section 3
Exemptions
The KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACTChapter I PRELIMINARY
(1) Nothing contained in this Act shall apply to- (a)persons employed in any establishment in a position of management; (b)persons whose work mainly involves traveling, and persons employed as canvassers and caretakers and whose names do not appear in the muster rolls; (c)establishments under the Central or any State Government, local authorities, the Reserve Bank of India and cantonment authorities; (d)establishment in mines and oil fields; (e)establishments in bazaars in places where fairs or festivals are held temporarily for a period not exceeding fifteen days at a time; (f)establishments which, not being factories within the meaning of the Factories Act, 1948 (Central Act 63 of 1948) are in respect of matters dealt with in this Act, governed by a separate law for the time being in force in the State of Kerala. (2)Nothing contained in section 10 shall apply to— (a)hospitals and other institutions for the treatment or care of the sick, the infirm, the destitute or the mentally unfit; (b)such chemists’ or druggists’ shops, as the Government may, by general or special order, specify; (c)clubs and residential hotels, hostels attached to schools or colleges, and establishments maintained in boarding schools, in connection with the boarding and loading of pupils and resident masters; (d)stalls and refreshment rooms at railway stations docks, wharves or ports. After Chapter IIA of the principal Act, the following Chapter shall be inserted, namely:-- "Chapter IIA CONDITIONS FOR ENGAGING EMPLOYEES 5D. Issue of appointment letter.--Every employer of a medium or a big establishment shall issue an appointment letter, in such manner as may be prescribed, to the employees at the time of appointment. 5E. Prohibition of retaining education certificate or experience certificate.-- No educational certificate or experience certificate in original received from an employee shall be retained by the employer of any establishment at the time of appointment or during the course of employment. 5F. Issue of service certificate.--Every employer shall provide service certificate to the employee engaged by him, in such manner as may be prescribed, at the time of resignation or retrenchment or superannuation of the employee or while applying for another job.". In section 5A of the principal Act,-- (1) in sub-section (1), after the words "make an application", the words "through Labour Commissionerate Automation System" shall be inserted; (2) for sub-section (6), the following sub-section shall be substituted, namely:-- "(6) An application for the renewal of a registration certificate granted under this Act shall be made at least thirty days before the expiry of the period thereof, and on payment of such fees, as may be prescribed, through Labour Commissionerate Automation System, the registration certificate shall be renewed automatically."; (3) sub-section (7) shall be omitted; (4) in sub-section (8), after the words "granted or renewed", the words "through Labour Commissionerate Automation System" shall be inserted.
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