Rule - 1. Short title.
These rules may be called the Madhya Pradesh Shops and Establishments
Rules, 1959.
Rule - 2. Definitions.
In these rules, unless there is anything repugnant in the subject or context,
(a)
"Act"
means the Madhya Pradesh Shops and Establishments Act, 1958 (Act No. 25 of
1958);
(b)
"Form"
means a form appended to these rules;
(c)
"Section"
means a section of the Act.
Registration of Establishments
Rule - 3. Registration of establishments.
[(1) A statement to be sent to the Inspector of the area concerned under
sub-section (2) of Section 6 shall be in Form A and shall be accompanied by a
fee of [amount
as per class of establishment as mentioned in Rule 5].
(2) An
establishment shall be registered in the register of establishments under
sub-section (3) of Section 6 under the appropriate category to which it
belongs. The register of establishment shall be in Form B.
(3) The
registration certificate to be issued under sub-section (3) of Section 6 shall
be in Form C.
(4) In the
event of loss or destruction of the Registration Certificate an application
shall be made to the Inspector concerned within seven days of such loss or
destruction for a duplicate copy thereof which may be granted on payment of a
fee of [twenty
rupees].
[(5) Amendment in Registration Certificate.
The Inspector shall amend the registration certificate on application
and payment of fees made to him as per specified below for that class of
establishment.
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Class of
establishment
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Amendment
Fees
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1.
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All
establishments having no employee
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Rs. Ten
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2.
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All
establishments employing not more than 3 employees
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Rs. Twenty
five.
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3.
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All
establishments employing more than 3 but less than 10 employees.
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Rs. Forty.
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4.
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All establishments
employing more than 10 employees.
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Rs.
Fifty.]
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Rule - 4. Period of validity of registration certificate.
The Registration Certificate granted under sub-section (3) of Section 6
shall be valid upto the end of the calendar year in which it is granted, and
every renewal thereof shall be valid for the calendar year specified in Part B
of the certificate.
Rule - 5. Renewal of registration certificate.
[(1) Fees for the Registration and Renewal Every registration
certificate issued under sub-rule (2) of Rule 6 shall be renewed, after the
expiry of a period of five calendar years, on payment of a fee specified below
for that class of establishments.
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Class of
establishment
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Registration/Renewal
Fees Rs.
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1.
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All
establishments having no employee
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Hundred
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2.
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All
establishments employing not more than 3 employees
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One
hundred fifty.
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3.
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All
establishments employing more than 3 but less than 10 employees.
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Two
Hundred.
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4.
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All
establishments employing more than 10 employees.
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Two
Hundred Fifty.
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Provided that application for renewal shall be accompanied by the
Registration Certificate and shall be so made as to reach the office of the
Inspector not less than 30 days before the date on which the Registration Certificate
is due to expire.]
(2) If the
application for renewal is not received within the time specified in sub-rule
(1) the Registration Certificate shall be renewed only on payment of a fee
of 5[Ten rupees] in excess of the fee ordinarily payable for
the purpose unless the Labour Commissioner by general or special order extends
the time for application for renewal.
Rule - 6. Payment of fee.
Any fee prescribed in these rules shall be credited into a Government
Treasury in the State under the head [XXXII-Miscellaneous
Social and Development Organisations-A (1) Fees for Registration of Shops and
Establishments] :
[Provided that if the registration or renewal of the Registration
Certificate is issued by the Municipal Corporation or by Municipality the fees
prescribed in these rules shall be deposited in the office of the concerned
Municipal Corporation or Municipality, as the case may be and such Local
Authority shall issue a receipt thereof.]
Rule - 7. Notice of Change.
A notice of change to be notified to the Inspector under Section 7 shall
be in Form D.
Rule - 8. Notice of closure.
(1)
A notice
regarding closing of an establishment to be notified to the Inspector under
Section 8 shall be in Form E and it shall be accompanied by the Registration
Certificate of such establishment.
(2)
If any
employer transfers his establishment to any other person he shall, within ten
days of such transfer notify the fact to the Inspector.
Rule - 9. Fixing six days in a year for additional overtime.
(1)
The
following days and not more than three days preceding any of such days, shall
be the days for additional overtime for purposes of making of accounts,
stock-taking or settlement under sub-section (3) of Section 11,
The 31st day of March;
The 30th day of June;
The 30th day of September;
The day of Diwali;
The 31st day of December; and
The last day of Vikram Samvat:
Provided that in lieu of any day or days mentioned above the employer
may substitute any other day or days, as the case may be, which shall be
intimated to the Inspector at least three months before the day on which he
intends to take excess work.
