Maharashtra Shops And Establishment Act 2018 Pdf
File Name: maharashtra shops and establishment act 2018 .zip
- Pune - How to Apply for Renewal of Registration of Shop and Establishment
- Draft of Maharashtra Shops & Establishments Rules 2018
- Maharashtra notifies new Shops and Establishments Law
Short title, extent, application and commencement. Act not to apply to certain establishments and persons.
Pune - How to Apply for Renewal of Registration of Shop and Establishment
The New Act would come into effect from the date to be appointed by the Government in the official gazette and would repeal the Bombay Shops and Establishments Act, Old Act.
Rules framed by the Bar Council of India do not permit us to solicit work or advertise our services in any way. Information contained on this website is for informational purposes only, and should in no way be construed as legal advice or opinion. Some of the key highlights of the New Act are: The provisions of the New Act apply only in relation to the establishments employing 10 ten or more workers.
Employer of an establishment is now required to submit an online application to the Facilitator, for registration of the establishment as well as when there is any change in the particulars of such application, in future under the New Act, along with other documents and applicable fees. Upon receipt of which, the Facilitator would issue a registration certificate, online, along with the Labour Identification Number LIN , to the employer. Such registration certificate would be valid for such period as may be requested by the employer, subject to a maximum period of 10 ten years and thereafter it may be renewed.
Moreover, the Facilitator can cancel the registration of any establishment, if at any time, it is found or brought to the notice of the Facilitator that such registration has been obtained through misrepresentation or suppression of material facts or by submitting false or forged documents or false declaration or by fraud. Also, the New Act permits the employer to maintain records, as may be prescribed, either electronically or manually.
As opposed to the Old Act, which prescribed 10 ten days, the New Act requires an employer to notify the Facilitator regarding close of business of its establishment within 30 thirty days from such closure.
While the Old Act prescribed consistent opening and closing hours for establishments, as set out in the Old Act, the New Act gives power to the Government to fix, by notification in the official gazette, in the public interest, hours for opening and closing of different classes of establishments and for different premises, shopping complex or mall or for different area s and for different period.
Supplementing the erstwhile provision which prohibited requiring or allowing women to work in any establishment after PM, the New Act provides that a woman worker, with her consent, would be allowed to work during PM to AM in any establishment in which adequate protection of her dignity, honour and safety, protection from sexual harassment and her transportation from the establishment to the doorstep of her residence, as may be prescribed, are provided by the employer. Also, the New Act prohibits discrimination against women in the matters of recruitment, training, transfers or promotion or wages.
The New Act provides every worker a right to 8 eight days of casual leave with wages in a calendar year. The workers are permitted to accumulate earned leaves up to a maximum of 45 forty five days. Also, every worker who has worked for a period of two hundred and forty days or more in an establishment during a calendar year, is permitted, during the subsequent calendar year, to have leave with wages for a number of days calculated at the rate of 1 one day for every 20 twenty days of work performed during the previous calendar year.
As opposed to the Old Act, which provided for a maximum fine of INR 15, Rupees fifteen thousand in case of repeated contravention, the New Act makes provisions for extension of fine to INR , Rupees five hundred thousand and also for imprisonment extending to 6 six months. Previous Post Siphoning off money from accounts of struck off companies to invite jail time. Next Post Indian companies restricted to have more than two layers of subsidiaries. Subscribe To Our Newsletter.
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Draft of Maharashtra Shops & Establishments Rules 2018
Whereas it is expedient to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments and for certain other purposes hereinafter specified; It is hereby enacted as follows Provided that, in the case of 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;. The registration certificate shall be prominently displayed at the establishment. An application for the renewal of a registration certificate shall be submitted not less than fifteen 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. Date from which the period of 30 days to commence i Establishments existing in local areas mentioned in Schedule I on the date on which this Act comes into force. The date on which this Act comes into force.
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Maharashtra notifies new Shops and Establishments Law
If we look into the background and the reason behind enactment of this statute, we will see that in July , Central Government published Model Shops and Establishment Regulation of Employment and Conditions of Service Act and the states were free to adopt the same with necessary state-specific modifications. The introduction of this Model SEA , was having three major reasons behind this — i to make these legal provisions more contemporary ii to enhance the ease of doing business and iii to implement a more or less uniform statute throughout the country. Maharashtra is the first state to adopt the Model SEA , with few state-specific amendments to remain at the forefront of industrial development and reforms.
The Indian state of Maharashtra has notified the rules for implementing its Shops and Establishment Act of The Rules are applicable to all commercial establishments in the state, not covered under the Factories Act , which employ 10 or more workers. A copy of the law may be accessed here. In this article, we will discuss important aspects of the Rules, including key regulatory changes introduced after feedback on the February draft.
The bill in itself is not a binding requirement, State Governments were expected to either adopt the Model Bill or adapt their existing laws to it, after accounting for regional requirements. Salient features of Model Bill are as follows:. It will cover establishments employing 10 or more workers except for manufacturing units.
The New Act would come into effect from the date to be appointed by the Government in the official gazette and would repeal the Bombay Shops and Establishments Act, Old Act. Rules framed by the Bar Council of India do not permit us to solicit work or advertise our services in any way. Information contained on this website is for informational purposes only, and should in no way be construed as legal advice or opinion. Some of the key highlights of the New Act are: The provisions of the New Act apply only in relation to the establishments employing 10 ten or more workers. Employer of an establishment is now required to submit an online application to the Facilitator, for registration of the establishment as well as when there is any change in the particulars of such application, in future under the New Act, along with other documents and applicable fees.
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