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State of Gujarat - Act

The Bombay Shops and Establishments Act, 1948

GUJARAT
India

The Bombay Shops and Establishments Act, 1948

Act 79 of 1948

  • Published on 11 January 1949
  • Commenced on 11 January 1949
  • [This is the version of this document from 11 January 1949.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Bombay Shops and Establishments Act, 1948Bombay Act No. 79 of 1948[Dated 11th January, 1949]For Statement of Objects and Reasons, see Bombay Government Gazette. 1948, Part V, page 499.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 certain other purposes, hereinafter specified; It is hereby enacted as follows:

Chapter 1
Preliminary

1. Short title, extent and operation.

(1)This Act may be called the Bombay Shops and Establishments Act, 1948.
(2)[ It extends to the whole of the State of Gujarat.] [Sub section (2) was substituted for original by Gujarat 11 of 1962, section 2(1).]
(3)It shall in the first instance come into force in the local areas specified in Schedule I;[Provided that, in the areas in which all or any of the provisions of the Saurashtra Shops and Establishments Act 1955, (Saurashtra Act. No. X of 1955), were in force immediately before the commencement of the Bombay Shops and Establishments (Gujarat Extension and Amendment) Act, 1961 (Gujarat XI of 1962) all the provisions of this Act shall come into force in such commencement.] [This provision, was added by Gujarat 11 of 1962, section 2(2).]
(4)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall by notification published in the Official Gazette direct that all or any of the provisions of this Act shall come into force in such other areas having a population of twenty-five thousand and more as may be specified in the notification.
(5)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950] Government may also by a like notification direct that all or any of the provisions of this Act shall come into force in such local areas having population less than twenty-five thousand as may be specified in the notification.

2. Definitions.

- in this Act, unless there is anything repugnant in the subject or context,
(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;
(2)[ "Child" means a person who has not completed his fourteenth year] [Clause (2) was substituted by Gujarat 35 of 1980, section 2.];
(3)[ "Closed" means not open for the service of any customer, or for any business, of the establishment, or for work, by or with the help of any employee, of or connected with the establishment] [Clause (3) was substituted for the original by Gujarat 11 of 1962, section 3(a)];
(4)"Commercial establishment" means an establishment which carries on, any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and 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 on [whether for purposes of gain or not,] [These words were inserted by Bombay 28 of 1952, section 2(1).] 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, eating house, theatre or other place of public amusement or entertainment;
(5)"Day" means the period of twenty-four hours beginning at midnight:Provided that in the case of an employee whose hours of work extend beyond midnight, day means the period of twenty-four hours beginning when such employment commences irrespective of midnight;
(6)[ "Employee" means a person wholly or principally employed, whether directly or through any agency, and whether for wages or other consideration, in or in connection with any establishment; and includes an apprentice, but does not include a member of the employer's family] [Clause (6) was substituted for the original by Gujarat 11 of 1962, s 3(b).];
(7)"Employer" means a person owning or having ultimate control over the affairs of an establishment;
(8)"Establishment" means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place of public amusement or entertainment to which this Act applies and includes such other establishment as the [State] [This word was substituted for the word Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;
(9)"Factory" means any premises which is a factory within the meaning of [clause (m) of Section 2 of the Factories Act, 1948. (LXIII of 1948) or which is deemed to be a factory Section 85 of the said Act] [This portion was substituted for the words beginning with the words, brackets and letter 'clause (j) and ending with the words 'the said Act' by Bombay 17 of 1949, section (2).];
(10)"Goods" includes all materials, commodities and articles;
(11)"Holiday" means a day on which an establishment shall remain closed or on which an employee shall be given a holiday under the provisions of this Act;
(12)"Inspector" means an Inspector appointed under Section 48;
(13)"Leave" means leave provided for in Chapter VII of this Act;
(14)"Local area" means any area or combination of areas to which this Act applies;
(15)[ "Local authority" means - [Clause (15) was substituted for the original by Gujarat 11 of 1962, section 3(c).]
(i)a municipal corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bombay L1X of 1949);
(ii)[ a municipality constituted under the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964) and
(iii)a district Pancahyat constituted under the Gujarat Panchayats Act, 1961 (Gujarat 6 of 1962);]
and includes any other body which the State Government may by notification in the Official Gazette, declare to be a local authority for the purposes of this Act];
(16)"Manager" means a person declared to be a manager under Section 7;
(17)"Member of the family of an employer" means the husband, wife, son, daughter, father, mother, brother or sister of an employer who lives with and is dependent on such employer
(18)[ "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 employee of or connected with the establishment;] [Clause (18) was substituted for the original by Gujarat 11 of 1962, section 3(d).]
(19)"Period of work" means the time during which an employee is at the disposal of the employer;
(20)"Prescribed" means prescribed by rules made under this Act;
(21)"Prescribed authority" means the authority prescribed under the rules made under Act;
(22)"Register of establishments" means a register maintained for the registration of establishment under this Act;
(23)"Registration certificate" means a certificate showing the registration of an establishment [granted or renewed under section 7] [These words and figure were inserted by Gujarat 11 of 1962. section 3(e).];
(24)"Residential hotel" means any premises used for the reception of guests and travellers desirous of dwelling or sleeping therein and includes a presidential club];
(25)"Restaurant or eating house" means any premises in which is carried on wholly or principally the business of the supply of meals or refreshments to the public or a class if the public for consumption on the premises;
(26)"Schedule" means a Schedule appended to this Act;
(27)"Shop" means any premises where goods are sold, either by retail or wholesale or 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] [These words were substituted for the word 'used' by Bombay 28 of 1952, section 2. (3)] in connection with such trade or business but does not include a factory, a commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;
(28)"Spread-over" means the period between the commencement and the termination of work of an employee on any day;
(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 defined in the Payment of Wages Act, 1936: (V of 1936);
(31)"Week" means the period of seven days beginning at midnight of Saturday,
(32)[ "Year means a year commencing on the first day of January] [Clause (32) was substituted for the original by Gujarat 11 of 1962, section 3 (f).];
(33)"Young person" means a person who is not a child and has completed his seventeenth year.

3. Reference to time of day.

- Reference to the time of day in this Act are references to Indian standard time which is five and a half hours ahead of Greenwich mean time.

4. Exemptions.

- [(1)] [Section 4 was renumbered as sub-section (1) of that section by Gujarat 26 of 1977, section 3.] Notwithstanding anything contained in this Act, the provisions of this Act mentioned in the third column of Schedule II shall not apply to the establishments, employees and other persons mentioned against them in the second column of the said Schedule:Provided that the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification published in the Official Gazette, add to, omit or alter any of the entries if the said Schedule [subject to such conditions, if any, as may be specified in such notification] [These words were inserted by Bombay 28 of 1952, section 3.] and on the publication of such notification, the entries in either column of the said Schedule shall be deemed to be amended accordingly.[[(2) Every notification issued under the proviso to sub-section (1) shall be laid for not less than thirty days before the State Legislature as soon as may be after it is issued and shall be subject to such rescission by the State Legislature or to such modification as the State Legislature may make during the session in which the notification is so laid or the session immediately following.] [Sub-section (2) was inserted by Gujarat 26 of 1977, section 3.]
(3)Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.]

5. Application of Act to other establishments and persons.

(1)Notwithstanding any thing contained in this Act, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification in the Official Gazette, declare any establishment or class of establishments to 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 the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government be necessary shall apply from such date as may be specified in the notification.
(2)On such declaration under sub-section (1), any such establishment or class of establishments or such persons or class of persons shall be deemed to be an establishment or class of establishments to which, or to be an employee or class of employees to whom, this Act applies and all or any of the provisions of this Act with such adaptation or modification as may be specified in such declaration, shall apply to such establishment or class of establishments or to such employee or class of employees.

6. Suspension of all or any of the provisions of this Act.

- The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, be 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 conditions as it deems fit on account of any Holidays or occasions.

Chapter II
Registration of Establishments

7. Registration of establishments.

(1)Within the period specified in sub-section (4), the employer of every establishment shall send to the Inspector of the local area concerned a statement, in a prescribed form, together with such fees as maybe prescribed, containing-
(a)the name of the employer and the manager, if any,
(b)the postal address of the establishment;
(c)the name, if any, of the establishment;
(d)the category of the establishment, i.e., whether it is a shop, commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; and
(e)such other particulars as may be prescribed.
(2)On receipt of the statement and the fees, the Inspector shall, on being satisfied about 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.[***] [Deleted by Gujarat 11 of 1962, section 4, (1).]
(3)In the event of any doubt or difference of opinion between an employer and the Inspector as to the category to which an establishment should belong the Inspector shall refer the matter to the prescribed authority which shall, after such inquiry as it thinks proper, decide the category of such establishment and its decision shall be final for the purposes of this Act.
(4)Within thirty days from the date mentioned in column 2 below in respect of an establishment mentioned in column 1, the statement together with fees shall be sent to the Inspector under sub-section (1):
Establishments Date from which the period of 30 days tocommence
1 2
(i) Establishments existing in local areasmentioned in Schedule I on the date on which this Act comes intoforce. The date on which this Act comes into force.
(ii) Establishments existing in local areas onthe date on which this section comes into force. The date on which this section comes into forcein the local areas.
(iii) New establishments in local areasmentioned in Schedule I and other local areas in which thissection has come Into force. The date on which the establishment commencesits work.
(5)[ A registration certificate granted under sub-section (2) shall unless it is cancelled earlier, remain in force from the date of its grant upto the end of the year in which it is granted, and shall be renewable from time to time [for a period not exceeding [five years] [Sub-sections (5), (6), (7), (8) and (9) were inserted by Gujarat 11 of 1962, section 4(2).] at a time] so however that any such period shall not include a fraction of a year]:Provided that a registration certificate granted before the commencement of the Bombay Shops and Establishments (Gujarat Extension and Amendment) Act, 1961 (Gujarat XI of 1962), and in force immediately before such commencement shall remain in force upto the end of December, 1961 unless it is cancelled earlier.
(6)An employer, holding a registration certificate shall, except in the circumstances mentioned in section 9, make an application for its renewal in the prescribed form to the Inspector not later than fifteen day's before the date of its expiry. Such application shall be accompanied by such fee as may be prescribed.
(7)On receipt of an application in accordance with sub-section (6), the Inspector shall on being satisfied about the correctness of the particulars mentioned in the application renew the registration certificate in the prescribed form.
(8)The registration certificate renewed under sub-section (7) shall, unless it is cancelled earlier, remain in force [for the period] [These words were substituted for the words 'for the year' by Gujarat 26 of 1977, section 4(2).] for which it is renewed.
(9)The registration certificate shall be prominently displayed at the premises of the establishment.]

8. Change to be communicated to Inspector.

- It shall be the duty of an employer to notify to the Inspector, in a prescribed form [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 prescribe in respect of any establishment or class of establishments] [This portion was substituted for the portion beginning with the words 'any change' and ending with the words 'taken place' by Bombay 28 of 1952, section 4.]. The Inspector shall, 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 notice and shall amend the registration certificate or issue a fresh registration certificate, if necessary.

9. Closing of establishment to be communicated to Inspectors.

- 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 establishments and cancel the registration certificate,[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 from such register and cancel such certificate.] [This proviso was added by Bombay 28 of 1952, section 5.]

Chapter III
Shops and Commercial Establishments

10. Opening hours of shops.

(1)No shop-
(a)dealing wholly in milk, vegetables, fruit, fish, meat, bread or any other goods notified by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall in any day be opened earlier than 5 a.m.;
(b)[****] [The words 'dealing in goods' were deleted by Bombay 53 of 1949, section 2. first Schedule.] other than those specified in clause (a) of this sub-section, shall on any day be opened earlier than 7-00 a.m.
(2)Subject to the provisions of sub-section (1), the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may fix later opening hours for different classes of shops or for different areas or for different periods of the year.

11. Closing hours of shops.

(1)Notwithstanding anything contained in any other enactment for the time being in force, no shop-
(a)[* * *] [The words 'dealing in goods' were deleted by Bombay 53 of 1949, section 2. first Schedule.] other than those specified in clause (b) of this sub-section, shall on any day be closed later than 8-30 p.m.;
(b)[dealing mainly in] [These words were substituted for the words 'dealing in' by Gujarat 11 of 1962, section 5.] pan, bidi, cigarettes, matches and other ancillary articles shall on any day be closed later than 11 p.m.:
Provided that any customer who has being served or was waiting to be served at such closing hour in any shop may be served in such shop during the quarter of an hour immediately following such hour.
(2)Subject to the provisions of sub-section (1), the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may fix earlier closing hours for different classes of shops or for different areas or for different periods of the year.

12. Hawking prohibited before opening and after closing hours of shops.

(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 the shops dealing in the same class of goods in the locality in which such street or public place is situate.[Provided that nothing in this sub-section shall apply to the sale of newspapers.] [This proviso was added by Gujarat 11 of 1962, section 6.]
(2)Any person contravening the provisions of sub-section (1) shall be liable to have his goods seized by an Inspector.
(3)[ The goods seized under sub-section (2) shall be returned to the person from whom they were seized on his depositing rupees twenty-five as security for his appearance in the Court.
(4)If the person fails to make the deposit, the goods seized shall be produced without delay before a Magistrate who may give such directions as to their temporary custody as he thinks fit.
(5)Where no prosecution is instituted for contravention of the provisions of sub-section (I) within such period as the Magistrate may fix in this behalf, the Magistrate shall direct their return to the person from whom they were seized.
(6)Subject to the provisions of the preceding sub-section, the provisions of the [Code of Criminal Procedure, 1898, (V of 1898)] [Sub-section (3) to (6) were substituted for the proviso by Bombay 28 of 19.52, section 6.] shall, so far as they may be applicable, apply to the disposal of the goods seized under this Section.]

13. Opening and closing hours of commercial establishments.

(1)No commercial establishment shall be on any day be opened earlier than 30 a.m. and closed later than 8-30 p.m.
(2)Subject to the provisions of sub-section (1), the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may fix later opening or earlier closing hours for different classes of commercial establishments or for different areas or for different periods of the year.

