KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960
PREAMBLE
An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in the shops and commercial establishments in the State of Kerala.
WHEREAS it is expedient to consolidate and amend the law relating to the regulation of conditions of work and employment in shops and commercial establishments in the State of Kerala.
BE it enacted in the Eleventh Year of the Republic of India as follows:-
(1) This Act may be called the Kerala Shops and Commercial Establishments Act, 1960.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint. [1A]
(4) It shall apply, in the first instance, to the following areas-
(i) the city of Trivandrum
(ii) all the municipalities constituted under the Madras District Municipalities Act, 1920 (Madras Act V of 1920) to its application to the Malabar district referred to in section 5 (2) of the State Reorganisation Act, 1956, the Travancore District Municipalities Act, 1116 and the Cochin Municipal Act XVIII of 1113.
(iii) all areas within the jurisdiction of Panchayats which under rule 2 of Schedule III of the Madras Village Panchayats Act, 1950 (Madras Act X of 1950) in its application
In this Act, unless the context otherwise requires.-
(1)"apprentice" means a person, aged not less than twelve years, whom an employer employs in his service for training by himself or by any other person for any trade or calling:
(2)"child" means a person who has not completed his fourteenth year;
(3)"closed" means not open for the service of any customer or open to any business connected with the establishment;
(4)"commercial establishment" means a commercial or industrial or trading or banking or insurance establishment, an establishment or administrative service in which the persons employed are mainly engaged in office work, hotel, restaurant, boarding or eating house, caf‚ or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such other establishment as the Government may, by notification in the Gazette, declare to
Section 2 of the Kerala Shops and Commercial Establishments Act, 1960 is the definitional section of the Act. It provides the interpretive framework by defining the key terms used throughout the legislation, thereby determining the scope and applicability of the Act to various establishments and commercial activities in Kerala. [Source: ""]
Section 2 contains a series of definitions that classify and describe the entities, persons, and concepts regulated by the Act. These include definitions of terms such as "commercial establishment," "shop," "employer," "employee," "establishment," and "closed," among others. The definitions are structured to capture the broad spectrum of commercial and trading activities within the state. [Source: ""]
The essential function of Section 2 is to demarcate the boundaries of the Act’s operational jurisdiction. By clearly defining what constitutes a "shop" or a "commercial establishment," the section ensures that the rights and obligations under the Act apply only to the intended entities and individuals. It acts as the interpretive key for all subsequent provisions. [Source: ""]
The scope of Section 2 is comprehensive within the domain of the Act. It covers the full gamut of commercial enterprises, from small shops to large commercial establishments, and includes definitions for all relevant stakeholders such as employers, employees, and their respective roles. The definitions provided are foundational for determining which establishments must comply with the Act's provisions regarding registration, working conditions, wages, and penalties. [Source: ""]
Punishment for violations is addressed in Section 29 of the Act. While Section 2 itself does not prescribe penalties, it defines the entities whose violations of the Act's provisions (such as those in Sections 7, 19, 20, 28, and 30) can lead to prosecution. The penalty for contravening these provisions is a fine which may extend to fifty rupees. [Source: ""]
(1) Nothing contained in this Act shall apply to-
(a) persons employed in any establishment in a position of management;
(b) persons whose work mainly involves traveling, and persons employed as canvassers and caretakers and whose names do not appear in the muster rolls;
(c) establishments under the Central or any State Government, local authorities, the Reserve Bank of India and cantonment authorities;
(d) establishment in mines and oil fields;
(e) establishments in bazaars in places where fairs or festivals are held temporarily for a period not exceeding fifteen days at a time;
(f) establishments which, not being factories within the meaning of the Factories Act, 1948 (Central Act 63 of 1948) are in respect of matters dealt with in this Act, governed by a separate law for the time being in force in the State of Kerala.
Notwithstanding anything contained in section 3, the Government may, by notification in the Gazette, apply all or any of the provisions of this Act to any class of persons or establishments mentioned in that section, other than those mentioned in clauses ( ) and (f) of sub-section (1) and modify or cancel any such notification.
Section 4 of the Kerala Shops and Commercial Establishments Act, 1960, deals with the power of the Government to apply the provisions of the Act to certain classes of persons or establishments, even if they are initially exempted under Section 3(1). This section plays a crucial role in extending or restricting the scope of the Act through notifications, thereby shaping the regulatory landscape of commercial establishments in Kerala.
