[Act
No. 21 of 2018] [03rd
August, 2018] An Act to
consolidate and amend the laws relating to regulation of employment and other
service conditions of workers employed in shops and establishments and for
matters connected therewith or incidental thereto. Be it enacted by the
Chhattisgarh Legislature in the Sixty-eighth Year of the Republic of India, as
follows:- (1)
This Act may be called the
Chhattisgarh Shops and Establishments (Regulation of Employment and Conditions
of Service) Act, 2017. (2)
It shall extend to the whole State of
Chhattisgarh. (3)
It shall apply to the shops and
establishments employing ten or more 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,- (a)
"Chief Facilitator" means
the Chief Facilitator appointed under sub-section (1) of Section 17; (b)
"Day" means a period of
twenty-four hours beginning at mid night; (c)
"Employer" means an owner or
a person who has ultimate control over the affairs of a shop or an
establishment, and includes,- (i)
in the case of a firm or association
of individuals, a partner or member of the firm or association; (ii)
in the case of a company, a director
of the company; (iii)
in the case of a shop or an
establishment owned or controlled by the Central Government or the State
Government or Local Authority, the person or persons appointed to manage the
affairs of such shop or establishment by the Central Government or the State
Government or Local Authority, as the case may be; (d)
"Establishment" means any
premises, not being the premises of a factory or a shop,- (i)
wherein any trade, business,
manufacture, or any work in connection with, or incidental or ancillary
thereto, or any journalistic or printing work or business of banking,
insurance, stocks and shares, brokerage or produce exchange, is carried on; or (ii)
which is used as theater, cinema or
for any other public amusement or entertainment, to whom the provisions of the
Factories Act, 1948 (No. 63 of 1948) does not apply; (e)
"Notification" means a
notification published in the Official Gazette; (f)
"Prescribed" means
prescribed by rules made under this Act; (g)
"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, go-down, warehouse
or workhouse or work place for distribution or packing or repacking of finished
goods is carried on, but does not include a shop attached to a factory where
persons employed in such shop are allowed the benefits provided under the
Factories Act, 1948 (No. 63 of 1948); (h)
"Wages" means all
remuneration (whether by way of salary, allowances or otherwise) expressed in
terms of money or capable of being so expressed which would, if the terms of
employment, express or implied, were fulfilled, be payable to a person employed
in respect of his employment or of work done in such employment, and includes,- (i)
any remuneration payable under any
award or settlement between the parties or under any order of a court or
tribunal; (ii)
any remuneration to which the person
employed is entitled in respect of overtime work or holidays or any leave
period; (iii)
any additional remuneration payable
under the terms of employment (whether called a bonus or by any other name); (iv)
any sum which by reason of the
termination of employment of the person employed is payable under any law,
contract or instrument which provides for the payment of such sum, whether with
or without deductions; (v)
any sum to which the person employed
is entitled under any scheme framed under any law, for the time being in force;
and (vi)
house rent allowance, but does
not include,- (A)
any bonus, which does not form part of
the remuneration payable under the terms of employment or which is not payable
under any award or settlement between the parties or under any order of a
court; (B)
the value of any accommodation, or of
the supply of light, water, medical attendance or other amenity or of any
service excluded from the computation of wages by a general or special order of
the State Government; (C)
any contribution paid by the employer
to any pension or provident fund, and the interest which may have accrued
thereon; (D)
any travelling allowance or the value
of any travelling concession; (E)
any sum paid to the employed person to
defray special expenses entailed to him by the nature of his employment; or any
gratuity payable on the termination of employment in cases other than those
specified in sub-clause (iv); (i)
"Week" means a period of
seven days, beginning at midnight on Saturday night or such other night as may
be approved in writing for a particular area by the Chief Facilitator; (j)
"Worker" means any person
(except an apprentice under the Apprentice Act, 1961 (No. 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. (1)
The provisions of this Act shall not
apply to,- (a)
a worker occupying a posit on of
confidential, managerial or supervisory character in a shop or in an
establishment; (b)
a worker whose work is inherently
intermittent; (c)
any office of the Government or the
Local Authority; (d)
any office of the Reserve Bank of
India; (e)
an establishment used for the care and
treatment of the sick, infirm, destitute or mentally unfit; and (f)
a member of the family of an employer. (2)
A list of the workers referred to in
clause (a) of sub-section (1) shall be displayed on the website of the shop or
establishment and in absence of the website, at a conspicuous place in the shop
or establishment and a copy thereof shall be sent to the Facilitator. Nothing contained in
this Act shall adversely affect any right or privilege to which any worker is
entitled, under any law, award, agreement, contract, custom or usage for the
time being in force. (1)
On the commencement of this Act, every
shop and establishment, employing ten or more workers, shall apply for
registration within a period of six months from the date of such commencement
or the date on which such shop or (2)
Every shop and establishment,