14. Daily and weekly hours of work in shops and commercial establishments.

(1)Subject to the other provisions of this Act, no employee shall be required or allowed to work in any shop or commercial establishment for more than nine hours in any day and forty-eight hours in any week.
(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 sub-section (1) if such period does not exceed three hours in any week.
(3)On not more than six days in a year which the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may fix by rules made in this behalf, for purposes of making of accounts, stock taking settlements or other prescribed occasions, any employee may be required or allowed to work in a shop or commercial establishment in excess of the period fixed under sub-section (1), if such excess period does not exceed twenty-four hours.

15. [ Interval for rest. [Section 15 was substituted for the original by Bombay 28 of 1952, section 7.]

- [(1) The period of work of an employee in a shop or commercial establishment of 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 hours before he has had [an interval for rest of at least-](i)half an hour, if he is employed in a commercial establishment engaged in any manufacturing process, and(ii)one hour in any other case, subject, however, to the provisions of subsection (2)].
(2)[ In the case of employees other than those employed in a commercial establishment engaged in any manufacturing process, the State Government, on an application made in that behalf by the employees concerned, may permit the reduction of the interval for rest to half an hour.] [Section 15 was substituted for the original by Bombay 28 of 1952, section 7.]

16. Spread-over in shops.

- The spread-over of an employee in a shop shall not exceed eleven hours in any day:Provided that in cases where any shop is on any day entirely closed for a continuous period of not less than three hours, the spread-over shall not exceed twelve hours in that day:Provided also that where an employee works on any day in accordance with the provisions of sub-section (2) of Section 14, the spread-over shall not exceed fourteen hours in any such day and where he works on any day in accordance with the provisions of sub-section (3) of the said section, the spread-over shall not exceed sixteen hours in any such day.

17. Spread-over in commercial establishments.

- The spread-over of an employee in a commercial establishment shall not exceed eleven hours in any day:Provided that the [State] [Section 15 was substituted for the original by Bombay 28 of 1952, section 7.] Government may increase the spread-over period subject to such conditions as it may impose either generally or in the case of a particular commercial establishment or a class or classes of commercial establishments.

18. Holidays in a week in shops and commercial establishments.

- [(1) Every shop and commercial establishment shall remain closed on one day of the week. [Except where the day is fixed under sub-section (IB) the employer shall] [Sub-sections (1) and (IA) were substituted for the original sub-section (1) by Bombay 28 of 1952, section 8(1).] prepare a calendar or list of such closed days [***] [The words 'at the beginning of the year' were deleted by Gujarat 11 of 1962, section 8(1) (ii).] notify such calendar or list to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the shop or commercial establishment. [Such calendar or list shall be prepared at the beginning of the year but in the case of a shop or establishment to which this Act becomes applicable for the first time after the beginning of a year, the first calendar or list for the remaining part of the year shall be prepared before the expiry of one month from the date of the application of this Act thereto.] [This portion was added by Gujarat 11 of 1962., section 8 (1) (iii).]
(1A)Notwithstanding anything contained in sub-section (1), [but except where the day is fixed under sub-section (IB)] [These words, brackets, figure and letter were inserted by Gujarat 11 of 1962., section 8(2).], a shop or commercial establishment may remain open on any day notified as [a closed day] [These words were substituted for the words, 'closed day' by Gujarat 11 of 1962.] under sub-section (1), if-
(a)it remains closed on any other day of the week; and
(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 substituted under clause (a), at least seven days before the substituted day or the day notified as closed day under sub-section (1), whichever is earlier.]
(1B)[ (a) Notwithstanding anything contained in sub-section (1) in respect of any area within the jurisdiction of a local authority, the local authority and in respect of any other area, the State Government may by an order published in the prescribed manner, fix the day on which a shop or commercial establishment shall remain closed every week; and different days may be fixed with reference to different classes of shops or establishments, different parts of the same area or different periods of the year.
(b)Every shop and commercial establishment to which such order applies shall remain closed accordingly:
Provided that nothing in this clause shall apply to a shop or commercial establishment, the employer of which has notified to the Inspector at the beginning of the year his intention to close the shop or commercial establishment on a public holiday within the meaning of the Negotiable Instruments Act, 1881] (XXVI of 1881).
(c)The making of an order under clause (a) shall be subject to the condition of previous publication.]
(2)It shall be lawful for an employer to call an employee at, or for an employee to go 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 or commercial establishment remains closed.
(3)No deduction shall be made from the wages of any employee in a shop or commercial establishment on account of any day on which it has remained closed under this Section. If any employee is employed on a daily wage, he shall nonetheless be paid his daily wage for the day on which such shop or commercial establishment remains closed. [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 six days preceding such closed day, exclusive of any earning in respect of overtime:] [This portion was added by Bombay 28 of 1952, s.8(2).][Provided that nothing in this sub-section shall apply to any person whose total period of continuous employment is less than six days.] [This proviso was added by Bombay 28 of 1952, section 8(3).]

Chapter IV
Residential Hotels, Restaurants and Eating Houses

19. Opening and closing hours of restaurants and eating houses.

(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. and closed later than 11p.m. for service: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 required to work later than 11-30 a.m.:Provided also that any customer who was being served or waiting to be served at the closing hour of such restaurant or eating house may be served in such restaurant or eating house during the quarter of an hour immediately following such hour.
(2)Subject to the provisions of sub-section (1), the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may fix later opening or earlier closing hours for different restaurants or eating houses or for different areas or for different periods of the year.
(3)Notwithstanding anything contained in this section or any other enactment for the time being in force, on not more than ten days in a year on festive or special occasions, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification in the Official Gazette, fix such opening and closing hours for different restaurants or eating houses or for different areas, as it thinks proper.

20. Restaurants and eating houses not to sell goods of the kind sold in shops before the opening and after the closing hours of shops.

- Before and after the hours, fixed for the opening and closing of shops under Sections 10 and 11, no goods of the kind sold in such shops shall be sold in any restaurant or eating house except for consumption on premises.

21. Daily hours of work in residential hotels, restaurants and eating houses.

(1)Except on the days that may be notified under sub-section (3) of section 19, no employee shall be required or allowed to work in any residential hotel, restaurant or eating house for more than nine hours in any day.
(2)On the days which may be notified under sub-section (3) of Section 19, any employee may be required or allowed to work in a residential hotel, restaurant or eating house in excess of the period fixed under sub-section (1), if such excess period does not exceed three hours in any day.

22. [ Interval for rest. [Section 22 was substituted for the original by Bombay 28 of 1952, section 9.]

- The period of work of an employee in a residential hotel, restaurant or eating house 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 hours before he has had an interval for rest of at least one hour:] [This sub-section was inserted by Gujarat 11 of 1962., section 8(3).][Provided that, the State Government may, on an application made in that behalf by the employees concerned; permit the reduction of the interval for rest to half an hour] [This proviso was added by Gujarat 11 of 1962, section 9.],

23. Spread-over.

- The spread-over of an employee in a residential hotel, restaurant or eating house shall not exceed fourteen hours:Provided that the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may increase the spread-over period subject to such conditions as it may impose on the days that may be notified under sub-section (3) of section 19.

24. Holidays in a week.

(1)Every employee in a residential hotel, restaurant or eating house shall be given at least one day in a week as a holiday:Provided that nothing in this sub-section shall apply to an employee whose total period of employment in any week is less than six days.
(2)It shall not be lawful for an employer to call an employee at, or for an employee to go to, his residential hotel, restaurant or eating house or any other place for any work in connection with the business of his residential hotel, restaurant or eating house on a day on which such employee has a holiday.
(3)No deduction shall be made from the wages of any employee in a residential hotel, restaurant or eating house on account of any holiday given to him under sub-section (1). If an employee is employed on a daily wage, he shall none the less be paid his daily wage for the holiday.

25. [ Employer to furnish identity card to employee].

- Deleted by Gujarat 26 of 1977, section 5.

Chapter V
Theatres or Other Places of Public Amusement or Entertainment

26. Closing hour of theatres or other places of public amusement or entertainment.

- Notwithstanding anything contained in any other enactment for the time being in force, no theatre or other place of public amusement or entertainment shall, on any day, be closed later than twelve mid-night.

27. Theatres or other places, of public amusement or entertainment not to sell goods of the kind sold in shops after the closing hours of shops.

- After the hour fixed for the closing of shops under Section 11, no goods of the kind sold in a shop shall be sold in any theatre or other place of public amusement or entrainment except for consumption on premises.

28. [ Daily hours of work in theatres or other places of public amusement or entertainment. [Section 28 was substituted for the original by Bombay 28 of 1952, section 11.]

(1)No employee shall be required or allowed to work in any theatre or other places of public amusement or entertainment for more than nine hours in any day.
(2)Any employee may be required or allowed to work in a theatre or other place of public amusement or entertainment for any period in excess of the limit fixed under sub-section (1), if such period does not exceed six hours in any week.]

29. [ Interval for rest. [Section 29 was substituted for the original by Bombay 28 of 1952.,. section 12.]

- The period of work of an employee in a theatre or other places 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 hours before he has had an interval for rest of at least one hour;][Provided that, the State Government may, on an application made in that behalf by the employees concerned, permit the reduction of the interval for rest to half an hour:] [This proviso was added by Gujarat 11 of 1962, section 10.]

30. Spread-over.

- The spread-over of an employee in a theatre or other place of public amusement or entertainment shall not exceed eleven hours in any day:Provided that the [State] [This words was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may increase the spread-over period subject to such conditions as it may impose either generally or in the case of a particular theatre or other place of public amusement or entertainment.

31. Holidays in a week.

(1)Every employee in a theatre or other place of public amusement or entertainment shall be given at least one day in a week as a holiday:Provided that nothing in this sub-section shall apply to an employee whose total period of employment in any week is less than six days.
(2)It shall not be lawful for an employer to call an employee at, or for an employee to go to, his theatre or other place of public amusement or entertainment or any other place for any work in connection with the business of his theatre or place of public amusement or entertainment on a day on which such employee has a holiday.
(3)No deduction shall be made from the wages of an employee in a theatre or other place of public amusement or entertainment on account of any holiday given to him under sub-section (1). If an employee is employed on a daily wage, he shall nonetheless be paid his daily wage for the holiday given to him.

Chapter VI
Employment of Children, Young Persons and Women

32. No child to work in any establishment.

- No child shall be required or allowed to work whether an employee or otherwise in any establishment, notwithstanding that such child is a member of the family of the employer.

33. Young persons and women to work between 6 a.m. and 7 p. m.

- No young person or woman, shall be required or allowed to work, whether as an employee or otherwise, in any establishment before 6-00 a.m. and after 7 p. m., notwithstanding that such young person or woman is a member of the family of the employer.

34. Daily hours of work for young persons.

(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 than six hours in any day.
(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 an interval for rest of at least half an hour.

34A. [ Prohibition of employment of young persons and women in dangerous work. [Sub-section 34A was inserted by Gujarat 11 of 1962, section 11.]

- No young person or woman working in any establishment, whether as an employee or otherwise, shall be required or allowed to perform such work as may be declared by the State Government by notification in the Official Gazette, to be work involving danger to life, health or morals.]

Chapter VII
Leave with Pay and Payment of Wages

35. Leave.

- [(1) (a) Subject to the provisions of clause (b), every employee who has been employed 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 more than five days:(b)every employee who has worked for not less than two hundred and forty days during a year shall be allowed leave, consecutive or otherwise, for a period of not less than twenty-one days:Provided that such leave may be accumulated up to a maximum period of [sixty-three days] [Sub-section (1) was substituted for the original by Gujarat 11 of 1962, section 12 (i).].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 section 18, or on which he is entitled to a holiday under sub-section (1) of Section 24 or Section 31.)
(1A)[ Every employee who has accumulated leave shall, when he goes on leave for a period of not less than twenty-one days, be entitled to surrender, out of the balance of leave remaining to his credit on the commencement of his leave, any period of leave, not exceeding twenty-one day; and such employee shall, for the period of leave so surrendered by him, be entitled to payment of wages as if the leave so surrendered had been allowed to him under sub-section (1):Provided that no employee shall be entitled to surrender leave under this sub-section more than once in any period of two years.
(1B)In addition to the leave permissible under sub-section (1), every employee shall be entitled to leave with wages as follows
(i)casual leave for seven days in a year;
(ii)leave on medical grounds for not more than seven days in year, and
(iii)leave for not more than four days in a year on any of the days which the State Government, may by notification in the Official Gazette, specify to be the National and Festival holidays.]
(2)If an employee entitled to leave under sub-section (1) [retires, resigns or] [These words were inserted by Gujarat 26 of 1977, 6 (3).] [****] [The word, brackets, figure and letter 'or (1A)' were deleted by Gujarat 1 of 1962, section 12 (iii).] is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under Section 36 in respect of the leave.
(3)If an employee entitled to leave under sub-section (1) [***] [The word, brackets, figure and letter 'or (1A)' were deleted by Gujarat 1 of 1962, section 12 (iii).] is refused the leave, he may give intimation to the Inspector or any other officer authorised in this behalf by the [State] [This words was substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] Government regarding such refusal. The Inspector shall enter such intimation in a register kept in such form as may be prescribed.

36. Pay during leave.

- Every employee shall be paid for the period of his leave at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime.

37. Payment when to be made.

- An employee who has been allowed leave under Section 35 shall, before his leave begins, be paid half the total amount due to him for the period of such leave.

38. Application and amendment of the Payment of Wages Act.

(1)Notwithstanding anything contained in the Payment of Wages Act, 1936 (IV of 1936), herein referred to as "the said Act", the [State] [These sub-section were inserted by Gujarat 26 of 1977, section 6(2).] Government may, by notification published in the Official Gazette, direct that subject to the provisions of sub-section (2) the said Act [shall, in such local areas as may be specified in the notification apply] [These words were substituted for the words 'shall apply' by Bombay 58 of 1954, section 2.] to all or any class of establishments or to all or any class of employees to which or whom this Act for the time being applies.
(2)On the application of the provisions of the said Act to any establishment or to any employees 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 his jurisdiction.

