Chapter I PRELIMINARY

1. (1) This Act may be called the Maharashtra Shops and Establishments (Regulation of Employment and Condition of Service) Act, 2017.
2. (2) It extends to the whole of the State of Maharashtra. 1[(3)(a) The provisions of this Act, expect section 7, shall apply to the establishments employing ten or more workers.
   • (b) The provisions of sections 7 and 36A shall apply to the establishments employing less than ten workers.]
3. (4) It shall come into force on such date2 as the State Government may by notification in the Official Gazette appoint.

In this Act, unless the context otherwise requires,-

1. (1) "Chief Facilitator" means the Chief Facilitator appointed as such under section 28 of this Act;
2. (2) "day" means the period of twenty-four hours beginning at midnight;
3. (3) "employer" means a person owning or having ultimate control over the affairs of an establishment, and includes,-
   • (i) in the case of a firm or association of individuals, a partner or members of the firm or association;
   • (ii) in the case of a company, a director of the company ;
   • (iii) in the case of an establishment owned or controlled by the Central Government or a State Government or any local authority, the person or persons appointed to manage the affairs of such establishment by the Central Government or the State Government or the local authority, as the case may be;
4. (4) "establishment" means an establishment which carries on, any business, trade, manufacture or any journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or produce exchange or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession or manufacture; and includes establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others), architect, engineer, accountant, tax consultant or any other technical or professional consultant; and also includes a society registered under the Societies Registration Act, 1860 (21 of 1860), and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto; and includes shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; to whom the provisions of the Factories Act, 1948 (63 of 1948), does not apply; and includes such other establishment as the State Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;
5. (5) "Facilitator" means a Facilitator appointed under section 28 of this Act;
6. (6) "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;
7. (7) "holiday" means a day on which a worker shall be given a weekly off under the provisions of this Act;
8. (8) "leave" means a leave provided for in Chapter IV of this Act;
9. (9) "local area" means any area or combination of areas to which this Act applies;
10. (10) "local authority" means the Municipal Corporation of Brihan Mumbai constituted or deemed to have been constituted under the Mumbai Municipal Corporation Act (III of 1888), Corporations constituted or deemed to have been constituted under the Maharashtra Municipal Corporations Act (LIX of 1949) and the Municipal Councils constituted or deemed to have been constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965), and includes any other body which the State Government may, by notification in the Official Gazette, declares to be a local authority for the purposes of this Act;
11. (11) "Manager" means a person mentioned in the application under section 6 of this Act;
12. (12) "member of the family of an employer" means the wife, husband, son, daughter, father, mother, brother or sister of an employer who lives with and is dependent on such employer;
13. (13) "opened" means opened for the service of any customer, or for any business of the establishment, or for work, by or with the help of any worker of or connected with the establishment;
14. (14) "period of work" means the time during which a worker is at the disposal of the employer;
15. (15) "prescribed" means prescribed by rules made under this Act;
16. (16) "prescribed authority" means the Commissioner of Labour for the purposes of this Act;
17. (17) "register of establishment" means a register maintained for the registration of establishments under this Act, either manually or in electronic format;
18. (18) "registration certificate" means a certificate of the registration of an establishment;
19. (19) "residential hotel" means any premises used for the reception of guests and travellers desirous of dwelling or sleeping therein and includes residential club;
20. (20) "restaurant or eating house" means any premises, in which, wholly or principally the business of the supply of meal or refreshments to the public or a class of the public for consumption on the premises is carried on;
21. (21) "shop" means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store-room, godown, warehouse or work place, whether in the same premises or otherwise, mainly used in connection with such trade or business, but does not include a factory;
22. (22) "spread over" means the period between the commencement and the termination of the work of a worker on any day;
23. (23) "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 dramatic performances or for any other public amusement or entertainment;
24. (24) "wages" means wages as defined in the Payment of Wages Act, 1936 (4 of 1936);
25. (25) "week" means the period of seven days beginning at midnight of Saturday;
26. (26) "worker" means any person (except an apprentice under the Apprentices Act, 1961 (52 of 1961), employed to do any manual, unskilled, skilled technical, operational or clerical work for hire or reward, whether the terms of employment be express or implied.

The provisions of this Act shall not apply to,-

1. (1) Establishments of the Central and State Government;
2. (2) Establishments of Local Authorities;
3. (3) Establishment of Mumbai Port Trust;
4. (4) Establishment of Railway Administration;
5. (5) Offices of Reserve Bank of India;
6. (6) Offices of the Trade Commissioner and of Consular officers and other Diplomatic representatives of Foreign Government;
7. (7) Offices of Air Service Companies;
8. (8) Establishments used for treatment or care of infirm, destitute or mentally unfit;
9. (9) Establishments pertaining to any kind of educational activities (excepting those where coaching or tuition classes are conducted by individual persons or any institutions other than those,-
   • (a) affiliated to any university established by law, or
   • (b) recognised by the Divisional Boards under the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 (Mah. XLI of 1965), or
   • (c) recognised by the Directorate of Education or the Directorate of Technical Education as a private secondary or technical high school, Industrial Training Institute (I.T.I.), Polytechnic, Engineering Colleges or other technical institutions conducting courses recognised by Government;
10. (10) High Court Law Libraries and other Courts Law Libraries;
11. (11) A worker occupying position of confidential, managerial or supervisory character in an establishment, a list of which shall be displayed on the website of establishments and in absence of the website at a conspicuous place in the establishment and a copy thereof shall be sent to the Facilitators;
12. (12) A worker whose work is inherently intermittent;
13. (13) A member of the family of an employer.

1. (1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, declare any establishment or class of establishments to which, or any worker or person or class of workers or 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 worker or a person or class of workers or persons to which or whom this Act or any provisions thereof with such modifications or adaptations as may in the opinion of the State Government be necessary shall apply from such date as may be specified in the notification.
2. (2) On such declaration under sub-section (1), any such establishment or class of establishments or such workers or person or class of workers or persons shall be deemed to be an establishment or class of establishments to which, or to be a worker or a person or class of workers or persons to whom, this Act, applies and all or any of the provision of this Act with such modification or adaptation as may be specified in such declaration, shall apply to such establishment or class of establishments or to such worker or persons or class of workers or persons.

The State Government may, by notification in the Official Gazette, suspend the operation of all or any of the provisions of this Act for such period and subject to such conditions as it deems fit on account of any holidays or occasions.