The lVlodel Shops and Establishments (Regulation 0f Employrnent

and Conditions of Service) Bill, 2016

THE -- Q'{atne ofsr4,e, SHOPS AND ESTABLISIIMENTS (R-EGULATION

OF EMPLOYMENT AND CONDITIONS OF SER11CE) BII,L,2016

BiII

to rnitend antl coitsolidate the la$s relrting to regllation of enployment and athei
conCttions of service of workers emploted in shops und establishments ai:d
for rintteN connected therevith or incidentaL thereto.

BE it enacted by the Legislafule of the State of the ---- Qlane of State) in

the Sixty+eventh Year ofthe Republic of India as folior.vs:-

- CHAPTER I
PRELINIINARY

1.(/) This Act may be called the -- (Nane of

State) Shops and shon tirre,

Establishments (Regulation ofEmployment and Conditions ofService) Act, 2016. :i|jf:||l;:l

(2) It shall apply to the shops and establishments employing ten or more
workers,

(3) It shall come into lbrce on such date as the State Govemment may, by
notification in the Official Gazette, appoint.

2, In this Act, unless the context othenvise requirts,- De'initions

kr) "Chief FacilitatoL" means the Chief Facilitator appointed as such

under sub-section (1) of sectionl T;

(b) "day" means a period ofhventy-four hours beginning at mid night;

(c) "employer'" means an ownet ol' a pe$on r'vho has ultimate control
over the affairs ofa shop or an establishment, and includes-
 (l) in the case ola firm or association of individuals, a partner or
member ofthe firm or associationl

(ii) in the case ofa company, a director ofthe companyl

(ill) in the case of a shop or an establ.ishment owned or

controlled by the Central Government or a State Government or local
authority, the person or persons appointed to manage the affairs of
such shop or establishment by the Central Govemment or the State
Government or local authority, as the case may be;

(d) "establishment" means any premises, not being the premises of a

factory or a shop,-
(i)
rvherein any trade, business, manufacture, or any work in
comection with, or incidental or ancillary thereto, or any joumalistic
or printing rvork, or business of banking, insurance, stocks and shares,
brokerage or produce erchange, is can'ied on; or

(il) which is used as theatre, cinema, or for any other public

amusement or entertainrnent,

to whom the provisions ofthe Factories Act, 1948 does not apply;
63 of 1943.

(e1 'notification" means a notification published in the Official

Gazetle;

ff) "prescribed" means prescribed by rules made under this Act;

(g) "shop" means any premises lvhere goods are sold, either by retail
or wholesale of whefe sewices are rendered to cilstomers, and includes an
office, a store-room, go-down, warehouse or workhouse or lvork place for
distribution or packaging or repackaging or finished goods is canied on; but
does not include a shop attached to a factory where persons employed in
63 of 191S. such shop are allorved the benefits provided under the Factories Act, 1948;

(,t) "wages" means all remuneration (whether by way of saiary,

allowances or otherwise) expressed in terms ofmoney or capable of being so
expressed which would, if the terms of employment, express or implied,
were fulfilled, be payable to a person employed in respect ofhis employment
of of work done in such employment, and includes-

(i) any remuneration payable under any award or settlement

between the parties or under any order ofa court or tribunal;

(il) any remuneration to r,vhich the penon employed is entitled in

respect of overtime work or holidays or any leave period;

(ilr) any additional remuneralion payable under the tenns of

employment (rvliether called a bonus ot by any other name);

(rv) any sum which by reason ofthe ternination of employnent of

the person employed is payable under any lar.v, contracl or instrument
r.vhich prnvides for the payment of snch sun, lvhether rvith or r.vithoul
deductions:
 (v) any sr-rm to which the person employed is entitled under any
scheme framed under any law, for the time being in force; and

(vl) house rent allowance,

but does not include-

(l)
any bonus, which does not form part of the remuneration
payable under the terns ofemployment or which is not payable under
any award or settlement between the parties or under any order of a
court;

(B) the value of any accommodation, or of the supply of light,

water, medical attendance or other amenity or of any service excluded
from the computation of wages by a general or special order of the
State Govemment;

