Chapter XI MISCELLANEOUS AND SUPPLEMENTAL

62. Subject to the general or special order of the 92[State] Government, an employer shall maintain such registers and records and display on the premises of his establishment such notices as may be prescribed.

Employer to furnish identity card to employees 93[62A. (1) This section shall apply to every residential hotel, restaurant and eating house in the whole of the State and it shall apply to such other establishments or classes of establishments in the whole of the State or any part thereof as may be specified by a notification in. the Official Gazette, from such date as may be specified in such notification.

1. (2) The employer of every establishment to which this section applies shall furnish each employee therein with an identity card which shall be produced by the employee on demand by an Inspector. Such card shall contain the following and such other particulars as may be prescribed, namely :-
   • (a) name and address of the employer ;
   • (b) the name, if any, and postal address of the establishment;
   • (c) full name, address and designation of the employee ;
   • (d) date of birth of the employee ;
   • (e) the date on which the employee joined service in the establishment;
   • (f) recent passport size photograph of the employee duly signed by the employee ;
   • (g) hours of work, the interval for rest and holiday, of the employee ;
   • (h) signature (with date) of the employer or manager : Provided that it shall not be necessary to furnish such identity card to any employee to whom an identity card containing similar particulars and information is furnished under any other law applicable to him.
2. (3) The cost of such identity card including the Cost of the photograph shall be borne by the employer.
3. (4) If the identity card furnished by the employer is lost by the employee, a duplicate card shall be furnished free of charge by the employer immediately on production of his passport size photograph by the employee for being affixed on the card.
4. (5) No employee shall work as an employee in an establishment to which this section applies unless he holds an identity card required to be furnished under this section and no employer shall permit or require any person who does not hold such card to work in such establishment
5. (6) If an employer of any establishment to which this section applies contravenes any of the provisions of this section, he shall, on conviction, be punished with fine which shall not be less than ten rupees and which may extend to fifty rupees.

62B. Every employer shall conspicuously display on the main entrance of the establishment, a wooden or metal signboard of such size, painted in such manner and containing such particulars as may be prescribed.]

63. (1) Where an employee in any establishment other than a residential hotel, restaurant or eating house, 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 one and a half times his ordinary rate of wages.

1. (2) Where an employee in a rsesidential hotel, restaurant or eating house, 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 the expression "limit of hours of work" shall mean-
   • (a) in the case of employees in shops and commercial establishments, nine hours in any day and forty-eight hours in any week ;
   • (b) in the case of employees in residential hotels, restaurants, eating houses, theatres or other places of public amusement or entertainment, nine hours in any day ; and
   • (c) in the case of employees in any other establishment, such hours as may be prescribed.

1. (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 94[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 purposes of this section, a 95[qualified medical practitioner] shall have the same meaning as in the Factories Act, 96,

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

No employer shall dispense with the services of an employee who has been in his 97[continueous employment- (a) for not less than a year, without giving such person at least thirty days' notice in writing, or wages in lieu of such notice ; (b) for less than a year but more than three months, without giving such person at least fourteen days' notice in writing, or wages in lieu of such notice]. Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct. 99[Explanation., For the purposes of this section, 'misconduct' shall include, (a) absence from service without notice in writing or without sufficient reasons for seven days or more ; (b) going on or abetting a strike in contravention of any law for the time being in force ; and (c) causing damage to the property of his employer.],

1. (1) The 100[State] 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) the appointment of prescribed authority under clause (21) of section 2 ; (b) the period for which, the conditions subject to which and the holidays and occasions on which, the operation of the provisions of this Act may be suspended under section 6, (c) the form of submitting a statement, the fees and other particulars under sub-section (1), the manner in which the registration of establishments is to be made and the form of registration Certificate under sub-section (2), of section 7 ; and 101[the form and the period for notifying] a change and the fees under section 8 ; 102[ (ca) the form of application for the renewal of a registration certificate under section 7;] (d) fixing six days in a year for additional overtime under sub-section (3) of section 14 ; (e) fixing ten days in a year for overtime under sub-section (3) of section 19; (f) further particulars to be prescribed for an identity card under section 25 ; 103[* * * *] (h) fixing times and methods for cleaning the establishments under section 39 ; fixing standards and methods for ventilation under section 40 ; and prescribing such establishments as are to be exempted from the provisions of, and precautions against fire to be taken under section 42 ; 104[(ha) the articles which a first aid box maintained under section 42A shall contain;] (i) the supervision which the 102[State] Government shall exercise over local authorities under section 43 ; . (j) the qualifications of Inspectors appointed under section 48 and their powers and duties under section 49 ; (k) the registers and records to be maintained and notices to be displayed under section 62 ; 105[(kk) the other particulars to be contained in an identity card under sub-section (2) of section 62A ; (kkk) the size of, the manner of painting of, and the particulars to be contained in, the signboard to be displayed under section 62B ;] (l) the limit of hours of work under clause (c) of the Explanation to section 63 (m) any other matter which is 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. 106(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the state Legislature may make during the session in which they are so laid or the session immediately following. (5) Any rescission or modifications so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.],

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.

69. 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.

107[70. Nothing in this Act shall be deemed to apply to a factory and the provisions of the Factories Act, 1948, shall, notwithstanding anything contained in that Act, apply to all persons employed in and in connection with a factory ; Provided that, where any shop or commercial establishment situate 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 in the Official Gazette, apply all or any of the provisions of the Factories Act, 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. ]

71. It shall be the duty of every local authority to submit, within 108[two months] after the close of the year, to 109[the Commissioner of Labour, Ahmedabad] a report on the working of the Act within the local area under its jurisdiction during such year. 110[It shall also submit to him] from time to time such annual or periodical returns as may be required.]

72 On and from the date of the commencement of this Act. the Bombay Shops and Establishments Act, 1939, shall be repealed : Provided that :, (a) every appointment, order, rule, by-laws, regulation, notification 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, by-laws, 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.