Kerala shopes and establishment act 1960

THE KERALA SHOPS AND
COMMERCIAL ESTABLISHMENTS
ACT, 1960
JOJIN JOSE
S-3 MBA
SJCET SCHOOL OF MANAGEMENT

THE KERALA SHOPS AND COMMERCIAL
ESTABLISHMENTS ACT, 1960
An Act to consolidate and amend the law
relating to the regulation of conditions of work
and employment in the shops and commercial
establishments in the State of Kerala
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Short title, extent and commencement.-
This Act may be called the Kerala Shops and
Commercial Establishments Act, 1960.
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OBJECT : To provide for the welfare of the
employees employed in the shops and
commercial establishments and to regulate the
conditions of their work and employment
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APPLICABILITY:
It includes the whole state of Kerala and applies
to all shops and commercial establishments
defined under in which the Travancore-Cochin
Shops and Establishments Act, 1125 or the
Madras Shops and Establishments Act, 1947, has
been applied before the commencement of this
Act.
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• REGISTRATION OF THE EASTABLISHMENT:
5A. Registration of establishments.—
1. The employer of every establishment shall make an application
to the Government for a registration certificate in respect of
that establishment.
2. An application under sub-section (1) shall be made within sixty
days from the date of commencement of this section:
3. Provided that in the case of an establishment started after the
commencement of this section, such application shall be made
within sixty days from the date on which the establishment
commences its work.
4. The application shall specify the following particulars, namely:-
the name of the employer and the manager, if any;
the postal address of the establishment;
the name, if any, of the establishment;
the category of the establishment, that is to say whether it is a
shop or a commercial establishment;
the number and names of employees employed in the
establishment;
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5. such other particulars as may be prescribed.
6. On receipt of an application under sub-section (1),
the competent authority shall, duly registered under
this Act.
7. Registration certificate granted under this Act shall
not be valid beyond the year.
8. An application for the renewal of a registration
certificate granted under this Act shall be made at
least thirty days before the expiry of the period.
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In short the employer of every shops and
commercial establishments shall apply for
registration in Form B-I with prescribed fee to
the competent authority (Assistant labour
officer-Grade III) within sixty days from the date
on which the establishment commences its
work
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FEES : Fee prescribed for the registration of
establishments relating to the number of
employees employed for a calendar year.
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No. of Employees Fee prescribed (S.R.O 971/98
dated
Nil Rs. 10.00
Does not exceed 5 Rs. 50.00
Exceed 5 but does not exceed 10 Rs. 100.00
not exceeds 20 Rs. 200.00
Exceeds 20 but does not exceeds30 RS. 300.00
Exceeds 30 but does not exceed 50 R.s. 500.00
Exceeds 50 and but does not exceed 100 Rs. 1,000.00
101 and above Rs. 2000.00
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RENEWAL OF REGISTRATION: Every employer shall
renew the registration every year at least 30 days
before the expiry of the registration for the
previous year. The application for renewal with the
registration certificate and prescribed fee shall be
submitted to the competent authority within the
period. The fee for registration and renewal shall be
remitted in the office of the Asst. labour officer
concerned or treasury remittance
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AMENDMENT OF REGISTRATION:
Any employer who desires to have his registration
certificate amended shall give a notice in Form-B--III
to the competent authority with copy to the
inspector having jurisdiction over the area in which
the establishment is situated along with prescribed
fee for amendment of registration
certificate.7.11.98)
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APPLICATION FOR DUPLICATE REGISTRATION
CERTIFICATE: If a registration certificate is lost,
stolen or destroyed, the employer shall forth
with report the matter to the competent
authority and make an application for the issue
of a duplicate registration certificate along with
prescribed fee
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APPEALS: Any aggrieved Person by an order of
the competent authority refusing to grant or
renew a registration certificate or cancelling or
suspending the same may within a period of
sixty days of the receipt of the order appeal to
the District Labour Officers (E) on Payment of
fees Prescribed
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CLOSING OF SHOPS: Every shop shall remain
entirely closed on one day of the week and a
notice shall be permanently exhibited in the
