THE MADHYA PRADESH SHOPS AND ESTABLISHMENTS (AMENDMENT) ACT, 1967

[Act No. 19 of 1967]

[28th  October, 1967]

PREAMBLE

An Act to amend the Madhya Pradesh Shops and Establishments Act, 1958.

Be it enacted by the Madhya Pradesh Legislature in the Eighteenth Year of the Republic of India as follows:-

Section 1 - Short title

This Act may be called the Madhya Pradesh Shops and Establishments (Amendment) Act, 1967.

Section 2 - Amendment of section 2

In section 2 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. of 1958) hereinafter referred to as the principal Act),-

(i)       for clause (3), the following clause shall be substituted, namely:-

"(3) 'closed' means not open for the service of any customer, or for any business of the establishment, or for work, by or with the help of any employee of or connected with the establishment;";

(ii)      for item (a) of clause (4) the following clause shall be substituted, namely:-

"(a) a society registered or deemed to have been registered under the Madhya Pradesh Societies Registration Act, 1959 (1 of 1960), and a charitable or other trust, whether registered or not, which carries on whether for gain or not, any business, trade or profession or work in connection with or incidental or ancillary to such business, trade or profession;";

(iii)     for clause (6) the following; clause shall be substituted, namely:-

"(6) 'employee' means a person wholly or principally employed, whether directly or through any agency, and whether for wages or other consideration, in or in connection with any establish ment, and includes an apprentice but does not include a member of the employer's family"; and

(iv)    for clause (18), the following clause shall be substituted, namely:-

"(18) 'opened' means opens for the service of any customer, or for any business of the establishment, or for work, by or with the help of any employee, of or connected with the establishment".

Section 3 - Amendment of section 3

In sub-section (1) of section 3 of the principal Act,-

(i)       for clause (a) the following clause shall be substituted, namely:-

"(a) persons occupying positions of management and declared as such under clause (a) of sub-section (2) of section 6 or employed in a confidential capacity not exceeding ten percent of the total number of the employee in the establishment or three in number whichever is less;";

(ii)      clause (i) shall be omitted.

Section 4 - Application of Act to other establishments and persons

(1)     Notwithstanding anything contained in this Act, the Government may, by notification, declare any establishment or class of establishments to which, or any person or class of persons to whom, this Act or any of the provisions thereof does not for the time being apply, to be an establishment or class of establishments or a person or class of persons to which or whom this Act or any provision thereof shall apply from such date as may be specified in the notification.

(2)     On such declaration under sub-section (1), any such establishment or class of establishments or such person or class of persons shall be deemed to be an establishment or class of establishments to which, or to be an employee or class of employees to whom this Act applies and all or any of the provisions of this Act, shall apply to such establishment or class of establishments or to such employee or class of employees."

Section 5 - Amendment of section 6

For clause (a) of sub-section (2) of section 6 of the principal Act, the following clause shall be substituted, namely:-

"(a) the name of the employer, the manager and the person holding positions of management, if any."

Section 6 - Amendment of section 10

For sub-section (2) of section 10 of the principal Act, the following sub-sections shall be substituted, namely:-

"(2) Any person contravening the provisions of sub-section (1) shall be liable to have his goods seized by an Inspector.

(3)  The goods seized under sub-section (2) shall be returned to the person from whom they were seized on his depositing rupees fifteen as security for his appearance in the Court.

(4)  If the person fails to make the deposit, the goods seized shall be produced without delay before a Court, who may give such directions as to their temporary custody, as it thinks fit.

(5)  Where no prosecution is instituted for contravention of the provisions of sub-section (1) within such period as the Court may fix in this behalf the Court shall direct their return to the person from whom they were seized.

(6)  Subject to the provisions of the preceding subsection, the provision of the Code of Criminal Procedure, 1898 (No. V of 1898), shall so far as they may be applicable, apply to the disposal of the goods seized under this section."

Section 7 - Amendment of section 11

For sub-section (1) of section 11 of the principal Act, the following sub-section shall be substituted namely:-

"(1) (a) No employee in any shop or commercial establishment shall be required or allowed to work for more than 48 hours in a week, (b) Subject to clause (a) no employee shall be required to work.-

(i)       in any shop, for more than nine hours on any day;

(ii)      in any commercial establishment, for more than ten hours on any day."

