Is "Form J" Really Necessary for a Small Software Company in Mumbai? Seeking Advice!

We are based in Mumbai and are a software company with 15 employees. We come under the Shops and Establishment Act, Mumbai. Our office was recently inspected by a Shops and Establishment inspector. All documents were in order except that the inspector asked for "Form J," which we are not maintaining. As per our understanding, as a software company with varying hours of work, it's not obligatory on our part to maintain the J form. Any advice would be helpful.

Understanding Rule 20(1) of the Maharashtra Rules

Rule 20(1) of the Maharashtra rules requires a commercial establishment to maintain Form J only when its opening and closing hours are ordinarily uniform. The working hours of employees may vary, but the opening and closing hours of the establishment vary every day.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
[Phone Number Removed For Privacy Reasons]

Thank you for your response. Our office opening hours are between 9:30 AM and 10:00 AM, and we close anytime between 6:00 PM and 9:00 PM, all depending on the workload for the day. Does this qualify us for maintaining the J form? Please let me know if you need any further information.

Thank you.

Rule 20 of the Maharashtra Rules was framed to enforce Sec. 13 of the Bombay Shops Act 1948, which provides for opening and closing hours of commercial establishments at not earlier than 8:30 a.m. being the opening hour and not later than 9:30 p.m. being the closing hour. However, software and Information Technology establishments located in Maharashtra are exempted from Sec. 13, which means they need not adhere to the stipulated opening and closing hours. Since you have varying opening and closing hours between 9:30 a.m. to 9:00 p.m. and are not subject to Sec. 13, which consequently also exempts you from Rule 20 (since it was framed to give effect to Sec. 13), you also stand exempted, in my view, from the obligation to maintain Form J prescribed by Rule 20. You can take a stand accordingly.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
[Phone Number Removed For Privacy Reasons]