@ Regn. No.

KERBIL/20I 2/45073
ce@g mdaocd dated 5-9-2012 with RNI
Government of Kerala Reg. No. KL/TV(Ny63412015-17
2015

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KERALA GAZETTE
GrO(ruCU)C(05lDo
EXTRAORDINARY

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PUBLISHED BY AUTHORITY
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rololor<n<roo4oo, l8th September 2015
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Thiruvananthapuram, 2nd Kanni ll9l I zrrr
VOI.IV ] 1e37 tsC(Bo 27
No. )
. Friday
27th Bhadra 1937

GOVERNMENT OF KERALA
Labour and Skills (E) Department
NOTIFICATION

G. O. (P) No. 134/2015&BR. Dated, Thiruvananthapuram

S. R.O. No. 610/2015.-In exercise of the powers conferred by

sub-section (1) of section 34 of the Kerala Shops and Commercial
,. Establishments Act, 1960 (Act 34 of 1960), the Government of Kerala
after considering the suggestions received on the draft rules published as
per Notification No. 31240|83/2014/LBR dated 31'st March, 2015 in the
Kerala Gazette Extraordinary No. 783 dated 7th April, 2015 as required
under sub-section ( ) of section 34 of the said Act; hereby make the
following rules further to amond the Kerala Shopi'.and commercial
Establishments Rules, 1961, namely:-
33t3628t2015/S-12.
 Rur.ss
)
f. ihort title and cornmencement.-(l) These rules may be
called the Kerala Shops and Commercial Establishments (Amendment)
Rules, 2015.
(2) They shall come into force at once.
2. Amendment of the Rules.-ln the Kerala Shops and Commercial
Establishments Rules, 1961,- r
(i) in rule 28,- .

(a) in clause (b) of sub-rule (1), for the words "has been paid"
the wods "and excess feb, if any, as prescribed under sub-rule (3) have
been paid" shall be substituted;
' (b) after sub-rule (2), the following sub-rule shall be
inserted, namely:-
"(3) The fees chargeable for the grant or renewal of a
certificate of registration shall be the same:
Provided that if the application for renewal is not received within the
time limit specified in sub-section (6) of section 5,A, of the Act, a fee of
twenty five per cent in excess of the fee ordinarily payable for certificate
of registration shall be payable for such renewal;
(ii) in rule 2D, for sub-rule (2), the following sub-rule shall be
substituted, namely:-
*(2) Whenever
atry change occurs in the particulars relating to
registration under:section 5A, the employer shall submit an application for i
amendment of Regiitration Certificite in Form BIll to the competent
authority having jurisdiction over the area in which the establishment is
situated, witlin one month of such change". 1r

(iO in rule 2G-

(a) in sub-rule (2), for the words "ten rupee$" the words "fifty
rupees" shall be substituted;
 3

(b) in sub-rule (3), for the words "fivl rupees" the words
"fifty rupees" shall be substituted;
(c) for sub-rule (4), the following sub-rule shall be substitute{
namely:* l

"(4) The fees payable for an appeal under section 58 of

the Act shall be ten percentage of the fee applicable under sub-rule (l).".
(d) for the proviso to sub-rule (5), thg following proviso shall be
substituted, namely:-
"Provided that the payment shall be accepted by the competent
authority tkough TR-5 receipt and rernitted to treasury in lump sum on
the next working day itself.".
(rv) after rule 2I, the following rule shall be inserted, namely:-
*2J. of Appointment Letter.-(l) Every employer of a
Issue
medium or big establishment shall issue an appointment letter to the
employees appointed/engaged by him in Form BC on his appointment/
engagement. In case such employee hotds appointment/engagement before
the commencement of the Kerala shops and Commercial Establishmertts
(Amendmant) Ruleq 2015, appointment letter shall be issued within three
months from the date .of commencement of the Kerali Shops rind
Commercial Establishments (Amendment) Rules, 2015, and in any other
case, on the date of appointmenUengagement of the employee.

