now, therefore, in exercise of the powers conferred by

30
R.6KAR, S. & C ESTABLI SHMENTS (AMDT. ) RULES, 198291 And whereas, no obj ecti ons or suggestions were recei ved in respect of the sai d draft rules. Now, theref ore, in exerci se of the powers conferr ed by Secti on 40 of the Karnat aka Shops and Commercial Est ablishment s Act, 1961 ( Karnataka Act 8 of 1962) , the Government of Karnataka hereby makes the foll owing rules, namely. 1.Short ti tle and commencement( 1) These rul es may be call ed the Karnat aka Shops and Commerci al Est ablishment s (Amendment) Rul es, 1982. ( 2) They shall come into f orce at once. 2. Amendment of Rul e 3.In sub- rul e ( 2) of Rul e 3 of the Karnataka Shops and Commer cial Establishments Rul es, 1963 ( hereinafter referred to as the "said Rules"). - (i ) after the wor ds and fi gure "sub-rul e ( 1)", the words, f i gure and letter "and Rul e 3-A" shall be i nser ted; ( i i ) f or the word and l etter "Form' A' , the wor ds and l etters "Form ' A' or Form 'AA' , as the case may be" shall be subst i t uted. 3.I nserti on of new Rul e 3- A. After Rul e 3 of the said rules, the fol l owing new rule shall be inser ted, namely. "3- A. Renewal of r egi stration cert i f i cat e.(1) The regi str at i on cert i f i cat e issued under sub- sect i on ( 2) , Sect ion 4, shal l be r enewed every year before the date of i ts expi ry. The empl oyer of every est abli shment shall send to the Inspector of the area concerned a st atement in dupli cate, i n Form "A" before ninety days fr om the dat e of expiry of such r egi str at i on certif i cate. ( 2) The fees for renewal of t he regi strat i on cert i f i cate shall be the same as the fees specif ied in Schedule I." 4. Amendment of Rul e 4.In Rul e 4 of the sai d rul es, f or the wor d and f i gure "Rule 3", the words, f i gur es and l et ter "Rule 3 or Rul e 3- A" shall be substituted. 5.Amendment of Rule 5.In Rul e 5 of the sai d rul es f or the wor d and f i gure "Rule 3", the wor ds, f i gures and l et ter "Rul e 3 or Rule 3-A" shall be substituted. 6. Insert ion of new Form "AA".After Form ' A' of the sai d rul es, the following shall be inser ted, namel y.

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Page 1: Now, therefore, in exercise of the powers conferred by

R.6KAR, S. & C ESTABLISHMENTS (AMDT.) RULES, 198291

And whereas, no objections or suggestions were received in respect of thesaid draft rules.

Now, therefore, in exercise of the powers conferred by Section 40 of theKarnataka Shops and Commercial Establishments Act, 1961 (Karnataka Act 8of 1962), the Government of Karnataka hereby makes the following rules,namely.—

1.Short title and commencement—(1) These rules may be called theKarnataka Shops and Commercial Establishments (Amendment) Rules,1982.

(2) They shall come into force at once.

2.Amendment of Rule 3.—In sub-rule (2) of Rule 3 of the KarnatakaShops and Commercial Establishments Rules, 1963 (hereinafter referred to asthe "said Rules").-

(i) after the words and figure "sub-rule (1)", the words, figure andletter "and Rule 3-A" shall be inserted;

(ii) for the word and letter "Form'A', the words and letters "Form'A' or Form 'AA', as the case may be" shall be substituted.

3.Insertion of new Rule 3-A.—After Rule 3 of the said rules, thefollowing new rule shall be inserted, namely. —

"3-A. Renewal of registration certificate.—(1) The registrationcertificate issued under sub-section (2), Section 4, shall be renewedevery year before the date of its expiry. The employer of everyestablishment shall send to the Inspector of the area concerned astatement in duplicate, in Form "A" before ninety days from the date ofexpiry of such registration certificate.

(2) The fees for renewal of the registration certificate shall be the same asthe fees specified in Schedule I."

4.Amendment of Rule 4.—In Rule 4 of the said rules, for the word andfigure "Rule 3", the words, figures and letter "Rule 3 or Rule 3-A" shall besubstituted.

5.Amendment of Rule 5.—In Rule 5 of the said rules for the word andfigure "Rule 3", the words, figures and letter "Rule 3 or Rule 3-A" shall besubstituted.

6.Insertion of new Form "AA".—After Form 'A' of the said rules, thefollowing shall be inserted, namely. —

Page 2: Now, therefore, in exercise of the powers conferred by

Date:(Signature of employer)"

For Office use only:

Renewed upto:

7. Substitution of new forms for Form IF and Form 'C—For Form U'and Form 'C of the said rules, the following shall be substituted, namely.—

92KAR, S. t C ESTABLISHMENTS IAMDT.) RULES, 1982

"FORM "AA"[See Rule 3-A]

Statement for renewal of registration certificate

1.Name of the Establishment

2.Original registration certificate No. ofLabour InspectorCircle

3.Postal address and situation of the establishment

4.Name of the employer

5.Residential address of the employer

6.Name of the Manager, if any and his residential address

7.Category of establishment, i.e., whether a shop,commercial establishment, residential hotel, restaurant,eating house, theatre or other place of public amusementor entertainment

8.Nature of business

9.Date of commencement of business

10.Name of members of employer's family employed in theestablishment:

AdultsMenWomenYoung personTotal

11.Name of the persons occupying position ofmanagement or employees engaged in confidentialcapacity (indicate sex and age in case of youngpersons)

12.Total number of employees:

AdultsMenWomenYoung personsTotal

Page 3: Now, therefore, in exercise of the powers conferred by

Office of the Inspector,under the Karnataka Shops andCommercial Establishments Act, 1961

Rs.P.

Registration Certificate of Establishment

"FORM 'C"

[See Rule 4]

Registration No.

Name of Establishment:

Name of the Employer:

Nature of the Business:

Postal address of the Establishment

Number of persons employed:

Registration fee paid:

(15)

Remarks

(14)

Date ofexpiry

(13)

Feespaid forrenewal

(12)

For the year

Date ofrenewal

(11)

Registrationvalidupto

(10)

Total number ofemployees Adult

male, women, youngpersons

^)

Number of otherpersons occupying

position of managementor employees engaged in

confidential capacity

(8)

Number ofmembers ofemployers

family^ Adult,males, women,young persons

P)

Natureof

business

(S)

Name of theestablishment

if any

(5)

Postal addressof the

establishment

(4)

Name ofthe

Managerif any

(3)

Name ofemployer

(2)

RegistrationCertificate

Number withDate

(1)

SI. No.

