MAHARASHTRA
SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE)
ACT, 2017 THE MAHARASHTRA SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT
AND CONDITIONS OF SERVICE) ACT, 2017 [Act No. 61 of 2017] [07th September, 2017] An Act to
provide for the regulation of conditions of employment and other conditions of
service of workers employed in shops, residential hotels, restaurants, eating
houses, theatres, other places of public amusement or entertainment and other
establishments and for matters connected therewith or incidental thereto. WHEREAS it is expedient to
provide for the regulation of employment and other conditions of service of
workers employed in shops, residential hotels, restaurants, eating houses,
theatres, other places of public amusement or entertainment and other
establishments and for matters connected therewith or incidental thereto; it is
hereby enacted in the Sixty-eighth Year of the Republic of India as follows:-- (1) This Act
may be called the Maharashtra Shops and Establishments (Regulation of
Employment and Conditions of Service) Act, 2017. (2) It
extends to the whole of the State of Maharashtra. (3) The
provisions of this Act, except section 7, shall apply to the establishments
employing ten or more workers and the provisions of section 7 shall apply to
the establishments employing less than ten workers. (4) It shall
come into force on such date as the State Government may by notification in the
Official Gazette appoint. In this Act, unless the
context otherwise requires,-- (1) "Chief
Facilitator" means the Chief Facilitator appointed as such under section
28 of this Act; (2) "day"
means the period of twenty-four hours beginning at midnight; (3) "employer"
means a person owning or having ultimate control over the affairs of an
establishment, and includes,-- (i) in the
case of a firm or association of individuals, a partner or members of the firm
or association; (ii) in the
case of a company, a director of the company; (iii) in the
case of an establishment owned or controlled by the Central Government or a
State Government or any local authority, the person or persons appointed to
manage the affairs of such establishment by the Central Government or the State
Government or the local authority, as the case may be; (4) "establishment"
means an establishment which carries on, any business, trade, manufacture or
any journalistic or printing work, or business of banking, insurance, stocks
and shares, brokerage or produce exchange or profession or any work in
connection with, or incidental or ancillary to, any business, trade or
profession or manufacture; and includes establishment of any medical
practitioner (including hospital, dispensary, clinic, polyclinic, maternity
home and such others), architect, engineer, accountant, tax consultant or any
other technical or professional consultant; and also includes a society
registered under the Societies Registration Act, 1860 (21 of 1860), and a
charitable or other trust, whether registered or not, which carries on, whether
for purposes of gain or not, any business, trade or profession or work in
connection with or incidental or ancillary thereto; and includes shop,
residential hotel, restaurant, eating house, theatre or other place of public
amusement or entertainment; to whom the provisions of the Factories Act, 1948
(63 of 1948) does not apply; and includes such other establishment as the State
Government may, by notification in the Official Gazette, declare to be an
establishment for the purposes of this Act; (5) "Facilitator"
means a Facilitator appointed under section 28 of this Act; (6) "Factory"
means any premises which is a factory within the meaning of clause (m) of
section 2 of the Factories Act, 1948 (63 of 1948) or which is deemed to be a
factory under section 85 of the said Act; (7) "holiday"
means a day on which a worker shall be given a weekly off under the provisions
of this Act; (8) "leave"
means a leave provided for in Chapter IV of this Act; (9) "local
area" means any area or combination of areas to which this Act applies; (10) "local
authority" means the Municipal Corporation of Brihan Mumbai constituted or
deemed to have been constituted under the Mumbai Municipal Corporation Act (III
of 1888), Corporations constituted or deemed to have been constituted under the
Maharashtra Municipal Corporations Act (LIX of 1949) and the Municipal Councils
constituted or deemed to have been constituted under the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of
1965), and includes any other body which the State Government may, by
notification in the Official Gazette, declares to be a local authority for the
purposes of this Act; (11) "Manager"
means a person mentioned in the application under section 6 of this Act; (12) "member
of the family of an employer" means the wife, husband, son, daughter,
father, mother, brother or sister of an employer who lives with and is
dependent on such employer; (13) "opened"