Section 4 empowers the Government to, by notification in the Gazette, apply all or any provisions of the Act to specific classes of persons or establishments that are otherwise exempted under Section 3(1). It also allows the Government to modify or cancel such notifications. The section emphasizes the overriding nature of the Act over other laws and provides the legal basis for exemptions and their revocation.
Scope of Power - Section 4 grants the Government broad authority to extend or restrict the applicability of the Act through notifications, facilitating flexible regulation [BINANI ZINC EMPLOYEES' MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. VS LIZY RAJAN W/O. V. T. RAJAN].
Legislative Intent - The section underscores the legislature’s intent to ensure comprehensive coverage of commercial establishments, including those initially exempted, to serve public interest [BINANI ZINC EMPLOYEES' MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. VS LIZY RAJAN W/O. V. T. RAJAN].
Exemption and Revocation - Notifications issued under Section 4 can exempt certain establishments like hospitals, nursing homes, or religious institutions, but such exemptions are subject to modification or cancellation, maintaining regulatory control [Sr. Jyothis VS State of Kerala].
Impact on Hospitals - Notifications have historically excluded hospitals from the scope of the Act, but Section 4 allows the Government to bring them within the purview if deemed necessary [Lourdes Hospital, represented by its Director VS Abraham Mathew].
Legal Validity of Notifications - Notifications made under Section 4 are binding and have the force of law, provided they adhere to procedural requirements like Gazette notification [BINANI ZINC EMPLOYEES' MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. VS LIZY RAJAN W/O. V. T. RAJAN].
Application to Specific Sectors - Section 4 has been used to include or exclude sectors such as hotels, educational institutions, and religious establishments, demonstrating its versatility [Lourdes Hospital VS Abraham Mathew].
Overriding Effect - The section affirms the Act’s supremacy over other laws, ensuring that exemptions are not perpetual and can be revisited [BINANI ZINC EMPLOYEES' MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. VS LIZY RAJAN W/O. V. T. RAJAN].
Procedural Safeguards - While the section authorizes the exercise of power, the exercise must be in accordance with constitutional principles and procedural fairness, including gazette notification and publication [BINANI ZINC EMPLOYEES' MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. VS LIZY RAJAN W/O. V. T. RAJAN].
Legal Challenges - Notifications issued under Section 4 are subject to judicial review if they violate constitutional rights, procedural rules, or exceed delegated powers [Superintendent of Post Offices VS Regional Labour Commissioner].
Historical Usage - The section has historically been employed to regulate establishments like Devaswoms, clubs, and hospitals, either by extending or limiting their scope under the Act [SUPERINTENDENT, KOODALMANICKOM DEVASWOM VS KUNHAN KARTHA].
Exemptions for Religious and Charitable Institutions - The section facilitates exemptions for entities like Devaswoms, which are outside the scope of commercial regulation, but such exemptions can be revoked [SUPERINTENDENT, KOODALMANICKOM DEVASWOM VS KUNHAN KARTHA].
Impact on Employment Rights - Inclusion or exclusion via notifications affects workers’ rights, including wages, working hours, and safety, under the Act [Lourdes Hospital VS Abraham Mathew].
Legal Certainty - Notifications under Section 4 provide clarity and legal certainty about the scope of the Act, reducing ambiguities in enforcement [A. Karunakaran Nair VS Authority Under Payment Of Wages Act].
Judicial Interpretation - Courts have upheld the validity of notifications under Section 4, provided they are issued following proper procedures and serve public interest [Superintendent of Post Offices VS Regional Labour Commissioner].
Limitations - The exercise of power under Section 4 must respect constitutional limits, including non-discrimination and reasonableness, failing which it may be challenged [SASIDHARAN VS PETER AND KARUNAKAR. ].
Dynamic Regulation - Section 4 embodies the principle of dynamic regulation, allowing the law to evolve with changing social, economic, and health considerations [BINANI ZINC EMPLOYEES' MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. VS LIZY RAJAN W/O. V. T. RAJAN].
Policy Considerations - The section enables the Government to balance economic growth with social welfare by selectively applying or exempting sectors [Lourdes Hospital VS Abraham Mathew].