Register of Establishment

Name of the Place/

No. of Corporation Division/

Municipal Division/Ward

"FORM "B"

[See Rule 4]

KAR. S. t C ESTABLISHMENTS (AMDT.) RULES, 1982R.7

Page 4: Now, therefore, in exercise of the powers conferred by

Published in the KarnataLa Gazette, Extraoidinaiy, dated 20-1.1984, vide NotificationNo. SWL 7 LSC 82, dated 19-1-1984

^THEKARNATAKA

SHOPS AND COMMERCIAL ESTABLISHMENTS(AMENDMENT) RULES, 1984

GSR 27.—Whereas, the draft of the rules further to amend the KarnatakaShops and Commercial Establishments Rules, 1963 was published asrequired by Section 40 of the Kamataka Shops and CommercialEstablishments Act, 1961 (Karnataka Act 8 of 1962) in Notification No. SWL 7LSC 82, dated 17th May, 1983, in the Kamataka Gazette, Extraordinary,dated 17th May, 1983, inviting objections and suggestions from all thepersons likely to be affected thereby on or before 20th June, 1983.

And whereas, the said Gazette was made available to the public on 19thMay, 1983.

And whereas, the objections/suggestions received in respect of the saiddraft notification were considered.

Now, therefore, in exercise of the powers conferred by Section 40 of theKarnataka Shops and Commercial Establishments Act, 1961 (Karnataka Act 8of 1962), the Government of Kamataka makes the following rules, namely. —

1. Title and commencement.—(1) These rules may be called theKarnataka Shops and Commercial Establishments (Amendment) Rules,1984.

(2) They shall come into force at once.

Signature and Seal of the Inspector"

Date of expiryAmount of Feespaid ChallanNo. and Date

No. of personsemployed

Date ofRenewal

For year 19

It is hereby certified that the has been registered as aunder the Karnataka Shops and Commercial Establishments

Act, 1961, thisday of19

The Registration is valid upto

Signature of the Inspector and Seal

Renewal

R.K2)KAR. S. & C ESTABLISHMENTS (AMDT.) RULES, 1984

Page 5: Now, therefore, in exercise of the powers conferred by

R.4KAR. S. ^ C, ESTABUSHMENTS (AMDT.) RULES, 1984M

2.Amendment to Rule 3-A.—In sub-rule (2) of Rule 3-A of the KamatakaShops and Commercial Establishments Rules, 1963 (hereinafter referred to asthe "said Rules"), after the word and figure "Schedule I", the following shallbe inserted, namely.—

"Except for category of establishment at SI. No. 1 for which norenewal fee shall be paid".

3.Insertion of new Rule 4-A.—After Rule 4 of the said rules, thefollowing rule shall be inserted, namely.*—

"4-A. Issue of D^plicate Certificate of Registration.—Where acertificate of registration granted or renewed under Rule 3 or 3-A, is

lost, defaced, or accidentally destroyed a duplicate copy of thecertificate of registration may be granted on payment of a fee of rupeesfive only".

4 Substitution of new schedule for Schedule-L—For Schedule-I appended tothe said rules the Mowing schedule shall be substituted, namely.—

"SCHEDULE-I

(See Rule 3]

SI.Category of EstablishmentFee.No.Rs

1.Shops and Commercial Establishment engaging no5.00employees

2.Shops and Commercial Establishment employing between10.00Iand 10 employees

3.Shops and Commercial Establishment employing between100.00IIand 20 employees

4 Shops and Commercial Establishment employing between250.0021 and 50 employees

5.Shops and Commercial Establishment employing between500.0051 and 100 employees

6.Shops and Commercial Establishment employing more1000.00"than 100 employees

Page 6: Now, therefore, in exercise of the powers conferred by

THEKARNATAKA

SHOPS AND COMMERCIAL ESTABLISHMENTS(AMENDMENT) RULES, 1985

GSR 31.—Whereas, a draft of the following rules further to amend theKamataka Shops and Commercial Establishments Rules, 1963 was published

1.Published in the Kamataka Gazette, Extraordinary, dated 15-1-1985, vide NotificationNo. SWL 4 LSC 84, dated 11-1-1985

2.Published in the Karnataka Gazette, Extraordinary, dated 22-1-1986, vide NotificationNo. SWL 7 LSC 85, dated 20-1-1986

•THEKARNATAKA

SHOPS AND COMMERCIAL ESTABLISHMENTS(AMENDMENT) RULES, 1985

GSR 12.—Whereas, a draft of the following rules further to amend the

Kamataka Shops and Commercial Establishments Rules, 1963 was published inNotification No. SWL 4 LSC 84, dated 30th October, 1984, in Part IV, Section 2-C(i)of the Karnataka Gazette, Extraordinary, dated^31st October, 1984, invitingobjections and suggestions to the said draft from persons likely to be affectedthereby on or before the 3rd Deoembdt, 1984.

And whereas, the said Gazette was made available to the public on the31st day of October, 1984.

And whereas, the objections and suggestions received on the said drafthave been considered.

Now, therefore, in exercise of the powers conferred by Section 40 of theKarnataka Shops and Commercial Establishments Act, 1961 (Kamataka Act 8of 1962), the Government of Kamataka hereby makes the following rules,namely.—

1.Title and commencement—(1) These rules may be called theKamataka Shops and Commercial Establishments (Amendment) Rules,1985.

(2) They shall come into force at once.

2.Insertion of new Rule 24-A.—After Rule 24 of the Kamataka Shopsand Commercial Establishments Rules, 1963, the following rule shall beinserted, namely.—

"24-A. Exhibition of name board.—The name board of everyestablishment shall be in Kannada and wherever other languages are

also used, the versions in such other languages shall be below theKannada version".

