Bombay Shops and Establishments Act, 1948

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BOMBAYSHOPSANDESTABLISHMENTSACT,1948
Preamble1THEBOMBAYSHOPSANDESTABLISHMENTSACT,1948
TheBombayShopsandEstablishmentsAct,19481
[BombayAct,No.LXXIXof1948]2
[11thJanuary,1948]
Preamble
An Act to consolidate and amend the law relating to the regulation of conditions of work
and employment in shops, commercial establishments, residential hotels, restaurants,
eating houses, theatres, other places of public amusement or entertainment and other
establishments.
WHEREAS it is expedient to consolidate and amend the law relating to the regulation of
conditions of work and employment in shops, commercial establishments, residential
hotels, restaurants, eating houses, theatres, other places of public amusement or
entertainment and other establishments and for certain other purposes hereinafter
specifiedItisherebyenactedasfollows:
______________________
1.ThisActwasextendedtotherestoftheStateofMaharashtrabyMah.26of1961,s.2.
2.ForStatementofObjectsandReasons,seeBombayGovernmentGazette,1948,PartV,
page499.
Section1Shorttitle,extentandoperation
(1)ThisActmaybecalledtheBombayShopsandEstablishmentsAct,1948.
1[(2)ItextendtothewholeoftheStateofMaharashtra.]
(3)ItshallinthefirstinstancecomeintoforceinthelocalareasspecifiedinscheduleI:
2 [Provided that, on the commencement of the Bombay Shops and Establishments
(Extension and Amendment) Act, 1960,(Mah. XXVI of 1961), all the provisions of this
ActshallalsocomeintoforceineachoftheareasinwhichtheCentralProvincesand
Berar Shops and Establishments Act, 1947,(C.P. And Berar Act, XXII of 1947), or the
Hyderabad Shops and Establishments Act, 1951,(Hyd. X of 1951), was in force
immediatelybeforesuchcommencement.]
(4)The3 [State] Government shall by notification published in the Official Gazettedirect
thatalloranyoftheprovisionsofthisActshallcomeintoforceinsuchotherlocalareas
having population of twentyfive thousand and more as may be specified in the
notification.
http://www.manupatrafast.in/ba/fulldisp.aspx?iactid=638#
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(5)The3[State] Government may also by a like notification direct that all or any of the
provisionsofthisActshallcomeintoforceinsuchlocalareashavingpopulationlessthan
twentyfivethousandasmaybespecifiedinthenotification.
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1.Subsec.(2)wasSubstitutedbyMah.26of1961,s.3(a).
2.ThisprovisowasInserted,Mah.26of1961s.3(b).
3.ThiswordwasSubstitutedfortheword"Provincial"bytheAdaptationofLawsOrder,1950.
Section2Definitions
InthisAct,unlessthereisanythingrepugnantinthesubjectorcontext,
(1) "Apprentice" means a person who is employed, whether on payment of wages or
not, for the purpose of being trained in any trade, craft or employment in any
establishment
1 [(2) "Child" means a person who has not completed his fifteenth year of age but
doesnotincludeapersonwhohas,beforethedateofcommencementoftheBombay
ShopsandEstablishments(Amendment)Act,1977(Mah.LXIVof1977),completedhis
twelfthyearofageeventhoughhehasnotcompletedhisfifteenthyearofage,ifhe
isonthedayimmediatelyprecedingthesaiddateanemployeeinanyestablishment
towhichthisActapplies]
2[(3)"Closed"meansnotopenfortheserviceofanycustomer,orforanybusiness,
of the establishment, or for work, by or with the help of any employee, of or
connectedwiththeestablishment]
(4) "Commercial establishment" means an establishment which carries on, any

