[Act No. 25 of 1958] [20th September, 1958] An Act to provide for the regulation of conditions of work
and employment in shops, commercial establishments, residential hotels,
restaurants; eating-houses, theatres, other places of public amusements or
entertainment and other establishments. Be it enacted by the Chhattisgarh Legislature in the Ninth
Year of the Republic of India as follows:- (1)
This Act may be called the
Chhattisgarh Shops and Establishments Act, 1958. (2)
It extends to the whole of
Chhattisgarh. (3)
It shall come into force
on such date[2] as
the Government may, by notification, appoint in this behalf. [3][(4) This Act shall apply in the first
instance to the local areas specified in Schedule I. The State Government may,
by notification, direct that all or any of the provisions of this Act shall
apply to any other local area as may be specified in the notification on such
date as may be fixed therein & different dates may be fixed for different
provisions of this Act and for different classes of establishments.] In this Act, unless there is anything repugnant in the
subject or context,- (1) "Apprentice" means a
person who is employed, whether on payment of wages or not, for the purpose of
being trained in any trade, craft, business or employment in any establishment; [4][(2) 'child' means a person who is
below fourteen years;] [5][(3) 'closed' means not open for the
service of any customer, or for any business of the establishment or for any
work connected with the establishment;] (4) 'Commercial establishment' means
an establishment which carries on any business, trade or profession or any work
in connection with, or incidental or ancillary to, any business, trade or
profession and includes- [6][(a) a society registered or deemed to
have been registered under the Chhattisgarh Societies Registration Act, 1959 (1
of 1960)[7] and
a charitable or other trust, whether registered or not, which carries on
whether for gain or not, any business, trade or profession or work in
connection with or incidental or ancillary to such business, trade or
profession;] (b) an establishment which carries on the
business of advertising, commission agency, forwarding or commercial agency or
which is a clerical department of a factory or of any industrial or commercial
undertaking; (c) an insurance company, joint stock company,
bank, broker's office and exchange; but does not include a factory, shop,
residential hotel, restaurant, eating-house theatre or other place of public
amusement or entertainment; (5) "day" means the period
of twenty-four hours beginning at midnight: Provided that in the case on an employee whose hours of
work extend beyond midnight, day means the period of twenty four hours
beginning when such employment commences irrespective of midnight; [8][(6) "employee" means a
person wholly or principally employed, whether directly or through any agency,
and whether for wages or other consideration, in or in connection with any
establishment, and include an apprentice, but does not include a member of the
employer's family;] (7) "employer" means a
person owning or having ultimate control over the affairs of an establishment
and includes the manager, agent or any other person acting in the general
management or control of such establishment; (8) "establishment" means a
shop, commercial establishment, residential hotel, restaurant, eating-house,
theatre, or other place of public amusement or entertainment to which this Act
applies and includes such other establishment of like nature as the Government
may, by notification, declare to be an establishment for the purposes of this
Act; (9) "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; (10) "goods" includes all
materials, commodities and articles; (11) "holiday" means a day
on which an establishment shall remain closed or on which an employee shall be
given a holiday under the provisions of this Act; (12) "Inspector" means an
Inspector appointed or deemed to be appointed under the Act, whether by name or
by virtue of office; (13) "Labour Commissioner"
means the person appointed as such by the Government and includes, for the
purposes of such provisions of the Act, and for such areas as the Government
may direct, an officer not below the rank of an Assistant Labour Commissioner; (14) "leave" means leave as
provided for in Chapter VII of this Act; (15) "Local authority" means
a municipal corporation or municipality constituted under any enactment in
force for the time being; (16) "manager" means a
person declared to be a manager under section 6; (17) "member of the family of an
employer" means the husband, wife, son, daughter, father, mother, brother
or sister of an employer who lives with and is dependent on such employer; [9](18) "opened" means opened
for the service of any customer or for any business of the establishment, or
for any work connected with the establishment; Explanation.- An establishment in the premises of which
people are present shall be presumed to be opened unless contrary is proved;] (19) "period of work" means
the time during which an employee is at the disposal of the employer; (20) "register of
establishment" means a register maintained for the registration of
establishments under this Act; (21) "registration
certificate" means a certificate showing the registration of an
establishment; (22) "residential hotel"
means any premises in which a bonafide business is carried on of supplying for
payment lodging or board and lodging to travellers and other members or class
of members of the public and includes a residential club; (23) "restaurant or
eating-house" means any premises in which is arrived on wholly or
principally the business of the supply of meals or refreshments to the public
or a class of the public for consumption on the premises, and includes a
Halwai's shop; but does not include a restaurant or a canteen attached to a
factory if the persons employed therein are allowed the benefits provided for
workers under the Factories Act, 1948 (63 of 1948); (24) "shop" means any
premises where goods are sold, either by retail or wholesale or both or where
services are rendered to customers, and includes an office, a store room,
godown, warehouse or workplace, whether in the same premises or otherwise used
in connection with such trade or business but does not include a factory, a
commercial establishment, residential hotel, restaurant, eating house, theatre
or other place of public amusement or entertainment or a shop attached to a
factory where the persons employed in the shop are allowed the benefits
provided for workers under the Factories Act, 1948 (63 of 1948); (25) "spread-over" means the
period between the commencement and the termination of the work of an employee
on any day; (26) "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
a dramatic performance or for any other public amusement or entertainment; (27) "wages" means wages as
defined in the Payment of Wages Act, 1936 (4 of 1936); (28) "week" means the period
of seven days beginning at midnight of Saturday; (29) "year" means a year
commencing on the first day of April; and (30) "young person" means a
person who is not child and has not completed his seventeenth year. (1)
Nothing in this Act shall
apply to-- [10][(a) persons occupying positions of
management and declared as such under clause (a) of sub-section (2) of section
6 or employed in a confidential capacity not exceeding ten per cent of the
total number of the employees in the establishment or three in number whichever
is less;] (b) persons whose work is inherently intermittent
such as traveller, canvasser, a watchman or a caretaker; (c) persons exclusively engaged in preparatory or
complementary work, such as clearing or forwarding clerks, responsible for the
despatch of goods by rail or other means of communication and for customs
formalities or messengers; (d) persons exclusively employed in the
collection, delivery or conveyance of goods; (e) offices of the Union or State Government or
of local authorities and of the Reserve Bank of India, the State Bank of India
and the Life Insurance Corporation; (f) establishment for the treatment or the care
of the sick, infirm, destitute or mentally unfit; (g) bazars, fairs or exhibition for the sale of works
for charitable or other purposes from which no profit is derived; (h) stalls and refreshment rooms at
railway stations, or railway dining cars;: [11][(i) xxx] (j) clubs not being residential clubs;
and (k) any other class of establishments or class of
persons which the Government may, by notification, exempt from the operation of
this Act: Provided that if in the opinion of the State Government the