KAR. S. & C ESTABLISHMENTS (AMDT.) RULES, 1985

Page 7: Now, therefore, in exercise of the powers conferred by

1. Published in the Kamataka Gazette, Extraordinary, dated 2-9-1998, vide Notification No.LD 37 LSC 97, dated 31-8-1998

THEKARNATAKA

SHOPS AND COMMERCIAL ESTABLISHMENTS(AMENDMENT) RULES, 1998

Whereas, the draft of the following rules further to amend the KamatakaShops and Commercial Establishments Rules, 1963 was published asrequired by Section 40 of the Karnataka Shops and CommercialEstablishments Act, 1961 (Kamataka Act 8 of 1962), in Notification No. LD 37LSC 97, dated 26th June, 1998, in Part IV of Section 2-C(i) of the KamatakaGazette, Extraordinary, dated 16th July, 1998, inviting objections andsuggestions from all persons likely to be affected thereby within thirty daysfrom the date of its publication to the Official Gazette.

And whereas, the said Gazette was made available to the public on 26thJune, 1998.

And whereas, no objections and suggestions have been received by theState Government.

Now, therefore, in exercise of the powers conferred by Section 40 of theKamataka Shops and Commercial Establishments Act, 1961 (Karnataka Act 8

in Notification No. SWL 7 LSC 85, dated 6th November, 1985, in Part IV,Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 6th November,1985, inviting objections and suggestions to the said draft from persons likelyto be affected thereby on or before the 10th December, 1985.

And whereas, the said Gazette was made available to the public on the 6thNovember, 1985.

And whereas, no objections and suggestions are received on the saiddraft.

Now, therefore, in exercise of the powers conferred by Section 40 of theKamataka Shops and Commercial Establishments Act, 1961 (Karnataka Act 8of 1962), the Government of Kamataka hereby makes the following rules,namely. —

1.Short title and commencement—(i) These rules may be called theKarnataka Shops and Commercial Establishments (Amendment) Rules,1985.

(ii) They shall come into force at once.

2.Amendment of Rule 26.—In Rule 26 of the Kamataka Shops andCommercial Establishments Rules, 1963, for the word and figures "20 or 24",the word, figures and letter "20,24 or 24-A" shall be substituted.

KAIL 5.1C ESTABLISHMENTS (AMPT.) RULES, 1998

Page 8: Now, therefore, in exercise of the powers conferred by

^KAR. S. & C ESTABLISHMENTS (AMDT.) RULES, 1998R^

of 1962), the Government of Kamataka hereby makes the following rules,namely. —

1.Title and commencement—(1) These rules may be called theKarnataka Shops and Commercial Establishments (Amendment) Rules,1998.

(2) They shall come into force from the date of their publication in theOfficial Gazette.

2.Amendment of Rule 3-A.—In the Kamataka Shops and CommercialEstablishments Rules, 1963 (hereinafter referred to as the "said Rules"), inRule 3-A, in sub-rule (1), for the words "every year", the words "once in fiveyears" shall be substituted.

3.Amendment of Rule 4-A.—In Rule 4-A of the said rules, for the words

"Rupees Fifteen only", the words "Rupees fifty only" shall be substituted.4.Amend of Rule 8.—In Rule 8 of the said rules, in sub-rule (1), the words

"and make a return to the Inspector concerned in Form 'G' not later than the1st September of the year subsequent to that to which it relates" shall beomitted.

5.Omission of Rules 11,12,13,14, IS and 16.-Rules 11,12,13,14,15 and16 of the said rules shall be omitted.

6.Amendment of Rule 24.—In Rule 24 of the said rules.—

(i) sub-rules (1), (2) and (3) shall be omitted; and

(ii) in sub-rule (5), for the word "English", the word "Kannada"shall be substituted; and

(iii) after sub-rule (9), the following shall be inserted, namely.—

"(9-A) The appointment order issued by the employer under Section6-A shall be in Form 'Q' ".

7.Substitution of Rule 26.—For Rule 26 of the said rules, the followingshall be substituted, namely. —

"26. Penalty for contravention.—Whoever contravenes Rules 8, 9,

17,18,19, 20, 22, 24 and 24-A, shall on conviction, be punishable withfine which shall not be less than one hundred rupees but which mayextend to two hundred and fifty rupees".

8.Substitution of Form 'IP.—Form IP of the said rules, the followingshall be substituted, namely.—

"FORM T3'

[See Rule 5]

1.Name of the Establishment :2.Name of the employer:

Page 9: Now, therefore, in exercise of the powers conferred by

5

Leave at credit(including balance, if

any, on return from leaveon last occasion)

4

Leave earned

3

Total daysworked

2

To

1

From

No. of days worked

Place:

Date:Signature of the Employer."

9. Substitution of Form T'.—Form 'F of the said rules, the followingshall be substituted, namely.—

TORM-F'

lSeeRule8]

Register of Leave with wages

1.SI. No. in the Register of adult/young person:

2.Date of entry into service:

3.Name of the person:

4.Father's/husband's name:

Part I Earned leave

5

Reasons forchanges

(Necessarydocuments shall

be enclosed)

4

Description afterthe changes

3

Presentdescription

2

SI. No. in Form'A'/'AA'

1

SI.No.

3.Postal address:

4.R.C. No.:

Notice is hereby given that the following charges have taken place inrespect of information forwarded to you in Form 'A' or 'AA' which please

note.

KAR. S. & C ESTABLISHMENTS (AMDT.) RULES, 1998R.9

Page 10: Now, therefore, in exercise of the powers conferred by

5

Leave at credit (includingBalance, if any, on return

from leave on lastoccassion)

4

Leave earned

3

Total daysworked

2

To

1

From

No. of days worked

10.Omission of Form 'G\—Form 'G' of the said rules shall be omitted.

11.Substitution of Form W.-For Form 'H' of the said rules, thefollowing shall be substituted, namely.—

"FORMTT

[See Rule 91

Leave with wage book

1.SI. No. in the Register of adult/young person:

2.Date of entry into service:

3.Name of the person:

4.Father's/Husband's name:

5.Address:

Part I Earned leave

4

Balance at the endof the year"

3

Availed

2

at credit

Sick/Accident leave

1

A

Year

Fart II Sick/Accident Leave (with pay)

11

Remarks

10

Date on whichwages for leave

paid and amountpaid

9

Balance onreturn from

leave

8

No. of days

7

To

6

From

Leave availed

KAR. S. & C. ESTABLISHMENTS (AMDT.) RULES, 1998100

Page 11: Now, therefore, in exercise of the powers conferred by

12.Omission of Form T.—Form T of the said rules shall be omitted.13.Omission of Forms 1', 'M', 'N', 'O^-Forms 'V, 1A', 'N', 'O of the

said rules shall be omitted.

