The Bombay Shops and Establishments (Gujarat Extension and Amendment) Act, 1961

1. (1) This Act may be called the Bombay Shops and Establishments (Gujarat Extension and Amendment) Act, 1961.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In section 1 of the Bombay Shops and Establishments Act, 1948 (hereinafter referred to as "the principal Act") -

1. (1) for sub-section (2), the following shall be substituted, namely :- "(2) It extends to the whole of the State of Gujarat.".

"59A. If any spcified person bas ken requir cd or allowed to work whether as an employee or otherwise it1 an estaMishment, kfore the commeucment of the Bombay Shops and Esbblishme~lts (Girjnrat Amendment) Act. 1330 (hereinafter refcrred to as "the Amending Act") and such act of requiring or allowing such specified person to so work was not a contravention of seclinn;:jn3'

32 before such commencement, then nothing contained i11 this Act as mended roso.

by the amending Act shall be deemed ro render the co~ltinuance of tl~c Act of requiring or alIowing such persou to so work after such comrnencemct:t. a contravention of section 32. ~x~lanafion.-- or the purposes of 'this section "specified person" means a person who at the time when he was rquired or allowed to'work whether as an employee or otherwise in an c~tablishment had completed his twelftl! year but had not completed his fourteentli year.".

"(2) Every notification issued under he proviso to sub-section

1. (4) sbsll be Laid for not less than thuty days before the State Legislature as soon as may be after it is issued and shall be subject to such rescission by the Stab 1-egislature or to such rnoditicatioa as the State Legislature may make during
   • • the mion in wbich the notification is so, laid or the session immediately following.
2. (3) Any rescission or modification so made by the State Legislaturr: shaH ba puMisbed ia the Official Guzefte, and shaU thercupoa take effect.".

In section 11 of the principal Act, in sub-section

1. (I) in clause

1. (b) for the words "dealing in", the words "dealing mainly in" shall be substituted.

In section 12 of the principal Act, to sub-section (I), the following proviso shall be added, namely :- " Provided that nothing in this sub-section shall apply to the sale of newspapers.".

Amendment of section 38A of Born. LXXIX of 1948. In the principal Act, in section 38A, -

1. (i) for the words "four hundred rupees" the words "one thousand rupees" shall be substituted;
2. (ii) the portion beginning with the words "and in which at least five employees" and ending with the words "of that Act" shall be deleted.

Insertion of new section 43A in Born. LXXIX of 1948. In the principal Act, after section 43, the following new section shall be inserted, namely :--- "43A. Notwithstanding anything contained in section 43, the State Government may, by notification in the Official Gazette, direct that in the areas subject to the jurisdiction of such local authority as may be specified in the notification the provisions of this Act shall be enforced by the State Government from such date and for such period as may be specified in the notification and thereupon such local authority and officers of such local authority shall be discharged from the duty of enforcing the provisions of this Act within such area from the date and for the period so specified: Provided that the bye-laws, if any, made by the local authority under section 46 and in force in such area before the date so specified shall continue to be in force with amendments, if any, made therein, until such bye-laws are amended or superseded by the State Government.".

Amendment of section 22 of Born. LXXIX of 1948. 9. To section 22 of the principal Act, the following proviso shall be added, namely :- " Provided that, the State Government may, on an application made in that behalf by the employees concerned, permit the reduction of the interval for rest to half an hour.".

Amendment of section 20 of Born. LXXIX of 1948. 10. To section 20 of the principal Act, the following proviso shall be added, namely :- " Provided that, the State Government may, on an application made in that behalf by the employees concerned, permit the reduction of the interval for rest to half an hour.".

In section 67 of the principal Act,--

1. (a) in sub-section

1. (2) -
   • (i) after clause
   • (c) the following clause shall be inserted, namely :-- "(ca) the form of application for the renewal of registration certificate under section 7 ; ";
     • (ii) clause
   • (g) shall be deleted ;
   • (b) after sub-section
2. (3) the following sub-sections shall be inserted namely :- "
3. (4) All rules made under this Act shall be laid before the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or in the session immediately following.

