The MP Shops and Establishment Act, 1958

(1) This Act may be called the Madhya Pradesh Shops and Establishments Act, 1958. (2) It extends to the whole of Madhya Pradesh. (3) It shall come into force on such date as the Government may, by notification, appoint in this behalf. (4) This Act shall apply in the first instance to the local areas spccified in Schedule I. The State Government may, by notification, direct that all or any of the provisions of this Act shall apply to any other local area as may be specified in the notification on such date as may be fixed therein & different dates may be fixed for different provisions of this Act and for different classes of establishments.

NOTIFICATIONS [Notification No. 4095-2713-XVI-A-90, dt. 5-11-1990; Pub. in M.P. Rajpatra (Asadharan), dt. 5-11-90, p. 2417].- In exercise of the powers conferred by sub-section (2) of section I of the Madhya Pradesh Shops and Establishments (Amendment) Act, 1990 (No. 23 of 1990), the State Government hereby appoints the Fifth November 1990 as the date on which the said Act shall come into force. [No. F.4(1)-91-XVI-A, dated 11th July, 1995. M.P. Rajpatra pt. 1, dated 28th July, 1995, p. 1196]- In exercise of the powers conferred by section 1(2) of the Madhya Pradesh Shops and Establishments (Amcndment) Act, 1994 (No. 17 of 1995), the State Government has appointed 1st August, 1995, as the date from which the provisions of the said Act will come into force in the State.

In this Act, unless there is anything repugnant in the subject or context,— (1) “Apprentice” means a person who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft, business or employment in any establishment; (2) ‘child’ means a person who is below fourteen years; (3) ‘closed’ means not open for the service of any customer, or for any business of the establishment or for any work connected with the establishment; (4) ‘Commercial establishment” means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes— (a) a society registered or deemed to have been registered under the Madhya Pradesh Societies Registration Act, 1959 (1 of 1960) and a charitable or other trust, whether registered or not, which carries on whether for gain or not, any business, trade or profession or work in connection with or incidental or ancillary to such business, trade or profession; (b) an establishment which carries on the business of advertising, commission agency, forwarding or commercial agency or which is a clerical department of a factory or of any industrial or commercial undertaking; (c) an insurance company, joint stock company, bank, broker’s office and exchange; but does not include a factory, shop, residential hotel, restaurant, eating-house theatre or other place of public amusement or entertainment; (5) “day” means the period of twenty-four hours beginning at midnight: Provided that in the case on an employee whose hours of work extend beyond midnight, day means the period of twenty four hours beginning when such employment commences irrespective of midnight; (6) “employee” means a person wholly or principally employed, whether directly or through any agency, and whether for wages or other consideration, in or in connection with any establishment, and include an apprentice, but does not include a member of the employer’s family; (7) “employer” means a person owning or having ultimate control over the affairs of an establishment and includes the manager, agent or any other person acting in the general management or control of such establishment; (8) “establishment” means a shop, commercial establishment, residential hotel, restaurant, eating-house, theatre, or other place of public amusement or entertainment to which this Act applies and includes such other establishment of like nature as the Government may, by notification, declare to be an establishment for the purposes of this Act; (9) “factory” means any premises which is a factory within the meaning of clause (m) of section 2 of the Factories Act, 1948 (63 of 1948) or which is deemed to be a factory under section 85 of the said Act; (10) “goods” includes all materials, commodities and articles; (11) “holiday” means a day on which an establishment shall remain closed or on which an employee shall be given a holiday under the provisions of this Act; (12) “Inspector” means an Inspector appointed or deemed to be appointed under the Act, whether by name or by virtue of office; (13) “Labour Commissioner” means the person appointed as such by the Government and includes, for the purposes of such provisions of the Act, and for such areas as the Government may direct, an officer not below the rank of an Assistant Labour Commissioner; (14) “leave” means leave as provided for in Chapter VII of this Act; (15) “Local authority” means a municipal corporation or municipality constituted under any enactment in force for the time being; (16) “manager” means a person declared to be a manager under section 6; (17) “member of the family of an employer” means the husband, wife, son, daughter, father, mother, brother or sister of an employer who lives with and is dependent on such employer; (18) “opened” means opened for the service of any customer or for any business of the establishment, or for any work connected with the establishment; Explanation.—An establishment in the premises of which people are present shall be presumed to be opened unless contrary is proved; (19) “period of work” means the time during which an employee is at the disposal of the employer; (20) “register of establishment” means a register maintained for the registration of establishments under this Act; (21) “registration certificate” means a certificate showing the registration of an establishment; (22) “residential hotel” means any premises in which a bonafide business is carried on of supplying for payment lodging or board and lodging to travellers and other members or class of members of the public and includes a residential club; (23) “restaurant or eating-house” means any premises in which is arrived on wholly or principally the business of the supply of meals or refreshments to the public or a class of the public for consumption on the premises, and includes a Halwai’s shop; but does not include a restaurant or a canteen attached to a factory if the persons employed therein are allowed the benefits provided for workers under the Factories Act, 1948 (63 of 1948); (24) “shop” means any premises where goods are sold, either by retail or wholesale or both or where services are rendered to customers, and includes an office, a store room, godown, warehouse or workplace, whether in the same premises or otherwise used in connection with such trade or business but does not include a factory, a commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment 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 (63 of 1948); (25) “spread-over” means the period between the commencement and the termination of the work of an employee on any day; (26) “theatre” includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for a dramatic performance or for any other public amusement or entertainment; (27) “wages” means wages as defined in the Payment of Wages Act, 1936 (4 of 1936); (28) “week” means the period of seven days beginning at midnight of Saturday; (29) “year” means a year commencing on the first day of April; and (30) “young person” means a person who is not child and has not completed his seventeenth year.

from 15th August, 1972, vide Notfn. Published in M.P.Rajpatra, part I, dated 4.8.1972, p. 942. [ 17] Municipal limits and three kilometers around Alot, Khachrod, Nagada, Mahasamund, Mahidpur, Naogaon, Dongargarh & Waraseoni, from 28.5.1976 vide Notfn. Published in M.P.Rajpatra, part I, dated 28.5.1976, p. 918. [18] Hata Town (Damoh), Dhanpuri (Shahdol), Burhar (Shahdol), Agar (Shajapur), Panagar (Jabalpur), Parasia (Chhindwara), Junnardeo (Chhindwara), Jamai (Chhindwara), Saunsar (Chhindwara), Kareli (Narsingpur). Gotegaon (Narsingpur), Manawar (Dhar), Jait-wara (Satna), Tarana (Ujjain), Anjad (Burhanpur), Kaymore (Katni), Deori (Sagar), Chirimiri (Surguja), Biora (Bhopl), Sarangpur (Bhopal), Ashta (Bhopal), Tilda Newra (Raipur), Baloda (Raipur), Dalli Rajhara (Raipur), Nela Janjgir (Bilaspur), Sabalgarh (Morena), Jaura (Morena), Gohad (Bhind), Manasa (Mandsaur), Dongargon, Khairagarh, Kawardha, from 1.1.1988, vide Notfn. Published in M.P. Rajpatra, (Asadharan), dated 1.1.1988, p. 2. [19] Baloda Bazar (Raipur). Khurasia (Surguja), Nayapara Rajim (Gobra Nawapara) (Raipur), Nepanagar (Burhanpur), -Gadakota (Sagar), Mandleshwar (Burhanpur), from 1.7.1988, vide Notfn. Published in M.P.Rajpatra, part I, dated 15.7.1988, p.1709.

S. 3(1)(k) [Notification No. 272/8647/XVdated 12th January, 1960, published in M.P. Rajpatra, Part 1. dated 12-2-60, p. 203].-In exercise of the powers conferred by clause (k) of sub-section (1) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) the State Government are pleased to exempt the Madhya Pradesh Financial Corporation (incorporated under State Financial Corporation Act, 1951), from the operation of said Act.

[Notification No. 844-189-XV1 dated 17th February, 1967, published in M.P. Rajpatra, Part I, dated 18-8-67, p. 902].–In exercise of the powers conferred by clause (k) of sub-section (1) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) the State Government hereby exempt the offices of the Indian Airlines Corporation located in the State of Madhya Pradesh from the operation of the said Act.

[Notification No. 7031-8797-XV1 dated 28th October, 1972. published in M.P. Rajpatra, Part I, dated 24-11-72, p. 1632].- In exercise of the powers conferred by lause (k) of sub-section (1) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) the State Government hereby exempts the offices of the Food Corporation of India located in the State of Madhya Pradesh from the operation of said Act.

[Notification No. 4(B)-2-84-Lab-XVI-A, dated 21st September, 1984, published in M.P. Rajpatra (Asadharan). dated 21-9-84, p. 2211].-In exercise of the powers conferred by clause (k) of sub-section (1) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) and in supersession of this department's notification No. 6086-2693-XVI-A, dated 25th August, 1982, the State Government hereby exempts the Establishment of the Banks specified in the Schedule below located in the State of Madhya Pradesh from the operation of said Act:– SCHEDULE (1) Scheduled Banks within the meaning of clause (e) of Section 2 of the Reserve Bank of India Act, 1934 (No. 2 of 1934) and all other financing commercial Banks; (2) Subsidiary Banks within the meaning of clause (k) of Section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (No. 38 of 1959); and (3) All Regional Rural Banks, set up under the Regional Rural Banks Act, 1976 (No. 21 of 1976).

