In exercise of the powers conferred by section 67 of the
Bombay Shops and Establishments Act, 1948. (Bom. LXXIX of 1948), and in
supersession of the Bombay Shops & Establishment Rules, 1949 and the
Saurashtra Shops and Establishment Rules, 1955, the Government of Gujarat
hereby makes the following rules to carry out the purposes of the Act, namely
:- These rules may be called the Gujarat Shops and
Establishments Rules, 1962. In these rules unless the context otherwise requires :- (a)
"The Act" means the Bombay
Shops and Establishments Act, 1948. (b)
"Form" means a form appended
to these rule; (c)
"Government" means the
Government of Gujarat. (d)
"Schedule" means a schedule
appended to these Rules. (e)
"Section" means a section of
the Act; (f)
Words and expressions used in the Act
and not defined in these rules shall have the meaning assigned to them in the
Act. In respect of the local area specified in the first column
of the appexed table the authority specified against it in the second column of
the said table shall be the prescribed authority, namely :- TABLE Area Authority 1 2 (1) A Municipal Corporation Constituted under section-3 of the Bombay
Provincial Municipal Corporation Act, 1949 The Municipal Commissioner, (2) City of Ahmedabad as constituted under the Bombay Provincial Municipal
Corporation Act, 1949. The Municipal Commissioner, Ahmedabad Municipal Corporation. (3) A Municipal District or Borough. The President of the Municipality. (4) Any other local area. The District Magistrate of the Sub-Divisional Magistrate, having
jurisdiction over the local area. Government may suspend the operation of the provisions of
the Act under section 6 at the time of the following holidays and occasions
namely :- Christmas holidays. Diwali holidays. Pateti holidays. Jamshedi Navroz. Ramzan and Ramzan Id. Ganesh Chaturthi. Any occasion in which a public emergency is declared in
this behalf by Government. Public fairs or exhibitions or religious festivals
recognised in this behalf by Government. Any other occasion deemed by Government in behalf. The statement to be sent by an employer to the Inspector
under sub-section (1) of the section 7 shall be in the Form A and shall be
accompanied by a fee specified in Schedule I. An establishment shall be registered by making entries in
the appropriate Part of the register of establishments in Form B A registration
certificate to be issued to an employer shall be in Form C. Application for renewal of a registration certificate under
sub-section (6) of section 7 shall be in Form D and where the application for
renewal is for a period of one year,[1] it
shall be accompanied by the amount of fees specified in Schedule II. Where the
application for renewal or registration certificate is for a period of two
years, the fee payable shall be twice the amount of fee specified in schedule
II and where the application for renewal of registration certificate is for a
period of three years, the fee payable shall be three times the amount of the
rate specified in schedule II][2] A registration certificate shall be renewed by the
inspector by making entries under his seal and signature with date in the
appropriate Part of the register of establishments in Form B as well as in the
original registration certificate which shall be produced by the holder thereof
for that purpose. If a registration certificate issued under rule 6 or
renewal under rule 8 is lost, destroyed of defaced the employer of the
establishment shall forthwith report the matter to the Inspector by whom the
certificate was issued and shall apply along with a fee of [3][rupees
five] for the issue of duplicate registration certificate or renewal
registration certificate as the case may be. Upon the receipt of such
application and the fee, the Inspector shall furnish the employer a duplicate
copy of the registration certificate or renewal registration certificate, duly
stamped "duplicate" in red. The employer of any establishment shall notify to the
Inspector of the local area concerned in Form E any change in any of the
particulars contained in the Statement sent by him under rule 5 or rule 7
within thirty days after the change has taken place: The notice in Form E shall
be accompanied by fee specified in Schedule III. Provided that any change as respect the total number of
employees shall be notified within fifteen days after the expiry of the quarter
to which the change relates. Explanation : For the purposes of this rule 'quarter' means
a quarter ending 31st March, 30th June, 30th September and 31st December of any
year. (1)
An employee may be required or allowed
to work in a shop or commercial establishment under sub-section (3) of section
14 in excess of the period fixed under sub-section (1) of the said section on
any of the following days in a year for purpose of the making of accounts,
stock taking or settlements, provided such excess period does not exceed twenty
four hours, namely :- The 31st day of March. The 30th day of June. The three days preceding the Vikram samvat, New year day. The 31st day of December : Provided that, in lieu of any day or days mentioned above
