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Gujarat Govt introduces New Shops and Establishments Act 2019

The Government of Gujarat (Ministry of Labour & Employment) has enacted the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019 repealing the Gujarat Shops and Establishments Act, 1948. The New Act of 2019 is effective from 07-03-2019.The provisions of the 2019 Act include: Legal Provision Call out Synopsis Section 1(3) Applicability The majority of the provisions of the Act apply to shops and establishments employing 10 or more workers. Section 2( c ) Definition of establishment Commercial establishment has been redefined as ‘Establishment’ to include residential hotels, restaurants, eating houses, theatres and other places of public amusement of entertainment within its scope. Section 2 (s) Definition of employee The term/definition of employees has been replaced by ‘Workers’ doing any work whether manual, skilled, unskilled, technical, operational or clerical against a certain compensation but does not include an apprentice under the Apprentices Act, 1961. Section 2(q) Definition of wages Wages shall include the house rent allowances as well along with the other components as stipulated under Payment of Wages Act, 1936. Section 6(1) Application for Registration Certificate Application for Registration Certificate shall be filed by the employer within 60 days from the date of starting the business or from the date of the enactment (i.e. 07-03-2019). However, those having a valid certificate under the 1948 Act, shall continue with the same till its expiry. Section 6(3) Exemption from the periodic renewal of the Registration Certificate Exemption from periodic renewal of the Registration Certificate except when there is a change in the ownership or the nature of the business. Section 9 Notice of change in the application for the Registration Certificate Any change in the Registration Certificate needs to be intimated to the Inspector within the time specified by the Government. Proviso to Section 13(2) Working hours of women Women can work between 6 am and 9 pm provided the provisions to ensure the safety and dignity of the women are provided including the facility for transportation. Section 26 Employer can maintain the registers and the records in electronic format The employer has the option of maintaining his official documents (records and registers) either manually or electronically but the same has to be maintained at the premises of the shop or the establishment. Section 28 – 32 Penalty Penalty upto Rs. 50,000 for contravening any provision of the Act and if the contravention leads to any accident, with imprisonment of six months.

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