In the principal Act, after section 26 the following section shall be inserted, namely :- " 38A. The provisions of the Workmen's Compensation Act, 1923 and the rules made for the time being in force thereunder shall mutatis mutandis apply to every employee (other than an employee drawing monthly wages exceeding four hundred rupees) of an establishment to which this Act applies and in which at least five employees are employed on the date of the accident as if he were a workman within the meaning of that Act. Explanation.-- For the purposes of this section the expression 'wages' shall have the same meaning as is assigned to it under the Workmen's Compensation Act, 1923 ".

In sub-section

1. (1) of section 45 of the principal Act, after the words "subordinate to it" the words "in the area within the jurisdiction of the local authority" shall be inserted, and for the words, brackets and figures "Sub-section
2. (2) of section 11" the words, brackets and figures "Section 6, sub-section
3. (2) of section 11" shall be substituted.

For section 48 of the principal Act, the following shall be substituted, namely :-

48.

1. (1) For an area within the jurisdiction of a local authority the local authority or for other areas the State Government shall, subject to the provisions of sub-section (3), appoint as many Inspectors as the local authority or the State Government, as the case may be, may deem necessary for the purpose of carrying out the provisions of this Act.
2. (2) Notwithstanding anything contained in sub-section (1), in the area within the jurisdiction of a local authority, the State Government may appoint Inspectors for such supervision as the State Government may prescribe.
3. (3) A person possessing the prescribed qualification shall be qualified for being appointed as an Inspector.
4. (4) A local authority or, as the case may be, the State Government may direct that the powers conferred on it by this section shall in such circumstances, and subject to such conditions ( if any ) as may be specified in the direction, be exercised -
   • (a) in the case of a local authority, by its standing committee or by any committee appointed by it in this behalf or, if such local authority is a municipal corporation, by its Municipal Commissioner or Deputy Municipal Commissioner, and
   • (b) in the case of the State Government, by any officer subordinate to it.".

In section 52 of the principal Act,-

1. (1) in clause
   • (a) after the word and figure "section 9" the words, brackets and figures "or fails to apply for the renewal of his registration certificate as required by sub-section
2. (6) of section 7" shall be inserted;
3. (2) in clause
   • (d) for the word and figures "33 or 34" the figures, word and letter "33, 34 or 34A" shall be substituted; and
4. (3) at the end the following proviso shall be added, namely :- " Provided that, if the contravention of any of the provisions of section 7 is continued after the expiry of the fifteenth day after conviction, the employer shall on conviction be punished with a further fine which may extend to ten rupees for each day on which the contravention is so continued.".

In section 56 of the principal Act for the figures "33" the figures, word and letter "33, 34A" shall be substituted.

In the proviso to sub-section

1. (1) of section 60 of the principal Act, after the words "municipal Commissioner" the words "or Deputy Municipal Commissioner" shall be inserted.

In section 66 of the principal Act,-

1. (I) for the portion beginning with "continuous employment for not less than three months" and ending with "in lieu of such notice", the following shall be substituted, namely :-

1. (a) for not less than a year, without giving such person at least thirty days' notice in writing, or wages in lieu of such notice;
2. (b) for less than a year but more than three months, without giving such person at least fourteen days' notice in writing, or wages in lieu of such notice." ;

1. (2) for the marginal note the following shall be substituted, namely :- "Notice of termination of service.".

In section 67 of the principal Act,--

1. (a) in sub-section

1. (2) -
   • (i) after clause (c), the following clause shall be inserted, namely :-- "(ca) the form of application for the renewal of registration certi- ficate under section 7 ; " ;
   • (ii) clause
   • (g) shall be deleted ;
   • (b) after sub-section
2. (3) the following sub-sections shall be inserted, namely :- "(4) All rules made under this Act shall be laid before the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or in the session immediately following.