business,tradeorprofessionoranyworkinconnectionwith,orincidentalorancillary
to, any business, trade or profession3 [and includes an establishment of any legal
practitioner, medical practitioner, architect, engineer, accountant, tax consultant or
any other technical or professional consultant and also includes] a society registered
under the Societies Registration Act, 1860(XXI of 1860), and a charitable or other
trust, whether registered or not, which carries on4[whether for purposes of gain or
not,] 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,
eatinghouse,theatreorotherplaceofpublicamusementorentertainment
(5)"Day"meanstheperiodoftwentyfourhoursbeginningatmidnight:
Provided that, in the case of an employee whose hours of work extend beyond
midnight, day means the period of twentyfour hours beginning when such
employmentcommencesirrespectiveofmidnight
5[(6)"Employee"meansapersonwhollyorprincipallyemployed,whetherdirectlyor
throughanyagency,andwhetherforwagesorotherconsideration,inorinconnection
withanyestablishmentandincludesanapprentice,butdoesnotincludeamemberof
theemployer'sfamily]
(7) "Employer" means a person owning or having ultimate control over the affairs of
anestablishment
(8) "Establishment" means a shop, commercial establishment, residential hotel,
restaurant, eating house, theatre, or other place of public amusement or
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entertainmenttowhichthisActappliesandincludessuchotherestablishmentasthe6
[State] Government may, by notification in the Official Gazette, declare to be an
establishmentforthepurposesofthisAct
(9) "Factory" means any premises which is a factory within the meaning of7 [clause
(m)ofsection2oftheFactoriesAct,1948,(LXIIIof1948)orwhichisdeemedtobea
factoryundersection85ofthesaidAct]
(10)"Goods"includesallmaterials,commoditiesandarticles
(11) "Holiday" means a day on which an establishment shall remain closed or on
whichanemployeeshallbegivenaholidayundertheprovisionsofthisAct
(12)"Inspector"meansanInspectorappointedundersection48
(13)"Leave"meansleaveprovidedforinChapterVIIofthisAct
(14)"Localarea"meansanyareaorcombinationofareastowhichthisActapplies
8 [(15) "Local authority" means a body specified in Schedule IA and includes any
other body which the State Government may, by notification in theOfficial Gazette,
declaretobealocalauthorityforthepurposesofthisAct]
(16)"Manager"meansapersondeclaredtobeamanagerundersection7
(17)"Memberofthefamilyofanemployer"meansthehusband,wife,son,daughter,
father, mother, brother or sister of an employer who lives with and is dependent on
suchemployer
9 [(18)"Opened"meansopenedfortheserviceofanycustomer,orforanybusiness
of the establishment, or for work, by or with the help of any employee of or
connectedwiththeestablishment]
(19)"Periodofwork"meansthetimeduringwhichanemployeeisatthedisposalof
theemployer
(20)"Prescribed"meansprescribedbyrulesmadeunderthisAct
(21) "Prescribed authority" means the authority prescribed under the rules made
underthisAct
(22) "Register of establishment" means a register maintained for the registration of
establishmentsunderthisAct
(23) "Registration certificate" means a certificate showing the registration of an
establishment
(24) "Residential hotel" means any premises used for the reception of guests and
travellersdesirousofdwellingorsleepingthereinandincludes10[residentialclub]
(25) "Restaurant or eating house" means any premises in which is carried on wholly
or principally the business of the supply of meal or refreshments to the public or a
classofthepublicforconsumptiononthepremises
(26)"Schedule"meansaScheduleappendedtothisAct
(27) "Shop" means 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
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otherwise,11 [mainly used] in connection with such trade or business but does not
include a factory, a commercial establishment, residential hotel, restaurant, eating
house,theatreorotherplaceofpublicamusementorentertainment
(28)"Spreadover"meanstheperiodbetweenthecommencementandthetermination
oftheworkofanemployeeonanyday
(29) "Theatre" includes any premises intended principally or wholly for the exhibition
of pictures or other optical effects by means of a cinematograph or other suitable
apparatus or for dramatic performances or for any other public amusement or
entertainment
(30) "Wages" means wages as defined in the Payment of Wages Act, 1936 (IV of
1936)
(31)"Week"meanstheperiodofsevendaysbeginningatmidnightofSaturday
12[(32)"Year"meansayearcommencingonthefirstdayofJanuary]
(33) "Young person" means a person who is not a child and has not completed his
seventeenthyear.
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1.SubstitutedbyMah.64of1977,s.2(a).
2.SubstitutedbyMah.26of1961,s.4(a).
3.Substitutedforthewords"andincludes"byMah.64of1977,s.2(b).
4.InsertedbyBom.28of1952,s.2(i).
5.SubstitutedbyMah.26of1961,s.4(b).
7.SubstitutedbyBom.17of1949,s.2.
8.SubstitutedbyMah.26of1961,s.4(c).
9.SubstitutedbyMah.26of1961,s.4(d).
10.Substitutedfortheword"club"byBom.9of1951,s.3,SecondSchedule.
11.Substitutedfortheword"used"byBom.28of1952,s.2(3).
12.SubstitutedbyMah.26of1961,s.4(e).
Section3Referencetotimeofday
ReferencestothetimeofdayinthisActarereferencestoIndianstandardtimewhichis
fiveandahalfhoursaheadofGreenwichmeantime.
Section4Exemption
NotwithstandinganythingcontainedinthisAct,theprovisionsofthisActmentionedinthe
third column of Schedule II shall not apply to the establishments, employees and other
personsmentionedagainsttheminthesecondcolumnofthesaidSchedule:
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Provided that the1[State] Government may, by notification published in the Official