the employer may substitute any other day or days, as the case may be, which
shall be intimated to the Inspector at the beginning of the year. (2)
On any of the days mentioned in
sub-rule (1) the operation of the provisions relating to closing hours in
sections 11 and 13 shall be deemed to be suspended. Notice of the intention to require employees in a shop or
commercial establishment to work under sub-section (3) of section 14 in excess
of the period fixed under sub-section (1) of the said section on any day
mentioned in rule shall be given by the employer either in Gujarati, Hindi or
English to the Inspector within whose jurisdiction such establishments is
situated at least 24 hours before such day: Provided that if the employer for reasons beyond his
control is unable to give the requisite notice at least 24 hours before such
day, he shall give the notice on such day. An order fixing the day on which shops and commercial
establishments are to be closed under sub-section (IB) of section 18 shall be
published by Government in the Official Gazette and by the local authority in
any newspaper circulating in the area within its jurisdiction in English, Hindi
or Gujarati. A copy of the order so published shall be caused to be exhibited
on the notice board in the office of the Inspector. The register for entering refusal of leave to be kept under
sub-section (3) of section 35 shall be in Form F and shall be kept in five
parts as follows, namely :- Part I - Shops. Part II - Commercial Establishments. Part III - Residential Hotels. Part IV - Restaurants and Eating Houses. Part V - Theatres and other place of Public Amusement or
Entertainment. In every establishment all the inside walls of the rooms
and all the ceiling and tops of such rooms (whether such walls, ceiling and
tops to be plastered or not) and all the passages and staircases shall be
lime-washed or colour-washed at least once in every two years counted from the
date when they were last lime-washed or colour washed. Where the walls, ceiling
or tops are rendered, in the opinion of the local authority particularly,
unclean, the local authority may require them to be lime-washed or colour
washed earlier than the period specified above. All the beams, rafters, doors,
windows, frames and other wood work with the exception of floor shall be either
painted or varnished once in every seven years counted from the date when they
were painted or varnished and shall be kept in a clean state. The dates on
which lime-washing, colour-washing painting or varnishing is carried out shall
be duly entered in a register maintained in Form G which shall be shown to the
Inspector when required : PROVIDED that the provision of this rule shall not, apply
to :- (i)
rooms used only for the storage of
articles; (ii)
walls or tops of rooms which are made
of galvanised iron, tiles, asbestos sheets or similar material or glazed
bricks; (iii)
any other establishment or parts
thereof in which lime-washing or painting is, in the opinion of the local
authority or Government, as the case may be, unnecessary to satisfy the
requirement of section 39 about estar clea liness. No rubbish, filth or debris shall be allowed to accumulate
or to remain on any premises in an establishment in such position that effluvia
therefore can arise within the establishment. No person shall smoke or use a naked light or cause or
permit any such light to be used, in the immediate vicinity of any inflammable
material in any establishment. A first aid box maintained under section 42-A shall contain
the following equipment together with a book of instructions in first aid,
namely; (i)
3 small sterilised dressings; (ii)
2 medium size sterilised dressings; (iii)
2 large size sterilised dressings; (iv)
2 large size sterilised burn
dressings; (v)
2 (1/2 oz. or grams) packets
sterilised cotton wool; (vi)
1 pair of dressing scissors; (vii)
1 (1 oz. or 25 grams) bottle containing
solution of iodine or mercury chrome; (viii)
1 (1 oz. or 25 grams) bottle
containing solution of solvation having dose and mode of administration
indicated on the lable; (ix)
1 (1 oz. or 25 grams) bottle
containing potassium permanganate crystal. (x)
any antidote for burns. Government may exercise its supervision over the local
authority through the Commissioner of Labour, Ahmedabad and such of the
officers under his as may be authorised by him in that behalf and give such
directions to the local authority as may appear to it to be necessary for the
proper enforcement of the Act. (1)
No person shall be appointed to be an
Inspector under the Act, (a)
in a local area with a population of twenty
five thousand or more, unless he is a graduate of a recognised university and
is able to speak, read and write Gujarati language; and (b)
in any other local area, unless he has
passed the secondary school certificate Examination or an equivalent Examination
or a recognised institution and is able to speak, read and write Gujarati
language. (2)
No person shall be appointed to be an
Inspector under the Act, or having been so appointed, shall continue, to hold
