JHARKHAND SHOPS AND ESTABLISHMENTS LAWS

INTRODUCTION

In exercise of the powers conferred by Section 85 of the Bihar Reorganisation Act, 2000, the Government of Jharkhand adapted Bihar Shops and Establishments Act, 1953, Bihar Shops and Establishments Rules, 1955 with following amendments

1. In the said Rules wherever the word “Bihar” is mentioned the word “Jharkhand” shall be deemed to have been substituted

2. Hereinafter the said Rules shall be known as “The Jharkhand Shops and Establishments Rules, 2001”.

Though the Act has been adapted vide above Notification S.O. No. 2/SEA/(LC) 501/2001- L&T 2870 dated 14th November 2002 but the word “Bihar” and the year “1953” of the title of the Act have not been changed.

BIHAR SHOPS AND ESTABLISHMENTS ACT, 1953

PURPOSE An Act to provide for the

Regulation of conditions of work and employment in shops and other establishments and for certain other purposes

It is a State legislation

APPLICATION

It is to apply, in the first instance, to the local areas comprised within a municipality, notified area or a municipal corporation constituted and established under any law and to any mining settlement for which Mines Board of Health has been established under Bihar and Orissa Mining Settlements Act, 1920

DEFINITIONS APPRENTICE- A person, not below

twelve years, employed, whether for payment or not, for purpose of being trained in any trade etc. in any establishment

EMPLOYEE- A person wholly or prtially employed for hire, wages reward or commission in and in connection with any establishment,

and includes apprentice but does not include employer’s family

also includes persons employed in a factory who are not workers

person who has been dismissed, discharged or retrenched

ESTABLISHMENT- An establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to any business, trade or profession and includes

(i) administrative or clerical service (ii) a shop, restaurant, residential

hotel, eating house, theatre or any place of public amusement or entertainment,

(iii) any other establishment State Government may declare to be establishment

FAMILY- In relation to an employer means husband or wife, child or children, father or mother, brother or sister, brother’s son, sister’s son, daughter’s son and son’s son living wih him and dependent on him

SHOP- Any premises where goods are sold, either by retail or wholesale or where services are rendered to customers and includes office, storeroom, godown, warehouse and workplace used in connection with sales or services

WAGES- As defined in Payment of Wages Act, 1936 and includes dearness allowance

YEAR- Commencing on 1st day of January

Section 4(1)- The provisions of this Act is not to apply where Mines Act, 1952 applies

(2)- The provisions specified in third column are not to apply to establishments, employees and other persons referred to in second column of Schedule of the Act

Section 5- Rights and privileges under other laws, etc, not affected if they are more favourable

ESTABLISHMENT Section 6- State Government may

make rules for Registration of establishment and renewal thereof

Section 7- Opening and closing hours of establishments 9 A.M. to 9 P.M.

Section 8- Prohibition of sales before opening and after closing hours

- hawkers on footpath or maket street upto 11 P.M.

- exception hawking of the newspapers

Section 9- Hours of work in establishments

- not more than 9 hours in a day - not more than 48 hours in a week - exclusive of interval of rest or meals

together not less than 1 hour in a day During stock taking or making of

accounts excess of hours may be allowed to adults but not more than 10 hours a day, 54 hours a week, 150 hours in a year provided advance notice of at least 3 days has been given to Chief Inspector or authorised officer

Section 10- Interval for rest Five hours work with rest of half hour Section 11- Spreading of period of

work Child-eight hours, young persons- ten

hours, adult- twelve hours Section 12(1)- Weekly holidays in

establishments - Every establishment is to remain entirely closed on one day of the week provided employer may keep it open on weekly holiday on opening day of financial year

(2) Weekly holiday is to be specified by employer in a notice, and displayed at conspicuous and convenient place at or near main entrance, in clean and legible condition and a copy of notice is to be delivered at the office of Inspecting Officer and the day specified in the notice is not to be altered without prior approval of Inspecting Officer

(3) Chief Inspector, if he thinks fit, may specify the day for a particular area

(4) Every employee is to be allowed in each week holiday of a whole day

Provided it is not to apply to employee whose total period of employment in a week including authorised leave is less than six days or to entitle employee who has been allowed weekly holiday to additional holiday

(5) No deduction is to be made from wages of employee on account of closed holiday

Section 12-A- Other holidays Every employee is to be allowed (a) holiday on full pay on

Independence Day, Republic Day and Mahatma Gandhi’s Birthday

(b) other holidays upto five days in a year in connection with such festivals as the State Government may declare

provided the employee required to work on holiday is to be paid remuneration at double the rate of his normal wages calculated by the hour

Section 12-B- Every employee to be furnished with service card

EMPLOYMENT OF CHILDREN AND YOUNG PERSONS Section 13- No child is to work in

an establishment Section 14- Children, young

persons and women are to work only between 7 A.M. and 10 P.M.