(2)
On any of
the days mentioned in sub-rule (1) for the purposes thereof the operation of
the provisions relating to closing hours in Section 9 shall be deemed to be
suspended.
Rule - 10. Notice to be given to Inspector when additional overtime is to be worked.
Notice of the intention to require employees in a shop or commercial
establishment to work under sub-section (3) of Section 11 in excess of the
period fixed under sub-section (1) of the said section on any day prescribed
under Rule 9 shall be given either in English or in Hindi so as to reach the
Inspector within whose jurisdiction such establishment is situated at least two
days before each day.
Rule - 11. Receipt of security money.
(1)
The
Inspector with whom money is deposited by way of security for the return of
seized goods under sub-section (2) of Section 10 shall pass a serially numbered
cash receipts in Form F in respect of the amount so deposited. The amount shall
be refunded to the depositor if he is not prosecuted within the period
prescribed in Section 52, on the expiry of such period, and if he is
prosecuted, after the case is finally disposed of.
(2)
The
Inspector shall, for the goods seized by him under sub-section (2) of Section
10, issue a seizure memo in Form G to the person from whom such goods have been
seized and when such goods are returned to the person concerned shall detain a
delivery memo from the said person with his acknowledgment in Part B of Form G.
Rule - 12. Employment of children and young persons.
An Inspector may require an employer to produce in respect of any person
employed by him whom the Inspector suspects to be a child or a young person as
proof of his age (1) an authentic extract from the school record, or (2) a
certified copy from the Birth Register, or (3) certificate of age from the
registered Medical Practitioners in Form H.
Rule - 13. Leave.
(1)
Every
employer of an establishment shall maintain a register of leave in Form I in
respect of each employee in the establishment.
(2)
The employer
shall provide each employee with a book called
"Leave Book" in Form J. As soon as any leave is granted or
refused an entry shall be made by the employer in the Leave Book and the book
returned to the employee. The book shall be the property of the employee and
the employer or his manager or other agent shall not demand it except to make
entries therein :
Provided that with the consent in writing to be recorded on the Leave
Book itself, of an employee whose wages are Rs. 300/- per month or, more the
'Leave Book' may be kept in the custody of the employer. If any employee loses
his Leave Book the employer shall provide him with another copy on payment of
annas two and shall complete the entries therein from his record.
(3)
The register
for entering refusal of leave to be maintained under tub-section (3) of Section
26 shall be in Form K.
Rule - 14. Misconduct.
For the purposes of the proviso to sub-section (1) of Section 58, the
following acts and omissions shall be treated as misconduct on the part of the
employees,
(a)
wilful
insubordination to, or disobedience, whether alone or in combination with
orders, any lawful and reasonable order of a superior;
(b)
theft, fraud
or dishonesty in connection with the employer's business or property;
(c)
wilful
damage to or loss of employers' goods or property;
(d)
taking or
giving bribes or any illegal gratification in connection with the employer's
business;
(e)
habitual
absence without leave or absence without leave for more than 10 days;
(f)
habitual
late attendance;
(g)
habitual
breach of any law applicable to the establishment;
(h)
riotous or
disorderly behavior during working hours at the establishment or any act
subversive of the discipline;
(i)
habitual
negligence or neglect of work;
(j)
striking
work or inciting others to strike work in contravention of the provisions of
any law or rule having the force of law.
Rule - 14-A. [Appellate Authority and limitation for appeal.
(1)
The
Divisional Assistant Commissioner of Labour shall be the Appellate Authority
for the purposes of sub-section (2) of Section 58.
(2)
The employee
discharged, dismissed or retrenched may prefer an appeal to the Appellate
Authority within a period of one year from the date of the communication of the
order of discharge, dismissal or retrenchment, as the case may be :
Provided that the appeal may be entertained even after the expiry of the
said period of one year if the employee satisfies the Appellate Authority that
he has sufficient reason for not preferring an appeal within the said period.
(3)
On receiving
the appeal, the Appellate Authority shall give a notice in Form K-1 to the
non-appellant (employer) and in Form K-2 to the appellant (employee) concerned
by registered post acknowledgment due.
(4)
After
perusing the record and after giving an opportunity to the parties of being
heard, the Appellate Authority shall decide the appeal. Reasons if brief for
the decision shall be recorded in the appellate order.
