Hello,
Given below a VERY BRIEF extract of the act. I will send detailed reply to your query on Monday/Tuesday. Suffice it say that the Act has a jurisdiction in the whole of Maharashtra. (Similar acts exist in each state anyway) It applies to all establishments except Factories registered as such under the Factories Act. A Shop, Cinema Theatre, Head Office of a corporate, or any other commercial establishment, Hotels, Eateries, Canteens and Clubs all are covered and bound by the act. It is better to obtain a copy and refer to it from time to time.
Regards
samvedan
September 30, 2007
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Bombay Shops & Establishments Act 1948
About What:
1. To regulate conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public entertainment and other establishments.
2. Provisions include Registration of Establishments, Employment of Children, Young Persons and Women, Leave and Payment of Wages, Health and Safety etc.
Applicability & Coverage:
1. It applies to all local areas specified in Schedule-I
2. Establishment means any establishment to which the Act applies and any other such establishment to which the State Government may extend the provisions of the Act by notification.
3. Employee means a person wholly or principally employed whether directly or through any agency, whether for wages or other considerations in connection with any establishment.
4. Member of the family of an employer means, the husband, wife, son, daughter, father, mother, brother or sister and is dependent on such employer
Returns:
1. Form-A or Form-B (As the case may be)
Sec. 7(2-A), Rule 5
Before 15th December of the calendar year, i.e. 15 days before the expiry date.
The employer has to submit these forms to the authority notified along with the old certificate of registration and the renewal fees for minimum one year’s renewal and maximum of three year’s renewal.
2. Form-E, Rule 8
(Notice of Change)
Within 15 days after the expiry of the quarter to which the changes relate in respect of total number of employees qualifying for higher fees as prescribed in Schedule-II and in respect of other changes in
the original statement furnished within 30 days after the change has taken place. (Quarter means quarter ending on 31st March, 30th June, 30th September and 31st December)
Registers:
1. Form-A, Rule 5
(Register showing dates of Lime Washing etc.)
2. Form-H, Form-J, Rule 20 (1) (if opening and closing hours are ordinarily uniform)
(Register of Employment in a Shop or Commercial Establishment)
3. Form-I Rule 20(3), Form-K (if opening and closing hours are ordinarily uniform)
(Register of Employment in a Residential Hotel, Restaurant, Eating-House, Theatre, or Other places of public amusement or entertainment)
4. Form-M, Rule 20(4)
(Register of Leave)
This and all the above Registers have to be maintained by the Employer.
5. Visit Book
This shall be a bound book of size 7”*6” containing atleast 100 pages with every second page consecutively numbered, to be produced to the visiting Inspector on demand. The columns shall be:
i. Name of the establishment or Employer.
ii. Locality
iii. Registration Number
iv. Date, and
v. Time.