THE BOMBAY SHOPS AND ESTABLISHMENTS ACT, 1948

THE OBJECT : An Act to consolidate and amend the law relating to the
regulation of conditions of work and employment in shops, commercial
establishments, residential hotels, restaurants, eating houses, theatres, other
places of public amusement or entertainment and other establishments.
Commercia e!"a#i!$me%"& means an establishment which carries on, any
business, trade or profession or any work in connection with, or incidental or
ancillary to, any business, trade or profession (and including establishments of
any legal practitioner, medical practitioner, architect, engineer, accountant, tax
consultant or any other technical or professional consultant and also includes a
society registered under the Societies Registration Act, but does not include a
factory, shop, residential hotel, restaurant, eating house, theatre or other place of
public amusement or entertainment.
Em'o(ee& means a person wholly or principally employed, whether directly or
through any agency, and whether for wages or other consideration in or in
connection with any establishment; and includes an apprentice, but does not
include a member of the employers family;
Em'o(er& means a person owning or haing ultimate control oer the affairs of
an establishment;
)e*i!"ra"io% o+ E!"a#i!$me%"!:, !ithin the period specified in sub"section (#$,
the employer of eery establishment shall sent to the %nspector of the local area
concerned a statement, in a prescribed form, together with such fees as may be
prescribed, containing "
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 i.e., whether it is a shop, commercial
establishment, residential hotel, restaurant, eating house, theatre or other
place of public amusement or entertainment; and
&
O'e%i%* a%- co!i%* $o.r! o+ commercia e!"a#i!$me%"! : 'o commercial
establishment shall on any day be opened earlier than (.)* a.m. and closed later
than (.)* p.m.
Dai( / 0ee1( $o.r! o+ 0or1 i% !$o'! a%- commercia e!"a#i!$me%":
Sub+ect to the (other$ proisions of this Act, no employee shall be re,uired or
allowed to work in any shop or commercial establishment for more than nine
hours in any day and forty"eight hours in any week.
Any employee may be re,uired or allowed to work in a shop or commercial
establishment for any period in excess of the limit fixed under sub"section (&$,
if such period does not exceed (six$ hours in any week.
-n not more than six days in a year which the (State$ .oernment may fix by
rules made in this behalf, for purpose of making of accounts, stock taking
settlements or other prescribed occasions, any employee may be re,uired or
allowed to work in a shop or commercial establishment in excess of the period
fixed under sub"section (&$, if such excess period does not exceed twenty"four
hours.
%nteral for rest/ 0he period work of an employee in a shop or commercial
establishment each day shall be so fixed than no period for continuous work
shall exceed fie hours and that no employee shall be re,uired or allowed to
work for more than fie hours before he has had an interal for rest of at least
one hour/
Pro2i-e- "$a" : %n the case of any other employee the State .oernment may,
permit the reduction of the interal for rest to half an hour.
Spread oer in commercial establishments / 0he spread oer of an employee
in a commercial establishment shall not exceed eleen hours in any day.
1oliday in a week in shops and commercial establishments / (&$ 2ery shop
and commercial establishment shall remain closed on one day of the week.
3
'o deduction shall be made from the wages of any employee in a shop or
commercial establishment on account of any day on which it has remained
closed under this section.
LEA3E
2ery employee who has worked for not less than two hundred and forty days
during a year shall be allowed leae, consecutie or otherwise, for a period of not
less than twenty"one days/
4roided that such leae may be accumulated up to a maximum period forty"two
days.
2xplanation/ 0he leae allowed to an employee shall be inclusie of the day or
days during the period of such leae, on which a shop, or commercial
establishment remains closed.
An employee entitled to leae under sub"section is discharged by his employer
before he has been allowed the leae, or if, haing applied for and haing been
refused the leae, he ,uits his employment before he has been allowed the leae,
the employer shall pay him the amount payable under section )5 in respect of the
leae.
'otwithstanding anything contained in this section, eery employee, irrespectie
of his period of employment, shall be entitled to additional holiday on the 35
th
6anuary, &
st
7ay, &8
th
August and 3
nd
-ctober eery year.
4roided that the employer may re,uire any employee to work in the
establishment on all or any of these days, sub+ect to the conditions that for such
work the employee shall be paid double the amount of the daily aerage wages
and also leae on any other day in lieu of the compulsory holiday.
4OLLO5IN6 ACTS APPLY TO SHOPS / ESTABLISHMENTS7
0he 4ayment of !ages Act
0he !orkmens 9ompensation Act, (&:3)$.
0he %ndustrial 2mployment (Standing -rders$ Act.
7aternity ;enefit Act.
)
5a*e! +or O2er"ime 5or1: !here an employee in any establishment to which
this Act applies is re,uired to work in excess of the limit of hours of work, he shall
be entitled in respect of the oertime work, wages at the rate of twice his ordinary
rate of wages.
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