Asso.prof.(commerce & Management)

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Dear All,
Request you to please guide me under Maharashtra Shops and establishment act. is Medical Checkup of employees required / mandatory under the act every year.
if yes, then the Medical Practitioner must be DISH approved...?

From India, Nagpur
Hi Ravi,
There is no specific provisions reg. Medical Check up as a pre-condition to employ a person under the Act. However there are certain restrictions to employ under age boys & women and to ensure fit persons only are employed to suit your nature of job, which you have to take care of. So far as I know the following provisions are relevant right now-
"64. Evidence as to age.-(l) 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 accused to prove that such person is not under or over such
(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 purposes of this section, a qualified medical practitioner)
shall have the same meaning as in the Factories Act, 2
[1948, (LXIII of 1948)."
The extract of the Act is attached for your ready ref.(subject to updation for any amendments to the Act.)

From India, Bangalore

Attached Files
File Type: pdf The Bombay Shops & Establishments Act.pdf (248.6 KB, 99 views)

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