Uttarakhand Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
No: 3 Dated: Jan, 05 2018
Uttarakhand Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
(Uttarakhand Act No 03 of 2018)
An Act to regulate, amend and consolidate the law relating to the regulations of conditions of work and employment in the shops and establishments and for matters connected therewith or incidental thereto,
Be it enacted by the State Legislature of the Uttarakhand State in the Sixty-eighth Year of the Republic of India as follows:-
CHAPTER 1
Preliminary
1. Short title, extent and Commencement. - (1) This Act may be called the Uttarakhand Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017.
(2) It shall come into force to the shops and establishments employed to the ten or more employees.
(3) It shall come into force on such date, as the Government may, by notification in the Official Gazette appoint.
2. Definitions. - In this Act, unless the context requires otherwise,-
(a) "Chief Facilitator" means the Chief Facilitator appointed as such under sub-section (1) of section 17 of the Act;
(b) "day" means the period of twenty-four hours beginning at midnight;
(c) "employer" means a person owning or having ultimate control over the affairs of shop or an establishment, and includes,-
(d) (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 shop and 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 shop or establishment by the Central Government or the State Government or the local authority, as the case may be;
(e) "establishment" means such campus who is not campus of such any factory or any shop -
(i) to whom the work is done of any trade business, construction or concerning to them or their incidental or any assistant work of them or any work of journalism or publication or banking, insurance, stock, share, commission of a broker or work of produce; or
(ii) to whom the work is done for any theatre, cinema or public entertainment of any other work, to whom provisions of the Factories Act, 1948 does not apply.
(f) "Notification" means published notification in the gazette.
(g) "prescribed" means prescribed by rules made under this Act;
(h) "shop" means any premises where any trade or business is carried on or where services are rendered to customers and includes offices, store-rooms, godowns, sale-depots or ware-houses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948;
(i) "State" means the state of Uttarakhand;
(j) "wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes-
(i) any remuneration payable under any award or settlement between the parties or order of a Court;
(ii) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(iii) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(iv) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
(v) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force;
(vi) house rent allowance.
but does not include-
(a) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court;
(b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government;
(c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
(d) any travelling allowance or the value of any travelling concession;
(e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or
(f) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d).
(k) "week" means the period of seven days beginning at midnight of Saturday;
(l) "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.