(2) Every employer of a big establisliment shall issue identity card

to all employees, employed/engaged by him in Form BD.
(3) Every employer shall issue service certificate to all employees,
employed/engaged by him in Form BE, within seven days of receipt of
'application fiom the employee concerned for the issue of such
certificate.".
(v) in rule 4, after sub-rule (4), the following sub-rule shall be
inserted, nemely:*
 4

"( 4,{) Every employer of a small or medium establishment shall

.provide or arrange separate latrines and urinals for the use of rhale and
female employees, Every big establishment shall have at least one latrine
each for every twenty females and every twenty males separately. If the
gmployer provides rest rooms within the establishment latrineslurinals
attached to the rest rooms under sub-rule (8) of rule 5,A' shall be deemed
to be those provided under this ruIe.".
(vi) after rulq 5, the following rule shall be inserted, namely:-
"5A. Rest Rooms.:--(1) Employer of every medium and big
establishment shall provide rest rooms, where the employees can have
their food and take rest, with sufficient space proportionate to the number
of employees employed by him in the establishment:
(2) The rest room, shall be sufficiently lighted and ventilated and
shall be maintained in clean and good condition.
(3) The rest room shall be conveniently located within or adjacent
to the establishment.
, (4) Separate rest rooms and facility to maintain personal hygiene
and for disposal of sanitary napkins shall be provided to the female
employees if the number of female employees exceeds five.
(5) Every rest room shall be adequately furnished with sufficient
number of chairs or benches with back rest for sitting.
(6) Suitable provisions for wholesome drinking water, ventilation,
fresh air, natural and artificial tightings shall be provided in the rest roorn.
(7) Tables with impervious tops shall be provided for use of
employees for having their food.
(8) Every employer shall provide and maintain [atrines and urinals
along with the rest rooms as follows:-
(a) One latrine/urinal each for every 20 employees or part
thereof;
(b) Separate latrine/urinals shall be provided to male and
female employees;
 (c) The urinals/latrines shall be adequately lighted and
maintained in a clean and sanitary condition.

(9) No ernployer shall install any electronic or other equipmorts in

or adjacent to restroom so as to infringe the privacy of employees,,.
(vii) in rule 6, after sub-rule (3), the following sub-rule shall be
'inserted, namely:-

"(4) Mandatory protective measures to be adopted by

employers.-
(a) The employer shall provide to the employees protective
equipments and ' clothings in conformity with the quality as prescribed by
the Bureau of Indian standards where there is likelihood of bodily injury or
exposure to physical or chemical hazards.

(b) In case any accident occurs in any shop or establishment

which causes bodily injury by reason of which the pergon injured is
prevented from working for a period of fony eight hours or mor€, shall
be
reported by the employer to the Inspector within three days of the date of
occurrence of such accident:
Provided that in the case of death or fatal accident, a notice of
accident shall be reported within twenty four hours to the Inspector
concerned.

(c) The employer shall provide suitable goggles for the

protection of eyes of the employees engaged on or in the immediate
vicinity of any process carried out in the shop or establishment which
otherwise will cause thermavchemical injury to the eyes of the employee
so engaged therein.

(d) In every medium estabrishment the employer shall provide

and maintain a frst-aid box with the following contents, iramely:-
 6

SI. No, , SugntitY

(1) (2) (3)

(t) Assorted Adhesive Plasters 35

(ii) Triangular Bandages 3

(ifi) Sterile Eye Pads 4

(rv) Safety Pins 3

(v) Medium Sterile Wound dressings 12

(vi) Large Sterile Wound dressings 6

'(vu) Non-alcgholic Cleaning wiPes 15

(viii) Crepe Roller Bandage 2

(ix) Pair of Disposable Latex Gloves 10

(x) Sterile Eye Wash (500 ml) ,

2

(tu) Pocket'Mask or DisPosable Face I

(xii) Scissors I
1
(xiii) Adhesive Tape
(xiv) Elasticized Roller Bandage 2

(xv) Small Burn Dressing 1

(xvi) Large Burn Dressing I

(xvii) Gauze Pads (Small Pack) 1

(,$iii) Safety Glasses 1

(-i.) Antibiotic ointment-Povidone Iodine 2 Tirbes

(xx) Normal saline 1 Bottle

(xxi) Aspirin and Paracetamol Tablets 10 Each

(uii) Ice Pack I

(r*iii) Tweezers I
(xxiv) First aid leaflet I
 7

(e) The employer of every big establishment shall provide

suffrcient quantlty of the items specified in sub-clause (d) proportionate to
the number of employees employed by him in such establishment.".
(viii) in the Schedule to sub-rule (l) of rule 6A, in column (2)
"Maximum limit in weight", for the figure "75" appearing against tho
words "Adult male'n in column (1) '*Fersons", tho figure "55" shall be
substituted.

(ix) after rirle 6B, the followilg rules shall be inserted, namely:-
*6C. Hostel
. faciliries.-{l) Every employer employrng more than
fifty employees shall provide or alra,nge separate hostel facilities free of
cost,'for men and women employees whose residence is locpted at a
distance of more than 25 kilometers from the establishment.

(2) The employer shall make suitable provisions for wholesome

drinking water, ve,ntilation, fresh air and natural and artificial lightings'
(3) The.rbuilding provided or coRstructed for hostel facilities shal'l
have adequate ventilation, protection against heat, wind, rain and shall
have smooth, hard and impervious floor surface.

