KERALA SHOPS AND COMMERCIAL
ESTABLISHMENTS (AMENDMENT) ACT, 1969 THE KERALA SHOPS AND COMMERCIAL
ESTABLISHMENTS (AMENDMENT) ACT, 1969 [ ACT No. 32 OF 1969] An Act to amend the Kerala Shops and
Commercial Establishments Act, I960. WHEREAS
it is expedient to amend the Kerala shops and Commercial Establishments Act,
1960, for the purposes here in after appearing; Be it
enacted in the Twentieth Year of the Republic of India as follows:- (1)
This Act may be called the Kerala Shops and
Commercial Establishments (Amendment) Act, 1969. (2)
The provisions of this Act, except section 2,
shall come into force at once and section 2 shall come into force on such date
as the Government may, by notification in the Gazette, appoint. After
Chapter I of the Kerala Shops and Commercial Establishments Act, 1960 (34 of
1960) (hereinafter referred to as the principal Act), the following Chapter
shall be inserted, namely:- CHAPTER IA REGISTRATION (1)
The employer of every establishment shall
make an application to such authority as the Government may, by notification in
the Gazette, specify in this behalf (in this Chapter referred to as the
''competent authority"), in such form on payment of such fees as may be
prescribed, for a registration certificate in respect of that establishment. (2)
An application under sub-section (1) shall be
made within sixty days from the date of commencement of this section: Provided
that in the case of an establishment started after the commencement of this
section, such application shall be made within ; sixty days from the date on
which the establishment commences its work. (3)
The application shall specify the following
particulars namely:- (a)
the name of the employer and the manager, if
any; (b)
the postal address of the establishment; (c)
the name, if any, of the establishment; (d)
the category of the establishment, that is to
say, whether it is a shop or a commercial establishment; (e)
the number and names of employees employed in
the establishment; (f)
such other particulars as may be prescribed. (4)
On receipt of an application under
sub-section (1). the competent authority shall, if it is satisfied that the
application is in accordance with the provisions of this Act and the rules made
thereunder, register the establishment and issue to the employer a registration
certificate in the prescribed form which shall be conclusive evidence that such
establishment is duly registered under this Act. (5)
A registration certificate granted under this
Act shall not be valid beyond the year in which it is granted but may be
renewed from year to year. (6)
An application for the renewal of a
registration certificate granted under this Act shall be made at least thirty
days before the expiry of the period thereof, on payment of such fees as may be
prescribed, and where such an application has been made, the registration
certificate shall be deemed to continue notwithstanding the expiry of the
period thereof, until the renewal of the registration certificate or, as the
case may be, rejection of the application for the renewal thereof. (7)
?The
competent authority shall not grant or renew a registration certificate unless
it is satisfied that the provisions of this Act and the rules made thereunder
have been substantially complied with. (8)
The competent authority may, after giving the
holder of a registration certificate granted or renewed under this Act, an
opportunity of being heard, by order cancel or suspend the registration
certificate if it appears to it that such registration certificate has been
obtained by mis-representation or fraud or that the employer has contravened or
failed to comply with any of the provisions of this Act or the rules made
thereunder. Any
person aggrieved by an order of the competent authority refusing to grant or
renew a registration certificate or canceling or suspending the same, may,
within a period of sixty days of the receipt by him of such order and on
payment of such fees as may be prescribed, appeal to such authority as the
Government may, by notification in the Gazette, specify in this behalf, and such
au thority may by order confirm, modify or reverse the order appealed against. (1)
A registration certificate granted or renewed
under this Act shall be prominently displayed by the employer in the premises
of the establishment. (2)
The employer shall give notice in the
prescribed form to the competent authority and the Inspector having
jurisdiction over the area in which the establishment is situate of any change
in respect of any of the particulars contained in his application under sub-section
(1) of section 5A within seven days after the change has taken place. (3)
A notice under sub-section (2) shall be
accompanied by such fee as may be prescribed. (4)
On receiving a notice under sub-section (2)
and the prescribed fees, the competent authority shall, if it is satisfied
about the correctness of the notice, register the change and amend the
registration certificate or issue a fresh registration certificate. (5)
The employer shall within ten days of closing
his establishment, give notice thereof to the competent authority and the
Inspector having jurisdiction over the area in which the establishment is
situate. (6)
On receiving a notice under sub-section (5),
the competent authority shall, if it is satisfied about the correctness of the
notice remove the name of such establishment from the register and cancel th e
registration certificate.". After
section 13 of the principal Act, the following section shall be inserted,
namely:- "13A. Special casual leave for sterilization
operation.- (1)
Every employee who undergoes sterilization
operation shall be entitled to special casual leave with wages for a period not
exceeding- (2)
?six
days in the case of a male employee; and (3)
?fourteen days in the case of a female
employee, with effect from the day on which he or she undergoes such operation. (4)
If an employee who has undergone sterilization
operation is discharged by his or her employer during the period specified in
sub-section (1), the employer shall pay such employee the amount payable under
section 14 in respect of the period of the special casual leave to which the
employee was entitled at the time of discharge.". For
section 14 of the principal Act, the following section shall be substituted,
namely:- "14.
Wages during leave period.- (1)
For the leave allowed to an employee under
section 13 or section 13A, the employee shall be paid at the rate equal to the
daily average of his or her total full time earnings exclusive of any overtime
earnings and bonus, but inclusive of dearness allowance and the cash equivalent
of any advantage accruing by the supply of meals and by the sale by the
employer of food grains and other articles at confessional rates for the days
on which the employee worked during the month
immediately preceding his leave. (2)
The amount payable to an employee under
sub-section (1) for the leave allowed under section 13A shall be paid to him or
her on production of a certificate from such authority and in such form as may
be prescribed, to the effect that the employee has undergone sterilization
operation.". In
section 29 of the principal Act,-(1) The existing sub-section (1) shall be
renumbered as sub- section (1A) of that section, and before sub-section (1A) as
so re- numbered, the following shall be inserted as sub-section(1), namely:-
... (1)
Whoever commits any breach of the provisions
of sections 5A and 5C of Chapter IA shall be punishable,- (a)
with fine which may extend to two hundred and
flfty rupees and in case of continuing breach with fine which may extend to ten
rupees for every day during which the breach continues after conviction for the
first breach; or (b)
with fine which may extend to ten rupees for
every day during which the breach continues after receipt of notice from the
competent authority to discontinue such breach.". (2)
in sub-section (1A) as so renumbered, after
the figures "13" the figures and letter "13A" shall be
inserted.
Preamble - THE KERALA SHOPS AND COMMERCIAL
ESTABLISHMENTS (AMENDMENT) ACT, 1969PREAMBLE