(Q any contribution paid by the employer to any pension or

provident fund, and the interest rvhich may have accrued thereon;

(D) any travelling allowance or the value of any travelling

concession;

any sum paid to the employed person to defray special

(.fl
eynen(es pnr.iled ro him bv the nantre ofhis employment; or

(fl any gratuity payable on the termination of employment in

cases other than those specified in sub-clause (lv);

(i) "week" of seven days beginning at midnight on

means a period
Saturday night or such other night as may be approved in rvriting for a
paticular area by the Chief Facilitator;

fi)"lvorker" means any person (except an apprentice under the

i2one6l. Apprentice Act, 1961) employed to do any manual, unskilled, skilled,
technical, operational or clerical work for hire or reward, whether the terms
of employment be express or implied.

3. (.r) The provisions of this Act shall not apply to- lJ#',t;;:lll:1o
1a1 a lvorker occupying position of confidential, managerial or prcmises

supervisory character in a shop or in an establishment;

(b) a worker rvhose work is inherently intermittent;

(c) any office ofthe Govemment or the local authority;

(rf any offrce ofthe Reserve Bank oflndia;

1e; an establishment used for the

treatment or care of the sick, infinn,
destitute ol mentallY unfit; and

(/) a member of the family of an ernployer'

(2) A list of the rvorkers refened to in clause (a) of sub-section (/) shall be
displayedonthelvebsiteo|theshoporestablishmentandinabsenceofthe
r,vetsite at a conspicuous place in the shop oL establis6ment and a copy t6ereof
shall be sent to the FacilitatoL'
 4, Nothing contained in this Act shall adversely affect any right or privilege Cenain righls and
privileges notto bf
to which any worker is entitled, under any law, award, agreement, contract, custom affected.
or usage for the time being in force.

CHAPTER II
REGISTRATION AND ISSUE OF LABOUR IDENTIFICATION NUMBER

5.(l) On thecommencement of this Act, every shop and establishment R€gistralion of

snops ano
employing ten or more workers, shall apply for registration within a period of six establishments and
months from the date of such commencement or the date on which such shop or issue ofLabour
Identification
establishment comes into existence and obtain a Labour Identification Number. Number.

(2) Every shop and establishment, employing ten or more workers, shall
make an application for registration to such authority and in such form and maruner
as may be prescribed.

(3) The authority refened to in sub-section (2) shall, on receipt of an

application under sub-section (2) register the shop or establishment and issue it a
Labour Identification Number in such form as may be prescribed.

(4) Notwithstanding anything in this section, the shops and establishments

14 of 1948. registered under the provisions of the Employees State Insurance Act, 1948 or the
l9 of 1952. Employees Provident Fund (Miscellaneous Provisions) Act, 1952 or any rules,
regulations or scheme made thereunder shall be deemed to be registered for the
purposes of this Act:

Provided that such shops and establishments shall, within a period of six
months from the commencement of this Act, obtain a l,abour Identification
Number in such manner as may be prescribed.

CHAPTER III
DUTIES OF EMPLOYER

6.(1) No woman worker shall be discriminated against in matters of Prohibition of

discriminalioll
recruitment, training, transfers or promotions or wages. against woman

(2) No woman shall be required or allowed to work in a shop or

establishment except between the hours of6 a.m. and 9 p.m.:

Provided that where the State Government or any person, authorised by it in

this behalf, is satisfied that the provision ofshelter, rest room, night crdche, ladies'
toilet, adequate protection of their dignity, honour and safety, protection fiom
sexual harassment, and their transpofiation from the shop or establishment to the
door step of their residence exists in such shop or establishment, it may, by
notification, after obtaining the consent of the woman worker, ailow her to work
between 9 p.m. and 6 a.m. subject to suoh conditions as may be specified in the
notification.
 1, (1) Every empioyer shall take such measures relating to the health and Heurthord snreq of

safety (inciuding cleanliness, lighting, ventilation anci prevention of fire; of the 'uo'k"'

rvorkers as mav be orescribed-

(2) Every employer shall be responsible for providing constant and adequate
supervision of the lvorkers employed in the shop or establishment and to enstre the
compliance with the rules relating to heaith and safety made under sub-section (1)
and for taking steps necessary to prevent accidents.

