Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019

{
    "id": 16624,
    "slug": "gujarat-shops-and-establishments-regulation-of-employment-and-conditions-of-service-act-2019",
    "title": "Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019",
    "short_title": "Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019",
    "act_number": "(Gujarat Act No. 4 of 2019)",
    "act_year": 2019,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title extent, application and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"day\" means the period of twenty-four hours beginning at midnight;\n(b) \"employer\" means a person owning or having control over the affairs of an establishment, and includes,-\n(i) in the case of a firm or association of individuals, a partner or member of the firm or association;\n(ii) in the case of a company, a director of the company;\n(iii) in the case of an establishment owned or controlled by the Central Government or a State Government or any local authority, the person or persons appointed to manage the affairs of such establishment by the Central Government or the State Government or the local authority, as the case may be;\n(c) \"establishment\" means an establishment which carries on, any business, trade, manufacture or any journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or exchange or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession or manufacture; and includes, -\n(i) establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others), architect, engineer, accountant, tax consultant or any other technical or professional consultant;\n(ii) a society registered under the Societies Registration Act, 1860, (XXI of 1860) and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto;\n(iii) shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; to whom the provisions of the Factories Act, 1948, (LXIII of 1948) do not apply;\n(iv) such other establishment as the State Government may, by notification in the Official Gazette , declare to be an establishment for the purposes of this Act;\n(d) \"factory\" means any premises and the precincts thereof which is a factory within the meaning of clause (m) of section 2 and section 85 of the Factories Act, 1948, (LXIII of 1948);\n(e) \"holiday\" means a day on which a worker shall be given a weekly off under the provisions of this Act;\n(f) \"Inspector\" means an Inspector appointed under section 24;\n(g) \"leave\" means a leave mentioned in Chapter IV of this Act;\n(h) \"local authority\" means,-\n(i) a Municipal Corporation constituted under the Gujarat Provincial Municipal Corporations Act, 1949, (Bombay LIX of 1949);\n(ii) a Municipality constituted under the Gujarat Municipalities Act, 1963, (Gujarat 34 of 1964);\n(iii) a Panchayat constituted under the Gujarat Panchayats Act, 1993, (Gujarat 18 of 1993);\n(i) \"member of the family of an employer\" means the wife, husband, son, daughter, father, mother, brother or sister of an employer who lives with and is dependent on such employer;\n(j) \"opened\" means opened for the service of any customer, or for any business of the establishment, or for work, by or with the help of any worker of or connected with the establishment;\n(k) \"prescribed\" means prescribed by rules made under this Act;\n(l) \"register of establishments\" means a register maintained for the registration of shops and establishments under this Act, either manually or in electronic format;\n(m) \"registration certificate\" means a certificate of the registration of a shop or establishment;\n(n) \"shift\" means where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a group or relay and each of such period is called a shift;\n(o) \"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 otherwise, mainly used in connection with such trade or business, but does not include a factory;\n(p) \"spread-over\" means the period between the commencement and the termination of the work of a worker on any day;\n(q) \"wages\" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes-\n(i) any remuneration payable under any award or settlement between the parties or under any order of a court or tribunal;\n(ii) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;\n(iii) any additional remuneration payable under the terms of employment;\n(iv) any sum which, by reason of the termination of employment of the person employed, is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions;\n(v) any sum to which the person employed is entitled under any scheme framed under any law, for the time being in force; and\n(vi) house rent allowance payable in cash,\n(a) any bonus, which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or under any order of a court;\n(b) the value of any accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government;\n(c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;\n(d) any travelling allowance or the value of any travelling concession;\n(e) any sum paid to the employed person to defray special expenses entailed to him by the nature of his employment; or\n(f) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (iv);\n(r) \"week\" means the period of seven days beginning at midnight of Saturday;\n(s) \"worker\" means any person including a person engaged through an outsourcing agency (except an apprentice under the Apprentices Act, 1961, (52 of 1961)) employed to do any manual, unskilled, skilled, technical, operational or clerical work for hire or reward, whether the terms of employment be express or implied.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Act not to apply to certain persons and premises.",
            "chapter": null,
            "content": "(a) establishments of the Central or the State Government;\n(b) establishments of local authorities;\n(c) offices of Reserve Bank of India;\n(d) a worker whose work is inherently intermittent;\n(e) a member of the family of an employer.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Application of the Act to other establishments and workers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Suspension of the operation of provisions of the Act.",
            "chapter": null,
            "content": "Chapter II\nRegistration of Shops and Establishments",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Registration of shops or establishments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Intimation by establishment having less than ten workers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Cancellation of registration of shop or establishment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Notice of change in particulars.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Notice for closure of business.",
            "chapter": null,
