Bombay Shops and Establishments Act, 1948

1. Short title, extent and operation. 2. Definitions. 3. Reference to time of day. 4. Exemptions. 5. Application of Act to other establishments and persons. 6. Suspension of all or any of the provisions of this Act. 7. Registration of establishments. 8. Change to be communicated to Inspector. 9. Closing of establishment to be communicated to Inspectors. 10. Opening hours of shops. 11. Closing hours of shops. 12. Hawking prohibited before opening and after closing hours of shops. 13. Opening and closing hours of commercial establishments. 14. Daily and weekly hours of work in shops and commercial establishments. 15. Interval for rest. 16. Spreadover in shops. 17. Spreadover in commercial establishments. 18. Holidays in a week in shops and commercial establishments. 19. Opening and closing hours of restaurants and eating houses. 20. Restaurants and eating houses not to sell goods of the kind sold in shops before the opening and after the closing hours of shops. 21. Daily hours of work in residential hotels, restaurants and eating houses. 22. Interval for rest. 23. Spreadover. 24. Holidays in a week. 25. Employer to furnish identity card to employee. 26. Closing hour of theatres or other places of public amusement or entertainment. 27. Theatres or other places, of public amusement or entertainment not to sell goods of the kind sold in shops after the closing hours of shops. 28. Daily hours of work in theatres or other places of public amusement or entertainment. 29. Interval for rest. 30. Spreadover. 31. Holidays in a week. 32. No child to work in any establishment. 33. Young persons and women to work between 6 a.m. and 7 p. m. 34. Daily hours of work for young persons. 34A. Prohibition of employment of young persons and women in dangerous work. 35. Leave. 36. Pay during leave. 37. Payment when to be made. 38. Application and amendment of the Payment of Wages Act. 38A. Application of Act VIII of 1923 to employees of establishment. 39. Cleanliness. 40. Ventilation. 41. Lighting. 42. Precautions against fire. 42A. First Aid. 43. Powers and duties of local authorities. 43A. Power of State Government to enforce provisions of Act within areas of local authorities. 44. Power to make byelaws. 45. Delegation. 46. Power of State Government to provide for performance of duties on default by local authority. 47. Expenses of local authority to be paid out of its fund. 48. Appointment of Inspectors. 49. Powers and duties of Inspectors. 50. Inspectors to be public servants. 51. Employer and manager to produce registers, records, etc., for inspection. 52. Contravention of certain provisions and offences. 53. Contravention of Section 12. 54. Employee contravening sections 18 (2), 24, 31 and 65. 55. False entries by employer and manager. 56. Enhanced penalty in certain cases after previous conviction. 57. Penalty for obstructing Inspector. 58. Determination of employer for the purposes of this Act. 59. Exemption of employer or manager from liability in certain cases. 59A. Protection in respect of employment of certain children. 60. Cognizance of offences. 61. Limitation of prosecutions. 62. Maintenance of registers and records and display of notices. 62A. Employer to furnish identity card to employees. 62B. Exhibition of signboard. 63. Wages for overtime work. 64. Evidence as to age. 65. Restriction on double employment on a holiday or during leave. 66. Notice of termination of service. 67. Rules. 68. Protection to persons acting under this Act. 69. Rights and privileges under other law, etc., not affected. 70. Persons employed in factory to be governed by Factories Act and not by this Act. 71. Submission of annual report, etc. 72. Repeal of Bombay Shops and Establishments Act, 1939.

Bombay Act No. 79 of 1948

guj189

[Dated 11th January, 1949]

LEGISLATIVE HISTORY 6

· Amended by Bombay 17 of 1949

· Amended by Bombay 53 of 1949

· Amended by Bombay 59 of 1949

· Amended by Bombay 8 of 1950

· Adapted and modified by the Adaptation of Laws Order, 1950

· Amended by Bombay 9 of 1951 28 of 1952

· Amended by Bombay 58 of 1954

· Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956

· Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960

· Amended by Gujarat 11 of 1962, dated 01-03-1962

· Amended by Gujarat 26 of 1977

· Amended by Gujarat 35 of 1980

· Amended by Gujarat 27 of 1981, dated 06-08-1981

· Amended by Gujarat 6 of 2008, dated 29-03-2008

For Statement of Objects and Reasons, see Bombay Government Gazette. 1948, Part V, page 499.

An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments.

Whereas it is expedient to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments certain other purposes, hereinafter specified; It is hereby enacted as follows:

CHAPTER 1

Preliminary

Short title, extent and operation.- (1) This Act may be called the Bombay Shops and Establishments Act, 1948.

[(2) It extends to the whole of the State of Gujarat.]

(3) It shall in the first instance come into force in the local areas specified in Schedule I;

[Provided that, in the areas in which all or any of the provisions of the Saurashtra Shops and Establishments Act 1955, (Saurashtra Act. No. X of 1955), were in force immediately before the commencement of the Bombay Shops and Establishments (Gujarat Extension and Amendment) Act, 1961 (Gujarat XI of 1962) all the provisions of this Act shall come into force in such commencement.]

(4) The [State] Government shall by notification published in the Official Gazette direct that all or any of the provisions of this Act shall come into force in such other areas having a population of twenty-five thousand and more as may be specified in the notification.

(5) The [State] Government may also by a like notification direct that all or any of the provisions of this Act shall come into force in such local areas having population less than twenty-five thousand as may be specified in the notification.

Definitions.- in this Act, unless there is anything repugnant in the subject or context,

(1) "Apprentice" means a person who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft or employment in any establishment;

[(2) "Child" means a person who has not completed his fourteenth year];

[(3) "Closed" means not open for the service of any customer, or for any business, of the establishment, or for work, by or with the help of any employee, of or connected with the establishment];

(4) "Commercial establishment" means an establishment which carries on, any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes a society registered under the Societies Registration Act, 1860 (XXI of 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 but does not include a factory, shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;

(5) "Day" means the period of twenty-four hours beginning at midnight:

Provided that in the case of an employee whose hours of work extend beyond midnight, day means the period of twenty-four hours beginning when such employment commences irrespective of midnight;

[(6) "Employee" means a person wholly or principally employed, whether directly or through any agency, and whether for wages or other consideration, in or in connection with any establishment; and includes an apprentice, but does not include a member of the employer's family];

(7) "Employer" means a person owning or having ultimate control over the affairs of an establishment;

(8) "Establishment" means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place of public amusement or entertainment to which this Act applies 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;

(9) "Factory" means any premises which is a factory within the meaning of [clause (m) of Section 2 of the Factories Act, 1948. (LXIII of 1948) or which is deemed to be a factory Section 85 of the said Act];

(10) "Goods" includes all materials, commodities and articles;

(11) "Holiday" means a day on which an establishment shall remain closed or on which an employee shall be given a holiday under the provisions of this Act;

(12) "Inspector" means an Inspector appointed under Section 48;

(13) "Leave" means leave provided for in Chapter VII of this Act;

(14) "Local area" means any area or combination of areas to which this Act applies;

[(15) "Local authority" means -

(i) a municipal corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bombay L1X of 1949);

[(ii) a municipality constituted under the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964) and

(iii) a district Pancahyat constituted under the Gujarat Panchayats Act, 1961 (Gujarat 6 of 1962);]

and includes any other body which the State Government may by notification in the Official Gazette, declare to be a local authority for the purposes of this Act];

(16) "Manager" means a person declared to be a manager under Section 7;

(17) "Member of the family of an employer" means the husband, wife, son, daughter, father, mother, brother or sister of an employer who lives with and is dependent on such employer

[(18) "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 employee of or connected with the establishment;]

(19) "Period of work" means the time during which an employee is at the disposal of the employer;

(20) "Prescribed" means prescribed by rules made under this Act;

(21) "Prescribed authority" means the authority prescribed under the rules made under Act;

(22) "Register of establishments" means a register maintained for the registration of establishment under this Act;

(23) "Registration certificate" means a certificate showing the registration of an establishment [granted or renewed under section 7];

(24) "Residential hotel" means any premises used for the reception of guests and travellers desirous of dwelling or sleeping therein and includes a presidential club];

(25) "Restaurant or eating house" means any premises in which is carried on wholly or principally the business of the supply of meals or refreshments to the public or a class if the public for consumption on the premises;

(26) "Schedule" means a Schedule appended to this Act;

(27) "Shop" means any premises where goods are sold, either by retail or wholesale or 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, a commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;

(28) "Spread-over" means the period between the commencement and the termination of work of an employee on any day;

(29) "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;

(30) "Wages" means wages defined in the Payment of Wages Act, 1936: (V of 1936);

(31) "Week" means the period of seven days beginning at midnight of Saturday,

[(32) "Year means a year commencing on the first day of January];

(33) "Young person" means a person who is not a child and has completed his seventeenth year.

Reference to time of day.- Reference to the time of day in this Act are references to Indian standard time which is five and a half hours ahead of Greenwich mean time.
Exemptions.- [(1)]Notwithstanding anything contained in this Act, the provisions of this Act mentioned in the third column of Schedule II shall not apply to the establishments, employees and other persons mentioned against them in the second column of the said Schedule:

Provided that the [State] Government may, by notification published in the Official Gazette, add to, omit or alter any of the entries if the said Schedule [subject to such conditions, if any, as may be specified in such notification] and on the publication of such notification, the entries in either column of the said Schedule shall be deemed to be amended accordingly.

[[(2) Every notification issued under the proviso to sub-section (1) shall be laid for not less than thirty days before the State Legislature as soon as may be after it is issued and shall be subject to such rescission by the State Legislature or to such modification as the State Legislature may make during the session in which the notification is so laid or the session immediately following.]

(3) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.]

Application of Act to other establishments and persons.- (1) Notwithstanding any thing contained in this Act, the [State]Government may, by notification in theOfficial Gazette, declare any establishment or class of establishments to which, or any person or class of 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 person or class of 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 persons or class of persons shall be deemed to be an establishment or class of establishments to which, or to be an employee or class of employees to whom, this Act applies and all or any of the provisions of this Act with such adaptation or modification as may be specified in such declaration, shall apply to such establishment or class of establishments or to such employee or class of employees.

Suspension of all or any of the provisions of this Act.- The [State]Government may, be 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.

CHAPTER II

Registration of Establishments

Registration of establishments.- (1) Within the period specified in sub-section (4), the employer of every establishment shall send to the Inspector of the local area concerned a statement, in a prescribed form, together with such fees as maybe prescribed, containing-

(a) the name of the employer and the manager, if any,

(b) the postal address of the establishment;

(d) the category of the establishment, i.e., whether it is a shop, commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; and

(e) such other particulars as may be prescribed.

(2) On receipt of the statement and the fees, the Inspector shall, on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such manner as may be prescribed and shall issue, in a prescribed form, a registration certificate to the employer.