38A. [ Application of Act VIII of 1923 to employees of establishment. [Section 38A was inserted by Gujarat 11 of 1962, section. 13.]

- The provisions if the Workmen's Compensation Act, 1923 (VIII of 1923) and the rules made from time to time thereunder, shall, mutatis mutandis apply to every employee (other than an employee who is in receipt of monthly wages exceeding [one thousand rupees] [These sub-sections were inserted by Gujarat 26 of 1977, section 6(2).] of an establishment to which this Act applies [***] [The portion beginning with the words 'and in which at least five employees' and ending with the words 'of that Act' was deleted by Gujarat 26 of 1977., section 7 (ii).].Explanation. - For the purposes of this section the expression "wages' shall have the same meaning as is assigned to it under the Workmen's Compensations Act, 1923 (VIII of 1923).]

Chapter VIII
Health and Safety

39. Cleanliness.

- The premises of every establishment shall be kept clean and free from effluvia-rising from any drain or privy or other nuisance and shall be cleaned at such times and by such method, as may be prescribed. These methods may include lime washing, colour washing, painting, varnishing, disinfecting and deodorising.

40. Ventilation.

- The premises of every establishment shall be ventilated in accordance with such standards and by such methods as may be prescribed.

41. Lighting.

(1)The premises of every establishment shall be sufficiently lighted during all working hours.
(2)If it appears to an Inspector that the premises of any establishment within his jurisdiction are not sufficiently lighted, 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.

42. Precautions against fire.

- In every establishment except such establishment or class of establishments as may be prescribed, such precautions against fire shall be taken as may be prescribed.

42A. [ First Aid. [Section 42A was inserted by Bombay 28 of 1952, section 14.]

- In every establishment wherein a manufacturing process as defined in clause (k) of Section 2 of the Factories Act, 1948, (LXIII of 1948) is carried on, there shall provide and maintained a first aid box containing such articles as may be prescribed.]

Chapter IX
Enforcement and Inspection

43. Powers and duties of local authorities.

- Save as otherwise provided in this Act, it shall be the duty of every local authority to enforce, within the area subject to its jurisdiction, the provisions of this Act, subject to such supervision of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government as may be prescribed.Provided that the local authority may by order direct that the said duty of enforcing the provisions of this Act shall be discharged, in such circumstances and subject to such condition, if any, as may be specified in the order, by its Chief Executive Officer or any other officer subordinate to it;Provided also that in respect of the areas not subject to the jurisdiction of any local authority, it shall be the duty of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to enforce the said provisions.

43A. [ Power of State Government to enforce provisions of Act within areas of local authorities. [This section was inserted by Gujarat 26 of 1977, section 8.]

- Notwithstanding anything contained in Sections 43 the State Government by notification in the Official Gazette, direct that in the areas subject to the jurisdiction of such local authority as may be specified in the notification the provisions of this Act shall be enforced by the State Government from such date and for such period as may be specified in the notification and thereupon such local authority and officers of such local authority shall be discharged from the duty of enforcing the provisions of this Act within such area from the date and for the period as so specified:Provided that the bye-laws, if any, made by the local authority under section 44 and in force in such area before the date so specified shall continue to be in force with amendments, if any, made therein, until such bye-laws are amended or superseded by the State Government.]

44. Power to make bye-laws.

- A local authority empowered under Section 43 to enforce the provisions of this Act may, with the previous sanction of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, make by-laws not inconsistent with the provisions of the Act, or the rules or orders made by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government thereunder, for the purpose of carrying out the provisions of this Act.

45. Delegation.

(1)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by order direct that any of its functions under any of the provisions mentioned below shall, in such circumstances and subject to such conditions, if any, as may be specified in the order, be exercised or discharged by any local authority or any officer subordinate to it [in the area within the jurisdiction of the local authority] [These words were inserted by Gujarat 11 of 1962, section 14.] namely:-[Section 6, sub-section (2) of section 11] [These words, brackets, and figures were substituted for the words, brackets and figures 'subsection (2) of section 11' by Gujarat 11 of 1962,], sub-section (2) of section 13, section 17, sub-sections (2) and (3) of section 19, section 23 and section 30.
(2)Nothing in this Act shall derogate from the right of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to exercise any or all the functions hereby delegated to any local authority or officer subordinate to it.

46. Power of [State] Government to provide for performance of duties on default by local authority.

(1)If any local authority makes default in the performance of any duty imposed by or under this Act, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may appoint some person to perform it and may direct that the expense of performing it with a reasonable remuneration to the person appointed to perform it shall be paid forthwith by the local authority.
(2)If the expense and remuneration are not so paid, the [State] Government may, notwithstanding anything contained in any law relating to the municipal fund or local fund or any other law for the time being in force, make an order directing the bank in which any moneys of the local authority are deposited or the person in charge of the local Government Treasury or of any other place of security in which the moneys of the local authority are deposited to pay such expense and remuneration from such moneys as may be standing to the credit of the local authority in such bank or may be in the hands of such person or as may from time to time be received from or on behalf of the local authority by way of deposit by such bank or person; and such bank or person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such bank or person from all liability to the local authority in respect of any sum or sums so paid by it or him out of the moneys of the local authority so deposited with such bank or person.

47. Expenses of local authority to be paid out of its fund.

- Notwithstanding anything contained in any enactment in regard to any municipal or local fund, all expenses incurred by a municipality [or any other local authority] [These words were substituted for the words 'or a local board' by Gujarat 26 of 1977, section 9.] under and for the purposes of this Act shall be paid out of the municipal or local fund, as the case may be.

48. [ Appointment of Inspectors. [Section 43 was substituted for the original by Gujarat 11 of 1962, section 15.]

(1)For an area [within the jurisdiction of a local authority whose duty it is to enforce the provisions of this Act] the local authority and for other areas the State Government shall, subject to the provisions of sub-section (3), appoint as many inspectors as the local authority or the State Government, as the case may be, may deem necessary for the purpose of carrying out the provisions of this Act.
(2)Notwithstanding anything contained in sub-section (1), in the areas within the jurisdiction of a local authority, the State Government may appoint Inspectors for such supervision as the State Government may prescribe.
(3)A person possessing the prescribed qualifications shall be qualified for being appointed as an Inspector.
(4)A local authority or, as the case may be, the State Government may direct that the powers conferred on it by this section shall in such circumstances, and subject to such conditions (if any), as may be specified in the direction, be exercised-
(a)in the case of a local authority, by its standing committee or by any committee appointed by it in this behalf or, if such local authority is a municipal corporation by its Municipal Commissioner or Deputy Municipal Commissioner, and
(b)in the case of the State Government, by any officer subordinate to it.]

49. Powers and duties of Inspectors.

- Subject to any rules made by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] 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] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950] 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 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; and
(c)exercise such other powers as may be necessary for carrying out the purposes of this Act:
Provided that on one shall be required under this Section to answer any question or give any evidence tending to incriminate himself,

50. Inspectors to be public servants.

- Every Inspector appointed under Section 48 shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (XLV of 1860).

51. Employer [and manager] [These words were inserted by Gujarat 26 of 1977, section 15(2).] to produce registers, records, etc., for inspection.

- Every employer [and in his absence the manager] [These words were inserted, by Bombay 28 of 1952, section 15(1).] 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.

Chapter X
Offences and Penalties

52. Contravention of certain provisions and offences.

(a)If any employer fails to send to the Inspector a statement within the period specified in Section 7 [or fails to apply for the renewal of his registration certificate as required by sub-section (6) of section 7] [These words, brackets, and figures were inserted by Gujarat 11 of 1962, section 16(1).] or to notify a change within the period specified in Section 8 or to notify the closing of his establishment under Section 9; or
(b)If in any establishment there is any contravention of any of the provisions of Section 10, 11, 13, 18, 19, 20, 26. 27, 39, 40, 41 or 42 or any orders made thereunder; or
(c)If in any establishment any person is required or allowed to work in contravention of Section 14, 15. 16, 17. 21, 22, 23, 24, 28, 29. 30 or 31; or
(d)If any establishment a child or young person or woman is required or allowed to work in contravention of section 32,[33 , 34 or 34A ; or] [ These figures, words, and letter were substituted for the words and figures '33 or 34' by Gujarat 11 of 1962, section 16(2).]
(e)[ If any employer or manager contravenes the provisions of Section 51 or any employer contravenes the provisions of Section 62 or 65; or] [Clause (e) was substituted for the original, by Bombay 28 of 1952. section 16.]
(f)If in any establishment there is any contravention of any Section, rule or order for which no specific punishment is provided in this Act, the employer and the manager shall, on conviction, each be punished with fine which shall not be less than twenty-five rupees and which may extend to two hundred and fifty rupees
[Provided that, if the contravention of the provisions of section 7 is continued after the expiry of the fifteenth day after conviction, the employer shall on conviction be punished with a further fine which may extend to ten rupees for each day on which the contravention is so continued.] [This proviso was added by Gujarat 11 of 1962, section 16(3).]

53. Contravention of Section 12.

- If any person contravenes the provisions of Section 12, he shall, on conviction, be punished with fine which shall not be less than ten rupees and which may extend to fifty rupees].

54. Employee contravening sections 18 (2), 24, 31 and 65.

- If an employee contravenes the provisions of sub-section (2), of Section 18, 24, 31 or 65, he shall, on conviction, be punished with fine which shall not be less than ten rupees and which may extend to fifty rupees].

55. [ False entries by employer and manager.

- If any employer or manager with intent to deceive makes, or causes or allows to be made, in any register, record or notice prescribed to be maintained under the provisions of this Act or the rules made thereunder, an entry which, to his knowledge, is false in any material particular, or wilfully omits or causes or allows to be omitted, from any such register, record or notice, an entry which is required to be made therein under the provisions of this Act or the rules made thereunder, or maintains or causes or allows to be maintained, more than one set of any register, record or notice except the office copy of such notice, or sends, or causes or allows to be sent, to an Inspector, any statement, information or notice prescribed to be sent under the provisions of this Act or the rules made thereunder which, to his knowledge, is false in any material particular, he shall, on conviction, be punished with fine which shall not be less than fifty rupees and which may extend to two hundred and fifty rupees:Provided that if both the employer and the manager are convicted, the aggregate of the fine in respect of the same contravention shall not exceed two hundred and fifty rupees.

56. Enhanced penalty in certain cases after previous conviction.

- If any employer and manager who have been convicted of any offence under sub-section (1) of Sections 10, 11, 13, 14, 18, 19, 24, 31 or 34 or under sub-section (2), or (3) of Section 14 or under Section 55 or under Sections 21, 26, 28, 32, [33, 34A] [These figures and letter were substituted for the figures '33' by Gujarat 11 of 1962, section 17.], 51, 57, 62 or 65, are again guilty of an offence involving a contravention of the same provision, they shall each be punished on the second conviction with fine which shall not be less than fifty rupees and which may extend to five hundred rupees; and if they are again so guilty, they shall each be punished on the Third or any subsequent conviction with fine which shall not be less than seventy-five rupees and which may extend to seven hundred and fifty rupees:Provided that if both the employer and the manager are convicted the aggregate of the fine in respect of the same contravention shall not exceed five hundred rupees on second conviction and seven hundred and fifty rupees on third or any subsequent conviction:Provided further that, for the purposes of this section, no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished:Provided also that the Court, if it is satisfied that there are exceptional circumstances warranting such a course, may, after recording its reasons in writing impose a smaller fine than is required by this section.

57. Penalty for obstructing Inspector.

- Whoever willfully obstructs an Inspector in the exercise any power under Section 49 or conceals or prevents any employee in an establishment from appearing before or being examined by an Inspector, shall, on conviction, be punished with fine which shall not be less than twenty-five rupees and which may extend to two hundred and fifty rupees.

58. Determination of employer for the purposes of this Act.

(1)Where the owner of an establishment is a firm or other association of individuals, any one of the individual partners or members thereof may be prosecuted and punished under this Act for any offence for which an employer in an establishment is punishable:Provided that the firm or association may give notice to the Inspector that it has nominated one of its members who is resident in the [State] [This word was substituted for the word 'Province' by the Adaptation of Laws Order, 1950.] to be the employer for the purposes of this Act and such individual shall so long as he is so resident be deemed to be the employer for the purposes of this Act, until further notice cancelling the nomination as received by the Inspector or until he ceases to be a partner or member of the firm or association.
(2)Where the owner of an establishment is a company, any one of the directors thereof, or in the case of a private company, any one of the share holders thereof may be prosecuted and punished under this Act for any offence for which the employer in the establishment is punishable:Provided, that, the company may give notice to the Inspector that it has nominated a director, or, in the case of a private company, a shareholder who is resident in the [State] [This word was substituted for the word 'Province' by the Adaptation of Laws Order, 1950.] to be the employer in the establishment for the purposes of this Act, and such director or shareholder shall so long as he is so resident be deemed to be the employer in the establishment for the purposes of this Act, until further notice cancelling his nomination as received by the Inspector or until he ceases to be a director or shareholder.

59. Exemption of employer or manager from liability in certain cases.

(1)Where the employer or manager of an establishment is charged with an offence against this Act or the rules or orders made thereunder, he shall be entitled upon complaint duly made by him to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer or manager of the establishment proves to the satisfaction of the Court-
(a)that he has used due diligence to enforce the execution of this Act, and
(b)that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like fine as if he were the employer or manager, and the employer or manager shall be discharged from any liability under this Act.
(2)When it is made to appear to the satisfaction of the Inspector at any time prior to the institution of the proceedings-
(a)that the employer or manager of the establishment has used all due diligence to enforce the execution of this Act.
(b)by what person the offence has been committed, and
(c)that it has been committed without the knowledge, consent or connivance of the employer or manager, and in contravention of his orders, the Inspector shall proceed against the person whom he believes to be the actual offender without first proceeding, against the employer or manager of the establishment, and such person shall be liable to the like fine as if he were the employer or manager.