[Notification No. 1133-3365-XVI-A-85 dated 1st March, 1986, published in M.P. Rajpatra, Part I, dated 20-6-86, p. 1362].- In exercise of the powers conferred by clause (k) of sub-section (1) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) the State Government hereby exempts the following offices of the Bharat Aluminium Company Limited Korba (M.P.) from the operation of said Act:— (1) Aluminium Bhavan comprising of Personnel, Finance and-Accounts, Materials and Purchase, General Administration, Public Relations, General Manager's Secretariat, Office of the Chief Industrial Engineer outside the perimeter wall of the plant. (2) Township Maintenance comprising Office of Manager, Township and Estate Department, Zonal Engineer (Construction and Maintenance). (3) Management and Technical Institute. (4) Site Offices comprising Office of the Accounts and Audit Department, Planning and Co-ordination Department, Security Department, Superintending Engineer (Mech.) Superintending Engineer (Elect.) etc. (5) Temporary stores Parshabhatha located outside the perimeter wall of the plant. (6) Guest Houses comprising of Director's Bungalow, Experts Hostel, Guest House Apprentices Hostel, Bachelor Hostel located in Balco Township and outside the perimeter wall of the plant. (7) Welfare Canteens located in the Aluminium Bhavan and site offices. (8) Petrol Pump run by Balco Management. (9) Balco Employees Consumers Co-operative and Thrift Society (run under the Balco Management).

[Notification No. 1871-XVI-A-89 dated 15th September, 1989, published in M.P. Rajpatra, Part I, dated 29-9-89, p. 1872- 73].- In exercise of the powers conferred by clause (k) of sub- section (1) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) the State Government hereby exempts all the employees employed in the following department/Offices of the South Eastern Coalfields Ltd., Bilaspur and Central Mine Planning and Design Institute Limited, Bilaspur (Subsidiaries of Coal India Ltd.) from the provisions of the said Act:— South Eastern Coalfields Ltd. 1. CMD's Secretariat, 2. Director (Tech.) North's Secretariat, 3. Director (Tech.) South's Secretariat, 4. Director (Personnel's) Secretariat, 5. Director (Finance's) Secretariat, 6. General Manager (Personnel's) Secretariat, 7. Electrical & Mechanical Department, 8. Civil Department, 9. Materials Management Department, 10. Administration Department, 11. Production Department, 12. Personnel Department— (i) Manpower, (ii) Recruitment, (iii) Industrial Relations, (iv) Executive Estb., (v) Public Relations, (vi) Non Exec. Estb., (vii) Welfare Department. 13. Vigilance Department, 14. Accounts Department, 15. Projects Department, i 16. Planning Department, 17. Excavation Department, 18. Human Resource Development, 19. Sales Department, 20. Security Department, 21. Legal Department, 22. Hindi Department, 23. Quality Control Department. 24. Revenue Department, 25. Medical Department, 26. Safety Department, 27. Computer Department, 28. Rescue Department, 29. Industrial Engineering Department, 30. Geology Department, 31. Statistical Department, 32. Priyadarshini Kala Mandir, 33. Arpa House, 34. Bilaspur Bhavan 35. Management Development Institute, 36. Dispensary, 37. Town Administration and Civil Engg. Works at Indira Vihar Colony, 38. Located at Nehru Shatabdi Nagar and at Basant Vihar Colony, 39. Educational Institutions, and 40. Other related Offices/Departments. Central Mine Planning and Design Institute Ltd. 1. Regional Directors Secretariat, 2. Personnel and Administration Department, Comprising of Secretariat, Ministerial, Guest House, Vehicle Staff and Peons. 3. Planning and Design Department, including Drawing and Reprographic Section. 4. Exploration and Drilling Department, 5. Finance and Accounts Department, 6. Electrical and Mechanical Department, 7. Civil Engineering Department.

[Notification No. 1100-491-XVI-A-91 dated 12th March, 1991. Published in M.P. Rajpatra, Part I, dated 13-9-91, p. 1346].– In exercise of the powers conferred by clause (k) of sub-section (1) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) the State Government hereby exempt all the employees employed in South Eastern Coal Fields Limited, Bilaspur, Central Coal Mine Planning and Design Institute Limited, Bilaspur, Western Coal Fields & Northern Coal Fields Nagpur located in the State of Madhya Pradesh from the provisions of said Act.

[Notification No. 2324-1162-XVI-A-91 dated 4th June. 1991. published in M.P. Rajpatra, Part I, dated 23-8-91, p. 1014].- In exercise of the powers conferred by clause (k) of sub-section (1) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) the State Government hereby exempts all the employees employed in National Thermal Power Ltd., located in State of Madhya Pradesh from the provisions of said Act.

Notification No. F. 28-49-98-XVI-A dated the 20th January, 1999– In exercise of the powers conferred by clause (K) of sub-clause (1) of Section 3 of the Shop and Establishments Act, 1958 (No. 25 of 1958) the State Government hereby exempt the branch office of National Mineral Development Corporation Ltd., Deposit No. 5, P.O. Becheli, District Bastar (M.P.) located in State of Madhya Pradesh from all the provisions of the said Act. [Published in M.P. Rajpatra Part I 29-1-99 Page 156].

S. 3(2) [Notification No. 6398/4857/XVI dated 8th October, 1959, published in M.P. Rajpatra. Part I, dated 23-10-59, p. 1424- 1426].– In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) and in supersession of all the previous

(1) Notwithstanding anything contained in this Act, the Government may, by notification, declare any establishment or class of establishments to which or any person or class of persons to whom, this Act or any of the provisions thereof does not for the time being apply, to be an establishment or class of establishments or a person or class of persons to which or whom this Act or any provision thereof shall apply from such date as may be specified in the notification. (2) On such declaration under sub-section (1), any such establishment or class of establishments or such person or class of persons shall be deemed to be an establishment or class of establishments to which, or to be an employee or class of employees to whom this Act applies and all or any of the provisions of this Act, shall apply to such establishment or class of establishments 0or to such employee for class of employees.

(1) The State Government may, by notification, suspend the operation of all or any of the provisions of this Act, on account of any public holiday, festival, mela or fair or any other reason, for such period and subject to such conditions as may be specified in such notification.

(1) Every establishment to which this Act applies shall be registered in accordance with the provision of this section. (2) Within thirty days from the date on which this Act applies to an establishment, its employer shall send to the Inspector of the area concerned a statement, in the prescribed form, together with such fees, as may be prescribed containing– (a) the name of the employer, the manager and the person holding positions of management, if any; (b) the postal address of, and the .date of starting the business by, the establishment; (c) the name, if any, of the establishment; (d) the category of the establishment, i.e. whether it is a shop, commercial establishment, residential hotel, restaurant, eating- house, theatre or other “place of public amusement or entertainment; and (e) such other particulars, as may be prescribed. (3) On receipt of the statement and the fees, the Inspector shall, on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such manner as may be prescribed and shall issue, in the prescribed form, a registration certificate to the employer. The registration certificate shall be prominently displayed at the establishment. (4) In the event of any doubt or difference of opinion between an employer and the Inspector as to the category to which an establishment should belong, the Inspector shall refer the matter to the Labour Commissioner who shall, after such inquiry as he thinks proper, decide the category of such establishment and his decision shall be final for the purposes of this Act. (5) The Government may, by notification, require renewal of registration certificates issued under this section at such intervals not being less than five years, and on payment of such fee as may be prescribed. (6) The registration fee and the renewal fee shall not exceed two hundred and fifty rupees per establishment.

It shall be the duty of an employer to notify to the/Inspector, in the prescribed form, any change in respect of any information contained in his statement under section 6 within seven days after the change ha» taken place. The Inspector shall, on receiving such notice and on being satisfied about its correctness, make the change in the register of the establishments in accordance with such notice and shall amend the registration certificate or issue a fresh registration certificate if necessary.

The employer shall, within fifteen days of his closing the establishment, notify to the Inspector in writing the date of such closure and return the registration certificate. The Inspector shall, on receiving the information and being satisfied about its correctness, remove such establishment from the register of establishments and cancel the registration certificate.

[Notification No. 4315-3586-XVI dated 4-8-1970, published in M.P. Rajpatra, Part I, dated 14-8-70, p. 1606].-- In exercise of the powers conferred by section 9 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), and in supersession of all the previous order on the subject, the State Government hereby orders that no shop or commercial establishment situated in the local areas where the said Act is in force shall on any day: (a) be opened earlier than 8 a.m.; and ° (b) be kept open later than 8 p.m.

[Notification No. 2863-14594-XVI dated 28-5-1974, published in M.P. Rajpatra, Part I, dated 5-7-74, p. 1181].-- In exercise of the powers conferred by section 9 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), and in supersession of this Department notification No. 4(b)-1-73- Lab. XVI dated the 12th April, 1973 the State Government hereby orders that no excise and liquor shops in the State shall on any day-fa) be opened earlier than 10 a.m.; and (b) be kept open during the months of April to September later than 10 P.M. and during the months of October to March later than 9 P.M.

[Notification No. 8209-10062-XVI dated 12-12-1979, published in M.P. Rajpatra. Part I, dated 28-3-80, p. 1025].-- In exercise of the powers conferred by section 9 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), and in partial modification of this Department notification No. 4315-3586-XVI dated the 4th August, 1970 the State Government hereby orders that no shop or commercial establishment, other than a shop or commercial establishment specified in Schedule below, situated in the local areas where the said Act is in force shall on any day be kept open later than 7 p.m. Schedule 1. A Printing press, not being a factory within the meaning of clause (m) of section 2 of the Factories Act, 1948 (No. 63 of 1948); 2. Stalls at a place determined under section 76 of the Motor Vehicles Act, 1939 (No. IV of 1939), at which motor vehicles stand or public service vehicles stop; 3. Petrol Pump; 4. Shops or commercial establishments where drugs are sold; 5. Consultation Room of a Registered Medical Practitioner; 6. Pan Stalls.

[Notification No. F. 28-31-96-XVI-A dated the 17th October, 1996-- In exercise of the powers conferred by Section 9 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), and in supersession of previous Notification No. F. 28-31-96-XVI-A, dated 11th October 1996, the State Government hereby direct that no shops or commercial establishments (except liquor shops) situated in the local areas where the said Act is in force shall on any day – (a) Be opened earlier than 8.00 a.m., and (b) Be kept open later than the 7.00 p.m. (2) These directives shall come into force w.e.f. 22nd October 1996 until further orders. [Published in M.P. Rajpatra Part I dated 18-10-96 Page 969].

