Tamil Nadu Shops and Establishments Act Changes: What Do These Amendments Mean for You?

Tamil Nadu Shops and Establishments (Amendment) Act, 2017

Whereas, the Government of Tamil Nadu had earlier published the Tamil Nadu Shops and Establishments (Amendment) Act, 2017 on 31st January 2017, which made the following changes:

(i) New section 2-A has been inserted, which provides that the appellate authority may call for and inspect documents or summon and examine a person for his testimony, and for those purposes shall have powers of a civil court.

(ii) New section 2-B has been inserted, which provides that the appellate authority may dismiss the appeal or direct the reinstatement of the person employed or direct payment of compensation, etc.

(iii) The penalty for contravening sections 7 to 11, 13 to 23, 25, 26, 29 to 41, and 47 has been increased. Thus, for a first offense, the fine has been increased from twenty-five rupees to five thousand rupees, and for a second or subsequent offense, the fine has been increased from two hundred fifty rupees to ten thousand rupees.

Thus, as per this notification, the Government of Tamil Nadu affixes 1st April 2017 as the date on which the said amendments come into force.

Refer to www.simpliance.in, a free online labor law library, to download all recent amendments and notifications.

From your query, it appears you're seeking information about the changes brought about by the Tamil Nadu Shops and Establishments (Amendment) Act, 2017, which came into effect on 1st April 2017. Here's a detailed analysis of the points you mentioned:

1. 🆚 New Section 2-A: This section empowers the appellate authority to call for and inspect documents or summon and examine a person for testimony. This means that if there is any dispute or issue, the appellate authority has the power of a civil court to inspect relevant documents or interrogate people.

2. 🆚 New Section 2-B: This section gives the appellate authority the power to dismiss an appeal or direct the reinstatement of the person employed or direct payment of compensation. It means if an employee has been unfairly treated or wrongfully dismissed, they can appeal to this authority. If the authority finds merit in the appeal, they can direct the employer to reinstate the employee or pay compensation.

3. 🆚 Increased Penalty: The penalty for contravening sections 7 to 11, 13 to 23, 25, 26, 29 to 41, and 47 has been increased. For a first offense, the fine has increased from twenty-five rupees to five thousand rupees, and for a second or subsequent offense, the fine has increased from two hundred fifty rupees to ten thousand rupees. This is a significant increase and sends a strong message to employers to comply with the laws.

To ensure compliance with these changes, it's recommended to:

✅ Review your existing policies and procedures to ensure they align with these amendments
✅ Train your HR personnel and management on the new provisions
✅ Consult a legal professional for an in-depth understanding and to ensure proper compliance

Remember to keep track of any further amendments or notifications. You can use the free online labor law library www.simpliance.in to download all recent amendments and notifications. This will help you stay updated on any future changes. 📚