59A. [ Protection in respect of employment of certain children. [Section 59A was inserted by Gujarat 35 of 1980, section 3.]

- If any specified person has been required or allowed to work whether as an employee or otherwise in an establishment, before the commencement of the Bombay Shops and Establishments (Gujarat Amendment) Act, 1980 (Gujarat 35 of 1989), (hereinafter referred to as "the Amendment Act") and such act of requiring or allowing such specified person to so work was not a contravention of section 32 before such commencement, then nothing contained in this Act as amended by the amending Act, shall be deemed, to render the continuance of the Act of requiring or allowing such person to so work after such commencement a contravention of section 32;Explanation: - For the purposes of this section "specified person" means a person who at the time when he was required or allowed to work whether as an employee or otherwise in an establishment had completed his twelfth year but had not completed his fourteenth year.]

60. Cognizance of offences.

(1)No prosecution under this Act or the rules or orders made thereunder shall be instituted except by an Inspector and except with the previous sanction of the [District Magistrate] [These words were substituted for the words 'State Government' by Bombay 9 of 1951, section 3, Second Schedule.] or the local authority, as the case may be;[Provided that any local authority may direct that the powers conferred on it by this sub-section shall, in such circumstances and subject to such conditions, if any, as may be specified in the direction, be exercised by its standing committee or by any committee appointed by it in this behalf or, if such local authority is a municipal corporation, by its Municipal Commissioner, [or Deputy Municipal Commissioner] [This proviso was added by Bombay 28 of 1952, section 17.] [or by any other officer as may be specified in the directions.] [These words were inserted by Gujarat 26 of 1977, section 11.]
(2)No Court inferior to that of [***] [The words 'a Presidency Magistrate or' were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) order, 1960.] Magistrate of the second Class shall try any offence against this Act or any rule or order made thereunder.

61. Limitation of prosecutions.

- [(1) No court shall take cognizance of any offence under this Act or any rule or order made thereunder, unless complaint thereof is made within [three months from the date on which the alleged commission of the offence came to the knowledge of an Inspector] [These words were substituted for the words 'six months of the date on which the offence is alleged to have been committed' by Bombay 28 of 1952, section 18.].

Chapter XL
Miscellaneous and Supplemental

62. Maintenance of registers and records and display of notices.

- Subject to the general or special orders of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] 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.

62A. [ Employer to furnish identity card to employees. [These section was inserted by Gujarat 26 of 1977, section 12.]

(1)This section shall apply to every residential hotel, restaurant and eating house in the whole of the State and it shall apply to such other establishments or classes of establishments in the whole of the State or any part thereof as may be specified by a notification in the Official Gazette, from such date as may be specified in such notification.
(2)The employer of every establishment to which this section applies shall furnish each employee therein with an identity card which shall be produced by the employee on demand by an Inspector. Such card shall contain the following and such other particulars as may be prescribed, namely:-
(a)name and address of the employer;
(b)the name, if any, and postal address of the establishment;
(c)full name, address and designation of the employee;
(d)date of birth of the employee;
(e)the date on which the employee joined service in the establishment;
(f)recent passport size photograph of the employee duly signed by the employee;
(g)hours of works, the interval for rest and holiday, of the employee;
(h)signature (with date) of the employer or manager;
Provided that it shall not be necessary to furnish such identity card to any employee to whom an identity card containing similar particulars and information is furnished under any other law applicable to him.
(3)The cost of such identity card including the cost of the photograph shall be borne by the employer.
(4)If the identity card furnished by the employer is lost by the employee, a duplicate card shall be furnished free of charge by the employer immediately on production of his passport size photograph by the employee for being affixed on the card.
(5)No employee shall work as an employee in an establishment to which this section applies unless he holds an identity card required to be furnished under this section and no employer shall permit or require any person who does not hold such card to work in such establishment.
(6)If an employer of any establishment to which this section applies contravenes any of the provisions of this section, he shall, on conviction, be punished with fine which shall not be less than ten rupees and which may extend to fifty rupees.

62B. Exhibition of signboard.

- Every employer shall conspicuously display on the main entrance of the establishment, a wooden or metal signboard of such size, painted in such manner and containing such particulars as may be prescribed.]

63. Wages for overtime work.

- Where an employee in any establishment other than a residential hotel, restaurant or eating house, is required to work in excess of the limit of hours of work, he shall be entitled, in respect of the overtime work, wages at the rate of one and a half times his ordinary rate of wages.
(2)Where an employee in a residential hotel, restaurant or eating house, is required to work in excess of the limit of hours of work, he shall be entitled, in respect of the overtime work, wages at the rate of twice his ordinary rate of wages.Explanation. - For the purpose of this Section the expression `limit of hours of work" shall mean-
(a)in the case of employees in shops and commercial establishments, nine hours in any day and forty-eight hours in any week;
(b)in the case of employees in residential hotels, restaurants, eating houses, theatres or other places of public amusement or entertainment, nine hours in any day; and
(c)in the case of employees in any other establishment, such hours as may be prescribed.

64. Evidence as to age.

(1)When an act or omission would, if a person were under or over a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court apparently under or over such age, the burden shall be on the accused to prove that such person is not under or over such age.
(2)A declaration in writing by a [qualified medical practitioner] [These word were substituted for the words 'registered medical practitioner' by Bombay 17 of 1949, section 3 (i).] relating to an employee that he has personally examined him and believes him to be under or over the age set forth in such declaration shall for the purposes of this Act, be admissible as evidence of the age of the employee.Explanation. - For the purposes of this Section, a [qualified medical practitioner] [These word were substituted for the words 'registered medical practitioner' by Bombay 17 of 1949, section 3 (ii) (a).] shall have the same meaning as in the Factories Act, [1948] [These figures were substituted for the figures '1934', by Bombay 17 of 1949, section 3 (ii) (a).] (LXIII of 1948).

65. Restriction on double employment on a holiday or during leave.

- No employee shall work in any establishment, nor shall any employer knowingly permit an employee to work in any establishment, on a day on which the employee is given a holiday or is on leave in accordance with the provisions of this Act.

66. [Notice of termination of service. [This marginal note was substituted, by Gujarat 11 of 1962, section 19 (2).]

- No employer shall dispense with the services of an employee who has been in his[continuous employment-
(a)for not less than a year, without giving such person at least thirty days notice in writing, or wages in lieu of such notice,
(b)for less than a year but more than three months, without giving such person at least fourteen days' notice in writing, or wages on lieu of such notice]:
Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct.[Explanation. - For the purposes of this Section, "misconduct" shall include-
(a)absence from service without notice in writing or without sufficient reasons for seven days or more;
(b)going on or abetting a strike in contravention of any law for the time being in force; and
(c)causing damage to the property of his employer.]

67. Rules.

(1)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may make rules to carry out the purposes of the Act.
(2)In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the following matters, namely:-
(a)the appointment of prescribed authority under clause (21) of section 2;
(b)the period for which, the conditions subject to which and the holidays and occasions on which, the operation of the provisions of this Act may be suspended under section 6;
(c)the form of submitting a statement, the fees and other particulars under sub-section (1), the manner in which the registration of establishments is to be made and the form of registration certificate under sub-section (2) of section 7; and [the form and the period for notifying] [These words were substituted for the words 'the form for notifying' by Bombay 28 of 1952, section 20(1).] a change and the fees under section 8;
(ca)[ the form of application for the renewal of a registration certificate under section 7;] [Clause (ca) was inserted, by Gujarat 11 of 1962, section 20 (a) (i).]
(d)fixing six days in a year for additional overtime under sub-section (3) of section 14;
(e)fixing ten days in a year for overtime under sub-section (3) of section 19;
(f)further particulars to be prescribed for an identity card under section 25;
[***] [Clause (g) was deleted by Gujarat 11 of 1962, section 20(a) (ii).]
(h)fixing times and methods for cleaning the establishments under section 39, fixing standards and methods for ventilation under section 40; and prescribing such establishments as are to be exempted from the provisions of, and precautions against fire to be taken under section 42;
(ha)[ the articles which a first aid box maintained under section 42A shall contain;] [Clause (ha) was inserted by Bombay 28 of 1952, section 20(2).]
(i)the supervision which the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order. 1950.] Government shall exercise over local authorities under section 43;
(j)the qualifications of Inspectors appointed under section 48 and their powers and duties under section 49;
(k)the registers and records to be maintained and notices to be displayed under section 62;
(kk)[ the other particulars to be contained in an identity card under sub-section (2) of section 62A; [These clause was inserted by Gujarat 26 of 1977, section 13 (i)]
(kkk)the size of, the manner of painting of, and the particulars to be contained in, the signboard to be displayed under section 62B;]
(l)the limit of hours of work under clause (c) of the Explanation to section 63;
(m)any other matter which is or may be prescribed.
(3)The rules made under this Section shall be subject to the condition of previous publication and, when so made, shall be deemed to be part of this Act.
(4)[ All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
(5)Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.] [Sub-sections (4) and (5) which were inserted by Gujarat 11 of 1962, section 20(b) were substituted by Gujarat 26 of 1977, section 13(ii).]

68. Protection to persons acting under this Act.

- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or Intended to be done under this Act.

69. Rights and privileges under other law, etc., not affected.

- Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to at the date this Act comes into force in a local area, under any other law, contract, custom or usage applicable to such establishment or any award, settlement or agreement binding on the employer and the employees in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.

70. [ Persons employed in factory to be governed by Factories Act and not by this Act. [Section 70 was substituted for the original by Gujarat 11 of 1962, section 21.]

- Nothing in this Act shall be deemed to apply to a factory and the provisions of the Factories Act, 1948(LXIII of 1948) shall notwithstanding anything contained in that Act, apply to all persons employed in and in connection with a factory:Provided that, where any shop or commercial establishment situate within the precincts of a factory is not connected with the manufacturing process of the factory the provisions of this Act shall apply to it:Provided further that, the State Government may, by notification in the Official Gazette, apply all or any of the provisions of the Factories Act 1948 (LXIII of 1948) to any shop or commercial establishment situate within the precincts of a factory and on the application of that Act to such shop or commercial establishment, the provisions of this Act shall cease to apply to it.] [This explanation was added by Bombay 28 of 1952, section 19.]

71. Submission of annual report, etc.

- It shall be the duty of every local authority to submit, within [two months] [These words were substituted for the words 'three months' by Gujarat 11 of 1962, section 22(a).] after the close of the year, to [the Commissioner of Labour, Ahmedabad] [These words were substituted for the words 'the State Government', by Gujarat 11 of 1962, section 22(b).] a report on the working of the Act within the local area under its jurisdiction during such year. [It shall also submit to him] [These words were substituted for the words 'It shall also submit to it', by Gujarat 11 of 1962, section 22(b).] from time to time such annual or periodical returns as may be required.

72. Repeal of Bombay Shops and Establishments Act, 1939.

- On and from date of the commencement of this Act, the Bombay Shops and Establishments Act, 1939, (Bombay XXIV of 1939) shall be repealed:Provided that-
(a)every appointment, order, rule, by-law, regulation, notification 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, by-law, regulation, notification or notice made issued or given under this Act.,
(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.

I

[Section 1 (3)]Local Areas

1. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

2. The Ahmedabad Municipal Borough and Cantonment.

3. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

4. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

5. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

6. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

7. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

8. The Godhra Municipal Area.

9. The Surat Municipal Borough

10. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

11. [* * *] [Items 11, 12, 13 and 15 were deleted by Bombay 17 of 1945, section 9 read with Bombay 8 of 1950.]

12. [* * *] [Items 11, 12, 13 and 15 were deleted by Bombay 17 of 1945, section 9 read with Bombay 8 of 1950.]

13. [* * *] [Items 11, 12, 13 and 15 were deleted by Bombay 17 of 1945, section 9 read with Bombay 8 of 1950.]

14. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

15. [* * *] [Items 11, 12, 13 and 15 were deleted by Bombay 17 of 1945, section 9 read with Bombay 8 of 1950.]

16. The Bulsar Municipal Area.

17. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

18. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 326, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

19. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects (Third Amendment), Order, 1960.]

20. The Nadiad Municipal Borough.

21. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects (Third Amendment), Order, 1960.]

22. The Dahod Municipal Area.

23. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects (Third Amendment), Order, 1960.]

24. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects (Third Amendment), Order, 1960.]

25. Kapadvanj Municipal Area.

26. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects (Third Amendment), Order, 1960.]

27. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects (Third Amendment), Order, 1960.]

28. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects (Third Amendment), Order, 1960.]

29. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects (Third Amendment), Order, 1960.]

30. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects (Third Amendment), Order, 1960.]

31. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects (Third Amendment), Order, 1960.]

32. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects (Third Amendment), Order, 1960.]

33. [* * *] [Items 33, 34, 35, 40 and 41 were deleted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]

34. [* * *] [Items 33, 34, 35, 40 and 41 were deleted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]

35. [* * *] [Items 33, 34, 35, 40 and 41 were deleted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]

36. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

37. The Ankleshwar Municipal Area.

38. [* * *] [Items 33, 34, 35, 40 and 41 were deleted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]

39. The Broach Municipal Area.

40. [* * *] [Items 33, 34, 35, 40 and 41 were deleted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]

41. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

42. [* * *] [Entries 1, 3, 4, 5, 6, 7, 10, 14, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 31, 32, 36, 38, and 42 were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment), Order, 1960.]