            "content": "Chapter III\nDuties of Employer",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Health and safety of worker.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Fixing of hours of work.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Prohibition of discrimination of women.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Spread-over of hours of work.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Payment of wages for overtime.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Shift working and rest.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Furnishing identity card to worker.",
            "chapter": null,
            "content": "Chapter IV\nLeave with Pay and Payment of Wages",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Annual leave, casual and sick leave and other holidays.",
            "chapter": null,
            "content": "(a) any days of lay-off, by agreement or contract or as permissible under the model standing orders or standing orders certified under provisions of the Industrial Employment (Standing Orders) Act, 1946, (20 of 1946);\n(b) in the case of a woman worker, maternity leave under the provisions of the Maternity Benefits Act, 1961, (53 of 1961);\n(c) the leave earned in the year prior to that in which the leave is availed; or\n(d) the absence of the worker due to temporary disablement caused by an accident arising out of and in the course of his employment,\nChapter V\nWelfare Provisions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Drinking water.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Latrines and urinals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Creche facility.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. First-aid.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Canteen.",
            "chapter": null,
            "content": "Chapter VI\nEnforcement and Inspection",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Provisions for handing over enforcement of Act to authorities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Powers and duties of Inspectors.",
            "chapter": null,
            "content": "(i) advice the employers and workers and provide them such information as may be considered necessary for complying with the provisions of this Act effectively;\n(ii) inspect the shops or establishments in accordance with the scheme for inspection referred to in sub-section (3), and may-\n(a) enter, at all reasonable time 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 a shop or establishment;\n(b) make such examination of the premises and of any prescribed registers, records and notices, and take on the spot or otherwise evidence of any persons as he may deem necessary for carrying out the purposes of this Act;\n(c) examine any person who is found in any premises of the shop or establishment and whom, the Inspector has reasonable cause to believe, is a worker of the shop or establishment;\n(d) require any person to give any information, which is in his possession with respect to the names and addresses of the persons;\n(e) search, seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act and which he has reason to believe has been committed by the employer;\n(f) bring to the notice of the State Government defects found during inspection; and\n(g) exercise such other powers, as may be prescribed: Provided that, no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself.\nChapter VII\nRecords and Returns",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Maintenance of registers and records.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Annual returns.",
            "chapter": null,
            "content": "Chapter VIII\nOffences and Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Penalty for non-registration of shop or establishment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Penalty for contravention of the provisions of the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Penalty for contravention of the provisions of the Act resulting in accident.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Offences by companies.",
            "chapter": null,
            "content": "(a) \"company\" means anybody corporate and includes a firm or other association of individuals; and\n(b) \"director\" in relation to a firm, means a partner in the firm.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Penalty for obstructions or refusal to provide register, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Cognizance of offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Compounding of offences.",
            "chapter": null,
            "content": "(a) of commission of a similar offence which was earlier compounded;\n(b) of commission of a similar offence for which such person was earlier convicted.\nChapter IX\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Opening and closing hours.",
            "chapter": null,
            "content": "(a) (i) in Municipal Corporation Area, or\n(ii) on National Highway, or\n(iii) on Railway Platform, or\n(iv) at State Roadways bus station premises, or\n(v) in Hospital premises, or\n(vi)on petrol pumps, may remain open 24 hours on any day of the week:\n(b) in Municipality area or on State Highway may be opened except from 2.00 A.M to 6.00 A.M.:\n(c) in the areas other than the areas mentioned in clauses (a) and (b) above in district or on minor road may be opened except from 11.00 P. M. to 6.00 A.M.:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Protection of right of workers under any other law, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Act not in derogation of any other law.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Power to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Power to remove difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Repeal and saving.",
            "chapter": null,
            "content": "(a) every appointment, order, rule, bye-law, regulation, notification, registration or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rule, bye-law, regulation, notification or notice made, issued or given under this Act;\n(b) any proceeding relating to the trial of any offence punishable under the provisions of the Act so repealed shall be continued and completed as if the said Act had not been repealed but had continued in operation and any penalty imposed on such proceedings shall be recovered under the Act so repealed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        }
    ],
    "metadata": {
        "Act ID": "guj254",
        "Act Number": "(Gujarat Act No. 4 of 2019)",
        "Enactment Date": "",
        "Act Year": "2019",
        "Short Title": "Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}