In summary, Section 4 of the Kerala Shops and Commercial Establishments Act, 1960, is a vital legislative tool that grants the Government the authority to tailor the scope of the Act through gazette notifications. It ensures flexibility, adaptability, and control over the regulation of commercial establishments, balancing exemptions with the need for oversight, and has been instrumental in including or excluding various sectors such as hospitals, religious institutions, and hotels from the ambit of the law. The exercise of this power is subject to constitutional principles, procedural safeguards, and judicial review, ensuring that the regulatory framework remains fair, transparent, and responsive to societal needs.
The Government may, if they are satisfied that public interest so requires or that the circumstances of the case are such that it would be just and proper to do so having regard to the nature and capacity of the establishment, by notification in the Gazette, exempt either permanently or for any specified period, any establishment or class of establishments in any area or persons or class of persons to which or to whom this Act applies, from all or any of its provisions subject to such restrictions and conditions as the Government deem fit.
Section 5 of the Kerala Shops and Commercial Establishments Act, 1960, empowers the Government to grant exemptions to certain establishments or classes of establishments from the provisions of the Act, in the interest of public or for specific circumstances. This section plays a crucial role in balancing regulation with practical considerations of specific sectors or institutions.
Section 5 authorizes the State Government, by notification in the Gazette, to exempt establishments or classes of establishments from all or any provisions of the Act, either permanently or temporarily, based on public interest or circumstances deemed just and proper. The section also provides that such exemptions are to be made with restrictions and conditions as the Government may specify.
Note: The above commentary synthesizes legal principles from various judgments and notifications, emphasizing the legislative and procedural aspects of Section 5 of the Kerala Shops and Commercial Establishments Act, 1960.
(1) The employer of every establishment shall make an application to such authority as the Government may by notification in the Gazette, specify in this behalf (in this Chapter referred to as the "competent authority"), in such form and on payment of such fees as may be prescribed, for a registration certificate in respect of that establishment.
(2) An application under sub-section (1) shall be made within sixty days from the date of commencement of this section:
Provided that in the case of an establishment started after the commencement of this section, such application shall be made within sixty days from the date on which the establishment commences its work.
(3)The application shall specify the following particulars, namely:-
(a) the name of the employer and the manager, if any;
(b) the postal address of the establishment;
(
Any person aggrieved by an order of the competent authority refusing to grant or renew a registration certificate or canceling or suspending the same, may, within a period of sixty days of the receipt by him of such order and on payment of such fees as may be prescribed, appeal to such authority as the Government may by notification in the Gazette, specify in this behalf and such authority may by order confirm, modify or reverse the order appealed against.
(1) A registration certificate granted or renewed under this Act shall be prominently displayed by the employer in the premises of the establishment.
(2)The employer shall give notice in the prescribed form to the competent authority and the Inspector having jurisdiction over the area in which the establishment is situate of any change in respect of any of the particulars contained in his application under sub-section (1) of section 5A within seven days after the change has taken place.
(3)A notice under sub section (2) shall be accompanied by such fee as may be prescribed.
(4)On receiving a notice under sub-section (2) and the prescribed fees, the competent authority shall, if it is satisfied about the correctness of the notice, register the change and amend the registration certificate or issue a fresh registration certificate.
(5)The employer shall within ten days of closin
No employee in any establishment shall be required or allowed to work for more than eight hours in any day and forty-eight hours in any week:
Provided that the total number of hours of work including overtime, shall not exceed ten hours in any day except on days of stock taking and preparation of accounts and the total number of hours of overtime shall not exceed fifty for any quarter.
Where an employee, works in any establishment for more than eight hours in any day or for more than forty-eight hours in any week he shall in respect of such overtime work be entitled to wages at the rate of twice the ordinary rate of wages.
Explanation.-For the purpose of this section "ordinary rate of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the supply of meals and the concessional sale to employees of foodgrains and other articles, as the employee is for the time being entitled to, but does not include bonus.
The period of work of an employee in an establishment each day shall be so fixed that no period shall exceed four hours and that no such person shall work for more than four hours before he has had an interval for rest of at least one hour.
The period of work of an employee in an establishment shall be so fixed that, inclusive of his interval for rest, they shall not spread over more than ten and a half hours in any day.
(1) No establishment shall on any day be opened earlier than and closed later than such hour as may be fixed by a general or special order of the Government made under sub-section (2):
Provided that any customer who was being served or was waiting to be served in any establishment at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour.
(2)The Government may, by general or special order, fix the time at which any establishment or class of establishments shall be opened or closed in any local area.
