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Discussion > Civil Law > what is procedure under Bombay Shop and establishment   Unanswered Threads Post New Topic

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There are 4 Replies to this message


Sam_01042008


student
[ Scorecard : 692]
Posted On 24 February 2010 at 14:33 Report Abuse

kindly guide for procedure or prerequisites for opening of branch or office in maharashtra (kolhapur)



Online certification courses in IP, IT and Social Media laws


Daksh


Student
[ Scorecard : 4512]
Posted On 24 February 2010 at 15:22 Report Abuse

Dear Sam,

Kindly go throught the following compliances which I have compiled and revert :

 

 

REQUIREMENTS TO BE FULFILLED BY AN EMPLOYER UNDER BOMBAY SHOPS AND ESTABLISHMENT ACT

As per Form A

The following Registers are to be maintained i.e.

Rule 5 Register showing dates of Lime Washing etc

 

Rule 20 (3)  Register of Employment in a place of public amusement or entertainment.

 

Form M (Rule 20 – 4) Register of Leave

VISIT BOOK

This shall be a bound book of size 7” x 6” containing atleast 100 pages with every second page consecutively numbered, to be produced to the visiting Inspector on demand. The columns shall be:

 

Name of the establishment or Employer

Locality

Registration Number

Date and

Time

Rules 5,7 &8

Every employer has to get its Registration Certificate under Bombay Shops and Establishment renewed periodically.

Section 13

The Commercial establishment only subject to the prior permission are allowed to open after 8.30 P M

Section 31

Weekly off Holiday (Needs to be publicly mentioned)

Section 32

Prohibition of Children as employees

Section 33 & 34A

Restrictions are placed on the closing hours for women as well as on giving then dangerous work. Thus no woman can be required or allowed to work, whether as an employee or otherwise, in any establishment after 9.30 p.m. In other words, women cannot be required or allowed to attend work late in the evening. Similarly no woman working in any establishment, whether as an employee or otherwise, can be required or allowed to perform work involving danger to her life, health or morals.   Anybody who is between the age of 15 years and 17 years is considered to be a young person. No young person can be required or allowed to work, whether as an employee or otherwise, in any establishment after 7.00 p.m.; for more than 6 hours in any day; and

if the work involves danger to life, health or morals.

Section 35(4)

In addition to annual leave with pay an employee of a Shop or re – establishment is entitled to a paid holiday on 26th Jan, 15th Aug and 2nd October every year.

Section 38

This section gives power to the State Government to extend the application of the Payment of Wages Act to any class of establishments or any glass of employees to which the Bombay Shops and Establishments Act applies. Accordingly the State Government has extended the application of the Payment of Wages Act to establishments situated in Greater Bombay, Thane, Poona, Sholapur, Kolhapur and Nagpur.

 

Applicability of Industrial Employment (Standing Orders) Act, 1946 applicable to employees of establishments covered under Bombay Shops and Establishment Act

As per Section 38-C of the Bombay Shops and Establishments Act read with the proviso to sub-section (1) of Section 2 of the Maternity Benefit Act give power to the State Government to extend the application of the Maternity Benefit Act to women employees in any establishment or class of establishments. Accordingly the State Government has extended the application of the Maternity Benefit Act to all shops, commercial establishments, residential hotels, restaurants and eating houses to which the Bombay Shops and Establishments Act applies but the Employees' State Insurance Act does not apply.

 

{Section 62 & Rule 20}

 

Every employer or manager of a shop or commercial establishment has to maintain various registers like register of employment, a register of leave, a visit book, etc, as detailed in Rules made under the Act. He has also to maintain certain records and display certain notices as per the Rules.

 



Daksh


Student
[ Scorecard : 4512]
Posted On 24 February 2010 at 15:24 Report Abuse

Dear Sam,

There is an addition to the above we have to go and procure a licence afresh under Shops and Establishment Act.

Best Regards

Daksh



Kanaksinh P.Boda


Educationist/Lawyer
[ Scorecard : 916]
Posted On 24 February 2010 at 18:06 Report Abuse

Also please difine at to what is meatnt by word 'shop' or 'establishement' in the Act for benifit of we all.



Sam_01042008


student
[ Scorecard : 692]
Posted On 25 February 2010 at 14:05 Report Abuse

thank you Mr. Daksh for information.

kindly clarify

1. whome this act is applicable like to companies and its branched, franchisees.

2. if a person take franchisee of a company and start his business on various places on leave and license basis, is it necessary to obtain registration under this act.

3. in case of non registration and non compliance of provision of this act, what will be the consequenses




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