State of Madhya Pradesh - Act
The M.P. Shops and Establishments Rules, 1959
MADHYA PRADESH
India
India
The M.P. Shops and Establishments Rules, 1959
Rule THE-M-P-SHOPS-AND-ESTABLISHMENTS-RULES-1959 of 1959
- Published on 12 April 1963
- Commenced on 12 April 1963
- [This is the version of this document from 12 April 1963.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These rules may be called the Madhya Pradesh Shops and Establishments Rules, 1959.2. Definitions.
- In these rules, unless there is anything repugnant in the subject or context,-3. Registration of establishments.
- [(1)] [Substituted by Notification No. 6395-9162-XVI, dated, 11-11-1970.] A statement to be sent to the Inspector of the area concerned under sub-section (2) of Section 6 shall be in Form A and shall be accompanied by a fee of [amount as per class of establishment as mentioned in Rule 5] [Substituted by Notification No. 4(b)1-XVI-A, dated, 21-11-1995.],| Class of establishment | Amendment Fees | |
| 1. | All establishments having no employee | Rs. fen |
| 2. | All establishments employing not more than 3 employees | Rs. Twenty five. |
| 3. | All establishments employing more than 3 but less than 10employees. | Rs. Forty. |
| 4. | All establishments employing more than 10 employees. | Rs. Fifty.] |
4. Period of validity of registration certificate.
- The Registration Certificate granted under sub-section (3) of Section 6 shall be valid upto the end of the calendar year in which it is granted, and every renewal thereof shall be valid for the calendar year specified in Part B of the certificate.5. Renewal of registration certificate.
- [(1) Fees for the Registration and Renewal - Every registration certificate issued under sub-rule (2) of Rule 6 shall be renewed, after the expiry1 of a period of live calendar years, on payment of a fee specified below for that class of establishments.| Class of establishment | Registration/Renewal FeesRs. | |
| 1. | All establishments having no employee | Hundred |
| 2. | All establishments employing not more than 3 employees | One hundred fifty. |
| 3. | All establishments employing more than 3 but less than 10employees. | Two Hundred. |
| 4. | All establishments employing more than 10 employees. | Two Hundred Fifty. |
6. Payment of fee.
- Any fee prescribed in these rules shall be credited into a Government Treasury in the State under the head [XXXII-Miscellaneous Social and Development Organisations-A (1) Fees for Registration of Shops and Establishments] [Substituted by Notification No. 2124-1403-XVI, (w.e.f. 12-4-1963).] :[Provided that if the registration or renewal of the Registration Certificate is issued by the Municipal Corporation or by Municipality the fees prescribed in these rules shall be deposited in the office of the concerned Municipal Corporation or Municipality, as the case may be and such Local Authority shall issue a receipt thereof.] [Inserted by Notification No. 4(E) 10-95-XVI-A, dated 13-5-1998.]7. Notice of Change.
- A notice of change to be notified to the Inspector under Section 7 shall be in Form D.8. Notice of closure.
9. Fixing six days in a year for additional overtime.
10. Notice to be given to Inspector when additional overtime is to be worked.
- Notice of the intention to require employees in a shop or commercial establishment to work under sub-section (3) of Section 11 in excess of the period fixed under sub-section (1) of the said section on any day prescribed under Rule 9 shall be given cither in English or in Hindi so as to reach the Inspector within whose jurisdiction such establishment is situated at least two days before each day.11. Receipt of security money.
12. Employment of children and young persons.
- An Inspector may require an employer to produce in respect of any person employed by him whom the Inspector suspects to be a child or a young person as proof of his age (1) an authentic extract from the school record, or (2) a certified copy from the Birth Register, or (3) certificate of age from the registered Medical Practitioners in Form H.13. Leave.
14. Misconduct.
- For the purposes of the proviso to sub-section (1) a Section 58, the following acts and omissions shall be treated as misconduct the part of the employees,-14A. [ Appellate Authority and limitation for appeal. [Inserted by Notification No. 2167-728-84-XVI-A, dated 11-4-1984.]
15. Fixing times and methods for cleaning the establishments.
16. Precautions against fire.
- No person shall smoke or use a naked light or cause or permit any such limit to he used in the immediate vicinity of any inflammable material in any establishment.17. Qualifications and provisions regarding Inspector.