circumstances existing in any particular class of cases hereinbefore mentioned
requires that all or any of the provisions of this Act should be extended
thereto, the State Government may, by notification, extend to such class of
cases all or any of the provisions of this Act and thereupon such provisions
shall apply to such class of cases. (2)
The Government may, by
notification, direct that any or all of the provisions of this Act shall,
subject to such terms and conditions as may be specified in such direction, not
apply to such classes of establishments or class of persons as may be specified
therein. (1)
Notwithstanding anything
contained in this Act, the Government may, by notification, declare any
establishment or class of establishments to which or any person or class of
persons to whom, this Act or any of the provisions thereof does not for the
time being apply, to be an establishment or class of establishments or a person
or class of persons to which or whom this Act or any provision thereof shall
apply from such date as may be specified in the notification. (2)
On such declaration under
sub-section (1), any such establishment or class of establishments or such
person or class of persons shall be deemed to be an establishment or class of
establishments to which, or to be an employee or class of employees to whom
this Act applies and all or any of the provisions of this Act, shall apply to
such establishment or class of establishments () or to such employee for class
of employees.][12] The Government may suspend by order notified in the
Gazette, 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
festivals or other special occasions. (1)
Every establishment to
which this Act applies shall be registered in accordance with the provision of
this section. (2)
Within thirty days from
the date on which this Act applies to an establishment, its employer shall send
to the Inspector of the area concerned a statement, in the prescribed form,
together with such fees, as may be prescribed containing-- [13][(a) the name of the employer, the
manager and the person holding positions of management, if any;] [14][(b) the postal address of, and the
date of starting the business by, the establishment;] (c) the name, if any, of the
establishment; (d) the category of the establishment,
i.e. whether it is a shop, commercial establishment, residential hotel,
restaurant, eating- house, theatre or other "place of public amusement or
entertainment; and (e) such other particulars, as may be
prescribed. (3)
On receipt of the
statement and the fees, the Inspector shall, on being satisfied about the
correctness of the statement, register the establishment in the register of
establishments in such manner as may be prescribed and shall issue, in the
prescribed form, a registration certificate to the employer. The registration
certificate shall be prominently displayed at the establishment. (4)
In the event of any doubt
or difference of opinion between an employer and the Inspector as to the
category to which an establishment should belong, the Inspector shall refer the
matter to the Labour Commissioner who shall, after such inquiry as he thinks
proper, decide the category of such establishment and his decision shall be
final for the purposes of this Act. (5)
The Government may, by
notification, require renewal of registration certificates issued under this
section at such intervals not being less than [15][five
years], and on payment of such fee as may be prescribed. (6)
The registration fee and
the renewal fee shall not exceed [16][two
hundred and fifty rupees] per establishment. It shall be the duty of an employer to notify to
the/Inspector, in the prescribed form, any change in respect of any information
contained in his statement under section 6 within seven days after the change
has taken place. The Inspector shall, on receiving such notice and on being
satisfied about its correctness, make the change in the register of the
establishments in accordance with such notice and shall amend the registration
certificate or issue a fresh registration certificate if necessary. The employer shall, within ten days of his closing the
establishment, notify to the Inspector in writing accordingly. The Inspector
shall, on receiving the information and being satisfied about its correctness,
remove such establishment from the register of establishment and cancel the
registration certificate. (1)
No shop or commercial
establishment shall on any day- (a)
be opened earlier than
such hour as may be fixed by the Government by a general or special order in
this behalf; (b)
be kept open later than
such hour as may be fixed by the Government by general or special order in this
behalf: Provided that any customer who was being served or was
waiting to be served at the closing hour so fixed in any shop may be served in
such shop during half hour immediately following such hour. (2)
The Government may fix
different opening or closing hours for different classes of shops and
commercial establishments or for different area or for different periods of the
year. (1)
No person shall carry on
in or adjacent to a street or a public place the sale of any goods before the
opening and after the closing hours fixed under section 9 for the shops dealing
in the same class of goods in the locality in which such street or public place
is situate: Provided that nothing in this section shall apply to the
sale of newspapers. [17][(2) Any person contravening the
provisions of sub-section (1) shall be liable to have his goods seized by an
Inspector. (3) The goods seized under sub-section (2) shall
be returned to the person from whom they were seized on his depositing
rupees [18][fifty]
as security for his appearance in the Court. (4) If the person fails to make the deposit, the
goods seized shall be produced without delay before a Court, who may give such
directions as to their temporary custody, as it thinks fit. (5) Where no prosecution is instituted for
contravention of the provisions of sub-section (1) within such period as the
Court may fix in this behalf the Court shall direct their return to the person
from whom they were seized. (6) Subject to the provisions of the preceding
sub-section, the provisions of Code of Criminal Procedure, 1898 (No. V of 1898)[19], shall
so far as they may be applicable, apply to the disposal of the goods seized
under this section.] [20][(1) (a) No employee in any shop or
commercial establishment shall be required or allowed to work for more then 48
hours in a week. (b) Subject to clause (a) no employee shall be required to
work-- (i)
in any shop, for more than
nine hours on any day; (ii)
in any commercial
establishment, for more than ten hours on any day.] (2) Any employee may be required or allowed to
work in a shop or commercial establishment for any period in excess of the
limit fixed under sub-section (1) if such period does not exceed [21][six]
hours in any week. (3) On not more than six days in a year, which
the Government may fix by rules made in this behalf, for purposes of making of
accounts, stock-taking, settlements or other prescribed occasions, any employee
may be required or allowed to work in a shop or commercial establishment in
excess of the period fixed under sub-section (1), if such excess period does
not exceed twenty-four hours. The spread-over of an employee in a shop or commercial
establishment shall not exceed twelve hours on a day: Provided that in cases where any shop or commercial
establishment is on any-day entirely closed for a continuous period of not less
than three hours, the spread-over shall not exceed thirteen hours on that day: Provided also that where an employee works on any day in
accordance with the provisions of sub-section (2) of section 11, the
spread-over shall not exceed fourteen hours on any such day and where he works
on any day in accordance with the provisions of sub-section (3) of the said
section, the spread-over shall not exceed sixteen hours, on any such day: Provided further that the Government may increase the
spread-over period subject to such conditions as it may think fit either generally
in the case of commercial establishments or in the case of a class of
commercial establishments. (1)
Every shop and commercial
establishment shall remain closed on one day of the week. The employer shall
fix such day at the beginning of the year, notify it to the Inspector and
specify it in a notice prominently displayed in a conspicuous place in the shop
or commercial establishment. The employer shall not alter such day more often
than once in three months, shall notify the alternation to the Inspector and
