Dear All,
Please find attached herewith The Kerala Shops and
Commercial Establishment ( Amendment ) Ordinance, 2018 through which section 3
to 8 of the Act is amended.
Th Important amended provision is as follows
1. All the shops and Establishment can be kept open for all
day in a year provided weekly off is complied with.
2. Women employees are permitted to work till 10 PM and
after 10 PM in a group of 5 members out of which 2 are female employees without
any special permission.
3. Proper sitting facility should be provided while on duty.
It is intended mainly for textile sector and other similar industry.
4. Maximum penalty has been increased up to to two Lakhs
from ten thousand. Detailed penalty structure appended below
5. Registers and records can be maintained in electronic format without any special permission
SL No
|
SECTION
|
OLD PROVISION
|
NEW PROVISION
|
1
|
2(6)
|
Employees mean a person
wholly or principally employed in and in connection with, any establishment
and includes an apprentice
|
Employees mean a person
wholly or principally employed in and in connection with, any establishment
and includes an apprentice or any class of person as the government may by
notification in the Gazette, declare to be an employee for the purpose of
this Act
|
2
|
11
|
Shops and establishment to be
closed one day in a week. Weekly off needs to be provided to the employees
for every 6 days worked
|
Shops and Establishment can
be opened all 365 days in an year without any special permission. One day
weekly off needs to be provided to the employees for every 6 days worked
|
3
|
20
|
No women employee or any
person who has not attained the age of 17 years are not permitted to work
before 6 Am and after 7 PM.
|
No women employee or any
person who has not attained the age of 17 years are not permitted to work
before 6 AM and after 10 PM provided female employees are permitted to work
after 10 PM in a group of 5 employees of which 2 employee should be women
without any special permission.
|
4
|
21B
|
New Provision inserted
|
Adequate sitting facility
should be provided while on duty.
|
5
|
29
|
Minimum penalty of Rs.5000 (
Five Thousand) and maximum penalty of Rs.10,000/-(Ten Thousand)
|
Minimum penalty of Rs.5000/-
( Five Thousand) and maximum penalty of Rs.200,000/-( Two Lakhs)
|
6
|
30
|
Registers and records needs
to be maintained in a book format.
|
Registers and records can be
maintained in electronic format without any special permission.
|
SL NO
|
FAILURE
|
PENALTY
|
1
|
Failed to register the
establishment under the Kerala S & CE Act
|
Up to 5000 and continuing
breach with fine which may extend to Rs.250 for every day during which the
breach continues after convictions for the first breach
|
2
|
failed to display a copy of
the Kerala S & CE certificate
|
Up to 5000 and continuing
breach with fine which may extend to Rs.250 for every day during which the
breach continues after convictions for the first breach
|
3
|
Made to work for more than 8
hours a day 48 hours in any week and more than 10.5 hours including overtime
|
First offence, may extend to
Rs.100,000/- and for a second or any subsequent offence, may extend to
Rs.200,000/-.
|
4
|
Failed to provide intervals
for rest of one hour
|
First offence, may extend to
Rs.100,000/- and for a second or any subsequent offence, may extend to
Rs.200,000/-.
|
5
|
Failed to grant weekly off
|
First offence, may extend to
Rs.100,000/- and for a second or any subsequent offence, may extend to
Rs.200,000/-.
|
6
|
Failed to provide annual
leave with wages
|
First offence, may extend to
Rs.100,000/- and for a second or any subsequent offence, may extend to
Rs.200,000/-.
|
7
|
Failed to provide notice of
Dismissal
|
First offence, may extend to
Rs.100,000/- and for a second or any subsequent offence, may extend to Rs.200,000/-.
|
8
|
failed to provide extra wages
for overtime work
|
Fine upto Rs.50,000/-
|
9
|
Failed to comply with the
provision of employment of women and person below 17 years during night
|
Fine upto Rs.50,000/-
|
10
|
Failed to produce registers
and records
|
Fine upto Rs.50,000/-
|
11
|
willfully obstructs an
inspector
|
Fine upto Rs.100,000/-
|