Section 8 - Amendment of section 13

In section 13 of the principal Act,-

(i)       to sub-section (1), the following proviso shall be added, namely:-

"Provided that where any shop or commercial establishment comes after the beginning of any year within the purview of this Act, for the first time, the employer shall also fix such day of the week on which the shop or commercial establishment shall remain closed and notifying to the Inspector within one month of the date on which the shop or establishment so comes within the purview of this Act."

(ii)      for sub-section (4), the following sub-section shall be substituted, namely:-

"(4) No deduction shall be made from the wages of any employee in a shop or commercial establishment on account of any day on which it has remained closed under this section. If any employees is employed on daily wage he shall nonetheless be paid wages for the weekly holiday equal to the average of the daily wages earned by him during the preceding six working days. If any employee is paid a piece rated wage he shall nonetheless be paid his wage for the day on which the shop or commercial establishment remains closed at a rate equivalent to the daily average of his wages for the days on which he has actually worked during the six days preceding such closed day, exclusive of any earning in respect of over time:

Provided that nothing in this sub-section shall apply to any person whose total period of continuous employment is less than six days".

Section 9 - Insertion of new section 18-A

After section 18 of the principal Act the following new section shall be inserted, namely:-

"18-A. Employers in residential hotel, etc., to furnish identity card to employees. 

The employer shall furnish every employee in a residential hotel, restaurant or eating house an identity card which shall be kept by the employee when on duty and shall be produced on demand by an Inspector. Such card shall contain the following and such other particulars as may be prescribed, namely:-

(a)      the name of the employer;

(b)      the name, if any, and the postal address, of the establishment;

(c)      the name and age of the employee;

(d)      the hours of work, the interval for rest, if any and the holiday of the employee;

(e)      the signature (with date) of the employer; (1) the identity mark of an employee; and

(f)       signature or thumb impression or the employee."

Section 10 - Insertion of new section 23-A

After section 23 of the principal Act, the following new section shall be inserted, namely:-

"23-A. Employer in a theatre, etc, to furnish identity card to employee. 

The employer shall furnish every employee in a theatre, or other places of public amusement or entertainment an identity card which shall be kept by the employee when on duty and shall be produced on demand by an Inspector. Such card shall contain the following and such other particulars as may be prescribed, namely:-

(i)       the name of the employer;

(ii)      the name, if any, and the postal address, of the establishment;

(iii)     the name and age of the employee;

(iv)    the hours of work, the interval of rest, if any and the holiday of the employee;

(v)      the signature (with date) of the employer;

(vi)    the identity mark of an employee; and

(vii)   signature or thumb impression of the employee."

Section 11 - Substitution of Chapter VI

For Chapter VI of the principal Act, the following chapter shall be substituted, namely:-

"CHAPTER VI

Employment of Children, Young Persons and Women

24. No child to work in any establishment. 

No child shall be required or allowed to work whether as an employee or otherwise in any establishment, notwithstanding that such child is a member of the family of the employer.

25. Young persons and women to work between 7 a.m. to 9 p.m.

No young person or woman shall be required or allowed to work whether as an employee or otherwise in any establishment before 7 a.m. and after 9 p.m. notwithstanding that such young person or woman is a member of the family of the employer.

25-A. Daily hours of work for young persons.

(1)      Notwithstanding anything contained in this Act, no young person shall be required or allowed to work whether as an employee or otherwise, in any establishment for more than five hours in any day.

(2)      No young person, shall be required or allowed to work whether as an employee or otherwise, in any establishment lor more than three hours in any day unless he has had an interval for rest of at least hall an hour.

25-B. Prohibition of employment of young persons and women in dangerous work.

No young person or woman working in any establishment, whether as an employee or otherwise, shall be required or allowed to perform such work as may be declared by the State Government by notification, to be work involving danger to life, health or morals."