shop specifying the day of closure. This is not
applicable to shops exempted in the Act or
exempted by the Govt.
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HOURS OF WORK:
• DAILY AND WEEKLY HOURS: No employee in any
establishment shall be required to work for more than
eight hours in any day and 48 hours in any week. The
number of hours of which including overtime shall not
exceed ten hours in any day except on stock taking etc.
• EXTRAWAGES FOR OVERTIME WORK: Where an
employee works in any establishment for eight hours in
any day or for more than forty eight hours in any week
shall in respect of such overtime work be entitled to twice
the ordinary rate of wages.
• WEEKLY HOLIDAYS: Every Person employed in shops or a
commercial establishment shall be allowed in each week a
holiday of one whole day.
• INTERVALS FOR REST:- No period of work of an employee
in an establishment shall be given rest for at least one
hour before work of four hours.
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LEAVE : Employees are eligible for leave in lien of:
• Annual leave for 12 days with wages to employees
after completion of 12 month continuous service.
• Leave with wages not exceeding twelve days on the
ground of any sickness or accident sustained by him.
• Casual leave with wages not exceeding twelve days.
• Six days special casual leave for sterilisation operation
in the case of male employees and 14 days in the case
of female employees, subject to the provision of the
Act.
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DISMISSAL: No employee shall be dismissed
except on a reasonable cause and subject to
Section-18 of the Act. The aggrieved employee
may file appeal within sixty days to the date of
delivery of the order terminating his services
with the employer, to the appelllate authority
(Deputy labour Commissioner concerned)
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HEALTH AND SAFETY
• Cleanliness, ventilation and lighting.— The
premises of every establishment shall be kept
clean and free from effluvia arising from any
drain or privy or other nuisance and shall be
cleaned at such times and by such methods as
may be prescribed.
• Precaution against fire.-In every establishment
such precautions against fire shall be taken as
may be prescribed.
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REGISTERS AND RECORDS TO BE MAINTAINED BY THE
EMPLOYER :
• Register of employment in Form A or B
• Service record in Form-BB
• A register of holidays and leave in Form-F
• A visit book
• Display a notice of hours of work in Form-D
• A notice of weekly closure
• A notice containing the extract of the Act and Rules
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EMPLOYMENT OF CHILDREN AND WOMEN
• Prohibition of employment of children.—No child shall
be required or allowed to work in any establishment
except as an apprentice in such employment as may be
specified by the Government.
• Prohibition of employment of women and persons
below seventeen years during night.- No woman or any
person who has not attained the age of seventeen shall
be required or allowed to work whether as an
employee or otherwise in any establishment before 6
A. M. or after 7 P.M
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PENALITY : Whoever commits a breach of the
provisions of the Act a rules shall be punishable
in according with Section-29 and Rule –14 of
Kerala shops and Commercial Establishments
Act 1960 and Rules 1961
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AUTHORITIES APPOINTED UNDER THE ACT :
Appointment of Inspectors.-The Government
may, by notification in the Gazette, appoint such
Officers or such persons or class of persons as
they think fit to be Inspectors for the purposes
of this Act within such local limits as they may
assign to them respectively.
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Inspectors (under Sec-25) a competent authorities
(Under Sec. 5)
• Labour Commissioner
• Additional Labour Commissioner (IR and E)
• Joint Labour Commissioner (P)
• Deputy Labour Commissioner (H)
• Regional Joint Labour commissioners.
• District Labour Officer (E) of each district
• Asst.Labour Officers – Grade II in their respective
notified areas.
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• Appellate Authority (under Sec.5) District Labour Officers (E)
• Appellate Authority under (sec.-18(2)) Deputy Labour
Commissioners
• Authorised officer for exercising powers under Section-5, 35
granite exemption from the provision of the Act for a period
of up to 30 days. Labour commissioner.
• Authorised officer for exercising powers under Section-10(2)
for fixation of opening and closing hour of establishments
Labour Commissioner.
• Appellate authority appointed under Section – 23 for the
purpose of hearing appeals against the orders passed the
inspector under chapter 6 of the Act (Health and Safety)
Labour Commissioner.
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Any
Questions?….
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Thank
You…
29/10/2015

Kerala shopes and establishment act 1960

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