means opened for the service of any customer, or for any business of the
establishment, or for work, by or with the help of any worker of or connected
with the establishment; (14) "period
of work" means the time during which a worker is at the disposal of the
employer; (15) "prescribed"
means prescribed by rules made under this Act; (16) "prescribed
authority" means the Commissioner of Labour for the purposes of this Act; (17) "register
of establishment" means a register maintained for the registration of
establishments under this Act, either manually or in electronic format; (18) "registration
certificate" means a certificate of the registration of an establishment; (19) "residential
hotel" means any premises used for the reception of guests and travellers
desirous of dwelling or sleeping therein and includes residential club; (20) "restaurant
or eating house" means any premises, in which, wholly or principally the
business of the supply of meal or refreshments to the public or a class of the
public for consumption on the premises is carried on; (21) "shop"
means any premises where goods are sold, either by retail or wholesale or where
services are rendered to customers, and includes an office, a store-room,
godown, warehouse or work place, whether in the same premises or otherwise,
mainly used in connection with such trade or business, but does not include a
factory; (22) "spread
over" means the period between the commencement and the termination of the
work of a worker on any day; ? (23) "theatre"
includes any premises intended principally or wholly for the exhibition of
pictures or other optical effects by means of a cinematograph or other suitable
apparatus or for dramatic performances or for any other public amusement or
entertainment; ? (24) "wages"
means wages as defined in the Payment of Wages Act, 1936 (4 of 1936); (25) "week"
means the period of seven days beginning at midnight of Saturday; (26) "worker"
means any person (except an apprentice under the Apprentices Act, 1961) (52 of
1961) employed to do any manual, unskilled, skilled technical, operational or
clerical work for hire or reward, whether the terms of employment be express or
implied. The provisions of this Act
shall not apply to,-- (1) Establishments
of the Central and State Government; (2) Establishments
of Local Authorities; (3) Establishment
of Mumbai Port Trust; (4) Establishment
of Railway Administration; (5) Offices
of Reserve Bank of India; (6) Offices
of the Trade Commissioner and of Consular officers and other Diplomatic
representatives of Foreign Government; ? (7) Offices
of Air Service Companies; (8) Establishments
used for treatment or care of infirm, destitute or mentally unfit; (9) Establishments
pertaining to any kind of educational activities (excepting those where
coaching or tuition classes are conducted by individual persons or any
institutions other than those,-- (a) affiliated
to any university established by law, or (b) recognised
by the Divisional Boards under the Maharashtra Secondary and Higher Secondary
Education Boards Act, 1965 (Mah. XLI of 1965), or (c) recognised
by the Directorate of Education or the Directorate of Technical Education as a
private secondary or technical high school, Industrial Training Institute
(I.T.I.), Polytechnic, Engineering Colleges or other technical institutions
conducting courses recognised by Government); (10) High
Court Law Libraries and other Courts Law Libraries; (11) A worker
occupying position of confidential, managerial or supervisory character in an
establishment, a list of which shall be displayed on the website of
establishments and in absence of the website at a conspicuous place in the
establishment and a copy thereof shall be sent to the Facilitator; (12) A worker
whose work is inherently intermittent; (13) A member
of the family of an employer. (1) Notwithstanding
anything contained in this Act, the State Government may, by notification in
the Official Gazette, declare any establishment or class of establishments to
which, or any worker or person or class of workers or 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 worker or a person or class of
workers or persons to which or whom this Act or any provisions thereof with
such modifications or adaptations as may in the opinion of the State Government
be necessary 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 worker or person or class of workers or persons shall be
deemed to be an establishment or class of establishments to which, or to be a
worker or a person or class of workers or persons to whom, this Act, applies
and all or any of the provisions of this Act with such modification or
adaptation as may be specified in such declaration, shall apply to such
establishment or class of establishments or to such worker or persons or class
of workers or persons. The State Government may,
by notification in the Official Gazette, suspend the operation of all or any of
the provisions of this Act for such period and subject to such conditions as it