II

(Section 4Exemptions [(Subject to the Mentioned Below)] [These words and brackets were added by G.N., Lab D., No. 8/48-1, dated the 28th April, 1949.]
Sr. No. Establishments, employees or other persons Provisions of the Act.
1 2 3
1. Establishments  
1 [Establishments] [This word was substituted for the word 'Officers', by G.N., Lab D., No. 8/48-1, dated the 28th April, 1949.]of the Central Government All Provisions
2 [Establishments,] [This word was substituted for the word 'Officers', by G.N., Lab D., No. 8/48-1, dated the 28th April, 1949.]of the[State) Government [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Do
3 [Establishments] [This word was substituted for the word 'Officers', by G.N., Lab D., No. 8/48-1, dated the 28th April, 1949.]of the local Authorities Do
Sr. No. Establishments, employees or other persons Provisions of the Act.
1 2 3
4 [***** [Entry 4 was deleted by G. N., E. & L. D., No. BSE-1061-1, dated the 5th May, 1961.] ]
5 [Establishments of any Railway Administration] [This word was substituted for the word 'Officers', by G.N., Lab D., No. 8/48-1, dated the 28th April, 1949.] Do
6 Bazars of fairs for the sale of goods forcharitable or other purposes from which no profit is derived. Do.
6A. [ [This entry was added by G.N., Lab. D., No. 184/48, dated the 4th February, 1949.] Offices of the Reserve Bank of India Do]
6B. [ [This entry was added by G.N., Lab. D., No. 184/48, dated the 26th February, 1949.] [offices of Trade Commissioners and of ConsularOfficers and other diplomatic representatives of ForeignGovernment [These words were substituted for the words 'Office of the Commercial Secretary for Canada' by G.N., Lab. D., No. 184/48, dated the 11th April, 1949.] Do]
6C. [ [This entry was substituted for the original by G. N., Lab D., No. 8/48-1, dated the 28th April, 1949.] Offices of Air Service Companies Do]
6D. [ [This entry was inserted by G.N., L. G. E. D., No. GHU-87-423-BSE-1086-17541-M (3) dated the 30th July, 1987.] Office of the Unit Trust of India [a Corporationestablished under the Unit Trust of India Act, 1963 (Act 52 of1963) at Ahmedabad.] All provisions.
6E. [ [Entries 6E and 6F were added by G.N., Lab. D., No. 8/48-1, dated the 28th April, 1949.] Offices of Agricultural Produce MarketCommittees established under the Bombay Agricultural ProduceMarkets Act, 1939 (Bombay XXII of 1939)] All provisions.
6F. [ [Establishments pertaining to any, kind ofeducational activities All provisions.
6G. [ [This entry was added by G.N., Lab. D., No. 8/48, dated the 28th April, 1949.] [The High Court Library, High Court, Ahmedabad] [These words were substituted for the words 'The High Court Law Library High Court, Bombay' by G. N., E & I., D., No. BSE-1061-1, dated the 5th May, 1961.] Do]
[ [Entries 6H, 61, 6J and 6K were delete4d by G.N., L. & SectionW. D., No. BSE-1458-J, dated the 18th March, 1959.] ****** ]
[6H [This entry was added by G.N., E. & L. D., No. KH-SH-l/BSE-1068/89350-T dated the 2nd January, 1969.] The Sales Department of Gandhi SmarakSangrahalaya, Harijan Ashram, Ahmedabad Do]
[6l [This Entry was added by G.N., L. & E. D, No. KH-R-188-BSE-1082-8702-T dated the 30th March, 1983.] All commercial banks including their branches situate in the State of Gujarat All provisions]
[6J [This entry was added by G.N., L. & E. D., No. KH-R/198/BSE-1082-16428-T dated the 2nd April, 1983.] All offices of the Gujarat IndustrialDevelopment Corporation in the Sate of Gujarat All provisions]
[6K [This entry was inserted by G.N., L. & E. D., No. GHU-85-436-BSE-1082-1047-M-3, dated the 23rd September, 1985, read with Government Corrigendum, L, and E, D., No. GHU-88-134-BSE-1082-1047-M-3, dated the 22nd April, 1988.] Establishment of the Food Corporation of India,a Corporation established under the Food Corporation Act 1964(Act No. 37 of 1964) in the State of Gujarat. All provisions]
[6L [This entry was inserted by G.N., L. & E. D., No. GHU-89-23-BSE-1083-853-M (3), dated the 30th January, 1989.] Establishment of the Gujarat State RoadTransport Corporation established under the Road TransportCorporations Act, 1950 (Act No. LXIV of 1950) in the State ofGujarat. All provisions]
[6M [This entry' was inserted by G.N., L. & E. D., No. GHU-89-25-BSE-1086-13225-M (3), dated the 2nd February, 1989.] Gujarat Ayurved Vikas Mandal Ahmedabad includingits branches situated in the State of Gujarat. All provisions]
[6N [This entry was added by G.N., L. & E. D., No. GHU-89-38-BSE-1085-17410-M (3), dated the 15th February, 1989.] Gujarat Rural Housing Board, Gandhinagarincluding their branches situated in the State of Gujarat. All provisions (Except section 63.)]
[6O [This entry was added by G.N., L. & E. D„ No. GHU-89-37-BSE-1086-3004-M (3), dated the 15th February, 1989.] The State Trading Corporation of India Limited,Gandhidham (Kachchh). All provisions (Except section 35.)]
[6P [This entry was inserted by G.N., L. St E. D., No. GHU-89-88-BSE-1084-17191-M (3), dated the 14th April, 1989.] The National Textile Corporation (Gujarat)Limited, Ahmedabad established under the Sick TextileUndertakings (Nationalisation) Act, 1974 (Act No. 51 of 1974) All provisions (Except section 63.)]
[6Q [This entry was added by G.N., L. & E. D., No. GHU-89-230-BSE-1086/8581/M (3), dated the 1st August, 1989.] Office of the Rashtriya Chemicals andFertilizers Limited, Government of India Undertaking) (A Unitestablished under the provisions of section 7 read with sub-section (3) of section 10 of the Industrial Employment (Standing orders) Act, 1946) at Ahmedabad. All provisions]
[6R [This entry was added by G.N., L. & E. D., No. GHU-89-231-BSE-1087-4404-M(3), dated the 1st August, 1989.] The New India Assurance Company Limited,Ahmedabad including its branches situated in the State ofGujarat. All provisions]
II[Establishments, employees and otherpersons] [These words were substituted for the word 'Employee' by G. N., Lab D., No. 8/48-1, dated the 14th April, 1949.]
7. [Employees in an establishment exclusivelyattending to the receipt, delivery, clearance or despatch ofgoods, or to assisting travel arrangements of passengers by railor other means of transport.] [This portion was substituted for the original by G. N., Lab D., No. 8/48-1, dated the 28th April, 1949.] Sections 10, 11, 13, to 18 (both inclusive.)
8 Employees exclusively employed in anyestablishment in the collection, delivery or conveyance of goodsoutside the premises of any establishment. Do.[and 21 and 24] [These words and figures were added by G. N., Lab D., No. 8/498, dated the 11th July, 1949.]
9 Employee in such chemists `or druggists'establishments as are approved by the [State] Government or theprescribed authority by a general or special order in thisbehalf. [Sections 10, 11, 13, to 18 (both inclusive).] [These words and figures were substituted for the word 'Do' by G. N., Lab D., No. 8/48, dated the 11th July, 1948.]
10 [Establishments] [This word was substituted for the words 'Employees employ' by G.N., Lab D., No. 8/48-1, dated 14th April, 1949.]for the purpose of attendingupon the sick, infirm, destitute or mentally unfit. Do.[and 33] [This word and figures were added by G. N., Lab No. 8/48-1, dated 28th April, 1949.][In the case of hospitals,nursing homes and maternity homes the exemption from theprovisions of section 18 shall be subject to the condition thatthe employees employed therein are given one weekly holiday ortwo half-day holidays in week and no deductions are made from thewages on account thereof.] [This portion was added by G.N., L. & Section W.D., No. BSE, 1457, dated 24th April, 1957.]
11 [Establishments] [This word was substituted for the words 'Employees in any establishments' by G. N., Lab and H. D., 8/48, dated 28th September, 1950.]wholly or principally engagedin the sale of ice, aerated water for funeral requisites [Sections 10, 11 13 to 18 (both inclusive.)] [These words and figures were substituted for the letters 'Do' by G. N., Lab D. No. 8/48, dated 14th April, 1949.]
12 Travellers, canvassers and such other employeeswho are declared by the[State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.]Government by Notificationpublished to Official Gazette in this behalf to be employeeswhose work in inherently intermittent[Explanation: - Thefollowing employees shall be deemed to be employees whose work isinherently intermittent:- [This Explanation was added by G. N., Lab D. No. 8/48 I, dated 28th April, 1949.] ---do---
  (1) Employees employed in the sections ofestablishments carrying out repairs for the maintenance of watersupply, gas supply, electricity and drainage or repair to ships.  
  (2) Employees employed in bill collection works.  
  (3) Employees employed in the Road ServiceDepartment of the Western India Automobile Association.]  
  (4) [ Employees employed in the sections orestablishment for the purpose of maintenance and repairs ofBuildings or of projectors or sound equipments in cinemas] [This portion was added by G. N., Lab D. No. 8/48, dated 19th May, 1949.][orof air-conditioning and refrigeration plants.] [These words were added by G. N., Lab No. 8/48, dated 11th July, 1949.]  
  [or of punched-card accounting equipment] [These words were added by G. N., Lab and H. D. No. 8/48, dated 20th February, 1950.][orof lifts] [These words were added by G. N., Lab and H. D. No. 8/48, dated 22nd June, 1950.].  
13 [[**] [These words were substituted for the words beginning with the word 'Employees' and ending with the word 'airports' by G. N., Lab and H. D. No. 8/48, dated 14th December, 1951.]Stalls, refreshment rooms and canteens atrailway stations, docks, wharves, airports and the StateTransport Bus Stations.] [Sections 19, 20 and 23.] [These words and figures were substitute for the word and figures 'Section 19' by G. N., Lab D., No. 8/48 dated 3rd June, 1949.]
14 Employees working in any establishment aswatchmen, caretakers,[fire fighting staff] [These words were added by G. N., Lab D., No. 8/48 dated 3rd June, 1949.]and messengers. Sections 10, 11, 13, to 19 (both inclusive) 22to 24 (both inclusive), 26, 28 to 31 (both inclusive).
15 The members of an employer's family. Sections 14 to 17 (both inclusive)' 21 to 24(both inclusive)' 28 to 31 (both inclusive),[33 and 63] [These words and figures were substituted for the word and figures 'and 33' by G. N., D.D., No. BSE-1555 dated 18th June, 1956.].
[16A [These entries were substituted for the original by G. N., D.D. No. S 58, dated 25th Marc 1954] Persons occupying position of management:Sections 14 to 17 (both inclusive) 21 to 24 (both inclusive), 28to 31 (both inclusive),[and 63] [These words and figures were substituted for the word and figures 'and 33' by G. N., D.D., No. BSE-1555 dated 18th June, 1956.].  
  Provided that the number of such persons inestablishment shall not except with the sanction establishmentalso of the prescribed authority,[exceed 10 per cent.] [These word and figures were substituted for the words and figures 'exceed 5 percent' by G. N., E & L.D. No. BSE-1061-1 dated 26th April, 1962.]of thetotal number of employees there in any fraction being rounded upto the next higher integer. any In respect of commercial sections, 13 and18.
16B An employee engaged in confidential capacity: Sections 14 to 17 (both inclusive), 21 to 24(both inclusive), 28 to 31 (both inclusive),[33 and 63] [These words and figures were substituted for the word and figures 'and 33' by G. N., D.D., No. BSS-1555 dated 18th June, 1956.]inrespect of commercial establishments, also sections 13 and 18.
  Provided that the number of such employees inany establishment shall not[exceed 10 per cent.] [These word and figures were substituted for the words and figures 'exceed 5 percent' by G. N., E & L.D. No. BSE-1061-1 dated 26th April, 1962.]of the totalnumber of employees therein, any fraction being rounded up to thenext higher integer.  
[17 [Entries 17 to 21 were added by G. N., Lab D., No. 8/48-111, dated 14th April, 1949.] Employers of Commercial establishments. [Sections 13 and 18 (1) so far as concernstheir own attendance and the attendance of the staff exemptedfrom section 18.] [These words, figures and brackets were substituted for the word, figures ad brackets 'section 18 (1)' by G. N., Lab D., No. 8/48 dated 28th April, 1949.]
18 Legal and Income Tax Practitioners. Sections 13 and 18 (1) so far as concerns theirown attendance and the attendance of the staff exempted fromsection 18.
19 Establishments dealing wholly in fruits,flowers, vegetables,[betel leaves meat,] [These words were inserted, by G. N., Lab D., No. 8/48 dated 28th April, 1949.][bread] [This word was added by G. N., Lab D. No. 8/48, dated 17th May, 1949.],[and/orbiscuits] [These words were inserted by G.N., and E. and L. D., No. KH-SH-974-BSE- 1474-50600-T, dated 2nd August, 1974.][mawas] [This word was added by G. N., Lab and H. D. No. 8/48-1, dated 22nd June, 1950.], eggs and fish. Section 18.
20 Female attendants for women's cloak-rooms orlavatories at theatres or other places of public amusement orentertainment or at residential hotels or restaurants Section 33.
21 Female House Keepers employed in residentialhotels and female artists in cabaret or entertainment shows. Section 33.]
[21A [This entry was added by G.N., E. and L. D., No. KH-SH-3350-BSE-1670-54248-T, dated 4th September, 1971.] Female employees of Co-operative Consumers'Stores registered under the Gujarat Co-operative Societies Act,1961 in the State of Gujarat. Sections, 33 so far as closing hours areconcerned and subject to the condition that no female employeeshall be required or allowed to work later than 8.30 P. M.]
[22 [Entries 22 to 34 were added by G. N., Lab D., No. 8/48-1, dated 28th April, 1949.] Establishment of legal and income taxpractitioners Section 15.
23 Sections of newspaper or news agency officespertaining to news collection, editing and Publishing. Section 13 to 18 (both inclusive.)
24 Ice[and Ice-fruit] [These words were added by G. N., Lab and H. D., No. 8/48-1, dated 16th February, 1951.]manufacturingestablishments. Sections 13 and 18.
