Section 18 in The Maharashtra Shops and Establishments Act, 1948
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 the provisions of sub-section (1B), the employer shall prepare] [Substituted by Bombay 28 of 1952, Section 8(1).] a calendar or list of such closed days at the beginning of the year, notify such calendar or list to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the shop or commercial establishment:[Provided that, if no change is made in the calendar or list of closed days for any year, it shall not be necessary to notify again such calendar or list as aforesaid:Provided further that, where any shop or commercial establishment comes after the beginning of any year within the purview of this Act for the first time, the employer shall also prepare a calendar or list of such closed days for the remaining part of the year, and notify it to the Inspector within a month of the date on which the shop or establishment so comes within the purview of this Act.] [These provisos were Added by Maharashtra 26 of 1961.](1A)Notwithstanding anything contained in sub-section (1), [but except where the day is fixed under sub-section (1B)] [These portions was inserted by Maharashtra 26 of 1961, Section 9(b).], a shop or commercial establishment may remain open on any day notified as closed day 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 substitute 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 local authority in respect of any area within its jurisdiction and the State Government in any local area elsewhere, may, by order published in the prescribed manner, after consultation with representative associations or otherwise as appear to such authority or the State Government to be most appropriate for ascertaining the views of the employers and employees affected by the order, fix the day on which a shop or commercial establishment is to be closed, and any such order may either fix the same day for all shops or establishments therein, or may fix-(a)different days for different classes of shops or establishments, or(b)different days for different parts of the area or local area, or(c)different days for different periods of the year,and thereupon, every shop or commercial establishment shall, on such day so fixed, remain closed; but nothing in this sub-section 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).] [Inserted by Maharashtra 26 of 1961, Section 9(c).](2)It shall not 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:] [Added by Bombay 28 of 1952, Section 8(2).][Provided that nothing in this sub-sections shall apply to any person whose total period of continuous employment is less than six days.] [Added by Bombay 28 of 1952, Section 8(3).].