Gazette,addto,omitoralteranyoftheentriesofthesaidSchedule2[subject to such
conditions, if any, as may be specified in such notification] and on the publication of
suchnotification,theentriesineithercolumnofthesaidScheduleshallbedeemedto
beamendedaccordingly.
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1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order,
1950.
2.InsertedbyBom.28of1952,s.3.
Section5ApplicationofActtootherestablishmentsandpersons
(1) Notwithstanding anything contained in this Act, the1[State] Government may, by
notificationintheOfficialGazette,declareanyestablishmentorclassofestablishmentsto
which, or any person or class of persons to whom, this Act or any of the provisions
thereof does not for the time being apply, to be an establishment or class of
establishments or a person or class of persons to which or whom this Act or any
provisions thereof with such modifications or adaptations as may in the opinion of
the1[State] Government be necessary shall apply from such date as may be specified in
thenotification.
(2) On such declaration under subsection (1), any such establishment or class of
establishmentsorsuchpersonorclassofpersonsshallbedeemedtobeanestablishment
or class of establishments to which, or to be an employee or class of employees to
whom,thisAct,appliesandalloranyoftheprovisionsofthisActwithsuchadaptationor
modificationasmaybespecifiedinsuchdeclaration,shallapplytosuchestablishmentor
classofestablishmentsortosuchemployeeorclassofemployees.
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1950.
Section6SuspensionofalloranyoftheProvisionsofthisAct
The1[State] Government may, by notification in the Official Gazette, suspend the
operation of all or any of the provisions of this Act for such period and subject to such
conditionsasitdeemsfitonaccountofanyholidaysoroccasions.
_______________________
1950.
Section7Registrationofestablishments
(1) Within the period specified in subsection (4), the employer of every, establishment
shallsendtotheInspectorofthelocalareaconcernedastatement,inaprescribedform,
togetherwithsuchfeesasmaybeprescribed,containing
(a)thenameoftheemployerandthemanager,ifany
(b)thepostaladdressoftheestablishment
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(c)thename,ifany,oftheestablishment
(d) the category, of the establishment, i.e., whether it is shop, commercial
establishment, residential hotel, restaurant, eating house, theatre or other place of
publicamusementorentertainmentand
(e)suchotherparticularsasmaybeprescribed.
(2)Onreceiptofthestatementandthefees,theInspectorshall,onbeingsatisfiedabout
the correctness of the statement, register the establishment in the register of
establishments in such manner as may be prescribed and shall issue, in a prescribed
form, a registration certificate to the employer. The registration certificate shall be
prominentlydisplayedattheestablishment.
1[(2A)Aregistrationcertificategrantedundersubsection(2),shallbevaliduptotheend
of the year for which it is granted. An application for the renewal of a registration
certificate shall be submitted not less than fifteen days before the date of expiry of the
registrationcertificateoroftherenewedregistrationcertificate,asthecasemaybe,and
shall be accompanied by such fees, and the renewed registration certificate shall be in
suchform,asmaybeprescribed.
2[(2AA) If the application for the renewal of a registration certificate is submitted after
theexpiryoftheperiodspecifiedinsubsection(2A)butwithinthirtydaysafterthedate
of expiry of the registration certificate or of the renewed registration certificate, as the
casemaybe,suchapplicationshallbeaccompaniedbyanadditionalfeeaslatefeeequal
tohalfthefeepayablefortherenewalofaregistrationcertificate.]
3[(2B) Notwithstanding anything contained in the preceding subsections of this section,
any registration certificate granted under subsection (2) or renewed under subsection
(2A) may, at the option of the employer, be granted or renewed for a period of three
yearsatatime,onpaymentofthefeesforthatperiod,soastobevaliduptotheendof
thethirdyearfromandincludingtheyearinwhichitisgrantedorrenewed,asthecase
maybe.]]
(3) In the event of any doubt or difference of opinion between an employer and the
Inspectorastothecategorytowhichanestablishmentshouldbelong,theInspectorshall
refer the matter to the prescribed authority which shall, after such inquiry as it thinks
proper, decide the category of such establishment and its decisions shall be final for the
purposesofthisAct.
(4) Within thirty days from the date mentioned in column (2) below in respect of an
establishmentmentionedincolumn(1),thestatementtogetherwithfeesshallbesentto
theInspectorundersubsection(1):
(1)
(2)
Establishments
Datefromwhichtheperiodof30
daystocommence
(i) Establishments existing in local The date on which this Act comes
areas mentioned in Schedule I on the intoforce.
date on which this Act comes into
force.
(ii) Establishments existing in local Thedateonwhichthissectioncomes
areasonthedateonwhichthissection intoforceinthelocalareas.
comesintoforce.
(iii) New establishments in local areas The date on which the establishment
mentionedinScheduleIandotherlocal commencesitswork.
areas in which this section has come
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intoforce.
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1.Subsection(2A)and(2B)wereinsertedbyMah.26of1961,s.5.