18. Duties of an Inspector.
- An Inspector, while making an examination under Section 41 of the Act, shall for the purpose of satisfying himself that the provisions of the Act and of these rules and any orders passed by the Government or the local authority under the Act are duly observed, ascertain the following facts19. Recording of inspection note by Inspector.
- The Inspector shall record an inspection note in duplicate in Form M, the original of which shall be handed over to the establishment inspected and the duplicate copy retained on the inspection note book in the running serial order. The employer shall paste the original copy of the inspection note so recorded on a bound visit book which shall be maintained for the purpose on the form of a blank register. The inspection book shall he produced to the Inspector on demand for ascertaining compliance of instructions given on any previous inspection. The Inspector shall record necessary entries in respect of each inspection in the inspection register to be maintained at the inspectorate and submit such diaries, reports and returns as may be prescribed by departmental instructions.19A. [ Powers of Inspector. [Inserted by Notification No. 3342-364-XVI, dated 9-6-1971 (w.e.f. 9-7-1971).]
- An Inspector shall, for the purposes of the enforcement of the Act, have powers, subject to the provisions of the Act, to conduct before a Court any complaint or other proceeding arising under the Act or in the discharge of his duties as an Inspector and secure such attendance as may be necessary for the purpose.]20. Maintenance of registers and records and display of notices.
- [(1) Every employer shall maintain a register of employees showing attendance, wages, overtime work fines and other deductions and account of wages in respect of each employee under him in Form 'N'.] [Substituted by Notification No. 305-1954-XVI, dated 2-5-1972.]21. Overtime.
22. Administration of the Act.
23. Repeal and saving.
- The Central Provinces and Berar Shops and Establishment Rules, 1947 and the Madhya Bharat Shops and Establishment Rules, 1953 are hereby repealed :Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.Form A[See Rule 3(1)]Statement Under Section 6 (2)| 1. | Name of the establishment, if any (in block letters) | .................................. |
| 2. | Full postal address and location of the establishment | .................................. |
| 3. | Situation of office, store-room, godown, warehouse or workplace, if any, attached to the establishment but situated inpremises different from those of the establishment | .................................. |
| 4. | Category of the establishment, Le. whether (a) shop; (b)commercial establishment, (c) residential hotel, restaurant oreating-house, (d) threatre or other place of public amusement orentertainment | .................................. |
| 5. | Particulars of persons having interest in the establishmentas employer (Applicable only when a nomination is made underSection 55) | .................................. |
| S.No. | Name and parentage | Designation | Permanent Address | Nature of interest (whetherPartner/Manager/Director/Shareholder) |
| (1) | (2) | (3) | (4) | (5) |
| 6. | Nature of business | .................................. |
| 7. | Name, designation and permanent address of the employer(manager, agent or any other person) who is in the immediatecharge of the general management or control of the establishment | .................................. |
| 8. | Particulars of members of employer's family employed in theestablishment as defined in Section 2 (17) | .................................. |
1.
...............................2.
...............................3.
...............................| 9. | Name of other persons occupying positions of management oremployees engaged in confidential capacity, if any. | .................................. |
1.
....................2.
....................| 10. | Name of employees | Male | Female | Total |
| 1. Adults | …................... | |||
| 2. Young persons | ...................... | |||
| Total | ||||
| 11. | Name the day of the week on which weekly holiday will heobserved (in case of shops Commercial Establishments only) | …............... | ||
| 12. | Details of remittance (enclose copy of challan obtained fromTreasury) | …............... |
Part I – Shops
Part II – Commercial Establishments
Part III – Residential hotels
Part IV – Restaurants and eating-houses
Part V – Theatres and other place of public amusement or entertainment.