25 Bakeries. Provision relating to opening hours and section18.
26 Such haircutting establishments andhammam-khanas as open not earlier than 6 a.m. and closed notlater than 9.30 p. m. Section 10, 11, and 16.
[27 [This entry was substituted by G. N., L.S.W. & T.D.D., No. KH-L-128-BSE/1449-48293-T, dated 22nd February, 1960.] Shops dealing in Milk, and Milk Products viz.,Milk, Curds, Cream, Butter Milk, Shrikhand, Maska, Basundi, Mathoand loose unpacked "Ghee" sold along with above Milkand Milk products as a part of the same establishment. Section 11, 16 and 18.]
[28 [This entry was substituted for the original by G. N., D.D., BST-1456J, dated, 9th September, 1956.] Photography Establishments. Provisions of opening hour in section 10 andprovisions of closing hour in section 11 or section 13, as thecase may be.]
29 Railway Bookstalls Sections 10, 11 and 18.
30 Those establishments in organised Markets (likethe cotton or stocks and securities markets) recognised by theprescribed authority as involving intermittent work whichobserves not more than six and a half total hours of work per daybetween the limits of 11-30 a. m. and 6-30 p.m. Section 15.
31 Sections in banks pertaining to safe depositvaults or lockers or godowns Section 18.
[31A [This entry was inserted by G. N., E. & L. D., No. KY-SY-483/BSE-1668/33768-T, dated 15th June, 1958.] Safe Deposit vault of the Gujarat Safe Deposit Co. Ltd.,Surat. Section 18 so far as two employees are concerned, subject tothe condition that the employees concerned are granted one dayholiday in a week without making any deductions from their wageson account thereof.]
32 Establishments employing not a single employee. [Section 62, save as regards any visit book prescribed to bemaintained.] [This portion was substituted for the word and figures 'section 62' by G. N., Lab., and H.D. No. 8/48, dated 17th March, 1962.]
33 Employers of all establishments. Provisions relating to closing hour in sections 11, 12 and 19so far as their own work is concerned, provided no sale orservice to customers is rendered
[34 [This entry was substituted for the original by G.N., D.D., No. 58, dated 3rd January, 1955.] Any establishment wherein a manufacturing process as definedin clause (a) of section 2 of the Factories Act, 1948, is carriedon. Provision relating to closing hours in section 13.]
[35 [Entries 35 to 36 were added by G. N., Lab D., No. 8-48, dated 14th May, 1949.] Shops supplying cycles on hire or petromax or any otherlanterns on hire. Provision relating to closing hours in section 11.]
36 Shops dealing in newspapers. Section 18.]
[37 [This entry was added by G. N., Lab D., No. 8/48, dated 19th May, 1949.] Code Departments of Commercial establishments. Sections 13 and 18.]
[38 [Entries 38 to 39 were added by G. N., Lab D., No. 8/48, dated 31st May, 1949.] Operators employed in cinema theatres on days on which extracharity shows recognised by the prescribed authority are held Sections 28 and 30.
39 Children and young persons exclusively employed in the sportssections of residential clubs. Sections 32 and 34 (both inclusive]
[40 [Entries 40 to 41 were added by G. N., Lab D., No. 8/48, dated 3rd June, 1949.] Establishments of Telegram Commission Agents. Sections 13 and 18.
41 Young persons employed as performers indramatics shows. Section 33.]
[42] [This entry was added by G. N., Lab and H. D., No. 8/48, dated 7th November, 1949.] Such shops dealing in pan, bidi, cigarettes,matches and other ancillary articles as open not earlier than6-00 a. m. Section 10.]
[42A [This entry was added by G.N., E. & L. D., No. KH-SH-2259-BSE-1470-71992-T, dated 21th November, 1970.] Retail shops dealing mainly in pan or betelleaves. Section 18.]
[43 [This entry was added by G. N., Lab and H. D., No. 8/48, dated 23rd March, 1950.] Upcountry depots and transhipment stationsbelonging to oil companies Section 18.]
[44 [This entry was added by G. N., Lab H. D., No. 8/48, dated 11th April, 1950.] Such employees of the Co-operative Bank as areengaged in propaganda, supervision and training in businessmethods of agriculturists and rural artisans. Section 13.]
[45 [This entry was substituted by G. N., L., and Section W.D., 60, B.S.E. 1956, dated 12th December, 1958.] Menial staff employed in stables for attendingto the work of feeding bathing and milking of animals, cleaningof stables and distribution of milk. Sections 13 to 18 (both inclusive) subject tothe condition that an employee instead of being given a weeklyholiday shall be given leave with pay of forty-five days for oneyear of services or such proportionate leave as the period of hisservice in a year bears, to the whole year in addition to leaveadmissible under section 35 provided that where an employee isgiven any weekly holiday or holidays during the year, and equalnumber of days may be deducted from the total leave forforty-five days or as the case may be, proportionate leaveadmissible to him.]
[46 [This entry was added by G. N., Lab and H. D. No. 8/48, dated 2nd June, 1950.] Dal Manufacturing establishments Sections 16 and 18.]
  [************] [Entry 47 was deleted by G.N.E. and L. D. No. BSE-1062-1, dated 5th May 1961.]  
[48 [This entry was added by G. N., Lab and H. D., No. 8/48, dated 9th August, 1950.] [Coffee Deposits run by the Coffee Board] [These words were substituted for the words, 'India Coffee House run by the India Coffee Board' by G.N.L. and S.W.D. No. RES 1457 (i), dated 16th February, 1959.] Section 35, 36 and 37.]
[49 [This entry was added by G. N., Lab and H. D., No. 8/48, dated 28th August, 1950.] The Out-door staff of the motor transportservices Sections 13 to 18.]
[50 [This entry was substituted by G. N., L., and Section W.D., No. B.S.E. 1457, dated 2nd September, 1950.] Such establishments of suppliers of band partiesas close not later than 1 p.m. Section 18 section 17, subject to the conditionthat the spread-over shall not exceed 14 hours in any day andsection 18(1) subject to the condition that in lieu of the weeklyholiday the employees are given substitute holiday during thatweek.]
[51 [This entry was added by G. N., Lab and H. D., No. 8/48, dated 27th November, 1950.] All shipping companies Section 15.]
[52 [This entry was added by G.N.,E. and L. D., No. KH-SH-3305/BSE-1070/51, 100-T, dated 31st August, 1971.] Such restaurants or eating houses as arepermitted under the rules for licensing and controlling places ofpublic entertainment made under section 33 of the Bombay PoliceAct, 1951 to remain open upto 11-30 p. m. and such restaurants oreating houses as are granted special permission by theCommissioner of Police, Ahmedabad or the District Magistrates orSub-Divisional Magistrates to conduct business after 11-00 p. m. Provision relating to the closing hours insection 19.]
[53 [This entry was added by G. N., Lab and H. D., No. 8/48, dated 25th June, 1951.] Tea Stalls and Catering Hotels situated on theRailway premises Sections 25(d) and 32 and Chapter VIII.]
[54 [This entry was added by G. N., Lab and H. D., No. 8/48, dated 10th March, 1952.] Establishments commonly known as generalengineering works wherein the manufacturing process is carried onwith the aid of power. Section 13 (i) so far as closing hours isconcerned and section 18.]
  [*********] [Entries 55, 56, 58 and 60 were deleted by G.N.E. and L. D. No. BSE-1061-1, dated 5th May 1961.]  
  [*********] [Entries 55, 56, 58 and 60 were deleted by G.N.E. and L. D. No. BSE-1061-1, dated 5th May 1961.]  
[57 Water Works establishment supplying water to thepublic Sections 13(1) and 18]
  [*****] [Entries 55, 56, 58 and 60 were deleted by G.N.E. and L. D. No. BSE-1061-1, dated 5th May 1961.]  
[59 [This entry was added by G. N., D. D., No. Section 125, dated 4th June, 1963.] Handloom and power-loom establishment [Sections 13(1) and 18 subject to the conditionthat the employees concerned are granted one day holiday in weekwithout making any deductions from their wages on accountthereof.] [This Condition was amended by G.N.E. and L. D. No. KH-SH-1111-BSE-165-/55862-T, dated 13th September, 1965.]]
  [************] [Entries 55, 56, 58 and 60 were deleted by G.N.E. and L. D. No. BSE-1061-1, dated 5th May 1961.]  
[61 [This column, No. 2 was substituted by G.N.E. and L. D. No. KH-SH-540/1068/BSE/19544/T, dated 10th July, 1968.] Such theatres as are permitted under the BombayCinema Rules, 1954 to remain[open upto 1-00 A. M.] [These words, figures and letters were substituted for the words, figures and letters 'open up to 8.30 A. M.' by G.N. & E. L. D. No. KH-SH-2828/BSE/1171/29678/T, dated 30th April, 1971.]and suchother theatres and places of public amusement or entertainment asare granted special permission by the Commissioner of Police,Ahmedabad or the District Magistrate, to remain open after twelvemid-night.] Section 26.
[62 [This entry was added by G.N., D.D., No. Section 125, dated 17th July, 1954.] Such commercial establishment of licence holdersof the Agricultural Produce Markets Committees established underthe Bombay Agricultural Produce Markets Act, 1939 (Bombay XXII of1939) as open not earlier than 7.30 a. m. Section 13 (1).,]
  [***************] [Entries 63, 66, 67 and 69 were deleted by G.N.E. and L. D. No. BSE-1061-1, dated 5th May 1961.]  
[64 [This entry was added by G.N., D.D., No. 2610/48, dated 29th December, 1954.] Vyara Kanpura Electric Co-operative SupplySociety Limited, Vyara Cycle stands. Sections 13 and 18]
[65 [This entry was added by G.N., D.D., No.1331/48, dated 9th February, 1955.] Cycle stands Sections 11 and 18.]
  [***] [Entries 63, 66, 67 and 69 were deleted by G.N.E. and L. D. No. BSE-1061-1, dated 5th May 1961.]  
  [***] [Entries 63, 66, 67 and 69 were deleted by G.N.E. and L. D. No. BSE-1061-1, dated 5th May 1961.]  
[68 [This entry was added by G. N. L. & S.W.D., No. BSE-1456, dated 7th January, 1957.] Poultry Farms Sections 13, 17 and 18 subject to the conditionthat the spread-over shall not exceed 12 hours a day and theemployees are granted one full day or two half day holidays in aweek.]
  [* * *] [Entries 63, 66, 67 and 69 were deleted by G.N.E. and L. D. No. BSE-1061-1, dated 5th May 1961.]  
  [* * *] [Entries 70, 71, 72 and 73 were deleted by G. N., E. & L. D. No. BSE-1061-1, dated the 5th May, 1951,]  
  [* * *] [Entries 70, 71, 72 and 73 were deleted by G. N., E. & L. D. No. BSE-1061-1, dated the 5th May, 1951,]  
  [* * *] [Entries 70, 71, 72 and 73 were deleted by G. N., E. & L. D. No. BSE-1061-1, dated the 5th May, 1951,]  
  [* * *] [Entries 70, 71, 72 and 73 were deleted by G. N., E. & L. D. No. BSE-1061-1, dated the 5th May, 1951,]  
  [* * *] [Entries 74 and 77 were deleted.]  
[75 [This entry was added by G.N.L. & S.W.D. No. BSE-1457, dated 16th May, 1958.] Bidi makers and wrappers in the establishmentmanufacturing bidies Section 18(3).]
[76 [This entry was added by G.N.L. & S.W.D. & No. BSE-1458, dated 16th February, 1959 and G.N., L. & S.W.D., No. BSE-1458, dated 12th March, 1959.] Shops dealing in poultry Section 10, and 18, subject to the conditionsthat the employees are given one full or two half day holidays ina week without making any deduction from wages on accountthereof.]
  [********************] [Entries 74 and 77 were deleted.]  
[78 [This entry was added by G.N.L. & S.W.D. No. BSE-1458-J, dated 18th March, 1959 9th June, 1959 and 10th August, 1959.] Establishments maintained in connection with thePetrol Service Stations and Petrol Pumps. subject to the conditions that the spread overof the work of an employee employed therein shall not exceed;fourteen hours in any day and section 18.]
[78A [This entry was added by G.N.E. & L.D. No. KH-SH-3053-BSE-1068-16128-T, dated, 19th June, 1971.] Establishments engaged in battery charging orvulcanising work, and situated on a National or State High way. (a) Sections 10 and 16 subject to the conditionthat the spread-over of the work of an employee employed thereinshall not exceed fourteen hours in any day;
    (b) Section 18 subject to the conditions thatthe employees are given one day in a week as a holiday withoutmaking any deduction from wages on account thereof or are paidover-time wages at the rate prescribed in section 63 for the workdone on such weekly holiday.]
[79 [This entry was added by G.N.E. & L.D. No. KH-SH-1301/BSE-1461/84058-T, dated 5th December, 1967.] Office of the Gujarat Housing Board and officessub-ordinate to it. Establishments of the Gujarat State RoadTransport Corporation. (a) In respect of all the employees: sections35, 36, 37 and 62.]
  [***********] [The words 'Establishments of the Gujarat Electricity Board' were deleted by G.N.E. & L.D. No. KH-SH-586/BL-1065- 12240-T, dated, 12th July, 1968.]  
  Offices of the Gujarat Rajya Khadi and GramodyogBoard. Office of the Life Insurance Corporation of India in theState of Gujarat. (b) In respect of out door staff and watchmen:Sections 13, 14, 15, 17 and 18. Subject to the conditions thatthe employees concerned are granted wages for overtime work andone day holiday in a week without making any deductions onaccount thereof from the wages.]
  [*************] [Entry 79A which was deleted by G.N.L. & D., No. GHU-85-436-BSE-1082-1047-M-3, dated, 29th July 1971.]  
[79B [This entry was inserted by G.N.E. & L.D. No. KH-SH-586-BSE-1065/ 12240-T, dated, 12th July, 1968.] Establishments of the Gujarat Electricity Board. (a) In respect of all the employees: sections35, 36, 37 and 62 subject to the facilities regarding leave withwages available to the employees under the Regulations of theBoard shall in no case be less favourable than those providedunder sections 35, 36 and 37 this Act.
    (b) In respect of out-door staff and watchmen:Sections 13, 14, 15, 17 and 18. Subject to the conditions thatthe employees concerned are granted wages for overtime work andone day holiday in a week without making any deductions onaccount thereof from the wages.]
