GUJARAT
SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE)
ACT, 2019 THE GUJARAT SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT AND
CONDITIONS OF SERVICE) ACT, 2019 [Act No. 04 of 2019] [07th March, 2019] An Act to
provide for regulation of conditions of employment and other conditions of
service of workers employed in shops and other establishments and for matters
connected therewith or incidental thereto. It is hereby enacted in the
Seventieth Year of the Republic of India as follows:-- (1)
This Act may be called the Gujarat Shops and Establishments
(Regulation of Employment and Conditions of Service) Act, 2019. (2)
It extends to the whole of the State of Gujarat. (3)
The provisions of this Act, except section 7, shall apply to the
shops and establishments employing ten or more workers; and the provisions of
section 7 shall apply to the shops and establishments employing less than ten
workers. (4)
It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint. In this Act, unless the
context otherwise requires,-- (a)
"day" means the period of twenty-four hours beginning at
midnight; (b)
"employer" means a person owning or having control over
the affairs of an establishment, and includes,-- (i)
in the case of a firm or association of individuals, a partner or
member of the firm or association; (ii)
in the case of a company, a director of the company; (iii)
in the case of an establishment owned or controlled by the Central
Government or a State Government or any local authority, the person or persons
appointed to manage the affairs of such establishment by the Central Government
or the State Government or the local authority, as the case may be; (c)
"establishment" means an establishment which carries on,
any business, trade, manufacture or any journalistic or printing work, or
business of banking, insurance, stocks and shares, brokerage or exchange or
profession or any work in connection with, or incidental or ancillary to, any
business, trade or profession or manufacture; and includes,- (i)
establishment of any medical practitioner (including hospital,
dispensary, clinic, polyclinic, maternity home and such others), architect,
engineer, accountant, tax consultant or any other technical or professional
consultant; (ii)
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; (iii)
shop, residential hotel, restaurant, eating house, theatre or
other place of public amusement or entertainment; to whom the provisions of the
Factories Act, 1948 (LXIII of 1948) do not apply; (iv)
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; (d)
"factory" means any premises and the precincts thereof
which is a factory within the meaning of clause (m) of section 2 and section 85
of the Factories Act, 1948 (LXIII of 1948); (e)
"holiday" means a day on which a worker shall be given a
weekly off under the provisions of this Act; (f)
"Inspector" means an Inspector appointed under section
24; (g)
"leave" means a leave mentioned in Chapter IV of this
Act; (h)
"local authority" means,- (i) ???a Municipal Corporation constituted under
the Gujarat Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949); (ii) ???a Municipality constituted under the Gujarat
Municipalities Act, 1963 (Guj. 34 of 1964); (iii) ??a Panchayat constituted under the Gujarat
Panchayats Act, 1993 (Guj. 18 of 1993); (i)
"member of the family of an employer" means the wife,
husband, son, daughter, father, mother, brother or sister of an employer who
lives with and is dependent on such employer; (j)
"opened" means opened for the service of any customer,
or for any business of the establishment, or for work, by or with the help of
any worker of or connected with the establishment; (k)
"prescribed" means prescribed by rules made under this
Act; (l)
"register of establishments" means a register maintained
for the registration of shops and establishments under this Act, either
manually or in electronic format; (m)
"registration certificate" means a certificate of the registration
of a shop or establishment; (n)
"shift" means where work of the same kind is carried out
by two or more sets of workers working during different periods of the day,
each of such sets is called a group or relay and each of such period is called
a shift; (o)
"shop" means any premises where goods are sold, either
by retail or wholesale or where services are rendered to customers, and
includes an office, a store-room, godown, warehouse or work place, whether in
the same premises or otherwise, mainly used in connection with such trade or
business, but does not include a factory; (p)
"spread-over" means the period between the commencement
and the termination of the work of a worker on any day; (q)
"wages" means all remuneration (whether by way of
salary, allowances or otherwise) expressed in terms of money or capable of
being so expressed which would, if the terms of employment, expressed or
implied, were fulfilled, be payable to a person employed in respect of his
employment or of work done in such employment, and includes- (i)
any remuneration payable under any award or settlement between the
parties or under any order of a court or tribunal; (ii)
any remuneration to which the person employed is entitled in
respect of overtime work or holidays or any leave period; (iii)
any additional remuneration payable under the terms of employment; (iv)