Note :- This register shall be maintained category-wise separately for each town.| Registration No. of establishment and date ofRegistration. | Name and address of the establishment (Items 1 &2 of Form 'A') | Name of the employer | Name of manager or any person other than employerin immediate charge of general management or control ofestablishment. |
| (1) | (2) | (3) | (4) |
| Nature of business | Number of employees | |
| Adults | Young persons | |
| Male Female | Male Female | |
| (5) | (6) | |
| Total | Renewals | ||
| Year | Year | Year | Year |
| (7) | (8) | ||
Part A – {|
|-| 1.| Registration mark and number| ............................|-| 2.| Name of Establishment| ............................|-| 3.| Full postal address of the establishment| ............................|-| 4.| Nature of business, trade or profession carried on| ............................|-| 5.| Name and designation of the Proprietor/Manager/Agent or anyother person in the immediate charge or control of theestablishment| ............................|-| 6.| Name and designation of other person(s) having interest asemployer in the establishment, if any, with his address in theState| ............................|-| 7.| Total number of employees| ............................|}| Male | Female | Total | |||
| 1. Adults | .................................... | ||||
| 2. Young persons | .................................... | ||||
| Total |
Part B – No.......................
Date........................1. It is hereby certified that the above certificate of Registration has been renewed for the year ending 31st December, 19......
.......................InspectorNo.......................Date........................2. It is hereby certified that the above certificate of Registration has been renewed for the year ending 31st December, 19......
.......................InspectorNo.......................Date........................3. It is hereby certified that the above certificate of Registration has been renewed for the year ending 31st December, 19......
.......................InspectorNo.......................Date........................4. It is hereby certified that the above certificate of Registration has been renewed for the year ending 31st December, 19......
.......................InspectorNo.......................Date........................5. It is hereby certified that the above certificate of Registration has been renewed for the year ending 31st December, 19......
.......................InspectorForm D[See Rule 7]Notice of ChangeName of the Establishment already registered with full address and name of the Employer/Proprietor/Manager....................Registration Mark and Number..................ToThe Inspector under the M.P. Shops and Establishments Act, 1958Sir,Notice is hereby given that the following change has taken place in respect of information forwarded to you in Form 'A'. The Registration Certificate is forwarded herewith to be returned after recording the necessary changes:-1.
............................2.
............................3.
............................4.
............................5.
............................6.
............................Place...................Date..................................................Signature of the Proprietor Manager/Partner/Secretary/ManagingDirector or a person in charge.Form E[See Rule 8(1)]Notice of ClosureTo,The Inspector of Shops and Establishments, Madhya PradeshSir,Please note that my Establishment, the Registration mark and number of which is...............has been closed/will be closed from................for the reason............. The certificate of registration is surrendered herewith for cancellation.Place...................Date.................................................Signature of employer with name andaddress of the establishment.Form F[See Rule 11 (1)]Cash ReceiptReceived a sum of Rs. 10/- (Rs. Ten only) from Shri........................ s/o ....................resident of..................... as a deposit by way of security for the return of seized goods/in consideration that his goods may not be seized for contravention of the provisions of Section 10 (1) of the Madhya Pradesh Shops and Establishments Act, 1958.................................................Inspector of Shops andEstablishments, Madhya Pradesh.Date............Time............Place......................................Signature of DepositorNote :- The depositor shall prefer his claim for refund only after the case has been finally disposed of.Form G[See Rule 11 (2)]Seizure Memo (Part A)In exercise of the powers conferred on me under sub-section (2) of Section 10 of the Madhya Pradesh Shops and Establishments Act, 1958. I hereby seize the goods of the following ...................... description belonging to Shri ....................... S/o resident of .................. who has been detected hawking the said goods in contravention of the provisions of Section 10 (1) of the Madhya Pradesh Shops and Establishments Act, 1958.Particulars of Goods Seized....................................................................................Date..............Time..............Place.............Witness-1.
................2.