deems fit on account of any holidays or occasions. (1) Within a
period of sixty days from the date of commencement of this Act or the date on
which establishment commences its business, the employer of every establishment
employing ten or more workers shall submit application online in a prescribed
form for registration to the Facilitator of the local area concerned, together
with such fees and such self-declaration and self-certified documents as may be
prescribed, containing? (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
actual nature of the business of the establishment; and (e) such
other particulars as may be prescribed: Provided that, nothing
contained hereinabove shall apply to the establishments already having valid
registration or renewal under the Maharashtra Shops and Establishments Act (
LXXIX of 1948) until expiry of their registration or renewal. (2) On
receipt of the application along with documents and the fees online, the
Facilitator shall, register the establishment in the register of establishments
in such manner as may be prescribed and shall issue online, in a prescribed
form, a registration certificate along with the Labour Identification Number
(LIN) to the employer within the prescribed time limit. The Facilitator shall
verify the correctness of the application and documents attached thereto within
such time as may be prescribed. The registration certificate shall be produced
whenever it is demanded by the Facilitator. (3) A
registration certificate granted under sub-section (2) shall be valid for such
period as may be requested by the applicant and specified therein subject to a
maximum period of ten years. An application for the renewal of a registration
certificate shall be submitted online not less than thirty days before the date
of expiry of the registration certificate or of the renewed registration
certificate, as the case may be, and shall be accompanied by such fees, and the
renewed registration certificate shall be in such form, as may be prescribed. (4) If the
application for the renewal of a registration certificate is submitted after
the expiry of the period specified in sub-section (3) but within thirty days
after the date of expiry of the registration certificate or of the renewed
registration certificate, as the case may be, such application shall be
accompanied by an additional fee as late fee equal to half of the fee payable
for the renewal of a registration certificate. (5) In the
event of any doubt or difference of opinion between an employer and the
Facilitator with respect to any provisions of this Act, the Facilitator shall
refer the matter to the prescribed authority which shall, after inquiry as it
thinks proper, decide the matter and its decision shall be final for the
purposes of this Act. (1) Within a
period of sixty days from the date of the commencement of this Act or the date
on which establishment commences its business, the employer of every establishment
employing less than ten workers shall give an intimation of having commenced
the business to the Facilitator in whose jurisdiction the establishment is
located by submitting online application, in a prescribed form, together with
such self-declaration and self-certified documents, as may be prescribed
containing details such as name of the employer and manager, name of
establishment, nature of business, number of workers and such other details as
may be prescribed. The Facilitator shall issue to the employer of such
establishment a receipt of intimation in such form and manner as may be
prescribed. The details of the intimation receipt shall be recorded online in a
register maintained in such form as may be prescribed: Provided that, if at any point
of time the number of workers engaged in the establishment become ten or more,
then all provisions of this Act shall apply to such establishment and the
employer of such establishment shall have to obtain registration as per the
provisions of section 6: Provided further that,
nothing contained in this sub-section shall apply to the establishments already
having valid registration or renewal under the Maharashtra Shops and
Establishments Act ( LXXIX of 1948) until expiry of their registration or
renewal. (2) The
employer of such establishment employing less than ten workers shall notify to
the Facilitator within thirty days from the date of the closing of the business
that the establishment has been closed for business in such form and manner as
may be prescribed. The Facilitator on receiving the information shall remove
the entry of such establishment from the register kept for that purpose. (3) Whoever,
contravenes the provisions of this section or rules framed there under shall be
punishable with a fine of rupees one thousand. At any time, if it is found
or brought to the notice of the Facilitator that the registration of any
establishment has been obtained by misrepresentation or suppression of material