(1) No person shall carry on in or adjacent to a street or a public place the sale of any goods before the opening and after the closing hours fixed under section 9 for the shops dealing in the same class of goods in the locality in which such street or public place is situate: Provided that nothing in this section shall apply to the sale of newspapers. (2) Any person contravening the provisions of sub-section (1) shall be liable to have his goods seized by an Inspector. (3) The goods seized under sub-section (2) shall be returned to the person from whom they were seized on his depositing rupees fifty as security for his appearance in the Court. (4) If the person fails to make the deposit, the goods seized shall be produced without delay before a Court, who may give such directions as to their temporary custody, as it thinks fit. (5) Where no prosecution is instituted for contravention of the provisions of sub-section (1) within such period as the Court may fix in this behalf the Court shall direct their return to the person from whom they were seized. (6) Subject to the provisions of the preceding sub-section, the provisions of Code of Criminal Procedure, 1898 (No. V of 1898), shall so far as they may be applicable, apply to the disposal of the goods seized under this section.

(1)(a) No employee in any shop or commercial establishment shall be required or allowed to work for more then 48 hours in a week. (b) Subject to clause (a) no employee shall be required to work– (i) in any shop, for more than nine hours on any day; (ii) in any commercial establishment, for more than ten hours on any day. (2) Any employee may be required or allowed to work in a shop or commercial establishment for any period in excess of the limit fixed under sub-section (1) if such period does not exceed six hours in any week. (3) On not more than six days in a year, which the Government may fix by rules made in this behalf, for purposes of making of accounts, stock-taking, settlements or other prescribed occasions, any employee may be required or allowed to work in a shop or commercial establishment in excess of the period fixed under sub-section (1), if such excess period does not exceed twenty-four hours.

The spread-over of an employee in a shop or commercial establishment shall not exceed twelve hours on a day: Provided that in cases where any shop or commercial establishment is on any day entirely closed for a continuous period of not less than three hours, the spread-over shall not exceed thirteen hours on that day: Provided also that where an employee works on any day in accordance with the provisions of sub-section (2) of section 11, the spread-over shall not exceed fourteen hours on any such day and where he works on any day in accordance with the provisions of sub-section (3) of the said section, the spread-over shall not exceed sixteen hours, on any such day: Provided further that the Government may increase the spread-over period subject to such conditions as it may think fit either generally in the case of commercial establishments or in the case of a class of commercial establishments.

(1) Every shop and commercial establishment shall remain closed on one day of the week. The employer shall fix such day at the beginning of the year, notify it to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the shop or commercial establishment. The employer shall not alter such day more often than once in three months, shall notify the alternation to the Inspector and make the necessary change in the notice in the shop or commercial establishment: Provided that where any shop or commercial establishment comes after the beginning of any year within the purview of this Act, for the first time, the employer shall also fix such day of the week on which the shop or commercial establishment shall remain closed and notify it to the Inspector within one month of the date on which the shop or establishment so comes within the purview of this Act. (2) If any day notified as holiday under sub-section (1) happens to be a day of public festival, the employer may keep the shop or commercial establishment open on such day but in that event he shall keep the shop or commercial establishment closed on some other day within three days before or after the date of such public festival and give notice of the change to the Inspector at least seven clear days before the day of such public festival. (3) It shall not be lawful for an employer to call an employee at, or for any employee to go to, his shop or commercial establishment or any other place for any work in connection with the business of his shop or commercial establishment on a day on which such shop or commercial establishment remain closed.

(1) Notwithstanding anything contained in any other enactment for the time being inforce, no restaurants or eating-houses shall on any day be opened earlier than 5 a.m. and be kept open later than 1.30 a.m. for service: Provided that an employee in such restaurant or eating-house may be required to commence work not earlier than 4.30 a.m. and shall not be required to work later than 2 a.m. : Provided also that any customer who was being served or waiting to be served at the closing hour of such restaurant or eating- house may be served in such restaurant or eating-house during the half hour immediately following such hour. (2) Subject to the provisions of sub-section (1), the Government may fix later opening or earlier closing hours for different restaurants or eating-houses or for different areas or for different periods of the year. (3) Notwithstanding anything contained in this section or any other enactment for the time being in force, the Government may, by notification, fix for specific periods in a year on festive or special occasions such opening and closing hours for different restaurants or eating-houses or for different areas, as it thinks proper.

Before and after the hours fixed for the opening and closing of shops under section 9, no goods of the kind sold in such shops shall be sold in any restaurant or eating-house except for consumption on premises.

(1) No employee in any residential hotel, restaurant or eating-house shall be required or allowed to work for more than forty eight hours in a week and nine hours in a day. (2) Any employee may be required or allowed to work in a residential hotel, or restaurant or eating-house for any period in excess of the limit fixed under sub-section (1) if such additional period does not exceed six hours in any week. (3) Notwithstanding anything contained in sub-sections (1) and (2), an employee may be required or allowed to work in a residential hotel, restaurant or eating-house on the day which may be notified under sub-section (3) or section 14 in excess of the period fixed under sub-section (1) if such additional period does not exceed three hours on any day.

The spread-over of an employee in a residential hotel, restavirant or eating-house shall not exceed fourteen- hours: 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.

(1) Every employee in a residential hotel, restaurant or eating-house shall be given at least one day in a week as a holiday: Provided that nothing in this sub-section shall apply to an employee whose total period of employment in any week is less than six days. (2) It shall not be lawful for an employer to call an employee at, or for an employee to go to, his residential hotel, restaurant or eating-house or any other place for any work in connection with the business of his residential hotel, restaurant or eating-house on a day on which such employee has a holiday. (3) No deduction shall be made from the wages of any employee in a residential hotel, restaurant or eating-house on account of any holiday given to him under sub-section (1). If any employee is employed on a daily wage, he shall nonetheless be paid wages for the weekly holiday equal to the average of the daily wages earned by him during preceding six working days.

The employers shall furnish every employee in a residential hotel, restaurant or eating-house an identity card which shall be kept by the employee when on duty and shall be produced on demand by an Inspector. Such card shall contain the following and such other particulars as may be prescribed namely:— (a) the name of the employer; (b) the name, if any, and the postal address of the establishment; (c) the name and age of the employee; (d) the hours of work, the interval for rest, if any, and the holiday of the employee; (e) the signature (with date) of the employer; (f) the identity mark of an employee; and (g) signature or thumb impression of the employee.

Notwithstanding anything contained in any other enactment for the time being in force, in theatre or other place of public amusement or entertainment shall, on any day, be closed later than 1 a.m.

After the hour fixed for the closing of shops under section 9, no goods of the kind sold in shop shall be sold in any theatre or other place of public amusement or entertainment except for consumption on premises.

(1) No employee in a theatre or other place of public amusement or entertainment shall be required or allowed to work for more than forty eight hours in a week and nine hours in a day. (2) Any employee may be required or allowed to work in a theatre or other place of public amusement or entertainment for a period in excess of the limit fixed under sub-section (1) if such additional period does not exceed six hours in any week.

The spread-over of an employee in a theatre or other place of public amusement or entertainment shall not exceed twelve hours on any day: Provided that the Government may increase the spread-over period subject to such conditions as it may impose whether generally or in the case of a particular theatre or other place of public amusement or entertainment.

(1) Every employee in a theatre or other place of public amusement or entertainment shall be given at least one day in a week as a holiday: Provided that nothing in this sub-section shall apply to an employee, whole total period of employment in any week is less than six days. (2) It shall not be lawful for an employer to call an employee at, or for an employee to go to, his theatre or other place of public amusement or entertainment or any other place for any work in connection with the business of his theatre or place of public amusement or entertainment on a day on which such employee has a holiday. (3) No deduction shall be made from the wages of any employee in a theatre or other place of public amusement or entertainment on account of any holiday given to him under sub-section (1). If any employee is employed on a daily wage he shall nonetheless be paid wages for the weekly holiday equal to the average of the daily wages earned by him during the preceding six working days.

The employer shall furnish every employee in a theatre, or other places of public amusement or entertainment an identity card which shall be kept by the employee when on duty and shall be produced on demand by an Inspector. Such card shall contain the following and such other particulars as may be prescribed, namely:— (a) the name of the employer; (b) the name, if any, and the postal address of the establishment; (c) the name and age of the employee; (d) the hours of work, the interval for rest, if any, and the holiday of the employer; (e) the signature (with date) of the employer; (f) the identity mark of an employee; and (g) signature or thumb impression of the employee.

No child shall be required or allowed to work whether as an employee or otherwise in any establishment, notwithstanding that such child is a member of the family of the employer.

No young person or woman shall be required or allowed to work whether as an employee or otherwise in any establishment before 7 a.m. and after 9 p.m. notwithstanding that such young person or woman is a member of the family of the employer.

(1) Notwithstanding anything contained in this Act, no young person shall be required or allowed to work whether as an employee or otherwise, in any establishment for more than five hours in any day. (2) No young person, shall be required or allowed to work whether as an employee or otherwise in any establishment for more than three hours in any day unless he had an interval for rest of at least half an hour.

No young person or woman working in any establishment, whether as an employee or otherwise, shall be required or allowed to perform such work as may be declared by the State Government, by notification, to be work involving danger to life, health or morals.