2.InsertedbyMah.35of1986,s.2
3.SubstitutedbyMah64of1977,s.3.
Section8ChangetobecommunicatedtoInspector
It shall be the duty of an employer to notify to the Inspector, in a prescribed form,1[any
change in any of the particulars contained in the statement submitted under section 7
within such period, after the change has taken place, as the State Government may
prescribeinrespectofanyestablishmentorclassofestablishments].TheInspectorshall,
on receiving such notice and the prescribed fees and on being satisfied about its
correctness, make the change in the register of establishments in accordance with such
noticeandshallamendtheregistrationcertificateorissueafreshregistrationcertificate,
ifnecessary.
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1. Substituted for the portion beginning with the words "any change" and ending with
words"takenplace"byBom.28of1952,s.4.
Section9ClosingofestablishmenttobecommunicatedtoInspector
The employer shall, within ten days on his closing the establishment, notify to the
Inspector in writing accordingly. The Inspector shall, on receiving the information and
being satisfied about its correctness, remove such establishment from the register of
establishmentsandcanceltheregistrationcertificate:
1[Provided that if the Inspector does not receive the information but he is otherwise
satisfied that the establishment has been closed, he may remove such establishment
fromsuchregisterandcancelsuchcertificate.]
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1.AddedbyBom.28of1952,s.5.
Section10Openinghoursofshops
(1)Noshop
(a) dealing wholly in milk, vegetables, fruits, fish, meat, bread or any other goods
notifiedbythe1[State]Governmentshallonanydaybeopenedearlierthan5a.m.
(b)2[******]otherthanthosespecifiedinclause(a)ofthissubsection,shallonany
daybeopenedearlierthan7a.m.
(2) Subject to the provisions of subsection (1) the1[State] Government may fix later
openinghoursfordifferentclassesofshopsorfordifferentareasorfordifferentperiods
oftheyear.
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1950.
2.Thewords"dealingingoods"deletedbyBom.52of1949,s.2,FirstSchedule.
Section11Closinghoursofshops
(1) Notwithstanding anything contained in any other enactment for the time being in
force,noshop
(a)1[***]otherthanthosespecifiedinclause(b)ofthissubsectionshallonanyday
beclosedlaterthan8.30p.m.
(b)2[dealingmainlyin]pan,bidi,cigarettes,matchesandotherancillaryarticlesshall
onanydaybeclosedlaterthan11p.m.:
Providedthatanycustomerwhowasbeingservedorwaswaitingtobeservedat
suchclosinghourinanyshopmaybeservedinsuchshopduringthequarterofan
hourimmediatelyfollowingsuchhour.
(2) Subject to the provisions of subsection (1), the3[State] Government may fix earlier
closing hours for different classes of shops or for different areas or for different periods
oftheyear.
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1.Thewords"dealingingoods"deletedbyBom.52of1949,s.2,FirstSchedule.
2.Substitutedforthewords"dealingin"byMah.26of1961,s.6.
1950.
Section12Hawkingprohibitedbeforeopeningandafterclosinghoursofshops
(1) No person shall carry on in or adjacent to a street or a public place the sale of any
goods before the opening and after the closing hours fixed under sections 10 and 11 for
theshopsdealinginthesameclassofgoodsinthelocalityinwhichsuchstreetorpublic
placeissituate:
1[Providedthatnothinginthissubsectionshallapplytothesaleofnewspapers.]
(2) Any person contravening the provisions of subsection (1) shall be liable to have his
goodsseizedbyanInspector.
2[(3)Thegoodsseizedundersubsection(2)shallbereturnedtothepersonfromwhom
they were seized on his depositing rupees twentyfive as security for his appearance in
theCourt.
(4) If the person fails to make the deposit, the goods seized shall be produced without
delaybeforeaMagistratewhomaygivesuchdirectionsastotheirtemporarycustodyas
hethinksfit.
(5) Where no prosecution is instituted for contravention of the provisions of subsection
(1)withinsuchperiodastheMagistratemayfixinthisbehalf,theMagistrateshalldirect
theirreturntothepersonfromwhomtheywereseized.
(6) Subject to the provisions of the preceding subsection, the provisions of the Code of
CriminalProcedure,31898(Vof1898),shallsofarastheymaybeapplicable,applytothe
disposalofthegoodsseizedunderthissection.]
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_____________________
1.AddedbyMah.26of1961,s.7.
2.Subsections(3)to(6)wereSubstitutedfortheprovisobyBom.28of1952,s.6.
3.SeenowCodeofCriminalProcedure,1973(2of1974).
Section13Openingandclosinghoursofcommercialestablishments
(1) No commercial establishment shall on any day be opened earlier than 8.30 a.m. and
closed 2[laterthan9.30p.m.]
(2) Subject to the provisions of subsection (1), the 1[State] Government may fix later
openingorearlierclosinghoursfordifferentclassesofcommercialestablishmentsorfor
differentareasorfordifferentperiodsoftheyear.
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2.SubstitutedbytheMah.34of2005forthewordsandfigure"laterthan8.30p.m."
Section14Dailyandweeklyhoursofworkinshopsandcommercialestablishment
(1)1[Subjecttotheotherprovisions]ofthisAct,noemployeeshallberequiredorallowed
to work in any shop or commercial establishment for more than nine hours in any day
andfortyeighthoursinanyweek.
(2) Any employee may be
required or allowed to work in a shop or commercial

