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Transcript

THE BOMBAY SHOP AND ESTABLISHMENT ACT, 1948

By:

Aprajita Raj

18245

INTODUCTION

INTRODUCTION

  • It extends to the whole of state of Maharashtra
  • It came into effect on 11th of January,1949
  • Its aim is to regulate the conditions of work and employment in the shops, commercial establishments, hotels, residential hotels, restaurants, theaters, eating houses, other place of public amusement or entertainment and other establishments
  • It is applicable within municipal limits & can be extended to local area with population of 25000 or more

SOME IMPORTANT DEFINITIONS

IMPORTANT DEFINITION

APPRENTICE

Title

A person who is employed whether on payment of wages or otherwise, for the purpose of being trained in trade, craft or employment in any establishment.

COMMERCIAL ESTABLISHMENTS

Title

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 includes a society registered under Societies Registration ACT, 1866 and a charitable or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with or incidental or ancillary thereto but does not include a factory, shop, residential hotel, restaurant, eating house, theater or other place of public amusement or entertainment.

EMPLOYEE

Title

A person who is employed whether directly or through any agency, for wages or some other considerations, in an establishment.

FACTORY

Title

Any premises which is a factory within the meaning of [clause (m) of section 2 of the Factories Act, 1948, (LXIII of 1948) or which is deemed to be a factory under section 85 of the said Act]

FACTORY

As per Section 2(m) of Factories Act,1948:

Factory’ means: any premises or precincts thereof –

(i) whereon 10 or more workers are working, or were working, on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or

(ii) whereon twenty or more workers are working, or working on any day of the preceding 12 months and in any part of which a manufacturing process is being carried on without the aid of power ,or is ordinarily so carried on, but does not include (i) a mine subject to the operation of the Mines Act 1952, or (ii) a mobile unit belonging to the armed forces of the Union of India, (iii) a railway running shed, or (iv) a hotel , (v) a restaurant, (vi) eating place., (vii) poly house or (viii) Green house engaged in the activity of floriculture or pomology or high value crops.

Title

SHOP

Title

Any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store-room, godown, warehouse or work place, whether in the same premises or otherwise, [mainly used] in connection with such trade or business but does not include a factory, a commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment

ESTABLISHMENT

Title

A shop, commercial establishment, residential hotel, restaurant, eating house, theater, or other place of public amusement or entertainment to which this Act applies and includes such other establishment as the [State] Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act

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