..................................................Inspector of Shops andEstablishments,Madhya Pradesh.Delivery Memo[Supradnama................Part B]The goods seized with the description as given under Seizure Memo No.................dated..................... as hereby delivered to their owner Shri........................S/o..............resident of............Date............Time............Place.................................................Inspector of Shops andEstablishments, Madhya Pradesh.Received the said mentioned goods ....................(Name of the owner of goods with signature and date.)Form H[See Rule 12]Form of CertificateI hereby certify that I have personally examined (name).................residing at.....................and that he/she has completed his/her twelfth/seventeenth year.His/Her personal marks of identification are............................Medical Practitioner...............................Thumb impressionOrSignature of the person examinedRegistration No.........................Place...................Date....................Form I[See Rules 13 (1) and 20 (4)]Register of Leave| Privilege Leave | |||||
| Accumulated balance brought forward from previousyear. | Number of days leave applied for | Leave granted | Balance of leave carried | If leave refused amount of leave and date andreason of refusal | |
| From (date) | To (date) | From (date) | To(date) | ||
| (1) | (2) | (3) | (4) | (5) | |
| Casual leave | ||||
| Leave salary paid | Leave salary paid to discharged employee or onhis quitting employment after having applied for and having beenrefused leave. | Due number of days | Availed of (Number of days with dates). | Balance (number of days.) |
| Advance of return | Date of discharge, etc. | Date and amount of payment made in respect ofleave | ||
| (6) | (7) | (8) | (9) | (10) |
| Serial No. | Date of receipt of complaint | Name of the employee reporting | Name and address of the employer | Name of the establishment and its postal address |
| (1) | (2) | (3) | (4) | (5) |
| Particulars of leave refused | Date of refusal with reasons. | Leave due | Remarks (as to disposal) | |
| Nature and period of leave applied for | Date of application | |||
| (6) | (7) | (8) | (9) | (10) |
| S. No. | Employees name and father's name | Date of joining the establishment | Date of medical examination | Remark |
| (1) | (2) | (3) | (4) | (5) |
| Parts of the establishment i.e. name of room | Parts lime-washed, colour-washed, painted orvarnished e.g. wall, ceilings, wood-work etc. | Treatment (whether time-washed, colour washed,painted or varnished) |
| (1) | (2) | (3) |
| Date on which time washing, colour washing orvarnishing was carried out (according to English Calendar) | Signature of the employer or Manager | Remarks |
| (4) | (5) | (6) |
| 1. | Name and address of establishment | .............................. |
| 2. | Registration mark and number | .............................. |
| 3. | Name of the employer | .............................. |
| 4. | Class of establishment | .............................. |
| 5. | Date and time of inspection | .............................. |
| 1. | Name of Employee. | ............................ |
| 2. | Father's/Husband's name | ............................. |
| 3. | Age | ............................. |
| 4. | Address of the Employer | ............................. |
| 5. | Nature of Employment | ............................. |
| 6. | Rate of wages (State whether daily, monthly or piece rated) | ............................. |
| 7. | Wage period | ............................. |
| 8. | Date of appointment | ............................. |
| 9. | Date of discharge | ............................. |
| Date | Time at which employment commenced | Intervals for rest or meals if any | Time at which employment ceased | |
| From | To | |||
| (1) | (2) | (3) | (4) | (5) |
| 1 to 31 |
| Over-time work if any | Wages Earned | Total | ||||
| From Hours | To Hours | OT Worked in Hrs. | Basic | DA | OT | |
| (6) | (7) | (8) | (9) | (10) | (11) | (12) |
| Advance Amount Advanced | Amountrecovered | Balance | Fine (Details to be given in remarks col.) | |
| Amount | Date | |||
| (13) | (14) | (15) | (16) | (17) |
| 1 to 31 |
| Deductions (Details to be given in remarks col.) | Net amount | Signature or thumb impression of employee | Remarks |
| (18) | (19) | (20) | (21) |
| .........................Signature or Thumb Impressionofemployee for receipt of awages alongwith date. | .........................Signature of theEmployer |
| Serial No. | Name of employee | Day on which holiday allowed |
| 123 | ||
| Serial No. | Name of employee | Day on which holiday allowed |
| 45 |
| Name of the employees | Whether young person or not | Day | ||
| Employment to commence | Interval for meals and rest | Employment to cease | ||
| (1) | (2) | (3) | (4) | (5) |
1. Name of the shop or commercial establishment............
2. Address.................................................
3. Registration mark and No................................
Notice is hereby given that with effect from...............the above shop/commercial establishment shall *(i) observe................as the closed day *(ii) observe..................as closed day instead of................as previously notified............................................Signature of the EmployerCopy forwarded to the Inspector of Shops and Establishments ......................for information.Date..............................................Signature of the Employer*Delete the item inapplicable.Form R[See Rule 20 (6)]Notice of Substitution of Weekly Holiday on Account of Public FestivalName of the Shop/Commercial Establishment..............Name of the employer................................| Usual weekly holiday | Date on which the said weekly holiday falls | Day and date to be observed as a weekly holidayin substitution. |
| (1) | (2) | (3) |