[***]

(3) In the event of any doubt or difference of opinion between an employer and the Inspector as to the category to which an establishment should belong the Inspector shall refer the matter to the prescribed authority which shall, after such inquiry as it thinks proper, decide the category of such establishment and its decision shall be final for the purposes of this Act.

(4) Within thirty days from the date mentioned in column 2 below in respect of an establishment mentioned in column 1, the statement together with fees shall be sent to the Inspector under sub-section (1):

Establishments	Date from which the period of 30 days to commence
1	2
(i) Establishments existing in local areas mentioned in Schedule I on the date on which this Act comes into force.	The date on which this Act comes into force.
(ii) Establishments existing in local areas on the date on which this section comes into force.	The date on which this section comes into force in the local areas.
(iii) New establishments in local areas mentioned in Schedule I and other local areas in which this section has come Into force.	The date on which the establishment commences its work.

[(5) A registration certificate granted under sub-section (2) shall unless it is cancelled earlier, remain in force from the date of its grant upto the end of the year in which it is granted, and shall be renewable from time to time [for a period not exceeding [five years] at a time] so however that any such period shall not include a fraction of a year]:

Provided that a registration certificate granted before the commencement of the Bombay Shops and Establishments (Gujarat Extension and Amendment) Act, 1961 (Gujarat XI of 1962), and in force immediately before such commencement shall remain in force upto the end of December, 1961 unless it is cancelled earlier.

(6) An employer, holding a registration certificate shall, except in the circumstances mentioned in section 9, make an application for its renewal in the prescribed form to the Inspector not later than fifteen day's before the date of its expiry. Such application shall be accompanied by such fee as may be prescribed.

(7) On receipt of an application in accordance with sub-section (6), the Inspector shall on being satisfied about the correctness of the particulars mentioned in the application renew the registration certificate in the prescribed form.

(8) The registration certificate renewed under sub-section (7) shall, unless it is cancelled earlier, remain in force [for the period] for which it is renewed.

(9) The registration certificate shall be prominently displayed at the premises of the establishment.]

Change to be communicated to Inspector.- It shall be the duty of an employer to notify to the Inspector, in a prescribed form [any change in any of the particulars contained in the statement submitted under Section 7 within such period, after the change has taken place, as the State Government may prescribe in respect of any establishment or class of establishments]. The Inspector shall, on receiving such notice and the prescribed fees and on being satisfied about its correctness, make the change in the register of establishments in accordance with such notice and shall amend the registration certificate or issue a fresh registration certificate, if necessary.
Closing of establishment to be communicated to Inspectors.- The employer shall, within ten days, on his closing the establishment, notify to the Inspector in writing accordingly. The Inspector shall, on receiving the information and being satisfied about its correctness, remove such establishment from the register of establishments and cancel the registration certificate,

[Provided that if the Inspector does not receive the information but he is otherwise satisfied that the establishment has been closed, he may remove such establishment from such register and cancel such certificate.]

CHAPTER III

Shops and Commercial Establishments

Opening hours of shops.- (1) No shop-

(a) dealing wholly in milk, vegetables, fruit, fish, meat, bread or any other goods notified by the [State] Government shall in any day be opened earlier than 5 a.m.;

(b) [****] other than those specified in clause (a) of this sub-section, shall on any day be opened earlier than 7-00 a.m.

(2) Subject to the provisions of sub-section (1), the [State] Government may fix later opening hours for different classes of shops or for different areas or for different periods of the year.

Closing hours of shops.- (1) Notwithstanding anything contained in any other enactment for the time being in force, no shop-

(a) [* * *] other than those specified in clause (b) of this sub-section, shall on any day be closed later than 8-30 p.m.;

(b) [dealing mainly in] pan, bidi, cigarettes, matches and other ancillary articles shall on any day be closed later than 11 p.m.:

Provided that any customer who has being served or was waiting to be served at such closing hour in any shop may be served in such shop during the quarter of an hour immediately following such hour.

(2) Subject to the provisions of sub-section (1), the [State] Government may fix earlier closing hours for different classes of shops or for different areas or for different periods of the year.

Hawking prohibited before opening and after closing hours of shops.- (1) No person shall carry on in or adjacent to a street or a public place the sale of any goods before the opening and after the closing hours fixed under Sections 10 and 11 for the shops dealing in the same class of goods in the locality in which such street or public place is situate.

[Provided that nothing in this sub-section shall apply to the sale of newspapers.]

(2) Any person contravening the provisions of sub-section (1) shall be liable to have his goods seized by an Inspector.

[(3) The goods seized under sub-section (2) shall be returned to the person from whom they were seized on his depositing rupees twenty-five as security for his appearance in the Court.

(4) If the person fails to make the deposit, the goods seized shall be produced without delay before a Magistrate who may give such directions as to their temporary custody as he thinks fit.

(5) Where no prosecution is instituted for contravention of the provisions of sub-section (I) within such period as the Magistrate may fix in this behalf, the Magistrate shall direct their return to the person from whom they were seized.

(6) Subject to the provisions of the preceding sub-section, the provisions of the [Code of Criminal Procedure, 1898, (V of 1898)] shall, so far as they may be applicable, apply to the disposal of the goods seized under this Section.]

Opening and closing hours of commercial establishments.- (1) No commercial establishment shall be on any day be opened earlier than 30 a.m. and closed later than 8-30 p.m.

(2) Subject to the provisions of sub-section (1), the [State] Government may fix later opening or earlier closing hours for different classes of commercial establishments or for different areas or for different periods of the year.

Daily and weekly hours of work in shops and commercial establishments.- (1) Subject to the other provisions of this Act, no employee shall be required or allowed to work in any shop or commercial establishment for more than nine hours in any day and forty-eight hours in any week.

(2) Any employee may be required or allowed to work in a shop or commercial establishment for any period in excess of the limit fixed under sub-section (1) if such period does not exceed three hours in any week.

(3) On not more than six days in a year which the [State] Government may fix by rules made in this behalf, for purposes of making of accounts, stock taking settlements or other prescribed occasions, any employee may be required or allowed to work in a shop or commercial establishment in excess of the period fixed under sub-section (1), if such excess period does not exceed twenty-four hours.

[15. Interval for rest. - [(1) The period of work of an employee in a shop or commercial establishment of each day shall be so fixed that no period of continuous work shall exceed five hours and that no employee shall be required or allowed to work for more than five hours before he has had [an interval for rest of at least-]

(i) half an hour, if he is employed in a commercial establishment engaged in any manufacturing process, and

(ii) one hour in any other case, subject, however, to the provisions of subsection (2)].

[(2) In the case of employees other than those employed in a commercial establishment engaged in any manufacturing process, the State Government, on an application made in that behalf by the employees concerned, may permit the reduction of the interval for rest to half an hour.]

Spread-over in shops.- The spread-over of an employee in a shop shall not exceed eleven hours in any day:

Provided that in cases where any shop is on any day entirely closed for a continuous period of not less than three hours, the spread-over shall not exceed twelve hours in that day:

Provided also that where an employee works on any day in accordance with the provisions of sub-section (2) of Section 14, the spread-over shall not exceed fourteen hours in any such day and where he works on any day in accordance with the provisions of sub-section (3) of the said section, the spread-over shall not exceed sixteen hours in any such day.

Spread-over in commercial establishments.- The spread-over of an employee in a commercial establishment shall not exceed eleven hours in any day:

Provided that the [State] Government may increase the spread-over period subject to such conditions as it may impose either generally or in the case of a particular commercial establishment or a class or classes of commercial establishments.

Holidays in a week in shops and commercial establishments.- [(1) Every shop and commercial establishment shall remain closed on one day of the week. [Except where the day is fixed under sub-section (IB) the employer shall]prepare a calendar or list of such closed days [***] notify such calendar or list to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the shop or commercial establishment. [Such calendar or list shall be prepared at the beginning of the year but in the case of a shop or establishment to which this Act becomes applicable for the first time after the beginning of a year, the first calendar or list for the remaining part of the year shall be prepared before the expiry of one month from the date of the application of this Act thereto.]

(1A) Notwithstanding anything contained in sub-section (1), [but except where the day is fixed under sub-section (IB)], a shop or commercial establishment may remain open on any day notified as [a closed day] under sub-section (1), if-

(a) it remains closed on any other day of the week; and

(b) the employer has notified to the Inspector, his intention to close the shop or the commercial establishment, as the case may be, on the day substituted under clause (a), at least seven days before the substituted day or the day notified as closed day under sub-section (1), whichever is earlier.]

[(1B) (a) Notwithstanding anything contained in sub-section (1) in respect of any area within the jurisdiction of a local authority, the local authority and in respect of any other area, the State Government may by an order published in the prescribed manner, fix the day on which a shop or commercial establishment shall remain closed every week; and different days may be fixed with reference to different classes of shops or establishments, different parts of the same area or different periods of the year.

(b) Every shop and commercial establishment to which such order applies shall remain closed accordingly:

Provided that nothing in this clause shall apply to a shop or commercial establishment, the employer of which has notified to the Inspector at the beginning of the year his intention to close the shop or commercial establishment on a public holiday within the meaning of the Negotiable Instruments Act, 1881] (XXVI of 1881).

(2) It shall be lawful for an employer to call an employee at, or for an employee to go to, his shop or commercial establishment or any other place for any work in connection with the business of his shop or commercial establishment on a day on which such shop or commercial establishment remains closed.

(3) No deduction shall be made from the wages of any employee in a shop or commercial establishment on account of any day on which it has remained closed under this Section. If any employee is employed on a daily wage, he shall nonetheless be paid his daily wage for the day on which such shop or commercial establishment remains closed. [If any employee is paid a piece rated wage, he shall nonetheless be paid his wage for the day on which the shop or commercial establishment remains closed, 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 closed day, exclusive of any earning in respect of overtime:]

[Provided that nothing in this sub-section shall apply to any person whose total period of continuous employment is less than six days.]

CHAPTER IV

Residential Hotels, Restaurants and Eating Houses

Opening and closing hours of restaurants and eating houses.- (1) Notwithstanding anything contained in any other enactment for the time being in force, no restaurant or eating house shall on any day be opened earlier than 5 a.m. and closed later than 11p.m. for service:

Provided that an employee in such restaurant or eating house may be required to commence work not earlier than 4-30 a.m. and shall not be required to work later than 11-30 a.m.:

Provided also that any customer who was being served or waiting to be served at the closing hour of such restaurant or eating house may be served in such restaurant or eating house during the quarter of an hour immediately following such hour.

(2) Subject to the provisions of sub-section (1), the [State] Government may fix later opening or earlier closing hours for different restaurants or eating houses or for different areas or for different periods of the year.

(3) Notwithstanding anything contained in this section or any other enactment for the time being in force, on not more than ten days in a year on festive or special occasions, the [State] Government may, by notification in the Official Gazette, fix such opening and closing hours for different restaurants or eating houses or for different areas, as it thinks proper.