14.Insertion of Form 'Q'.—After Fonn V of the said rules, the followingform shall be inserted namely.—

"FORM 'Q'

[See Rule 24(9-A>]Appointment Order

1.Name and address of the Establishment:

2.Name and address of the Employer

3.Name of the Employee

4.His/Her postal address

5.His/Her permanent address

6.Father's/husband's name

7.Date of Birth

8.Date of His/Her entry into employment :

9.Designation10.Nature of work entrusted to him

4

Balance at the endof the year

3

Availed

2

of credit

Sick/Accident Leave

19971998"

1

Year

Part II Sick/Accident leave (with pay)

11

Remarks

10

Date on which wagesfor leave paid and

amount paid

9

Balance onreturn from

leave

8

No. ofdays

7

To

6

From

Leave taken

KAR. S. fc C ESTABLISHMENTS (AMDT.) RULES, 1998R.14

Page 12: Now, therefore, in exercise of the powers conferred by

25,000.00".

12,500.00

6,250.00

2,500.00

250.00

125.00

FeeRs.

Shops and Commercial Establishments employing 100 andabove employees

Shops and Commercial Establishments employing between 50to 99 employees

Shops and Commercial Establishments employing between 20to 49 employees

Shops and Commercial Establishments employing between 10to 19 employees

Shops and Commercial Establishments employing 1 to 9employees

Shops and Commercial Establishments having no employees

Category of Establishment

6.

5.

4.

3.

2.

1.

SI.No.

"SCHEDULE-I

[See Rules 3 and 3-A1

15. Substitution of Schedule-I.—For Schedule-I appended to the saidrules, the following shall be substituted, namely.—

Seal of the Establishment".

Signature of the Employer

Place:

Date:

Acknowledgement by Employeewith date and signature

11.His/Her serial number in theRegister of employment

12.Rates of wages payable to him/her

(i) Basic(ii) VDA(iii) Other allowances if any

Totalt

KAR. S. & C ESTABLISHMENTS (AMDT.) RULES, 1998

Page 13: Now, therefore, in exercise of the powers conferred by

THEKARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS

(AMENDMENT) RULES, 2003Whereas, the draft of the following rules further to amend the Kamataka

Shops and Commercial Establishments Rules, 1963 which the Government ofKamataka proposes to make in exercise of the powers conferred by Section

1.Published in the Karnataka Gazette, dated 12-9-2002, vide Notification No. LD 16KABANI 20010V), dated 6-7-2002

2.Published in the Karnataka Gazette, Extraordinary No. 1124, dated 20-9-2003, videNotification No. LD 237 LET 2002, dated 18-9-2003

^THEKARNATAKA

SHOPS AND COMMERCIAL ESTABLISHMENTS(AMENDMENT) RULES, 2002

Whereas, the draft of the following rules further to amend the KamatakaShops and Commercial Establishments Rules, 1963 was published asrequired by sub-section (1) of Section 40 of the Karnataka Shops andCommercial Establishments Act, 1961 (Central Act 8 of 1962), in NotificationNo. LD 16 KABANI 2001(IV), dated 28th December, 2001 in Part IV-A of theKarnataka Gazette, Extraordinary, dated 4th January, 2002, invitingobjections and suggestions from all persons likely to be affected therebywithin thirty days from the date of its publication in the Official Gazette.

Whereas, the said Gazette was made available to the public on 4-1-2002.

And whereas, no objections and suggestions have been received by theState Government.

Now, therefore, in exercise of the powers conferred by Section 40 of theKarnataka Shops and Commercial Establishments Act, 1961 (Central Act 8 of1962), the Government of Karnataka hereby makes the following rules,namely.—

1 Title and commencement—(1) These rules may be called the Karnataka

Shops and Commercial Establishments (Amendment) Rules, 2002.

(2) They shall come into force from the date of their publication in theOfficial Gazette.

2. Amendment of Rule 3.—In the Karnataka Shops and CommercialEstablishments Rules, 1963, in Rule 3, after sub-rule (1), the followingproviso shall be inserted, namely.—

"Provided that a factory or an Industrial Establishment may use thecombined application form as prescribed under the Karnataka FactoriesRules, 1969 in lieu of Form ^A' under this rule."

KAR. SHOPS & COMMERCIAL ESTABLISHMENTS (A) RULES, 2003

Page 14: Now, therefore, in exercise of the powers conferred by

104KAR. SHOPS Sc COMMERCIAL ESTABLISHMENTS (A) RULES, 2003R.3

40 of the Kamataka Shops and Commercial Establishments Act, 1961(Karnataka Act 8 of 1962) was published in Notification No. LD 237 LET2002, dated 3rd April, 2003 in Part IV-A of the Kamataka Gazette,Extraordinary, dated 23rd April, 2003 as required by sub- section (4) of thesaid Act, inviting objections and suggestions from all persons likely to beaffected thereby within thirty days from the date of its publication in theOfficial Gazette.

And whereas, the said Gazette was made available to the public on 23rdApril, 2003.

And whereas, objections and suggestions received have been consideredby the State Government.

Now, therefore, in exercise of the powers conferred by Section 40 of theKarnataka Shops and Commercial Establishments Act, 1961 (Kamataka Act 8of 1962), the Government of Kamataka hereby makes the following rulesfurther to amend the Kamataka Shops and Commercial EstablishmentsRules, 1963, namely.—

1.Title and commencement—(1) These rules may be called theKarnataka Shops and Commercial Establishments (Amendment) Rules,2003.

(2) They shall come into force from the date of their publication in theOfficial Gazette.

