KARNATAKA
SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) ACT, 1997 THE KARNATAKA SHOPS
AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) ACT, 1997 [Act No. 25 of 1997] [30th September, 1997] An Act
further to amend the Karnataka Shops and Commercial Establishments Act, 1961. Whereas,
it is expedient further to amend the Karnataka Shops and Commercial
Establishments Act, 1961 (Karnataka Act 8 of 1962), for the purposes
hereinafter appearing. Be it
enacted by the Karnataka State Legislature in the Forty-eighth Year of the
Republic of India as follows.-- (1)
This Act may be called the Karnataka Shops
and Commercial Establishments (Amendment) Act, 1997. (2)
It shall come into force from such date as
the State Government may, by notification, appoint. In
Section 2 of the Karnataka Shops and Commercial Establishments Act, 1961
(Karnataka Act 8 of 1962) (hereinafter referred to as the "principal
Act").-- (i)
in clause (b), for the words "twelve
years", the words "fourteen years" shall be substituted; (ii)
in clause (c), for the words "twelfth
year", the words "fourteenth year" shall be substituted. In
Section 4 of the principal Act.-- (1)
in sub-section (4).? (i)
for the words "one year", the words
"five years" shall be substituted, and; (ii)
for the words "from year to year",
the words "before expiry of the period of registration certificate"
shall be substituted; (2)
for sub-section (5), the following
sub-section shall be substituted, namely.-- "(5)
The registration certificate issued or renewed before the commencement of the
Karnataka Shops and Commercial Establishments (Amendment) Act, 1997 shall, on
such commencement, continue to be valid till the expiry of the period of
registration certificate already granted and the employer of every such
establishment shall renew his registration certificate before the expiry of
such period in accordance with sub-section (4)". After
Section 6 of the principal Act, the following shall be inserted, namely.-- "6-A.
Issue of appointment orders.--Every
employer, employing any person in or in connection with his establishment,
shall issue an appointment order in writing indicating the name, designation,
wage scale of such person and terms and conditions of his employment and serve
the same on such person within thirty days from the date of appointment his
establishment: Provided
that in case of employees appointed in any establishment prior to the
commencement of the Karnataka Shops and Commercial Establishments (Amendment)
Act, 1997, the employer of such establishment shall, if he has not yet issued
any appointment order in writing to such employee, communicate in writing to
the employee incorporating therein his name, designation and wage scale and the
terms and conditions of employment and serve the same on him within thirty days
from the date of such commencement". In
Section 7 of the principal Act, in sub-section (2), the words "between the
age of twelve and fifteen" shall be omitted. In
Section 12 of the principal Act, in sub-section (1), after the words
"beginning of the year", the words "or within thirty days from
the date of commencement of establishments, as the case may be" shall be
substituted. In
Section 15 of the principal Act-- (a)
for sub-section (1), the following shall be
substituted, namely.-- "(1) ?Every
employee in an establishment shall be entitled to leave with wages and shall be
allowed to avail such leave for the number of days calculated at the rate of.-- (i)
one day for every twenty days work performed
by him in case of an adult; (ii)
one day for every fifteen days of work
performed by him in case of young person Explanation.--For
the purpose of this sub-section.-- (a)
Any day of lay-off, by agreement or contract
as permissible under the standing order or for any other reasons beyond the
employer's control; (b)
In the case of female employees, maternity
leave for any number of days not exceeding twelve weeks; and (c)
The leave earned in the year prior to that in
which the leave is enjoyed: shall
be deemed to be days on which the employee has worked in an establishment for
the purposes of computation of leave under this section, but the employee shall
not earn leave for that period". (b)
sub-section (2) shall be omitted; (c)
in sub-section (4), the words, figure and
brackets, "or sub-section (2)" shall be omitted; (d)
in sub-section (13), the words, figure,
brackets and punctuation mark "or sub-section (2), as the case may
be" shall be omitted. In
Section 25 of the principal Act, the words, "between the age of twelve and
fifteen" shall be omitted. In
Section 30 of the principal Act.-- (a)
in sub-section (1).-- (i)
after the figure "6", the figure
and letter "6-A" shall be inserted; (ii)
the figure "24" shall be omitted;
and (iii)
for the words "two hundred and fifty
rupees" and "five hundred rupees", the words "one thousand rupees"
and "two thousand rupees" shall respectively be substituted; (b)
?in
sub-section (2), for the words "fifty rupees", the words "two
hundred and fifty rupees" shall be substituted; (c)
after sub-section (2), the following shall be
inserted, namely.-- "(3)
Whoever contravenes the provisions of Section 24, shall be punishable with
imprisonment for a term which shall not be less than three months but which may
extend to six months or with fine which shall not be less than ten thousand
rupees, but which may extend to twenty thousand rupees or with both, for the
first offence and for the second and subsequent offences, he shall be
punishable with imprisonment of a term which shall not be less than six months
but which may extend to one year". In
Section 33 of the principal Act, for the words "two hundred and fifty
rupees", the words "five hundred rupees" shall be substituted. In
Section 39 of the principal Act, in sub-section (3), the words "subject,
in any case to the maximum of six months pay" shall be omitted. In
Section 40 of the principal Act, in sub-section (3), for the words "fifty
rupees", the words "two hundred and fifty rupees", shall be substituted.
Preamble - THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT)
ACT, 1997PREAMBLE