(b) in every year to casual leave for a total period not exceeding 14 days : Provided that the leave under sub-clause (a) shall not at any time accumulate for a total period exceeding 3 months: Provided further that holidays under section 13, 18 or 23 falling during the period of such leave shall be included in the leave so granted: Provided further that casual leave shall not be combined with privilege leave. (2) If an employee entitled to leave under sub-section (1) is discharged by his employer before he has been allowed leave, or if, having applied for and been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under section 27 in respect of the leave. (3) If an employee entitled to leave under sub-section (1) is refused the leave, he may give intimation to the Inspector or any other officer authorised in this behalf by the Government regarding such refusal. The Inspector shall enter such information in a register kept in such form as may be prescribed. Explanation.– An employee shall be deemed to have completed a period of twelve months’ continuous service in an establishment notwithstanding any interruption in the service during those twelve months brought about by sickness, accident or authorised leave not exceeding ninety days in the aggregate for all three, or by a lockout or by a strike which is not an illegal strike, or by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate and authorised leave shall be deemed not to include any weekly holiday allowed under this Act which occurs at the beginning or end of an interruption brought about by the leave.

Every employee shall be paid for the period of his leave at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earning in respect of overtime.

An employee who had been allowed leave under section 26 shall, before his leave begins, be paid half the total amount due to him for the period of such leave.

Any Inspector may institute proceedings on behalf of any employee in an establishment to which this Act applies to recover any sum required to be paid under this Chapter by an employer which the employer has not paid.

(1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (No. IV of 1936), (hereinafter referred to in this section as the said Act), the State Government may, by notification, direct that subject to the provisions of sub-section (2) all or any of the provisions of the said Act shall apply to all or any establishment or to all or any class of employees to which or whom this Act for the time being applied. (2) On the application of the provisions of the said Act to any establishment or to any employee under sub-section (1), the Inspector, appointed under this Act, shall be deemed to be the Inspector for the purposes of the enforcement of the provisions of the said Act within the local limits of his jurisdiction.

The premises of every establishment shall be kept clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be prescribed. These methods may include lime-washing, colour-washing, painting, varnishing, disinfecting and deodorizing.

The premises of every establishment shall be ventilated in accordance with such standards and by such methods as may be prescribed.

In every establishment except such establishment or class of establishment, as may be prescribed, such precautions against fire shall be taken as may be prescribed.

(1) Save as otherwise provided in this Act, it shall be the duty of every local authority whom the Government may by order empower in this -behalf to enforce within the area subject to its jurisdiction, the provisions of this Act, subject to the control of the Government. (2) The local authority empowered under sub-section (1) may by order delegate any of the powers and functions (other than the powers of making byelaws under section 35), exercisable or performable by it under this Act to any of its officers. (3) An order empowering a local authority under sub-section (1) may at any time be cancelled by the Government. (4) To enable Government to exercise effective control over a local authority in the performance of the duties entrusted to it under this Act, Government may authorise any officer, not below the rank of a Labour Officer, to supervise the enforcement of this Act within the area subject to the jurisdiction of the local authority and for this purpose such officer shall have all the powers of an Inspector under this Chapter.

A local authority empowered under section 34 to enforce the provisions of this Act may, with the previous sanction of the Government, make bye-laws not inconsistent with the provisions of the Act, or the rules or orders made by the Government thereunder, for the purpose of carrying out the provisions of this Act.

It shall be the duty of every local authority empowered under section 34 to submit within three months after the close of the year to the Government a report on the working of the Act within the local area under its Jurisdiction during such year. It shall submit to the Government from time to time such annual or periodical returns as may be prescribed.

(1) The Government may, by order, direct that any power other than the power to make rules under section 59, or any duty which is conferred or imposed on the State Government by this Act, shall in such circumstances and under such conditions, if any, as may be specified in that direction be exercised or discharged by any officer or authority subordinate to it. (2) Nothing in this Act shall derogate from the right of the Government to exercise any or all the functions delegated to any local authority or officer subordinate to it.

(1) If any local authority makes default in the performance of any duty imposed by or under this Act, the Government may appoint some person to perform it and may direct that the expense of performing it with a reasonable remuneration to the person appointed to perform it shall be paid forthwith by the local authority. (2) If the expense and remuneration are not so paid, the Government may, notwithstanding anything contained in any law relating to the municipal fund or local fund or any other law for the time being in force, make an order directing the bank in which any moneys of the local authority are deposited or the person in charge of the local Government Treasury or of any other place of security in which the moneys of the local authority are deposited, to pay such expense and remuneration from such moneys as may be standing to the credit of the local authority in such bank or may be in the hands of such person or as may from time to time be received from or on behalf of the local authority by way of deposit by such bank or person; and such bank or person shall be bound to obey such order. Every payment made pursuant to such order shall be sufficient discharge to such bank or person from all liability to the local authority in respect of any sum or sums so paid by it or him out of the moneys of the local authority so deposited with such bank or person.

Notwithstanding anything contained in any enactment in regard to any municipal or local fund, all expenses incurred by a municipality or local authority under and for the purposes of this Act, shall be paid out of the municipal or local fund, as the case may be.

(1) Every local authority empowered under section 34 shall appoint a sufficient number of persons with the prescribed qualifications as Inspectors for the area subject to its jurisdiction, as it may meed fit, for the purpose of carrying out the provisions of this Act. (2) The Government may, by notification, appoint such persons having the prescribed qualifications, as it thinks fit, by name or virtue of office to be Inspector for the purposes of this Act within such local limits and for such classes of establishments, as it may assign to each such person.

(1) Subject to any rules made by the Government in this behalf, an Inspector may, within the local limits for which he is appointed— (a) enter, at all reasonable times and with such assistants, if any, being person in the service of the Government or of any local authority, as he thinks fit, any place which is or which he has reasons to believe is an establishment; (b) make such examination of the premises and of any prescribed registers, records and notices and take on the spot or otherwise evidence of any persons, as he may deem necessary, for carrying out the purposes of this Act; and (c) exercise such other powers, as may be prescribed or may be necessary for carrying out the purposes of this Act: Provided that no one shall be required under this section to answer any question or give any evidence tending to criminate himself. (2) For the purposes of investigation of offences under this Act, an Inspector shall have the same powers as an Officer-in-charge of a police station has under the Code of Criminal Procedure, 1898 (V of 1898) for investigation of the cognizable offences except that he shall not have the power of arrest.

Every Inspector appointed under section 40 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of 1860).

Every employer shall, on demand, produce for inspection by an Inspector all registers, records and notices required to be kept or displayed under this Act or rules made thereunder.

(a) If any employer fails to send to the Inspector of the area concerned a statement within the period specified in section 6 or to notify a change within the period specified in section 7 or to notify the closing of his establishment under section 8; or (b) if in any establishment there is any contravention of the provisions of section 9, 13, 14, 15, 19, 20, 31, 32 or 33 or any orders made thereunder; or (c) if in any establishment any person is required or allowed to work in contravention of section 11, 12, 16, 17, 18, 21, 22 or 23; or (d) if in any establishment a child, young person or woman is required or allowed to work in contravention of section 24, 25-A or 25-B; or (e) if any employer contravenes the provisions of section 43, 54, 57 or 58; or (f) if in any establishment there is any contravention of any section, rule or order for which no specific punishment is provided in this Act; the employer and the manager shall, on conviction, each be punished with fine which shall not be less than fifty rupees and which may extend to five hundred rupees :

If any person contravenes the provisions of section 10, he shall, on conviction, be punished with fine which may extend to one hundred rupees.

If an employee contravenes the provisions of sub-section (3) of section 13 or sub-section (2) of section 18 or sub-section (2) of section 25, or section 57 he shall, on conviction, be punished with fine which may extend to fifty rupees.

(1) If any employer or manager with intent to deceive, makes or causes or allows to be made, in any register, record or notice prescribed to be maintained under the provisions of this Act, or the rules made thereunder, an entry which, to his knowledge, is false in any material particular, or wilfully omits, or causes or allows to be omitted, from any such register, record or notice, an entry which is required to be made therein under the provisions of this Act or the rules made thereunder, or maintains or causes or allows to be maintained, more than one set of any register, record or notice except the office copy of such notice, or sends or causes or allow to be sent, to an Inspector, any statement, information or notice prescribed to be sent under the provisions of this Act, or the rules made thereunder which to his knowledge is false in any material particular, he shall, on conviction, be punished with imprisonment not exceeding one year or with fine which may extend to one thousand rupees or with both. (2) An offence under sub-section (1) shall be triable by a Court of Judicial Magistrate of competent jurisdiction.

If any employer who has been convicted of any offence under sub-section (1) of section 9 or section 11, 12 or 13 or sub-section (1) of section 14 or section 16, 17, 18, 19, 21, 22, 23, 24, 25, 25-A, 25-B, 43, 49, 54 or 58 is again guilty of an offence, involving contravention of the same provision, he shall be punished on a subsequent conviction with fine which shall not be less than fifty rupees and which may extend to one thousand five hundred rupees.

Whoever wilfully obstructs Inspector in the exercise of any power under section 41 or conceals or prevents any employee in a establishment from appearing before or being examined by an Inspector, shall, on conviction be punished with fine which shall not be less than fifty rupees and which may extend to one thousand rupees.

(1) Where the owner of an establishment is a firm or other association of individuals, all the partners or members thereof may be prosecuted and punished under this Act for any offence for which an employer in an establishment is punishable. (2) Where the owner of an establishment is a company, all the directors thereof, or in the case of a private company, all the share holders thereof, may be prosecuted and punished under this Act for any offence for which the employer in an establishment is punishable. (3) Notwithstanding anything contained in sub-sections (1) and (2) where an offence under this Act has been committed for the first time the employer or the manager shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(1) No prosecution under this Act or the rules or orders made thereunder shall be instituted except by an Inspector and except with the previous sanction of local authority or any officer authorised by the Government in that behalf. (2) xxx

(1) The Court taking cognizance of an offence under this Act shall, unless the offence is an offence under section 47, 48 or 49, state upon the summons to be served on the accused person that he– (a) may appear by a pleader and not in person; or (b) may, by such date prior to the hearing of the charge as may be specified therein, plead guilty to the charge by a registered letter and remit to the Court such sum as the Court may, subject to the minimum and maximum limits of fine prescribed for the said offence, specify. (2) Where an accused person pleads guilty and remits the sum in accordance with the provisions of sub-section (1), no further proceedings in respect of the offence shall be taken against him.