2.Insertion of new Rule 24-B.—After Rule 24-A of the Kamataka Shopsand Commercial Establishments Rules, 1963 (hereinafter referred to as the"said rules"), the following rules shall be inserted, namely.—

"24-B. Exemption under Section 25.—(1) Where power to exempt

establishments of Information Technology or Information Technologyenabled services under the proviso to Section 25 is delegated by theState Government under Section 37 to the Commissioner for Labour,

Bangalore or the Deputy Labour Commissioner having jurisdiction,every employer who intends to seek exemption under Section 25 to

engage women employees during night shift, shall make an applicationin Form R to the Commissioner for Labour or the Deputy Labour

Commissioner having jurisdiction, with the list of women employeeswilling to work in night shifts. There shall be at least five womenemployees in one night shift

(2) On receipt of the application under sub-rule (1), theCommissioner for Labour or the Dep^ty Labour Commissionerconcerned may, grant exemption in Form S".

3.Insertion of new Forms R and S.—After Form Q of the said Rules, thefollowing new forms shall be inserted, namely.—

Page 15: Now, therefore, in exercise of the powers conferred by

Signature and seal of the authority

Date:

Place:

FORMS[See Rule 24-BQ)]

In exercise of the powers conferred on me by the proviso to Section 25read with Section 37 of the Karnataka Shops and Commercial EstablishmentsAct, 1961 (Karnataka Act 8 of 1962), empowering the undersigned to issueorders under Section 25 of the said Act, ICommissioner of Labour inKarnataka, Bangalore or Deputy Labour Commissioner of theregionhereby grant exemption to M/sto employ women workers asshown in Form R during night subject to the conditions mentioned below:

6. Any other information employer may wish to furnish.

Signature of the Employer.

(6)

Remarks

(S)

Whethersecurity will be

provided atworkplace

(4)

Mode oftransporta

tionprovided

(3)

Nature ofwork

(2)

Name and residentialaddress of the women

employees

(1)

slNo.

R.3 KAR. SHOPS fc COMMERCIAL ESTABLISHMENTS (A) RULES, 2003II

"FORMR

[See Rule 24-B(l)l

1.Name and address of the Establishment

2.Name of the Employer/Director

3.Postal address for communication

4.Total number of employees-Men-Women-Total

5.Particulars of women employees who are willing to work duringnight shift:

Page 16: Now, therefore, in exercise of the powers conferred by

'THEKARNATAKA

SHOPS AND COMMERCIAL ESTABLISHMENTS(AMENDMENT) RULES, 2005

Whereas, the draft of the following rules further to amend the KarnatakaShops and Commercial Establishments Rules, 1963, which the Governmentof Karnataka proposes to make in exercise of the powers conferred by Section40 of the Karnataka Shops and Commercial Establishments Act, 1961(Karnataka Act 8 of 1962) was published in Notification No. LD 104 LET2004, dated 14th July, 2005, in Part IV-A of the Karnataka Gazette,Extraordinary, dated 22nd July, 2005 as required by sub-section (4) of thesaid Act, inviting objections and suggestions from all persons likely to beaffected thereby within thirty days from the date of its publication in theOfficial Gazette.

And whereas, the said Gazette was made available to the public on 22ndJuly, 2005.

And whereas, no objections and suggestions have been received from thepublic.

1. Published in the Karnataka Gazette, Extraordinary No. 336, dated 24-3-2006, videNotification No. LD 104 LET 2004(1), dated 1-3-2006

Conditions

1.The regulations stipulated under Sections 7,8,9,10 and 12 of theAct shall continue to apply to the women employees workingduring night shift

2.Transport facilities from the residence to workplace and backshall be provided free of cost and with adequate security.

3.Employment of women employees shall be on rotation basis.

4.Adequate number of security guards shall be posted duringnight shift

5.Sufficient rest rooms, latrines and washing facilities withadequate water supply shall be provided separately for womenemployees so as to secure privacy.

6.The establishment should bear the cost of creche facilityobtained by the women employees from voluntary or otherorganisations.

7.Employer has to notify any change in respect of any informationfurnished in Form R within 15 days.

8.Breach of aforesaid conditions attracts withdrawal of exemptiongranted".

KAR. S.ScC ESTABLISHMENTS (AMDT.) RULES, 2005

Page 17: Now, therefore, in exercise of the powers conferred by

Now, therefore, in exercise of the powers conferred by Section 40 of theKarnataka Shops and Commercial Establishments Act, 1961 (Kamataka Act 8of 1962), the Government of Karnataka hereby makes the following rulesfurther to amend the Karnataka Shops and Commercial EstablishmentsRules, 1963, namely.—

1.Title and commencement.—(1) These rules may be called theKarnataka Shops and Commercial Establishments (Amendment) Rules,2005.

(2) They shall come into force on the date of their publication in theOfficial Gazette.

2.Amendment of Rule 3.—In Rule 3 of the Kamataka Shops andCommercial Establishments Rules, 1963 (hereinafter referred to as the 'saidrules').—

(1) in the proviso to sub-rule (1), after the words "IndustrialEstablishment", the words "or the Commercial Establishments"shall be inserted',

(ii) in sub-rule (2), the words, figures and letters "and Rule 3-A" and"or Form 'AA', as the case may be" shall be omitted.

3.Amendment of Rule 3-A.—In Rule 3-A of the said rules, in sub-rule (1),for the word and letters "Form 'AA'", the word and letter "Form A" shall besubstituted.

4.Amendment of Rule 5.—In Rule 5 of the said rules for the word andletter "Form 'D'", the word and letter "Form 'A' " shall be substituted.

5.Amendment of Rule 24.—In Rule 24 of the said rules, after sub-rule(9-A), the following shall be inserted, namely.—

"(9-B) Every employer shall maintain a combined Muster Roll-cum-

Register of Wages in Form'T in respect of the employees employed inthe establishment:

Provided that where an employer has maintained Form "I", he need

not be required to maintain other Muster Roll or Register of Wagesseparately which contains the same information already available inForm T.

(9-C) Every employer shall send a combined Annual Return in Form'U' to the concerned Inspector on or before 31st January of every year:

Provided that where an employer furnishes annual returns in Form TJ', heneed not furnish any other annual return containing the same information".

6.Amendment of Rule 26.—In Rule 26 of the said rales, after the figure"9", the figures, letters, brackets and words "(9-A), (9-B) and (9-C)", after thefigures and letter "24-A", the figures and letter "24-B" shall be inserted.