employing ten or more workers, shall make an application for registration to
such authority and in such form and manner as may be prescribed. (3)
The authority referred to in
sub-section (2) shall, on receipt of an application under sub-section (2),
register the shop or establishment and issue a Labour Identification Number in
such form as may be prescribed. (4)
Notwithstanding anything contained in
this section, the shops and establishments registered under the provisions of
the Employees State Insurance Act, 1948 (No. 34 of 1948) or the Employees
Provident Fund and Miscellaneous Provisions Act, 1952 (No. 19 of 1952) or any
rules, regulations or schemes made thereunder shall be deemed to be registered
for the purposes of this Act: Provided that such
shops and establishments shall, within a period of six months from the
commencement of this Act, obtain a Labour Identification Number in such manner
as may be prescribed. (1)
No woman worker shall be discriminated
against in matters concerning recruitment, training, transfers, promotions or
wages. (2)
No woman shall be required or allowed
to work in a shop or establishment except between 6 a.m. and 9 p.m.: Provided that, where
the State Government or any person, authorized by it in this behalf, is
satisfied that the provision of shelter, rest room, night creche, ladies'
toilet, adequate protection of their dignity, honour and safety, protection
from sexual harassment, and their transportation from the shop or establishment
to the door step of their residence exists in such shop or establishment, it
may, by notification, after obtaining the consent of the woman worker, allow
her to work between 9 p.m. and 6 a.m., subject to such conditions as may be
specified in the notification. (1)
Every employer shall take such
measures relating to the health and safety (including cleanliness, lighting,
ventilation and prevention of fire) of the workers as may be prescribed. (2)
Every employer shall be responsible
for providing constant and adequate provisions relating to the health and
safety of the workers employed in such shop or establishment and to ensure
necessary steps given under sub-section (1) is taken to prevent the happening
of any kind of accident. (1)
No adult worker shall be required or
allowed to work continuously in a shop or establishment for more than
forty-eight hours in a week and nine hours in a day, unless he has been given a
break of not less than half an hour after every five hours: Provided that, the
working hours or weekly rest may be relaxed in case of work of urgent nature
and with the previous permission of the Facilitator. (2)
The total number of hours of work h a
shift including the rest interval shall not exceed ten and half hours in any
shop or establishment and in case a worker is entrusted with intermittent
nature of work or urgent work, the spread over shall not exceed twelve hours. (3)
Any working hour beyond nine hours a
day or forty-eight hours a week shall be treated as overtime and the total
number of overtime hours shall not exceed one hundred and twenty-five hours in
a period of three months. (4)
The State Government shall make
rules,- (a)
subject to sub-section (1), for fixing
the number of hours of work which shall constitute a normal working day for the
workers employed in the shop or establishment, inclusive of one or more
specified intervals; (b)
for providing a day of rest in every
period of seven days which shall be allowed to all the workers employed in the
shop or establishment and for the payment of remuneration in respect of such
days of rest. (5)
The provisions of sub-sections (1) and
(2) shall, in relation to the following class of workers employed in such shop
or establishment, apply only to such extent, and subject to such conditions, as
may be prescribed, namely :- (a)
workers engaged on urgent work or in
any emergency which could not have been foreseen or prevented; (b)
workers engaged in the nature of
preparatory or complementary work which must necessarily be carried on outside
the normal hours of work laid down in the rules; (c)
workers engaged in any work which for
technical reasons has to be completed before the day is over: (d)
workers engaged in a work which cannot
be carried on except at times dependent on the irregular action for natural
forces; and (e)
highly skilled workers (such as
workers working in the establishments of Information Technology, Bio-Technology
and Research and Development Divisions). Where any worker is
required to work on any day in excess of nine hours and forty-eight hours in a
week, shall be entitled to wages at the rate of twice his ordinary rate of
wages or such higher amount, as may be prescribed. (1)
A department or any section of a
department of the Shop or Establishment may work in more than one shift and the
worker may be required to work in any shift at the discretion of the employer. (2)
A shop or an establishment may work 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. (3)
If a worker is denied weekly holiday,
the compensatory leave in lieu thereof shall be given within two months of such
weekly holiday. (4)
The period and hours of work in a week
for all classes of workers in such shift shall be informed to all workers in
writing and shall be sent to the Facilitator electronically or otherwise. (5)
Where a worker is required to work on
a day of rest, he shall be entitled to wages at the rate of twice his ordinary
rate of wages. (1)
Every worker shall be allowed a weekly
holiday with wages: Provided that the
State Government may, by notification, fix different days as weekly holiday for
different class of shops and establishments of a area. (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. (3)
Every worker who has worked for a
period of two hundred and forty days or more in a shop or 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)