Section 12 - Amendment of section 30

In section 30 of the principal Act, for sub-section (1) the following sub-section shall be substituted, namely:-

"(1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (No. IV of 1936), (here in after referred to in this section as the said Act), the State Government may, by notification, direct that subject to the provisions of sub-section (2), all or any of the provisions of the said Act shall apply to all or any, establishment or to all or any class or employees to which or whom this Act for the time being applies."

Section 13 - Amendment of section 44

In section 44 of the principal Act,-

(i)       for clause (d), the following clause shall be substituted, namely:-

"(d) if in any establishment a child, young person or woman is required, or allowed to work in contravention or section 24, 25-A or 25-B; or"; and

(ii)      the following proviso shall be added, namely:-

"Provided that if the contravention of provisions of subsections (2) and (5) of section 6 is continued after the expiry of the tenth day after conviction, the employer shall on conviction be punished with a further fine which may extend to ten rupees for each day on which the contravention is so continued-"

Section 14 - Substitution of new sections for sections 45 and 46

For section 45 and 46 of the principal Act, the following sections shall be substituted, namely:-

"45. Contravention of section 10.

If any person contravenes the provisions of section 10, he shall, on conviction, be punished with fine which may extend to twenty-five rupees.

46.  Employees contravening sections 13 (3), 18, 25 and 57.

II an employee contravenes the provisions of sub-section (3) of section 13 or sub-section (2) of section 18 or sub-section (2) of section 25, or section 57 he shall, on conviction, be punished with fine which may extend to fifty rupees".

Section 15 - Substitution of new section for section 48

For section 48 of the principal Act, the following section shall be substituted, namely:-

"48. Enhanced penalty in certain cases after previous conviction.

If any employer who has been convicted of any offence under sub-section (1) of section 9 or section 11, 12 or 13 or sub-section (1) of section 14 or section 16, 17, 18, 19, 21, 22, 23, 24, 25, 25-A, 25-B, 43, 49 or 58 is again guilty of an offence involving contravention of the same provision, he shall be punished on a subsequent conviction with fine which shall not be less than fifteen rupees and which may extend to five hundred rupees."

Section 16 - Insertion of new section 51-A

After section 51 of the principal Act, the following section shall be inserted, namely:-

"51-A.  Summary disposal of cases.

(1)     The Court taking cognizance of an offence, under this Act shall, unless the offence is an offence under section 47, 48 or 49, state upon the summons to be served on the accused person that, he-

(a)      may appear by a pleader and not in person: or

(b)      may, by such date prior to the hearing of the charge as may be specified therein, plead guilty to the charge by a registered letter and remit to the Court such sum as the Court may, subject to the minimum and maximum limits of fine prescribed for the said offence, specify.

(2)     Where an accused person pleads guilty and remits the sum in accordance with the provisions of sub section (1), no further proceedings in respect of the offence shall be taken against him.

Section 17 - Substitution of new section for section 52

For section 52 of the principal Act, the following sec-(ion shall be substituted, namely:-

"52. Limitation of prosecutions.

No court shall take cognizance of an offence under this Act or any rule or order made there under unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector".

Section 18 - Amendment of section 55

For the Explanation to section 55 of the principal Act the following Explanation shall be substituted, namely:-

"Explanation-For the purposes of this section "limit of hours of work" shall mean-

(a)      in respect of establishment to which section 11, 16 or 21 apply, the limits prescribed in the respective sections; and

(b)      in respect of other establishments, such number of hours of work as may be prescribed."

Section 19 - Substitution of new sections for sections 62 and 63

For sections 62 and 63 of the principal Act the following sections shall be substituted, namely:-

"62  Persons employed in factory to be governed by Factories Act and not by this Act.

Nothing in this Act shall be deemed to apply to any person employed in an establishment situated in or within the precincts of a factory and the provisions of the Factories Act 1948 (LXIII of 1948), shall notwithstanding am thing in the said Act, apply to such person.

63. Provisions of the Workmen's Compensation Act, to apply mutatis mutandis.

The provisions of the Workmen's Compensation Act. 1923 (VIII of 1923), and of rules made there under shall mutatis mutandis, apply to every employee of an establishment."