KAR. S. & C. ESTABLISHMENTS (AMDT.) RULES, 2005

Page 18: Now, therefore, in exercise of the powers conferred by

4.Nature of Business:

5.Date of commencement of Business :

6.Name of member's of employer's family,

employed in the establishment, indicate therelationship with the employer :

7.No. of employees(Men, Women, Young person, Total) :

(6)

Fax/E-mail

(5)

Tel:[O][R]

(4)

ResidentialAddress

(3)

Desgn.

(2)

Name

(1)

SI.No.

3. Details of the Head of the unit/Authorised signatory/Manager

(6)

Fax/E-mail

(5)

Tel:[O][R]

(4)

ResidentialAddress

(3)

Desgn.(wkg./Non-wkg.)

(2)

Name

(1)

SI.No.

7. Substitution of Form 'A' and Form 'AA'.—For Form 'A' and for Form'AA' of the said rules, the following shall be substituted, namely.—

"FORM 'A'

[See Rules 3,3-A and 51

Combined Application for Registration/Renewal/Any change underKarnataka Shops and Commercial Establishments Act, 1961 and Rulesthereunder

FART A1.Name of the establishment and postal address

Tel: Fax:E-mail

1A. Name of the Head Office, if any with postal address:Tel: Fax:E-mail

2.Details of the Proprietor/Managing Partner/Director(In case of partnership or registered company necessary documents

shall be enclosed)

R.7KAR. S. & C ESTABLISHMENTS (AMDT.) RULES, 2005108

Page 19: Now, therefore, in exercise of the powers conferred by

8. Omission of Form 'D'.—Form 'D' of the said rules shall be omitted.

Signature of Employer/Authorised Signatory

Designation and Seal"

Date:

Place:

I/We hereby certify that the information furnished under Parts A, B and Cof this Combined Application Form, are complete and true to the best ofmy/our knowledge and in case any information proved to be false, I/Wewould be liable for legal consequences thereof.

(5)

Reasons for change(Necessary documents

shall be enclosed)

(*)

Description after thechange

(3)

Presentdescriptio

n

(2)

SI. No. inPart A

(1)

SI.No.

8.Particulars of fees remitted(Receipt/Challan No., Date, Amount) :

9.Notified Weekly Holiday:

PARTBIn case of renewal, the following information shall be furnished in

addition to the information in Part A

Renewal for the years From:To:

Original Registration Certificate No. :

Ward No. and Date of issue/Circle :

PARTCOriginal Registration Certificate No. :

Ward No. and Date of issue/Circle :

The following changes have taken place in respect of information furnishedin Part A

KAR. S. & C. ESTABLISHMENTS CAMPT.) RULES, 2005R. 8

Page 20: Now, therefore, in exercise of the powers conferred by

(8)

Wagesfixed

includingVDA

(7)

PFNo.

ESINo.

(5)

Daleof

foining

Name & address of the employer

(4)

Designation/Department

(3)

Male/Female

(2)

Name of theemployee

Father/Husband

Name

(l)

SI.No.

Month/yearName & address of the Establishment

THEKARNATAKA

SHOPS AND COMMERCIAL ESTABLISHMENTS RULES, 1963

CORRIGENDUMNo. LD104 LET 2004, Bangalore, dated 9th May, 2006

Karnataka Gazette, Extraordinary No. 506, dated 10-5-2006

In the Notification No. LD 104 LET 2004(1), dated 1-3-2006 in which theGovernment of Kamataka published the rules to amend the Karnataka Shopsand Commercial Establishments Rules, 1963 in Special issue of KamatakaGazette, dated 2-3-2006, after SI. No. 8, the following shall be included.-

9. Insertion of Forms "T" and "U".-After Form'S' of the said Rules, thefollowing new forms shall be inserted, namely.—

TORMT'Combined Muster Roll-cum-Register of Wages

[See Rule 2i(9-B)]

in lieu of

1.Forms I and II of Rule 22(4); Form IV of Rule 28(2); Forms V andVII of Rule 29(1) and (5) of the Karnataka Minimum WagesRules, 1958.

2.Form I of Rule 3(1) of the Kamataka Payment of Wages Rules,1963.

3.Form XIII of Rule 75; Forms XV, XVH, XX, XXI, XXII and XXm ofRule 78(l)(a)(i), (ii) and (iii) of the Contract Labour (Regulationand Abolition) (Kamataka) Rules, 1974.

4.Form XIII of Rule 43; Forms XVII, XVffl, XIX, XX, XXI, XXII ofRule 46(2)(a), (c) and (d) of the Inter-State Migrant Workmen(Regulation of Employment and Conditions of Service)Kamataka Rules, 1981.

KAR. S. & C. ESTABLISHMENTS RULES, 1963 (CORRIGENDUM)

Page 21: Now, therefore, in exercise of the powers conferred by

Signature of the employer/Authorised Signatory

(38)

impression

Thumbture/

Signayee

Emplo

(37)

No.ChequeCash/ment

of pay-Mode

(36)

ableFay-Net

(35)

Total

(34)

Others

(33)

Lossges/

Dama-

(32)

Fines

(31)

Adv.Sal.

Deductions

Month/year

(30)

anceInsur

(29)

Society

(28)

IDS

(27)

FT

(26)

FF

(25)

ESI

(24)

Total

(23)

Subsistence

allowance if

any

(22)

Others

(21)

Maternity

Benefit

(20)

NFH

(19)

OT

(18)(17)

Attendance

Bonus

(16)

Med.Allo

wance

(15)

Conveyance

(14)

HRA

(13)

DAIVDA

(12)

Basic

Earned wages and other allowances

Month/year

(11)

TotalOT

hoursworked

(10)

No. ofpayable

days

(9)

16

31

15

30

14

please mention the date of suspension of employees, if an]

29

13

28

12

27

11

26

10

25

9

24

8

23

7

22

6

21

5

20

4

19

3

IS

2

17

1

Attendance

R. 9KAR. S. & C ESTABLISHMENTS RULES, 1963 (CORRIGENDUM)Ml

Page 22: Now, therefore, in exercise of the powers conferred by

(6)

E-mail

(5)

Mobile

(4)

Telephone(O)(R)

(3)

ResidentialAddress

(2)

Designation

U)

Name

4. Name and Residential Address of the Manager/Authorisedsignatory:

(6)

E-mail

(5)

Mobile

(4)

Telephone(O)(R)

(3)

ResidentialAddress

(2)

Designation

(1)

Name

Registered office/Head Office

Name and Residential Address of the Employer or a personresponsible for Conduct and Control of the Business:

FORM IS'COMBINED ANNUAL RETURN

[See Rule 24(9-C) of the Karnataka Shops and Commercial EstablishmentsRules, 19631

in lieu of

1.Form XXV of Rule 82(2) of the Contract Labour (Regulation andAbolition) (Karnataka) Rules, 1974.

