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".