The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
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34. Power to exempt.
The State Government may, by notification in the Official Gazette, exempt from the operation of all or any of the provisions of this Act or rules, any establishment or class thereof or any employer or worker or person or class of employers or workers or persons to whom this Act applies for any period on such terms and conditions, as it may thinks fit.
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35. Rights and privileges under other laws etc., not affected.
Nothing in this Act shall affect any right or privileges which a worker in any establishment is entitled to at the date of commencement of this Act under any other law, contract, custom or usage applicable to such establishment or any award, settlement or agreement binding on the employer and the worker in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.
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36. Protection of action taken in good faith.
No suit, prosecution or legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
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36A. Name Board to be in Marathi.
1[36A. Name Board to be in Marathi.- (1) The Name Board of every establishment registered under section 6, or of every establishment to which section 7 apply, shall be in Marathi language in Devnagari script : Provided that, the employer of such establishment may also have the Name Board in any other language and script in addition to Marathi in Devnagari script : Provided further that, lettering in Marathi language shall essentially be written in the beginning on the Name Board and the font size of the letters in Marathi Language shall not be smaller than the font size of the letters in any other language.
- (2) No establishment where liquor is served or sold shall have a Name Board in the name of legends or forts.]
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37. Power to make Rules.
- (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
- (2) All rules made under this Act shall be subject to the condition of previous publication.
- (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session or sessions immediately following, both Houses agree in making any modification in any rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be, so however that, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
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38. Power to remove difficulties.
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty : Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.
- (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.
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39. Repeal of Maharashtra Shops and Establishments Act.
On and from the date of commencement of this Act, the Maharashtra Shops and Establishments Act (LXXIX of 1948), shall stand repealed : Provided that,-
- (a) every appointment order, rule, bye-law, regulation, notification, registration or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it 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 superseded 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 the Act so repealed shall be continued and completed as if the said Act had not been repealed but had continued in operation and any penalty imposed on such proceedings shall be recovered under the Act so repealed.
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