( ) In the hostels, each employee shall be provided with beds.

measuring 3 ft.x6 ft. in dimension with comfortable mattress and pillows.
a .,
A rqrinifium space of 3ft. shall be maintained between the beds. Three
tier beds are prohibited.
(5) Every employee shall be provided with safe storage facilities
to keep their personal belongings..
(6) Latrines/Urinals and bath rooms shall be provided and
maintained hygienically in the hostels. A minimum of one latrindurinal for
every ten employees or part thereof shall be provided.
(7) Washing facilities shall be provided and maintained in hostels.

1
 8

6D. Creches.*(l) Every establishment employing twenty or

more women employees in any day of the preceding twelve months shall
provide and maintain creche facilities, free of cost, for the children of
employees under six years of age:
Provided that a group of employers may join together through Trusts
or other institutional device or by mutual agreement to provide group
creche under intimation to the Inspector poncerned within thirty days of
its formation.
(2) The creche shall conveniently be accessible to the employees
whose .children are accommodated therein.
(3) The employer shall engage a woman to be in charge of a
creche wfro has sufficient training and experience in the field of child and
infant c4p as ap,proved by the State Government, for every thirty children
or part thereof.
. (4) Every employer shall provide milk and other refreshment for
the child as specified by the Government from time to time. There shall.
not be less than 15 sq.ft. of floor area for each child to be accommodated'
(5) Construction of the creche should offer adequate protection
against heat, moisture and should have smooth, hard and impervious floor
surface. Adequate number of fans shall be provided in each creche:
(6) There shall be provisions for wholesome drinking water,
velrtilation fresh air and natural and artificial lightings. The entire premise
of the creche including urinals and'latrines shall be maintained in a
hygienic contition.
(7) There shall be a wash room, in or adjoining to the creche,
which shall be properly maintained for the use thereof.
(8) The creche shall be furnished with suitable furniture and a
cradle shall pe provided for each child below the age of two years.
, (9) Sufficient matfiesses, pillows and toys are to be provided in the

creche for the use of the children.".

(10) There shall be one latrine for the use of 15 children in the
creche.
 9

(x) In rule 9, after sub-rule (2) the following sub-rule shall be

inserted, namely:-

(3) Any sum required to be paid by an employer to an employee

under section 15 of the Act shall be recoverable by the Inspector as
arrears of revenue due on land under the Revenue Recovery Act for the
time being in force.".
(xi) in rule 10,---
(a) after sub-rule (4), the following sub-rules shall be inserted,
namely:-
"(4A) Copy of appointment letters issued in Form BC shall
be retained by the employer for a period of tlree years from the date of
issue.

(48) Every employer shall retain a copy of service ..._ ,/.

certificate in Form BE for the whole service of the employet concerned
with him and in case of death while in seivice or retrenehment or
termination of employment, the employer shall retain the copy,of service
certificate for a period of three years from such date;

O) in sub-rule (8) for the words, Ietters, figures and brackets

"except the register in Form BB prescribed under sub-rule (lA) above"
the'words "except the registers, records or Forms specifically mentioned
otherwise in the rule" shall be substituted;

lt (c) after sub-rule (lO) the following sub-rule shall be inserted,

.namely:- r
"(10A) No employer shall makg, cause or allow in any
record, register, notice or Form in written or electronic format prescribed,
an entry which is to his knowledge false in any material particular, or
wilfully omits or causes or allows to be omitted from any such record,
register, notice or Form an entry required to be made therein.";
 t0
(d) in sub-rule (11), for the words "a visit book" the words "an
lnspectinn Book" shall be substituted.
(xii) after rule 12,A', the folleiwing rule shall be inserted,
namely:-
l2B.-* Submission of Annual lYelfue Return.-Every
employer of a medium or big establishment shall suD-mit an Annual
Welfare Return in Forrn I to the Inspector on or before 15th February of

(xiii) in rule 14, foq the word "fifty" the words '"two thousand five
hundred" shall be substituted.
(xiv) in Form Bl, in S1. No.2, in item (iii), for the word
..ernployerl the words "employer owning or having ultimAte conhol over
the affairs of the establishment" shall be substituted.
(xv) in Form B II,-
(i) below the title, registration of the certificate, for the words
"Registration Certificate No" .the words "Registration Certificate No and
Year of Registration" shall be substituted;
(ii) in the entries belbw the body of the Certificate, for the
words 'oName of Employer" the words 'iName of employer owning or
having ultimate contiol over the affairs of the establishment" shall be
substifirted.
(xvi) in Form B III,-
(a) in the title, for the words "NOTICE OF CHANGES" the
word "APPLICATION" shall be substituted;
(b) in Serial No. 2, for the word 'oemployer" the words
,.employer owning or having ultimate control over the affairs of the
establishment" shail be substituted.
(xvii) after Fornl BB the follciwing Forms shall be inserted,
namely:-
 11