(1) Every shop shall remain entirely closed on one day of the week which day shall be specified by the shop-keeper in a notice permanently exhibited in a conspicuous place in the shop; and the day so specified shall not be altered by the shop-keeper more often than once in three months.
(2) Every person employed in a shop or a commercial establishment shall be allowed in each week a holiday of one whole day:
Provided that nothing in this sub-section shall apply to any person whose total period of employment in the week including any days spend on authorized leave, is less than six days, or entitle a person who has been allowed a whole holiday on the day on which the shop has remained closed in pursuance of sub-section (1) to an additional holiday.
(3) No deduction shall be made from the wages of any employee in an establishment on account of any day on which a holiday has been allowed in accordance
The provisions of this chapter shall not operate to the prejudice of any rights to which an employee may be entitled under any other law or under the terms of any award, agreement or contract of service.
Provided that where such award, agreement or contract of service provides for a long leave with wages or weekly holidays than provided in this Chapter the employee shall be entitled to such longer leave or weekly holidays, as the case may be.
Explanation.-For the purpose of this Chapter leave shall not, except as provided in section 13, include weekly holidays or holidays for festivals or other similar occasions.
(1) Every employee in an establishment shall be entitled after twelve months' continuous service in that establishment, to holidays with wages for a period of twelve days, in the subsequent period of twelve months, provided that such holidays with wages may be accumulated up to a maximum period of twenty-four days.
(2)Every employee in an establishment shall also be entitled during every twelve months of continuous service (a) to leave with wages for a period not exceeding twelve days on the ground of any sickness incurred or accident sustained by him and (b) to casual leave with wages for a period not exceeding twelve days on any reasonable ground.
(3)If an employee entitled to any holidays under sub-section (1) is discharged by his employer before he has been allowed the holidays, or if having applied for and been refused the holidays, he quits his employment before he has been allowed the holidays, the employer shall p
(1) Every employee who undergoes sterilization operation shall be entitled to special casual leave with wages for a period not exceeding-
(a) six days in the case of a male employee; and
(b) fourteen days in the case of a female employee, with effect from the day on which he or she undergoes such operation.
(2) If an employee who has undergone sterilization operation is discharged by his or her employer during the period specified in sub-section (1) the employer shall pay such employee the amount payable under section 14 in respect of the period of the special casual leave to which the employee was entitled at the time of discharge."
(1) For the leave allowed to an employee under section 13 or section 13A, the employee shall be paid at the rate equal to the daily average of his or her total full-time earnings exclusive of any overtime earnings and bonus, but inclusive of dearness allowance and the cash equivalent of any advantage accruing by the supply of meals and by the sale by the employer of foodgrains and other articles at concessional rates for the days on which the employee worked during the month immediately preceding his leave.
(2) The amount payable to an employee under sub-section (1) for the leave allowed under section 13A shall be paid to him or her on production of a certificate from such authority and in such form as may be prescribed, to the effect that the employee has undergone sterilization operation."
Any Inspector may institute proceedings on behalf of any employee to recover any sum required to be paid by an employer under the Chapter which the employer has not paid.
Where the Government are satisfied that the leave rules applicable to employees in an establishment provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision, it may, by written order, exempt the establishment from all or any of the provisions of this Chapter, subject to such conditions as may be specified in the order.
(1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (Central Act 4 of 1936), herein referred to as the said Act, the Government may, by notification in the Gazette, direct that, subject to the provisions of sub-section (2) the said Act or any of the provisions thereof or of the rules made thereunder shall apply to all or any class of employees in establishments to which this Act applies.
(2)On the application of the provisions of the said Act to any establishment under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act within the local limits of the jurisdiction.
(1) No employer shall dispense with the services of an employee employed continuously for a period of not less than six months, except for a reasonable cause and without giving such employee at least one month's notice or wages in lieu of such notice; provided however that such notice shall not be necessary where the services of such employee are dispensed with on a charge of misconduct supported by satisfactory evidence recorded at an inquiry held for the purpose.
(2) Any employee whose services are dispensed with may appeal to such authority and within such time as may be prescribed either on the ground that there was no reasonable cause for dispensing which his services or on the ground that he has not been guilty of misconduct as held by the employer.
(3) The appellate authority may, after giving notice in the prescribed manner to the employer and the employee, dismiss the appeal or direct the reinstatement of the emp
Section 18 of the Kerala Shops and Commercial Establishments Act, 1960, governs the procedure and scope of appeals related to employment termination and disciplinary actions within shops and commercial establishments in Kerala. It provides a statutory framework for safeguarding employee rights against unjust dismissals and establishes the authority and limits of appellate bodies in such disputes.