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THE MADHYA PRADESH SHOPS AND ESTABLISHMENTS (AMENDMENT) ACT, 1967

[Act No. 19 of 1967]

[28th  October, 1967]

PREAMBLE

An Act to amend the Madhya Pradesh Shops and Establishments Act, 1958.

Be it enacted by the Madhya Pradesh Legislature in the Eighteenth Year of the Republic of India as follows:-

Section 1 - Short title

This Act may be called the Madhya Pradesh Shops and Establishments (Amendment) Act, 1967.

Section 2 - Amendment of section 2

In section 2 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. of 1958) hereinafter referred to as the principal Act),-

(i)       for clause (3), the following clause shall be substituted, namely:-

"(3) 'closed' means not open for the service of any customer, or for any business of the establishment, or for work, by or with the help of any employee of or connected with the establishment;";

(ii)      for item (a) of clause (4) the following clause shall be substituted, namely:-

"(a) a society registered or deemed to have been registered under the Madhya Pradesh Societies Registration Act, 1959 (1 of 1960), and a charitable or other trust, whether registered or not, which carries on whether for gain or not, any business, trade or profession or work in connection with or incidental or ancillary to such business, trade or profession;";

(iii)     for clause (6) the following; clause shall be substituted, namely:-

"(6) 'employee' means a person wholly or principally employed, whether directly or through any agency, and whether for wages or other consideration, in or in connection with any establish ment, and includes an apprentice but does not include a member of the employer's family"; and

(iv)    for clause (18), the following clause shall be substituted, namely:-

"(18) 'opened' means opens for the service of any customer, or for any business of the establishment, or for work, by or with the help of any employee, of or connected with the establishment".

Section 3 - Amendment of section 3

In sub-section (1) of section 3 of the principal Act,-

(i)       for clause (a) the following clause shall be substituted, namely:-

"(a) persons occupying positions of management and declared as such under clause (a) of sub-section (2) of section 6 or employed in a confidential capacity not exceeding ten percent of the total number of the employee in the establishment or three in number whichever is less;";

(ii)      clause (i) shall be omitted.

Section 4 - Application of Act to other establishments and persons

(1)     Notwithstanding anything contained in this Act, the Government may, by notification, declare any establishment or class of establishments to which, or any person or class of persons to whom, this Act or any of the provisions thereof does not for the time being apply, to be an establishment or class of establishments or a person or class of persons to which or whom this Act or any provision thereof shall apply from such date as may be specified in the notification.

(2)     On such declaration under sub-section (1), any such establishment or class of establishments or such person or class of persons shall be deemed to be an establishment or class of establishments to which, or to be an employee or class of employees to whom this Act applies and all or any of the provisions of this Act, shall apply to such establishment or class of establishments or to such employee or class of employees."

Section 5 - Amendment of section 6

For clause (a) of sub-section (2) of section 6 of the principal Act, the following clause shall be substituted, namely:-

"(a) the name of the employer, the manager and the person holding positions of management, if any."

Section 6 - Amendment of section 10

For sub-section (2) of section 10 of the principal Act, the following sub-sections shall be substituted, namely:-

"(2) Any person contravening the provisions of sub-section (1) shall be liable to have his goods seized by an Inspector.

(3)  The goods seized under sub-section (2) shall be returned to the person from whom they were seized on his depositing rupees fifteen as security for his appearance in the Court.

(4)  If the person fails to make the deposit, the goods seized shall be produced without delay before a Court, who may give such directions as to their temporary custody, as it thinks fit.

(5)  Where no prosecution is instituted for contravention of the provisions of sub-section (1) within such period as the Court may fix in this behalf the Court shall direct their return to the person from whom they were seized.

(6)  Subject to the provisions of the preceding subsection, the provision of the Code of Criminal Procedure, 1898 (No. V of 1898), shall so far as they may be applicable, apply to the disposal of the goods seized under this section."

Section 7 - Amendment of section 11

For sub-section (1) of section 11 of the principal Act, the following sub-section shall be substituted namely:-

"(1) (a) No employee in any shop or commercial establishment shall be required or allowed to work for more than 48 hours in a week, (b) Subject to clause (a) no employee shall be required to work.-

(i)       in any shop, for more than nine hours on any day;

(ii)      in any commercial establishment, for more than ten hours on any day."