Restaurants and eating houses not to sell goods of the kind sold in shops before the opening and after the closing hours of shops.- Before and after the hours, fixed for the opening and closing of shops under Sections 10 and 11, no goods of the kind sold in such shops shall be sold in any restaurant or eating house except for consumption on premises.
Daily hours of work in residential hotels, restaurants and eating houses.- (1) Except on the days that may be notified under sub-section (3) of section 19, no employee shall be required or allowed to work in any residential hotel, restaurant or eating house for more than nine hours in any day.

(2) On the days which may be notified under sub-section (3) of Section 19, any employee may be required or allowed to work in a residential hotel, restaurant or eating house in excess of the period fixed under sub-section (1), if such excess period does not exceed three hours in any day.

[22. Interval for rest. - The period of work of an employee in a residential hotel, restaurant or eating house each day shall be so fixed that no period of continuous work, shall exceed five hours and that no employee shall be required or allowed to work for more than five hours before he has had an interval for rest of at least one hour:]

[Provided that, the State Government may, on an application made in that behalf by the employees concerned; permit the reduction of the interval for rest to half an hour],

Spread-over.- The spread-over of an employee in a residential hotel, restaurant or eating house shall not exceed fourteen hours:

Provided that the [State] Government may increase the spread-over period subject to such conditions as it may impose on the days that may be notified under sub-section (3) of section 19.

Holidays in a week.- (1) Every employee in a residential hotel, restaurant or eating house shall be given at least one day in a week as a holiday:

Provided that nothing in this sub-section shall apply to an employee whose total period of employment in any week is less than six days.

(2) It shall not be lawful for an employer to call an employee at, or for an employee to go to, his residential hotel, restaurant or eating house or any other place for any work in connection with the business of his residential hotel, restaurant or eating house on a day on which such employee has a holiday.

(3) No deduction shall be made from the wages of any employee in a residential hotel, restaurant or eating house on account of any holiday given to him under sub-section (1). If an employee is employed on a daily wage, he shall none the less be paid his daily wage for the holiday.

[25. Employer to furnish identity card to employee]. - Deleted by Gujarat 26 of 1977, section 5.

CHAPTER V

Theatres or Other Places of Public Amusement or Entertainment

Closing hour of theatres or other places of public amusement or entertainment.- Notwithstanding anything contained in any other enactment for the time being in force, no theatre or other place of public amusement or entertainment shall, on any day, be closed later than twelve mid-night.
Theatres or other places, of public amusement or entertainment not to sell goods of the kind sold in shops after the closing hours of shops.- After the hour fixed for the closing of shops under Section 11, no goods of the kind sold in a shop shall be sold in any theatre or other place of public amusement or entrainment except for consumption on premises.

[28. Daily hours of work in theatres or other places of public amusement or entertainment. - (1) No employee shall be required or allowed to work in any theatre or other places of public amusement or entertainment for more than nine hours in any day.

(2) Any employee may be required or allowed to work in a theatre or other place of public amusement or entertainment for any period in excess of the limit fixed under sub-section (1), if such period does not exceed six hours in any week.]

[29. Interval for rest. - The period of work of an employee in a theatre or other places of public amusement or entertainment each day shall be so fixed that no period of continuous work shall exceed five hours and that no employee shall be required or allowed to work for more than five hours before he has had an interval for rest of at least one hour;]

[Provided that, the State Government may, on an application made in that behalf by the employees concerned, permit the reduction of the interval for rest to half an hour:]

Spread-over.- The spread-over of an employee in a theatre or other place of public amusement or entertainment shall not exceed eleven hours in any day:

Provided that the [State] Government may increase the spread-over period subject to such conditions as it may impose either generally or in the case of a particular theatre or other place of public amusement or entertainment.

Holidays in a week.- (1) Every employee in a theatre or other place of public amusement or entertainment shall be given at least one day in a week as a holiday:

Provided that nothing in this sub-section shall apply to an employee whose total period of employment in any week is less than six days.

(2) It shall not be lawful for an employer to call an employee at, or for an employee to go to, his theatre or other place of public amusement or entertainment or any other place for any work in connection with the business of his theatre or place of public amusement or entertainment on a day on which such employee has a holiday.

(3) No deduction shall be made from the wages of an employee in a theatre or other place of public amusement or entertainment on account of any holiday given to him under sub-section (1). If an employee is employed on a daily wage, he shall nonetheless be paid his daily wage for the holiday given to him.

CHAPTER VI

Employment of Children, Young Persons and Women

No child to work in any establishment.- No child shall be required or allowed to work whether an employee or otherwise in any establishment, notwithstanding that such child is a member of the family of the employer.
Young persons and women to work between 6 a.m. and 7 p. m.- No young person or woman, shall be required or allowed to work, whether as an employee or otherwise, in any establishment before 6-00 a.m. and after 7 p. m., notwithstanding that such young person or woman is a member of the family of the employer.
Daily hours of work for young persons.- (1) Notwithstanding anything contained in this Act, no young person shall be required or allowed to work, whether as an employee or otherwise, in any establishment for more than six hours in any day.

(2) No young person shall be required or allowed to work whether as an employee or otherwise in any establishment for more than three hours in any day unless he has had an interval for rest of at least half an hour.

[34A. Prohibition of employment of young persons and women in dangerous work. - No young person or woman working in any establishment, whether as an employee or otherwise, shall be required or allowed to perform such work as may be declared by the State Government by notification in the Official Gazette, to be work involving danger to life, health or morals.]

CHAPTER VII

Leave with Pay and Payment of Wages

Leave.- [(1) (a) Subject to the provisions of clause (b), every employee who has been employed for not less than three months in any year, shall for every 60 days on which he has worked during the year be allowed leave, consecutive or otherwise, for a period of not more than five days:

(b) every employee who has worked for not less than two hundred and forty days during a year shall be allowed leave, consecutive or otherwise, for a period of not less than twenty-one days:

Provided that such leave may be accumulated up to a maximum period of [sixty-three days].

Explanation. - The leave allowed to an employee under clauses (a) and (b) shall be inclusive of the day or days during the period of such leave, on which a shop, or commercial establishment remains closed under section 18, or on which he is entitled to a holiday under sub-section (1) of Section 24 or Section 31.)

[(1A) Every employee who has accumulated leave shall, when he goes on leave for a period of not less than twenty-one days, be entitled to surrender, out of the balance of leave remaining to his credit on the commencement of his leave, any period of leave, not exceeding twenty-one day; and such employee shall, for the period of leave so surrendered by him, be entitled to payment of wages as if the leave so surrendered had been allowed to him under sub-section (1):

Provided that no employee shall be entitled to surrender leave under this sub-section more than once in any period of two years.

(1B) In addition to the leave permissible under sub-section (1), every employee shall be entitled to leave with wages as follows

(i) casual leave for seven days in a year;

(ii) leave on medical grounds for not more than seven days in year, and

(iii) leave for not more than four days in a year on any of the days which the State Government, may by notification in the Official Gazette, specify to be the National and Festival holidays.]

(2) If an employee entitled to leave under sub-section (1) [retires, resigns or] [****] 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 before he has been allowed the leave, the employer shall pay him the amount payable under Section 36 in respect of the leave.

(3) If an employee entitled to leave under sub-section (1) [***] is refused the leave, he may give intimation to the Inspector or any other officer authorised in this behalf by the[State] Government regarding such refusal. The Inspector shall enter such intimation in a register kept in such form as may be prescribed.

Pay during leave.- 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 three months, exclusive of any earnings in respect of overtime.
Payment when to be made.- An employee who has been allowed leave under Section 35 shall, before his leave begins, be paid half the total amount due to him for the period of such leave.
Application and amendment of the Payment of Wages Act.- (1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (IV of 1936), herein referred to as "the said Act", the [State] Government may, by notification published in the Official Gazette, direct that subject to the provisions of sub-section (2) the said Act [shall, in such local areas as may be specified in the notification apply] to all or any class of establishments or to all or any class of employees to which or whom this Act for the time being applies.

(2) On the application of the provisions of the said Act to any establishment or to any employees under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act within the local limits of his jurisdiction.

[38A. Application of Act VIII of 1923 to employees of establishment. - The provisions if the Workmen's Compensation Act, 1923 (VIII of 1923) and the rules made from time to time thereunder, shall, mutatis mutandis apply to every employee (other than an employee who is in receipt of monthly wages exceeding [one thousand rupees]of an establishment to which this Act applies [***].

Explanation. - For the purposes of this section the expression "wages' shall have the same meaning as is assigned to it under the Workmen's Compensations Act, 1923 (VIII of 1923).]

CHAPTER VIII

Health and Safety

Cleanliness.- The premises of every establishment shall be kept clean and free from effluvia-rising from any drain or privy or other nuisance and shall be cleaned at such times and by such method, as may be prescribed. These methods may include lime washing, colour washing, painting, varnishing, disinfecting and deodorising.
Ventilation.- The premises of every establishment shall be ventilated in accordance with such standards and by such methods as may be prescribed.
Lighting.- (1) The premises of every establishment shall be sufficiently lighted during all working hours.

(2) If it appears to an Inspector that the premises of any establishment within his jurisdiction are not sufficiently lighted, he may serve on the employer an order in writing specifying the measures which in his opinion should be adopted and requiring them to be carried out before a specified date.

Precautions against fire.- In every establishment except such establishment or class of establishments as may be prescribed, such precautions against fire shall be taken as may be prescribed.

[42A. First Aid. - In every establishment wherein a manufacturing process as defined in clause (k) of Section 2 of the Factories Act, 1948, (LXIII of 1948) is carried on, there shall provide and maintained a first aid box containing such articles as may be prescribed.]

CHAPTER IX

Enforcement and Inspection

Powers and duties of local authorities.- Save as otherwise provided in this Act, it shall be the duty of every local authority to enforce, within the area subject to its jurisdiction, the provisions of this Act, subject to such supervision of the [State]Government as may be prescribed.

Provided that the local authority may by order direct that the said duty of enforcing the provisions of this Act shall be discharged, in such circumstances and subject to such condition, if any, as may be specified in the order, by its Chief Executive Officer or any other officer subordinate to it;

Provided also that in respect of the areas not subject to the jurisdiction of any local authority, it shall be the duty of the [State] Government to enforce the said provisions.

[43A. Power of State Government to enforce provisions of Act within areas of local authorities. - Notwithstanding anything contained in Sections 43 the State Government by notification in the Official Gazette, direct that in the areas subject to the jurisdiction of such local authority as may be specified in the notification the provisions of this Act shall be enforced by the State Government from such date and for such period as may be specified in the notification and thereupon such local authority and officers of such local authority shall be discharged from the duty of enforcing the provisions of this Act within such area from the date and for the period as so specified:

Provided that the bye-laws, if any, made by the local authority under section 44 and in force in such area before the date so specified shall continue to be in force with amendments, if any, made therein, until such bye-laws are amended or superseded by the State Government.]