Save as provided in section 47, the State Government may confer on an Executive Magistrate, the power of a Judicial Magistrate of the First Class or the Second Class for the trial of offences under this Act, and on such conferment of powers, the Executive- Magistrate, on whom powers are so conferred shall be deemed for the purposes of the Code of Criminal Procedure, 1973 (No. 2 of 1974), to be a Judicial Magistrate of the First Class or the Second Class, as the case may be.

No court shall take cognizance of an offence under this Act or any rule or order made thereunder unless complaint thereof is made within three months of the date on which the alleged commissions of the offence came to the knowledge of an Inspector.

(1) Subject to the conditions as may be prescribed, the Labour Commissioner or any officer not below the rank of a Labour Officer if so authorised by the Labour Commissioner by notification, may, either before or after the institution of Proceedings under this Act, permit any person charged with an offence punishable under Sections 44, 55 or 46 to compound the offence on payment of such sum which shall not be less than rupees fifty and not more than the maximum amount of fine prescribed for the offence. (2) On payment in full of such sum as may be determined by the Labour Commissioner or the Officer authorised by the Labour Commissioner under Sub-section (1),– (a) no proceedings shall be commenced against any person as aforesaid; and (b) if any proceedings have already been commenced against any person as aforesaid, such proceedings shall not be further proceeded with.

Subject to the general or special orders of the Government an employer shall maintain or cause to be maintained such registers and records and display on the establishment such notice, as may be prescribed. All such registers and records shall be kept on the premises of the establishment to which they relate.

Where an employee in any establishment is required to work in excess of the limit of hours of work, he shall be entitled, in respect of the overtime work, to wages at the rate of twice his ordinary rate of wages. Explanation.– For the purposes of this section "limit of hours of work" shall mean– (a) in respect of establishment to which sections 11, 16 or 21 apply, the limits prescribed in the respective sections; and (b) in respect of other establishments, such number of hours of work as may be prescribed.

(1) When an act or omission would, if a person were under or over a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court apparently under or over such age, the burden shall be on the accused to prove that such person is not under or over such age. (2) A declaration in writing by a qualified Medical Practitioner relating to an employee that he has personally examined him and believes him to be under or over the age set forth in such declaration shall, for the purposes of this Act, be admissible as evidence of the age of the employee. Explanation.– For the purpose of this section, a qualified Medical Practitioner shall have the same meaning as in the Factories Act, 1948 (LXIII of 1948).

No employee shall work in any establishment, nor shall any employer engage an employee to work in any establishment on a day on which such employee is given a holiday or is on leave in accordance with the provisions of this Act.

(1) No employer shall dispense with the services of an employee who has been employed for a period of three months or more except for a reasonable cause, and without giving such employee at least one month’s notice or wages in lieu of such notice. Provided that such notice shall not be necessary if the services of such employees are dispensed with on a charge of misconduct supported by satisfactory evidence recorded at an enquiry held by the employer for the purpose. (2) (a) The employee discharged, dismissed or retrenched may appeal to such authority and within such time as may be prescribed either on the ground that there was no reasonable cause for dispensing with his services or on the ground that he had not been guilty of misconduct as held by the employer or on the ground that such punishment of discharge or dismissal was severe.

(1) The Government may make rules to carry out the purposes of the Act,– (2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the following matters, namely:— (a) (i) the form of submission of a statement to the Inspector, and the fees and other particulars which shall be given along with such statement under sub-section (2) of section 6. (ii) the manner of registration of establishment in the register of establishments and the form in which a registration certificate shall be issued to the employer under sub-section (3) of section 6; (iii) prescribing for renewal of registration certificate under sub-section (5) of section 6; (b) the form in which a change shall be notified to the Inspector under section 7; (c) fixing six days in a year for additional overtime and prescription of occasions under sub-section (3) of section 11; (d) the form of register for entering refusal of leave to be kept under section 26; (e) fixing times and methods for cleaning the establishments under section 31; fixing standards and methods for ventilation under section 32; and prescribing such establishments as are to be exempted from the provisions of, and precautions against fire to be taken under section 33; (f) annual or periodical returns which shall be submitted to Government under section 36; (g) the qualifications of Inspectors to be appointed under section 40 and the powers which such Inspectors shall exercise under section 41; (h) the registers and records to be maintained and the notice to be displayed on the premises of the establishment under section 54; (i) the limit of hours of work under clause (c) of the Explanation to section 55; (j) the authority to which and the time within which an appeal may be filed by a dismissed, discharged or retrenched employee; (k) any other matter which is to be or may be prescribed. (3) The rules made under this section shall be subject to the condition of previous publication and, when so made shall be deemed, to be part of this Act.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or rules made thereunder.

Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to at the date this Act comes into force in a local area, under any other law, contract, custom or usage applicable to such establishment or any award, settlement, or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.

Nothing in this Act shall be deemed to apply to a factory to which the provisions of the Factories Act, 1948 (No. 63 of 1948) apply: Provided that, where any shops or commercial establishments situated within the precinct of a factory is not connected with the manufacturing process of the factory, the provisions of this Act shall apply to it: Provided further that, the State Government may, by notification, apply all or any of the provisions of the Factories Act, 1948 (No. 63 of 1948) to any shop or commercial establishment situate within the precincts of a Factory and on the application of that Act to such shop or commercial establishment, the provisions of this Act shall cease to apply to it.

The provisions of the Workmen's Compensation Act, 1923 (VIII of 1923) and of rules made thereunder shall mutatis mutandis, apply to every employee of an establishment.

Every employer shall, in accordance with the rules made by the Government, provide a provident fund for the benefit of every employee and shall contribute to this fund an amount equal to the amount contributed by the employee not exceeding six and a quarter per cent of his wages: 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.

As from the date appointed under sub-section (3) of section (1), the enactments specified in Schedule II shall stand repealed: Provided that– (a) every appointment, order, rule, bye-law, regulation, notification, or notice made, issued or given under the provisions of any enactment shall in so far as is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until spuperseded by any appointment, order, rule, bye- law, regulation, notification or notice made, issued or given under this Act; (b) any proceeding relating to the trial of any offence punishable under the provisions of any enactment so repealed shall be continued and completed as if such enactment had not been repealed but had continued in operation and any penalty imposed in such proceedings shall be recovered under the enactment so repealed.

The premises of every establishment shall be ventilated in accordance with such standards and by such methods as may be prescribed.

As from the date appointed under sub-section (3) of section (1), the enactments specified in Schedule II shall stand repealed: Provided that– (a) every appointment, order, rule, bye-law, regulation, notification, or notice made, issued or given under the provisions of any enactment shall in so far as is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until spuperseded by any appointment, order, rule, bye- law, regulation, notification or notice made, issued or given under this Act; (b) any proceeding relating to the trial of any offence punishable under the provisions of any enactment so repealed shall be continued and completed as if such enactment had not been repealed but had continued in operation and any penalty imposed in such proceedings shall be recovered under the enactment so repealed.

[Notification No. 4514-2459-XVI-A dated 29-9-1983. published in M.P. Rajpatra. Part I, dated 9-12-83, p. 1782].-- In exercise of the powers conferred by sub-section (3-A) of section 13 of the Madhya Pradesh SHOPS AND Establishments Act. 1958 (No. 25 of 1958), the State Government hereby authorises all Assistant Commissioners of Labour and Labour Officers in the State within their respective jurisdiction for purposes of the said sub-section.

[Notification No. 8683 /23151XVI dated 18-12-1961, published in M.P. Rajpatra, Part I dated 19-1-62. p. 237].-- In exercise of the powers conferred by sub-section (1) of section 30 of the Madhya Pradesh Shops and Establishments Act. 1958 (No. 25 of 1958) and in supersession of all previous notifications on that subject, the State Government hereby directs that, subject to the provisions of sub-section (2) of the said section, the Payment of Wages Act, 1936 (IV of 1936), shall apply to all establishments or employees to which or to whom the Madhya Pradesh Shops and Establishments Act, 1958, for the time being applies.

[Notification No. 610/XVI dated 30-1-1959. published in M.P. Rajpatra, Part I. dated 26-6-59, p. 763].-- In exercise of the powers conferred by sub-section (1) of section 34 of the Madhya Pradesh Shops and Establishments Act. 1958 (No. 25 of 1958), the State Government are pleased to empower the Local authorities in Madhya Bharat region mentioned below to enforce the provisions of the said Act, within the areas of their respective jurisdictions, subject to the control of the Government until further orders:--- 1. Indore Municipal Corporation, Indore. 2. Gwalior Municipal Corporation, Lashkar, Gwalior & Morar. 3. City Municipality, Ujjain. 4. City Municipality, Ratlam. 5. Municipal Committee, Dewas. 6. Municipal Committee, Badnagar. 7. Municipal Committee, Neemuch. 8. Municipal Committee, Vidisha. 9. Municipal Committee, Guna. 10. Municipal Committee, Morena. 11. Municipal Committee, Mandsaur. 12. Municipal Committee, Khargone. 13. Municipal Committee, Ashoknagar. 14. Municipal Committee, Shivpuri.