make the necessary change in the notice in the shop or commercial
establishment: [22][Provided that where any shop or
commercial establishment comes after the beginning of any year within the
purview of this Act, for the first time, the employer shall also fix such day
of the week on which the shop or commercial establishment shall remain closed
and notify it to the Inspector within one month of the date on which the shop
or establishment so comes within the purview of this Act]. (2)
If any day notified as
holiday under sub-section (1) happens to be a day of public festival, the
employer may keep the shop or commercial establishment open on such day but in
that event he shall keep the shop or commercial establishment closed on some
other day within three days before or after the date of such public festival
and give notice of the change to the Inspector at least seven clear days before
the day of such public festival. (3)
It shall not be lawful for
an employer to call an employee at, or for any employee to go to, his shop or
commercial establishment or any other place for any work in connection with the
business of his shop or commercial establishment on a day on which such shop or
commercial establishment remain closed. [23](3-A) Notwithstanding anything
contained in sub-section (1), the State Government or any officer authorised by
it in this behalf may, if it or he thinks fit so to do in public interest, by
notification, fix any day of the week to be the closed day in respect of all or
any class of shops or commercial establishments in any or all the local area or
part thereof, and the closed day so fixed shall be deemed to have been fixed
under sub-section (1): Provided that the employer shall have no right to alter the
closed day so fixed.] [24][(4) No deduction shall be made from
the wages of any employee in a shop or commercial establishment on account of
any day on which it has remained closed under this section. If any employee is
employed on daily wages he shall nonetheless be paid wages for the weekly
holiday equal to the average of daily wages earned by him during the preceding
six working days. If any employee is paid a piece rate wage, he shall
nonetheless be paid his wage for the day on which the shop or commercial
establishment remain closed at a rate equivalent to the daily average of his
wages for the days on which he has actually worked during the six days
preceding such closed day, exclusive of any earning is respect of overtime: Provided that nothing in this sub-section shall apply to
any person whose total period of continuous employment is less than six days.] (1)
Notwithstanding anything
contained in any other enactment for the time being inforce, no restaurants or
eating-houses shall on any day be opened earlier than 5 a.m. and be kept open
later than 1.30 a.m. for service: Provided that an employee in such restaurant or
eating-house may be required to commence work not earlier than 4.30 a.m. and
shall not be required to work later than 2 a.m.: Provided also that any customer who was being served or
waiting to be served at the closing hour of such restaurant or eating- house
may be served in such restaurant or eating-house during the half hour
immediately following such hour. (2)
Subject to the provisions
of sub-section (1), the Government may fix later opening or earlier closing
hours for different restaurants or eating-houses or for different areas or for
different periods of the year. (3)
Notwithstanding anything
contained in this section or any other enactment for the time being in force,
the Government may, by notification, fix for specific periods in a year on
festive or special occasions such opening and closing hours for different
restaurants or eating-houses or for different areas, as it thinks proper. Before and after the hours fixed for the opening and
closing of shops under section 9, no goods of the kind sold in such shops shall
be sold in any restaurant or eating-house except for consumption on premises. (1)
No employee in any
residential hotel, restaurant or eating-house shall be required or allowed to
work for more than forty eight hours in a week and nine hours in a day. (2)
Any employee may be
required or allowed to work in a residential hotel, or restaurant or
eating-house for any period in excess of the limit fixed under subsection (1)
if such additional period docs not exceed six hours in any week. (3)
Notwithstanding anything
contained in sub-sections (1) and (2), an employee may be required or allowed
to work in a residential hotel, restaurant or eating-house on the day which may
be notified under sub-section (3) or section 14 in excess of the period fixed
under sub-section (1) if such additional period does not exceed three hours on
any day.][25] The spread-over of an employee in a residential hotel,
restavirant or eating-house shall not exceed fourteen- hours: Provided that the Government may increase the spread-over
period subject to such conditions as it may impose on the days that may be
notified under sub-section (3) of section 14. (1)
Every employee in a
residential hotel, restaurant or eating-house shall be given at least one day
in a week as a holiday: Provided that nothing in this sub-section shall apply to an
employee whose total period of employment in any week is less than six days. (2)
It shall not be lawful for
an employer to call an employee at, or for an employee to go to, his
residential hotel, restaurant or eating-house or any other place for any work
in connection with the business of his residential hotel, restaurant or eating-house
on a day on which such employee has a holiday. (3)
No deduction shall be made
from the wages of any employee in a residential hotel, restaurant or
eating-house on account of any holiday given to him under subsection (I). If
any employee is employed on a daily wage, he shall nonetheless be paid wages
for the weekly holiday equal to the average of the daily wages earned by him
during preceding six working days. The employers shall furnish every employee in a residential
hotel, restaurant or eating-house an identity card which shall be kept by the
employee when on duty and shall be produced on demand by an Inspector. Such
card shall contain the following and such other particulars as may be
prescribed namely:- (a)
the name of the employer; (b)
the name, if any, and the
postal address, of the establishment; (c)
the name and age of the
employee; (d)
the hours of work, the
interval for rest, if any, and the holiday of the employee; (e)
the signature (with date)
of the employer; (f)
the identity mark of an
employee; and (g)
signature or thumb
impression of the employee.][26] Notwithstanding anything contained in any other enactment
for the time being in force, in theatre or other place of public amusement or
entertainment shall, on any day, be closed later than 1 a.m. After the hour fixed for the closing of shops under section
9, no goods of the kind sold in shop shall be sold in any theatre or other
place of public amusement or entertainment except for consumption on premises. (1)
No employee in a theatre
or other place of public amusement or entertainment shall be required or
allowed to work for more than forty eight hours in a week and nine hours in a
day. (2)
Any employee may be
required or allowed to work in a theatre or other place of public amusement or
entertainment for a period in excess of the limit fixed under sub-section (1)
if such additional period does not exceed six hours in any week.][27] The spread-over of an employee in a theatre or other place
of public amusement or entertainment shall not exceed twelve hours on any day: Provided that the Government may increase the spread-over
period subject to such conditions as it may impose whether generally or in the
case of a particular theatre or other place of public amusement or
entertainment. (1)
Every employee in a
theatre or other place of public amusement or entertainment shall be given at
least one day in a week as a holiday: Provided that nothing in this sub-section shall apply to an
employee, whole total period of employment in any week is less than six days. (2)
It shall not be lawful for
an employer to call an employee at, or for an employee to go to, his theatre or
other place of public amusement or entertainment or any other place for any
work in connection with the business of his theatre or place of public
amusement or entertainment on a day on which such employee has a holiday. (3)
No deduction shall be made
from the wages of an employee in a theatre or other place of public amusement
or entertainment on account of any holiday given to him under sub-section (1).