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(2) Any employee may be required or allowed to work in a shop or commercial

establishment for any period in excess of the limit fixed under subsection (1), if such
perioddoesnotexceed2[sixhours]inanyweek.
(3) On not more than six days in a year which the3[State] Government may fix by rules
madeinthisbehalf,forpurposesofmakingofaccounts,stocktakingsettlementsorother
prescribed occasions, any employee may be required or allowed to work in a shop or
commercial establishment in excess of the period fixed under subsection (1), if such
excessperioddoesnotexceedtwentyfourhours.
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1. This words were Substituted for the words "subject to the provisions" by Mah.64 of
1977,s.4(a).
2.Substitutedforthewords"threehours"byMah.64of1977,s.4(b).
1950.
Section15Intervalforrest
1[15.Intervalforrest
Theperiodofworkofanemployeeinashoporcommercialestablishmenteachdayshall
be so fixed that no period for continuous work shall exceed five hours and that no
employee shall be required or allowed to work for more than five hours before he has
hadanintervalforrestofatleastonehour]:
2 [Providedthat,
(a) in the case of employees in a commercial establishment engaged in any
manufacturingprocess,theintervalforrestshallbeatleasthalfanhourand
(b) in the case of any other employees that State Government may, on an
application made in that behalf3 [by the union recognised under any law for the
timebeinginforcewherethereissuchunion,orwherethereisnosuchunionby
majorityoftheemployeesconcerned,]permitthereductionoftheintervalforrest
ofhalfanhour.]
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3.ThesewordswereSubstitutedforthewords"bytheemployeesconcerned,"byMah.64of
1964,s.5.
Section16Spreadoverinshops
Thespreadoverofanemployeeinashopshallnotexceedelevenhoursinanyday:
Providedthatincaseswhereanyshopisonanydayentirelyclosedforacontinuous
periodofnotlessthanthreehours,thespreadovershallnotexceedtwelvehoursin
thatday:
Provided also that where an employee works on any day in accordance with the
provisionsofsubsection(2)ofsection14,thespreadovershallnotexceedfourteen
hours in any such day and where he works on any day in accordance with the
provisions of subsection (3) of the said section, the spreadover shall not exceed
sixteenhoursinanysuchday.
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Section17Spreadoverincommercialestablishments
The spreadover of an employee in a commercial establishment shall not exceed eleven
hoursinanyday:
Providedthatthe1[State]Governmentmayincreasethespreadoverperiodsubjectto
such conditions as it may impose either generally or in the case of a particular
commercialestablishmentoraclassorclassesofcommercialestablishments.
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1950.
Section18Holidaysinaweekinshopsandcommercialestablishments
1[(1) Every Shop and commercial establishment shall remain closed on one day of the
week.2[Except where the day is fixed under the provisions of subsection (1B), the
employer shall prepare] a calendar or list of such closed days at the beginning of the
year, notify such calendar or list to the Inspector and specify it in a notice prominently
displayedinaconspicuousplaceintheshoporcommercialestablishment:
3[Provided that, if no change is made in the calendar or list of closed days for any
year,itshallnotbenecessarytonotifyagainsuchcalendarorlistasaforesaid:
Provided further that, where any shop or commercial establishment comes after the
beginning of any year within the purview of this Act for the first time, the employer
shallalsoprepareacalendarorlistofsuchcloseddaysfortheremainingpartofthe
year, and notify it to the Inspector within a month of the date on which the shop or
establishmentsocomeswithinthepurviewofthisAct]
(1A)Notwithstandinganythingcontainedinsubsection(1),4[but except where the day is
fixed under subsection (1B)], a shop or commercial establishment may remain open on
anydaynotifiedascloseddayundersubsection(1),if
(a)itremainsclosedonanyotherdayoftheweekand
(b) the employer has notified to the Inspector, his intention to close the shop or the
commercial establishment, as the case may be, on the day substitute under clause
(a), at least seven days before the substituted day or the day notified as closed day
undersubsection(1),whicheverisearlier.]
5[(1B)
A local authority in respect of any area within its jurisdiction and the State
Government in any local area elsewhere, may, by order published in the prescribed
manner, after consultation with representative associations or otherwise as appear to
suchauthorityortheStateGovernmenttobemostappropriateforascertainingtheviews
of the employers and employees affected by the order, fix the day on which a shop or
commercial establishment is to be closed, and any such order may either fix the same
dayforallshopsorestablishmentstherein,ormayfix
(a)differentdaysfordifferentclassesofshopsorestablishments,or
(b)differentdaysfordifferentpartsoftheareaorlocalarea,or
(c)differentdaysfordifferentperiodsoftheyear,
and thereupon, every shop or commercial establishment shall, on such day so fixed,
remain closed but nothing in this subsection shall apply to a shop or commercial
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establishment,theemployerofwhichhasnotifiedtotheInspectoratthebeginningofthe
year his intention to close the shop or commercial establishment on a public holiday
withinthemeaningoftheNegotiableInstrumentsAct1881,(XXVIof1881).]
(2)Itshallnotbelawfulforanemployertocallanemployeeat,orforanemployeetogo
to his shop or commercial establishment or any other place for any work in connection
with the business of his shop or commercial establishment on a day on which such shop
orcommercialestablishmentremainsclosed.
(3)Nodeductionshallbemadefromthewagesofanyemployeeinashoporcommercial
establishment on account of any day on which it has remained closed under this section.
Ifanyemployeeisemployedonadailywage,heshallnonethelessbepaidhisdailywage
for the day on which such shop or commercial establishment remains closed.6[If any
employee is paid a piece rated wage, he shall nonetheless be paid his wage for the day
on which the shop or commercial establishment remains closed, at a rate equivalent to
the daily average of his wages for the days on which he has actually worked during the
sixdaysprecedingsuchclosedday,exclusiveofanyearninginrespectofovertime:]
7[Provided
that nothing in this subsections shall apply to any person whose total
periodofcontinuousemploymentislessthansixdays.].
_______________________
1.SubstitutedbyBom.28of1952,s.8(1).
2.ThesewordswereSubstitutedforthewords"Theemployershallprepare"byMah.26
of1961,s.9(a).
3.TheseprovisowereAdded.,Mah.26of1961,s.9(a).
4.TheseportionswasinsertedbyMah.26of1961,s.9(b).