(5)
The
Appellate Authority shall supply a copy of order passed by it in the appeal to
the non-appellant (employer) as well as to the appellant (employee) concerned
free of cost.]
Rule - 15. Fixing times and methods for cleaning the establishments.
(1)
In every
establishment all the inside walls of the rooms and all the ceilings and tops
of such rooms (whether such walls, ceiling and tops be plastered or not) and
all the passages and staircases shall be lime-washed or colour washed at least
once in two years dating from the period when last lime-washed or colour-washed
:
Provided that an Inspector may require them to be lime-washed or
colour-washed earlier than two years if in his opinion they have become so
unclean as to require immediate lime-washing or colour washing. All the beams
rafters, doors, window-frames and other wood work with the exception of floors
shall be either painted or varnished once in seven years dating from the period
when last painted or varnished and shall be kept in a cleanly state. The dates
on which lime-washing, colour washing, painting or varnishing is carried out
shall be duly entered in a register maintained in Form I, which shall be shown
to the Inspector when required :
Provided that the provisions of this rule shall not apply to,
(i)
rooms used
only for the storage of articles;
(ii)
walls or
tops of rooms which are made of galvanized iron; tiles asbestos sheets or similar
material of glazed bricks;
(iii)
any other
establishment or parts thereof in which lime-washing or painting is in the
opinion of the Inspector unnecessary to satisfy the requirements of Section 31
as to cleanliness.
(2)
No rubbish,
filth or debris shall be allowed to accumulate or to remain on any premises in
an establishment in such position that effluvia therefrom can arise within the
establishments.
[(2-A) In every establishment or any premises in which the process of
cleaning/washing ornaments with the aid of acid is carried on, adequate
drainage shall be provided and shall lead to special treatment tanks where
deleterious material shall be neutralized or otherwise rendered safe before it
is discharged into ordinary drains or sewers.
(2-B) On any premises in an Establishment, adequate
ventilation shall be provided and maintained at all times in rooms or buildings
where dangerous gas, vapors, fumes or dust may be evolved.
(2-C) In every establishment or any premises in
which person employed in processes where dangerous gas, vapour, fumes or dust
may be devolved, suitable protective appliances such as hand gloves, footwear,
breathing mask, goggles shall be maintained for the use of the employed
persons/employees.
(2-D) In every establishment or any premises in
which the process of cleaning/washing ornaments with the aid of acid is carried
on every person employed shall be medically examined by a qualified medical
practitioner within 15 days of his first employment and thereafter at intervals
of not more than 6 months and record of such medical examination shall be
maintained in respect of each employee in Form K-3.]
Rule - 16. Precautions against fire.
No person shall smoke or use a naked light or cause or permit any such
limit to be used in the immediate vicinity of any inflammable material in any
establishment.
Rule - 17. Qualifications and provisions regarding Inspector.
(1)
No person
shall be appointed to be an Inspector under the Act unless he is able to speak,
read and write Hindi and is either a graduate of a recognised University or a
matriculate with atleast seven years' experience of service under Government or
a local authority :
Provided that this qualification shall not be necessary in the case of
persons who may be employed as Inspector of Establishment under the Government
or with the local bodies in the State on the first of July, 1958.
(2)
No person
shall be appointed to be an Inspector under the Act, or having been so
appointed, shall continue to hold, if he has or acquires, directly or
indirectly, by himself or by any partner, any share or interest in any
establishment to which the Act applies in the area for which he is to be or has
been appointed.
Rule - 18. Duties of an Inspector.
An Inspector, while making an examination under Section 41 of the Act,
shall for the purpose of satisfying himself that the provisions of the Act and
of these rules and any orders passed by the Government or the local authority
under the Act are duly observed, ascertain the following facts :
(i)
that the
establishments are duly registered under the Act;
(ii)
that the
establishment have duly renewed their registration under the Act;
(iii)
that the
registers, records and notice required to be maintained or displayed under the
Act or these rules are properly maintained or displayed;
(iv)
that
holidays required to be granted or observed under the Act are granted and
observed and that the limits of work and spread over laid down under the Act
are not exceeded;
(v)
that the
provisions of the Act and any orders issued by Government or the Local
Authority regarding the opening and closing hours are duly observed;
(vi)
that the
provisions of the Act and these rules regarding leave are properly observed;
(vii)
that the
provisions of the Act relating to the payment for overtime work are duly
observed;
(viii)
that the
provisions of the Act and these rules relating to cleanliness, sanitation and
precautions against fire are properly observed;
(ix)
that no child
is allowed to work in any establishment; and
(x)
that no
young person works in excess of 51/2 hours on any day and that he is not
required to work before 7.00 a.m. and after 9.00 p.m.