[79C [This entry was added by G.N.E. & L.D. No. KH-SH-715-B, SE-1476-79144-T, dated 29th July, 1976.] Establishments of Banking Industry In respect of drivers of the vehicles belongingto the establishments of the Banking Industry, Sections 11 (1),13, 14, 15, 16, 17 and 18 of the Act, subject to the conditionsthat the employees concerned are granted wages for overtime workand one day holiday in a week without making any deductions onaccount thereof from the wages.
    In respect of Gardeners section 13 of the Act, rsubject to the condition that spread-over shall not exceed elevenhours in any day.]
[79D [Entry 79D was inserted by G.N.L.SectionW. and T.D.D., No. KH-L-50/BSE-1476-101522-T, dated the 10th January, 1979.] Office of the Gujarat Industrial InvestmentCorporation Ltd Ahmedabad. (a) In respect of all the employees sections35, 36, 37 and 62 subject to the condition that the existingleave rules of Gujarat Industrial Investment Corporation,Ahmedabad applicable to its employees shall not be altered totheir disadvantage.
    (b) In respect of out door staff and watchmen:section 13, 14, 15, 17 and 18, subject to the conditions that theemployees concerned are granted wages for over-time work and oneday holiday in a week without making any deductions on accountthereof from the wages.]
  [*****************] [Entry 79E, which was inserted by GN., L.S.W. and T.D.D. No. KH-L-85/BSE-1078-4259-T, dated the 20th January, 1979, was deleted by G.N.L. & E.D., GHU-85-436-B No. SE-1082-1047-M-3, dated, 23rd September, 1985.]  
[79F [Entry 79F was inserted by G.N.L.S.W. and T.D.D., No. KH-SH-57/BSE-1479-UO-40-T. dated the 28th May, 1980.] The National Dairy Development Board, Anand. Sections 10, 11, 13, 17, 19, 37, 62 and 62Asubject to the conditions that -
    (i) The spread over shall not exceed 14 hours inany day;
    (ii) The National Dairy Development Board, shalldisplay the registration certificate and shall keep adequaterecord of attendance hours of work and leave in respect of allthe employees.
    (iii) If any employee is required to work formore than the working hours prescribed in section 14, he shall beentitled to overtime wages at the rate prescribed in section63(1).
    (iv) No female worker shall be detained after7.00 p. m. without her consent.]
[79G [Entry 79G was added by G.N.L. & E.D. No. KH-L-746-BSE-1077-44481-T, dated the 8th December, 1981.] Gujarat State Warehousing Corporation and itsoffices in the State of Gujarat.  
  (a) In respect of all employees. Sections 35, 36, 37 and 625 subject to thecondition that the existing leave Rules of Gujarat StateWarehousing Corporation shall not be altered to theirdisadvantage.
  (b) In respect of outdoor staff and watchmen. Sections 513, 14, 15, 17 and 18, subject to theconditions that the employees concerned are granted wages forovertime work in accordance with sub-section (1) of section 63 ofthe said Act and one day's holiday in a week without making anydeduction on account thereof from the wages.]
[79H [Entry 79H was added by G.N. & L. & E.D. No. KH-R-662-BSE-1080/40816/T, dated the 18th October, 1982.] Gujarat State Fertilizers Company Limited,Vadodara and it's offices in the State of Gujarat Sections 35,36, 37 and 62 subject to the condition that the existing leave &Rules of Gujarat State Fertilizers Company Limited, Vadodara,applicable to those employees shall not be altered to theirdisadvantage.  
  (a) In respect of all employees;  
  (b) In respect of outdoor staff. Section 18, subject to the conditions that theemployee concerned are granted wages for over-time work inaccordance with sub-section 63 of the said Act and one dayholiday in week without making any deduction on account thereoffrom the wages.]
  [***************] [Entry 79-1 which was added by G.N.L. & E.D. No. KH-R/94/BSE-1080-8702-T, dated the 15th February, 1983, was deleted by G.N.L. & E.D. No. KH-2-188-B, SE-1082-8702-T, dated the 30th March, 1983.]  
  [***************] [Entries 80, 81, 82 and 83 were deleted by G.N.E. and L. D. No. BSE-1061-I, dated 5th May 1961.]  
  [a***************] [Entry 84 which was added by G.N.L. 8s Section W.D. No. BSE-1458-J, dated the 1st December, 1989. was deleted by G.N.L. 86 E.D. No. GHU-89-23-BSE-1083-853 M(3), dated the 30th January, 1989.]  
[85 [This entry was added by G.N., L. 85 Section W. D. No. BSE-1458-J, dated 1st December, 1959.] Shops dealing in pan-bidi- cigarettes, matchesand other ancillary articles, at the State Transport Bus Stations Sections 10, 11 and 16.]
[86 [These words were substituted for the words 'the Bombay State Electricity Board' by G. N.E. and L. D. No. BSE-1061-1, dated the 5th May, 1961.] The office of [the Gujarat Electricity Board]. Sections 13, 14 15, 17 and 18 subject to thecondition that (i) no employee shall be required or allowed towork for more than five hours before he had a interval of rest ofat least half an hour; (ii) the exemption will remain inoperation for the period ending on 30th April 1960.
  [***************] [Entries 87 and 88 were deleted by G.N.E. and L. D. No. BSE-1061-I, dated 5th May 1961.]  
[Note: [[This note was added by G. N., Lab D., No. 8/48-1, dated 28th April, 1949 and was amended by the following notifications.-G. N., Lab D., No. 8/48, dated 28th April, 1949.G. N., Lab D., No. 8/48, dated 14th May, 1949.G. N., Lab D., 8/48, dated 19th May, 1949.G. N., Lab I. No. 8/48, dated 3rd, June, 1949.G. N., Lab and H. D., No. 8/48, dated 23rd March, 1950.G. N., Lab and H. D., No. 8/49, dated 2nd June, 1950.G. N., Lab and H. D., No. 8/48, dated 25th July, 1950.G. N., Lab and H. D., No. 8/48, dated 28th August, 1950.G. N., Lab and H. D., No. 8/48, dated 10th March, 1950.G. N., D. D. No. 8/48, dated 27th November, 1953.G. N., D. D. No. 2610/48, dated 29th December, 1954.G. N., D. D. No. 1331/48, dated 9th February, 1955.G. N., L. and S.W.D. No. BSE-1556, dated 12th December, 1958.G. N., L. and S.W.D. No. BSE-1458, dated 16th February, 1959.G. N., L. and S.W.D. No. BSE-1458-J, dated 12th March, 1959.G. N., L. and S.W.D. No. BSE-1459-1, dated 23th December, 1959.]] - [(1) The exemptions from the provisions of section 18 in entries Nos. 7 to 12, 14, 16A, 16B, 19, 23, 24, 25, 27, 29, 31, 36, 37, 40 [342A], 43 45 46, 49, 54, 57, 64, 78, 64, 78, and 86 shall be permissible in the case of such establishments referred to therein as given the employees concerned one day in a week as a holiday and make no deduction from wages on account thereof or pay overtime wages at the rate prescribed in section 63 for the work done on such weekly holidays:]
(2)The exemptions from the provisions of section 24 in entries Nos. 8, 14, 15, 16A, and 16B, and from the provisions of section 31 in entries Nos. 14, 15, 16A and 16B shall be permissible in the case of such establishment referred to therein as pay overtime wages at the rate prescribed in section 63 for the work done on such weekly holidays:]
[89 [This entry was added by G.N., E & L. D., No. BSE-1062/87308-J dated 24th December, 1962.] Shops dealing wholly or principally inpreparation and/or sale of sweets and fursan. [Sections 10, 11, 16 and 18 subject to thefollowing conditions, namely:-] [These words and figures were substituted for the words and figures 'Sections 10, 11 and 16', by G.N., E. and L. D., No. KH-SH-1079/BSE-1068/81876-T, dated 16th December, 1969.]
    (1) Opening and closing hours shall not beearlier than 5 A. M. and later than 11 P.M. respectively.
    (2) No employee shall be required or allowed tocommence work earlier than 4.30 A. M. and to work later than11.30 P. M.
    (3) The spread-over of an employee shall notexceed fourteen hours.]
    (4) [ The employees concerned are given one dayin a week as a holiday and no deduction from wages is made onaccount thereof.] [This condition was inserted, by G.N., E. and L. D., No. KH-SH-1079/BSE-1068/81876-T, dated 16th December, 1969.]
[89A [This entry was inserted by G.N., E. and L. D., No. KH-SH-28:BSE-1470/ 133522-T, the dated 9th January, 1974.] Shops dealing wholly or principally inpreparation and/or of bread and/or biscuits in the State. Clause (A) of sub-section (1) of section 11subject to the co condition that no shop or commercialestablishment shall on any day be closed later than 11.00 p. m.]
[90 [This entry was added by G.N., E. and L. D., No. BSE/1063-23050-1, dated the 29th March, 1963.] All the Divisional and Branch Offices of theLife Insurance Corporation of India, State of Gujarat. Sections 14 and 18 subject to the followingconditions.-
    (1) The employees shall on account of the lossof the prescribed Holiday be granted either a holiday in exchangeor wages for the work done on that day at the rate of wagesprescribed for overtime work in section 63(1) of the said At.
    (2) the exemption shall remain in force for aperiod of one week, commencing on the mid-night of 30th March,1963.]
[91 [This entry was substituted by G. N., E. & L. D., No. KH-SH-5-BSE-1672-129122-T-dated the 15th January, 1972.] Iliac Services Divisions the Head Office of theAhmedabad Manufacturing and Calico Printing Co. Ltd., Ahmedabad (i) Section 13 (1) subject to the condition thatthe exemptions will remain in operation for the period ending[31st March 1979.] [These words figures and letters were substituted for the word, figures and letters '15th January, 1964' by G.N., E. and L. D., No. KH-SH-258-BSE-1672-38844-T, dated the 30th March, 1976.]
    (ii) If any employee is required to work inexcess of limit of hours of week specified in of the said Act, heshould be required to do so only after his written consent and inthat case he shall be entitled in respect of overtime work whichshall be noted in the prescribed register to wages at the rateprescribed in section 53(1) of the said Act.]
[92 [This entry was added by G.N., E. and L. D., No. BSE-1062-51192-1, dated the 31st July 1963.] Neera Depots or shops selling neera, Section 10 and 18, subject to the condition that the employeesare given one day's holiday in a week without making anydeduction from wages on account thereof.]
[93 [This entry was added by G.N., E. L. D., No. BSE-1063-67208-1, dated the 8th November, 1963.] Stalls in the Balwatika Rankaria, Ahmedabad. Section 18, subject to the condition that the employees aregiven one day's holiday in a week without making any deductionfrom wages on account thereof.]
94 Shri Jain Swetamber Murti PujakBhojanshala Panjra Pole, Relief Road, Ahmedabad.Vide G. N., E. & L. D., No. KH-SH/ 126/BSE-1062 (ii) 76-1,dated the 9th March, 1964. All provisions except sections 35, 36 and 37, subject to theconditions that if an employee is required to work in excess ofnine hours in a day, he shall be paid in respect of the over-timework, wages at the rate specified in sub-section (1) of section63 and that a register for overtime work is maintained by thetrustees of the Bhojanshala.
[95 [This entry was substituted by G. N., E. & L. D., No. KH-SH-395 BSE-1676-31702-T, dated the 30th March 1973.] E. D. P. Section of the Ahmedabad Electricity Co., Ltd.,Ahmedabad. Section 13 (1) subject to the condition (i) that the I.C.T.section is closed not later than mid-night, (ii) that no employeeis made to work after mid-night, and (iii) that the exemptionwill remain in operation for the period ending[30th September1977.] [These words, figures and letter were substituted for the word, figures and letters '31st October, 1968' by G. N., E. & L. D., No. BSE-1670-125344-T, dated the 15th February, 1974.]
    If any employee is required to work in excess oflimit of hours of work, specified in section 14 of the said Act,he should be required to do so only after his written consent andin that case he shall be entitled in respect of overtime workwhich shall be noted in the prescribed register to wages insection 63(1) of the said Act, etc.]
96 BanksVide G., N., E. & L. D., No. KH-SH-1074/BSE-1065/54774-T, dated 31st August, 1965. Provision relating to closing hours in section13, on the first working day of month and the working dayproceeding and succeeding a Public Holiday subject to thecondition that the employees concerned are paid in respect of theovertime work wages at the rate specified in sub¬ section (1)of section 63.
97 Bookstalls at the busstations of the Gujarat State Road Transport Corporation.Vide G. N., E. & L. D., No. KH-SH/ 1326/BSE-1165/67456-T, dated 10th November, 1965. Sections 10, 11 and 18 subject to the conditionthat the employees concerned are given one day in a week as aholiday and no deduction from wages is made on account thereof.
98 Bhavnagar PublicWeigh Bridge, Bhavnagar.Vide G. N., E. & L.D., No. KH-SH/439/BSE-1066/29326-T, dated 9th May, 1967. Section 18 subject to the condition that theemployees concerned are given one day in a week as a holiday andno deduction from wages is made on account thereof.
[99 [This entry was substituted by G. N., E. & L. D., No. KH-SH-258-BSE-1475-28093-T, dated the 24th April, 1975.] Shops and commercial establishments dealing instationery and exercise note books or selling and publishingbooks relating to studies in schools and colleges, in the wholeState of Gujarat. Clause (a) f sub-section (1) of section 11 andclause (1) of section 13 so far as they relate to closing hoursand sections 14, 16, 17 and 18 subject to following conditionsnamely:-
    1. No such shop or commercial establishmentsshall on any day be closed later than 10 P. M.
    2. If any employee is required to work in excessof the limit of hours of work specified in section 14 of the saidAct he shall be entitled in respect of overtime work, which shallbe noted in the prescribed register to wages at the rateprescribed in section 63 (1) of the said Act.
    3. The spread-over shall not exceed fourteenhours on any day.
    4. Every employee shall on account of the lossof the prescribed weekly holidays be granted either (i) equalnumber of additional holiday in exchange for each weekly holidayafter 15th July 1975, or
    (ii) wages or the work done on each holiday atthe rate of wages prescribed for overtime work in section 63(1)of the said Act
    5. The exemption shall remain in force for theperiod from 15th June 1975 to 15th July 1975 (both daysinclusive)].