Section 18 delineates the conditions under which an employer cannot dismiss an employee, the right of employees to appeal against dismissal, and the powers of the appellate authority. It specifies that:- No employee employed continuously for at least six months shall be dismissed except for a reasonable cause and with at least one month’s notice or wages in lieu.- Dismissal on grounds of misconduct supported by satisfactory evidence may exempt the employer from providing notice.- An aggrieved employee can appeal to the designated authority on grounds of no reasonable cause or misconduct.- The appellate authority may dismiss the appeal, direct reinstatement (with or without wages), order payment of compensation, or other relief as deemed fit.
Scope of appeal - Section 18 provides a statutory right for employees to appeal against dismissal on grounds of no reasonable cause or misconduct supported by evidence. [James George VS General Manager United Commercial Bank Calcutta]
Reasonable cause - Dismissal must be for a "reasonable cause," emphasizing fairness and bona fide grounds, not arbitrary or capricious actions. [James George VS General Manager United Commercial Bank Calcutta]
Disciplinary support - Dismissals based on misconduct require satisfactory evidence, and the appellate authority must scrutinize the evidence supporting the charges. [James George VS General Manager United Commercial Bank Calcutta]
Appellate jurisdiction - The appellate authority has limited jurisdiction to examine whether the dismissal was for a reasonable cause or supported by evidence; it cannot reappreciate facts beyond the scope of the appeal. [SUNDARAM CHETTIAR (S. ) VS GOPALAN (K. )]
Scope of relief - The authority can direct reinstatement, payment of wages, compensation, or other relief, but such orders are subject to the findings regarding the legality of the dismissal. [James George VS General Manager United Commercial Bank Calcutta]
Scope of review - The appellate authority’s review is confined to the legality and reasonableness of the dismissal; it cannot substitute its own assessment of facts unless the findings are perverse or unsupported. [Valithan VS Additional Deputy Labour Commissioner Appellate Authority]
Jurisdictional limits - The appellate body’s jurisdiction is limited to employment disputes under the Act; it cannot decide unrelated legal issues or matters outside the scope of employment law. [BINANI ZINC EMPLOYEES' MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. VS LIZY RAJAN]
Order compliance - Employers are bound to comply with orders for reinstatement or compensation; failure to do so can result in recovery proceedings and penalties. [James George VS General Manager United Commercial Bank Calcutta]
Validity of domestic enquiry - The order of dismissal supported by a fair and proper domestic enquiry is presumed valid; the appellate authority's role is to verify if the enquiry was conducted properly and charges substantiated. [James George VS General Manager United Commercial Bank Calcutta]
Reinstatement and compensation - When an order for reinstatement is issued, the employee is entitled to wages from the date of dismissal unless the order specifies otherwise; if compensation is awarded, interest for default may be applicable. [James George VS General Manager United Commercial Bank Calcutta]
Power of the appellate authority - The authority can dismiss appeals if unfounded or support reinstatement or compensation if the dismissal is unjustified, but cannot act beyond the scope of the Act. [Valithan VS Additional Deputy Labour Commissioner Appellate Authority]
Legal safeguards - The Act emphasizes procedural fairness, requiring notice, evidence, and opportunity to defend before dismissal, aligning with principles of natural justice. [James George VS General Manager United Commercial Bank Calcutta]
Limitations on relief - The appellate authority cannot grant relief beyond what is explicitly provided for in the Act; for example, it cannot award damages for unrelated grievances. [CRANGANORE TOWN CO-OPERATIVE BANK, LTD. VS SANKARA VELICHAPAD]
Order of cancellation of dismissal - When a dismissal order is revoked or canceled, the appellate authority’s jurisdiction to decide on reinstatement diminishes, and the original order's validity is restored. [CRANGANORE TOWN CO-OPERATIVE BANK, LTD. VS SANKARA VELICHAPAD]
Judicial review - Orders passed under Section 18 are subject to judicial review on grounds of perversity, violation of principles of natural justice, or exceeding jurisdiction. [James George VS General Manager United Commercial Bank Calcutta]
Procedural fairness - The employer must ensure fair domestic proceedings; failure to do so can render the dismissal vulnerable to challenge under Section 18. [James George VS General Manager United Commercial Bank Calcutta]
Legal consequence of non-compliance - Employers who do not reinstate or pay compensation as ordered may face recovery proceedings, penalties, and interest. [James George VS General Manager United Commercial Bank Calcutta]
In summary, Section 18 balances the rights of employees to protection against unjust dismissal with the employer’s right to dismiss for a reasonable cause supported by evidence. Its scope is confined to employment disputes within the shop and commercial establishment framework, and the appellate authority’s powers are limited to examining the legality and reasonableness of dismissals, ensuring procedural fairness and adherence to principles of natural justice.