Rule - 19. Recording of inspection note by Inspector.
The Inspector shall record an inspection note in duplicate in Form M,
the original of which shall be handed over to the establishment inspected and
the duplicate copy retained on the inspection note book in the running serial
order. The employer shall paste the original copy of the inspection note so
recorded on a bound visit book which shall be maintained for the purpose on the
form of a blank register. The inspection book shall be produced to the
Inspector on demand for ascertaining compliance of instructions given on any
previous inspection. The Inspector shall record necessary entries in respect of
each inspection in the inspection register to be maintained at the inspectorate
and submit such diaries, reports and returns as may be prescribed by
departmental instructions.
Rule - 19-A. [Powers of Inspector.
An Inspector shall, for the purposes of the enforcement of the Act, have
powers, subject to the provisions of the Act, to conduct before a Court any
complaint or other proceeding arising under the Act or in the discharge of his
duties as an Inspector and secure such attendance as may be necessary for the
purpose.]
Rule - 20. Maintenance of registers and records and display of notices.
[(1) Every employer shall maintain a register of employees showing
attendance, wages, overtime work fines and other deductions and account of
wages in respect of each employee under him in Form 'N'.]
(2) Every
employer shall exhibit in his establishment a notice in Form O, specifying the
day or days on which his employees 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.
(3) Every
employer shall exhibit in his establishment a notice specifying the daily hours
to be worked and intervals for rest and meals to be allowed to the employees,
if any. Such notice shall be in Form P and shall be exhibited not later than
the closing hour on the Saturday immediately preceding the first week in which
the hours of work shall be as specified in such notice. It shall continue to be
exhibited so long as the hours of work specified in it are observed.
(4) Every
employer shall maintain a register of leave in respect of each of his employees
on a separate page of the register in Form I.
(5) Every
establishment shall prominently display in a conspicuous place a notice showing
the day of the week on which the establishment shall remain closed. If there is
an alteration in such a day the employer shall give notice to the Inspector in
Form Q and exhibit a copy of such notice.
(6) If any
day notified as holiday under sub-section (1) of Section 13 has been
substituted being a day of public festival under provisions of sub-section (2)
of the said section, the employer shall give notice of the change to the
inspector in Form R and exhibit a copy of such notice.
(7) Every
employer shall exhibit in his establishment a notice containing such extracts
of the Act and these rules in English or in the language of the majority of the
persons employed by him as the Local Authority or Government may direct.
(8) Every
employer shall exhibit in his establishment in English or in the language of
the majority of persons employed by him a copy of leave rules applicable to his
employees.
(9) 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 ceases to be clearly
legible.
(10) In any
register or record which an employer is required to maintain under these rules
the entries relating to any day shall be made on such day.
(11) The
registers, records and notices relating to any calendar year shall be preserved
till the end of the next calendar year.
(12) Save as
otherwise provided in sub-rule (7) all registers, records, muster rolls and
notices required to be maintained, exhibited or given under this rule shall be
either in English or in a Language spoken by the majority of employees.
(13) Every
employer shall maintain a register in which the original copies of inspection
notes handed over by the Inspector to the employer under Rule 19 shall be
incorporated serially in order of dates and he shall produce it whenever
required to do so by an Inspector.
(14) If on an
application made by an employer the State Government is satisfied that any
muster roll, register or record maintained by such employer gives in respect of
all or any of the employees in his establishment the particulars required to be
shown in any registers, record or notice prescribed under this rule, the State
Government may, by order in writing direct that such muster roll, register or
record may to the corresponding extent be maintained in place of such
registers, record or notice, as the case may be.
Rule - 21. Overtime.
(1)
For purpose
of clause (c) of the Explanation to Section 55 of the Act, the expression
"limit of hours of work" in the case of employees in any other
establishment shall mean nine hours on any day and 48 hours in any week.
(2)
The employer
shall maintain an account of overtime work taken from the employees from day to
day and payments for such overtime in the register in Form N.
Rule - 22. Administration of the Act.
(1)
The working
of the Act shall be administered by the State through the Labour Commissioner,
Madhya Pradesh.
(2)
An annual
report on the working of the Act shall, within three months of the close of any
calendar year, be submitted by the Labour Commissioner to the State Government.