5.InsertedbyMah.26of1961,s.9(c).
6.AddedbyBom.28of1952,s.8(2).
7.AddedbyBom.28of1952,s.8(3).
Section19Openingandclosinghoursofrestaurantsandeatinghouses
(1) Notwithstanding anything contained in any other enactment for the time being in
force, no restaurant or eating house shall on any day be opened earlier than 5 a.m.
and1[closedlaterthantwelvemidnight]forservice:
Provided that an employee in such restaurant or eating house may be required to
commence work not earlier than 4.30 a.m. and shall not be required2[to work later
than00.30a.m.]:
Providedalsothatanycustomerwhowasbeingservedorwaitingtobeservedatthe
closing hour of such restaurant or eating house may be served in such restaurant or
eatinghouseduringthequarterofanhourimmediatelyfollowingsuchhour.
(2) Subject to the provisions of subsection (1), the3[State] Government may fix later
openingorearlierclosinghoursfordifferentrestaurantsoreatinghousesorfordifferent
areasorfordifferentperiodsoftheyear.
(3) Notwithstanding anything contained in this section, or any other enactment for the
time being in force, or not more than ten days in a year on festive or special occasions,
the3[State]Governmentmay,bynotificationintheOfficialGazette,fixsuchopeningand
closinghoursfordifferentrestaurantsoreatinghousesorfordifferentareas,asitthinks
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proper.
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1.Substitutedforthewords,figuresandletters"closedlaterthan11.00p.m."byMah.64
of1977,s.6(a).
2.Substitutedforthewords,figuresandletters"toworklaterthan11.30p.m."byMah.
64of1977,s.6(b).
1950.
Section20Restaurantsandeatinghousesnottosellgoodsofthekindsoldinshops
beforetheopeningandaftertheclosinghoursofshops
Before and after the hours fixed for the opening and closing of shops under sections 10
and11,nogoodsofthekindsoldinsuchshopsshallbesoldinanyrestaurantoreating
houseexceptforconsumptiononpremises.
Section21Dailyandweeklyhoursofworkinresidentialhotels,restaurantsandeating
houses
21.1[Dailyandweeklyhours]ofworkinresidentialhotels,restaurantsandeatinghouses
(1)2[SubjecttotheotherprovisionsofthisAct],noemployeeshallberequiredorallowed
to work in any residential hotel, restaurant or eating house for more than nine hours in
anyday3[,andfortyeighthoursinanyweek].
(2)Onthedayswhichmaybenotifiedundersubsection(3)ofsection19anyemployee
may be required or allowed to work in a residential hotel, restaurant or eating house in
excess of the period fixed under subsection (1), if such excess period does not exceed
threehoursinanyday.
______________________
1.Substitutedforthewords"Dailyhours"byMah.64of1977,s.7(b).
2.Substitutedfortheportionbeginningwiththeword"Except"andendingwithwordsand
figures"ofs.19"byMah.64of1977,s.7(a)(i).
3.InsertedbyMah.64of1977,s.7(a)(ii).
Theperiodofworkofanemployeeinaresidentialhotel,restaurantoreatinghouseeach
day shall be so fixed that no period of continuous work shall exceed five hours and that
noemployeeshallberequiredorallowedtoworkformorethanfivehoursbeforehehas
hadanintervalforrestofatleastonehour:]
2[Providedthat,theStateGovernmentmay,onanapplicationmadeinthatbehalf 3[by
the union recognised under any law for the time being in force where there is such
union or where there is no such union by a majority of the employees concerned,]
permitthereductionoftheintervalforresttohalfanhour.].
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__________________________
3.Substitutedforthewords"bytheemployeesconcerned"byMah.64of1977,s.8.
Section23Spreadover
The spreadover of an employee in a residential hotel, restaurant or eating house shall
notexceed1[twelvehours]:
such conditions as it may impose on the days that may be notified under subsection
(3)ofsection19.
____________________________
1.Substitutedforthewords"fourteenhours"byMah.64of1977,s,9.
2. This word was Substituted for the word "Provinicial" by the Adaptation of Law Order,
1950.
Section24Holidaysinaweek
(1) Every employee in a residential hotel, restaurant or eating house shall be given at
leastonedayinaweekasaholiday:
Providedthatnothinginthissubsectionshallapplytoanemployeewhosetotalperiod
ofemploymentinanyweekislessthansixdays.
(2) It shall not be lawful for an employer to call an employee at, or for an employee to
goto,hisresidentialhotel,restaurantoreatinghouseoranyotherplaceforanyworkin
connectionwiththebusinessofhisresidentialhotel,restaurantoreatinghouseonaday
onwhichsuchemployeehasaholiday.
(3) No deduction shall be made from the wages of any employee in a residential hotel,
restaurantoreatinghouseonaccountofanyholidaygiventohimundersubsection(1).
Ifanemployeeisemployedonadailywage,heshallnonethelessbepaidhisdailywage
fortheholiday.
Section25Employertofurnishidentitycardtoemployee
Theemployershallfurnisheveryemployeeinaresidentialhotel,restaurantoreatinghousean
identitycardwhichshallbeproducedbytheemployeeondemandbyanInspector.Suchcard
shallcontainthefollowingaridsuchotherparticularsasmaybeprescribed,namely:
(a)thenameoftheemployer
(b)thename,ifany,andthepostaladdress,oftheestablishment
(c)thenameandageoftheemployee
(d)thehoursofwork,theintervalforrestandtheholidayoftheemployee
1[(e)thesignature(withdate)oftheemployerormanager.].
______________________
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______________________
1.Cl.(e)wasaddedbyBom.28of1952,s.10.
Section26Closinghouroftheatresorotherplacesofpublicamusementor
entertainment
Notwithstandinganythingcontainedinanyotherenactmentforthetimebeinginforce,no
theatre or other place of public amusement or entertainment shall, on any day, be
closed1[laterthan00.30a.m.].
______________________
1.Substitutedforthewords"laterthantwelvemidnight'byMah.64of1977,s.10.
Section27Theatresorotherplacesofpublicamusementorentertainmentnottosell
goodsofthekindsoldinshopsaftertheclosinghourofshops
Afterthehourfixedfortheclosingofshopundersection11,nogoodsofthekindsoldin
ashopshallbesoldinanytheatreorotherplaceofpublicamusementorentertainment
exceptforconsumptiononpremises.
Section28Dailyandweeklyhoursofworkintheatresorotherplacesofpublic
amusementorentertainment
1 [28.2 [Daily and weekly hours] of work in theatres or other places of public amusement or
entertainment
(1)Noemployeeshallberequiredorallowedtoworkinanytheatreorotherplacesofpublic
amusement or entertainment for more than nine hours in any day3 [and fortyeight hours in
anyweek].
(2) Any employee may be required or allowed to work in a theatre or other place of public
amusementorentertainmentforanyperiodinexcessofthelimitfixedundersubsection(1),if
suchperioddoesnotexceedsixhoursinanyweek.]
______________________
1.SubstitutedbyMah.28of1952,s.11.
2.ThesewordswereSubstitutedforthewords"Dailyhours"byMah.64of1977,s.11(b).
3.InsertedbyMah.64of1977,s.11(a).
The period of work of an employee in a theatre or other place of public amusement or

