{"act":{"id":"bombay-shops-establishments-act-1948","short_title":"The Bombay Shops and Establishments Act, 1948","long_title":null,"act_number":"79","act_year":1948,"enact_date":null,"enforcement_date":null,"ministry":null,"department":null,"jurisdiction":"Gujarat","unit":"section","section_count":63,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"ocr","scan_url":"https://indiacode.ecourtsindia.com/scan/f65c3339-02cb-49e5-8e49-19643d22c18e.pdf","url":"https://indiacode.ecourtsindia.com/bombay-shops-establishments-act-1948/"},"unit":"section","section":{"number":"18","heading":null,"text":"39[(1)] Every shop and commercial establishment shall remain closed on one day of the week. 40[Except where the day is fixed under sub-section (1B) the employer shall] prepare a calendar or list of such closed days, 41[ * * ] notifiy 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. Spread-over in shops. Spread-over in commercial establishments. Holidays in a week in shops and commercial establishments. 12 of 53 Opening and closing hours of commercial establishments. (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. 42[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.] (1A) Notwithstanding anything contained in sub-section (1), 43[but except where the day is fixed under sub-section (1B)], a shop or commercial establishment may remain open on any day notified as 44[a 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 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 eariler.] 45[(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 shad remain closed accordingly : edad 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 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 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 an employee is employed on a daily wage, he shall none the less be paid his daily wage for the day on which such shop or commercial establishment remains closed. 46[If any employee is paid apiece rated wage, he shall none the less 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 :] 47 [Provided that nothing in this sub-section shall apply to any person whose total period of continuous employment is less than six days.] CHAPTER- IV. RESIDENTIAL, HOTELS, RESTAURANTS AND EATING HOUSES. 13 of 53","html":"<p>39[(1)] Every shop and commercial establishment shall remain closed on one day of the week. 40[Except where the day is fixed under sub-section (1B) the employer shall] prepare a calendar or list of such closed days, 41[ * * ] notifiy 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. Spread-over in shops. Spread-over in commercial establishments. Holidays in a week in shops and commercial establishments. 12 of 53 Opening and closing hours of commercial establishments. (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. 42[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.] (1A) Notwithstanding anything contained in sub-section (1), 43[but except where the day is fixed under sub-section (1B)], a shop or commercial establishment may remain open on any day notified as 44[a 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 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 eariler.] 45[(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 shad remain closed accordingly : edad 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 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 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 an employee is employed on a daily wage, he shall none the less be paid his daily wage for the day on which such shop or commercial establishment remains closed. 46[If any employee is paid apiece rated wage, he shall none the less 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 :] 47 [Provided that nothing in this sub-section shall apply to any person whose total period of continuous employment is less than six days.] CHAPTER- IV. RESIDENTIAL, HOTELS, RESTAURANTS AND EATING HOUSES. 13 of 53</p>","words":692,"text_source":"ocr"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/bombay-shops-establishments-act-1948/section/18/","note":null,"source_note":"Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/f65c3339-02cb-49e5-8e49-19643d22c18e.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/2620026a-5270-49c4-9e15-aa1dfddd6e8c/content).","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}