on  such  notice  of the  composition  of  the  offence  being  given,
the  person  against  whom  the  offence  is  so  compounded  shall  be  discharged.

(7)  Any  person  who  fails  to  comply  with  an  order  made  by  the  officer
referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty
per  cent.  of  the  maximum  fine  provided  for  the  offence,  in  addition  to  such
fine.

(8)  No  offence  punishable  under  the  provisions  of  this  Act  shall  be
compounded  except  under  and  in  accordance  with  the  provisions  of  this
section.

CHAPTER  VIII

MISCELLANEOUS

34. The State Government may, by notification in the Official Gazette,
exempt from the operation of all or any of the provisions of this Act or rules,
any  establishment  or  class  thereof  or  any  employer  or  worker  or  person  or
class  of  employers  or  workers  or  persons  to  whom  this  Act  applies  for  any
period on such terms and conditions, as it may thinks fit.

Power to
exempt.

14

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Rights and
privileges
under other
laws etc., not
affected.

Protection of
action taken
in good faith.

Power to
make rules.

35. Nothing  in  this  Act  shall  affect  any  right  or  privileges  which  a
worker  in  any  establishment  is  entitled  to  at  the  date  of  commencement  of
this  Act  under  any  other  law,  contract,  custom  or  usage  applicable  to  such
establishment or any award, settlement or agreement binding on the employer
and  the  worker  in  such  establishment,  if  such  rights  or  privileges  are  more
favourable to him than those to which he would be entitled under this Act.

36. No suit, prosecution or legal proceedings shall lie against any person
for  anything  which  is  in  good  faith  done  or  intended  to  be  done  under  this
Act.

37.

(1)  The  State  Government  may,  by  notification  in  the Official

Gazette, make rules to carry out the purposes of this Act.

(2)  All  rules  made  under  this  Act  shall  be  subject  to  the  condition  of

previous  publication.

(3) Every rule made under this Act shall be laid, as soon as may be, after
it is made, before each House of the State Legislature, while it is in session
for a total period of thirty days, which may be comprised in one session or in
two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  in
which  it  is  so  laid  or  the  session  or  sessions  immediately  following,  both
Houses  agree  in  making  any  modification  in  any  rule  or  both  Houses  agree
that  the  rule  should  not  be  made,  and  notify  their  decision  to  that  effect  in
the Official Gazette, the rule shall, from the date of publication of such decision
in  the Official  Gazette,  have  effect  only  in  such  modified  form  or  be  of  no
effect, as the case may be, so however that, any such modification or annulment
shall  be  without  prejudice  to  the  validity  of  anything  previously  done  or
omitted to  be done  under that  rule.

Power to
remove
difficulties.

38.

(1)  If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this
Act, the State Government may, as occasion arises, by an order published in
the Official Gazette, do anything not inconsistent with the provisions of this
Act,  which  appears  to  it  to  be  necessary  or  expedient  for  the  purposes  of
removing  the  difficulty  :

Provided that, no such order shall be made after the expiry of the period

of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may

be, after it is made, before each House of the State Legislature.

Repeal of
Maharashtra
Shops and
Establish-
ments Act.

39. On and from the date of commencement of this Act, the Maharashtra

Shops and Establishments Act, shall stand repealed :

LXXIX
of 1948.

Provided  that,—

(a) every appointment order, rule, bye-law, regulation, notification,
registration or notice made, issued or given under the provisions of the
Act so repealed shall, in so far as it is not inconsistent with the provisions
of  this  Act,  be  deemed  to  have  been  made,  issued  or  given  under  the
provisions of this Act, unless and until superseded by any appointment,
order,  rule,  bye-law,  regulation,  notification  or  notice  made,  issued  or
given under this Act ;

(b)  any  proceeding  relating  to  the  trial  of  any  offence  punishable
under  the  provisions  of  the  Act  so  repealed  shall  be  continued  and
completed as if the said Act had not been repealed but had continued in
operation  and  any  penalty  imposed  on  such  proceedings  shall  be
recovered  under  the  Act  so  repealed.

ON BEHALF OF GOVERNMENT PRINTING,  STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY  SHRI  PARSHURAM JAGANNATH GOSAVI, PRINTED AT

GOVERNMENT  CENTRAL  PRESS,  21-A,  NETAJI  SUBHASH  ROAD,  CHARNI  ROAD,  MUMBAI  400  004  AND  PUBLISHED  AT DIRECTORATE  OF GOVERNMENT  PRINTING,

STATIONERY  AND  PUBLICATION,  21-A,  NETAJI  SUBHASH ROAD,  CHARNI  ROAD,  MUMBAI  400  004,  EDITOR  :  SHRI  PARSHURAM  JAGANNATH  GOSAVI.