[Notification No. 1343/4331/XVI dated 27-2-1959, published in M.P. Rajpatra, Part I. dated 29-5-60, p. 621].-- In exercise of the powers conferred by sub-section (4) of section 34 of the Madhya Pradesh Shops and Establishments Act, 1958 (No, 25 of 1958), the State Government in supersession of all the previous orders on the subject, are pleased to authorise the following officers to supervise the enforcement of the said Act by the local authorities in the areas as shown below until further orders:---

Officers authorised for supervision | Area of jurisdiction for supervision. 1. Assistant Labour Commissioner, Government of Madhya Pradesh, Indore Division. | Areas subject to the jurisdiction of Indore Municipal Corporation, City Municipality Indore Division. Ujjain, City Municipality Ratlam, Municipal Committees of Neemuch, Mandsaur and Badnagar. 2. Assistant Labour Commissioner, Government of Madhya Pradesh, Gwalior Division. | Area subject to the jurisdiction of Gwalior Municipal Corporation. 3. Labour Officer, Government of Madhya Pradesh, Indore. | Areas subject to the jurisdiction of the Municipal Committees of Khargone and Dewas. 4. Labour Officer, Government of Madhya Pradesh, Bhopal. | Area subject to the jurisdiction of the Municipal Committee Vidisha. 5. Labour Officer, Government of Madhya Pradesh, Gwalior. | Areas subject to the jurisdiction of the Municipal Committees of Moreria, Guna, Shivpuri and Ashoknagar.

[Notification No. 28-75-95-XVI-Adated 31-8-1995, published in M.P. Rajpatra, Part 7, dated 15-9-95, p. 1513].-- In exercise of the powers conferred by sub-section (5) of section 6 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), the State Government are pleased to appoint the following officers of the local authorities in Madhya Pradesh to be Inspectors for the purpose of Section 6(2) and 6(5) read with relevant rules framed under the said Act, within the areas of their respective jurisdiction, subject to the control of the Government until further orders:--- (1) All the Commissioners of Municipal Corporation in Madhya Pradesh. (2) All the Chief Municipal Officers of Municipalities in the Madhya Pradesh.

[Notification No. F. 28-75-95-XVI-A. dated the 31st, August 1995–In exercise of the powers conferred by sub-section (2) section 40 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of ?958), the State Government are pleased to appoint the following officers of the local authorities in Madhya Pradesh to be Inspectors for the purpose of Section 6(2) and 6(5) read with relevant rules framed under the said Act, within the areas of their respective jurisdiction, subject to the control of the Government until further orders :– (1) All the Commissioners, of Municipal Corporation in Madhya Pradesh. (2) All the Chief Municipal Officers of Municipalities in the Madhya Pradesh. [Published in M.P. Rajpatra Part I dated 15-9-95 Page 1513].

[Notification No. 3374-1711-XVI-A-85 dated 27-8-1985, published in M.P. Rajpatra, Part I, dated 6-9-85, p. 1414- 15].- In exercise of the powers conferred by sub-section (5) of section 6 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), and in supersession of all notifications issued in the past on the subject, the State Government hereby authorise the officers mentioned in column (2) of the table below to sanction prosecutions within their respective jurisdiction mentioned in column (3) thereof. TABLE S. No. (1) | Officer (2) | Jurisdiction (3) 1. Labour Commissioner, M.P. Indore | Whole of the State of Madhya Pradesh. 2. Additional Labour Commissioner, M.P. Indore | Whole of the State of Madhya Pradesh. 3. Dy. Labour Commissioner, posted in the Headquarters of the Labour Commissioner's Organisation, Indore | Whole of the State of Madhya Pradesh. 4. Dy. Labour Commissioner, Chhatisgarh region, Raipur | Raipur and Bilaspur Labour Divisions. 5. Divisional Assistant Labour Commissioner. | Respective Labour Division. 6. Labour Officer and Assistant Labour Officers posted in the Office of Divisional Assistant Labour Commissioner. | Respective Labour Divisions.

[See section 1(4)] 1. Limits of the Jabalpur Corporation. 2. The Municipal limits of Raipur, Rajnandgaon, Khandwa, Burhanpur, Sagar, Raigarh, Bilaspur, Chhindwara, Seoni, Damoh, Katni-Murwara, Itarsi and Durg. 3. Limits of the Sagar Cantonment. 4. Bilaspur Railway Market area. 5. The Municipal (Corporation) limits of Indore and three miles around such limit. 6. The Municipal (Corporation) limits of Lashkar, Gwalior and Morar including the industrial area. 7. The Municipal limits of Ujjain, Madhongar, Ashok Nagar, Mandsaur, Vidisha, Dewas, Morena, Neemuch, Guna, Bad-nagar and Khargone. 8. The Municipal Limits of Ratlam and two miles around such limits.

[See section 65] No. and Year of enactment | Name of enactment No. 22 of 1947 | The Central Provinces and Berar Shops and Establishments Act, 1947 No. 7 of 1952 | The Madhya Bharat Shops and Establishments Act, Samvat 2009.

S. 1(3) : [Notification No. 293/XVI dated 27th December, 1958].-In exercise of the powers conferred by sub-section (3) of section 1 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) the State Government are pleased to appoint 1st January, 1959 as the date on which the said Act shall come into force. Section 1(4) : In exercise of the powers conferred by sub-section (4) of section 1 of the Act the State Government are pleased to direct all the provisions of the Act shall apply to the towns mentioned below with effect from the date mentioned as under:— [1] Bhopal, Bhind, Balaghat, Betul, Dhar, Datia, Harda, Hoshangabad, Jaora, Mandla, Mhow, Narsinghpur, Rewa, Sehore, Shiv-puri, Satna, from 29.12.1958, vide Notfn: Published in M. P. Rajpátra, (Asadharan), dated 29.12.1958, p. 1947. [2] Piparia, district Hoshangabad, from 24.7.1959 vide notfn Published in M. P. Rajpatra, part I, dated 24.7.1959. [3] Gadarwara district Narsingpur from 1.1.1960, vide notfn Published in M. P. Rajpatra, part I, dated 1.1.1960. [4] Jabalpur Cantonment from 15.12.1960, vide Published in M.P. Rajpatra, parti, dated 18.11.1960, p. 1728. [5] Tikamgarh from 12.1.1962, vide Notfn. Published in M.P.Rajpatra, part I, dated 12.1.1962, p.38. [6] Bhatapara town district Raipur, from 1.1.1963, vide notfn. Published in M.P.Rajpatra, part I, dated 7.12.1962, p. 2265. [7] Shajapur, from 21.12.1962, vide Notfn. Published in M.P.Rajpatra, part I, dated 21.12.1962, p.2359. [8] Shahdol from 7.12.1962, vide Notfn. Published in M.P.Rajpatra, parti, dated 7.12.1962, p.2265. [9] Sheopur town, district Morena from 1.1.1963, vide Notfn. Published in M.P.Rajpatra, part I, dated 28.12.1962. [10] Local area of Bhilai Nagar occupied by— (a) Sectors 1 to 10 of the Bhilai Steel Works township. (b) the Civic Centre of Bhilai Steel Work township. (c) administrative offices of the Bhilai Steel Works outside the perimeter wall and not covered by area, (a) and (b) above, from 15.3.1963, vide Notfn. Published in M.P.Rajpatra, part I, dated 15.3.1963, p. 762. [11] Bina Etawa Town district Sagar, from 14.8.1964, vide Notfn. Published in M.P.Rajpatra, part I, dated 14.8.1964, p. 1943. [ 12] Bhilai as under:— (1) Khursipar area of Bhilai Nagar. (2) Area within the limits of Labour Camp No. 1 and 2 of Bhilai Nagar. (3) Supela Market area of Bhilai Nagar. (4) Old Bhilai area. vide Notfn. Published in M.P.Rajpatra, part I, dated 18.6.1965, p. 828. [13] Bairagarh, Govindpura, Piplani and Barkheda, district Sehore from 15.12.1965, vide Notfn. Published in M.P.Rajpatra, part I, dated 10.12.1965, p. 1776. [14] Burwaha district Khargone, from 1.11.1970, vide Notfn. Published in M.P.Rajpatra, part I, dated 6.11.1970, p. 1900. [15] (1) Murwara Town Group– A. Kanti-Murwara, B. Tikuri Factory Township, and C. Ordinance Factory Township, Katni and three kilometers around such limits; (2) Municipal limits of Pandhurna, Barwani, Sironj, Panna, Khurai, Sidhi, Rajgarh, Jhabua, Raisen, Basoda, Mungeli, Sendhwa, Multai, Sehora, Shujalpirr, Kuksi, Ambah, Umaria, Manendragarh, Maihar, Allirajpur, Champa and three kilometers around such limits, from 15th August, 1972. vide Notfn. Published in M.P.Rajpatra, part I, dated 4.8.1972, p. 941. [16] (1) Areas comprising within five kilometers around the limits of the Municipal Corporation Bhopal, Raipur and Ujjain, (2) Areas comprising within three kilometers around the Municipal limits of Ambikapur, Ashoknagar, Barwah, Betul, Bhatapara, Bilaspur, Bina Etawa, Burhanpur, Dabra, Damoh, Dhamtari, Durg, Harda, Hoshangabad, Itarsi, Jagdalpur, Khandwa, Khargone, Mandsaur, Morena, Neemuch, Piparia, Raigarh, Rajnandgaon, Sagar, Sanawad, Sehore, Shajapur, Sheopur-Kalan & Vidisha,

orders on the subject, the State Government are pleased to direct that the provisions of the sections of the said Act mentioned in column No. (2) of the Table annexed hereto shall not apply to classes of establishments and class of persons mentioned in column No. (1), subject to the terms an conditions specified in column (3) of the said Table until further orders:—

Table

Class of establishments and class of persons | Provisions of the sections of the Act which shall not apply | Terms and conditions 1 | 2 | 3