any sum which, by reason of the termination of employment of the
person employed, is payable under any law, contract or instrument which
provides for the payment of such sum, whether with or without deductions; (v)
any sum to which the person employed is entitled under any scheme
framed under any law, for the time being in force; and (vi)
house rent allowance payable in cash, but does not include- (a)
any bonus, which does not form part of the remuneration payable
under the terms of employment or which is not payable under any award or
settlement between the parties or under any order of a court; (b)
the value of any accommodation, or of the supply of light, water,
medical attendance or other amenity or of any service excluded from the
computation of wages by a general or special order of the State Government; (c)
any contribution paid by the employer to any pension or provident
fund, and the interest which may have accrued thereon; (d)
any travelling allowance or the value of any travelling
concession; (e)
any sum paid to the employed person to defray special expenses
entailed to him by the nature of his employment; or (f)
any gratuity payable on the termination of employment in cases
other than those specified in sub-clause (iv); (r)
"week" means the period of seven days beginning at
midnight of Saturday; (s)
"worker" means any person including a person engaged
through an outsourcing agency (except an apprentice under the Apprentices Act,
1961 (52 of 1961)) employed to do any manual, unskilled, skilled, technical,
operational or clerical work for hire or reward, whether the terms of
employment be express or implied. (1)
The provisions of this Act shall not apply to,-- (a)
establishments of the Central or the State Government; (b)
establishments of local authorities; (c)
offices of Reserve Bank of India; (d)
a worker whose work is inherently intermittent; (e)
a member of the family of an employer. (2)
A list of the workers referred to in clauses (d) and (e) shall be
displayed at a conspicuous place in the shop or establishment and a copy of
thereof shall be sent to the Inspector. (1)
Notwithstanding anything contained in this Act, the State
Government may, by notification in the Official Gazette, declare any
establishment or class of establishments to which, or any worker or person or
class of workers or persons to whom, this Act or any of the provisions thereof
does not for the time being apply, to bean establishment or class of
establishments or a worker or a person or class of workers or persons to which
or whom this Act or any provisions thereof with such modifications or
adaptations as may in the opinion
of the State Government be necessary shall apply from such date as may be
specified in the notification. (2)
On such declaration under sub-section (1), any such establishment
or class of establishments or such worker or person or class of workers or
persons shall be deemed to be an establishment or class of establishments to
which, or to be a worker or a person or class of workers or persons to whom,
this Act applies and all or any of the provisions of this Act with such
modification or adaptation as may be specified in such declaration, shall apply
to such establishment or class of establishments or to such worker or persons
or class of workers or persons. The State Government may,
by notification in the Official Gazette, suspend the operation of all or any of
the provisions of this Act for such period and subject to such conditions as it
may deem fit on account of any festive or other occasions. (1) Within a
period of sixty days from the date of commencement of this Act or the date on
which any shop or establishment commences its business, the employer of every
shop and establishment shall submit an application in a prescribed form for
registration to the concerned Inspector, together with such fees and such
self-declaration and self-certified documents as may be prescribed: Provided that, nothing
contained hereinabove shall apply to the shops and establishments already
having valid registration under the Gujarat Shops and Establishments Act, 1948
(Bom. LXXIX of 1948) until the expiry of their registration. (2)
On receipt of the application along with the documents and the
fees, the Inspector shall, register the shop or 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 within the
prescribed time limit. The registration certificate shall be produced whenever
it is demanded by the Inspector. (3)
A registration certificate issued under sub-section (2) shall
remain in force from the date of issue till the change in ownership or nature
of business takes place. In case of change in ownership or nature of business,
the employer of every establishment shall have to obtain the fresh registration
certificate. (1) Within a
period of sixty days from the date of the commencement of this Act or the date
on which establishment commences its business, the employer of every
establishment employing less than ten workers shall give an intimation of
having commenced the business to the Inspector in whose jurisdiction the establishment
is located, by submitting online application in the prescribed form together
with such self-declaration and self-certified documents, as may be prescribed,
containing details such as name of the employer and manager, name of the