Every worker shall be permitted to
accumulate the earned leave upto a maximum of forty-five days. (5)
Where the employer refuses to sanction
the leave due when applied fifteen days in advance, then the worker shall have
a right to encash the leave in excess of forty-five days : Provided that if a
worker is entitled to 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 hisemployment on account of retirement,
resignation, death or permanent disability, the employer shall pay him full
wages for the period of leave due to him. (6)
A worker shall be entitled to eight
paid festival holidays in a calendar year, namely, the Independence Day,
Republic Day and Gandhi Jayanti and five such other festival holidays as may be
agreed between the employer and the workers, before the commencement of the
year. (7)
For the purposes of sub-section (3),- (a)
any day of lay-off, by agreement or
contract or as permissible under the standing order certified under the
Industrial Employment (Standing Orders) Act, 1946 (No. 20 of 1946); (b)
in the case of a female worker, the
maternity leave under the provisions of the Maternity Benefit Act, 1961 (No. 53
of 1961); (c)
the leave earned in the year prior to
that in which the leave is availed; or (d)
the absence of the worker 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 a shop or 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. (8)
The leave admissible under sub-section
(3) shall be exclusive of all holidays, whether occurring during or at either
end of the period of leave. Every employer shall
make sufficient arrangements to provide and maintain at suitable points,
conveniently situated for all persons employed in the shop or establishment, a
sufficient supply of wholesome drinking water. Every employer shall
provide sufficient latrine and urinal facilities for male and female as may be
prescribed, which shall be so conveniently situated as may be accessible for
the workers employed in the shop or establishment: Provided that several
employers may provide common facilities, in case it is not possible in a shop
or establishment due to constraint in space or otherwise. In every shop or
establishment wherein thirty or more woman workers are employed or fifty or
more workers are ordinarily employed, employer shall provide and maintain a
suitable room or rooms as creche for the use of children of such woman workers: Provided that if a
group of shops or establishments, so decide to provide a common creche within a
radius of one kilometer, then, the same shall be permitted by the Chief
Facilitator, by an order, subject to such conditions as may be specified in the
order. Every employer shall
provide at the place of work first-aid facilities as may be prescribed. The State Government
shall require the employer to provide and maintain in the shop or
establishment, wherein not less than one hundred worker are employed or
ordinarily employed, to maintain a canteen for the use of its workers: Provided that if a
group of shops or 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)
The State Government may, by
notification, appoint such persons who possess the prescribed qualification to
be Facilitator for the purposes of this Act and may assign to them such local
limits as it may think fit: Provided that the
State Government may, by notification, appoint a Chief Facilitator who shall,
in addition to the powers conferred on him under this Act, exercise the powers
of a Facilitator throughout the State. (2)
The State Government may prescribe a
scheme for inspection of shops and establishments, which shall provide for
generation of a web-based inspection schedule. (3)
Every Facilitator and Chief
Facilitator appointed under sub-section (1) shall be deemed to be public
servant within the meaning of Section 21 of the Indian Penal Code (No. 45 of
1860), and shall officially be subordinate to such Authority as the State
Government may specify in this behalf. (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 shop or establishment in
accordance with the scheme for inspection referred under sub-section (2), and
may,- (a)
examine any person who is found in any
premises of the shop or establishment and whom, the Facilitator has reasonable
cause to believe, is a worker of the shop or establishment; (b)
require any person to give any
information, which is in his power to give, with respect to the names and
addresses of the persons; (c)
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; (d)
bring to the notice of the State
Government defects or abuses not covered by the law for the time being in
force; and (e)
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 that tends to incriminate himself. (5)
Any person required to produce any
document or to give any information required by a Facilitator under sub-section
(4) shall be deemed to be legally bound to do so within the meaning of Sections
175 and section 176 of the Indian Penal Code (No. 45 of 1860). (6)
The provisions of the Code of Criminal
Procedure, 1973 (No. 2 of 1974) shall, so far as may be, apply to the search or
seizure under sub-clause (c) 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. Chapter
VII - RECORDS AND RETURNS (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. Every employer of a
shop or an establishment shall furnish an annual return, in such form and
manner (including electronic form), to such authority as may be prescribed. Chapter
VIII - OFFENCES AND PENALITIES (1)
Whoever contravenes with the provisions
of this Act or the rules made thereunder shall be punishable with fine which
may extend to two 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 worker employed. (2)
If any person 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 punishable on a subsequent conviction with fine, which shall not be
less than one lakh rupees but which may extend to five lakh rupees. 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, shall be punishable with imprisonment which may extend to