2.Form III of Rule 22(4) of the Kamataka Minimum Wages Rules,1958.

3.Form XX of Rule 20(1) of the Kamataka Payment of WagesRules, 1963.

4.Form L of Rule 16 of the Kamataka Maternity Benefit Rules,1963.

Name of the Establishment.

Full Postal Address

Location Address Telephone Fax E-mail

Establishment

I.

2.

1.

2.

KAR. S. & C. ESTABLISHMENTS RULES, 1963 (CORRIGENDUM)

Page 23: Now, therefore, in exercise of the powers conferred by

Whether the following welfare measures are provided?

(1)CanteenYes/No/Not applicable

(2)CrechesYes/No/Not applicable

(5)

No. of employeespaid wages/salary

in lieu of earnedleave

(4)

No. ofemployees

availed/grantedearned leave

<3>

No. ofemployeeseligible for

earned leave

(2)

Total No. ofpersons

employed

(ii) Women

(i)Men

(1)

Category ofemployees

7. Particulars of Earned Leave with Wages:

(4)

Amount ofsubsistence

allowance paid

(3)

No. ofemployeessuspended

during ^ie year

(2)

Amount ofcompensation

paid

(1)

No. of employees discharged/dismissed/terminated/retrenche

d/resigned/retired during theyear

6-B. No. of employees whose employment is ceased:

(10)

TotalAmount of

salary/wages paidincluding

O.T. wagesand

allowances

P)

Total

(8)

Women

P)

Men

No. of man hours workedincluding O.T. during the

year

(6)

Total

(5)

Women

(4)

Men

No. of man days workedduring the year

P)

No. ofdays

worked

(2)

No. ofpersons onRoll as on31-12-200..(at the endof the year)

0)

No. ofpersons

on Roll ason

1-1-200..(begin-ningof

the year)

113R-9KAHS.ScG ESTABLISHMENTS RULES, 1963 (CORRIGENDUM)

5. Nature of business of the establishment

6-A. Particulars of employment

Page 24: Now, therefore, in exercise of the powers conferred by

Total amount of deductionmade

No. of employees involved

(iii) Breach of Contract

(ii) Damages/Loss

(i) Fines

10. Particulars of deductions made from salary (wages)

Total benefitpaid in rupees

No. of claimsrejected

No. of leavessanctioned

No. of claimsreceived

Medical Bonus

Illness

Miscarriage

Confinement

Item

9-C. Maternity Benefit paid:

Leave rejectedLeave sanctionedNo. of womenapplied for leave

Illness (additional leaveunder Section 10)

Miscarriage

Item

9-B. Leave/additional leave details:

No. of women workers died(a) Before delivery(b) After delivery

No. of women workers for whom prenatal confinementand post-natal confinement is provided by the employerwith free of cost

No. of women workers discharged/dismissed in the last12 months

Total No. of women workers who worked for a period of160 days in the last 12 months immediately preceding thedate of delivery

4.

3.

2.

1.

Yes/No/Not applicable(4) Transport facility9.Maternity Benefits.

9-A. Particulars of Maternity Benefits:

KAR. S. & C ESTABLISHMENTS RULES, 1963 (CORRIGENDUM)

(3) Shelters, Rest roomsand Lunch roomsYes/No/Not applicable

Page 25: Now, therefore, in exercise of the powers conferred by

THEKARNATAKA

SHOPS AND COMMERCIAL ESTABLISHMENTS(AMENDMENT) RULES, 2007

Whereas, the draft of the following rules further to amend the KarnatakaShops and Commercial Establishments Rules, 1963, which the Governmentof Kamataka propose to make in exercise of the powers conferred bysub-section (1) of Section 40 of the Kamataka Shops and CommercialEstablishments Act, 1961 (Kamataka Act 8 of 1962) was published inNotification No. LD 336 LET 2005, dated 18th September, 2006, in Part IV-Aof the Karnataka Gazette, Extraordinary , dated 19th September, 2006 asrequired by sub-section (4) of the said Act inviting objections andsuggestions from all persons likely to be affected thereby within thirty daysfrom the date of its publication in the Official Gazette.

1. Published in the Kamataka Gazette, dated 22-3-2007, vide Notification No. LD 336 LET2005, dated 6-3-2007

Signature of employer/Manager/Authorised signatory

Name (IN CAPITALS)Designation]."

Date:

Place:

Certified that the information furnished above to the best of myknowledge and belief, is correct.

(7)

No. of mandays

worked

(6)

No. ofdays

worked

(5)

No. ofcontract

workmenemployed

Total

(4)

Natureof work

(3)

To

(2)

From

Period ofcontract

a)

Names andaddress of

thecontractors

Contract Labour:11.

Total

(iv) Others

KAR. S. & G BSTABUSHMENTS (AMDT.) RULES, 2007R.9

Page 26: Now, therefore, in exercise of the powers conferred by

116KAR. S. & G ESTABLISHMENTS (AMDTJ RULES, 2007R^

And whereas, the said Gazette was made available to the public on 19thSeptember, 2006.

And whereas, objections and suggestions received have been consideredby the State Government.

Now, therefore, in exercise of the powers conferred by Section 40 of theKarnataka Shops and Commercial Establishments Act, 1961 (Kamataka Act 8of 1962), the Government of Kamataka hereby makes the following rulesfurther to amend the Karnataka Shops and Commercial EstablishmentsRules, 1963, namely. -

1.Title and commencement—(1) These rules may be called theKarnataka Shops and Commercial Establishments (Amendment) Rules,2007.

(2) They shall come into force from the date of their publication in theOfficial Gazette.