establishment, nature of business, number of workers and such other details as
may be prescribed. The Inspector shall issue to the employer of such
establishment, a receipt of intimation in such form and manner as may be
prescribed. The details of the intimation receipt shall be recorded online in a
register maintained in such form as may be prescribed: Provided that if at any
point of time the number of workers engaged in the establishment become ten or
more, then all provisions of this Act shall apply to such establishment and the
employer of such establishment shall have to obtain registration as per the
provisions of section 6. Provided that, nothing
contained hereinabove shall apply to the shops and establishments already
having valid registration under the Gujarat Shops and Establishments Act, 1948
(Bom. LXXIX of 1948) until the expiry of their registration. (2) The
employer of such establishment employing less than ten workers shall inform, in
such form and manner as may be prescribed, the Inspector within thirty days from
the date of the closing of the business that such establishment has been closed
for business. The Inspector on receiving the information shall remove the entry
of such establishment from the register of establishments. At any time, if it is found
or brought to the notice of the Inspector that the registration of any shop or
establishment has been obtained by misrepresentation or suppression of material
facts or by submitting false or forged documents or false declaration or by
fraud, the Inspector shall, after giving an opportunity of being heard to the
employer of the shop or establishment, cancel the registration and remove such
shop or establishment from the register of establishments in the manner as may
be prescribed. It shall be the duty of
every employer to inform to the Inspector, in the prescribed form, any change
in any of the particulars contained in the application submitted under section
6 within such period, after the change has taken place, as the State Government
may prescribe. The Inspector shall, on receiving such notice and the prescribed
fees along with the self-declaration of the applicant and self-certified
documents as may be prescribed, make the change in the register of
establishments in accordance with such notice and shall issue a fresh
registration certificate. The employer shall inform,
in such form and in such manner, as may be prescribed, to the Inspector within
thirty days from the date of closing of the business that the shop or
establishment has been closed for business. The Inspector on receiving the
information and on being satisfied about its correctness shall remove the entry
of such shop or 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
any shop or establishment has been closed, he may remove the entry of such shop
or establishment from the register of establishments and cancel such
certificate. (1)
Every employer shall take such measures relating to the health and
safety of the worker including cleanliness, lighting, ventilation and
prevention of fire as may be prescribed. (2)
Every employer shall be responsible for providing constant
adequate supervision of the worker employed in the shop or establishment and to
ensure the compliance with the rules relating to health and safety made under
sub-section (1) and for taking steps necessary to prevent accidents. Subject to the other
provisions of this Act, no worker shall be required or allowed to work in any
shop or establishment for more than nine hours in any day and forty-eight hours
in a week. No worker shall be compelled to work continuously for more than five
hours unless he has been given a break of not less than half an hour: Provided that, the working
hours or weekly holiday may be relaxed in case of work of urgent nature with
the previous permission of the Inspector. (1)
No woman worker shall be discriminated in the matter of recruitment,
training, transfer or promotion or wages. (2)
No woman worker shall be required or allowed to work in any
establishment except between the hours of 6 a.m. and 9 p.m.: Provided that, where the
Inspector or any person, authorized by it in this behalf, is satisfied that the
provisions of shelter, rest room, night creche, ladies toilet, adequate
protection of dignity, honour and safety, protection from sexual harassment,
and their transportation from the shop or establishment to the door step of their residence exists in such
shop or establishment, it may, by order, after obtaining the consent of the
woman worker, allow her to work between 9 p.m. to 6 a.m. subject to such
conditions as may be specified in the order. The spread-over of a worker
in any shop or establishment shall not exceed ten and half hours in any day,
and in case a worker entrusted with intermittent nature of work or urgent work,
the spread-over shall not exceed twelve hours. Where a worker is required
to work in a shop or establishment beyond nine hours a day or forty-eight hours
a week, he shall be entitled, in respect of the overtime work, wages at the
rate of twice his ordinary rate of wages. The total number of overtime hours
shall not exceed one hundred and twenty-five hours in a period of three months. (1)
A department or any section of a department of the shop or