Power to make bye-laws.- A local authority empowered under Section 43 to enforce the provisions of this Act may, with the previous sanction of the [State]Government, make by-laws not inconsistent with the provisions of the Act, or the rules or orders made by the [State]Government thereunder, for the purpose of carrying out the provisions of this Act.
Delegation.- (1) The [State]Government may, by order direct that any of its functions under any of the provisions mentioned below shall, in such circumstances and subject to such conditions, if any, as may be specified in the order, be exercised or discharged by any local authority or any officer subordinate to it [in the area within the jurisdiction of the local authority] namely:-

[Section 6, sub-section (2) of section 11], sub-section (2) of section 13, section 17, sub-sections (2) and (3) of section 19, section 23 and section 30.

(2) Nothing in this Act shall derogate from the right of the [State] Government to exercise any or all the functions hereby delegated to any local authority or officer subordinate to it.

Power of [State] Government to provide for performance of duties on default by local authority.- (1) If any local authority makes default in the performance of any duty imposed by or under this Act, the [State]Government may appoint some person to perform it and may direct that the expense of performing it with a reasonable remuneration to the person appointed to perform it shall be paid forthwith by the local authority.

(2) If the expense and remuneration are not so paid, the [State] Government may, notwithstanding anything contained in any law relating to the municipal fund or local fund or any other law for the time being in force, make an order directing the bank in which any moneys of the local authority are deposited or the person in charge of the local Government Treasury or of any other place of security in which the moneys of the local authority are deposited to pay such expense and remuneration from such moneys as may be standing to the credit of the local authority in such bank or may be in the hands of such person or as may from time to time be received from or on behalf of the local authority by way of deposit by such bank or person; and such bank or person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such bank or person from all liability to the local authority in respect of any sum or sums so paid by it or him out of the moneys of the local authority so deposited with such bank or person.

Expenses of local authority to be paid out of its fund.- Notwithstanding anything contained in any enactment in regard to any municipal or local fund, all expenses incurred by a municipality [or any other local authority]under and for the purposes of this Act shall be paid out of the municipal or local fund, as the case may be.

[48. Appointment of Inspectors. - (1) For an area [within the jurisdiction of a local authority whose duty it is to enforce the provisions of this Act] the local authority and for other areas the State Government shall, subject to the provisions of sub-section (3), appoint as many inspectors as the local authority or the State Government, as the case may be, may deem necessary for the purpose of carrying out the provisions of this Act.

(2) Notwithstanding anything contained in sub-section (1), in the areas within the jurisdiction of a local authority, the State Government may appoint Inspectors for such supervision as the State Government may prescribe.

(3) A person possessing the prescribed qualifications shall be qualified for being appointed as an Inspector.

(4) A local authority or, as the case may be, the State Government may direct that the powers conferred on it by this section shall in such circumstances, and subject to such conditions (if any), as may be specified in the direction, be exercised-

(a) in the case of a local authority, by its standing committee or by any committee appointed by it in this behalf or, if such local authority is a municipal corporation by its Municipal Commissioner or Deputy Municipal Commissioner, and

(b) in the case of the State Government, by any officer subordinate to it.]

Powers and duties of Inspectors.- Subject to any rules made by the [State]Government in this behalf, an Inspector may, within the local limits for which he is appointed, -

(a) enter, at all reasonable times 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; and

Provided that on one shall be required under this Section to answer any question or give any evidence tending to incriminate himself,

Inspectors to be public servants.- Every Inspector appointed under Section 48 shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (XLV of 1860).
Employer [and manager]to produce registers, records, etc., for inspection.- Every employer [and in his absence the manager] shall on demand produce for inspection of an Inspector all registers, records and notices required to be kept under and for the purposes of this Act.

CHAPTER X

Offences and Penalties

Contravention of certain provisions and offences.- (a) If any employer fails to send to the Inspector a statement within the period specified in Section 7 [or fails to apply for the renewal of his registration certificate as required by sub-section (6) of section 7]or to notify a change within the period specified in Section 8 or to notify the closing of his establishment under Section 9; or

(b) If in any establishment there is any contravention of any of the provisions of Section 10, 11, 13, 18, 19, 20, 26. 27, 39, 40, 41 or 42 or any orders made thereunder; or

(c) If in any establishment any person is required or allowed to work in contravention of Section 14, 15. 16, 17. 21, 22, 23, 24, 28, 29. 30 or 31; or

(d) If any establishment a child or young person or woman is required or allowed to work in contravention of section 32,[33 , 34 or 34A ; or]

[(e) If any employer or manager contravenes the provisions of Section 51 or any employer contravenes the provisions of Section 62 or 65; or]

(f) If in any establishment there is any contravention of any Section, rule or order for which no specific punishment is provided in this Act, the employer and the manager shall, on conviction, each be punished with fine which shall not be less than twenty-five rupees and which may extend to two hundred and fifty rupees

[Provided that, if the contravention of the provisions of section 7 is continued after the expiry of the fifteenth day after conviction, the employer shall on conviction be punished with a further fine which may extend to ten rupees for each day on which the contravention is so continued.]

Contravention of Section 12.- If any person contravenes the provisions of Section 12, he shall, on conviction, be punished with fine which shall not be less than ten rupees and which may extend to fifty rupees].
Employee contravening sections 18 (2), 24, 31 and 65.- If an employee contravenes the provisions of sub-section (2), of Section 18, 24, 31 or 65, he shall, on conviction, be punished with fine which shall not be less than ten rupees and which may extend to fifty rupees].

[55. False entries by employer and manager. - If any employer or manager with intent to deceive makes, or causes or allows to be made, in any register, record or notice prescribed to be maintained under the provisions of this Act or the rules made thereunder, an entry which, to his knowledge, is false in any material particular, or wilfully omits or causes or allows to be omitted, from any such register, record or notice, an entry which is required to be made therein under the provisions of this Act or the rules made thereunder, or maintains or causes or allows to be maintained, more than one set of any register, record or notice except the office copy of such notice, or sends, or causes or allows to be sent, to an Inspector, any statement, information or notice prescribed to be sent under the provisions of this Act or the rules made thereunder which, to his knowledge, is false in any material particular, he shall, on conviction, be punished with fine which shall not be less than fifty rupees and which may extend to two hundred and fifty rupees:

Provided that if both the employer and the manager are convicted, the aggregate of the fine in respect of the same contravention shall not exceed two hundred and fifty rupees.

Enhanced penalty in certain cases after previous conviction.- If any employer and manager who have been convicted of any offence under sub-section (1) of Sections 10, 11, 13, 14, 18, 19, 24, 31 or 34 or under sub-section (2), or (3) of Section 14 or under Section 55 or under Sections 21, 26, 28, 32, [33, 34A], 51, 57, 62 or 65, 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 fifty rupees and which may extend to five hundred rupees; and if they are again so guilty, they shall each be punished on the Third or any subsequent conviction with fine which shall not be less than seventy-five rupees and which may extend to seven hundred and fifty rupees:

Provided that if both the employer and the manager are convicted the aggregate of the fine in respect of the same contravention shall not exceed five hundred rupees on second conviction and seven hundred and fifty rupees on third or any subsequent conviction:

Provided further that, for the purposes of this section, no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished:

Provided also that the Court, if it is satisfied that there are exceptional circumstances warranting such a course, may, after recording its reasons in writing impose a smaller fine than is required by this section.

Penalty for obstructing Inspector.- Whoever willfully obstructs an Inspector in the exercise any power under Section 49 or conceals or prevents any employee in an establishment from appearing before or being examined by an Inspector, shall, on conviction, be punished with fine which shall not be less than twenty-five rupees and which may extend to two hundred and fifty rupees.
Determination of employer for the purposes of this Act.- (1) Where the owner of an establishment is a firm or other association of individuals, any one of the individual partners or members thereof may be prosecuted and punished under this Act for any offence for which an employer in an establishment is punishable:

Provided that the firm or association may give notice to the Inspector that it has nominated one of its members who is resident in the [State] to be the employer for the purposes of this Act and such individual shall so long as he is so resident be deemed to be the employer for the purposes of this Act, until further notice cancelling the nomination as received by the Inspector or until he ceases to be a partner or member of the firm or association.

(2) Where the owner of an establishment is a company, any one of the directors thereof, or in the case of a private company, any one of the share holders thereof may be prosecuted and punished under this Act for any offence for which the employer in the establishment is punishable:

Provided, that, the company may give notice to the Inspector that it has nominated a director, or, in the case of a private company, a shareholder who is resident in the[State] to be the employer in the establishment for the purposes of this Act, and such director or shareholder shall so long as he is so resident be deemed to be the employer in the establishment for the purposes of this Act, until further notice cancelling his nomination as received by the Inspector or until he ceases to be a director or shareholder.

Exemption of employer or manager from liability in certain cases.- (1) Where the employer or manager of an establishment is charged with an offence against this Act or the rules or orders made thereunder, he shall be entitled upon complaint duly made by him to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer or manager of the establishment proves to the satisfaction of the Court-

(a) that he has used due diligence to enforce the execution of this Act, and

(b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like fine as if he were the employer or manager, and the employer or manager shall be discharged from any liability under this Act.

(2) When it is made to appear to the satisfaction of the Inspector at any time prior to the institution of the proceedings-

(a) that the employer or manager of the establishment has used all due diligence to enforce the execution of this Act.

(b) by what person the offence has been committed, and

(c) that it has been committed without the knowledge, consent or connivance of the employer or manager, and in contravention of his orders, the Inspector shall proceed against the person whom he believes to be the actual offender without first proceeding, against the employer or manager of the establishment, and such person shall be liable to the like fine as if he were the employer or manager.

[59A. Protection in respect of employment of certain children. - If any specified person has been required or allowed to work whether as an employee or otherwise in an establishment, before the commencement of the Bombay Shops and Establishments (Gujarat Amendment) Act, 1980 (Gujarat 35 of 1989), (hereinafter referred to as "the Amendment Act") and such act of requiring or allowing such specified person to so work was not a contravention of section 32 before such commencement, then nothing contained in this Act as amended by the amending Act, shall be deemed, to render the continuance of the Act of requiring or allowing such person to so work after such commencement a contravention of section 32;

Explanation: - For the purposes of this section "specified person" means a person who at the time when he was required or allowed to work whether as an employee or otherwise in an establishment had completed his twelfth year but had not completed his fourteenth year.]

Cognizance of offences.- (1) No prosecution under this Act or the rules or orders made thereunder shall be instituted except by an Inspector and except with the previous sanction of the [District Magistrate]or the local authority, as the case may be;

[Provided that any local authority may direct that the powers conferred on it by this sub-section shall, in such circumstances and subject to such conditions, if any, as may be specified in the direction, be exercised by its standing committee or by any committee appointed by it in this behalf or, if such local authority is a municipal corporation, by its Municipal Commissioner, [or Deputy Municipal Commissioner] [or by any other officer as may be specified in the directions.]