No child shall be required or allowed to work in any establishment except as an apprentice in such employment as may be specified by the Government.
No woman or any person who has not attained the age of seventeen shall be required or allowed to work whether as an employee or otherwise in any establishment before 6 A. M. or after 7 P. M.
(1) The premises of every establishment shall be kept clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be prescribed; and these methods may include lime washing, colour washing, painting, varnishing, disinfecting and deodorising.
(2) The premises of every establishment shall be ventilated in accordance with such standards and by such methods as may be prescribed.
(3) The premises of every establishment shall be sufficiently lighted during all working hours.
(4) If it appears to an Inspector that the premises of any establishment within his jurisdiction is not sufficiently kept clean or lighted or ventilated, he may serve on the employer an order in writing specifying the measures which, in his opinion, should be adopted and requiring them to be carried out before a specified date.
In every establishment such precautions against fire shall be taken as may be prescribed.
Against any order of the Inspector under this Chapter, an appeal shall lie to such authority and within such time as may be prescribed.
if any person, being either the owner or the occupier of an establishment who has incurred or is about to incur any expense for the purpose of securing that the requirements of section 21 or section 22 are complied with respect to the establishment, alleges that the whole or any part of the expense ought to be borne by any other person having an interest in the premises, he may apply to the court of the Munsiff having jurisdiction over the area in which the establishment is situated and that court may make such order concerning the expenses or their apportionment as appears to the court, having regard to all the circumstances of the case, including the terms of any contract between the parties, to be just and equitable, and any order made under this section may direct that any such contract as aforesaid shall cease to have effect in so far as it is inconsistent with the terms of the order.
The Government may, by notification in the Gazette, appoint such Officers or such persons or class of persons as they think fit to be Inspectors for the purposes of this Act within such local limits as they may assign to them respectively.
Subject to any rules made by the Government in this behalf, an Inspector may within the local limits for which he is appointed.--
(a) enter, at all reasonable times and with such assistants, if any, being persons in the service of the Government or of any local authority as he thinks fit, any place which is or which he has reason to believe is an establishment;
(b) make such inspection of the premises and of any prescribed registers, records and notices, and take on the spot or otherwise evidence of any person as he may deem necessary for carrying out the purposes of this Act; and
(c) exercise such other powers as may be necessary for carrying out the purpose of this Act:
Provided that no one shall be required under this section to answer any question or give any evidence tending to incriminate himself.
Every Inspector appointed under section 25 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Every employer shall on demand produce for Inspection of an Inspector all registers, records and notices required to be kept under and for the purposes of this Act.
"(1) Whoever commits any breach of the provisions of sections 5A and 5C of Chapter 1A shall be punishable,-
(a) with fine which may extend to two hundred and fifty rupees and in case of continuing breach with fine which may extend to ten rupees for every day during which the breach continues after convictions for the first breach; or
(b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the competent authority to discontinue such breach."]
(1A) Whoever contravenes any of the provisions of sections 6,8,9 to 11, 13 "13A" 14, 18, 21 and 22 shall on conviction be punishable with fine, which for a first offence, may extend to two hundred and fifty rupees and for a second or any subsequent offence, may extend to five hundred rupees.
(2)Whoever contravenes any of the provisions of sections 7, 19, 20, 28 and 30 shall,
Section 29 of the Kerala Shops and Commercial Establishments Act, 1960 deals with the registration of establishments and related procedural obligations. It mandates that every employer operating a shop or commercial establishment in Kerala must register with the competent authority. The section also prescribes the form and manner of registration, the conditions for grant and renewal of the registration certificate, and its display. Over time, the Act has been amended to modify penalties and procedural aspects associated with Section 29.
