Tamil Nadu Shops and Establishments (Amendment) Bill, 2018

Sep 27, 2018 | by Avantis RegTech Legal Research Team

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The State Government of Tamil Nadu, on June 27, 2018 has published Tamil Nadu Shops and Establishments (Amendment) Bill, 2018 to further amend the Tamil Nadu Shops and Establishments Act, 1947 which gives provisions for opening and closing of shops and establishment, health, safety,  holidays and payment of wages  of employees working in shops and establishments.

The Government of India had suggested Model Shops and Establishment (Regulation of Employment and Conditions of Service) Bill, 2016, a suggestive piece of legislation that provides for freedom to operate 365 days in a year; freedom to prescribe opening and closing time of establishment; women can be permitted during night shift if the provision of shelter, rest room, adequate protection of their dignity and transportation etc., exists; no discrimination against women in the matter of recruitment, training, transfer or promotions; online Registration through a simplified procedure; Safety and Welfare measures etc., and has requested the State Government to modify the State Shops and Establishments Act either by adopting the said Model Bill as it is, or by modifying its provisions as per the requirement of the State.

Accordingly, after considering the present scenario and advent to technological development, the Tamil Nadu Government has made certain amendments for introduction of registration and renewal of shops and establishments, prohibition of discrimination against women employee etc.

Some of the major amendments proposed in the Tamil Nadu Shops and Establishments Act, 1947 are as under:

·         In Section 2 which gives the definitions,  of after clause (17), the following clause shall be inserted, namely:—

 “(17-a) “time” means the Indian Standard Time which is five and a half hours ahead of Greenwich  Mean Time.”;

·         For Section 3 a new Section giving provision for registration of shops and establishments employing ten or more workers is substituted.

·         Insertion of new Section 3-A which gives provisions for the intimation to be given by employer of shops and establishments employing less than ten workers about commencement of his business within the time frame provided.

·         In Section 9 which specifies the daily and weekly hours of work in shops, in the proviso to sub-section (1), the expressions “ten and a half hours” and “fifty-seven hours” shall be substituted instead of the expressions “ten hours” and “fifty-four hours”.

·         In Section 14 which specifies daily and weekly hours of work for the employee, in the proviso to sub-section (1), the expressions “ten and a half hours” and “fifty-seven hours” shall be substituted instead of the expressions “ten hours” and “fifty-four hours”.

·         After Section 47 the following section shall be inserted, namely:—

“47-A. Annual Return. — Every employer of an establishment shall furnish an annual return, in such form and manner to such authority as may be prescribed.”

·         In Section 49(2) which gives the penalty for breach of Rules, the expression “which may extend to two thousand rupees” shall be substituted instead of the expression “which may extend to fifty rupees”.

·         After Section 50 the following section shall be inserted, namely:—

 “50-A. Prohibition of discrimination against women employee. — No woman employee shall be discriminated in matters of recruitment, training, transfers, promotions or wages.”

 

[L.A. Bill No. 27 of 2018]

URL: http://www.stationeryprinting.tn.gov.in/extraordinary/2018/227_Ex_IV_1_E.pdf


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