8.(1) No adult worker shall be required or allolved to lvork in a shop or Fixing ofhouls of
*o{ and spread
establishment for more than forty-eight hours in any week and nine hours in a day
and no rvorker shall be asked to work continuously for more than five hours unless
he has been given a break of not less than halfan hour:

Provided that the working hours or of rveekly rest may be relaxed in case of
lvork ofurgent nature lvith the previous pennission ofthe laciiitator,

(2) The total number of hours of rvork in a shift includLng the rest inten'al
shall not exceed ten and half hours in any shop or establishment and in case a
worker is entrusted lvith intermittent nahre of rvork or urgent work, the spread
over shall not exceed t\,r'elve horus.

(3) Arly lvorking hour beyond nine hours a day or forty-eight hours a rveek
shall be treated as ovedime and the total nr-mber of overtime hours shall not
exceed one hundred and twenq-five hoLrrs in a period ofthree months.

(l The State Govemment shall make ntles to.-

(a) nrbject to sub-section (1), fix the number of hours of rvork *'hich
shall constitLrte a nonnal rvorking day for the rvorkers employed in the shop
or establislment, inclusive of one or more specified intewals;

(6) provide for a day of rest in every period of seven days r,vhich shall
be allorved to all the workers ernployed in the shop or establishment and for
the payment ofremuneration in respect ofsuch days ofrest.

(5) The provisions of sub-sections (1) and (7) shall, in relation to the
follor.ving class of workers employed in such shop or establishment, apply only to
such extent, and subject to such conditions, as may be prescribed, namely:-

(n) lvorkers engaged on urgent work, or in any emergency which

coirld not have been foreseen or prevented;

(6) lvorkers engaged in the nature of preparatory or complementary

rvork rvhich must necessarily be canied on otltside the notrnal hours of rvork
laid down in the mles;

(c) rvorkers engaged in any lvolk which for iechnical reasons ltas to be
completed before the day is ovet;

(@ workers engaged in a rvork rvhich camot be carried on except at

times dependent on the inegular action for natural forces; and

(e) highly skilled rvolkers (such as wolkers rvorking in the

establishrnents of Information'l'echnology, Bio-Technology and Research
and Develonlnetrt Divisiotrs).
 9, Where any lvorker is required to rvork on any day in excess of nine hours lvages forovedrm€

and forty-eight hoLus in a week, he shall be entitled to wages at the rate of twice
his ordinary rate of rvages or such higher amount as may be prescribed.

10. (1) A department or any section of a departmenl of the shop or Shill !r'orkingand
GSt.
establishment may lvork in more than one shift at the discretion of the employer
and if more than one shift is lvorked, the rvorker may be required to rvork in any
shift at the discretion ofthe employer.

1J)A shop or an establishment may rvork on all days in a rveek subject to the
condition that every r.vorker shall be allorved weekly holiday ofat least hventy-four
consecutile hours of rest.

(J) If a rvorker is denied rveekly holiday, the compensatory leave in lieu

thereofshall be given within hvo months of such weekiy holiday,

(J) The period and hours of rvork in a week lor a1l classes ofrvorkers in such
shift shall be informed to all workers in rvriling and shall be sent to the Facilitator
electronically or other*'ise.

(i) Where a rvorker is required to rvork on a day of rest, he shall be entitled

to wages at the rate of tr,vice his ofdinary rate oflvages.

CHAPTER IV
LEA1IE AND HOLIDAYS

11. (1) Everv lr,orker shall be allolved a rveekly holiday with rvages: Anlurl lerve, clsual
nfil si,:k learc and
orlrerholidovs.
Provided that the State Govemrnent may, by nofification, fix difi'erent days
as rveekly holiday for different class ofshops and establishments or areas.

(2) Every rvorker shall be entitled to eight days' casual leave rvith lvages ir
every calendar year rvhich shall be credited into the account of the rvorker on a
quarteriy basis.