establishment may work in more than one shifts at the discretion of the
employer and if more than one shifts are worked, the worker may be required to
work in any shift at the discretion of the employer. (2)
A shop or establishment may work on all days in a week subject to
the condition that every worker shall be allowed weekly holiday of at least
twenty-four consecutive hours of rest. (3)
If a worker is denied weekly holiday, the compensatory leave in
lieu thereof shall be given within two months of such weekly holiday. (4)
The period and hours of work in a week for all classes of workers
in such shift shall be informed to all workers in writing and shall be sent to
the Inspector electronically or otherwise. (5)
Where a worker is required to work on a day of his rest, he shall
be entitled to wages at the rate of twice his ordinary rate of wages. The employer of a shop or
an establishment shall furnish to every worker an identity card which shall be
produced by the worker on demand by Inspector. Such card shall contain
particulars as may be prescribed. (1) Every
worker shall be allowed a weekly holiday with wages: Provided that the State
Government may, by notification in the Official Gazette, fix different days as
weekly holiday for different classes of shops and establishments or areas. (2)
Every worker shall be entitled to seven days casual leave with
wages in every calendar year which shall be credited into the account of the
worker in the beginning of the calendar year, but it shall lapse if the casual
leave remains un-availed at the end of the year. (3)
Every worker shall be entitled to seven days leave on medical
grounds with wages in every calendar year which shall be credited into the
account of the worker in the beginning of the calendar year, but shall lapse if
un-availed at the end of the year. (4)
Every worker who has worked for a period of two hundred and forty
days or more in a shop or establishment during a calendar year shall be allowed
during the subsequent calendar year, leave with wages for a number of days
calculated at the rate of one day for every twenty days of work performed by
him during the previous calendar year. (5)
Every worker shall be permitted to accumulate earned leave up to a
maximum of sixty-three days. (6)
Where the employer refuses to sanction the leave which is due
under sub-section (4) when applied fifteen days in advance, then the worker
shall have a right to encash leave in excess of sixty-three days: Provided that, if a worker
is entitled to leave other than causal and festival leave under this section,
is discharged by his employer before he has been allowed the leave, or if, having applied for and having been
refused the leave, he quits his employment on account of retirement, resignation,
death or permanent disability, the employer shall pay him full wages for the
period of leave due to him. (7) A worker
shall be entitled to eight paid festival holidays in a calendar year, namely,
the 26th January, 15th August and 2nd October and five such other festival
holidays as may be agreed to between the employer and the workers before the
commencement of the year. On these days, he shall be paid wages at the rate
equivalent to his ordinary rate of wages excluding overtime: Provided that, the employer
may require any worker to work in the shop or establishment on all or any of
these days, subject to the conditions that for such work the worker shall be
paid double the amount of the ordinary rate of wages and also leave on any
other day in lieu of the compulsory holiday. (8)
For the purpose of sub-section (4),-- (a)
any days of lay-off, by agreement or contract or as permissible
under the model standing orders or standing orders certified under provisions
of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946); (b)
in the case of a woman worker, maternity leave under the
provisions of the Maternity Benefits Act, 1961 (53 of 1961); (c)
the leave earned in the year prior to that in which the leave is
availed; or (d)
the absence of the worker due to temporary disablement caused by
an accident arising out of and in the course of his employment, shall be deemed to be days
on which the worker has worked in the shop or establishment for the purpose of
computation of the period of two hundred and forty days or more, but shall not
earn leave for these days. (9)
The leave admissible under sub-section (4) shall be exclusive of
all holidays whether occurring during or either at the end of the period of
leave. (10)
Every worker shall be paid wages for the period of his leave
earned under sub-sections (4) and (5) 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. Every employer shall make
effective arrangements to provide and maintain at suitable points conveniently
situated for all workers employed in the shop or establishment, a sufficient
supply of wholesome drinking water. Every employer shall
provide sufficient latrine and urinal for men and women as may be prescribed
and these shall be so conveniently situated as may be accessible for the
workers employed in the shop or establishment: Provided that, several
employers may provide common facilities of latrines and urinals, in case it is
not possible to provide such facility individually, in a shop or establishment
due to constraint of space or otherwise. In every shop or