If any employee is employed on a daily wage he shall nonetheless be paid wages
for the weekly holiday equal to the average of the daily wages earned by him
during the preceding six working days. [28][The employer shall furnish every
employee in a theatre, or other places of public amusement or entertainment an
identity card which shall be kept by the employee when on duty and shall be
produced on demand by an Inspector. Such card shall contain the following and
such other particulars as may be prescribed, namely:- (a)
the name of the employer; (b)
the name, if any, and the
postal address of the establishment; (c)
the name and age of the
employee; (d)
the hours of work, the
interval of rest, if any, and the holiday of the employer; (e)
the signature (with date)
of the employer; (f)
the identity mark of an
employee; and (g)
signature or thumb
impression of the employee.] [29][CHAPTER VI EMPLOYMENT OF CHILDREN,
YOUNG PERSONS AND WOMEN. No child shall be required or allowed to work whether as an
employee or otherwise in any establishment, notwithstanding that such child is
a member of the family of the employer. No young person or woman shall be required or allowed to
work whether as an employee or otherwise in any establishment before 7 a.m. and
after 9 p.m. notwithstanding that such young person or woman is a member of the
family of the employer. (1)
Notwithstanding anything
contained in this Act, no young person shall be required or allowed to work
whether as an employee or otherwise, in any establishment for more than five
hours in any day. (2)
No young person, shall be
required or allowed to work whether as an employee or otherwise, in any
establishment for more than three hours in any day unless he had an interval
for rest of at least half an hour. No young person or woman working in any establishment,
whether as an employee or otherwise, shall be required or allowed to perform
such work as may be declared by the State Government, by notification, to be
work involving danger to life, health or morals. (1)
A person employed in an
establishment to which this Act applies shall be entitled- (a)
after every 12 months'
continuous employment, to privilege leave for a total period of one month; and (b)
in every year to casual
leave for a total period not exceeding 14 days : Provided that the leave under sub-clause (a) shall not at
any time accumulate for a total period exceeding 3 months: Provided further that holidays under section 13, 18 or 23
falling during the period of such leave shall be included in the leave so
granted: Provided further that casual leave shall not be combined
with privilege leave. (2)
If an employee entitled to
leave under sub-section (1) is discharged by his employer before he has been
allowed icave, or if, having applied for and been refused the leave, he quits
his employment before he has been allowed the leave, the employer shall pay him
the amount payable under section 27 in respect of the leave. (3)
If an employee entitled to
leave under sub-section (1) is refused the leave, he may give intimation to the
Inspector or any other officer authorised in this behalf by the Government
regarding such refusal. The Inspector shall enter such information in a
register kept in such form as may be prescribed. Explanation.- An employee shall be deemed to have completed
a period of twelve months' continuous service in an establishment
notwithstanding any interruption in the service during those twelve months
brought about by sickness, accident or authorised leave not exceeding ninety
days in the aggregate for all three, or by a lockout or by a strike which is
not an illegal strike, or by intermittent periods of involuntary unemployment
not exceeding thirty days in the aggregate and authorised leave shall be deemed
not to include any weekly holiday allowed under this Act which occurs at the
beginning or end of an interruption brought about by the leave. Every employee shall be paid for the period of his leave 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 earning in
respect of overtime. An employee who had been allowed leave under section 26
shall, before his leave begins, be paid half the total amount due to him for
the period of such leave. Any Inspector may institute proceedings on behalf of any
employee in an establishment to which this Act applies to recover any sum
required to be paid under this Chapter by an employer which the employer has
not paid. [30][(1) Notwithstanding anything contained
in the Payment of Wages Act, 1936 (No. IV of 1936), (hereinafter referred to in
this section as the said Act), the State Government may, by notification,
direct that subject to the provisions of sub- section (2) all or any of the
provisions of the said Act shall apply to all or any establishment or to all or
any class of employees to which or whom this Act for the time being applied.] (2) On
the application of the provisions of the said Act to any establishment or to
any employee under sub-section (1), the Inspector, appointed under this Act,
shall be deemed to be the Inspector for the purposes of the enforcement of the
provisions of the said Act within the local limits of his jurisdiction. The premises of every establishment shall be kept clean and
free from effluvia arising from any drain or privy or other nuisance and shall
be cleaned at such times and by such methods as may be prescribed. These
methods may include lime-washing, colour-washing, painting, varnishing, disinfecting
and deodorizing. The premises of every establishment shall be ventilated in
accordance with such standards and by such methods as may be prescribed. In every establishment except such establishment or class
of establishment, as may be prescribed, such precautions against fire shall be
taken as may be prescribed. (1)
Save as otherwise provided
in this Act, it shall be the duty of every local authority whom the Government
may by order empower in this -behalf to enforce within the area subject to its
jurisdiction, the provisions of this Act, subject to the control of the
Government. (2)
The local authority
empowered under sub-section (1) may by order delegate any of the powers and
functions (other than the powers of making byelaws under section 35),
exercisable or performable by it under this Act to any of its officers. (3)
An order empowering a
local authority under sub-section (1) may at any time be cancelled by the
Government. (4)
To enable Government to
exercise effective control over a local authority in the performance of the
duties entrusted to it under this Act, Government may authorise any officer,
not below the rank of a Labour Officer, to supervise the enforcement of this
Act within the area subject to the jurisdiction of the local authority and for
this purpose such officer shall have all the powers of an Inspector under this
Chapter. A local authority empowered under section 34 to enforce the
provisions of this Act may, with the previous sanction of the Government, make
bye-laws not inconsistent with the provisions of the Act, or the rules or
orders made by the Government thereunder, for the purpose of carrying out the
provisions of this Act. It shall be the duty of every local authority empowered
under section 34 to submit within three months after the close of the year to
the Government a report on the working of the Act within the local area under
its Jurisdiction during such year. It shall submit to the Government from time
to time such annual or periodical returns as may be prescribed. (1)
The Government may, by
order, direct that any power other than the power to make rules under section
59, or any duty which is conferred or imposed on the State Government by this
Act, shall in such circumstances and under such conditions, if any, as may be
specified in that direction be exercised or discharged by any officer or
authority subordinate to it. (2)
Nothing in this Act shall
derogate from the right of the Government to exercise any or all the functions
delegated to any local authority or officer subordinate to it. (1)
If any local authority
makes default in the performance of any duty imposed by or under this Act, the
Government may appoint some person to perform it and may direct that the
expense of performing it with a reasonable remuneration to the person appointed
to perform it shall be paid forthwith by the local authority. (2)
If the expense and
remuneration are not so paid, the Government may, notwithstanding anything
contained in any law relating to the municipal fund or local fund or any other
law for the time being in force, make an order directing the bank in which any
moneys of the local authority are deposited or the person in charge of the
local Government Treasury or of any other place of security in which the moneys
of the local authority are deposited, to pay such expense and remuneration from
such moneys as may be standing to the credit of the local authority in such
bank or may be in the hands of such person or as may from time to time be
received from or on behalf of the local authority by way of deposit by such
bank or person; and such bank or person shall be bound to obey such order.