office, if he has or acquires directly or indirectly by himself; or by any
partner, any share or interest in any establishment to which the Act, applies
in the area which he is to or has been appointed ; PROVIDED that nothing in this sub-rule shall apply - (i)
to any person who has been permitted
by the authority competent to appoint him as Inspector to hold or acquire
directly; or indirectly by himself or in the name of any member of his family
living with him or dependent on him, any share, or interest in any registered
co-operative Bank or co-operative society or; in any public limited company, or (ii)
to any person who acquires by
inheritance any share or interest in any firm or business but who is not a
working partner therein. The Inspector shall make such examination of premises and
prescribed registered, records and notices, as may appear to him to be
necessary for the purpose of satisfying himself, that the provisions of the Act
and of these rules and any orders passed by Government or the local authority
under the Act are duly observed. In particular, he shall satisfy himself - (i)
that the establishments are duly
registered under the Act; (ii)
that the registers, records and
notices required to be maintained or displayed under the Act or these rules are
properly maintained or displayed; (iii)
that the intervals of rest and
holidays required to be granted or observed under the Act are granted or
observed and that the limit of hours of work and spread over laid down by or
under the Act are not exceeded; (iv)
that the provisions of the Act any
order issued by Government or the local authority regarding the opening and
closing hours are duly observed; (v)
that the identity cards for employees
in residential hostels, restaurants and eating houses are properly provided; (vi)
that the provisions of the Act and
these rules regarding leave are properly observed; (vii)
that the provisions of the Act and
these rules relating to cleanliness, lighting and precautions against fire are
properly observed; (viii)
that the provisions of the Act
relating to the payment of over time work are duly observed; and (ix)
that no child is allowed to work in
any establishment. The Inspector shall keep a file of the records of his
inspections arranged in monthly bundles & shall submit to the officer of
local authority to whom he is subordinate on the 15th day of each month, a
diary in Form H, showing the work done in the preceding month. A copy of the
said diary shall be retained by the Inspector. (1)
Every employer of a shop or commercial
establishment shall maintain a register of employment in Form I, provided that
where the opening and closing hours are ordinary uniform the employer may
maintain such register in Form J. Every employer of a residential hotel, restaurant, eating
house, theatre or other place of public amusement or entertainment shall
maintain a register of employment in Form K, provided that where the opening
and closing hours are ordinarily uniform the employer may maintain such
register in Form L. (2)
Every employer of a residential hotel,
restaurant, eating house, theatre or other place of public amusement or
entertainment shall exhibit in his establishment a notice in Form M, specifying
the day or days of the week on which his employees shall be given a holiday.
The notice shall be exhibited before the employees to whom it relates cease
work on the Saturday immediately preceding the first week during which it is to
have effect. (3)
The provisions of sub-rule (2) shall
apply mutatis mutandis to every employer or manager of an establishment which
is entitled to exemptions specified in the Note 1 to Schedule II to the Act,
subject to the conditions the employees concerned are given one day in a week
as a holiday and no deductions are made from their wages on account thereof. [4][3-A) Every employer shall maintain an extract from the
register of births relating to the birth of any young person who is required or
allowed to work, whether as an employee or otherwise, in the establishment or
it is not reasonably practicable to maintain such extract, the certificate in
Form-P, issued by a qualified medical practitioner in respect of such a person
shall obtained by the employer". Explanation : For the purposes of this rule and rule 24(1)
"register of births" shall have the same meaning as in the
Registration of Births and Deaths Act, 1969. (2) "qualified medical practitioner" shall have
the same meaning as in the Factories Act, 1948.] (4)
Every employer shall maintain a
register of leave in Form N. (5)
The employer shall provided each
employee with a book called "Leave Book" in Form O, shall kept in
upto-date by making entries therein from time to time. The book shall be the
property of the employee and the employer or his manager or other agent shall
not demand it except make entries therein and shall not kept it for more than a
week at a time, provided that with the consent in writing of an employee whose
wages are not less than Rs. 300 per month, the "Leave Book" may be
kept in the custody of the employer. (6)