Section 29 primarily deals with the mandatory registration of all shops and commercial establishments. It requires every employer to apply to the authority specified by the Government for registration of the establishment. The section outlines:- The obligation to apply for registration.- The form and manner in which registration is to be made.- The conditions for grant and renewal of the registration certificate.- The requirement to prominently display the registration certificate.- Penal provisions for non-compliance or contravention of the Act's provisions.
The section has been amended over the years to update procedural requirements and increase penalties for violations.
The essential ingredients of Section 29 include:- Mandatory Application: Every employer must apply for registration to the authority designated by the Government.- Registration Certificate: A certificate is granted or renewed under the Act, which must be prominently displayed.- Time Limit: Registration must be obtained within a specified period from the commencement of the Act or establishment.- Penal Provision: Contravention of the provisions of the Act, including Section 29 itself, attracts a fine.- Amendment Provisions: The section has been amended to modify penalties and procedural aspects, such as increasing the fine amount and clarifying the scope of registration.
The scope of Section 29 is broad and covers:- All shops and commercial establishments operating in Kerala.- Employers of every establishment, who are obligated to register.- Registration process, including application, grant, renewal, and display of the certificate.- Penalties for non-compliance, which have been progressively increased through amendments.- Procedural aspects such as the authority to which the application is made, the form of registration, and the conditions attached.
The section also intersects with other provisions of the Act, such as those relating to working hours, holidays, and wages, as compliance with Section 29 is a prerequisite for the lawful operation of any shop or commercial establishment.
The punishment for contravening the provisions of Section 29 or other related sections (such as Sections 7, 19, 20, 28, and 30) is a fine, which may extend up to fifty rupees for a first offense. However, with amendments, the penalty has been increased significantly in certain cases. For instance, the fine for certain offenses under the Act has been increased to five hundred rupees or more, depending on the nature of the violation and the applicable amendments at the time.
Subject to the general or special orders of the Government, an employer shall maintain such registers and records and display on the premises of his establishment such notices as may be prescribed. all such registers and records shall be kept on the premises of the establishment to which they relate
Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to on the date this Act comes into force, under any other law, contract custom or usage applicable to such establishment or any award: settlement or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.
No suit, prosecution or other legal proceedings shall be against any person for anything which is in good faith done or intended to be done under this Act.
Section 32 of the Kerala Shops and Commercial Establishments Act, 1960, is a provision that deals with the registration and regulation of commercial establishments in Kerala. It forms part of the broader statutory framework governing labor rights, working conditions, and operational standards in shops and commercial establishments within the state. This section, along with related provisions, ensures that establishments adhere to statutory obligations including registration, working hours, wages, and penalties for non-compliance.
Section 32 primarily addresses the registration requirements for commercial establishments. It mandates that every shop and commercial establishment must be registered with the competent authority within a specified period from the date of commencement of work. The section also outlines the obligations of employers regarding the maintenance of records, display of registers, and adherence to the rules framed under the Act. Furthermore, it provides for the inspection of establishments and the enforcement of statutory requirements.
The scope of Section 32 extends to all shops and commercial establishments operating within the jurisdiction of Kerala. It applies to both the organized and unorganized sectors. The section ensures that all establishments, regardless of their size or nature of business, are brought under the regulatory framework of the Act. It also applies to establishments where employees are engaged in various capacities, including contractual and daily wage workers.
While Section 32 itself primarily deals with registration, non-compliance with its provisions can lead to penalties. As per the Act, any person who contravenes the provisions of the Act, including those related to registration, may be punishable with a fine. The Act specifies that violations of sections including 7, 19, 20, 28, and 30 can attract a fine that may extend to fifty rupees. Additionally, for continuing breaches, further action including prosecution may be initiated.
(1) The Government may, by notification in the Gazette authorise any officer or authority subordinate to them to exercise all or any of the powers vested in them by or under this Act, except the power mentioned in Section 34, subject to such restrictions and conditions, if any, as may be specified in the notification.
(2) The exercise of the powers delegated under sub-section (1) shall be subject to control and revision by the Government or by such persons as may be empowered by them in that behalf. The Government shall also have power to control and revise the acts or proceedings of any person so empowered.
(1) The Government may, by notification in the Gazette, make rules for the purposes of carrying into effect the provisions of this Act.
(2)In particular and without prejudice to the generality of the foregoing power, rules made under sub-section (1) may provide in respect of the health, safety and welfare of the employees
(3)In making rules under this section, the Government may provide that a contravention of the rules shall be punishable with fine which may extend to fifty rupees.