(3) Every rvorker rvho has rvorked for a period of trvo hundred and forty days
or more in a shop or establishment during a calendar year shall be allorved during
the pubsequent calendar year, leave lvith rvages for a number of days calculated at
the rate of one day for every t,,venty days of lvork pedotmed by him during the
previous calendar year.

(4) Every rvorker shall be permitted to accumulate eamed leave upto a

maximum of forty-five days.

(5) Where the employer reftlses to sanction the leave due ivhen applied
fifteen days in advance, then the lvorker shall have a right to encash tlte leave in
excess of fody-five days:

Plovided that if a rvorker is entitled to leave under this section, is discharged

by his enployeL before he has been allolved the leave, or if, having applied for and
having been relirsed the leave, he quits his employment on accounl of retirement.
rcsignation.. death or pennanent disability, the ernployer shall pay him full rvages
for the per',od o eave dLle to hiqr.

(fl A woLker shali be entitled

to eight paid lestival holidays in a calendar
year, nanclv, the lndcpendeuce Day, llelrublic Day and Gandhi Jayanti and tive
 such other festival holidays as may be agreed to betrveen the employer and the
workers. before ihe commencement of the year.

(f For the purpose ofsub-section (3f-

(u) any day of lay-off, by agreernent or contract or as pennissible
under the model standing orders or standing order certified under Industrial
20 of re16 Employment (Standing Orden) Act, 1946;

(b) in Lhe case of a female worker. the mrtemity Ieave under the
jjo e6l provisions olthe Matemity Benehts Act, 1961;

(c) the leave eamed in the year prior to that in r.vhich the leave is
avaiied; or

(d) the absence of the ,,vorker due lo temporary disablement caused by

accident arising out of and in the course ofhis employment.

shall be deemed to be days on rvhich the rvorker has rvorked in a shop or

establishment lor the purpose of computation of the period of trvo hundred and
forty days or more, but shal1 noi eam leave for these days.

(B) The leave admissible under sub-section (i) shall be erclusive of all
holidays rvhether occuning during or at either end ofthe period ofleave,

Ci{APTER V
WELFARE PRO'TSIONS

12. Everl employer shall make effective anangements to provide and Drinkins $rrei.

maintain at suitable points conveniently sitLrated for all persons employed in the
shop or establishment, a sufflcient supply ofwholesome drinking rvater.

13. Every employer shall provide sufficient iatiine and urinal for male and Latrines a'd urinals.

fernale as may be prescribed which shall be so conveniently situated as may be

accessible for the rvorkers employed in the shop or establishment:

Provided that several employers may provide common facilities, in case it is

not possible in a shop or establishment due to conslraint in space ot othenvise

14. In every shop or establishment rvherein thirty or more woman workers or criche hcilig.

fifry or more workers ate ordinarily employed, there shall be provided and
maintained a suitable room or Iooms as crdche for the Ltse of chiidren of such
ivoman workers:

Provided that a group of shops or establishments, so decide to pLovide a

if
common crdche within a radius ofone kilometre, then, the same shall be permitted
by the Chief Facilitator, by an order, subject to sLrch conditions as may be specified
in the order.

15. Every employel shall provide at the place of work first-aid facilities as Fid-aid

may be plescribed.

16. l'he State Govemment shall LeqLrire the empioyeL to provide and canreen

maintain in lhe sbop or establishment, lvlterein not less tltalr otte hundred lvorkets
are empbyed or ordinarily ernployed to tnaintain a canteen for the use of its
rvotkers:
 Provided that if a group of shops or establishments, so decide to provide a
common canteen, then the same shali be permitted by the Chief Facilitator by an
order, subject to such conditions as may be specified in the order.

CI{APTER \T
FACILITATORS.f\D THEIR POIVERS AND FUNCTIONS

17.(1) The State Govemment may. by notification, appoint such persons as Aopoinlnentof
ChiefFacililaior and
possess the prescribed qualification to be Facilitator for the puposes 0f this Act Fccililalo|s and tleir
and may assign to rf enr such local limirs as it mry rhn-k fir. polltf5.