Fonr*r BC

[See rule 2J (1)]

LETTER OF A}POINTMENT

No. ..........

t. Registration No. of the establishment

2. Name and address of the establishment

with pincode, telephone/mobile number
and e-mail ID

3. Name of the employer

4. Name and address of the emPloYee

Shri/Smt. .'...aged.........years S/o or D/o or

w/o..........residing at..........is appointed as........(designation/category) in
this establishment with effect from.............(date). He/she is appointed/
engaged with a monthly wages/salary of Rs. ......(Rupees........only) and is
entitled to other allowances and statutory benefits as per the law in force.

' Signature of emploYer

Place:
f)ate: Name and seal of the emPloYer
 t2
Fonu BD
[See rule 2J(2)1
IDENTITY CARD

1. Name and full address of the

establishment with pincode,
telephone/mobile number,
e-mail ID

Registration number of the

establishment

3. Name of the employee and

his full postal address with
pinoode, telephore/mobile number,
e-mail ID

4. Age/date of binh
5. Blood group of the ernployee
6. Designation
7. Date of joining duty
8. Date of issue of the card
9. Signature of the employee

Name, signature and seal of the employer

a
 13

Fonr'a BE

[,See rule 2J (3)]

SERVICE CERTIFICATE

Registration No. Name and address of the establishment

D/o or Wo residing at..........;. .......is working as/has worked

\" as........... .(designation/category) in this establishment
from...................:.(date) to.... .(date). He/she resigned/
retrenched/superannuated on.................from the service of this
establishment. He/she is being paid/was paid salary/wages of Rs..............

Signature of the emplbyer

Place:

Date: Name and seal of the employer

 t4
(xvix) after Form H the following Form shall be inserted,
namely:-
Fonrvr I
t,See rule 12 Bl
WELFARE RETURN
Reportfortheperiodending31stDecember.''.......'..
(To be fumished on or before the 15th February of the succeeding year)

l. Name and address of establishment

2. Registration number and year of registration
)
4. Number of employees
5. Highest nrimber of employees during
the period
1. Male :

2. Fernale :

6. Rest rooms provided, YesA.lo

Facilities provided in the rest rooms

(Describe facilities provided and its numbers as
mandated by rule 5A) r

(a) No. of rest room exclusively for

women erhployees

O) No. of latrines: (c) No. of urinals: (d) No. of chairs: 'l'

7. Hostels provided : YesA.{o

Facilities provided in the hostel

(Describe facilities provided and its numbers as mandated
' by rule 6C)
.ta

(a) No. of latrines: (b) No. of urinals: (c) No. of bqds:

 15

8. Creches/group creches provided : Yes/i.Io

Facilities provided in the creches/group creches
(Describe facilities provided and its numu6rs as mandated by rule 6D)
(a) No. of children: (b) Name of the breche atteirdant:
(c) No. of latrines: (d) No. of urinals:
(e) No. of cradleVmattress etc.:
9. First Aid Box provided : yes/i.{o
lO. Service Certificate
1. Number of certificate issued :

2- Number of employees enrolled

in the Kerali Shops and
Commercial Establishments
Workers Welfare Fund Board :

Place: Signature
Date: N3ne and "seal of the employen
To
The Inspecfor
By order of the Governor,
Tou Jose,
Principal Secretary to Government.
Explanatory Note
. (This
-does not form part of the'notification, but is intended to indicate
its general purport.)
conseq.uent to the amendment made to the Kerala shops and
commercial Establishments Act,.l960 through the reraia str.rir,
commercial Establishments (Amendmenl) Ait, zoru (A;i,;f '2bit, "ra
Government have decided to amend the Kerala shops ioa co**ercial
Rules, 1961 so-as to p-rovide p.o"irio"i-ror-tt" p.rrpos" or
IYP]i:h"r"nts
reguqtmg the appoinfrnent conditions, betterment of workins conditi6ns and
to enhance the penalties and also to make it in consoiance with the
rccommendations of the Intemational Labour Organisation,
The notification is intended to achieve the above object.
PRINTED AND PUBLTSHED BY THE SUPERNTENDENT OF GOVEINMENT
PRESSES
AT THE GOVERNMENT CENTR.AL PRESS, THIT.UVANAMTIAPT'RAM, 2015.