Download - Bombay Op Act
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Presented By
Sachin Dhanke
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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 andemployment in shops, commercial establishments, residential
hotels, restaurants, eating houses, theatres, other places of
public amusement or entertainment and other establishments
and for certain other purposes hereinafter specified.
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This law may be called as Bombay Shops and
Establishments Act 1948
This law is applicable in all commercial establishment
like restaurant, hotels, Hospital, grocery shop, salone
etc.
It extends to the whole of the state of Maharashtra.
The first Shop Act of the State was enacted in 1939.
It shall in the first instance come into force in the all
local areas of the state.
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It applies to all local areas specified in Schedule-I
Establishment means any establishment to which theAct applies and any other such establishment to
which the State Government may extend the
provisions of the Act by notification
Employee means a person wholly or principally
employed whether directly or through any agency,
whether for wages or other considerations in
connection with any establishment
Member of the family of an employer means, the
husband, wife, son, daughter, father, mother,
brother or sister and is dependent on such employer
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Form-A or Form-B (as the case may be) {Section 7(2)(a), Rule 5}
Before 15th December of the calendar year, i.e. 15 days before the expirydate
The employer has to submit these forms to the authority notified along
with the old certificate of registration and the renewal fees for minimumone years renewal and maximum of three years renewal
Form-E (Notice of Change) {Rule 8}
Within 15 days after the expiry of the quarter to which the changes relatein respect of total number of employees qualifying for higher fees asprescribed in Schedule-II and in respect of other changes in the originalstatement furnished within 30 days after the change has taken place.(Quarter means quarter ending on 31st March, 30th June, 30th Septemberand 31st December)
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Visit Book
This shall be a bound book of size 7 x 6 containing atleast
100 pages with every second page consecutively numbered,
to be produced to the visiting Inspector on demand. The
columns shall be:
Name of the establishment or Employer
Locality
Registration Number Date and
Time
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Form-A {Rule 5}
Register showing dates of Lime Washing etc
Form-H, Form-J {Rule 20(1)} (if opening & closing hours are ordinarily uniform)
Register of Employment in a Shop or Commercial Establishment
Form-I {Rule 20(3)}, Form-K (if opening & closing hours are ordinarily uniform)
Register of Employment in a Residential Hotel, Restaurant, Eating-House, Theatre, orother places of public amusement or entertainment
Form-M {Rule 20(4)}
Register of Leave This and all the above Registers have to be maintained by theEmployer
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Form 'A': This form is prescribed for registration of the
Establishment under Bombay Shops & Establishment Act, 1948.
Registration is made under Sec 7(1)(4) of the said act.
Form 'B': This is prescribed for the periodical renewal of
registration certificate say for one year or three at a time. Renewal
is made under sec 7(2A) of the Bombay Shops and Establishment
Act
Form 'E': This form is prescribed for making any subsequent change
in the information already submitted in form 'A'.
The Registration Certificate is generally valid up to the end of thecalendar year for which it is granted under Sec. 7(2A) it is required
to get every Registration Certificate renewed for next calendar
year fifteen days before the date of expiry of Registration
Certificate in hand by submitting prescribed form 'B' along with
prescribed renewal fees to the concerned Shop Inspector.
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As per Sec. 7(2B), the renewal of Registration Certificate can be
made for 3 calendar years at a time at the option of the
employer by paying requisite for that period. In such cases the
Registration Certificate shall be valid upto the end of 3rd
calendar year including and from the year to which it is granted
or renewed as the case may be.
If the renewal application is not made within the periodprescribed but it is made within thirty days after the date of
expiry of Registration Certificate or the renewed Registration
Certificate as the case may be, then in such cases an additional
fee as late fee equal to half of the fee payable for normal
renewal of Registration Certificate is charged .
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During the course of enforcement the inspectors have to visit various
establishments and to detect breaches of the provisions of the Act and
rules framed there under and to launch prosecutions on defaulters
accordingly.
The major breaches of the provisions of the Act consist of non-
registration, non-renewal, opening of establishment before prescribed
hours, closing of establishments later than prescribed hours, exceeding
total hours, continuous work without rest interval, spread over, not
granting privilege leave, keeping establishment open on weekly closed
day, calling employees for work on their weekly offs, employing female
employees after prescribed hours, employing child labour, not providing
Identity Cards to certain class of employees, not paying wages as per
rates prescribed under Minimum Wages Act. etc.
The major of breaches of the provisions of rule are of the nature ofprocedural lapses. Viz. Not maintaining prescribed register of
employment, leave register, visit book, lime washing register, not
providing leave book to the employees or not making suitable entries
therein, not producing requisite record register, notices for inspection
on demand, not displaying name board in Marathi in Devnagari Script
etc.
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Generally the following Registers/ records/ notices etc. are to be kept
by the different categories Register of Employment
Employers of Shop or Commercial Establishment ---- In prescribed form
H or J as the case may be. Register of leave in form M Leave Book
in form N Notice in form L specifying the days of holidays. To maintain a Muster-Roll Cum-Wage Register as laid down under Rule
27(1) of Maharashtra Minimum Wages Rules 1963.
Notify to the Sr. Inspector (Shops & Establishments) at the beginning of
the every calendar year regarding list of closed day of the respective
year.
The employer has to provide Identity Cards to the certain class of
employees.
The Employer has to apply for seeking permission to maintain
computerized records
The employer also has to obtain permission for ladies working beyond
8.30 p.m. under Sec 33 of the Act. (However as per the notificationdated June 2002, Government has waived such conditions with respect
to certain class of industries including CALL CENTRES.