100 The AmalgamatedElectricity Co. Ltd., Dohad Branch, DohadVide G. N., E. & L. D., No.KH/SH-1031/BSC-1067/598. dated 7th October, 1967. Sections 13 and 18 subject to the condition thatthe employees are given one day in a week as a holiday withoutmaking any deduction from wages on account thereof.
    [Sections 14 and 15 subject to the conditionthat the employees concerned are granted wages for over-time workas prescribed in section 63(1) of the Act.] [This condition was added by G. N., E. & L. D. No. KH-SH-12-BSE-1474-112594-T, dated, 5th February, 1976.]
101. Bunder road Weighbridge, Bhavnagar,Vide G. N., E. & L.D., No.KH/SH-120/BSE-1067/1028, dated 20th February, 1968. Section 18 subject to the condition that theemployees concerned are given one day in a week as a holiday andno deduction from wages is made on account thereof.
[102 [This entry was added by G. N., E. & L. D. No. KH-SH-570-BSC-1068-49250-T, dated 8th July, 1968.] All Shops and such Commercial establishments assell goods to the public, in the Dwrka Nagar Panchayat area, (i) [ Section-11 and sub-section (1) of section13 so far as they relate to closing hour subject to theconditions that no shop or commercial establishment shall on anyday be closed later than 9-30 p. m.] [This condition was numbered as Condition (i) by G. N., E. No. KH-SH & L. D. 2919-BSE-1470-20860-T, dated 25th May, 1971, Cl. (a).]
    (ii) [ Section 18 subject to the conditionsthat:-(1) every employee shall on account of the loss of theprescribed weekly holiday be granted one day's holiday in a weekwithout making any deduction from wages on account thereof; and(2) a notice in form `M' prescribed under sub- rule (2) of rule23 of the Gujarat Shops and Establishments Rules, 1962 shall beexhibited in each establishment.] [This condition was added by G. N., E. & L. D. No. KH-SH & L. D. -2919-BSE 1400-20860-T, dated the 25th May 1971, cl. (b).]
[103 [This entry was added by G. N., E. & L. D. No. KH-SH-672/ABS-1066/41444 (ii)-T, dated the 8th August, 1969.] All Shops and such commercial establishments assell goods to the public, in the Dakor Nagar Panchayat area, Section 18, subjectto the conditions that:-(i) every employee shall on account of the lossof the prescribed weekly holiday be granted one day's holiday ina week without making any deduction from wages on accountthereof; and
    (ii) a notice in form `n' prescribed under sub-rule (2) of rule 23 of the Gujarat Shops and EstablishmentsRules, 1962 shall be exhibited in each establishments.]
[104 [This entry was added by G. N., E. & L. D. No. KH-SH-3039-BSE-1471-35906-T, dated the 7th June, 1971.] Shops and Commercial Establishments dealing instationery and exercise note books or selling and publishingbooks relating to studies in schools and colleges, in the NadiadMunicipal area. Clause (a) of sub-section (1) of section 11 andclause (1) of section 13 so far as it relates to closing hour andsections 14, 16, 17 and 18 subject to following conditionsnamely:-
    (1) No such shop or commercial establishmentshall on any day be closed later than 10 P. M.
    (2). If any employee is required to work inexcess of the limit of hours of work specified in section 14 ofthe said Act he shall be entitled in respect of overtime work,which shall be noted in the prescribed register to wages at therate prescribed in section 63 (1) of the said Act.
    (3). The spread-over shall not exceed fourteenhours on any day.
    4. Every employeeshall on account of the loss of the prescribed weekly holidays begranted either(i) equal number of holidays in exchange after15th July 1971, or
    (ii) wages for the work done on each holidays atthe rate of wages prescribed for over-time work in section 63 (1)of the said Act
    (5) The exemption shall remain in force for theperiod from 17th June, 1971 to 15th July 1975 (both daysinclusive)].
[105 [This entry was added by G. N., E. & L. D. No. KH-SH-3086-BSE-1471-49147-T, dated the 28h June, 1971.] Shops and Commercial Establishments dealing instationery and exercise note books or selling and publishingbooks relating to studies in schools and colleges, in the LimbdiMunicipal area. Section 18, subject to the following conditionsnamely:-
    (1) every employee shall on account of the lossof the prescribed weekly holidays be granted either:-
    (i) equal number of holidays in exchange after15th July 1971, or
    (ii) wages for the work done on such holidays atthe rate of wages prescribed for overtime work in section 63 (1)of the said Act
    (2) Exemption shall remain in force from 28thJune, 1971 to 15th July, 1971 (both days inclusive)].
[106 [This entry was added by G. N., E. & L. D. No. KH-SH-3086-BSE-1471-37806-T, dated the 15th May, 1972.] Shops and commercial establishments dealing instationery and exercise note books or selling and publishingbooks relating to studies in schools and colleges, in the wholeState of Gujarat. Section 18, subject to the following conditionsnamely:-
    (1) every employee shall on account of the lossof the prescribed weekly holidays be granted either:-
    (i) equal number of holidays in exchange after15th July 1971, or
    (ii) wages for the work done on such holidays atthe rate of wages prescribed for overtime work in section 63 (1)of the said Act
    (2) Exemption shall remain in force from 17thJune, 1972 to 15th July, 1972 (both days inclusive)].
[[107] [This entry was added by G. N., E. & L. D. No. KH-SH-80-BSE-1076-90232-T, dated the 28h January, 1975.] Operation Research Groups, Baroda. Sections 13, 14, 17 and 18 subject to conditionsthat:-
    (1) the spread over shall not exceed 12 hours aday.
    (2) the employees are granted one day holiday ina week without making any deductions from wages on accountthereof.
    (3) if any employee is required to work morethan hours prescribed in section 14, he/she should be paidover-time wages as prescribed in section 63(1) of the Act.
    (4) this exemption will remain in force for aperiod of one year from the date of this notification.]
[[108] [This entry was added by G. N., E. & L. D. No. KH-SH-118-BSE-1475-114510-T, dated the 6th February, 1976.] (1) Dhanlaxmi Market Branch. Section 13 subject to following conditions:-
  (2) Manek Chowk Branch, and (1) adequate staff is engaged by the Banker fornight service.
  (3) Delhi Chakla Branch, Ahmedabad of the UnionBank of India (2) if any employee isrequired to work more thanhours prescribed in section 14, of the Act, he shall be paidover-time wages at the rate prescribed under section 63(1).]
    (3) no female worker is detained after 7-00 p.m. provided she gives her consent.
[109] [This entry was added by G. N., E. & L. D. No. KH-SH-414/BSC14759186-T, dated the 26th April, 1976.] E. D. P. Section of the Gujarat State Co. Op.Land Development Bank Ltd., Ahmedabad. Sections 13 (1), 14(1), 18(1), and 33 subject tothe conditions
    (1) if any employee is required to work inexcess of limit of hours of work, specified in section 14 of thesaid Act, he shall be entitled in respect of overtime work whichshall be noted in the prescribed register to wages at the rateprescribed in section 63 (1) of the said Act.]
    (2) the spread-over shall not exceed fourteenhours on any day.
    (3) every employee shall on account of the lossof the prescribed weekly holidays be granted either (i) equalnumber of holidays in exchange or (ii) wages for the work done onsuch holidays at the rate of wages prescribed for overtime workin section 63 (1) of the said Act.
    (4) no female worker shall be detained after7.00 p. m. without her consent.
    (5) This exemption shall remain in operation fora period of one year from the date of this notification.
[[110] [This entry was added by G. N., E. & L. D. No. KH-SH/428/BSC-1476/43598-T, dated, the 30th April 1976.] Co-operative Bank of Ahmedabad Ltd., Ashram RoadBranch Ahmedabad. Section 13 (1) subject to following conditions:-
    (1) adequate staff is engaged by the Bank fornight service.
    (2) if any employee is required to work morethan hours prescribed in section 14, of the Act, he shall beentitled to over- time wages at the rate prescribed under section63(1).
    (3) no female worker is detained after 7-00 p.m. provided she gives her consent in writing.]
[[111] [This entry was added by G. N., L.S.W. & T. D. D. No. KH-SH/823/BSE1075/9186(76)-T, dated, the 31st August, 1976.] State Bank of India, Bhadra, Ahmedabad DataProcessing Centre, situated in the Local Head Office, at Bhadra,Ahmedabad. Section 13 subject to following conditions:-
    (1) no employee is required to work more thanprescribed hour.
    (2) no female worker is detained after 7-00 p.m. without her express written consent.
    (3) different employees will be working indifferent shifts.]
[[112] [This entry was added by G. N., L.S.W. & T. D. D. No. KH-SH/79-BSE-1476-13266-T, dated, the 30th October, 1976.] Union Bank of India, Ashram Road, C.U. Chambers,Ashram Road, Navjivan P. O., Ahmedabad. Section 18 subject to the condition that theemployees concerned are given one day weekly off on Wednesday forloss of prescribed weekly holiday with wages without anydeduction on their account.]
[113] [Entry 113 was added by G. N., L. S.W. and T.D.D., No. KHL-751/BSE-1077-63801-T, dated the 24th August, 1977.] Rajkot Main Branch, Rajkot, of Union Bank ofIndia. Section 13 (1) subject to following conditions:-
    (1) Adequate staff is engaged by the Bank forevening service.
    (2) If any employee is required to work morethan working hours prescribed in section 14, of the Act, he shallbe paid overtime wages at the rate prescribed under section 63(y).
    (3) No female worker is detained after 7-00 p.m. provided she gives her consent.
[114] [Entry 114 was added by G. N., L. S.W. and T.D.D., No. KHL-201/BSE-1077-96935-T, dated the 22nd February, 1978.] State Bank of India, Station Road, Surat,Evening Branch. Section 13 (1) subject to following conditions:-
    (1) Adequate staff is engaged by the Bank forevening service.
    (2) If any employee is required to work morethan working hours prescribed in section 14, of the Act, he shallbe paid overtime wages at the rate prescribed under section 63(1).
    (3) No female worker is detained after 7-00 p.m. provided she gives her consent.
[115] [Entry 115 was added by G. N., L. S.W. and T.D.D., No. KH-1-1026/BSE-1078-8564-T, dated the 9th November, 1978.] Union Bank of India, Rappura Branch at WakaskarChamber, Baroda. Section 13 (1) subject to following conditions:-
    (1) adequate staff is engaged by the Bank fornight service.
    (2) if any employee is required to work morethan hours prescribed in section 14, of the Act, he shall be paidover-time wages at the rate prescribed under section 63(1).
    (3) no female worker is detained after 7-00 p.m. provided she gives her consent.
116. [ [Entry 116 was added by G. N., L. S.W. and T.D.D., No. KH-L-171/BSE-1479-21252, -T, dated the 5th March, 1980.] Seva Sadan, Mithapur. Section 13 and 18 subject to the followingconditions:-
    (i) Establishment may open or close at any timebut no employee should be allowed to work for more hours than,those prescribed under section 14 of the Act.
    (ii) Weekly off should be fixed for eachemployee and notice should be kept on the Notice Board and copythereof should be sent to the Shop Inspector concerned.]
117. [ [Entry 117 was added by G. N., L. & E. D., No.KH-R-224/BSE-1083-38850-M-3. dated the 14th February, 1984.] Computer Cell of the Indian Dairy Corporation,at Baroda, (A Government of India enterprise) Sections 13, 14, 18 subject to the conditionsthat-
    (1) If any employee is required to work inexcess of the limit of hours of work, specified in section 14 ofthe said Act, he shall be entitled in respect of overtime workwhich shall be noted in the prescribed register to wages at therate prescribed in section 63 (1) of the said Act.]
    (2) The spread over shall not exceed fourteenhours on any day.
    (3) Every employee shall on account of the lossof the prescribed weekly holidays be granted either (a) equalnumber of holidays in exchange or (b) wages for the work done onsuch holidays at the rate of wages prescribed for overtime workin section 63 (1) of the said Act.
118. [ [Entry 118 was added by G. N., L. & E. D., No.KH-R-527/BSE-1084-M-241-M-3. dated the 15th June, 1984.] Shops and Commercial establishments dealing instationery and exercise note books and shops and CommercialEstablishment, selling and publishing books relating to studiesin schools or colleges or both in the whole of the State ofGujarat. Clause (a) of sub-section (1) of section 11, subsection (1) of section 13 and sections 14, 17 and 18 subject toconditions that:-
    (1) No such shop or commercial establishmentshall on any day remain open after 10-00 p. m.
    (2) If any employee is required to work inexcess of the limit of hours of work specified in section 14 ofthe said Act, he shall be entitled to overtime allowances at therate prescribed under sub-section (1) of section 63 of the saidAct which shall be noted in the prescribed register of wages.
    (3). The spread-over shall not exceed fourteenhours on any day.
    4. Every employee shall on account of the lossof the prescribed weekly holidays be granted either-
    (i) equal number of additional holidays inexchange thereof after the 1st August every year, or
    (ii) wages for the work done on each holidays atthe rate of wages prescribed under sub- section (1) of section 63of the said Act, for overtime work.
    (5) The exemption shall remain in force from15th June, to 31st July, every Year.]
[119 [Entry 119 which was inserted by G. N., L. & E. D., No.KH-R-805/BSE-1083-37549-M-3. dated the 26th September, 1984, was substituted by G. N., L. & E.D., No. GHU/90-35-BSE-1088-2734-M-(3), dated the 1st February, 1990.] Shops selling flowers in the State of Gujarat. Clause (a) of sub-section (1) of section 11,subject to the condition that no such shop shall be closed alterthan 11.00 p. m.].