1. Persons carrying on at their residence without the aid of an employee or employees trade of a tailor, a barber, a washerman, a goldsmith, a carpenter, a cobbler a basod, a handloom weaver, a potter and a blacksmith. | All the provisions of the Act. | 2. Shops exclusively dealing in funeral requisite | All the provisions. | 3. Cycle Rickshaw garages run by proprietors themselves without the aid of employees. | Section 9 | 4. Co-operative Societies registered under the Cooperative Societies Act and carrying on commercial activities. | Section 12 | 5. Shops dealing in milk and perishable milk products i.e. (curd, butter and cream) | Section 9 and section 13(1) | (1) No establishment shall remain open after 12 mid-night and before 5 A.M. (2) Every employee shall be allowed a paid weekly holiday. 6. Pan-bidi-shops. | Section 9 & Section 13(1) | (1) No establishment shall remain open after 12 mid-night and before 5 A.M. (2) Every employee shall be allowed a paid weekly holiday. 7. Bakeries | Section 9 and section 13(1) | (1) No establishment shall remain open after 12 mid-night and before 5 A.M. (2) Every employee shall be allowed a paid weekly holiday. 8. Depots and transshipment sections of oil companies. | Section 9 and Section 13(1) | Every employee shall be allowed a paid weekly holiday. 9. Godowns, store-houses, depots where no sale or service to customers is effected on the premises. | Section 9 and Section 13(1) | Every employee shall be allowed a paid weekly holiday. 10. Hair cutting saloons. | Section 9 and Section 12 | No establishment shall remain open after 12 midnight and before 5 A.M. 11. Piece-rated working in tailoring, hair-cutting, cob-biers, printer’s and cap-making shops. | Section 9 and Section 12 | Every employee required to work in excess of the limit of hours of work prescribed in section 11 shall be paid overtime wages as per section 55 of the Act. 12. Sections of news-paper, news-agency offices pertaining to news collections editing and publishing. | Section 9. section 12 and section 13(1) | Every employee shall be allowed a paid weekly holiday. 13. Establishments solely supplying loud speakers or patromax or lanterns on hire. | Section 9. section 12 and section 13(1) | Every employee shall be allowed a paid weekly holiday. 14. Commercial establishments imparting education or training | Section 9. section 12 and section 13(1) | (1) No establishment shall re-main open after 12 mid night and before 5 A.M. (2) Every employee shall be allowed a paid weekly holiday. 15. Establishments dealing in vegetables, fruits, flower-sand animal products (fish and eggs) | Section 9. section 12 and section 13(1) | (1) No establishment shall re-main open after 12 mid night and before 5 A.M. (2) Every employee shall be allowed a paid weekly holiday. 16. Establishments solely letting cycles on hire | Section 9 and section 13 | Every employee shall be allowed a paid weekly holiday. 17. Petrol Pumps and petrol service station | Section 9 | 18. Medical shops (Chemists and Druggists). | Section 9 | No article other than medicine shall be sold before and after the opening and closing hours fixed for shops by Government by the general order under section 9 of the Act. 19. Establishment of legal practitioners. | All the provisions of the Act. |

1. In column (2) of the above table the words "section 9" has been added against each of the above items. 2. The closing hours has been raised from "12 midnight" to 1 A.M. 3. Item 17 inserted vide Notification No. 294871636/XV1, dated 3rd May 1960 published in M.P. Rajpatra Part 1. dated 3-6-60, p. 920. 4. Item 18 inserted vide Notification No. 3446/2585/XVI, dated 23rd May 1960 published in M.P. Rajpatra Part I, dated 1-7-60, p. 1054. 5. Item 19 inserted vide Notification No. 362/XVI, dated 26th May 1960 published in M.P. Rajpatra Part I, dated 1-7-60, p. 1055.

[Notification No. 192170361XVI dated 9th January, 1960, published in M.P. Rajpatra, Part I, dated 12-2-60, p. 209].- In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), the State Government are pleased to direct that the provisions of the sections of the said Act shown in column No. (2) of the Table annexed hereunder shall not apply during the period from November to May (both months inclusive) every year to class of persons shown in column No. (1), subject to the terms and conditions specified in column (3) of the said Table :—

Table Class of establishments and class of persons | Provisions of the sections of the Act which shall not apply | Terms and conditions 1 | 2 | 3 1. Clerical and Supervisory staff working in Sugar Factories situated in the State of Madhya Pradesh | Section 9, Section 11, Section 12 and Section 13 | (1) Every employee shall be allowed a weekly holiday. (2) Every employee shall be given over-time wages in accordance with provisions of section 55 of the said Act.

[Notification No. 945/7371 /XV7 dated 3rd February, 1960, published in M.P. Rajpatra, Part I, dated 25-3-60, p. 357].– In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), the State Government are pleased to direct that the provisions of the sections of the said Act shown in column No. (2) of the Table annexed hereunder shall apply to class of establishments mentioned in column No. (1) of the said table subject to the terms and conditions mentioned in column (3) of the said Table :-

Table Class of establishments and class of persons | Provisions of the sections of the Act which shall not apply | Terms and conditions 1 | 2 | 3 Establishment solely running Cycle stands | Section 9 and section 13 | Every employee shall be allowed a weekly holiday.

[Notification No. 3466/2585/XVI dated 23rd May, 1960, published in M.P. Rajpatra, Part I, dated 1-7-60. p. 1054]– In exercise of the powers conferred by

sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), the State Government are pleased to direct that provisions of the section 9 of the said Act shall not apply to the following class of persons and classes of establishments subject to the conditions specified against them:--

Piece-rated employees working in tailoring, hair cutting cobblers, printer's and cap-making shops, Petrol Pumps and petrol service stations

Medical Shops (Chemists and Druggists) No article other than medical will be sold before and after the opening and closing hours fixed for shops by Government by general orders under section 9 of the said Act.

[Notification No. 5385/2505/XVI dated 1st July, 1960, published in M.P. Rajpatra, Part I, dated 2-9-60, p. 1404].-In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), the State Government are pleased to direct that the provisions of the sections of the said Act mentioned in column No. 2 of the Table annexed hereto shall not apply to classes of establishments mentioned in column No. 1, of the said Table :—

Table Class of establishments and class of persons | Provisions of the sections of the Act which shall not apply | Terms and conditions 1 | 2 | 3 1. Powerloom weaving establishments in which no employee is employed. | All provisions of the said Act except Chapter II thereof. | 2. Handloom and powerloom weaving establishments in which one or more employee or employees is/are employed. | Section 9 |

[Notification No. 4114/3605/XVI dated 30th July, 1971, published in M.P. Rajpatra, Part I, dated 3-9-71, p. 1121].-In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), the State Government are pleased to direct that the provisions of the section 9 and 13 of the said Act shall not apply to class of persons mentioned in column No. (1) of the table blow subject to the conditions in column (2) of the said Table :—

Table Class of persons | Conditions 1 | 2 1. Certified Goldsmith | Every hired labour engaged in accordance with sub-section (8) of Section 39 of the Gold (Control) Act, 1968 (Central Act No. 45 of 1968) shall be allowed paid weekly holidays. Explanation.-"certified Goldsmith" means a self-employed Goldsmith who holds a valid certificate issued under section 39 of the Gold (Control) Act, 1968.

[Notification No. 7205-XVI dated 17-11-1971, published in M.P. Rajpatra, Part I, dated 3-12-71, p. 1405].-In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), the State Government, hereby, direct that the provisions of the said Act shown in column No. (2) of the Schedule given below shall not apply to classes of establishments mentioned in column No. (1) of the said Schedule subject to the terms and conditions specified in column (3) thereof:- Schedule Class of establishments and class of persons | Provisions of the sections of the Act which shall not apply | Terms and conditions 1 | 2 | 3 Establishments solely supplying on hire Tents, Shamianas, Furnitures and other articles such as beddings, utensils and crockery required for ceremonial purposes. | Section 9, section 12 and section 13. | Every employee shall be allowed a paid weekly holiday.

[Notification No. 2065-153-XVI dated 5-4-1972. published in M.P. Rajpatra, Part I, dated 3-12-71, p. 711].--In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), the State Government, hereby, direct that the provisions of the said Act shown in column No. (2) of the Schedule given below shall not apply to classes of establishments mentioned in column No. (1) of the said Schedule subject to the terms and conditions specified in column (3) thereof:--- Schedule Class of establishments and class of persons | Provisions of the sections of the Act which shall not apply | Terms and conditions 1 | 2 | 3 Establishments solely distributing liquified petroleum Gas at Raipur, Bhilai, Jabalpur, Bhopal, Indore, Ujjain and Gwalior. | Section 13. | Every employee shall be allowed a paid weekly holiday.

[Notification No. 8381-6771-XVI dated 30-12-1972, published in M.P. Rajpatra, Part I. dated 9-2-73, p. 246].-- In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), the State Government hereby directs that the provisions of the said Act shall not apply to the persons working in the coffee depots run by the Coffee Board, constituted under the Coffee Act, 1942 (No. 7 of 1942), situated in the State.

[Notification No. 2052-10534-XVI dated 5-4-1972, published in M.P. Rajpatra, Part I, dated 9-6-72. p. 710].-- In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), (hereinafter referred to as the said Act), and in supersession of this Department Notification No. 3684-547-XVI dated 23-6-1970, published in Madhya Pradesh Rajpatra, dated the 3rd July, 1970, the State Government, hereby directs that:- (a) the provisions of the said Act, shall not apply to "Motor Transport Workers" as defined in clause (b) of section 2 of the Motor Transport Workers Act, 1961 (27 of 1961), and on whom the Motor Transport Workers Act, 1961 (No. 27 of 1961), is applicable; and (b) the provisions of section 6 of the said Act shall not apply to "Motor Transport Undertakings" as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961 (27 of 1961) and on whom the Motor Transport Workers Act, 1961 (27 of 1961) is applicable.

[Notification No. 2715-7795-XVI dated 3-5-1978, published in M.P. Rajpatra, Part I, dated 9-3-79, p. 303].-- In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), the State Government, hereby, direct that the provisions of section 9 and 13 of the said Act shall not apply to the establishments which keep weighing instruments for public use subject to the conditions that-- (a) exemption from the provisions of section 9 shall operate only in relation to the employees of such establishments as are entrusted with the duty in connection with such weighing instruments: and (b) all employees employed in the establishment shall be allowed one day holiday in a week.

