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Wednesday, October 24, 2018

Kerala Shops and Commercial Establishment ( Amendment ) Ordinance, 2018


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/-