(3)
The State Government
may from time to time call for such reports and information from the Labour
Commissioner and may give such directions to him as it may deem necessary for
the purpose of enforcement of the Act.
Rule - 23. Repeal and saving.
The Central Provinces and Berar Shops and Establishment Rules, 1947 and
the Madhya Bharat Shops and Establishment Rules, 1953 are hereby repealed :
Provided that any order made or action taken under the rules so repealed
shall be deemed to have been made or taken under the corresponding provisions
of these rules.
FORM A
[See Rule 3(1)]
STATEMENT UNDER SECTION 6 (2)
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1.
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Name of
the establishment, if any (in block letters)
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....................
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2.
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Full
postal address and location of the establishment
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......................
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3.
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Situation
of office, store-room, godown, warehouse or work place, if any, attached to
the establishment but situated in premises different from those of the
establishment
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.......................
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4.
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Category
of the establishment, i.e. whether (a) shop; (b) commercial
establishment, (c) residential hotel, restaurant or eating-house, (d)
threatre or other place of public amusement or entertainment
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.....................
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5.
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Particulars
of persons having interest in the establishment as employer (Applicable only
when a nomination is made under Section 55)
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.......................
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S. No.
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Name and
parentage
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Designation
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Permanent
Address
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Nature of
interest
(whether
Partner/
Manager/Director/
Shareholder)
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(1)
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(2)
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(3)
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(4)
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(5)
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6.
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Nature of
business
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......................
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7.
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Name,
designation and permanent address of the employer (manager, agent or any
other person) who is in the immediate charge of the general management or control
of the establishment
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.......................
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8.
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Particulars
of members of employer's family employed in the establishment as defined in
Section 2 (17)
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..........................
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Name Age Sex Relationship with employer
1................................
2.................................
3.................................
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9.
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Name of other persons occupying positions of management or employees
engaged in confidential capacity, if any.
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1.........................
2.........................
10. Name of employees Male Female Total
(1)
Adults ............................
(2)
Young persons ............................
Total
11. Name the day of the week on which weekly ........................
holiday will be observed (in case of shops Commercial Establishments
only)
12. Details of remittance (enclose copy of challan
......................
obtained from Treasury)
Name of treasury, Challan No. and date, Amount of fee paid.
Place................. ...................................................
Date................... Signature of Proprietor/Partner/
Manager/Secretary/Managing Director or a person in charge.
FORM B
[See Rule 3 (2)]
REGISTER OF ESTABLISHMENT
Part I Shops
Part II Commercial Establishments
Part III Residential hotels
Part IV Restaurants and
eating-houses
Part V Theatres and other place
of public amusement or entertainment.
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Note : This register shall be maintained category-wise separately for
each town.
Registration No. of establishment and date of Registration.
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Name and address of the establishment (Items 1 & 2 of Form 'A')
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Name of the employer
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Name of manager or any person other than employer in immediate charge
of general management or control of establishment.
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(1)
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(2)
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(3)
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(4)
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Nature of business
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Number of
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employees
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Adults
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Young persons
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Male Female
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Male Female
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(5)
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(6)
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Total
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Renewals
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Year
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Year
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Year
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Year
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(7)
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(8)
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FORM C
[See Rule 3 (3)]
THE MADHYA PRADESH SHOPS AND ESTABLISHMENT ACT,
1958
Registration Certificate of Establishment
PART A
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1.
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Registration mark and number
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…......................
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2.
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Name of Establishment
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…......................
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3.
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Full postal address of the establishment
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….......................
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4.
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Nature of business, trade or profession carried on
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…......................
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5.
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Name and designation of the Proprietor/Manager/ Agent or any other
person in the immediate charge or control of the establishment
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…..............…......
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6.
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Name and designation of other person(s) having interest as employer in
the establishment, if any, with his address in the State
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.....….................
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7.
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Total number of employees
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….........................
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Male
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Female
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Total
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1. Adults
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….................
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2. Young persons
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…..................
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Total
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This is to certify that the establishment, the particulars of which have
been given above, has been registered under the Madhya Pradesh Shops and
Establishments Act, 1958 (25 of 1958) on the…...........day of 19…....
SEAL ….................................................
Inspector under the M.P. Shops and Establishments Act, 1958
ANNUAL RENEWALS UNDER RULE 5
PART B
No..................... Date....................
(1)
It is hereby certified that the above certificate of Registration has
been renewed for the year ending 31st December, 19.......
..................
Inspector
No.............. Date..............