[Notification No. 3782-1528-XVI dated 19-8-1985, published in M.P. Rajpatra, Part I, dated 1-11-85, p. 1776].-- In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) and in supersession of this department notification No. 4783-833-XXI, dated the 6th July, 1963, the State Government, hereby, directs that the provisions of the said Act shown in column No. (2) of the Schedule below shall not apply to classes of establishments mentioned in column No. (1) of the said Schedule subject to the terms and conditions specified in column (3) thereof:— Schedule Class of establishments and class of persons | Provisions of the sections of the Act which shall not apply | Terms and conditions 1 | 2 | 3 Petrol /Diesel pumps and service stations | Section 13(1). | Every employee shall be allowed a paid weekly holiday.

[Notification No. 244-2924-XVI-Y-88 dated 19-1-1988, published in M.P. Rajpatra. Part I, dated 29-1-88. p. 254].-- In exercise of the powers conferred by sub-section (2) of section 3 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), the State Government, hereby, direct that the provisions of the said Act shown in column No. (2) of the Schedule given below shall not apply to classes of establishments mentioned in column No. (1) of the said Schedule subject to the terms and conditions specified in column (3) thereof:-- Schedule Class of establishments and class of persons | Provisions of the sections of the Act which shall not apply | Terms and conditions 1 | 2 | 3 Ice manufacturers and Ice Sales Shop | Section 13. | Every employee shall be allowed a paid weekly holiday.

[Notification No. 3-14-IX-1970-11677 dated 1-8-1970, published in M.P. Rajpatra, Part I, dated 2-10-70, p. 1798].— In exercise of the powers conferred by sub-section (1) of section 53 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), I, B.M. Date, Labour Commissioner, Madhya Pradesh, Indore, hereby authorise the Assistant Labour Commissioner, Bilaspur, and Satna within their respective Labour Divisions to exercise powers under the said section and compound offences for breaches under section 6 of the said Act.

[Notification No. 4 (e) 10-92-XVI-A(9) dated 2-11-1992. published in M.P. Rajpatra, Part I. dated 20-11-92. p. 3040].— For purpose of subsection (2) of section 58 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958), read with Rule 14-A of Madhya Pradesh Shops and Establishment Rules, 1959, the State Government hereby till further orders, authorises the officers mentioned in column 2 of the Schedule mentioned below to act as appellate authority for the areas shown in column (3) of the said Schedule.

S. No. (1) | Officer (2) | Jurisdiction (3) 1. Assistant Labour Commissioner, Sagar. Divisions. | Sagar and Bhopal Labour 2. Assistant Labour Commissioner, Indore. Divisions. | Indore and Gwalior Labour 3. Assistant Labour Commissioner, Raipur. Divisions. | Raipur and Bilaspur Labour

[Notification No. 2814/6148/XVI dated 27-4-1960. published in M.P. Rajpatra, Part I, dated 3-6-60, p. 918].— In exercise of the powers conferred by sub-rule (7) of rule 20 of the Madhya Pradesh Shops and Establishments Rules, 1959, the State Government are pleased to direct that every employer shall exhibit in his establishment a notice containing the extracts of Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) and the said Rules mentioned below in English or in the language of the majority of the persons employed by him.

Madhya Pradesh Shops and Establishments Act, 1958 Extracts of:— (1) Sub-sections (2), (3) and (5) of section 6. (2) Section 7. (3) Section 8. (4) Sub-section (1) of section 9. (5) Sub-section (1) and (2) of section 11. (6) Section 12. (7) Sub-section (1) of section 13. (8) Sub-section (1) of section 14. (9) Sub-section (1) of section 16. (9A) Sub-section (1) of section 18. (9B) Section 18A. (10) Section 17. (11) Section 19. (12) Section 22. (12A) Sub-section (1) of section 23. (12B) Section 23A. (13) Section 24. (14) Section 25. (14A) Section 25A. (14B) Section 25B. (15) Section 26. (16) Section 27. (17) Section 31. (18) Section 32. (19) Section 33. (20) Section 43. (21) Section 44. (22) Section 46. (23) Section 47. (24) Section 48. (25) Section 49. (26) Section 55. (27) Section 58.

Madhya Pradesh Shops and Establishments Rules 1959. Extracts of:— (1) Sub-rule (1) of rule 3. (2) Sub-rule (1) of rule 5. (3) Rule 7. (4) Rule 8. (5) Rule 9. (6) Sub-rule (2) of rule 13. (7) Rule 14. (8) Sub-ruled) of rule 15. (9) Sub-rules (1), (2), (3), (5), (6), (8) and (13) of rule 20. (10) Sub-rule (2) of rule 21.

[Notification No. F. 4(B)-1-1993-XVI-A. dated 26-5-1993. published in M.P. Rajpatra, Part I, dated 25-6-1993].— In exercise of the powers conferred by rule (14) of rule (20) of the Madhya Pradesh Shops and Establishment Rules, 1959 the State Government hereby directs that registers of leave attendance, overtime and wages maintained by Madras Auto Service, Raipur in this State as prescribed by the said company be, to the corresponding extent allowed to be maintained in place of such registers as are required to be maintained as per form T ‘J’ and ‘N’ prescribed under the said rule 20.

NOTIFICATIONS UNDER CODE OF CRIMINAL PROCEDURE 1898 (V OF 1898) S. 14. [Notification No. 6608/CR-244/XVH/B, dated 18th February. 1964].— In exercise of the powers conferred by section 14 of the Code of Criminal Procedure, 1898 (V of 1898), the State Government is pleased to confer on the presiding officers of Labour Courts named in column 1 of the table below the powers of a Magistrate of the first class for the trial of the cases arising out of the following Acts within the local areas specified in column 2 of the said Table: 1. The Provident Funds Act, 1925 (No. IX of 1925), 2. The Indian Trade Union Act, 1926 (No. IX of 1926), 3. The Payment of Wages Act, 1936 (No. IV of 1936), 4. The Industrial Disputes Act, 1947 (No. XIV of 1947), 5. The Indian Factories Act, 1948 (No. LXIII of 1948), 6. The Motor Transport Workers Act, 1961 (No. XXVII of 1961), 7. The Madhya Pradesh Shops and Establishments Act, 1958 (No. XXV of 1958).

Table Labour Court | Local Area 1. Gwalior | The revenue districts of the Gwalior, Bhind, Morena, Shivpuri, Guna and Datia. 2. Indore | The revenue districts of Dhar, Jhabua, West Nimar, Indore, Dewas and East Nimar. 3. Ujjain | The revenue districts of Ujjain, Ratlam and Mandsaur. 4. Bhopal | The revenue districts of Sehore, Raisen. Vidisha, Hoshangabad, Betul, Rajgarh and Shajapur. 5. Jabalpur | The revenue districts of Jabalpur, Balaghat, Chhindwara, Sagar, Narsimhapur, Seoni, Damoh, Mandla, Rewa, Sidhi, Satna, Panna, Chhatarpur, Tikamgarh and Shahdol. 6. Raipur | The revenue districts' of Raipur, Durg, Bastar, Bilaspur, Raigarh and Surguja.

[Notification No. 6-25-73-XXV-B, dated 5-4-1973, published in M.P. Rajpatra. Part I, dated 22-6-73, dated 22-6-73. 743- 744].— In exercise of the powers conferred by section 14 of the Code of Criminal Procedure, 1898 (V of 1898), read with section 39 of the said Code and in suppression of this department notification No. 5671-7831-XXI-B, dated the 2nd March, 1972 and notification No. 612-73-XXI-B, dated the 22nd February, 1973 the State Government are pleased to confer on the presiding officers of Labour Courts named in column 1 of the table below the powers of a Magistrate of the first class for the trial of the cases arising out of the following Acts within the local areas specified in column 2 of the said Table: 1. The Employees Provident Funds Act, 1952 (No. 19 of 1952), 2. The Indian Trade Union Act, 1926 (No. 16 of 1926), 3. The Payment of Wages Act, 1936 (No. IV of 1936), 4. The Industrial Disputes Act, 1947 (No. XIV of 1947), 5. The Indian Factories Act, 1948 (No. LXIII of 1948), 6. The Motor Transport Workers Act, 1961 (No. XXVII of 1961), 7. The Madhya Pradesh Shops and Establishments Act, 1958 (No. XXV of 1958). 8. The Minimum Wages Act, 1948 (No. 11 of 1948), 9. The Payment of Bonus Act, 1965 (No. 21 of 1965), 10. The Maternity Benefit Act, 1961 (No. 53 of 1961), 11. The Working Journalists Conditions of Service Miscellaneous Provisions Act, 1955 (No. 45 of 1955).

Table Labour Court | Local Area 1. Gwalior Labour Court No. 1. | The revenue district of the Gwalior.

Labour Court Local Area 2. Gwalior Labour Court No. 2. The revenue districts of Bhind, Morena, Shivpuri, Guna and Datia 3. Indore The revenue districts of Dhar, Jh ua, West Nimar, Indore, and East Nimar. 4. Ujjain The revenue districts of Ujjain, Ratlam and Mandsaur and Dewas. 5. Bhopal The revenue districts of Bhopal, Sehore, Raisen, Vidisha, Hoshangabad, Betul, Rajgarh and Shajapur. 6. Raipur The revenue districts of Raipur and Bastar. 7. Bilaspur The revenue districts of Bilaspur, Raigarh and Surguja. 8. Jabalpur Labour Court No. 1. The revenue district of Jabalpur. 9. Jabalpur Labour Court No. 2. The revenue districts of Balaghat, Chhindwara, Sagar, Narsimhapur, Seoni, Damoh and Mandla. 10. Burhar The revenue districts of Rewa, Sidhi, Shahdol, Satna, Panna, Chhatarpur and Tikamgarh. 11. Durg The revenue districts of Durg and Rajnandgaon.