Every payment made pursuant to such order shall be sufficient discharge to such
bank or person from all liability to the local authority in respect of any sum
or sums so paid by it or him out of the moneys of the local authority so
deposited with such bank or person. Notwithstanding anything contained in any enactment in
regard to any municipal or local fund, all expenses incurred by a municipality
or local authority under and for the purposes of this Act, shall be paid out of
the municipal or local fund, as the case may be. (1)
Every local authority
empowered under section 34 shall appoint a sufficient number of persons with
the prescribed qualifications as Inspectors for the area subject to its
jurisdiction, as it may meed fit, for the purpose of carrying out the
provisions of this Act. (2)
The Government may, by
notification, appoint such persons having the prescribed qualifications, as it
thinks fit, by name or virtue of office to be Inspector for the purposes of
this Act within such local limits and for such classes of establishments, as it
may assign to each such person. (1)
Subject to any rules made
by the Government in this behalf, an Inspector may, within the local limits for
which he is appointed-- (a)
enter, at all reasonable
times and with such assistants, if any, being person in the service of the
Government or of any local authority, as he thinks fit, any place which is or
which he has reasons 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; and (c)
exercise such other
powers, as may be prescribed or may be necessary for carrying out the purposes
of this Act: Provided that no one shall be required under this section to
answer any question or give any evidence tending to criminate himself. (2)
For the purposes of
investigation of offences under this Act, an Inspector shall have the same
powers as an Officer-in-charge of a police station has under the Code of
Criminal Procedure, 1898 (V of 1898)[31] for
investigation of the cognizable offences except that he shall not have the
power of arrest. Every Inspector appointed under section 40 shall be deemed
to be a public servant within the meaning of section 21 of the Indian Penal
Code, 1860 (XLV of 1860). Every employer shall on demand produce for inspection of an
Inspector all registers, records and notices required to be kept under and for
the purposes of this Act. (a)
If any employer fails to
send to the Inspector of the area concerned a statement within the period
specified in section 6 or to notify a change within the period specified in
section 7 or to notify the closing of his establishment under section 8; or (b)
if in any establishment
there is any contravention of the provisions of section 9, 13, 14, 15, 19, 20,
31, 32 or 33 or any orders made thereunder; or (c)
if in any establishment
any person is required or allowed to work in contravention of section 11, 12,
16, 17, 18, 21, 22 or 23; or [32][(d) if in any establishment a child,
young person or woman is required or allowed to work in contravention of
section 24, 25-A or 25-B; or] (e) if any employer contravenes the provisions of
section 43, 54, 57 or 58; or (f) if in any establishment there is any
contravention of any section, rule or order for which no specific punishment is
provided in this Act; the employer and the manager shall, on conviction, each be
punished with fine which shall not be less than [33][fifty
rupees] and which may extend to [34][five
hundred rupees:] [35][Provided that if the contravention of
the provisions of subsections (2) and (5) of section 6 is continued after the
expiry of the tenth day after conviction, the employer shall on conviction be
punished with a further fine which may extend to [36][fifty
rupees] for each day on which the contravention is so continued.] If any person contravenes the provisions of section 10, he
shall, on conviction, be punished with fine which may extend to [37][one
hundred rupees.]][38] If an employee contravenes the provisions of sub-section
(3) of section 13 or sub-section (2) of section 18 or sub-section (2) of
section 25, or section 57 he shall, on conviction, be punished with fine which
may extend to fifty rupees.] [39][(1)] If any employer or manager with
intent to deceive, makes or causes or allows to be made, in any register,
record or notice prescribed to be maintained under the provisions of this Act,
or the rules made thereunder, an entry which, to his knowledge, is false in any
material particular, or wilfully omits, or causes or allows to be omitted, from
any such register, record or notice, an entry which is required to be made
therein under the provisions of this Act or the rules made thereunder, or
maintains or causes or allows to be maintained, more than one set of any
register, record or notice except the office copy of such notice, or sends or
causes or allow to be sent, to an Inspector, any statement, information or
notice prescribed to be sent under the provisions of this Act, or the rules
made thereunder which to his knowledge is false in any material particular, he
shall, on conviction, be punished with imprisonment [40][not
exceeding one year or with fine which may extend to one thousand rupees or with
both.] [41][(2) An offence under sub-section (1)
shall be triable by a Court of Judicial Magistrate of competent jurisdiction.] If any employer who has been convicted of any offence under
sub-section (1) of section 9 or section 11, 12 or 13 or sub-section (1) of
section 14 or section 16, 17, 18, 19, 21, 22, 23, 24, 25, 25-A, 25-B, 43, [42][49, 54
or 58] is again guilty of an offence, involving contravention of the same
provision, he shall be punished on a subsequent conviction with fine which
shall not be less than [43][fifty
rupees] and which may extend to [44][one
thousand five hundred rupees.] Whoever wilfully obstructs Inspector in the exercise of any
power under section 41 or conceals or prevents any employee in a establishment
from appearing before or being examined by an Inspector, shall, on conviction
be punished with fine which shall not be less than [45][fifty
rupees] and which may extend to [46][one
thousand rupees]. (1)
Where the owner of an
establishment is a firm or other association of individuals, all the partners
or members thereof may be prosecuted and punished under this Act for any
offence for which an employer in an establishment is punishable. (2)
Where the owner of an
establishment is a company, all the directors thereof, or in the case of a
private company, all the share holders thereof, may be prosecuted and punished
under this Act for any offence for which the employer in an establishment is
punishable. (3)
Notwithstanding anything
contained in sub-sections (1) and (2) where an offence under this Act has been