(2)
It is hereby certified that the above certificate of Registration has
been renewed for the year ending 31st December, 19.......
.................
Inspector
No.............. Date.........................
(3)
It is hereby certified that the above certificate of Registration has
been renewed for the year ending 31st December, 19.......
..................
Inspector
No.............. Date..............
(4)
It is hereby certified that the above certificate of Registration has
been renewed for the year ending 31st December, 19.......
..................
Inspector
No.............. Date......................
(5)
It is hereby certified that the above certificate of Registration has
been renewed for the year ending 31st December, 19.......
.........................
Inspector
FORM D
[See Rule 7]
NOTICE OF CHANGE
Name of the Establishment already registered with full address and name
of the Employer/Proprietor/Manager..........................
Registration Mark and Number......................
To
The Inspector under the M.P. Shops and Establishments Act, 1958
Sir,
Notice is hereby given that the following change
has taken place in respect of information forwarded to you in Form 'A'. The
Registration Certificate is forwarded herewith to be returned after recording
the necessary changes :
1..........................
2..........................
3..........................
4..........................
5..........................
6..........................
Place.....................
Date...................... ........................
Signature of the Proprietor Manager/ Partner/Secretary/Managing Director
or a person in charge.
FORM E
[See Rule 8(1)]
NOTICE OF CLOSURE
To,
The Inspector of Shops and Establishments, Madhya Pradesh
Sir,
Please note that my Establishment, the Registration
mark and number of which is.....................has been closed/will be closed
from....................for the reason.................The certificate of
registration is surrendered herewith for cancellation.
Place............... ......................
Date............... Signature of employer with name and address of the
establishment.
FORM F
[See Rule 11(1)]
CASH RECEIPT
Received a sum of Rs. 10/- (Rs. Ten only) from
Shri.................................
s/o.....................................resident
of..............................as a deposit by way of security for the return
of seized goods/in consideration that his goods may not be seized for
contravention of the provisions of Section 10 (1) of the Madhya Pradesh Shops
and Establishments Act, 1958.
.........................................
Inspector of Shops and Establishments, Madhya Pradesh.
Date................
Time............... ..................................
Place............ Signature of Depositor
Note : The depositor shall prefer his claim for
refund only after the case has been finally disposed of.
FORM G
[See Rule 11 (2)]
SEIZURE MEMO (PART A)
In exercise of the powers conferred on me under sub-section (2) of
Section 10 of the Madhya Pradesh Shops and Establishments Act, 1958. I hereby
seize the goods of the following .....................................
description belonging to Shri ........................................ S/o
.............................. resident of .................................
who has been detected hawking the said goods in contravention of the provisions
of Section 10 (1) of the Madhya Pradesh Shops and Establishments Act, 1958.
PARTICULARS OF GOODS SEIZED
................................
................................
................................
Date......................
Time......................
Place.....................
Witness
1.........................
2.........................
....................................
Inspector of Shops and Establishments, Madhya Pradesh.
DELIVERY MEMO
[Supradnama............Part B]
The goods seized with the description as given under Seizure Memo No.
............................dated...............................as hereby
delivered to their owner
Shri......................................S/o.......................resident
of......................
Date..................
Time................. ...................................
Place.................. Inspector of Shops and
Establishments, Madhya Pradesh.
Received the said mentioned goods ...................................
(Name of the owner of goods with signature and date.)
FORM H
[See Rule 12]
FORM OF CERTIFICATE
I hereby certify that I have personally examined (name)…......................
residing at…..............................and that he/she has completed his/her
twelfth/ seventeenth year.
His/Her personal marks of identification are…..................................
Medical Practitioner
….........................
Thumb impression
Or
…............................
Signature of the person examined Registration No….....................
Place….......................
Date…........................
FORM I
[See Rules 13(1) and 20 (4)]
REGISTER OF LEAVE
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Privilege Leave
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Accumulated balance brought forward from previous year.
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Number of days leave applied for
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Leave granted
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Balance of leave carried
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If leave refused amount of leave and date and reason of refusal
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From (date)
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To (date)
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From (date)
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To (date)
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(1)
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(2)
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(3)
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(4)
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(5)
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Name and address of employer/establishment Account for the year.........
Occupation...............
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Date of entry into service..................
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Casual leave
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Leave salary paid
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Leave salary paid to discharged employee or on his quitting employment
after having applied for and having been refused leave.
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Due number of days
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Availed of
(Number of days with dates).