Provided that the State Govemment may, by notification, appoint a Chief

Facilitator who shall, in addition t0 the po\,vefs confened on a Chief Facilitator
under this Act, exercise the porvers ofa Facilitator throughout the State.

(2) The State Government may prescribe a scheme for inspection of shops
and establishments rvhich shall provide for generation of a rveb-based inspection
schedule.

(3) Every Facilitator and Chief Facilitator appointed under sub-section (1)
li of I360 shail be deemed to be public senant rvithin the meaning ofsection 21 ofthe Indian
Penal Code and shall be officially sLrbordinate to such authority as the State
Govemment may specifr in this behalfl

(1) Subjecl to such condilions as may be prescribed, a Facilitator may, rvithin

the Local limits ibr: rvhich he is appointed-
(l) advice the employers and rvorkers and provide them such
information as may be considered necessary for complying rvith the
provisions ofthis Act effectively;

(ll) inspecr the shop or establishment in accordance rvith the scheile

for inspection referied ro in sLrb-scction (2). and may-

(rr) examine any person lvho is found in any premises of the

shop or establishment and lvhom, the Facilitator has reasonable cause
to believe, is a ,,vorker of the shop or establishment;

(b) require any person to give any information, which is in his

porver to give rvith respect to the names and addresses of the persons;

(c) search, seize or take copies of such register, record of lvages

or notices or portions lhereof as the Facilitator may consider relevant
in resnect of an offence under this Act and lvhich Lhe Facilitator has
reason to believe has been committed by the employer;

(d) bring to the notice of the State Govemment defects or abuses

not covered by the law fol the titne being in foLce; and

(e) exercise sLrch other porvers as may be prescribed:

Provided that no person shall be cornpelled under this section to answet arry
question or give any evidence tending to incriminate himself.

(5) Any person Lequired to produce any document or to give any infonnation
reqL red by a Faciiitator rurder stib-section (4) shall be deemed to be legally botrnd
1i {rl 1860
to do so lvilhin tlie rneaning of sectiott 175 and section 176 oithc Indian Penal
Code.
: of 197{. (6) The provisions of the Code of Criminal Procedure, 1973 shaii, so far as
ma"v-' be, apply t0 the search or seizure under sub-clause (c) of clause (ll) of sr.rb_

section (l) as they apply to the search or seiare made under the adhoriry of a
tvanant issued under section 94 ofthe said Code.

CI{APTER YII
RECORDS AND RXTURNS

18.(1) Every employer shall maintain such registers and records as may be Ilainta|lance of
prescribed, reglsErcn0 tec0tcs

(2) The records may be maintained electronically or manually:

Provided that at the time of inspection by a Facilitator, a hard copy of sLrch

records ifdemanded, shall be submitted duly signed by the employer.

19. Every employer of a shop or an establishment shall fumish an annual

return, in such form and manner (including electronic form), to such authority as
may be prescribed.

CHAPTER VIII
OFFEIiCES AT\D PENALTIES

20.(1) Whoever contravenes the provisions of this Act or the niies made Penalry ior

thereuntler shall be punishable ivith fine r,vhich may e\tend to hvo lakl nrpees and contnvention of
provisicns ofthis
in the case of ai coniiiruing conhavention, rvith an additional line rvhich may extend
io h\'o thotisand r:upee's foi crery dav duriug rvhich such contravention continues:

Provided tirat the total aixoiint of l.ile shall not exceed trvc thousand rupees
per rvor:ker empioyeri.

1J1 If any person who has been convicted of any offbnce punishable under
(/) is again guilty of an offence involving a contravention or lailure of
sub-section
compliance of the same provision, be shall be punishable on a subsequent
conviction with fine rvhich shall not be less than one lakh mpees but rvhich may
exrend io five lakh rupees.

21. Save as is otherwise expressly provided in this Act, r.vhere an employer Pencny for
conlnven on ofihe
on being held guilty of contravention of any of the provisions of this Act or any pmvisionsofthis
mles made thereunder lvhich has resulted in an accident causing serious bodily Act which rcsulred
in accident
injury or death of a wolker, shall be pLrnishable r,vith impLisonment lvhich may
exlend to six months or with hne which shall not be less than trvo lakh rupees
which may be extended to five lakh mpees or rvith both.