Section 8 - Amendment of section 13

In section 13 of the principal Act,-

(i)       to sub-section (1), the following proviso shall be added, namely:-

"Provided that where any shop or commercial establishment comes after the beginning of any year within the purview of this Act, for the first time, the employer shall also fix such day of the week on which the shop or commercial establishment shall remain closed and notifying to the Inspector within one month of the date on which the shop or establishment so comes within the purview of this Act."

(ii)      for sub-section (4), the following sub-section shall be substituted, namely:-

"(4) No deduction shall be made from the wages of any employee in a shop or commercial establishment on account of any day on which it has remained closed under this section. If any employees is employed on daily wage he shall nonetheless be paid wages for the weekly holiday equal to the average of the daily wages earned by him during the preceding six working days. If any employee is paid a piece rated wage he shall nonetheless be paid his wage for the day on which the shop or commercial establishment remains closed at a rate equivalent to the daily average of his wages for the days on which he has actually worked during the six days preceding such closed day, exclusive of any earning in respect of over time:

Provided that nothing in this sub-section shall apply to any person whose total period of continuous employment is less than six days".

Section 9 - Insertion of new section 18-A

After section 18 of the principal Act the following new section shall be inserted, namely:-

"18-A. Employers in residential hotel, etc., to furnish identity card to employees. 

The employer shall furnish every employee in a residential hotel, restaurant or eating house an identity card which shall be kept by the employee when on duty and shall be produced on demand by an Inspector. Such card shall contain the following and such other particulars as may be prescribed, namely:-

(a)      the name of the employer;

(b)      the name, if any, and the postal address, of the establishment;

(c)      the name and age of the employee;

(d)      the hours of work, the interval for rest, if any and the holiday of the employee;

(e)      the signature (with date) of the employer; (1) the identity mark of an employee; and

(f)       signature or thumb impression or the employee."

Section 10 - Insertion of new section 23-A

After section 23 of the principal Act, the following new section shall be inserted, namely:-

"23-A. Employer in a theatre, etc, to furnish identity card to employee. 

The employer shall furnish every employee in a theatre, or other places of public amusement or entertainment an identity card which shall be kept by the employee when on duty and shall be produced on demand by an Inspector. Such card shall contain the following and such other particulars as may be prescribed, namely:-

(i)       the name of the employer;

(ii)      the name, if any, and the postal address, of the establishment;

(iii)     the name and age of the employee;

(iv)    the hours of work, the interval of rest, if any and the holiday of the employee;

(v)      the signature (with date) of the employer;

(vi)    the identity mark of an employee; and

(vii)   signature or thumb impression of the employee."

Section 11 - Substitution of Chapter VI

For Chapter VI of the principal Act, the following chapter shall be substituted, namely:-

"CHAPTER VI

Employment of Children, Young Persons and Women

24. No child to work in any establishment. 

No child shall be required or allowed to work whether as an employee or otherwise in any establishment, notwithstanding that such child is a member of the family of the employer.

25. Young persons and women to work between 7 a.m. to 9 p.m.

No young person or woman shall be required or allowed to work whether as an employee or otherwise in any establishment before 7 a.m. and after 9 p.m. notwithstanding that such young person or woman is a member of the family of the employer.

25-A. Daily hours of work for young persons.

(1)      Notwithstanding anything contained in this Act, no young person shall be required or allowed to work whether as an employee or otherwise, in any establishment for more than five hours in any day.

(2)      No young person, shall be required or allowed to work whether as an employee or otherwise, in any establishment lor more than three hours in any day unless he has had an interval for rest of at least hall an hour.

25-B. Prohibition of employment of young persons and women in dangerous work.

No young person or woman working in any establishment, whether as an employee or otherwise, shall be required or allowed to perform such work as may be declared by the State Government by notification, to be work involving danger to life, health or morals."

