section 23
Repeal and saving]
The Bombay Shops and Establishments (Gujarat Extension and Amendment) Act, 1961Labour196123 sections
Statutory text
- (1) On the commencement of this Act, the Saurashtra Shops and Establishments Act, 1956 (hereinafter referred to as "the repealed Act") shall stand repealed : Provided that such repeal shall not affect-
- (a) the previous operation of the repealed Act or anything duly done or suffered thereunder ; or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obligation, liability, penalty, forfeiture or punishment incurred in respect of any offence committed under the repealed Act ; or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if this Act had not been passed : Provided further that anything done or any action taken under the provisions of the repealed Act shall be deemed to have been done or taken under the corresponding provisions of the principal Act, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the principal Act.
- (2) All exemptions granted by or under the repealed Act, and in force immediately before the commencement of this Act shall continue in force as if granted under the corresponding provisions of the principal Act unless and until superseded by anything done or any action taken under the principal Act. 12.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.
- (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.
- (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.
- (3) The cost of such identity card including the cost of the photograph shall be borne by the employer.
- (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.
- (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.
- (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.
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