six months or with fine which shall not be less than two lakh rupees but which
may be extended to five lakh rupees or with both. (1)
Whoever willfully obstructs a
Facilitator in exercise of any power conferred on him by or under this Act or
refuses or willfully neglects to afford the Facilitator any reasonable facility
for making any inspection, examination, inquiry or investigation authorised by
or under this Act in relation to a shop or an establishment, shall be
punishable with fine which may extend to two lakh rupees. (2)
Whoever willfully refuses to produce,
on the demand by 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 action in pursuance
of his duties under this Act, shall be punishable with a fine which may extend
to two lakh rupees: Provided that the
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)
Court of Judicial Magistrate of the
First Class shall try any offence punishable under this Act or the rules made
thereunder. (1)
Notwithstanding anything contained in
the Code of Criminal Procedure, 1973 (No. 2 of 1974), any offence punishable
under this Act, not being an offence punishable with imprisonment alone, 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, for a sum amounting to fifty percent of the maximum 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
the order made by the officer referred to in sub-section (1), shall be liable
to pay a sum equivalent to twenty percent 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. Chapter
IX - MISCELLANEOUS No suit, prosecution
or other legal proceeding shall lie against any public servant or any other
person in the service of the Central Government or the State Government, acting
under direction of any such public servant, for anything done in good faith or
intended to be done in pursuance of the provisions of this Act or of any rule
made thereunder. The State Government
or any officer empowered in this behalf may, by notification, exempt from the
operation of all or any of the provisions of this Act for such period as it
considers necessary, any shop or establishment or class thereof or any employer
or worker or class of employers or workers to whom this Act applies on such
terms and conditions as it may thinks fit. The provisions of
this Act shall be in addition to, and not in derogation of, the provisions of
any other law for the time being in force. (1)
The State Government may, by
notification, make rules for carrying out the provisions of this Act. (2)
In particular and without prejudice to
the generality of the foregoing power, such rules may provide for all or any of
the following matters, namely :- (a)
the authority to which and the form
and manner in which an application shall be made under sub-section (2), the
form of Labour Identification Number under sub-section (3), and the manner of
obtaining Labour Identification Number under sub-section (4), of Section 5; (b)
the measures to be taken by the
employer relating to the health and safety (including cleanliness, lighting,
ventilation and prevention of fire) of the workers under sub-section (1) of
Section 7; (c)
the matters to be provided by rules
under sub-section (4) of Section 8; (d)
the conditions subject to which the
provisions of sub-section (1) and sub-section (2) of Section 8 shall apply to
certain class of workers under sub-section (5) of that Section; (e)
rate of higher amount of wages
provided under Section 9; (f)
the provision for sufficient latrine
and urinals given under Section 13 and the provision of first-aid facility
given under Section 15; (g)
the qualifications of Facilitators
provided under sub-section (1), conditions subject to which a Facilitator shall
exercise his powers given under sub-section (4), and other powers exercisable
by him given under sub-clause (e) of clause (ii) of sub-section (4). of Section
17; (h)
the registers and records to be
maintained by the employers given under sub-section (1) of Section 18; (i)
the form and manner (including
electronic form) for furnishing of annual return and the authority to such
returns shall be furnished under Section 19; (j)
the manner of compounding of offences
given under sub-section (1), and form and manner for making application for
such compounding under sub-section (4). of Section 24; (k)
any other matter which is required to
be, or may be, prescribed. (3)
Every rule made under sub-section (1)
and (2) shall be laid before the State Legislative Assembly. (1)
If any difficulty arises in giving
effect to the provisions of this Act, the State Government may, by order,
published in the Official Gazette, make such provisions which are not
inconsistent with the provisions of this Act as may appear to be necessary for
removing the difficulties: Provided that no
order shall be made under this Section after the expiry of two years from the
date of the commencement of this Act. (2)
Every order made under this section
shall be laid, as soon as may be after it is made, before the State Legislative
Assembly. (1)
The Chhattisgarh Shops and
Establishments Act, 1958 (No. 25 of 1958) is hereby repealed. (2)
Notwithstanding the repeal of the Act
under sub-section (1), anything done or any action taken under the Act so
repealed shall, in so far as such thing or action is not inconsistent with the
provisions of this Act, be deemed to have been done or taken under the
provisions of this Act. (3)
The mention of particular matters in
this section shall not be held to prejudice or affect the general application
of Section 6 of the General Clauses Act, 1897 (No. 10 of 1897) wi:h regard to
the effect of repeals.THE CHHATTISGARH SHOPS AND ESTABLISHMENTS
(REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2017
PREAMBLE
Section 2 – Definitions.
establishment comes into existence and obtain a Labour Identification Number.
Section 16 – Canteen.