22,(1) trVhoever wilfully obstructs a Facilitator in exercise of any power.s Penoty lbr
obsttucliol1s refirsnl
conferred on hin by or under lhis Act ol refuses or r.vilflllly negiects to alford the r0 pr0vl0eregrsrcr,
Facilitator any reasonable facility for making any inspectiol, examination, inquiry atc.

or investigation authorised by or under this Act in relalion to a shop or an

establishment, shall be punishable with fine which may extend to tr,vo laki rupees.

(2) WhoeveL r.vilfu1ly refuses lo produce on lhe deuiand of a Facilitator any

legister or ollter document kept in pursuance of this Act or the rules rnade
thcrculder or preven'ls or altcmpts to plevent or does anything lfiich he has reason
to believe to pfevent any person lrom appealing beiore, or being exarained by, a
f'acilitalor acting in pLLr,suai:cc o{ his dulies under this Act, shall be pLrnishable
 with fine rvhich may extend to hvo lakh rupees:

Provided that the total amount of fine shall not eKceed fw-o thousand rupees
per worker employed.

23,(1) No Court shall take cognizance of any offence punishable under this Cognizonce of
Act and the rules made thereunder unless a complaint in respect thereof is made by oflences

the Facilitator r,vithin three months ofthe date on which the aJleged commission of
the offence came to the knowledge of the Facilitator and d complaini is filed in that
regard thereby:

Provided that rvhere the offence consists of disobeying a rvritten order made
by a Facilitator, complaint thereof may be made rvithin sir months of the date on
rvhich the offence is alleged to have been committed.

(2) No Cout hferior to that of a Metropoiitan A,,lagistrate or a Judicial

Magistrate of the First Class shall try any offence punishable under this Act or the
rules made thereunder.

24.(1) Notwithstanding anything contained in the Code of Criminal CoirpoLrndingof

I ol l97l Procedure, 1973, any offence punishable under this Act, not being an offence oifincis

punishable r.vith imprisonment only, or rvith imprisonment and also with fine, may,
on an application ofthe accused person, either before or after the institution ofany
prosecution, be compoLnded by a Gazetted officer. as the State Govemnent may,
by notification, specify, for a sum of fifty per cent. ofthe maximum iine provided
for such offence. in the mamer as may be prescribed,

(2) Nothing contained in sub-section (,t) shalJ apply to an offence committed

by a person lbr the second time or thereafter rvithin a period ol tive years from the
date-
(a) of commission ofa siriilar offence rvhich was earlier compounded;

(6) of commission of similar offence fbr ivhich nrch person rvas earlier
convicled.

(J) Every officer refened to in sub+ection (1) shall exercise the porvers to
compound an offence, subject to the direction, control and supewision of the State
Govemment.

(4) Every application for the compounding of an offence shall be made in

such fona and manner as may be prescribed.

(5) Where any offence is compounded before the institution of any

prosecution, no prosecution shall be instituted in lelation to such offence, against
the offender iri relation to rvhom the off'ence is so compounded.

(fl WheLe the composition of any offence is made a{ier the institution ofany
prosecution, such conposition shall be broLrght by tbe otficer refered to in sub-
section(,i)in r,vliting. to fhe notice of the Colrrt in rvhich the prosecution is
pending and on such notice of the cornposrtion of the offence being giveu, the
person against r,,hom tlie off'ence is so compounded shall be discharged,

(7) Any persor rvho tails to compl) rvith an oidei niade by the officcr
relerred to in sub-section (1). shall be liablc to pay a surn cquivaleni to hventy per
to
 cent. ofthe maximurn fine provided for the offence, in addition to such fine.

(8) No offence pmishable under the provisions of this Act shall be

compoLrnded except lmder and in accordance rvith the provisions of this section.

CHAPTER IX
MISCf,LLANEOUS

25. No suit, prosecution or other legai proceeciing shail lie against any public Piotrctionofaclion
seffant or any other person in the service of the Centrai Govenu:rent or the Stale trken in good faith.