If any employee loses his "Leave
Book" the employer shall provide him with another copy on payment of six
naye paise complete it from his record. (7)
Every employer shall exhibition in his
establishment a notice containing such extracts of the Act and these rules in
Gujarati, Hindi or English, as the local authority or Government may direct. (8)
Any notice required to be exhibited
under these rules shall be exhibited in such manner that it can be readily seen
and read by any person whom it affects and shall be replaced whenever it become
defaced or otherwise ceases to be clearly legible. (9)
In any register or record which an
employer is required to maintain under these rules, the entries relating to any
day shall be made on such day and shall be authenticated under the signature of
the employer or the Manager, provided that the entries relating to overtime
work shall be made immediately after completion of such overtime work. (10)
The registers, record and notices
relating to any year shall be preserved until the end of the next year. (11)
If on an application made by an
employer in writing, the local authority or Government as the case may be is
satisfied that any muster roll, register or record maintained by such employer
gives in respect of all or any of the employees in his establishment the
particulars required to be shown in any register, record or notice prescribed
under this rule the local authority or Government as the case may be, order in
writing direct that such muster roll, register or record shall to the
corresponding extent be maintained in place of such register, record or notice
prescribed under this rule is the case may be. (12)
Save as provided in sub-rule (7), all
registers, records, muster rolls and notices required to be maintained, exhibited
or given under this rule shall be either in English or in Gujarati language. (13)
(a) Every employer shall maintain a
visit book in which an Inspector visiting the establishment may, record his
remarks regarding any defects that may come to light at the time of his visit
or give directions regarding the production of any documents required to be
maintained or produced under the provisions of the Act and the rules. (b) Provided that within the limits of the Ahmedabad
Municipal Corporation, Ahmedabad, the visit book shall be a bound book of size
15 cms x 18 cms containing at least 50 pages every fifth pages there of shall
be consecutively numbered and the unnumbered pages between each two
consecutively numbered pages shall have a vertical perforated straight line on
the margin side at a margin of 3 cms. Every page shall contain the following
heading at the top namely :- (1)
Name of the establishment or Employer (2)
Registration number of the
establishment, and (3)
date and time of the visit (c) In case the visit book containing the remarks passed by
an Inspector is lost, the employer shall forthwith report in writing the lost
of the visit book to the Inspector of the area and immediately maintain a new
visit book. (14)
When an office, store-room, godown,
warehouse or work place used in connection with the trade and business of a
shop is situated at premises other than the premises of the shop, all
registers, records, muster rolls, visit books and notice required to be
maintained, exhibited, or given under the Act and these rules shall be
separately so maintained, exhibited or given in respect of and at such office,
store-room, godown, warehouse of work place. An Inspector may require the employer or manager of any
establishment to produce an extract from the register of births relating to the
birth of any person, not being a young person, who is required or allowed to
work in the establishment within such reasonable period (being not less than
five days) or, if it is not reasonably practicable to obtain such an extract, a
certificate in Form-P issued by a qualified medical practitioner in respect of
such person.][5] Every employer shall conspicuously display on the main
entrance of the establishment, a wooden or metal sign-board, painted in oil
colours, of a size which shall not be less than 45 cms, in length and 30 cms,
in breadth containing the name of the establishment and the full name of
proprietor or [6][all
partners] as also the registration number of the establishment written in
Gujarati or English language][7] [1] by Act No. 26 of 2007 for three year then after by Act No.
6 of 2008 "Five year" for renewal. [2] Substituted by G.N.L.S.W & T.T.D. No-KH-L-756
BSE-1178-39478-T (A) dt. 5-9-1979. [3] Sub. by Noti. dated 7-12-1989; G.G. Gaz. Exty., Pt. IV-B,
dt. 7-12-1989, P. 250. [4] Inserted by Noti. No. GHU-89-190-BSE-1088-1051-M (3),
dated 14th June, 1989; Pub. in G. G. Gaz., Exty., Pt. IV-B, dt. 14-6-1989, P.
122. [5] Rule 24, substituted by Noti. dated 14th June, 1989;
Published in G. G. Gaz., Exty., Pt. IV-B, dt. 14-6-1989, P. 122. [6] Sub. by G.N.L & E.D. No kh-R-66-BSE-10 dt 28-1-1983
for the words "one or more partners" [7] Ins. by G.N.L. & E.D. No. K.H.L. 172-1
BSE-1077-105873-T dt 6-3-1980.GUJARAT SHOPS AND ESTABLISHMENTS RULES,
1962
PREAMBLE