In exercise of the powers conferred by
sub-section (1) of 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, the draft of the same having been published
as required by sub-section (4) of the said section in the Karnataka Gazette,
dated the 16th May, 1963, in Notification No. PLM 82 LSC 61, dated the 10th
May, 1963, namely:- These rules may be called the Karnataka Shops
and Commercial Establishments Rides, 1963. In these rules, unless the context otherwise
requires. (a)
"Act" means the
Karnataka Shops and Commercial Establishments Act, 1961 ; (b)
"Form" means a
form appended to these rules; (c)
"Government" means
the Government of Karnataka; (d)
"Schedule" means
the 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 meanings assigned to
them in the Act. (1)
Within the period specified
in sub-section (3) of Section 4 OF THE Karnataka Shops and Commercial
Establishments Act, 1961 , the employer of every establishment shall send to
the Inspector of the area concerned a statement in Form "A" together
with the fees specified in Schedule I. (2)
The fees payable under
sub-rule (1) [1][and
Rule 3A] shall be paid into the local Treasury under the Head of Account
"XXI-Miscellaneous-b-Labour" and the receipt obtained therefor shall
be sent along with [Form "A" or Form "AA", as the case may
be.] (1)
[2]The
Registration Certificate issued under sub-section (2) of Section 4 OF THE Karnataka
Shops and Commercial Establishments Act, 1961 , shall be renewed [3][once
in five years] before the date of its expiry. The employer of every
establishment shall send to the Inspector of the area concerned a statement in
duplicate, in Form "AA" before ninety days from the date of expiry of
such registration certificate. (2)
The fees for renewal of the
Registration Certificate shall be the same as the fees specified in Schedule
I.] [4][x
x x x x]. On receipt of the statement and the fees
prescribed in [5][Rule
3 or Rule 3A], the Inspector shall after being satisfied about the correctness
of the statement, register the establishment in the register of establishments
which shall be in Form "B" and shall issue a Registration Certificate
to the employer in Form "C". [6]Where
a certificate of registration granted or renewed under Rule 3 or Rule 3A, is
lost, defaced, or accidentally destroyed a duplicate copy of the certificate of
registration may be granted on payment of a fee of [7][rupees
fifty only.] The employer shall notify to the Inspector
concerned any change in respect of any information contained in his statement
under [8][Rule
3 or Rule 3A] in Form "D" within 15 days after the change has taken
place. (1)
The cash equivalent of the
advantage accruing through the concessional (2)
For the purpose of cash
equivalent monthly average market rate of foodgrains and other articles shall
be as computed by the Department of Labour. (1)
Before issuing a
notification under sub-section (1) of Section 11 OF THE Karnataka Shops and
Commercial Establishments Act, 1961 , the Government shall make an enquiry
under sub-section (2) of Section 11 OF THE Karnataka Shops and Commercial
Establishments Act, 1961 in the manner specified in the following sub-rules. (2)
The Government shall give
notice of its intention to pass such order. The notice shall be in Form
"E" and shall, unless a copy of the order proposed to be passed is
annexed to it, specify the area and the establishment or establishments or
class or classes of establishments to which the order shall apply the hours of
opening or the hours of closing or both, which are proposed to be fixed and the
days in respect of which such hours are so proposed to be fixed. The Notice
shall also state that objections and suggestions with respect to such orders,
if any, may be sent to the officer mentioned in the notice within one month
from the date of such notice. (3)
The notice shall be
published in the Official Gazette and the copies of the notice shall be affixed
at such public places in the area to which the order is proposed to be applied
as the State Government may deem fit. Copies of the notice shall be sent to the
local authority in whose jurisdiction such area is situated and to such
associations or organisations as the State Government may deem fit. The notice
shall also be published in at least one newspaper having circulation in such
area. (4)
The State Government shall
consider all objections and suggestions received by them before issuing the
notification under sub-section (1) of Section 11 OF THE Karnataka Shops and
Commercial Establishments Act, 1961 . (1)
The employer shall maintain
a leave with Wages Register in Form "F" [9][x
x x x x] Provided that where the Inspector is of the opinion that any
muster-roll or register maintained as part of the routine of the establishment
or return made by the employer given in respect of any or all of the persons
employed in the establishment the particulars for the enforcement of Chapter IV
of the Act, he may, by order in writing direct that such muster-roll or
register or return shall, to the. (2)
The register maintained under
sub-rule (1) shall be preserved for a period of three years after the last
entry in it and shall be produced before the Inspector on demand. (1)
The employer shall provide
each employee with a book called the "Leave with wages book" in Form
"H". The book shall be the property of the employee and entries of
the dates of holidays or interruptions in service shall be made therein by the
employer from rime to time. The employer shall not keep it for more than 10
days at a time to make the entries. (2)
The employer shall on being
satisfied that the employee has lost his leave with wages book provide him with
a duplicate thereof on payment of 25 paise. If so required by the employer in writing the
employee shall submit a Medical Certificate signed by a registered or
recognised Medical Practitioner. Vaidya or Hakim stating the cause of the
absence and the period for which the employee is, in his opinion, unable to
attend to his work. [10][x
x x x x] [x x x x x] [x x x x x] [X X X X X] [X X X X X] [X X X X X] The latrines, passages, stairs, hoists,
establishment grounds, in so far as the entrance of the said places is not
closed, shall during working hours be provided with such lighting as will
ensure safety of movement or passage through them. Every building of more than one storey shall
be provided with at least two sets of stairs or steps permanently fixed either
inside or outside the building, so as to afford direct and unimpeded access
from every part of the establishment to the ground level. Such stairs shall be
provided with a suitable and sufficient handrail or other convenient support.