Govemment, acting r.rnder direction of any such public servant, for anylhing in
good laith done or intended to be done in pursuance olthe provisions ofthis ACt
or
ofany rule made thereunder.

26. The State Govemment or any officer empor,rered in this behalf may, by Po$rr to qani
notification, exempt fiom the operation of all or any of the provisions of this Act er\ernFtio s.

for any period it is considered, any shop or establish,nent or class thereof or any
employer or worker ol class of employer.s or workers to rvhom this Act applies on
such terms and conditions as it nray think fit.

27. The provisions of this Act shall be in addition to, and not in deroeation Applicrtion of olher
of, the provisions ofany other larv for the time being in iorce. lows not bcned.

28. (1) The State Govemment may, by notification, make rules for carrvrng Polvgt to maka

out lhe provisions ofthis Act, ruhs.

(2) In particr-riar and r.vithout prejudice to the generaiity of the foregoing

pos er, such rules may provide for all or any ofthe follorving matters, namely:-

(c) the authoriq,, to ivhich and the lonn and mamer in r,r,-hich an
appllcation shall be made under sLrb-section (?), the fom of Labour
Identification Number under sr-rb-section (3), and the manner ol obtaining
Labour Identiilcation Number under sub-section (4), ofsection 5;

(6) the measures to be taken by the employer relating to the health and
safety (including cleanliness, lighting, ventilation and prevention of fire) of
the rvorkers under subxection (1) ofsection 7:

(c) rhe matrers ro be provided by mles Lrnder sub-section 1/; of secLion

8;

(@ the condition subject to rvhich the provisions of sLrb-section (1) and

(2) ofsectipn 8 shall apply to certain class of rvorkers under sub-section (j) of
that section;

1e)rate ofhigher amollnt ofrvages under section 9;

(fthe provisions of sufficient latrine and urinals under section 13 and

the provision offirst-aid facility under section 15;

(g) the quaiifications of Facilitators under sub-section (1), conditions

subject t0 lvhich a Facilitator shall exercise his por.vem under subxection (y'),
and other powers exelcisrble by hirn Lrnder sLrb-chuse (e) of clause 1ir) ol.
sub-section (4), ofsection 17;

(/r) the registers and records to be naintained by the employers undcr

td
 sub-section (1) ofsection 1B;

(l) the form and mamer (including electronic form) for flrmishine of
annual retum and the authority to such retums shall be fumished under
section 19;

(/) the mamer of compounding of offences under sub_section (-l), and

form and manner for makiry application for such compounaing una'er'sr',b_
section (4), ofsection 24;

(,t) any other matter which is required to be, or may be, prescribed.

(3) Every rule made by the State Govemment under th.is Act shall be laid,
as
soon as may be after it is made, before each House ofthe state Legislafixe lvhere
it
consists of tlvo Houses or, where such Legislatue consists of one House, before
that House.

.29,(1) If any difficulf arises in giving effect to the provisions of rhis Act, Porver to €movc
the State Govemment may, by order, published in the Offrcial Gazette, make such difflculties.

provisions not inconsistent rvith the provisions of this Act as may appear to be
necessary for removing the difficLrlry:

Provided that no order shall be made under this section after the expiry of
tr,vo yearsfrom the date of the conmencement of this Act.

(?) Every order made under th.is section shall be laid, as soon as may be after
it is made, before each Home of the State Legislature rvhere it consists of hvo
Houses or, where such Legislature consists ofone House, before that House.

staleActNo-of 30.(/) The ---- Shops and Establishments (Regulations of Employment ReFaland saving.
and Conditions ofService) Acr. --- is hereby repealed,

(2) Notwittrstanding the repeal of the Act under sub-section (1), anything
done or any action taken under the said Act shall, in so far as such thing or action
is not inconsistent with the provisions ofthis Act, be deemed to have bein done or
taken under the provisions ofthis.

(3) The mention of particular matters in this section shall not be held to
l0 oflfe7. prejudice or affect the general application of section 6 ofthe General Clauses Act,
I 897 with regard to the effect of repeals

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