entertainment each day shall be so fixed that no period of continuous work shall exceed
five hours and that no employee shall be required or allowed to work for more than five
hoursbeforehehashadanintervalforrestofatleastonehour]:
2[Providedthat,theStateGovernmentmay,onanapplicationmade,inthatbehalfby
the employees concerned, permit the reduction of the interval for rest to half an
hour.]
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_____________________
Section30Spreadover
The spreadover of an employee in a theatre or other place of public amusement or
entertainmentshallnotexceedelevenhoursinanyday:
such conditions as it may impose wither generally or in the case of a particular
theatreorotherplaceofpublicamusementorentertainment.
_____________________
1950.
Section31Holidayinaweek
(1) Every employee in a theatre or other place of public amusement or entertainment

shallbegivenatleastonedayinaweekasaholiday:
Providedthatnothinginthissubsectionshallapplytoanemployeewhosetotalperiod
ofemploymentinanyweekislessthansixdays.
(2) It shall not be lawful for an employer to call an employee at, or for an employee to
goto,histheatreorotherplaceofpublicamusementorentertainmentoranyotherplace
foranyworkinconnectionwiththebusinessofhistheatreorplaceofpublicamusement
orentertainmentonadayonwhichsuchemployeehasaholiday.
(3) No deduction shall be made from the wages of an employee in a theatre or other
placeofpublicamusementorentertainmentonaccountofanyholidaygiventohimunder
subsection (1). If an employee is employed on a daily wage, he shall nonetheless be
paidhisdailywagefortheholidaygiventohim.
Section32Nochildtoworkinanestablishment
Nochildshallberequiredorallowedtoworkwhetherasanemployerorotherwiseinany
establishment,notwithstandingthatsuchchildisamemberofthefamilyoftheemployer.
Section33Openingandclosinghoursforyoungpersonsandwomen
1[33.Openingandclosinghoursforyoungpersonsandwomen
(1)2[***]]
(2)Nosuchyoungpersonshallberequiredorallowedtoworkinanyestablishmentafter
7.00p.m.
(3)Nosuchwomanshallberequiredorallowedtoworkinanyestablishment3[after9.30
p.m.]
_____________________
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2.OmittedbytheMah.34of2005forthefollowing:
"(1)Noyoungpersonorwoman,notwithstandingthatsuchyoungpersonorwomanisamemberofthefamilyof
the employer, shall be required or allowed to work, whether as an employee or otherwise, in any establishment
before6.00a.m."
3.SubstitutedbytheMah.34of2005forthewordsandfigure"after8.30p.m.]".
Section34Dailyhoursofworkforyoungpersons
(1) Notwithstanding anything contained in this Act, no young person shall be required or
allowed to work, whether as an employee or otherwise, in any establishment for more
thansixhoursinanyday.
(2) No young person shall be required or allowed to work whether as an employee or
otherwise in any establishment for more than three hours in any day unless he has had
anintervalforrestofatleasthalfanhour.
Section34AProhibitionofemploymentofyoungpersonsandwomenindangerouswork
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1[34A.Prohibitionofemploymentofyoungpersonsandwomenindangerouswork
No young person or woman working in any establishment, whether as an employee or