establishment wherein thirty or more women workers are employed, there shall be
provided and maintained a suitable room or rooms as creche for the use of
children of such workers: Provided that, if a group
of shops or establishments decide to provide a common creche within a radius of
one kilometer, then, the same shall be permitted by the Inspector by an order,
subject to such conditions as may be specified in the order: Every employer shall
provide at the place of work first-aid facilities as may be prescribed. The employer shall provide
and maintain in the shop or establishment, wherein not less than one hundred
workers are employed or ordinarily employed to maintain a canteen for the use
of its workers: Provided that, if a group
of shops or establishments decide to provide a common canteen, then the same
shall be permitted by the Inspector by an order, subject to such conditions as
may be specified in the order. (1)
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 the supervision of the State Government. (2)
For the areas not having jurisdiction of local authority, the
State Government shall, by notification in the Official Gazette, without the
necessity of giving any further notice or reasons, specify the authorities for
performing the duties of enforcing the provisions of this Act from a date
specified in that notification. From such date, it shall be the duty of such
authorities to enforce the provisions of the Act, subject to the supervision of
the State Government. (3)
For an area within the jurisdiction of a local authority, the
local authority and for other areas, the State Government shall, subject to the
provisions of sub-section (4), appoint as many Inspectors for the purpose of
carrying out the provisions of this Act. (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 by authorities referred to in sub-sections (1) and
(2). (1)
The State Government may make a scheme for inspection of shops and
establishments which may provide for generation of a web based inspection
schedule. (2)
Subject to such conditions as may be prescribed, the Inspector
may, within the local limits for which he is appointed? (i)
advice the employers and workers and provide them such information
as may be considered necessary for complying with the provisions of this Act
effectively; (ii)
inspect the shops or establishments in accordance with the scheme
for inspection referred to in sub-section (3), and may? (a)
enter, at all reasonable time and with such assistants, if any,
being persons in the service of the Government or of any local authority as he
thinks fit, any place which is or which he has reason to believe is a shop or
establishment; (b)
make such examination of the premises and of any prescribed
registers, records and notices, and take on the spot or otherwise evidence of
any persons as he may deem necessary for carrying out the purposes of this Act; (c)
examine any person who is found in any premises of the shop or
establishment and whom, the Inspector has reasonable cause to believe, is a
worker of the shop or establishment; (d)
require any person to give any information, which is in his
possession with respect to the names and addresses of the persons; (e)
search, seize or take copies of such register, record of wages or
notices or portions thereof as he may consider relevant in respect of an
offence under this Act and which he has reason to believe has been committed by
the employer; (f)
bring to the notice of the State Government defects found during
inspection; and (g)
exercise such other powers, as may be prescribed: Provided that, no person
shall be compelled under this section to answer any question or give any
evidence tending to incriminate himself. (3)
Any person required to produce any document or to give any
information required by Inspector shall be deemed to be legally bound to do so
within the meaning of sections 175 and 176 of the Indian Penal Code (45 of
1860). (4)
The provisions of the Code of Criminal Procedure, 1973 (2 of 1974)
shall, so far as may be, apply to the search or seizure under sub-clause (e) of
clause (ii) of sub-section (2) as they apply to the search or seizure made
under the authority of a warrant issued under section 94 of the said Code. (5)
Every Inspector appointed under section 24 shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Code (45 of
1860). (1)
Every employer shall maintain the registers and records, in such
form and in such manner as may be prescribed. (2)
The records may be maintained electronically or manually: Provided that, at the time
of inspection by an Inspector, a hard copy of such records, if demanded, shall
be submitted duly signed by the employer or his representative. (3)
Every employer and in his absence the manager shall, on demand,
produce for inspection of Inspector all registers, records and notices required
to be kept under and for the purposes of this Act. (4)
All such registers and records shall be kept in the premises of
the shop or establishment to which they relate. The employer of a shop or
establishment shall furnish an annual returns, in such a form and in such
manner (including in electronic form), to such authority as may be prescribed. Whoever, found running any
establishment without registration in contravention of the provisions of
section 6 or rules made there under, shall be punishable with penalty of ten
