Kerala shopes and establishment act 1960

ppt regarding the Kerala shops and establishment act 1960

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

2. 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 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

3. Short title, extent and commencement.- This Act may be called the Kerala Shops and Commercial Establishments Act, 1960. 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

4. 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 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

5. 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. 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

6. REGISTRATION OF THE EASTABLISHMENT: 5A. Registration of establishments.— The employer of every establishment shall make an application to the Government f or a registration certificate in respect of that establishment . An application under sub-section (1) shall be made within sixty days from the date of commencement of this section: 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. 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; 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

7. such other particulars as may be prescribed. On receipt of an application under sub-section (1), the competent authority shall, duly registered under this Act. Registration certificate granted under this Act shall not be valid beyond the year. 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. 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

8. 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 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

9. FEES : Fee prescribed for the registration of establishments relating to the number of employees employed for a calendar year. 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

10. 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 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

11. 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 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

12. 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) 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

13. 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 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

14. 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 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

15. 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. 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

16. 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. 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

17. 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. 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

18. 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) 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

19. 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. 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

20. 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 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

21. 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 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

22. 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 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

23. 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. 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

24. 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. 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

25. 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. 29/10/2015 THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

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