(2) No Court inferior to that of [***] Magistrate of the second Class shall try any offence against this Act or any rule or order made thereunder.

Limitation of prosecutions.- [(1) No court shall take cognizance of any offence under this Act or any rule or order made thereunder, unless complaint thereof is made within [three months from the date on which the alleged commission of the offence came to the knowledge of an Inspector].

CHAPTER XL

Miscellaneous and Supplemental

Maintenance of registers and records and display of notices.- Subject to the general or special orders of the [State]Government an employer shall maintain such registers and records and display on the premises of his establishment such notices as may be prescribed. All such registers and records shall be kept on the premises of the establishment to which they relate.

[62A. Employer to furnish identity card to employees. - (1) This section shall apply to every residential hotel, restaurant and eating house in the whole of the State and it shall apply to such other establishments or classes of establishments in the whole of the State or any part thereof as may be specified by a notification in the Official Gazette, from such date as may be specified in such notification.

(2) The employer of every establishment to which this section applies shall furnish each employee therein with an identity card which shall be produced by the employee on demand by an Inspector. Such card shall contain the following and such other particulars as may be prescribed, namely:-

(a) name and address of the employer;

(b) the name, if any, and postal address of the establishment;

(d) date of birth of the employee;

(e) the date on which the employee joined service in the establishment;

(f) recent passport size photograph of the employee duly signed by the employee;

(g) hours of works, the interval for rest and holiday, of the employee;

(h) signature (with date) of the employer or manager;

Provided that it shall not be necessary to furnish such identity card to any employee to whom an identity card containing similar particulars and information is furnished under any other law applicable to him.

(3) The cost of such identity card including the cost of the photograph shall be borne by the employer.

(4) If the identity card furnished by the employer is lost by the employee, a duplicate card shall be furnished free of charge by the employer immediately on production of his passport size photograph by the employee for being affixed on the card.

(5) No employee shall work as an employee in an establishment to which this section applies unless he holds an identity card required to be furnished under this section and no employer shall permit or require any person who does not hold such card to work in such establishment.

(6) If an employer of any establishment to which this section applies contravenes any of the provisions of this section, he shall, on conviction, be punished with fine which shall not be less than ten rupees and which may extend to fifty rupees.

62B. Exhibition of signboard. - Every employer shall conspicuously display on the main entrance of the establishment, a wooden or metal signboard of such size, painted in such manner and containing such particulars as may be prescribed.]

Wages for overtime work.- Where an employee in any establishment other than a residential hotel, restaurant or eating house, is required to work in excess of the limit of hours of work, he shall be entitled, in respect of the overtime work, wages at the rate of one and a half times his ordinary rate of wages.

(2) Where an employee in a residential hotel, restaurant or eating house, is required to work in excess of the limit of hours of work, he shall be entitled, in respect of the overtime work, wages at the rate of twice his ordinary rate of wages.

Explanation. - For the purpose of this Section the expression `limit of hours of work" shall mean-

(a) in the case of employees in shops and commercial establishments, nine hours in any day and forty-eight hours in any week;

(b) in the case of employees in residential hotels, restaurants, eating houses, theatres or other places of public amusement or entertainment, nine hours in any day; and

Evidence as to age.- (1) When an act or omission would, if a person were under or over a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court apparently under or over such age, the burden shall be on the accused to prove that such person is not under or over such age.

(2) A declaration in writing by a [qualified medical practitioner] relating to an employee that he has personally examined him and believes him to be under or over the age set forth in such declaration shall for the purposes of this Act, be admissible as evidence of the age of the employee.

Explanation. - For the purposes of this Section, a [qualified medical practitioner] shall have the same meaning as in the Factories Act, [1948] (LXIII of 1948).

Restriction on double employment on a holiday or during leave.- No employee shall work in any establishment, nor shall any employer knowingly permit an employee to work in any establishment, on a day on which the employee is given a holiday or is on leave in accordance with the provisions of this Act.
[Notice of termination of service.- No employer shall dispense with the services of an employee who has been in his[continuous employment-

(a) for not less than a year, without giving such person at least thirty days notice in writing, or wages in lieu of such notice,

(b) for less than a year but more than three months, without giving such person at least fourteen days' notice in writing, or wages on lieu of such notice]:

Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct.

[Explanation. - For the purposes of this Section, "misconduct" shall include-

(a) absence from service without notice in writing or without sufficient reasons for seven days or more;

(b) going on or abetting a strike in contravention of any law for the time being in force; and

Rules.- (1) The [State] Government may make rules to carry out the purposes of the Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the following matters, namely:-

(a) the appointment of prescribed authority under clause (21) of section 2;

(b) the period for which, the conditions subject to which and the holidays and occasions on which, the operation of the provisions of this Act may be suspended under section 6;

(c) the form of submitting a statement, the fees and other particulars under sub-section (1), the manner in which the registration of establishments is to be made and the form of registration certificate under sub-section (2) of section 7; and [the form and the period for notifying] a change and the fees under section 8;

[(ca) the form of application for the renewal of a registration certificate under section 7;]

(d) fixing six days in a year for additional overtime under sub-section (3) of section 14;

(e) fixing ten days in a year for overtime under sub-section (3) of section 19;

(f) further particulars to be prescribed for an identity card under section 25;

[***]

(h) fixing times and methods for cleaning the establishments under section 39, fixing standards and methods for ventilation under section 40; and prescribing such establishments as are to be exempted from the provisions of, and precautions against fire to be taken under section 42;

[(ha) the articles which a first aid box maintained under section 42A shall contain;]

(i) the supervision which the [State] Government shall exercise over local authorities under section 43;

(j) the qualifications of Inspectors appointed under section 48 and their powers and duties under section 49;

(k) the registers and records to be maintained and notices to be displayed under section 62;

[(kk) the other particulars to be contained in an identity card under sub-section (2) of section 62A;

(kkk) the size of, the manner of painting of, and the particulars to be contained in, the signboard to be displayed under section 62B;]

(l) the limit of hours of work under clause (c) of the Explanation to section 63;

(m) any other matter which is or may be prescribed.

(3) The rules made under this Section shall be subject to the condition of previous publication and, when so made, shall be deemed to be part of this Act.

[(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.

(5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.]

Protection to persons acting under this Act.- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or Intended to be done under this Act.
Rights and privileges under other law, etc., not affected.- Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to at the date this Act comes into force in a local area, under any other law, contract, custom or usage applicable to such establishment or any award, settlement or agreement binding on the employer and the employees in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.

[70. Persons employed in factory to be governed by Factories Act and not by this Act. - Nothing in this Act shall be deemed to apply to a factory and the provisions of the Factories Act, 1948(LXIII of 1948) shall notwithstanding anything contained in that Act, apply to all persons employed in and in connection with a factory:

Provided that, where any shop or commercial establishment situate within the precincts of a factory is not connected with the manufacturing process of the factory the provisions of this Act shall apply to it:

Provided further that, the State Government may, by notification in the Official Gazette, apply all or any of the provisions of the Factories Act 1948 (LXIII of 1948) to any shop or commercial establishment situate within the precincts of a factory and on the application of that Act to such shop or commercial establishment, the provisions of this Act shall cease to apply to it.]

Submission of annual report, etc.- It shall be the duty of every local authority to submit, within [two months]after the close of the year, to [the Commissioner of Labour, Ahmedabad] a report on the working of the Act within the local area under its jurisdiction during such year. [It shall also submit to him] from time to time such annual or periodical returns as may be required.
Repeal of Bombay Shops and Establishments Act, 1939.- On and from date of the commencement of this Act, the Bombay Shops and Establishments Act, 1939, (Bombay XXIV of 1939) shall be repealed:

Provided that-

(a) every appointment, order, rule, by-law, regulation, notification 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, by-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.

Schedule I

[Section 1 (3)]

Local Areas

[* * *]
The Ahmedabad Municipal Borough and Cantonment.
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
The Godhra Municipal Area.
The Surat Municipal Borough
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
The Bulsar Municipal Area.
[* * *]
[* * *]
[* * *]
The Nadiad Municipal Borough.
[* * *]
The Dahod Municipal Area.
[* * *]
[* * *]
Kapadvanj Municipal Area.
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
The Ankleshwar Municipal Area.
[* * *]
The Broach Municipal Area.
[* * *]
[* * *]
[* * *]

Schedule II

(Section 4

Exemptions [(Subject to the Mentioned Below)]

Sr. No.	Establishments, employees or other persons	Provisions of the Act.
1	2	3
1.	Establishments
1	[Establishments] of the Central Government	All Provisions
2	[Establishments,] of the [State) Government	Do
3	[Establishments] of the local Authorities	Do

Sr. No.	Establishments, employees or other persons	Provisions of the Act.
1	2	3
4	[*****	]
5	[Establishments of any Railway Administration]	Do
6	Bazars of fairs for the sale of goods for charitable or other purposes from which no profit is derived.	Do.
[6A.	Offices of the Reserve Bank of India	Do]
[6B.	[offices of Trade Commissioners and of Consular Officers and other diplomatic representatives of Foreign Government	Do]
[6C.	Offices of Air Service Companies	Do]
[6D.	Office of the Unit Trust of India [a Corporation established under the Unit Trust of India Act, 1963 (Act 52 of 1963) at Ahmedabad.]	All provisions.
[6E.	Offices of Agricultural Produce Market Committees established under the Bombay Agricultural Produce Markets Act, 1939 (Bombay XXII of 1939)]	All provisions.
[6F.	[Establishments pertaining to any, kind of educational activities	All provisions.
[6G.	[The High Court Library, High Court, Ahmedabad]	Do]
[	******	]
[6H	The Sales Department of Gandhi Smarak Sangrahalaya, Harijan Ashram, Ahmedabad	Do]
[6l	All commercial banks including their branches situate in the State of Gujarat	All provisions]

[6J	All offices of the Gujarat Industrial Development Corporation in the Sate of Gujarat	All provisions]
[6K	Establishment of the Food Corporation of India, a Corporation established under the Food Corporation Act 1964 (Act No. 37 of 1964) in the State of Gujarat.	All provisions]
[6L	Establishment of the Gujarat State Road Transport Corporation established under the Road Transport Corporations Act, 1950 (Act No. LXIV of 1950) in the State of Gujarat.	All provisions]
[6M	Gujarat Ayurved Vikas Mandal Ahmedabad including its branches situated in the State of Gujarat.	All provisions]
[6N	Gujarat Rural Housing Board, Gandhinagar including their branches situated in the State of Gujarat.	All provisions (Except section 63.)]
[6O	The State Trading Corporation of India Limited, Gandhidham (Kachchh).	All provisions (Except section 35.)]
[6P	The National Textile Corporation (Gujarat) Limited, Ahmedabad established under the Sick Textile Undertakings (Nationalisation) Act, 1974 (Act No. 51 of 1974)	All provisions (Except section 63.)]
[6Q	Office of the Rashtriya Chemicals and Fertilizers Limited, Government of India Undertaking) (A Unit established under the provisions of section 7 read with sub-section (3) of section 10 of the Industrial Employment (Standing orders) Act, 1946) at Ahmedabad.	All provisions]

[6R	The New India Assurance Company Limited, Ahmedabad including its branches situated in the State of Gujarat.	All provisions]
II [Establishments, employees and other persons]
7.	[Employees in an establishment exclusively attending to the receipt, delivery, clearance or despatch of goods, or to assisting travel arrangements of passengers by rail or other means of transport.]	Sections 10, 11, 13, to 18 (both inclusive.)
8	Employees exclusively employed in any establishment in the collection, delivery or conveyance of goods outside the premises of any establishment.	Do. [and 21 and 24]
9	Employee in such chemists `or druggists' establishments as are approved by the [State] Government or the prescribed authority by a general or special order in this behalf.	[Sections 10, 11, 13, to 18 (both inclusive).]
10	[Establishments] for the purpose of attending upon the sick, infirm, destitute or mentally unfit.	Do. [and 33][In the case of hospitals, nursing homes and maternity homes the exemption from the provisions of section 18 shall be subject to the condition that the employees employed therein are given one weekly holiday or two half-day holidays in week and no deductions are made from the wages on account thereof.]