thousand rupees which shall include registration fees: Provided that, on recovery
of penalty along with registration fees, the establishment shall be deemed to
be registered and the registration certificate shall be issued by the
Inspector. Whoever contravenes the
provisions of this Act or the rules made there under shall, if no other penalty
is elsewhere provided by or under this Act for such contravention, be
punishable with fine which may extend to fifty thousand rupees: Provided that, the total
amount of fine shall not exceed two thousand rupees per worker employed. Save as otherwise provided
in this Act, where an employer on being held found guilty of contravention of
any of the provisions of this Act or any rules made there under which has
resulted in an accident causing serious bodily injury or death of a worker, he
shall, on conviction, be punished with imprisonment which may extend to six months
or with fine which shall not be less than twenty-five thousand rupees and which
may be extended to fifty thousand rupees, or with both. (1)
If the person committing an offence under this Act is a company,
the company as well as every person in charge of, and responsible to, the
company for the conduct of its business at the time of the commission of the
offence shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly: (2)
Notwithstanding anything contained in sub section (1), where an
offence under this Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of, or that the
commission of the offence is attributable to any neglect on the part of any
director, manager, managing agent or any other officer of the company, such
director, manager, managing agent or such other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against and
punished accordingly. Explanation. -- For the
purpose of this section,- (a)
"company" means anybody corporate and includes a firm or
other association of individuals; and (b)
"director" in relation to a firm, means a partner in the
firm. (1)
Whoever, willfully obstructs an Inspector in exercise of any
powers conferred on him by or under this Act or refuses or willfully neglects
to afford an inspector any reasonable facility for making any inspection,
examination, inquiry or investigation authorized by or under this Act in
relation to an establishments, shall, on conviction, be punished with fine
which may extend to fifty thousand rupees. (2)
Whoever, willfully refuses to produce on the demand of an
Inspector any register or other document kept in pursuance of this Act or the
rules made there under or prevents or attempts to prevent or does anything
which he has reason to believe to prevent any person from appearing before, or
being examined by, an Inspector acting in pursuance of his duties under this
Act, shall, on
conviction, be punished with fine which may extend to fifty thousand rupees: Provided that, total amount
of fine shall not exceed two thousand rupees per worker employed. (1) No Court
shall take cognizance of any offence punishable under this Act and the rules
made there under unless a complaint in respect thereof is made by the Inspector
within three months from the date on which the alleged commission of the
offence comes to the knowledge of the Inspector: Provided that, where the
offence consists of disobeying a written order made by the Inspector, complaint
thereof may be made within six months from the date on which the offence is
alleged to have been committed. (2)
The court of a Metropolitan Magistrate or a Judicial Magistrate of
the First Class shall try any offence punishable under this Act or the rules
made there under. (3)
Notwithstanding anything contained in Code of Criminal Procedure,
1973 (2 of 1974), a Metropolitan Magistrate or a Judicial Magistrate of the
First Class may impose fine and penalties prescribed under this Act. (1)
Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), any offence punishable under this Act, not being
an offence punishable with imprisonment only, or with imprisonment and also
with fine, may, on an application of the accused person, either before or after
the institution of any prosecution, be compounded by such Officer, as the State
Government may, by notification in the Official Gazette, specify, with fine
provided for such offence, in the manner as may be prescribed. (2) Nothing
contained in sub-section (1) shall apply to an offence committed by a person
for the second time or thereafter within a period of five years from the date? (a)
of commission of a similar offence which was earlier compounded; (b)
of commission of a similar offence for which such person was
earlier convicted. (2)
Every officer referred to in sub-section (1) shall exercise the
powers to compound an offence, subject to the direction, control and
supervision of the State Government. (3)
Every application for the compounding of an offence shall be made
in such form and in such manner as may be prescribed. (4)
Where any offence is compounded before the institution of any
prosecution, no prosecution shall be instituted in relation to such offence, against
the offender in relation to whom the offence is so compounded. (5)
Where the composition of any offence is made after the institution
of any prosecution, such composition shall be brought by the officer referred