2.Amendment of Form'S'.—In Form'S' prescribed under Rule 24-B(2) ofthe Karnataka Shops and Commercial Establishments Rules, 1963.—

(i) after Condition (7), the following new conditions shall beinserted, namely.—

"(8) The Company shall obtain bio-data of each driver andconduct pre-employment screening of the antecedents of alldrivers employed on their own. As regards the driversemployed through out sourcing, the company shall ensure

to its satisfaction that the collection of bio-data andpre-employment screening of the antecedents of the drivers

is carried out by the service provider;

(9) The Schedule of route of the pick up and drop shall bedecided by the supervisory office of the company only. Incase of exigencies, change of drivers/routes/shifts shall be

allowed only with the prior knowledge of supervisoryofficers/employees;

(10)The telephone number, particularly Mobile Phone numbersand addresses of the women employees shall not bedisclosed to unauthorised persons;

(11)Careful selection of routes shall be made in such a way thatordinarily no women employees shall be picked up first anddropped last;

(12)The company shall provide security guards at work placeand for night shift vehicles when women employees are

being picked up first or dropped last;

Page 27: Now, therefore, in exercise of the powers conferred by

THEKARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS

(AMENDMENT) RULES, 2008Whereas, the draft of the following rules further to amend the Karnataka

Shops and Commercial Establishments Rules, 1963 was published asrequired by Section 40 of the Karnataka Shops and CommercialEstablishments Act, 1961 (Karnataka Act 8 of 1962), in Notification No. LD324 LET 2008, dated 25-1-2008, in Part IV-A of the Karnataka Gazette,Extraordinary, dated 25-10-2008, inviting objections and suggestions from allpersons likely to be affected thereby within thirty days from the date of itspublication in the Official Gazette.

And whereas, the said Gazette was made available to the public on 25thOctober, 2008.

And whereas, no objections and suggestions have been received in

respect of the said draft by the State Government.

Now, therefore, in exercise of the powers conferred by Section 40 of theKarnataka Shops and Commercial Establishments Act, 1961 (Karnataka Act 8 of1962), the Government of Karnataka hereby makes the following rules, namely. —

1.Title and commencement.—(1) These rules may be called the KarnatakaShops and Commercial Establishments (Amendment) Rules, 2008.

(2) They shall come into force from the date of their publication in theOfficial Gazette.

2.Substitution of Rule 24-A.—In the Karnataka Shops and CommercialEstablishments Rules, 1963 (thereinafter referred to as foe 'said rules'), forRule 24-A, foe following shall be substituted, namely.—

"24-A. Exhibition of name Board.—The name Board of everyestablishment shall be in Kannada and wherever other languages are

also used, foe versions in such other languages shall be below foeKannada version. The hame Board in Kannada version shall be written

more predominantly by providing more space than for other languages,if any".

1. Published in the Karnataka Gazette, Extraordinary No. 1370, dated 31-12-2008, videNotification No. LD 324 LET 2008, dated 31-12-2008

KAR.S.&C ESTABLISHMENTS (AMPTJ RULES, 2008117

(13)The designated supervisors of the company/serviceproviders may randomly check the vehicles on variousroutes as far as possible;

(14)Company shall have a control room/travel desk formonitoring vehicle movements".

(ii) Condition (8) shall be renumbered as Condition (15).

Page 28: Now, therefore, in exercise of the powers conferred by

Published in the Karnataka Gazette, Extraordinary No. 447, dated 22-4-2010, videNotification No. LD 10 LET 2009, dated 22-4-2010

THEKARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS

(AMENDMENT) RULES, 2010Whereas, the draft of the following rules further to amend the Karnataka

Shops and Commercial Establishments Rules, 1963, which the Governmentof Karnataka proposes to make in exercise of the powers conferred by Section40 of the Karnataka Shops and Commercial Establishments Act, 1961(Karnataka Act 8 of 1962) was published in Notification No. LD10 LET 2009,dated 7-12-2009, in Part IV-A of the Karnataka Gazette, Extraordinary, dated7-12-2009 as required by sub-section (4) of the said Act, inviting objectionsand suggestions from all persons likely to be affected thereby within 30 daysfrom the date of its publication in the Official Gazette.

And whereas, the said Gazette was made available to the public on

7-12-2009.

And whereas, no objections or suggestions have been received from the

publicNow, therefore, in exercise of the powers conferred by Section 40 of die Karnataka

Shops and Commercial Establishments Act 1961 (Karnataka Act 8 of 1962), theGovernment of Karnataka hereby makes the following rules further to amend theKarnataka Slops and Commercial Establishments Rules, 1963, namely.—

1.Title and commencement—(1) These rules may be called the KarnatakaShops and Commercial Establishments (Amendment) Rules, 2010.

(2) They shall come into force at once.

2.Substitution of Schedule I.—In the Karnataka Shops and CommercialEstablishments Rules, 1963, for Schedule I, the following shall be substituted,namely.—

3. Substitution of Rule 26.—For Rule 26 of the said rules, the followingshall be substituted, namely.—

"26. Penalty for contravention.—Whoever contravenes Rules 8, 9,9-A, 9-B, 9-C, 17, 18, 19, 20, 22, 24 and 24-B shall on conviction, be

punishable with fine which shall not be less than five hundred rupeesbut which may extend to one thousand rupees and whoevercontravenes Rule 24-A shall on conviction, be punishable with fine of

ten thousand rupees and for each continued offence be punishable with

fine which shall not be less than ten thousand rupees".

KAR. S. & C. ESTABLISHMENTS (AMDT.) RULES, 2010

Page 29: Now, therefore, in exercise of the powers conferred by

50,000.00"

45,000.00

35,000.00

30,000.00

15,000.00

8,000.00

3,000.00

500.00

250.00

Fees(Rs.)

Shops and Commercial Establishment having above 1,000 toemployees

Shops and Commercial Establishment having 501 to 1,000employees

Shops and Commercial Establishment having 251 to 500 employees

Shops and Commercial Establishment having 100 to 250employees

Shops and Commercial Establishment having 50 to 99 employees

Shops and Commercial Establishment having 20 to 49 employees

Shops and Commercial Establishment having 10 to 19 employees

Shops and Commercial Establishment having 1 to 9 employees

Shops and Commercial Establishment having Nil employees

Category of establishment

9.

8.

7.

6.

5.

4.

3.

2.

1.

SI.No.

"SCHEDULE I[See Rules 3 and 3-A]

KAR. S. & C. ESTABLISHMENTS (AMDT.) RULES, 2010R.2

Page 30: Now, therefore, in exercise of the powers conferred by