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Balance (number of days.)
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Advance of return
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Date of discharge, etc.
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Date and amount of payment made in respect of leave
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(6)
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(7)
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(8)
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(9)
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(10)
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Note : A separate page should be allotted in the
register in respect of each employee.
FORM J
[See Rule 13 (2)]
LEAVE BOOK
Same form as of the register of leave but a separate book shall be made
for each employee on a thick bound sheets.
FORM K
[See Rule 13 (3)]
REGISTER OF ENTERING REFUSAL OF LEAVE
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Serial No.
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Date of receipt of complaint
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Name of the employee reporting
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Name and address of the employer
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Name of the establishment and its postal address
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(1)
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(2)
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(3)
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(4)
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(5)
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Particulars of leave refused
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Date of refusal with reasons.
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Leave due
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Remarks (as to disposal)
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Nature and period of leave applied for
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Date of application
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(6)
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(7)
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(8)
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(9)
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(10)
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[form k-1]
[See sub-rule (3) of Rule 14-A]
NOTICE TO EMPLOYER/NON-APPLICANT UNDER CLAUSE (B) OF SUB-SECTION (2) OF
SECTION 58 OF THE MADHYA PRADESH SHOPS AND
ESTABLISHMENTS ACT, 1958 (NO. 25 OF 1958)
Appeal No.......................
.....................(Appellant (employee)
Vs.
..................... Non-Appellant (employer)
Shri.........................................has submitted an appeal
before me under clause (a) of sub-section (2) of Section 58 of the Madhya
Pradesh Shops and Establishments Act, 1958 against the order of his
discharge/dismissal/ retrenchment No................. dated ................ A
copy of appeal is enclosed herewith. The date of hearing of the appeal has been
fixed on................ month .................. 198 at............a.m./p.m.
in my office. You are hereby requited to appear personally or through your
pleader or any person specially authorised to act on your behalf, before me to
answer the claims. If you or any other person aforesaid do not appear on the
said date, the case will be decided ex parte.
You are also hereby informed to produce all the documents and witnesses
which you want to prefer in support of your defence, by the said date of
hearing.
Issued this.........................day of..................under my
hand and seal.
Appellate Authority.
FORM K-2
[See sub-rule (3) of Rule 14-A]
NOTICE TO APPELLANT UNDER CLAUSE (B) OF SUB-SECTION (2) OF SECTION 58 OF
THE MADHYA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1958
(No. 25 of 1958)
Appeal No.........................
..........................(Appellant (employee)
Vs.
.....................Non-Appellant (employer)
The appeal filed by you against the order of discharge/dismissal/
retrenchment No.........................dated....................has been fixed
on................ day of.................... 19 at a.m./p.m. You are hereby
required to appear personally or through your pleader or any other person
specially authorised to act on your behalf before me to prove your claims. If
you or any of your representatives aforesaid do not appear on the said date,
the case will be decided ex parte.
You are also hereby informed to produce all witnesses and documents
which you want to prefer in support of your claims, by the said date of
hearing.
Issued this................day of................under my hand and seal.
.....................................
Appellate Authority.]
[FORM K-3
[See Rule 15 (2)-D]
Name and address of the employer........................
Place of work.................Nature of work...............
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Being done by the Establishment...........................
s.
No.
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Employees name and father's name
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Date of joining the establishment
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Date of medical examination
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Remark
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(1)
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(2)
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(3)
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(4)
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(5)
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...............................................
Signature of the Employer.]
FORM L
[See Rule 15(1)]
REGISTER SHOWING DATES OF LIME-WASHING, ETC.
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Parts of the establishment i.e.
name of room
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Parts lime-washed, colour-washed, painted or
varnished e.g. wall, ceilings, wood-work etc.
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Treatment (whether lime-washed, colour washed, painted or varnished)
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(1)
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(2)
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(3)
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Date on which lime washing, colour washing or varnishing was carried
out
(according to English Calendar)
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Signature of the employer or Manager
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Remarks
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(4)
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(5)
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(6)
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FORM M
[See Rule 19]
INSPECTION NOTE
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1.
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Name and address of establishment
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........................
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2.
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Registration mark and number
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.......................
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3.
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Name of the employer
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.......................
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4.
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Class of establishment
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........................
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5.
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Date and time of inspection
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........................
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Remarks
Defects found and directions and orders issued.
1[form n
[See Rules 20 (1) and 21 (2)]
REGISTER OF EMPLOYEES ATTENDANCE, WAGES, OVERTIME,
FINE OR OTHER DEDUCTIONS ETC.