For section 70 of the principal Act, the following shall be substituted, namely :- "70. Nothing in this Act shall be deemed to apply to a factory and the provisions of the Factories Act, 1948, shall, notwithstanding anything contained in that Act, apply to all persons employed in and in connec- tion with a factory : Provided that, where any shop or commercial establishment situate within the precincts of a factory is not connected with the manufactur- ing process of the factory, the provisions of this Act shall apply to it : Provided further that, the State Government may, by notification in the Official Gazette, apply all or any of the provisions of the Factories Act, 1948, to any such shop or commercial establishment situate within the pre- cincts of a factory, and upon the application of that Act to such shop or com- mercial establishment, the provisions of this Act shall cease to apply to it.".

Amendment of section 22 of LXXIX of 1948. 9. To section 22 of the principal Act, the following proviso shall be added, namely :-- " Provided that, the State Govornment may, on an application made in that behalf by the employees concerned, permit the reduction of the interval for rest to half an hour.".

1. (1) On the commencement of this Act, the Saurashtra Shops and Establishments Act, 1956 (hereinafter referred to as "the repealed Act") shall stand repealed : Provided that such repeal shall not affect-
   • (a) the previous operation of the repealed Act or anything duly done or suffered thereunder ; or
   • (b) any right, privilege, obligation, liability, penalty, forfeiture or punishment incurred in respect of any offence committed under the repealed Act ; or
   • (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed : Provided further that anything done or any action taken under the provisions of the repealed Act shall be deemed to have been done or taken under the corresponding provisions of the principal Act, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the principal Act.
2. (2) All exemptions granted by or under the repealed Act, and in force immediately before the commencement of this Act shall continue in force as if granted under the corresponding provisions of the principal Act unless and until superseded by anything done or any action taken under the principal Act. 12. Insertion of new sections 62A and 62B in Born. LXXIX of 1948 -1 12. In the principal Act, after section 62, the following new sections shall be inserted, namely :- "62A.
3. (1) This section shall apply to every residential hotel, restaurant and eating house in the whole of the State and it shall apply to such other establishments or classes of establishments in the whole of the State or any part thereof as may be specified by a notification in the Official Gazette, from such date as may be specified in such notification.
4. (2) The employer of every establishment to which this section applies shall furnish each employee therein with an identity card which shall be produced by the employee on demand by an Inspector. Such card shall contain the following and such other particulars as may be prescribed, namely :-
   • (a) name and address of the employer;
   • (b) the name, if any, and postal address of the establishment;
   • (c) full name, address and designation of the employee;
   • (d) date of birth of the employee;
   • (e) the date on which the employee joined service in the establishment ;
   • (f) recent passport size photograph of the employer duly signed by the employee ;
   • (g) hours of work, the interval for rest and the holiday, of the employee ;
   • (h) signature (with date) of the employer or manager : Provided that it shall not be necessary to furnish such identity card to any employee to whom an identity card containing similar particulars and information is furnished under any other law applicable to him.
5. (3) The cost of such identity card including the cost of the photograph shall be borne by the employer.
6. (4) If the identity card furnished by the employer is lost by the employee, a duplicate card shall be furnished free of charge by the employer immediately on production of his passport size photograph by the employee for being used on the card.
7. (5) No employee shall work as an employee in an establishment to which this section applies unless he holds an identity card required to be furnished under this section and no employer shall permit or require any person who does not hold such card to work in such establishment.
8. (6) If an employer of any establishment, to which this section applies contravenes any of the provisions of this section, he shall, on conviction, be punished with fine which shall not be less than ten rupees and which may extend to fifty rupees.

Every employer shall conspicuously display on the main entrance of the establishment, a board or metal signboard of such size, painted in such manner and containing such particulars as may be prescribed.".