facts or by submitting false or forged documents or false declaration or by
fraud, and therefore, requires to be revoked, the Facilitator shall, after
giving an opportunity of being heard, to the employer of the establishment,
cancel the registration and remove such establishment from the register of
establishments in the manner prescribed. It shall be the duty of
every employer to notify online to the Facilitator, in the prescribed form, any
change in any of the particulars contained in the application submitted under
section 6 within such period, after the change has taken place, as the State
Government may prescribe. The Facilitator shall, on receiving such notice and
the prescribed fees along with the self-declaration of the applicant and
self-certified documents as may be prescribed, make the change in the register
of establishments in accordance with such notice and shall issue a fresh
registration certificate online. The employer shall notify
to the Facilitator within thirty days from the date of closing of the business
that the establishment has been closed for business in such form and manner, as
may be prescribed. The Facilitator on receiving the information and on being
satisfied about its correctness shall remove such establishment from the
register of establishments and cancel the registration certificate: Provided that, if the
Facilitator does not receive the information but he is otherwise satisfied that
any establishment has been closed, he may remove such establishment from such
register of establishments and cancel such certificate. Notwithstanding anything
contained in this Act, the State Government may, fix, by notification in the
Official Gazette, in the public interest, such hours for opening and closing of
different classes of establishments and for different premises, shopping
complex or mall or for different area or areas and for different period. Subject to the other
provisions of this Act, no adult worker shall be required or allowed to work in
any establishment for more than nine hours in any day and forty-eight hours in
any week. No adult worker shall be asked to work continuously for more than
five hours unless he has been given a break of not less than half an hour: Provided that, the working
hours or weekly holiday may be relaxed in case of work of urgent nature with
the previous permission of the Facilitator. (1) No woman
worker shall be discriminated in the matter of recruitment, training, transfers
or promotion or wages. (2) No woman
worker shall be required or allowed to work in any establishment except between
the hours of 7 a.m. and 9-30 p.m.: Provided that, the woman
worker with her consent, shall be allowed to work during 9-30 p.m. and 7-00
a.m. in any establishment in which adequate protection of their dignity, honour
and safety, protection from sexual harassment and their transportation from the
establishment to the doorstep of their residence as may be prescribed are
provided by the employer or his authorised representative or manager or
supervisor. (3) Notwithstanding
anything contained in the preceding sub-sections, the State Government may, by
notification in the Official Gazette, in the public interest, prohibit or
regulate the employment of women workers after 9-30 p.m. and before 7-00 a.m.
in such shops, establishments, hotels, restaurants, residential hotels, permit
rooms, bars, spa-massage parlours, lodges or any business or any trade or
occupation in such area or areas as it may deem fit. The spread-over of a worker
in establishment shall not exceed ten and half hours in any day, and in case a
worker entrusted with intermittent nature of work or urgent work, the spread
over shall not exceed twelve hours. Where a worker in any
establishment is required to work beyond nine hours a day or forty-eight hours
a week, he shall be entitled, in respect of the overtime work, wages at the
rate of twice his ordinary rate of wages. The total number of overtime hours
shall not exceed one hundred and twenty-five hours in a period of three months. (1) (a) A
department or any section of a department of the establishment may work in more
than one shift at the discretion of the employer and if more than one shift is
worked, the worker may be required to work in any shift at the discretion of
the employer. (b) ??An establishment may be kept open for
business on all days in a week subject to the condition that every worker shall
be allowed weekly holiday of at least twenty-four consecutive hours of rest. (c) ??If a worker is denied weekly holiday, the
compensatory leave in lieu thereof shall be given within two months of such
weekly holiday. (d) ??The period and hours of work in a week for
all classes of workers in such shift shall be informed well in advance to all
workers in writing and shall be sent to the Facilitator electronically or
otherwise. (e) ??Where a worker is required to work on a day
of his rest, he shall be entitled to wages at the rate of twice his ordinary
rate of wages. (2) No