Name and/or the address of the Establishment..............
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For the month of......................Year...............
1.
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Name of Employee
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..................
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2.
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Father's/Husband's name
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.................
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3.
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Age
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...................
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4.
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Address of the Employer
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...................
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5.
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Nature of Employment
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....................
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6.
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Rate of wages (State whether daily, monthly or piece rated)
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...................
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7.
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Wage period
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.....................
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8.
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Date of appointment
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......................
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9.
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Date of discharge
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....................
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Date
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Time at which employment commenced
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Intervals for rest or meals if any
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Time at which employment
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From
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To
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ceased
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(1)
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(2)
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(3)
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(4)
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(5)
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1 to 31
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Over-time work if any
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Wages Earned
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Total
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From Hours
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To Hours
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OT Worked in Hrs.
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Basic
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DA
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OT
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(6)
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(7)
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(8)
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(9)
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(10)
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(11)
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(12)
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1 Subs. by Notfn. No. 305-1954-XVI, dated 2-5-1972.
Advance Amount Advanced
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Amount recovered
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Balance
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Fine (Details to be given in remarks col.)
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Amount
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Date
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(13)
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(14)
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(15)
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(16)
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(17)
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1 to 31
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Deductions (Details to be given in remarks col.)
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Net amount
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Signature or thumb impression of employee
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Remarks
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(18)
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(19)
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(20)
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(21)
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Signature or Thumb Impression of Signature of the Employer employee for
receipt of a wages along with date.
FORM O
[See Rule 20 (2)]
NOTICE OF HOLIDAY TO EMPLOYEES
Name of the establishment............
Address..............................
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The following persons employed in this Shop/Commercial
establishment/restaurant or eating house/residential hotel/theatre/or place
of public amusement shall be given a holiday on the day mentioned against
their names in the week following the date of this notice and until further
change is notified :
Serial No.
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Name of employee
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Day on which holiday allowed
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1
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2
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3
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4
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5
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Dated...................... ........................................
Signature of the employer
Note : (1) This notice should be prominently displayed on the premises
of the establishment.
(2) The weekly holiday of the employees shall ordinarily, not to be
altered more often than once in three months.
FORM P
[See Rule 20 (3)]
NOTICE OF PERIODS OF WORK
Daily periods of work of employees commencing from......19.....
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Name of the employer of........................Description of
establishment .....................Department (if applicable)
Name of the
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Whether young person or not
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Day
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employees
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Employment to commence
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Interval for meals and rest
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Employment to cease
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(1)
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(2)
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(3)
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(4)
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(5)
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Signature of the employer
Dated...................
Note : (1) This notice must be exhibited not later
than the closing hour on the Saturday preceding the first week in which it is
to take effect and must continue to be exhibited while it is in force, in such
a manner that it may be readily seen or read by any person whom it affects.
(2) The hours to be specified in this notice shall
be the hours to be worked exclusively of overtime.
(3) The entries under the hearing "Intervals
for meals and rest" shall be the actual hours at which intervals are to
begin and end (e.g. 1 p.m. to 2 p.m.).
FORM Q
[See Rule 20 (5)]
NOTICE OF CLOSED DAY OR AN ALTERATION IN CLOSED DAY
(1)
Name of the shop or commercial establishment...............
(2)
Address....................................................................................
(3)
Registration mark and
No....................................................
Notice is hereby given that with effect
from...............................the above shop/commercial establishment
shall *(i) observe...........................as the closed day *(ii)
observe...............................as closed day instead
of...........................as previously notified.
.............................................
Signature of the Employer
Copy forwarded to the Inspector of Shops and Establishments
...................................for information.
Date.......................... ..........................
Signature of the Employer
* Delete the item inapplicable.
FORM R
[See Rule 20 (6)]
NOTICE OF SUBSTITUTION OF WEEKLY HOLIDAY ON ACCOUNT
OF PUBLIC FESTIVAL
Name of the Shop/Commercial Establishment.......................
|
Name of the
employer................................................................
Usual weekly holiday
|
Date on which the said weekly holiday falls
|
Day and date to be observed as a weekly holiday in substitution.
|
|
(1)
|
(2)
|
(3)
|
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Forwarded to the Inspector, Shops and Establishments ........... for
information.
..........................
Signature of the employer
Note : Whenever such a notice has been given a copy
thereof should be displayed on the premises for inspection.
....................
Signature.