11	[Establishments] wholly or principally engaged in the sale of ice, aerated water for funeral requisites	[Sections 10, 11 13 to 18 (both inclusive.)]
12	Travellers, canvassers and such other employees who are declared by the [State]Government by Notification published to Official Gazette in this behalf to be employees whose work in inherently intermittent [Explanation: - The following employees shall be deemed to be employees whose work is inherently intermittent:-	---do---
	(1) Employees employed in the sections of establishments carrying out repairs for the maintenance of water supply, gas supply, electricity and drainage or repair to ships.
	(2) Employees employed in bill collection works.
	(3) Employees employed in the Road Service Department of the Western India Automobile Association.]
	[(4) Employees employed in the sections or establishment for the purpose of maintenance and repairs of Buildings or of projectors or sound equipments in cinemas] [or of air-conditioning and refrigeration plants.]
	[or of punched-card accounting equipment] [or of lifts].

13	[[**] Stalls, refreshment rooms and canteens at railway stations, docks, wharves, airports and the State Transport Bus Stations.]	[Sections 19, 20 and 23.]
14	Employees working in any establishment as watchmen, caretakers, [fire fighting staff]and messengers.	Sections 10, 11, 13, to 19 (both inclusive) 22 to 24 (both inclusive), 26, 28 to 31 (both inclusive).
15	The members of an employer's family.	Sections 14 to 17 (both inclusive)' 21 to 24 (both inclusive)' 28 to 31 (both inclusive), [33 and 63].
[16A	Persons occupying position of management: Sections 14 to 17 (both inclusive) 21 to 24 (both inclusive), 28 to 31 (both inclusive), [and 63].
	Provided that the number of such persons in establishment shall not except with the sanction establishment also of the prescribed authority, [exceed 10 per cent.] of the total number of employees there in any fraction being rounded up to the next higher integer.	any In respect of commercial sections, 13 and 18.
16B	An employee engaged in confidential capacity:	Sections 14 to 17 (both inclusive), 21 to 24 (both inclusive), 28 to 31 (both inclusive), [33 and 63] in respect of commercial establishments, also sections 13 and 18.

	Provided that the number of such employees in any establishment shall not [exceed 10 per cent.] of the total number of employees therein, any fraction being rounded up to the next higher integer.
[17	Employers of Commercial establishments.	[Sections 13 and 18 (1) so far as concerns their own attendance and the attendance of the staff exempted from section 18.]
18	Legal and Income Tax Practitioners.	Sections 13 and 18 (1) so far as concerns their own attendance and the attendance of the staff exempted from section 18.
19	Establishments dealing wholly in fruits, flowers, vegetables, [betel leaves meat,] [bread], [and/or biscuits] [mawas], eggs and fish.	Section 18.
20	Female attendants for women's cloak-rooms or lavatories at theatres or other places of public amusement or entertainment or at residential hotels or restaurants	Section 33.
21	Female House Keepers employed in residential hotels and female artists in cabaret or entertainment shows.	Section 33.]
[21A	Female employees of Co-operative Consumers' Stores registered under the Gujarat Co-operative Societies Act, 1961 in the State of Gujarat.	Sections, 33 so far as closing hours are concerned and subject to the condition that no female employee shall be required or allowed to work later than 8.30 P. M.]

[22	Establishment of legal and income tax practitioners	Section 15.
23	Sections of newspaper or news agency offices pertaining to news collection, editing and Publishing.	Section 13 to 18 (both inclusive.)
24	Ice [and Ice-fruit] manufacturing establishments.	Sections 13 and 18.
25	Bakeries.	Provision relating to opening hours and section 18.
26	Such haircutting establishments and hammam-khanas as open not earlier than 6 a.m. and closed not later than 9.30 p. m.	Section 10, 11, and 16.
[27	Shops dealing in Milk, and Milk Products viz., Milk, Curds, Cream, Butter Milk, Shrikhand, Maska, Basundi, Matho and loose unpacked "Ghee" sold along with above Milk and Milk products as a part of the same establishment.	Section 11, 16 and 18.]
[28	Photography Establishments.	Provisions of opening hour in section 10 and provisions of closing hour in section 11 or section 13, as the case may be.]
29	Railway Bookstalls	Sections 10, 11 and 18.
30	Those establishments in organised Markets (like the cotton or stocks and securities markets) recognised by the prescribed authority as involving intermittent work which observes not more than six and a half total hours of work per day between the limits of 11-30 a. m. and 6-30 p.m.	Section 15.
31	Sections in banks pertaining to safe deposit vaults or lockers or godowns	Section 18.

[31A	Safe Deposit vault of the Gujarat Safe Deposit Co. Ltd., Surat.	Section 18 so far as two employees are concerned, subject to the condition that the employees concerned are granted one day holiday in a week without making any deductions from their wages on account thereof.]
32	Establishments employing not a single employee.	[Section 62, save as regards any visit book prescribed to be maintained.]
33	Employers of all establishments.	Provisions relating to closing hour in sections 11, 12 and 19 so far as their own work is concerned, provided no sale or service to customers is rendered
[34	Any establishment wherein a manufacturing process as defined in clause (a) of section 2 of the Factories Act, 1948, is carried on.	Provision relating to closing hours in section 13.]
[35	Shops supplying cycles on hire or petromax or any other lanterns on hire.	Provision relating to closing hours in section 11.]
36	Shops dealing in newspapers.	Section 18.]
[37	Code Departments of Commercial establishments.	Sections 13 and 18.]
[38	Operators employed in cinema theatres on days on which extra charity shows recognised by the prescribed authority are held	Sections 28 and 30.
39	Children and young persons exclusively employed in the sports sections of residential clubs.	Sections 32 and 34 (both inclusive]

[40	Establishments of Telegram Commission Agents.	Sections 13 and 18.
41	Young persons employed as performers in dramatics shows.	Section 33.]
[42]	Such shops dealing in pan, bidi, cigarettes, matches and other ancillary articles as open not earlier than 6-00 a. m.	Section 10.]
[42A	Retail shops dealing mainly in pan or betel leaves.	Section 18.]
[43	Upcountry depots and transhipment stations belonging to oil companies	Section 18.]
[44	Such employees of the Co-operative Bank as are engaged in propaganda, supervision and training in business methods of agriculturists and rural artisans.	Section 13.]
[45	Menial staff employed in stables for attending to the work of feeding bathing and milking of animals, cleaning of stables and distribution of milk.	Sections 13 to 18 (both inclusive) subject to the condition that an employee instead of being given a weekly holiday shall be given leave with pay of forty-five days for one year of services or such proportionate leave as the period of his service in a year bears, to the whole year in addition to leave admissible under section 35 provided that where an employee is given any weekly holiday or holidays during the year, and equal number of days may be deducted from the total leave for forty-five days or as the case may be, proportionate leave admissible to him.]

[46	Dal Manufacturing establishments	Sections 16 and 18.]
	[************]
[48	[Coffee Deposits run by the Coffee Board]	Section 35, 36 and 37.]
[49	The Out-door staff of the motor transport services	Sections 13 to 18.]
[50	Such establishments of suppliers of band parties as close not later than 1 p.m.	Section 18 section 17, subject to the condition that the spread-over shall not exceed 14 hours in any day and section 18(1) subject to the condition that in lieu of the weekly holiday the employees are given substitute holiday during that week.]
[51	All shipping companies	Section 15.]
[52	Such restaurants or eating houses as are permitted under the rules for licensing and controlling places of public entertainment made under section 33 of the Bombay Police Act, 1951 to remain open upto 11-30 p. m. and such restaurants or eating houses as are granted special permission by the Commissioner of Police, Ahmedabad or the District Magistrates or Sub-Divisional Magistrates to conduct business after 11-00 p. m.	Provision relating to the closing hours in section 19.]
[53	Tea Stalls and Catering Hotels situated on the Railway premises	Sections 25(d) and 32 and Chapter VIII.]
[54	Establishments commonly known as general engineering works wherein the manufacturing process is carried on with the aid of power.	Section 13 (i) so far as closing hours is concerned and section 18.]

	[*********]
	[*********]
[57	Water Works establishment supplying water to the public	Sections 13(1) and 18]
	[*****]
[59	Handloom and power-loom establishment	[Sections 13(1) and 18 subject to the condition that the employees concerned are granted one day holiday in week without making any deductions from their wages on account thereof.]]
	[************]
[61	Such theatres as are permitted under the Bombay Cinema Rules, 1954 to remain [open upto 1-00 A. M.] and such other theatres and places of public amusement or entertainment as are granted special permission by the Commissioner of Police, Ahmedabad or the District Magistrate, to remain open after twelve mid-night.]	Section 26.
[62	Such commercial establishment of licence holders of the Agricultural Produce Markets Committees established under the Bombay Agricultural Produce Markets Act, 1939 (Bombay XXII of 1939) as open not earlier than 7.30 a. m.	Section 13 (1).,]
	[***************]

[64	Vyara Kanpura Electric Co-operative Supply Society Limited, Vyara Cycle stands.	Sections 13 and 18]
[65	Cycle stands	Sections 11 and 18.]
	[***]
	[***]
[68	Poultry Farms	Sections 13, 17 and 18 subject to the condition that the spread-over shall not exceed 12 hours a day and the employees are granted one full day or two half day holidays in a week.]
	[* * *]
	[* * *]
	[* * *]
	[* * *]
	[* * *]
	[* * *]
[75	Bidi makers and wrappers in the establishment manufacturing bidies	Section 18(3).]
[76	Shops dealing in poultry	Section 10, and 18, subject to the conditions that the employees are given one full or two half day holidays in a week without making any deduction from wages on account thereof.]

