Bare Act

The Madhya Pradesh Shops and Establishments Act, 1958

Labour202567 sections

The Madhya Pradesh Shops and Establishments Act, 1958, regulates the working conditions of employees in shops, commercial establishments, residential hotels, restaurants, and theatres across Madhya Pradesh. It mandates registration for these businesses and sets strict rules regarding daily and weekly working hours, mandatory holidays, and leave entitlements. The Act prohibits child labor and restricts the employment of women and young persons during late hours. By standardizing these operational requirements, the Act ensures fair treatment for workers and provides a clear legal framework for business owners to manage their establishments, ultimately balancing commercial activity with labor welfare.

  1. 1. Short title, extent, operation and application
  2. 2. Definitions
  3. 3. Act not applicable to certain persons and establishments
  4. 4. Application of Act to other establishments and persons
  5. 5. Suspension of all or any of the provisions of this Act
  6. 6. Registration of establishments
  7. 7. Change to be communicated to Inspector
  8. 8. Closing of establishment to be communicated to Inspector
  9. 9. The Inspector shall, on receiving the information and being satisfied about its correctness, remove such establishment from the register of establishment and cancel the registration certificate.
  10. 10. Hawking prohibited before opening and after closing hours of shops
  11. 11. Hours of work in shops and commercial establishments
  12. 12. Spread-over in shops and commercial establishments
  13. 13. Holidays in a week in shops and commercial establishments
  14. 14. Provided that nothing in this sub-section shall apply to any person whose total period of continuous employment is less than six days.
  15. 15. Restriction on selling of goods
  16. 16. Hours of work in residential hotels, restaurants and eating-houses
  17. 17. Spread-over
  18. 18. Provided that the Government may increase the spread-over period subject to such conditions as it may impose on the days that may be notified under sub-section (3) of section 14.
  19. 19. Closing hour of theatres or other places of public amusement or entertainment
  20. 20. Theatres or other places of public amusement or entertainment not to sell goods of the kind sold in shops after the closing hour of shops
  21. 21. Hours of work in theatres or other places of public amusement or entertainment
  22. 22. Spread-over
  23. 23. Holidays in a week
  24. 24. No child to work in any establishment
  25. 25. Young persons and women to work between 7 a. m. to 9 p. m
  26. 26. Employee's right for casual and privilege leave
  27. 27. Pay during leave
  28. 28. Payment when to be made
  29. 29. Power of Inspector to act for workers
  30. 30. Application and amendment of the Payment of Wages Act,
  31. 31. Cleanliness
  32. 32. These methods may include lime-washing, colour-washing, painting, varnishing, disinfecting and deodorising.
  33. 33. Precaution against fire and hazards
  34. 34. Powers and duties of local authorities
  35. 35. Power to make bye-laws
  36. 36. Submission of annual report, etc
  37. 37. It shall submit to the Government from time to time such annual or periodical returns as may be prescribed.
  38. 38. Power of Government to provide for performance of duties on default by local authority
  39. 39. Expenses of local authority to be paid out of its fund
  40. 40. Appointment of Inspectors
  41. 41. Powers and duties of Inspectors
  42. 42. Inspectors to be public servants
  43. 43. Employer to produce registers, records etc. for inspection
  44. 44. Contravention of certain provisions and offences
  45. 45. Contravention of section
  46. 46. Employees contravening sections 13(3), 18, 25 and
  47. 47. False entries by employer and manager
  48. 48. Enhanced penalty in certain cases after previous conviction
  49. 49. Penalty for obstructing Inspector
  50. 50. Persons who may be liable to be prosecuted against and punished
  51. 51. Cognizance of offences
  52. 52. Limitation of prosecutions
  53. 53. Composition of offence
  54. 54. Maintenance of registers and records and display of notices
  55. 55. Provided further that the Government may allow the registers and records to be maintained in computerised or digital formats.
  56. 56. Evidence as to age
  57. 57. Restriction of double employment on a holiday or during leave
  58. 58. Notice of dismissal
  59. 59. Rules
  60. 60. Protection to persons acting under this Act
  61. 61. Rights and privileges under other law, etc. not affected
  62. 62. Persons employed in factory to be governed by Factories Act and not by this Act
  63. 63. Provisions of the Workmen's Compensation Act, to apply mutatis mutandis
  64. 64. Provisions of provident fund
  65. 65. Provided that this section shall apply only to such places and such classes of employers as may be notified in this behalf by the Government.
  66. I. SCHEDULE I
  67. II. SCHEDULE II

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