Vidhi Codex

The Bombay Shops and Establishments Act, 1948

The Bombay Shops and Establishments Act, 1948

Labour194881 of 72 sections available11 chapters

This legislation regulates the operational conditions of non-factory commercial workplaces, including shops, commercial firms, residential hotels, restaurants, eating houses, and places of public entertainment. It applies to employers and employees working in these establishments across specified local areas. The law mandates business registration, sets daily and weekly working hour limits, requires rest intervals and weekly holidays, prohibits child labor, restricts nighttime work for women and young persons, and guarantees paid leave and overtime compensation. By establishing health, safety, and welfare standards, it matters because it protects commercial workers from unfair exploitation while maintaining order in local business operations.

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Chapter I PRELIMINARY →

  1. 1Short title, extent and operation
  2. 2Definitions
  3. 3References to time of day
  4. 4Exemptions
  5. 5Application of Act to other establishments and persons
  6. 6Suspension of all or any of the provisions of this Act

Chapter II REGISTRATION OF ESTABLISHMENTS →

  1. 7Registration of establishments
  2. 8Change to be communicated to Inspector
  3. 9Closing of establishment to be communicated to Inspector

Chapter III SHOPS AND COMMERCIAL ESTABLISHMENTS →

  1. 10Opening hours of shops
  2. 11Government may fix later opening hours for different classes of shops or for different areas or for different periods of the year.
  3. 12Government may fix earlier closing hours for different classes of shops or for different areas or for different periods of the year.
  4. 13Opening and closing hours of commercial establishments
  5. 14Government may fix later opening or earlier closing hours for different classes of commercial establishments or for different areas or for different periods of the year.
  6. 15Interval for rest
  7. 16Spread-over in shops
  8. 17Spread-over in commercial establishments
  9. 18Holidays in a week in shops and commercial establishments

Chapter IV RESIDENTIAL HOTELS, RESTAURANTS AND EATING HOUSES →

  1. 19Opening and closing hours of restaurants and eating houses
  2. 20Government 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. 21Daily hours of work in residential hotels, restaurants and eating houses
  4. 22Interval for rest
  5. 23Spread-over
  6. 24Provided that the 48[State] 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 19.
  7. 25Deleted.

Chapter V THEATRES OR OTHER PLACES OR PUBLIC AMUSEMENT OR ENTERTAINMENT →

  1. 26Closing hour of theatres or other places of public amusement or entertainment
  2. 27Theatres or other places of public amusement or entertainment not to sell goods of the kind sold in shops after the closing hours of shops
  3. 28Daily hours of work in theatres or other places of public amusement or entertainment
  4. 29Interval for rest
  5. 30Spread-over
  6. 31Government may increase the spread--over period subject to such conditions as it may impose either generally or in the case of a particular theatre or other place of public amusement or entertainment.

Chapter VI EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND WOMEN →

  1. 32No child to work in any establishment
  2. 33Young persons and women to work between 6 a. m. to 7 p. m.
  3. 34Daily hours of works for young persons
  4. 34AProhibition of employment of young persons and women in dangerous works

Chapter VII LEAVE WITH PAY AND PAYMENT OF WAGES →

  1. 35Leave
  2. 36The Inspector shall enter such intimation in a register kept in such form as may be prescribed.
  3. 37Payment when to be made
  4. 38Application and amendment of the Payment of Wages Act
  5. 38AApplication of Act VIII of 1923 to employees of establishment

Chapter VIII HEALTH AND SAFETY →

  1. 39Cleanliness
  2. 40These methods may include lime washing, colour washing, painting varnishing, disinfecting and deodoricing.
  3. 41Lighting
  4. 42Precautions against fire
  5. 42AFirst Aid

Chapter IX ENFORCEMENT AND INSPECTION →

  1. 43Powers and duties of local authorities
  2. 43AProvided also that in respect of the areas not subject to the jurisdiction of any local authority, it shall be the duty of the 67[State] Government to enforce the said provisions.
  3. 44Power to make by laws
  4. 45Government, make by-laws not inconsistent with the provisions of the Act, or the rules or orders made by the 69[State] Government thereunder, for the purpose of carrying out the provisions of this Act.
  5. 46Government to exercise any or all the functions hereby delegated to any local authority or officer subordinate to it.
  6. 47Expenses of local authority to be paid out of its fund
  7. 48Appointment of Inspectors
  8. 49Powers and duties of Inspectors
  9. 50Provided that no one shall be required under this section to answer any question or give any evidence tending to criminate himself.
  10. 51Every Inspector appointed under section 48 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

Chapter X OFFENCES AND PENALTIES →

  1. 52Contravention of certain provisions and offences
  2. 53Contravention of section 12
  3. 54If any person contravenes the provisions of section 12, he shall, on conviction, be punished with fine which shall not be less than ten rupees and which may extend to fifty rupees.
  4. 55False entries by employer and manager
  5. 56Provided that if both the employer and the manager are convicted, the aggregate of the fine in respect of the same contravention shall not exceed two hundred and fifty rupees.
  6. 57Penalty for obstructing Inspector
  7. 58Determination of employer for the purposes of this Act
  8. 59Exemption of employer or manager for liability in certain cases
  9. 59AProtection in respect of employment of certain children
  10. 60Cognizance of offences
  11. 61Limitation of prosecutions

Chapter XI MISCELLANEOUS AND SUPPLEMENTAL →

  1. 62Maintenance of registers and records and display of notices
  2. 62AAll such registers and records shall be kept on the premises of the establishment to which they relate.
  3. 62BExhibition of signboard
  4. 63Wages for overtime work
  5. 64Evidence as to age
  6. 65Restriction on double employment on a holiday or during leave
  7. 66Notice of termination of service
  8. 67Rules
  9. 68Protection to persons acting under this Act
  10. 69Rights and privileges under other law, etc. not affected
  11. 70Persons employed in factory to be governed by Factories Act and not by this Act
  12. 71Submission of annual report, etc.
  13. 72Repeal of Bombay Shops and Establishments Act, 1939

Some statutory text is still being prepared for this language version.

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