deduction shall be made from the wages of any worker in an establishment on
account of any day on which it has been a weekly holiday under this section. If
a worker is employed on a daily wage, he shall nonetheless be paid his daily
wage for the day of his weekly off. If a worker is paid a piece rated wage, he
shall nonetheless be paid his wage for the day of his weekly holiday, 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 holiday, exclusive of any
earning in respect of overtime: Provided that, nothing in
this sub-section shall apply to any worker whose total period of continuous
employment is less than six days. The employer of an
establishment shall furnish to every worker an identity card which shall be
produced by the worker on demand by Facilitator. 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 worker; (d) date of
joining, department, nature of work, designation; (e) the
signature (with date) of the employer or manager; (f) Blood
Group; (g) Aadhaar
Card Number. (1) Every
worker shall be allowed a weekly holiday with wages. (2) Every
worker shall be entitled to eight days casual leave with wages in every
calendar year which shall be credited into the account of the worker on a
quarterly basis, but shall laps if unavailed at the end of the year. (3) Every
worker who has worked for a period of two hundred and forty days or more in an
establishment during a calendar year shall be allowed during the subsequent
calendar year, leave with wages for a number of days calculated at the rate of
one day for every twenty days of work performed by him during the previous
calendar year. (4) Subject
to the provision of clause (3) every worker, who has been employed for not less
than three months in any year, shall for every sixty days on which he has
worked during the year be allowed leave, consecutive or otherwise, for a period
of not more than five days. (5) Every
worker shall be permitted to accumulate earned leave upto a maximum of
forty-five days. (6) Where the
employer refuses to sanction the leave under sub-section (3) which is due when
applied fifteen days in advance, then the worker shall have a right to encash
leave in excess of forty-five days: Provided that, if a worker
is entitled to leave other than causal and festival leave under this section,
is discharged by his employer before he has been allowed the leave, or if,
having applied for and having been refused the leave, he quits his employment
on account of retirement, resignation, death or permanent disability, the
employer shall pay him full wages for the period of leave due to him. (7) A worker
shall be entitled to eight paid festival holidays in a calendar year, namely,
26th January, 1st May, 15th August and 2nd October and four such other festival
holidays as may be agreed to between the employer and the workers as per the
nature of business, before the commencement of the year. For holiday on these
days, he shall be paid wages at a rate equivalent to the daily average of his
wages (excluding overtime), which he earns during the month in which such
compulsory holidays falls: Provided that, the employer
may require any worker to work in the establishment on all or any of these
days, subject to the conditions that for such work the worker shall be paid
double the amount of the daily average wages and also leave on any other day in
lieu of the compulsory holiday. (8) For the
purpose of sub-section (3),-- (a) any days
of lay-off, by agreement or contract or as permissible under the model standing
orders or standing order certified under Industrial Employment (Standing
Orders) Act, 1946 (26 of 1946); (b) in the
case of a woman worker, maternity leave as provided for in the Maternity
Benefits Act, 1961 (53 of 1961); (c) the leave
earned in the year prior to that in which the leave is availed; or (d) the
worker has been absent due to temporary disablement caused by accident arising
out of and in the course of his employment, shall be deemed to be days on which
the worker has worked in any establishment for the purpose of computation of
the period of two hundred and forty days or more, but shall not earn leave for
these days. (9) The leave
admissible under this section shall be exclusive of all holidays whether
occurring during or either at the end of the period of leave. (10) Every
worker shall be paid for the period of his leave earned under sub-sections (3)
and (4) at a rate equivalent to the daily average of his wages for the days on
which he actually worked during the preceding three months, exclusive of any
earnings in respect of overtime. (1) Every
employer shall take such measures relating to the health and safety of the
workers including cleanliness, lighting, ventilation and prevention of fire as
may be prescribed. (2) Every
employer shall be responsible for providing constant adequate supervision of
the workers employed in the establishment and to ensure the compliance with the
rules relating to health and safety made under subsection (1) and for taking