	[********************]
[78	Establishments maintained in connection with the Petrol Service Stations and Petrol Pumps.	subject to the conditions that the spread over of the work of an employee employed therein shall not exceed; fourteen hours in any day and section 18.]
[78A	Establishments engaged in battery charging or vulcanising work, and situated on a National or State High way.	(a) Sections 10 and 16 subject to the condition that the spread-over of the work of an employee employed therein shall not exceed fourteen hours in any day;
		(b) Section 18 subject to the conditions that the employees are given one day in a week as a holiday without making any deduction from wages on account thereof or are paid over-time wages at the rate prescribed in section 63 for the work done on such weekly holiday.]
[79	Office of the Gujarat Housing Board and offices sub-ordinate to it. Establishments of the Gujarat State Road Transport Corporation.	(a) In respect of all the employees: sections 35, 36, 37 and 62.]
	[***********]

	Offices of the Gujarat Rajya Khadi and Gramodyog Board. Office of the Life Insurance Corporation of India in the State of Gujarat.	(b) In respect of out door staff and watchmen: Sections 13, 14, 15, 17 and 18. Subject to the conditions that the employees concerned are granted wages for overtime work and one day holiday in a week without making any deductions on account thereof from the wages.]
	[*************]
[79B	Establishments of the Gujarat Electricity Board.	(a) In respect of all the employees: sections 35, 36, 37 and 62 subject to the facilities regarding leave with wages available to the employees under the Regulations of the Board shall in no case be less favourable than those provided under sections 35, 36 and 37 this Act.
		(b) In respect of out-door staff and watchmen: Sections 13, 14, 15, 17 and 18. Subject to the conditions that the employees concerned are granted wages for overtime work and one day holiday in a week without making any deductions on account thereof from the wages.]

[79C	Establishments of Banking Industry	In respect of drivers of the vehicles belonging to the establishments of the Banking Industry, Sections 11 (1), 13, 14, 15, 16, 17 and 18 of the Act, subject to the conditions that the employees concerned are granted wages for overtime work and one day holiday in a week without making any deductions on account thereof from the wages.
		In respect of Gardeners section 13 of the Act, r subject to the condition that spread-over shall not exceed eleven hours in any day.]
[79D	Office of the Gujarat Industrial Investment Corporation Ltd Ahmedabad.	(a) In respect of all the employees sections 35, 36, 37 and 62 subject to the condition that the existing leave rules of Gujarat Industrial Investment Corporation, Ahmedabad applicable to its employees shall not be altered to their disadvantage.
		(b) In respect of out door staff and watchmen: section 13, 14, 15, 17 and 18, subject to the conditions that the employees concerned are granted wages for over-time work and one day holiday in a week without making any deductions on account thereof from the wages.]

	[*****************]
[79F	The National Dairy Development Board, Anand.	Sections 10, 11, 13, 17, 19, 37, 62 and 62A subject to the conditions that -
		(i) The spread over shall not exceed 14 hours in any day;
		(ii) The National Dairy Development Board, shall display the registration certificate and shall keep adequate record of attendance hours of work and leave in respect of all the employees.
		(iii) If any employee is required to work for more than the working hours prescribed in section 14, he shall be entitled to overtime wages at the rate prescribed in section 63(1).
		(iv) No female worker shall be detained after 7.00 p. m. without her consent.]
[79G	Gujarat State Warehousing Corporation and its offices in the State of Gujarat.

	(a) In respect of all employees.	Sections 35, 36, 37 and 625 subject to the condition that the existing leave Rules of Gujarat State Warehousing Corporation shall not be altered to their disadvantage.
	(b) In respect of outdoor staff and watchmen.	Sections 513, 14, 15, 17 and 18, subject to the conditions that the employees concerned are granted wages for overtime work in accordance with sub-section (1) of section 63 of the said Act and one day's holiday in a week without making any deduction on account thereof from the wages.]
[79H	Gujarat State Fertilizers Company Limited, Vadodara and it's offices in the State of Gujarat Sections 35, 36, 37 and 62 subject to the condition that the existing leave & Rules of Gujarat State Fertilizers Company Limited, Vadodara, applicable to those employees shall not be altered to their disadvantage.
	(a) In respect of all employees;
	(b) In respect of outdoor staff.	Section 18, subject to the conditions that the employee concerned are granted wages for over-time work in accordance with sub-section 63 of the said Act and one day holiday in week without making any deduction on account thereof from the wages.]

	[***************]
	[***************]
	[a***************]
[85	Shops dealing in pan-bidi- cigarettes, matches and other ancillary articles, at the State Transport Bus Stations	Sections 10, 11 and 16.]
[86	The office of [the Gujarat Electricity Board].	Sections 13, 14 15, 17 and 18 subject to the condition that (i) no employee shall be required or allowed to work for more than five hours before he had a interval of rest of at least half an hour; (ii) the exemption will remain in operation for the period ending on 30th April 1960.
	[***************]

[Note: - [(1) The exemptions from the provisions of section 18 in entries Nos. 7 to 12, 14, 16A, 16B, 19, 23, 24, 25, 27, 29, 31, 36, 37, 40 [342A], 43 45 46, 49, 54, 57, 64, 78, 64, 78, and 86 shall be permissible in the case of such establishments referred to therein as given the employees concerned one day in a week as a holiday and make no deduction from wages on account thereof or pay overtime wages at the rate prescribed in section 63 for the work done on such weekly holidays:]

(2) The exemptions from the provisions of section 24 in entries Nos. 8, 14, 15, 16A, and 16B, and from the provisions of section 31 in entries Nos. 14, 15, 16A and 16B shall be permissible in the case of such establishment referred to therein as pay overtime wages at the rate prescribed in section 63 for the work done on such weekly holidays:]

[89	Shops dealing wholly or principally in preparation and/or sale of sweets and fursan.	[Sections 10, 11, 16 and 18 subject to the following conditions, namely:-]
		(1) Opening and closing hours shall not be earlier than 5 A. M. and later than 11 P.M. respectively.
		(2) No employee shall be required or allowed to commence work earlier than 4.30 A. M. and to work later than 11.30 P. M.
		(3) The spread-over of an employee shall not exceed fourteen hours.]
		[(4) The employees concerned are given one day in a week as a holiday and no deduction from wages is made on account thereof.]

[89A	Shops dealing wholly or principally in preparation and/or of bread and/or biscuits in the State.	Clause (A) of sub-section (1) of section 11 subject to the co condition that no shop or commercial establishment shall on any day be closed later than 11.00 p. m.]
[90	All the Divisional and Branch Offices of the Life Insurance Corporation of India, State of Gujarat.	Sections 14 and 18 subject to the following conditions.-
		(1) The employees shall on account of the loss of the prescribed Holiday be granted either a holiday in exchange or wages for the work done on that day at the rate of wages prescribed for overtime work in section 63(1) of the said At.
		(2) the exemption shall remain in force for a period of one week, commencing on the mid-night of 30th March, 1963.]
[91	Iliac Services Divisions the Head Office of the Ahmedabad Manufacturing and Calico Printing Co. Ltd., Ahmedabad	(i) Section 13 (1) subject to the condition that the exemptions will remain in operation for the period ending [31st March 1979.]
		(ii) If any employee is required to work in excess of limit of hours of week specified in of the said Act, he should be required to do so only after his written consent and in that case he shall be entitled in respect of overtime work which shall be noted in the prescribed register to wages at the rate prescribed in section 53(1) of the said Act.]

[92	Neera Depots or shops selling neera,	Section 10 and 18, subject to the condition that the employees are given one day's holiday in a week without making any deduction from wages on account thereof.]
[93	Stalls in the Balwatika Rankaria, Ahmedabad.	Section 18, subject to the condition that the employees are given one day's holiday in a week without making any deduction from wages on account thereof.]
94	Shri Jain Swetamber Murti Pujak Bhojanshala Panjra Pole, Relief Road, Ahmedabad. Vide G. N., E. & L. D., No. KH-SH/ 126/BSE-1062 (ii) 76-1, dated the 9th March, 1964.	All provisions except sections 35, 36 and 37, subject to the conditions that if an employee is required to work in excess of nine hours in a day, he shall be paid in respect of the over-time work, wages at the rate specified in sub-section (1) of section 63 and that a register for overtime work is maintained by the trustees of the Bhojanshala.
[95	E. D. P. Section of the Ahmedabad Electricity Co., Ltd., Ahmedabad.	Section 13 (1) subject to the condition (i) that the I.C.T. section is closed not later than mid-night, (ii) that no employee is made to work after mid-night, and (iii) that the exemption will remain in operation for the period ending [30th September 1977.]

If any employee is required to work in excess of limit of hours of work, specified in section 14 of the said Act, he should be required to do so only after his written consent and in that case he shall be entitled in respect of overtime work which shall be noted in the prescribed register to wages in section 63(1) of the said Act, etc.]

Banks

Vide G., N., E. & L. D., No. KH-SH-1074/BSE- 1065/54774-T, dated 31st August, 1965.

Provision relating to closing hours in section 13, on the first working day of month and the working day proceeding and succeeding a Public Holiday subject to the condition that the employees concerned are paid in respect of the overtime work wages at the rate specified in sub¬ section (1) of section 63.

Bookstalls at the bus stations of the Gujarat State Road Transport Corporation.

Vide G. N., E. & L. D., No. KH-SH/ 1326/BSE- 1165/67456-T, dated 10th November, 1965.

Sections 10, 11 and 18 subject to the condition that the employees concerned are given one day in a week as a holiday and no deduction from wages is made on account thereof.

