Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
No: 61 Dated: Sep, 07 2017
Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
ACT No. LXI OF 2017
An Act to provide for the regulation of conditions of employment and other conditions of service of workers employed in shops, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments and for matters connected therewith or incidental thereto.
WHEREAS it is expedient to provide for the regulation of employment and other conditions of service of workers employed in shops, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments and for matters connected therewith or incidental thereto;
It is hereby enacted in the Sixty-eighth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent, application and commencement:- (1) This Act may be called the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017.
(2) It extends to the whole of the State of Maharashtra.
(3) The provisions of this Act, except section 7, shall apply to the establishments employing ten or more workers and the provisions of section 7 shall apply to the establishments employing less than ten workers.
(4) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint.
2. Definitions:- In this Act, unless the context otherwise requires,—
(1) “Chief Facilitator” means the Chief Facilitator appointed as such under section 28 of this Act;
(2) “day” means the period of twenty-four hours beginning at midnight;
(3) “employer” means a person owning or having ultimate control over the affairs of an establishment, and includes,—
(i) in the case of a firm or association of individuals, a partner or members of the firm or association;
(ii) in the case of a company, a director of the company;
(iii) in the case of an establishment owned or controlled by the Central Government or a State Government or any local authority, the person or persons appointed to manage the affairs of such establishment by the Central Government or the State Government or the local authority, as the case may be;
(4) “establishment” means an establishment which carries on, any business, trade, manufacture or any journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or produce exchange or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession or manufacture; and includes establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others), architect, engineer, accountant, tax consultant or any other technical or professional consultant; and also includes a society registered under the Societies Registration Act, 1860, and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto; and includes shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; to whom the provisions of the Factories Act, 1948 does not apply ; and includes such other establishment as the State Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;
(5) “Facilitator” means a Facilitator appointed under section 28 of this Act;
(6) “Factory” means any premises which is a factory within the meaning of clause (m) of section 2 of the Factories Act, 1948 or which is deemed to be a factory under section 85 of the said Act;
(7) “holiday” means a day on which a worker shall be given a weekly off under the provisions of this Act;
(8) “leave” means a leave provided for in Chapter IV of this Act;
(9) “local area” means any area or combination of areas to which this Act applies;
(10) “local authority” means the Municipal Corporation of Brihan Mumbai constituted or deemed to have been constituted under the Mumbai Municipal Corporation Act, Corporations constituted or deemed to have been constituted under the Maharashtra Municipal Corporations Act and the Municipal Councils constituted or deemed to have been constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, and includes any other body which the State Government may, by notification in the Official Gazette, declares to be a local authority for the purposes of this Act;
(11) “Manager” means a person mentioned in the application under section 6 of this Act ;
(12) “member of the family of an employer” means the wife, husband, son, daughter, father, mother, brother or sister of an employer who lives with and is dependent on such employer;
(13) “opened” means opened for the service of any customer, or for any business of the establishment, or for work, by or with the help of any worker of or connected with the establishment;
(14) “period of work” means the time during which a worker is at the disposal of the employer;
(15) “prescribed” means prescribed by rules made under this Act;
(16) “prescribed authority” means the Commissioner of Labour for the purposes of this Act;
(17) “register of establishment” means a register maintained for the registration of establishments under this Act, either manually or in electronic format;
(18) “registration certificate” means a certificate of the registration of an establishment;
(19) “residential hotel” means any premises used for the reception of guests and travellers desirous of dwelling or sleeping therein and includes residential club;
(20) “restaurant or eating house” means any premises, in which, wholly or principally the business of the supply of meal or refreshments to the public or a class of the public for consumption on the premises is carried on;
(21) “shop” means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store-room, godown, warehouse or work place, whether in the same premises or otherwise, mainly used in connection with such trade or business, but does not include a factory;
(22) “spread over” means the period between the commencement and the termination of the work of a worker on any day;
(23) “theatre” includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for dramatic performances or for any other public amusement or entertainment;
(24) “wages” means wages as defined in the Payment of Wages Act, 1936;
(25) “week” means the period of seven days beginning at midnight of Saturday;
(26) “worker” means any person (except an apprentice under the Apprentices Act, 1961) employed to do any manual, unskilled, skilled technical, operational or clerical work for hire or reward, whether the terms of employment be express or implied.