steps necessary to prevent accidents. Every employer shall
provide at the place of work first-aid facilities as may be prescribed. The employer shall make
effective arrangements to provide and maintain at suitable points conveniently
situated for all persons employed in the establishment, a sufficient supply of
wholesome drinking water. The employer shall provide
sufficient latrine and urinal for men and women as may be prescribed and these
shall be so conveniently situated as may be accessible for the workers employed
in the establishment: Provided that, several
employers may provide common facilities of latrines and urinals, in case it is
not possible, in an establishment due to constraint in space or otherwise. In every establishment wherein
fifty or more workers are employed, there shall be provided and maintained a
suitable room or rooms as cr?che for the use of children of such workers: Provided that, if a group
of establishments, so decide to provide a common cr?che within a radius of one
kilometre, then, the same shall be permitted by the Chief Facilitator, subject
to such conditions as may be specified in the order. The State Government shall
require the employer to provide and maintain in the establishment, wherein not
less than one hundred workers are employed or ordinarily employed to maintain a
canteen for the use of its workers: Provided that, if a group
of establishments, so decide to provide a common canteen, then the same shall
be permitted by the Chief Facilitator by an order, subject to such conditions
as may be specified in the order. (1) Every
employer shall maintain such registers and records, as may be prescribed. (2) The
records may be maintained electronically or manually: Provided that, at the time
of inspection by a Facilitator, a hard copy of such records if demanded, shall
be submitted duly signed by the employer or his representative. (3) Every
employer and in his absence the manager shall on demand produce for inspection
of Chief Facilitator and Facilitators all registers, records and notices
required to be kept under and for the purposes of this Act. (4) All such
registers and records shall be kept in the premises of the establishments to
which they relate. The employer of an
establishment shall furnish an annual return, in such a form and in such manner
(including electronic form), to such authority as may be prescribed. Notwithstanding anything
contained in this Act, the State Government may, from time to time, by
notification in the Official Gazette, without the necessity of giving any
further notice or reasons, declare that any local authority or authorities or
class of local authorities specified in such notification shall perform the
duty of enforcing the provisions of this Act from a date specified in that
notification. From such date, it shall be the duty of that local authority to
enforce the provisions of the Act, in respect of the areas subject to the
jurisdiction of such local authorities, subject to such supervision of the
State Government, as may be prescribed. (1) The State
Government may, by notification in the Official Gazette, appoint a Chief
Facilitator who shall, in addition to the powers conferred on a Chief Facilitator
under this Act, exercise the powers of a Facilitator throughout the State. (2) The State
Government may, by notification in the Official Gazette, appoint such persons
who possess such qualification as may be prescribed, to be the Facilitator or
Facilitators, for the purposes of this Act, and may assign to them such local
limits as it may think fit. (3) The State
Government may prescribe a scheme for randomize inspection of establishments
which shall provide for generation of a web-based inspection schedule. (4) Subject
to such conditions as may be prescribed, a Facilitator may, within the local
limits for which he is appointed-- (i) ???advice the employers and workers and provide
them such information as may be considered necessary for complying with the
provisions of this Act effectively; (ii)?? ?inspect the establishment in accordance with
the scheme for inspection referred to in sub-section (3), and may-- (a) enter, at
all reasonable time and with such assistants, if any, being persons in the
service of the Government or of any local authority as he thinks fit, any place
which is or which he has reason to believe is an establishment; (b) make such
examination of the premises and of any prescribed registers, records and
notices, and take on the spot or otherwise evidence of any persons as he may
deem necessary for carrying out the purposes of this Act; (c) examine
any person who is found in any premises of the establishment and whom, the
Facilitator has reasonable cause to believe, is a worker of the establishment; (d) require
any person to give any information, which is in his power to give with respect
to the names and addresses of the persons; (e) search,
seize or take copies of such register, record of wages or notices or portions