committed for the first time the employer or the manager shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly. (1) No prosecution under this Act or
the rules or orders made thereunder shall be instituted except by an Inspector
and except with the previous sanction of local authority or any officer
authorised by the Government in that behalf. [47][(2) xxx] (1)
The Court taking
cognizance of an offence under this Act shall, unless the offence is an offence
under section 47, 48 or 49, state upon the summons to be served on the accused person
that he- (a)
may appear by a pleader
and not in person; or (b)
may, by such date prior to
the hearing of the charge as may be specified therein, plead guilty to the
charge by a registered letter and remit to the Court such sum as the Court may,
subject to the minimum and maximum limits of fine prescribed for the said
offence, specify. (2)
Where an accused person
pleads guilty and remits the sum in accordance with the provisions of
sub-section (1), no further proceedings in respect of the offence shall be taken
against him.][48] Save as provided in section 47, the State Government may
confer on an Executive Magistrate, the power of a Judicial Magistrate of the
First Class or the Second Class for the trial of offences under this Act, and
on such conferment of powers, the Executive- Magistrate, on whom powers are so
conferred shall be deemed for the purposes of the Code of Criminal Procedure,
1973 (No. 2 of 1974), to be a Judicial Magistrate of the First Class or the
Second Class, as the case may be.][49] No court shall take cognizance of an offence under this Act
or any rule or order made thereunder unless complaint thereof is made within
three months of the date on which the alleged commissions of the offence came
to the knowledge of an Inspector.] [50][(1) Subject to the conditions as may
be prescribed, the Labour Commissioner or any officer not below the rank of a
Labour Officer if so authorised by the Labour Commissioner by notification,
may, either before or after the institution of Proceedings under this Act,
permit any person charged with an offence punishable under Sections 44, 55 or
46 to compound the offence on payment of such sum which shall not be less than
rupees fifty and not more than the maximum amount of fine prescribed for the
offence.] (2)
On payment in full of such sum as
may be determined by the Labour Commissioner or the Officer authorised by the
Labour Commissioner under Subsection (1),-- (a)
no proceedings shall be
commenced against any person as aforesaid; and (b)
if any proceedings have
already been commenced against any person as aforesaid, such proceedings shall
not be further proceeded with.][51] Subject to the general or special orders of the Government
an employer shall maintain or cause to be maintained such registers and records
and display on the establishment such notice, as may be prescribed. All such
registers and records shall be kept on the premises of the establishment to
which they relate. Where an employee in any establishment is required to work
in excess of the limit of hours of work, he shall be entitled, in respect of
the overtime work, to wages at the rate of twice his ordinary rate of wages. [52][Explanation.- For the purposes of
this section "limit of hours of work" shall mean- (a)
in respect of
establishment to which sections 11, 16 or 21 apply, the limits prescribed in
the respective sections; and (b)
in respect of other
establishments, such number of hours of work as may be prescribed.] (1)
When an act or omission
would, if a person were under or over a certain age, be an offence punishable
under this Act, and such person is in the opinion of the Court apparently under
or over such age, the burden shall be on the accused to prove that such person
is not under or over such age. (2)
A declaration in writing
by a qualified Medical Practitioner relating to an employee that he has
personally examined him and believes him to be under or over the age set forth
in such declaration shall, for the purposes of this Act, be admissible as
evidence of the age of the employee. Explanation. For the purpose of this section, a qualified
Medical Practitioner shall have the same meaning as in the Factories Act, 1948
(LXIII of 1948). No employee shall work in any establishment, nor shall any
employer engage an employee to work in any establishment on a day on which such
employee is given a holiday or is on leave in accordance with the provisions of
this Act. (1)
No employer shall dispense
with the services of an employee who has been employed for a period of three
months or more except for a reasonable cause, and without giving such employee
at least one month's notice or wages in lieu of such notice. Provided that such notice shall not be necessary if the
services of such employees are dispensed with on a charge of misconduct
supported by satisfactory evidence recorded at an enquiry held by the employer
for the purpose. (2)
(a) The employee
discharged, dismissed or retrenched may appeal to such authority and within
such time as may be prescribed either on the ground that there was no
reasonable cause for dispensing with his services or on the ground that he had
not been guilty of misconduct as held by the employer or on the ground that
such punishment of discharge or dismissal was severe. (b) the appellate authority may, after giving notice in the
prescribed manner to the employer and the employee, dismiss the appeal or
direct the reinstatement of the employee with or without wages for the period
during which he was kept out of employment or direct payment of compensation
without reinstatement or grant such other relief as it deems fit in the
circumstances of the case. (3)
The decision of the
appellate authority shall be final and binding on both the parties and be given
effect to, within such time as may be specified in the order, of the appellate
authority.][53] (1)
The Government may make
rules to carry out the purposes of the Act,- (2)
In particular and without
prejudice to the generality of the foregoing provision, such rules may be made
for all or any of the following matters, namely:-- (a)
(i) the form of submission
of a statement to the Inspector, and the fees and other particulars which shall
be given along with such statement under sub-section (2) of section 6. (ii) the manner of registration of establishment in the
register of establishments and the form in which a registration certificate
shall be issued to the employer under sub-section (3) of section 6; (iii) prescribing for renewal of registration certificate
under sub-section (5) of section 6; (b)
the form in which a change