In establishments employing less than 40 persons, the Inspector may accept in
lieu of a second set of stairs or steps such other means of escape in case of
fire as can reasonably be required in the circumstances of each case. Every window or door giving access to an
external staircase shall be so arranged as to open immediately from inside. 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. (1)
The Inspector shall make
such examination 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
order passed by Government under the Act are duly observed. In particular he
shall satisfy himself (i)
that the establishment is
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 and
observed and the limits of hours of work and spread-over laid down under the
Act are granted and observed and the limits of hours of work and spread-over
laid down under the Act are not exceeded; (iv)
that the provisions of the
Act and any notification issued by the Government regarding the opening and
closing hours are duly observed; (v)
that the provisions of the
Act and the rules regarding leave are properly observed; (vi)
that the provisions of these
rules relating to cleanliness, lighting and precaution against fire are
properly observed; (vii)
that the provisions of the
Act relating to the payment for overtime work are duly observed; (viii)
that no child is allowed to
work in any establishment. (2)
For carrying out such
examination, the Inspector may interrogate such persons on the premises as he
may deem necessary provided that no such person shall be required under this
rule, to answer any question, the answer to which might tend to incriminate
him. [11]An
Inspector shall obtain the prior approval of the Chief Inspector [12][or
any other officer not below the rank of an Assistant Labour Commissioner
specially authorised by him in this behalf] before making a complaint in
respect of an offence punishable under the Act, rules or orders made
thereunder. An Inspector may require an employer to
produce a certificate of age from a registered medical practitioner in respect
of any employee, such certificate shall be in Form "J". The Inspectors shall keep a file of the
records of his inspection arranged in monthly bundles and shall submit to the
officer to whom he is subordinate on the 15th day of each month a diary in Form
"K". (1)
[13][
x x x x x] (2)
[x x x x x] (3)
[x x x x x] (4)
Every employer shall exhibit
in his establishment a notice. in Form "P" specifying the day or days
of the week on which the persons employed by him shall be given a holiday. The
notice shall be exhibited before the persons to whom it relates cease work on
the Saturday immediately preceding the first week during which it is to have
effect. (5)
Every employer shall exhibit
in his establishment a notice containing such extracts of the Act and these
rules in [14][Kannada]
and in the language of the majority of the employees. (6)
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 renewed
whenever it becomes defaced or otherwise ceased to be clearly legible. (7)
In any register of record
which an employer is required to maintain under these rules the entries
relating to any day shall be made on such day. (8)
Save as otherwise provided
in these Rules, the registers, records and notices relating to any calendar
year shall be preserved till the end of the next calendar year. (9)
If on any application made
by an employer in writing, the Government is satisfied that any muster-roll,
register or record [15](9A)
The appointment order issued by the employer under Section 6A OF THE Karnataka
Shops and Commercial Establishments Act, 1961 shall be in Form Q. (10)
Save as otherwise provided
in sub-rule (5), all registers, records, muster-rolls and notices required to
be maintained, exhibited or given under these Rules shall be either in English
or in Kannada. (11)
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 inspection and shall produce it whenever required to do so by an Inspector.