(4) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.
(5) All rules made under this section shall be laid for not less than fourteen days before the Legislative Assembly as soon as possible after they are made and shall be subject to such modification as the Legislative Assembly may make during the session in which they
On any special occasion in connection with a fair or festival or a succession of public holidays, Government may, by notification in the Gazette suspend for a specified period the operation of all or any of the provisions of this Act.
On and from the date of the commencement of this Act, in any area, the enactments specified in the Schedule shall stand repealed in so far as they apply to such area:
Provided that anything done under the said enactments which could have been done under this Act if it had then been in force shall be deemed to have been done under this Act.
Schedule
1. Weekly Holidays Act, 1942 (Central Act 18 of 1942).
2.The Travancore Cochin Shops and Establishments Act, 1125 (Act IX of 1125).
3.The Madras Shops and Establishments Act, 1947 (Madras Act XXXVI of 1947) in so far as it applies to the Malabar district referred to in section 5 (2) of the States Reorganisation Act, 1956.
The Kerala Shops and Commercial Establishments Act, 1960 is a comprehensive state legislation enacted to regulate the conditions of work and employment in shops and commercial establishments across the State of Kerala [Source ]. It consolidates and amends the law relating to employment conditions, working hours, wages, leave, termination, and other allied matters affecting workers in the unorganized and organized retail and commercial sector [Source ]. The Act applies to the whole of Kerala and extends to all types of shops and commercial establishments as defined under Sections 2(4) and 2(15) respectively [Source ]. The Schedule appended to the Act forms an integral part, specifying procedural, definitional, and classification details necessary for the execution of the Act's provisions, including registration requirements, classification of establishments, fee structures, and enforcement mechanisms [Source ].
The Schedule to the Kerala Shops and Commercial Establishments Act, 1960 functions as a supporting legislative instrument that operationalizes the Act's main provisions. It contains classification criteria for shops and commercial establishments, registration procedures, fee schedules, and forms required for compliance [Source ]. The Schedule also delineates the manner in which the Act's penal provisions are to be applied, the categories of violations, and the procedural framework for enforcement [Source ]. It further includes provisions relating to the calculation of wages, overtime, weekly holidays, and other employment conditions that must be adhered to by employers [Source ]. The Schedule acts as a practical guide for both employers and enforcement authorities, translating broad statutory mandates into actionable administrative steps [Source ].
The Schedule has a comprehensive scope covering all shops and commercial establishments operating within the territorial jurisdiction of Kerala [Source ]. It applies to both organized and unorganized sectors, including self-employed individuals, daily wage workers, and permanent employees [Source ]. The scope extends to the regulation of working conditions, protection of workers' rights, and ensuring statutory welfare measures such as pensions and gratuities [Source ]. It also covers procedural aspects like the mode of payment of fines, the calculation of overtime wages, and the determination of weekly holidays [Source ]. The Schedule's reach includes the enforcement of provisions related to child labor prohibition, discrimination, and dismissal procedures [Source ]. Furthermore, it provides the legal framework for the Kerala Court Fees and Suits Valuation Act applicability when disputes arise under the Act [Source CHACKO VS THE CATHOLIC BANK OF INDIA LTD. - 1963 0 Supreme(Ker) 220].
Violations of the Kerala Shops and Commercial Establishments Act, 1960 attract monetary penalties. For primary violations, fines may extend up to ₹50,000, while non-registration attracts a fine of ₹250 plus ₹10 per day of continued default [Source ]. Specific contraventions of provisions under Sections 7, 19, 20, 28, and 30 are punishable with fines extending to ₹50 upon conviction [Source ]. Breaches of provisions under Sections 5A and 5C of Chapter 1A attract fines up to ₹250, with continuing breaches attracting escalating daily penalties [Source ]. Historically, violations of Sections 6, 8, 9, 11, 13, 14, 18, 21, and 22 were penalized with ₹500, though current amendments have revised these amounts [Source ]. The Act also provides for the enforcement of orders akin to decrees, with court fees applicable under the Kerala Court Fees and Suits Valuation Act, 1960 [Source CHACKO VS THE CATHOLIC BANK OF INDIA LTD. - 1963 0 Supreme(Ker) 220]. Cognizance on police report is generally not possible under the Act due to the prohibition contained in Section 29(3), requiring specific procedural adherence [Source ].
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