thereof as the Facilitator may consider relevant in respect of an offence under
this Act and which the Facilitator has reason to believe has been committed by
the employer; ? (f) bring to
the notice of the State Government defects or abuses not covered by the law for
the time being in force; and (g) exercise
such other powers, as may be prescribed: Provided that, no person
shall be compelled under this section to answer any question or give any
evidence tending to incriminate himself. (5) The Chief
Facilitator shall apart from exercising all the powers and functions of the
Facilitator control and supervise the functioning of the Facilitator and may
assign or reassign the area of work of the Facilitator subject to the
jurisdiction of the local area. (6) Any
person required to produce any document or to give any information required by
Chief Facilitator and Facilitator appointed under sub-sections (1) and (2)
shall be deemed to be legally bound to do so within the meaning of sections 175
and 176 of the Indian Penal Code (45 of 1860). (7) The
provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as
may be, apply to the search or seizure under sub-clause (e) of clause (ii) of
sub-section (4) as they apply to the search or seizure made under the authority
of a warrant issued under section 94 of the said Code. (8) Every
Chief Facilitator and Facilitators appointed under sub-sections (1) and (2)
shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code (45 of 1860). (1) Whoever,
contravenes the provisions of this Act or the rules made there under shall be
punishable with fine which may extend to one lakh rupees and in the case of a
continuing contravention, with an additional fine which may extend to two
thousand rupees for every day during which such contravention continues: Provided that, the total
amount of fine shall not exceed two thousand rupees per workers employed. (2) If any
person who has been convicted of any offence punishable under sub-section (1)
is again guilty of an offence involving a contravention or failure of
compliance of the same provision, he shall be punished on a subsequent
conviction with fine which may extend to two lakh rupees: Provided that, the total
amount of fine shall not exceed two thousand rupees per workers employed. Save as otherwise expressly
provided in this Act, where an employer on being held guilty of contravention
of any of the provisions of this Act or any rules made thereunder which has
resulted in an accident causing serious bodily injury or death of a worker, he
shall, on conviction, be punished with imprisonment which may extend to six
months, or with fine which shall not be less than two lakh rupees and which may
be extended to five lakh rupees, or with both. (1) Whoever,
wilfully obstructs the Facilitator in exercise of any powers conferred on him
by or under this Act or refuses or wilfully neglects to afford a Facilitator
any reasonable facility for making any inspection, examination, inquiry or
investigation authorized by or under this Act in relation to an establishments,
shall, on conviction, be punished with fine which may extend to two lakh
rupees. (2) Whoever,
wilfully refuses to produce on the demand of a Facilitator any register or
other document kept in pursuance of this Act or the rules made thereunder or
prevents or attempts to prevent or does anything which he has reason to believe
to prevent any person from appearing before, or being examined by, a
Facilitator acting in pursuance of his duties under this Act, shall, on
conviction, be punished with fine which may extend to two lakh rupees: Provided that, total amount
of fine shall not exceed two thousand rupees per worker employed. (1) No Court
shall take cognizance of any offence punishable under this Act and the rules
made thereunder unless a complaint in respect thereof is made by the
Facilitator within three months of the date on which the alleged commission of
the offence came to the knowledge of the Facilitator: Provided that, where the
offence consists of disobeying a written order made by a Facilitator, complaint
thereof may be made within six months of the date on which the offence is
alleged to have been committed. (2) No Court
inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the
First Class shall try any offence punishable under this Act or the rules made
there under. (1) Any
offence punishable under this Act, not being an offence punishable with
imprisonment only, or with imprisonment and also with fine, may, on an
application of the accused person, either before or after the institution of
any prosecution, be compounded by a Gazetted Officer, as the State Government
may, by notification, specify, with fine provided for such offence, in the
manner as may be prescribed. (2) Nothing
contained in sub-section (1) shall apply to an offence committed by a person
for the second time or thereafter within a period of five years from the date? (a) of