Where an office, storeroom, godown, warehouse or work place used in connection
with the trade and business of an establishment is situated at premises other
than the premises of the establishment, all registers, records, muster-rolls,
visit book and notices 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, storeroom, godown, warehouse or work place. [16]The
name board of every establishment shall be in Kannada and wherever other
languages are also used, the versions in such other languages shall be below
the Kannada version. (1)
[17]The
Assistant Commissioners of Labour shall, within the areas of their respective
jurisdiction be the officers to whom appeals in respect of orders under
sub-section (1) of Section 39 OF THE Karnataka Shops and Commercial
Establishments Act, 1961 shall lie. (2)
Every such appeal shall be
presented within 30 days from the date on which the order of removal or
dismissal was communicated to the employee: Provided that an appeal may be admitted after
the said period of 30 days if the appellant shows sufficient cause that the
appeal could not be presented in time. (3)
Every appeal shall be in the
form of a memorandum setting forth concisely the grounds of objection to the
order and shall be accompanied by a copy of the order appealed against. [18]Whoever
contravenes Rule 8, Rule 9, Rule 17, Rule 18, Rule 19, Rule 20, Rule 22, Rule
24 or Rule 24A, shall on conviction, be punishable with fine which shall not be
less than one hundred rupees but which may extend to two hundred and fifty
rupees. SCHEDULE
1 [See Rule 3 and Rule 3A]
SI. No. Category of
Establishment FeeRs. 1. Shops
and Commercial Establishments having no employees 125.00 2. Shops
and Commercial Establishments employing 1 to 9 employees 250.00 3. Shops
and Commercial Establishments employing between 10 to 19 employees 2,500.00 4. Shops
and Commercial Establishments employing between 20 to 49 employees 6,250.00 5. Shops
and Commercial Establishments employing between 50 to 99 employees 12,500.00 6. Shops
and Commercial Establishments employing 100 and above employees 25,000.00 [1] Inserted
by GSR No. 8, dated 10-1-1983, KGD 11-1-1983, No. SWL 7 LSC 82 [2] Rule 3-A
inserted by GSR No. 8, dated 10-1-1983, KGD 11-1-1983, No. SWL 7 LSC 82 [3]
Substituted for the words "every year" by Notification No. LD 37 LSC
97, dated 31-8-1998, w.e.f. 2-9-1998 [4] The words
and figures "Except for category of establishment at SI. No. 1 for which
no renewal fee shall be paid" omitted by GSR No. 106, dated 5-6-1992,
w.e.f. 5-6-1992, KGD 11-6-1992, No SWL 13 LSC 88 [5]
Substituted for the word and figure "Rule 3" by GSR No. 8, dated
10-1-1983, KGD 11-1-1983, No. SWL 7 LSC 82 [6] Rule 4-A
inserted by GSR No. 27, dated 19-1-1984, KGD 20-1-1984, No. SWL 7 LSC 82 [7]
Substituted for the wrods "Rupees Fifteen only" by Notification No.
LD 37 LSC 97, dated 31-8-1998, w.e.f. 2-9-1998 [8]
Substituted for the word and figure "Rule 3" by GSR No. 8, dated
10-1-1983, KGD 11-1-1983, No. SWL 7 LSC 82 [9] The words
"and make a return to the Inspector concerned in Form "G" not
later than the 1st September of the year subsequent to that to which it
relates" omitted by Notification No. LD 37 LSC97, dated 31-8-1998, w.e.f.
2-9-1998 [10] Rules
11,12,13,14,15 and 16 omitted by Notification No. LD 37 ISC 97, dated
31-8-1998, w.e.f. 2-9-1998 [11] Rule 21-A
inserted by GSR No. 390, dated 26-12-1975, KGD 1-1-1976, No. SWL 3 LSC 75 [12] Inserted
by GSR No. 66, dated 19-2-1977, KGD 24-2-1977, No. SWL 3 LSC 75 [13]
Sub-rules (1), (2) and (3) omitted by Notification No. LD 37 LSC 97, dated
31-8-1998, w.e.f. 2-9-1998 [14]
Substituted for the word "English" by Notification No. LD 37 LSC 97,
dated 31-8-1998, w.e.f. 2-9-1998 [15]
Sub-rule (9-A) inserted by Notification No. LD 37 LSC 97, dated 31-8-1998,
w.e.f. 2-9-1998 [16] Rule 24-A
inserted by GSR 12, dated 11-1-1985, KGD 15-1-1985, No. SWL 4 LSC 84 [17] Rule 25
substituted by GSR 258, dated 6-6-1967, KGD 15-6-1967, No. LMA 2 LSC 67 [18] Rule 26
substituted by Notification No, LD 37 LSC 97, dated 31-8-1998, w.e.f. 2-9-1998KARNATAKA SHOPS AND COMMERCIAL
ESTABLISHMENTS RULES, 1963