98	Bhavnagar Public Weigh Bridge, Bhavnagar. Vide G. N., E. & L.D., No. KH-SH/439/BSE- 1066/29326-T, dated 9th May, 1967.	Section 18 subject to the condition that the employees concerned are given one day in a week as a holiday and no deduction from wages is made on account thereof.
[99	Shops and commercial establishments dealing in stationery and exercise note books or selling and publishing books relating to studies in schools and colleges, in the whole State of Gujarat.	Clause (a) f sub-section (1) of section 11 and clause (1) of section 13 so far as they relate to closing hours and sections 14, 16, 17 and 18 subject to following conditions namely:-
		1. No such shop or commercial establishments shall on any day be closed later than 10 P. M.
		2. If any employee is required to work in excess of the limit of hours of work specified in section 14 of the said Act he shall be entitled in respect of overtime work, which shall be noted in the prescribed register to wages at the rate prescribed in section 63 (1) of the said Act.
		3. The spread-over shall not exceed fourteen hours on any day.
		4. Every employee shall on account of the loss of the prescribed weekly holidays be granted either (i) equal number of additional holiday in exchange for each weekly holiday after 15th July 1975, or
		(ii) wages or the work done on each holiday at the rate of wages prescribed for overtime work in section 63(1) of the said Act
		5. The exemption shall remain in force for the period from 15th June 1975 to 15th July 1975 (both days inclusive)].
100	The Amalgamated Electricity Co. Ltd., Dohad Branch, Dohad Vide G. N., E. & L. D., No. KH/SH-1031/BSC-1067/598. dated 7th October, 1967.	Sections 13 and 18 subject to the condition that the employees are given one day in a week as a holiday without making any deduction from wages on account thereof.
		[Sections 14 and 15 subject to the condition that the employees concerned are granted wages for over-time work as prescribed in section 63(1) of the Act.]
101.	Bunder road Weigh bridge, Bhavnagar, Vide G. N., E. & L.D., No. KH/SH-120/BSE-1067/1028, dated 20th February, 1968.	Section 18 subject to the condition that the employees concerned are given one day in a week as a holiday and no deduction from wages is made on account thereof.
[102	All Shops and such Commercial establishments as sell goods to the public, in the Dwrka Nagar Panchayat area,	[(i) Section-11 and sub-section (1) of section 13 so far as they relate to closing hour subject to the conditions that no shop or commercial establishment shall on any day be closed later than 9-30 p. m.]

		[(ii) Section 18 subject to the conditions that:- (1) every employee shall on account of the loss of the prescribed weekly holiday be granted one day's holiday in a week without making any deduction from wages on account thereof; and (2) a notice in form `M' prescribed under sub- rule (2) of rule 23 of the Gujarat Shops and Establishments Rules, 1962 shall be exhibited in each establishment.]
[103	All Shops and such commercial establishments as sell goods to the public, in the Dakor Nagar Panchayat area,	Section 18, subject to the conditions that:- (i) every employee shall on account of the loss of the prescribed weekly holiday be granted one day's holiday in a week without making any deduction from wages on account thereof; and
		(ii) a notice in form `n' prescribed under sub- rule (2) of rule 23 of the Gujarat Shops and Establishments Rules, 1962 shall be exhibited in each establishments.]
[104	Shops and Commercial Establishments dealing in stationery and exercise note books or selling and publishing books relating to studies in schools and colleges, in the Nadiad Municipal area.	Clause (a) of sub-section (1) of section 11 and clause (1) of section 13 so far as it relates to closing hour and sections 14, 16, 17 and 18 subject to following conditions namely:-
		(1) No such shop or commercial establishment shall on any day be closed later than 10 P. M.
		(2). If any employee is required to work in excess of the limit of hours of work specified in section 14 of the said Act he shall be entitled in respect of overtime work, which shall be noted in the prescribed register to wages at the rate prescribed in section 63 (1) of the said Act.
		(3). The spread-over shall not exceed fourteen hours on any day.
		4. Every employee shall on account of the loss of the prescribed weekly holidays be granted either (i) equal number of holidays in exchange after 15th July 1971, or
		(ii) wages for the work done on each holidays at the rate of wages prescribed for over-time work in section 63 (1) of the said Act
		(5) The exemption shall remain in force for the period from 17th June, 1971 to 15th July 1975 (both days inclusive)].
[105	Shops and Commercial Establishments dealing in stationery and exercise note books or selling and publishing books relating to studies in schools and colleges, in the Limbdi Municipal area.	Section 18, subject to the following conditions namely:-
		(1) every employee shall on account of the loss of the prescribed weekly holidays be granted either:-
		(i) equal number of holidays in exchange after 15th July 1971, or
		(ii) wages for the work done on such holidays at the rate of wages prescribed for overtime work in section 63 (1) of the said Act
		(2) Exemption shall remain in force from 28th June, 1971 to 15th July, 1971 (both days inclusive)].
[106	Shops and commercial establishments dealing in stationery and exercise note books or selling and publishing books relating to studies in schools and colleges, in the whole State of Gujarat.	Section 18, subject to the following conditions namely:-
		(1) every employee shall on account of the loss of the prescribed weekly holidays be granted either:-
		(i) equal number of holidays in exchange after 15th July 1971, or
		(ii) wages for the work done on such holidays at the rate of wages prescribed for overtime work in section 63 (1) of the said Act
		(2) Exemption shall remain in force from 17th June, 1972 to 15th July, 1972 (both days inclusive)].
[[107]	Operation Research Groups, Baroda.	Sections 13, 14, 17 and 18 subject to conditions that:-
		(1) the spread over shall not exceed 12 hours a day.
		(2) the employees are granted one day holiday in a week without making any deductions from wages on account thereof.
		(3) if any employee is required to work more than hours prescribed in section 14, he/she should be paid over-time wages as prescribed in section 63(1) of the Act.
		(4) this exemption will remain in force for a period of one year from the date of this notification.]
[[108]	(1) Dhanlaxmi Market Branch.	Section 13 subject to following conditions:-
	(2) Manek Chowk Branch, and	(1) adequate staff is engaged by the Banker for night service.
	(3) Delhi Chakla Branch, Ahmedabad of the Union Bank of India	(2) if any employee isrequired to work more than hours prescribed in section 14, of the Act, he shall be paid over-time wages at the rate prescribed under section 63(1).]
		(3) no female worker is detained after 7-00 p. m. provided she gives her consent.
[109]	E. D. P. Section of the Gujarat State Co. Op. Land Development Bank Ltd., Ahmedabad.	Sections 13 (1), 14(1), 18(1), and 33 subject to the conditions
		(1) if any employee is required to work in excess of limit of hours of work, specified in section 14 of the said Act, he shall be entitled in respect of overtime work which shall be noted in the prescribed register to wages at the rate prescribed in section 63 (1) of the said Act.]
		(2) the spread-over shall not exceed fourteen hours on any day.
		(3) every employee shall on account of the loss of the prescribed weekly holidays be granted either (i) equal number of holidays in exchange or (ii) wages for the work done on such holidays at the rate of wages prescribed for overtime work in section 63 (1) of the said Act.
		(4) no female worker shall be detained after 7.00 p. m. without her consent.
		(5) This exemption shall remain in operation for a period of one year from the date of this notification.
[[110]	Co-operative Bank of Ahmedabad Ltd., Ashram Road Branch Ahmedabad.	Section 13 (1) subject to following conditions:-
		(1) adequate staff is engaged by the Bank for night service.
		(2) if any employee is required to work more than hours prescribed in section 14, of the Act, he shall be entitled to over- time wages at the rate prescribed under section 63(1).
		(3) no female worker is detained after 7-00 p. m. provided she gives her consent in writing.]
[[111]	State Bank of India, Bhadra, Ahmedabad Data Processing Centre, situated in the Local Head Office, at Bhadra, Ahmedabad.	Section 13 subject to following conditions:-
		(1) no employee is required to work more than prescribed hour.
		(2) no female worker is detained after 7-00 p. m. without her express written consent.
		(3) different employees will be working in different shifts.]
[[112]	Union Bank of India, Ashram Road, C.U. Chambers, Ashram Road, Navjivan P. O., Ahmedabad.	Section 18 subject to the condition that the employees concerned are given one day weekly off on Wednesday for loss of prescribed weekly holiday with wages without any deduction on their account.]
[113]	Rajkot Main Branch, Rajkot, of Union Bank of India.	Section 13 (1) subject to following conditions:-
		(1) Adequate staff is engaged by the Bank for evening service.
		(2) If any employee is required to work more than working hours prescribed in section 14, of the Act, he shall be paid overtime wages at the rate prescribed under section 63 (y).
		(3) No female worker is detained after 7-00 p. m. provided she gives her consent.
[114]	State Bank of India, Station Road, Surat, Evening Branch.	Section 13 (1) subject to following conditions:-
		(1) Adequate staff is engaged by the Bank for evening service.
		(2) If any employee is required to work more than working hours prescribed in section 14, of the Act, he shall be paid overtime wages at the rate prescribed under section 63 (1).
		(3) No female worker is detained after 7-00 p. m. provided she gives her consent.
[115]	Union Bank of India, Rappura Branch at Wakaskar Chamber, Baroda.	Section 13 (1) subject to following conditions:-
		(1) adequate staff is engaged by the Bank for night service.
		(2) if any employee is required to work more than hours prescribed in section 14, of the Act, he shall be paid over-time wages at the rate prescribed under section 63(1).
		(3) no female worker is detained after 7-00 p. m. provided she gives her consent.
[116.	Seva Sadan, Mithapur.	Section 13 and 18 subject to the following conditions:-
		(i) Establishment may open or close at any time but no employee should be allowed to work for more hours than, those prescribed under section 14 of the Act.
		(ii) Weekly off should be fixed for each employee and notice should be kept on the Notice Board and copy thereof should be sent to the Shop Inspector concerned.]
[117.	Computer Cell of the Indian Dairy Corporation, at Baroda, (A Government of India enterprise)	Sections 13, 14, 18 subject to the conditions that-
		(1) If any employee is required to work in excess of the limit of hours of work, specified in section 14 of the said Act, he shall be entitled in respect of overtime work which shall be noted in the prescribed register to wages at the rate prescribed in section 63 (1) of the said Act.]
		(2) The spread over shall not exceed fourteen hours on any day.
		(3) Every employee shall on account of the loss of the prescribed weekly holidays be granted either (a) equal number of holidays in exchange or (b) wages for the work done on such holidays at the rate of wages prescribed for overtime work in section 63 (1) of the said Act.
[118.	Shops and Commercial establishments dealing in stationery and exercise note books and shops and Commercial Establishment, selling and publishing books relating to studies in schools or colleges or both in the whole of the State of Gujarat.	Clause (a) of sub-section (1) of section 11, sub section (1) of section 13 and sections 14, 17 and 18 subject to conditions that:-
		(1) No such shop or commercial establishment shall on any day remain open after 10-00 p. m.
		(2) If any employee is required to work in excess of the limit of hours of work specified in section 14 of the said Act, he shall be entitled to overtime allowances at the rate prescribed under sub-section (1) of section 63 of the said Act which shall be noted in the prescribed register of wages.
		(3). The spread-over shall not exceed fourteen hours on any day.
		4. Every employee shall on account of the loss of the prescribed weekly holidays be granted either-
		(i) equal number of additional holidays in exchange thereof after the 1st August every year, or
		(ii) wages for the work done on each holidays at the rate of wages prescribed under sub- section (1) of section 63 of the said Act, for overtime work.
		(5) The exemption shall remain in force from 15th June, to 31st July, every Year.]
[119	Shops selling flowers in the State of Gujarat.	Clause (a) of sub-section (1) of section 11, subject to the condition that no such shop shall be closed alter than 11.00 p. m.].

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Bombay Shops and Establishments Act, 1948

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