THE MAHARASHTRA SHOPS AND ESTABLISHMENTS ACT, 1948
The
Maharashtra Shops and Establishments Act, 1948 regulates the condition of work
and employment in shops, commercial establishment, residential hotels,
restaurants, eating houses, theatres, other places of public amusement or
entertainment and other establishments. S&E Act mandatorily requires every establishments covered under this Act to obtain Registration Certificate.
APPLICABILITY
The Act is
applicable to local areas, specified in Schedule I in the State of Maharashtra.
However the State Government can extend the application of the Act by
notification to other local areas having population of twenty five thousand and
more or even less than twenty five thousand [Section 1(2)(3) (4) & (5)]
COVERAGE
The Act,
through various provisions makes it clear that it is applicable to Shops and
Commercial establishments, residential hotels restaurants eating hotels ,
theatres or other places of public amusement and entertainment located in such
local areas as may be notified
REGISTRATION
·
Every
establishment shall send to the Inspector of the local area concerned a
statement, in a prescribed Form A, together with such fees, within 30 days from
the date of commencement of work as may be prescribed, containing-
(a)
the name of
the employer and the manager, if any;
(b)
the postal
address of 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 (Section 7, Rule 5, Form A)
·
The
information is required to be transmitted electronically with requisite fees (Rule
22 & 23)
LEAVE PROVISION
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PROVISION
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ELIGIBILITY
& CALCULATION
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Section 35(1)(a)
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Subject to the
provisions of clause (b), every employee who has been employed for not less
than three months in any year, shall for every 60 days on which he has worked
during the year be allowed leave, consecutive or otherwise, for a period of
not more than five days;
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Section 35 (1)(b)
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every employee who has worked for not
less than two hundred and forty days during
year irrespective of the date of commencement of his service, shall be
allowed leave, consecutive or otherwise, for a period of not less than
twenty-one days;
Provided that such leave may be
accumulated up to a maximum period of forty-two days
Explanation: The leave allowed
to an employee under clauses (a) and (b) shall be inclusive of the day or
days during the period of such leave, on which a shop, or commercial
establishment remains closed under sub-section (1) of section 18, or on which
he is entitled to a holiday under sub-section (1) of section 24 or section 31
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Section 36
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Pay during 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 earnings in respect of
overtime.
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REGISTERS
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PROVISIONS
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NAME
OF REGISTERS
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FORMS
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Section 62, Rule 20
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Register of Employment
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H or J
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Section 62, Rule 20
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Notice of Holiday
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L
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Section 62, Rule 20
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Register of Leave
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M
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Section 62, Rule 20
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Leave Book
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N
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Section 62, Rule 20
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Muster Roll - Cum- Wage Registers
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Form II
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Section 62, Rule 20
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Display Abstract of the Act and Rules on the establishments statutory notice board in
the language understood by the majority of employees
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Section 62, Rule 20
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Visit Book as per specification under Rule
20
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Section 8, Rule 8
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Notice of Change
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E
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