Section 15- Daily and weekly hours for young persons

Five hours a day or thirty hours a week for child

Seven hours a day or forty two in a week for young person

Not more than four hours with rest of at least one hour

No child is to work in an establishment if he has already worked in another establishment

LEAVE WITH WAGES Section 16(1)- Annual leave with wages Every employee who has worked for

two hundred and forty days in an establishment during a calendar year and has not been involved in illegal strike is to be allowed in subsequent year, leave with wages at rate

if a child, one day for every fifteen days

others, one day for every twenty days

- Lay-off, maternity leave and prior earned leave are taken for calculation of 240 days, not for earning leave

(2) (i) Leave admissible is to be exclusive of all holidays

(ii) If service does not commence on 1st January, leave is admissible if he has worked for two third number of days

(3) If he is employed for not less than one hundred and twenty days he is entitled if ratio of employment to total number of days is not less than 240 bears to 365

(4) Fraction of leave of half day or more is to be counted full day, less than half a day is to be omitted

(5) Leave, not taken, is carried forward, it is not to exceed forty five days

(6) Application is to be made in writing fifteen days prior to taking leave

(7) Leave is not to be refused, appeal lies against refusal, if awarded compensation is to be paid

(8) Refused leave is carried forward, even if it exceeds forty five days, if paid, number of days are to be reduced

(9) If employer terminates employment of employee, leave not taken by him is to be paid before second working day,

if employee quits, he is to be paid on or before next pay day

(10) Leave may be granted for illness

(11) Unavailed leave is not to be taken for computing notice period on discharge or dismissal

Section 16-A- Other kinds of leave (1) CL- with full pay 12 days, Sick Leave- with half pay 12 days

Above leaves are not cumulative (2) Caretakers, guards and watchmen

with full pay 45 days additionally Section 17(1)- Wages during leave

period At rate equal to the daily average of

total full time earning exclusive of overtime and yearly

bonus inclusive of other bonuses, dearness

allowance and cash equivalent of food and other concessions

(2) State Government may make rules (3) Employee proceeding on earned

leave is to be paid, on demand, advance payment of wages for half of period of leave and for wage period immediately preceding such leave. Wages for remaining half of period is to be paid along with wages for the first wage period after he resumes duty

Wages for sick leave is also to be paid along with wages for the first wage period after he resumes duty

Section 18- Power to increase the amount of leave

Section 18-A- Power to exempt establishments

WAGES

Section 19- Responsibility for payment of wages is of the employer

Section 20- Fixation of wage period to be done by employer is not to exceed one month

Section 21- Extra pay for overtime is to be given at the rate twice the ordinary rate

Section 22- Payment, when to be made

Advance payment is to be made for leave allowed of not less than five days for a child and of four days for others

Section 23(1)- Time of payment of wages

Before the end of seventh day after the last day of wage period

(2) Within two days on termination (3) On working day, at work place,

during working hours Section 24- Wages to be paid in

current coins or currency notes

Section 25- Deductions which may be made from wages

No deductions except as prescribed

Section 26- Notice of the dismissal or discharge

No employer is to dismiss or discharge or otherwise terminate employment of any employee, who has been in continuous service of not less than six months except for reasonable cause and after giving one month’s notice or one month’s wages in lieu of notice

No notice is required if service is dispensed with on charge of misconduct

Provided further that employee whose

service is dispensed with otherwise than on charge of misconduct is also to be paid compensation equivalent to fifteen days average wages for every completed year of service and any part thereof in excess of six months

Employee, dismissed or discharged or whose employment is otherwise terminated, may make complaint in writing in prescribed manner to specified authority within 90 days of receipt of order

Authority is to cause notice served on employer relating to complaint, record evidence, hear them, make enquiry and pass order of reinstatement or compensation or both

Decision of the authority is to be final and binding

Section 27- Notice of termination of employment by employee

No employee is to terminate his employment unless he has given one month’s notice

Where employee Contravenes this provision his employer may forfeit unpaid wages not exceeding fifteen days

Section 28(1)-Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims

Where contrary to provisions of this Act any deduction has been made from wages or payment of wages has been delayed- employee, legal practitioner, authorised agent, officer of trade union or Inspecting Officer may make application in prescribed manner to specified authority

(2) Authority is to hear the application and direct refund of amount deducted or payment of delayed wages together with compensation not exceeding ten times the amount deducted and not exceeding ten rupees in other case unless delay is due to bona fide error or dispute or emergency or failure on part of employee to apply or accept payment

(3) Authority may direct penalty not exceeding twenty five rupees for malicious or vexatious claims

(4) Amount directed to be paid under this section is to be recovered in prescribed manner

(5) Single application for many persons

(6) Separate applications as single application

(7) Appeal against order dismissing application or against direction is to be made to specified authority

(8) Save as provided in (7) order dismissing application is to be final

(9) Authority has powers of civil court

Section 28-A- Appearance by legal practitioner

Section 28-B- Power of the State Government to make rules for regulation of business and transfer of cases

INSPECTION AND PENATIES

Section 29- Appointment of Inspecting officer

Section 30- Powers and jurisdiction of an Inspecting Officer

Section 31- Inspecting Officers to be public servant

Section 32- Penalty for obstructing Inspecting Officer, etc.

Section 33- Maintenance of registers and records and display of notices

Section 34- Penalties

Section 35- Penalty whether the employer is a firm or company

Section 36- Cognizance of offences

MISCELLANEOUS

Section 37- Protection of persons acting under the Act

Section 37-A- Presumption Section 38- Power of Government

to suspend provision of this Act during public holidays

Section 39- Workmen’s Compensation Act, 1923 is to apply to employer and employee to whom this Act applies

Section 39-A- Maternity Benefits Act, 1961 is to apply to establishment and persons to whom this Act applies

Section 40- Power to make rules

Section 41- Weekly Holidays Act, 1942 is not to apply to establishment on commencement of this Act