otherwise,shallberequiredorallowedtoperformsuchworkasmaybedeclaredbythe
State Government by notification in the Official Gazette, to be work involving danger to
life,healthormorals.]
_____________________
1.InsertedbyMah.26of1961,s.12.
Section35Leave
1[(1)(a)Subjecttotheprovisionsofclause(b),everyemployeewhohasbeenemployed
for not less than three months in any year, shall for every 60 days on which he has
worked during the year be allowed leave, consecutive or otherwise, for a period of not
morethanfivedays
(b)everyemployeewhohasworkedfornotlessthantwohundredandfortydaysduring
ayear 2[irrespectiveofthedateofcommencementofhisservice]shallbeallowedleave,
consecutiveorotherwise,foraperiodofnotlessthantwentyonedays:
Provided that such leave may be accumulated up to a maximum period of fortytwo
days.
Explanation. The leave allowed to an employee under clauses (a) and (b) shall be
inclusive of the day or days during the period of such leave, on which a shop, or
commercial establishment remains closed under subsection (1) of section 18, or on
whichheisentitledtoaholidayundersubsection(1)ofsection24orsection31.]
(1A)3[xxxx]
(2) If an employee entitled to leave under subsection (1)4[or (1A)] is discharged by his
employerbeforehehasbeenallowedtheleave,orif,havingappliedforandhavingbeen
refused the leave, he quits his employment before he has been allowed the leave, the
employershallpayhimtheamountpayableundersection36inrespectoftheleave.
(3)Ifanemployeeentitledtoleaveundersubsection(1)4[or(1A)]isrefusedtheleave,
he may give intimation to the Inspector or any other officer authorised in this behalf by
the5[State]Governmentregardingsuchrefusal.TheInspectorshallentersuchintimation
in a register kept in such form as may be prescribed.6[The employee shall also send a
copyofsuchintimationtohisemployerand,thereupon,theemployeeshallbeentitledto
carryforwardtheunavailedleavewithoutanylimit.]
7[(4) Notwithstanding anything contained in this section, every employee, irrespective of
hisperiodofemployment,shallbeentitledtoadditionalholidayonthe26thJanuary,8[1st
May, 15th August and 2nd October] every year. For holiday on these days, he shall be
paid wages at a rate equivalent to the daily average of his wages (excluding overtime),
whichheearnsduringthemonthinwhichsuchcompulsoryholidaysfalls:
Provided that the employer may require any employee to work in the establishment
on all or any of these days, subject to the condition that for such work the employee
shall be paid double the amount of the daily average wages and also leave on any
otherdayinlieuofthecompulsoryholiday.]
______________________
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2.InsertedbyMah.35of1986,s.3(a).
3.DeletedSubsection(1A)byMah.35of1986,s.3(b).
4.InsertedbyBom.28of1952,s.13(2).
1950.
6.InsertedbyMah.64of1977,s.13(b).
7.Addedby64of1977,s.13(c).
8. Substituted for figures, words & letters "1st May & 15th August" by Mah. 35 of 1986,
s.3(c).
Section36Payduringleave
Everyemployeeshallbepaidfortheperiodofhisleaveatarateequivalenttothedaily
averageofhiswagesforthedaysonwhichheactuallyworkedduringtheprecedingthree
months,exclusiveofanyearningsinrespectofovertime.
Section37Paymentwhentobemade
Anemployeewhohasbeenallowedleaveundersection35shall,beforehisleavebegins,
bepaidhalfthetotalamountduetohimfortheperiodofsuchleave.
Section38ApplicationandamendmentofthePaymentofWagesAct
(1) Notwithstanding anything contained in the Payment of Wages Act, 1936, (IV of 1936)
herein referred to as "the said Act", the1[State] Government may, by notification
publishedintheOfficialGazette,directthatsubjecttotheprovisionsofsubsection(2)of
thesaidAct2[Shall,insuchlocalareasasmaybespecifiedinthenotificationapply]toall
oranyclassofestablishmentsortoalloranyclassofemployeestowhichorwhomthis
Actforthetimebeingapplies.
(2) On the application of the provisions of the said Act to any establishment or to any
employeesundersubsection(1),theInspectorappointedunderthisActshallbedeemed
to be the Inspector for the purpose of the enforcement of the provisions of the said Act
withinthelocallimitsofhisjurisdiction.
______________________
1950.
2.Substitutedforthewords"shallapply"byBom.58of1954,s.2,Sch.
Section38AApplicationofActVIIIof1923toemployeesofestablishment
1[38A.ApplicationofActVIIIof1923toemployeesofestablishment
TheprovisionsoftheWorkmen'sCompensationAct,1923(VIIIof1923),andtherulesmade
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from time to timethereunder, shall, mutatismutandis, apply 2 [to employees of an

establishmenttowhichthisActapplies,asiftheywereworkmenwithinthemeaningofthe
Workmen'sCompensationAct,1923.]
_______________________
2. This wasSubstituted for the portion beginning with the words "to employee" and ending
withthewords&figure"undertheWorkmen'sCompensationAct,1923"byMah.64of1977,
s.14.
Section38BApplicationofIndustrialEmployment(StandingOrders)Actto
establishments
1[38B.ApplicationofIndustrialEmployment(StandingOrders)Acttoestablishments
TheprovisionsoftheIndustrialEmployment(StandingOrders)Act,1946(XXof1946),in
itsapplicationtotheStateofMaharashtra2[(hereinafterinthissectionreferredtoas"the
said Act"), and the rules and standing orders (including model standing orders) made
thereunder, from time to time, shall, mutatis mutandis, apply to3[all establishments
wherein fifty or more employees are employed and to which this Act applies] as if they
wereindustrialestablishmentswithinthemeaningofthesaidAct.
____________________
3. Substituted for the words "all establishments to which the Act, applies" by Mah. 35 of
1986,s.4.
Section38CApplicationofMaternityBenefitActtowomenemployeesinestablishment
1[38C.ApplicationofMaternityBenefitActtowomenemployeesinestablishment
Notwithstanding anything contained in the Maternity Benefit Act, 1961(LIII of 1961)

(hereinafter in this section referred to as "the said Act"), the State Government may, by
notification in the Official Gazette, direct that all or any of the provisions of the said Act
or the rules made thereunder shall apply to women employed for wages in all or any of
the establishments to which his Act applies. For that purpose, such women employees
shall be deemed to be women within the meaning of the said Act. On such application of
the provisions of the said Act, an Inspector appointed under this Act shall be deemed to
betheInspectorforthepurposeoftheenforcementoftheprovisionsofthesaidActalso
withinthelimitsofhisjurisdiction.]
_____________________
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Bombay Shops and Establishments Act, 1948

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Bombay Shops and Establishments Act, 1948

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(4) "Commercial establishment" means an establishment which carries on, any

Provided that the1[State] Government may, by notification published in the Official

required or allowed to work in a shop or commercial

(2) Any employee may be required or allowed to work in a shop or commercial

The period of work of an employee in a theatre or other place of public amusement or

(1) Every employee in a theatre or other place of public amusement or entertainment

No young person or woman working in any establishment, whether as an employee or

from time to timethereunder, shall, mutatismutandis, apply 2 [to employees of an

Notwithstanding anything contained in the Maternity Benefit Act, 1961(LIII of 1961)

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