Understanding the Maharashtra Shops Act: Are Annual Employee Medical Checkups Mandatory?

ravikiran-multaikar
Dear All,

I request you to please guide me on the Maharashtra Shops and Establishment Act. Is a medical checkup of employees required or mandatory under the act every year? If yes, then must the medical practitioner be DISH approved?

Thanks,
RaviKiran.
loginmiraclelogistics
Hi Ravi, there are no specific provisions regarding medical checkups as a precondition to employing a person under the Act. However, there are certain restrictions on employing underage boys and women and ensuring that only fit persons are employed to suit the nature of your job, which you have to take care of. As far as I know, the following provisions are currently relevant:

Evidence as to age

(1) When an act or omission would, if a person were under or over a certain age, be an offense 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 the accused to prove that such person is not under or over such age.

(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, 1948 (LXIII of 1948).

The extract of the Act is attached for your ready reference (subject to updating for any amendments to the Act).
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