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KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) RULES, 2003

KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) RULES, 2003

[1]THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) RULES, 2003 

PREAMBLE

Whereas, the draft of the following rules further to amend the Karnataka Shops and Commercial Establishments Rules, 1963 which the Government of Karnataka proposes to make in exercise of the powers conferred by Section 40 of the Karnataka Shops and Commercial Establishments Act, 1961 (Karnataka Act 8 of 1962) was published in Notification No. LD 237 LET 2002, dated 3rd April, 2003 in Part IV-A of the Karnataka Gazette, Extraordinary, dated 23rd April, 2003 as required by sub- section (4) of the said Act, inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of its publication in the Official Gazette.

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

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

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

Rule - 1. Title and commencement.-

(1)     These rules may be called the Karnataka Shops and Commercial Establishments (Amendment) Rules, 2003.

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

Rule - 2. Insertion of new Rule 24-B.-

After Rule 24-A of the Karnataka Shops and 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 Technology enabled services under the proviso to Section 25 is delegated by the State 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 application in Form R to the Commissioner for Labour or the Deputy Labour Commissioner having jurisdiction, with the list of women employees willing to work in night shifts. There shall be at least five women employees in one night shift.

(2)     On receipt of the application under sub-rule (1), the Commissioner for Labour or the Deputy Labour Commissioner concerned may, grant exemption in Form S".

Rule - 3. Insertion of new Forms R and S.-

After Form Q of the said Rules, the following new forms shall be inserted, namely.-

"FORM R

[See Rule 24-B(1)]

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 during night shift:

Sl.

No.

Name and residential address of the women employees

Nature of work

Mode of transportation provided

Whether security will be provided at workplace

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

 

 

 

 

 

 

6.       Any other information employer may wish to furnish.

   

Signature of the Employer

________________

FORM S

[See Rule 24-B (2)]

In exercise of the powers conferred on me by the proviso to Section 25 read with Section 37 of the Karnataka Shops and Commercial Establishments Act, 1961 (Karnataka Act 8 of 1962), empowering the undersigned to issue orders under Section 25 of the said Act, I .............. Commissioner of Labour in Karnataka, Bangalore or Deputy Labour Commissioner of the ................... region hereby grant exemption to M/s. ....................... to employ women workers as shown in Form R during night subject to the conditions mentioned below:

Date:

Place:

Signature and seal of the authority

Conditions

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

2.       Transport facilities from the residence to workplace and back shall 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 during night shift.

5.       Sufficient rest rooms, latrines and washing facilities with adequate water supply shall be provided separately for women employees so as to secure privacy.

6.       The establishment should bear the cost of creche facility obtained by the women employees from voluntary or other organisations.

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

8.             Breach of aforesaid conditions attracts withdrawal of exemption granted".



[1] Published in the Karnataka Gazette, Extraordinary No. 1124, dated 20-9-2003, vide Notification No. LD 237 LET 2002, dated 18-9-2003