to in sub-section (1) in writing, to the notice of the Court in which the
prosecution is pending and on such notice of the composition of the offence
being given, the person against whom the offence is so compounded shall be
discharged. (6)
Any person who fails to comply with an order made by the officer
referred to in sub-section (1), shall be liable to pay a sum equivalent to
twenty percent of the maximum fine provided for the offence, in addition to
such fine. (7)
No offence punishable under the provisions of this Act shall be
compounded except under and in accordance with the provisions of this section. (1)
Notwithstanding anything contained in this Act, any shop or
establishment if situated,- (a)
(i) in Municipal Corporation Area, or (ii) on National Highway,
or (iii) on Railway Platform,
or (iv) at State Roadways bus
station premises, or (v) in Hospital premises,
or (vi) on petrol pumps, may remain open 24 hours on
any day of the week: Provided that, the worker shall be allowed to work in accordance
with the provisions of sections 12, 14, 16 and 18 of this Act; (b) in
Municipality area or on State Highway may be opened except from 2.00 A.M. to
6.00 A.M.: Provided that, the worker
shall be allowed to work in accordance with the provisions of sections 12, 14,
16 and 18 of this Act; (c) in the
areas other than the areas mentioned in clauses (a) and (b) above in district
or on minor road may be opened except from 11.00 P.M. to 6.00 A.M.: Provided that, the worker
shall be allowed to work in accordance with the provisions of sections 12, 14,
16 and 18 of this Act; (2) Notwithstanding
anything contained in sub-section (1), considering the circumstances relating
to traffic, public health, public safety, public nuisance or such other reason
which may affect law and order situation, the hours for opening and closing of
different classes of shops or establishments and for different premises,
shopping complex or mall or for different area or areas and for different
period may be curtailed by such authority as the State Government may, by
notification in the Official Gazette, specify. Nothing in this Act shall
affect any right or privileges which a worker in any shop or establishment is
entitled to at the date of commencement of this Act under any other law,
contract, custom or usage applicable to such shop or establishment or any
award, settlement or agreement binding on the employer and the worker in such
shop or establishment, if such rights or privileges are more favourable to him
than those to which he would be entitled under this Act. (1)
No suit, prosecution or legal proceedings shall lie against any
public servant or any other person, acting under the direction of any such
public servant, for anything which is in good faith done or intended to be done
under this Act or any rule or order made there under. (2)
No suit, prosecution or legal proceedings shall lie against the
Government for any damage caused or likely to be caused by anything which is in
good faith done or intended to be done in pursuance of this Act or any rules or
order made there under. The provisions of this Act
shall be in addition to, and not in derogation of, the provisions of any other
law for the time being in force. (1)
The State Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act. (2)
All rules made under this Act shall be subject to the condition of
previous publication. (3)
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
modifications as the State Legislature may make during the session in which
they are so laid or session immediately following. Any rescission or
modification so made by the State Legislature shall be published in the
Official Gazette, and shall thereupon take effect. (1) If any
difficulty arises in giving effect to the provisions of this Act, the State
Government may, as occasion arises, by an order published in the Official
Gazette, do anything not inconsistent with the provisions of this Act, which
appears to it to be necessary or expedient for the purposes of removing the
difficulty: Provided that, no such
order shall be made after the expiry of the period of two years from the date
of commencement of this Act. (2) Every
order made under sub-section (1) shall be laid, as soon as may be, after it is
made, before the State Legislature. On and from the date of
commencement of this Act, the Gujarat Shops and Establishments Act, 1948 (LXXIX
of 1948) shall stand repealed: Provided that, (a)
every appointment, order, rule, bye-law, regulation, notification,
registration or notice made, issued or given under the provisions of the Act so
repealed shall, in so far as it is not inconsistent with the provisions of this
Act, be deemed to have been made, issued or given under the provisions of this
Act, unless and until superseded by any appointment, order, rule, bye-law,
regulation, notification or notice made, issued or given under this Act; (b)
any proceeding relating to the trial of any offence punishable
under the provisions of the Act so repealed shall be continued and completed as
if the said Act had not been repealed but had continued in operation and any
penalty imposed on such proceedings shall be recovered under the Act so
repealed.
Preamble - GUJARAT SHOPS AND ESTABLISHMENTS (REGULATION OF
EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2019PREAMBLE