shall be notified to the Inspector under section 7; (c)
fixing six days in a year
for additional overtime and prescription of occasions under sub-section (3) of
section 11; (d)
the form of register for
entering refusal of leave to be kept under section 26; (e)
fixing times and methods
for cleaning the establishments under section 31; fixing standards and methods
for ventilation under section 32; and prescribing such establishments as are to
be exempted from the provisions of, and precautions against fire to be taken
under section 33; (f)
annual or periodical
returns which shall be submitted to Government under section 36; (g)
the qualifications of
Inspectors to be appointed under section 40 and the powers which such
Inspectors shall exercise under section 41; (h)
the registers and records
to be maintained and the notice to be displayed on the premises of the
establishment under section 54; (i)
the limit of hours of work
under clause (c) of the Explanation to section 55; [54][(j) the authority to which and the
time within which an appeal may be filed by a dismissed, discharged or
retrenched employee;] (k) any other matter which is to be or
may be prescribed. (3) The rules made under this section shall be subject to
the condition of previous publication and, when so made shall be deemed, to be
part of this Act. No suit, prosecution or other legal proceeding shall lie against
any person for anything which is in good faith done or intended to be done
under this Act. Nothing in this Act shall affect any rights or privileges
which an employee in any establishment is entitled to at the date this Act
comes into force in a local area, under any other law, contract, custom or
usage applicable to such establishment or any award, settlement, or agreement
binding on the employer and the employee in such establishment, if such rights
or privileges are more favourable to him than those to which he would be
entitled under this Act. Nothing in this Act shall be deemed to apply to a factory
to which the provisions of the Factories Act, 1948 (No. 63 of 1948) apply: Provided that, where any shops or commercial establishments
situated within the precinct of a factory is not connected with the
manufacturing process of the factory, the provisions of this Act shall apply to
it: Provided further that, the State Government may, by
notification, apply all or any of the provisions of the Factories Act, 1948
(No. 63 of 1948) to any shop or commercial establishment situate within the
precincts of a Factory and on the application of that Act to such shop or
commercial establishment, the provisions of this Act shall cease to apply to
it.][55] The provisions of the Workmen's Compensation Act, 1923
(VIII of 1923) and of rules made thereunder shall mutatis mutandis, apply to
every employee of an establishment][56]. Every employer shall, in accordance with the rules made by
the Government, provide a provident fund for the benefit of every employee and
shall contribute to this fund an amount equal to the amount contributed by the
employee not exceeding six and a quarter per cent of his wages: Provided that this section shall apply only to such places
and such classes of employers as may be notified in this behalf by the
Government. As from the date appointed under sub-section (3) of section
(1), the enactments specified in Schedule II shall stand repealed: Provided that- (a)
every appointment, order,
rule, bye-law, regulation, notification, or notice made, issued or given under
the provisions of any enactment shall in so far as 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 spuperseded 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 of offence punishable under the provisions of any enactment so
repealed shall be continued and completed as if such enactment had not been
repealed but had continued in operation and any penalty imposed in such
proceedings shall be recovered under the enactment so repealed. SCHEDULE I [See section 1(4)] (1)
Limits of the Jabalpur
Corporation. (2)
The Municipal limits of
Raipur, Rajnandgaon, Khandwa, Burhanpur, Sagar, Raigarh, Bilaspur, Chhindwara,
Seoni, Damoh, Katni-Murwara, Itarsi and Durg. (3)
Limits of the Sagar
Cantonment. (4)
Bilaspur Railway Market
area. (5)
The Municipal
(Corporation) limits of Indore and three miles around such limit. (6)
The Municipal
(Corporation) limits of Lashkar, Gwalior and Morar including the industrial
area. (7)
The Municipal limits of
Ujjain, Madhongar, Ashok Nagar, Mandsaur, Vidisha, Dewas, Morena, Neemuch,
Guna, Bad-nagar and Khargone. (8)
The Municipal Limits of
Ratlam and two miles around such limits. SCHEDULE II [See section 65] No. and Year of enactment Name of enactment No. 22 of 1947 The Central Provinces and Berar Shops and Establishments Act, 1947 No. 7 of 1952 The Madhya Bharat Shops and Establishments Act, Samvat 2009. [1] Substituted by the Word "Madhya Pradesh" as per
The Madhya Pradesh Reorganisation Act, 2000. [2] 1st January 1959, see Notification No. 293 dated the 16/17
December 1958, pub. in Chhattisgarh Gaz., dated 19th December 1958, Pt. I, p.
1162. [3] Substituted vide Act No. 10 of 1982 vide Notification No.
3199-2089-XVI-A, dated 26.04.1982 (w.e.f. 01.05.1982). [4] Substituted vide Act
No. 10 of 1982 vide Notification No. 3199-2089-XVI-A, dated 26.04.1982 (w.e.f.
01.05.1982). [5] Substituted vide Act
No. 10 of 1982 vide Notification No. 3199-2089-XVI-A, dated 26.04.1982 (w.e.f.
01.05.1982). [6] Substituted vide Act
No. 19 of1967, Published in M.P. Rajpatra (Asadharan) dated 28.10.1967 at page
2719. [7] See now M.P. Society
Registrikaran Adhiniyam, 44 of 1973. [8] Substituted vide Act
No. 19 of1967, Published in M.P. Rajpatra (Asadharan) dated 28.10.1967 at page
2719. [9] Substituted vide Act
No. 10 of 1982. Published in M.P. Rajpatra (Asadharan) dated 31.03.1982 at
pages 478-482. It shall come into force from 01.05.1982 vide notification No.
3199-2089-XVI-A dated 26.04.1982. [10] Substituted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated 28.10. 1967 at page 2719 [11] Omitted by M.P. 19 of 1967. [12] Substituted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated 28.10.1967 at page 2719. [13] Substituted by M.P. Act No. 10 of 1982. This shall come
into force from 01.05.1982 vide Notification No. 3199-2089-XVI-A dated
26.04.1982 [14] For the words "one year" the words "five
year" substituted by Act No. 17 of 1995, published in M.P. Rajpatra (Asadharan)
dated 18.05.1995 [15] For the words "one year" the words "five
year" substituted by Act No. 17 of 1995, published in M.P. Rajpatra
(Asadharan) dated 18.05.1995 [16] For the words "five rupees" the words "two
hundred fifty rupees" substituted by Act No. 17 of 1995, published in M.P.