Section 12 - Amendment of section 30

In section 30 of the principal Act, for sub-section (1) the following sub-section shall be substituted, namely:-

"(1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (No. IV of 1936), (here in after referred to in this section as the said Act), the State Government may, by notification, direct that subject to the provisions of sub-section (2), all or any of the provisions of the said Act shall apply to all or any, establishment or to all or any class or employees to which or whom this Act for the time being applies."

Section 13 - Amendment of section 44

In section 44 of the principal Act,-

(i)       for clause (d), the following clause shall be substituted, namely:-

"(d) if in any establishment a child, young person or woman is required, or allowed to work in contravention or section 24, 25-A or 25-B; or"; and

(ii)      the following proviso shall be added, namely:-

"Provided that if the contravention of provisions of subsections (2) and (5) of section 6 is continued after the expiry of the tenth day after conviction, the employer shall on conviction be punished with a further fine which may extend to ten rupees for each day on which the contravention is so continued-"

Section 14 - Substitution of new sections for sections 45 and 46

For section 45 and 46 of the principal Act, the following sections shall be substituted, namely:-

"45. Contravention of section 10.

If any person contravenes the provisions of section 10, he shall, on conviction, be punished with fine which may extend to twenty-five rupees.

46.  Employees contravening sections 13 (3), 18, 25 and 57.

II an employee contravenes the provisions of sub-section (3) of section 13 or sub-section (2) of section 18 or sub-section (2) of section 25, or section 57 he shall, on conviction, be punished with fine which may extend to fifty rupees".

Section 15 - Substitution of new section for section 48

For section 48 of the principal Act, the following section shall be substituted, namely:-

"48. Enhanced penalty in certain cases after previous conviction.

If any employer who has been convicted of any offence under sub-section (1) of section 9 or section 11, 12 or 13 or sub-section (1) of section 14 or section 16, 17, 18, 19, 21, 22, 23, 24, 25, 25-A, 25-B, 43, 49 or 58 is again guilty of an offence involving contravention of the same provision, he shall be punished on a subsequent conviction with fine which shall not be less than fifteen rupees and which may extend to five hundred rupees."

Section 16 - Insertion of new section 51-A

After section 51 of the principal Act, the following section shall be inserted, namely:-

"51-A.  Summary disposal of cases.

(1)     The Court taking cognizance of an offence, under this Act shall, unless the offence is an offence under section 47, 48 or 49, state upon the summons to be served on the accused person that, he-

(a)      may appear by a pleader and not in person: or

(b)      may, by such date prior to the hearing of the charge as may be specified therein, plead guilty to the charge by a registered letter and remit to the Court such sum as the Court may, subject to the minimum and maximum limits of fine prescribed for the said offence, specify.

(2)     Where an accused person pleads guilty and remits the sum in accordance with the provisions of sub section (1), no further proceedings in respect of the offence shall be taken against him.

Section 17 - Substitution of new section for section 52

For section 52 of the principal Act, the following sec-(ion shall be substituted, namely:-

"52. Limitation of prosecutions.

No court shall take cognizance of an offence under this Act or any rule or order made there under unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector".

Section 18 - Amendment of section 55

For the Explanation to section 55 of the principal Act the following Explanation shall be substituted, namely:-

"Explanation-For the purposes of this section "limit of hours of work" shall mean-

(a)      in respect of establishment to which section 11, 16 or 21 apply, the limits prescribed in the respective sections; and

(b)      in respect of other establishments, such number of hours of work as may be prescribed."

Section 19 - Substitution of new sections for sections 62 and 63

For sections 62 and 63 of the principal Act the following sections shall be substituted, namely:-

"62  Persons employed in factory to be governed by Factories Act and not by this Act.

Nothing in this Act shall be deemed to apply to any person employed in an establishment situated in or within the precincts of a factory and the provisions of the Factories Act 1948 (LXIII of 1948), shall notwithstanding am thing in the said Act, apply to such person.

63. Provisions of the Workmen's Compensation Act, to apply mutatis mutandis.

The provisions of the Workmen's Compensation Act. 1923 (VIII of 1923), and of rules made there under shall mutatis mutandis, apply to every employee of an establishment."