Section 58 in The Maharashtra Shops and Establishments Act, 1948
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 'Provincial' 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 is 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 'Provincial' 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 is received by the Inspector or until he ceases to be a director or shareholder.
