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SOHAIL & CO.: The Bombay Shops & Establishments Act, 1948

About What:

  • To regulate conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public entertainment and other establishments.
  • Provisions include Regulation of Establishments, Employment of Children, Young Persons and Women, Leave and Payment of Wages, Health and Safety etc.

Applicability & Coverage:

  • It applies to all local areas specified in Schedule-I
  • Establishment means any establishment to which the Act applies and any other such establishment to which the State Government may extend the provisions of the Act by notification
  • Employee means a person wholly or principally employed whether directly or through any agency, whether for wages or other considerations in connection with any establishment
  • Member of the family of an employer means, the husband, wife, son, daughter, father, mother, brother or sister and is dependent on such employer

Returns:

  • Form-A or Form-B (as the case may be) {Section 7(2)(a), Rule 5} Before 15th December of the calendar year, i.e. 15 days before the expiry date

    The employer has to submit these forms to the authority notified along with the old certificate of registration and the renewal fees for minimum one year’s renewal and maximum of three year’s renewal

  • Form-E (Notice of Change) {Rule 8}

    Within 15 days after the expiry of the quarter to which the changes relate in respect of total number of employees qualifying for higher fees as prescribed in Schedule-II and in respect of other changes in the original statement furnished within 30 days after the change has taken place. (Quarter means quarter ending on 31st March, 30th June, 30th September and 31st December)

Registers:

  • Form-D {Rule 5} Register showing dates of Lime Washing etc
  • Form-H, Form-J {Rule 20(1)} (if opening & closing hours are ordinarily uniform) Register of Employment in a Shop or Commercial Establishment
  • Form-I {Rule 20(3)}, Form-K (if opening & closing hours are ordinarily uniform) Register of Employment in a Residential Hotel, Restaurant, Eating-House, Theatre, or other places of public amusement or entertainment
  • Form-M {Rule 20(4)} Register of Leave – This and all the above Registers have to be maintained by the Employer
  • 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