commission of a similar offence which was earlier compounded; (b) of
commission of similar offence for which such person was earlier convicted. (3) Every
officer referred to in sub-section (1) shall exercise the powers to compound an
offence, subject to the direction, control and supervision of the State
Government. (4) Every
application for the compounding of an offence shall be made in such form and
manner as may be prescribed. (5) Where any
offence is compounded before the institution of any prosecution, no prosecution
shall be instituted in relation to such offence, against the offender in
relation to whom the offence is so compounded. (6) Where the
composition of any offence is made after the institution of any prosecution,
such composition shall be brought by the officer referred to in sub-section (1)
in writing, to the notice of the Court in which the prosecution is pending and
on such notice of the composition of the offence being given, the person
against whom the offence is so compounded shall be discharged. (7) Any
person who fails to comply with an order made by the officer referred to in
sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of
the maximum fine provided for the offence, in addition to such fine. (8) No offence
punishable under the provisions of this Act shall be compounded except under
and in accordance with the provisions of this section. The State Government may,
by notification in the Official Gazette, exempt from the operation of all or
any of the provisions of this Act or rules, any establishment or class thereof
or any employer or worker or person or class of employers or workers or persons
to whom this Act applies for any period on such terms and conditions, as it may
thinks fit. Nothing in this Act shall
affect any right or privileges which a worker in any establishment is entitled
to at the date of commencement of this Act under any other law, contract,
custom or usage applicable to such establishment or any award, settlement or agreement
binding on the employer and the worker in such establishment, if such rights or
privileges are more favourable to him than those to which he would be entitled
under this Act. No suit, prosecution or
legal proceedings shall lie against any person for anything which is in good
faith done or intended to be done under this Act. (1) The State
Government may, by notification in the Official Gazette, make rules to carry out
the purposes of this Act. (2) All rules
made under this Act shall be subject to the condition of previous publication. (3) Every
rule made under this Act shall be laid, as soon as may be, after it is made,
before each House of the State Legislature, while it is in session for a total
period of thirty days, which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session in which it is so
laid or the session or sessions immediately following, both Houses agree in
making any modification in any rule or both Houses agree that the rule should
not be made, and notify their decision to that effect in the Official Gazette,
the rule shall, from the date of publication of such decision in the Official
Gazette, have effect only in such modified form or be of no effect, as the case
may be, so however that, any such modification or annulment shall be without
prejudice to the validity of anything previously done or omitted to be done
under that rule. (1) If any
difficulty arises in giving effect to the provisions of this Act, the State
Government may, as occasion arises, by an order published in the Official
Gazette, do anything not inconsistent with the provisions of this Act, which appears
to it to be necessary or expedient for the purposes of removing the difficulty: Provided that, no such
order shall be made after the expiry of the period of two years from the date
of commencement of this Act. (2) Every
order made under sub-section (1) shall be laid, as soon as may be, after it is
made, before each House of the State Legislature. On and from the date of
commencement of this Act (LXXIX of 1948), the Maharashtra Shops and Establishments
Act, shall stand repealed: Provided that,-- (a) every
appointment order, rule, bye-law, regulation, notification, registration or
notice made, issued or given under the provisions of the Act so repealed shall,
in so far as it is not inconsistent with the provisions of this Act, be deemed
to have been made, issued or given under the provisions of this Act, unless and
until superseded by any appointment, order, rule, bye-law, regulation,
notification or notice made, issued or given under this Act; (b) any
proceeding relating to the trial of any offence punishable under the provisions
of the Act so repealed shall be continued and completed as if the said Act had
not been repealed but had continued in operation and any penalty imposed on
such proceedings shall be recovered under the Act so repealed.
Preamble - MAHARASHTRA SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT
AND CONDITIONS OF SERVICE) ACT, 2017PREAMBLE