Rajpatra (Asadharan) [17] Substituted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated 28.10.1967 at page 2719. [18] For the word "fifteen" the word "fifty"
substituted from 01.05.1982 vide Notification No. 3199-2089-XVI-A dated
26.04.19 by Act No. 10 of [19] See now the Code of Criminal Procedure, 1973 (2 of 1974). [20] Substituted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated 28.10.1967 page 2719 [21] For the word "three" the word "six" substituted
from 01.05.1982 vide Notification No. 3199-2089-XVI dated 26.04.1982 by Act No.
10 of [22] Inserted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated 28.10.1967 at page 2719 [23] Inserted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated 28.10.1967 at page 2719 [24] Substituted vide Notification No. 3199-2089-XVI-A dated
26.04.1982 from 01.05.1982, by Act No. 10 of 1982 [25] Substituted vide Notification No. 3199-2089-XVI-A dated
26.04.1982 from 01.05.1982, by Act No. 10 of 1982. [26] Inserted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated 28.10.1967, page 2719. [27] Substituted by Act No. 10 of 1982. This shall come into
force from 01.05.1982 vide Notification No. 3199-2089-XVI-A dated 26.04.1982. [28] Substituted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated, 28.10.1967, page 2719. [29] Substituted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated, 28.10.1967, page 2719. [30] Substituted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated, 28.10.1967, page 2719. [31] See now the Code of Criminal Procedure, 1973 (No. 2 of
1974). [32] Substituted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated, 28.10.1967, page 2719. [33] For the words "ten rupees" the words "fifty
rupees" substituted from 01.05.1982 vide Notification No. 3199-2089-XVI-A
dated 26.04.1982 by Act No. 10 of 1982. [34] For the words "one hundred rupees" the word
"five hundred rupees" substituted from 01.05.1982 vide Notification
No. 3199-2089-XVI-A [35] Inserted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated 28.10.1967, page 2719 [36] For the words "ten rupees" the words "fifty
rupees" substituted from 01.05.1982 vide Notification No. 3199-2089-XVI-A
dated 26.04.1982 by Act No. 10 of 1982. [37] For the words "twenty-five rupees" the words
"one hundred rupees" substituted by Act No. 10 of 1982 this shall
come into force from 01.05.1982 vide Notification No. 3199-2089-XVI-A dated
26.04.1982. [38] Substituted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated 28.10.1967, page 2719. [39] Section 47 renumbered as sub-section (1) vide Act No. 10 of
1982 w.e.f. 01.05.1982 vide Notification No. 3199-2089-XVI-A dated 26.04.1982. [40] Substituted for the words "not exceeding six months or
with fine which may extend to five hundred rupees or with both" from
01.05.1982 vide Notification No. 3199-2089-XVI-A dated 26.04.1982 by Act No. 10
of 1982 [41] Inserted by Act No. 10 of 1982 w.e.f. 01.05.1982 vide
Notification No. 3199-2089-XVI-A dated 26.04.1982 [42] For the words
"49 or 58" substituted by Act No. 10 of 1982 this shall come into
force from 01.05.1982 vide Notification No. 3199-2089-XVI-A dated 26.04.1982. [43] For the words
"fifteen rupees" the words "fifty rupees" substituted by
Act No. 10 of 1982 this shall come into force from 01.05.1982 vide Notification
No. 3199-2089-XVI-A dated 26.04.1982. [44] For the words
"five hundred rupees" the words "one thousand five hundred
rupees" substituted by Act No. 10 of 1982 this shall come into force from
01.05.1982 vide Notification No. 3199- 2089-XVI-A dated 26.04.1982. [45] For the words "twenty five rupees" the words
"fifty rupees" substituted by Act No. 10 of 1982 this shall come into
force from 01.05.1982 vide Notification No. 3199-2089-XVI-A dated 26.04.1982. [46] For the words "five hundred rupees" the words
"one thousand rupees" substituted by Act No. 10 of 1982 this shall
come into force from 01.05.1982 vide Notification No. 3199-2089- XVI-A dated
26.04.1982. [47] Sub-section (2) of section 51 omitted by Act No. 10 of
1982. This shall come into force from 19.05.1982 vide Notification No.
3199-2089-XVI-A dated 26.04.1982. [48] Inserted by Act No. 19 of 1967. Published in M.P. Rajpatra
(Asadharan) dated 28.10.1967 at page 2719. [49] Inserted by Act No. 19 of 1967. Published in M.P. Rajpatra
(Asadharan) dated 28.10.1967 at page 2719. [50] Substituted by M.P. Act No. 17 of 1995, for the following:- "(1)
Subject to such conditions as may be prescribed, the Labour Commissioner or any
officer not below the rank of Labour Officer, If so authorised by the Labour
Commissioner, by notification, may accept from any person alleged to have
committed an offence under section 6, 7, 8, 10, 11, 16, 18-A, 21, 23-A, 25-A,
43 or 54 either before or after commencement of any proceedings against such
person In respect of such offence, by way of composition for such offence, a
sum not exceeding one hundred rupees for each such offence." [51] Substituted by Act No. 10 of 1982 this shall come into
force from 01.05.1982 vide Notification No. 3199-2089-XVI-A dated 26.04.1982. [52] Substituted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated 28.10.1967 at page 2719 [53] Substituted by Act No. 10 of 1982, this shall come into
force from 01.05.1982 vide Notification No. 3199-2089-XVI-A dated 26.04.1982 [54] Substituted by Act No. 10 of 1982, this shall come into
force from 01.05.1982 vide Notification No. 3199-2089-XVI-A dated 26.04.1982. [55] Substituted by M.P. Act No. 23 of 1990 [56] Substituted by M.P. Act No. 19 of 1967. Published in M.P.
Rajpatra (Asadharan) dated 28.10.1967 at page 2719THE CHHATTISGARH SHOPS AND ESTABLISHMENTS ACT, 1958
THE [1][CHHATTISGARH]
SHOPS AND ESTABLISHMENTS ACT, 1958PREAMBLE
Section 2 – Definitions.
Section 16 – [Hours of work in residential hotels, restaurants and eating-houses.
Section 31 – Cleanliness.
Section 32 – Ventilation.
Section 37 – Delegation.
Section 53 – [Composition of offence.
Section 59 – Rules.
Section 65 – Repeal.