Gujarat Shops and Establishments | Key changes | Welfare facility

The Government of Gujarat has presented the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
which came into effect on May 1, 2019.

The key changes announced in the new act are:

Retailers having less than 10 employees will not be required to register under the Shops and Establishment Act
A simple letter informing the commencement date of the business, the address of the business, and the nature of business would be enough
Retailers do not need to renew the shop license annually. The act suggests only one-time approval
Shops and establishments can be kept open 24 x 7 subject to compliance of appropriate conditions
The important provisions of the Act inter-alia include freedom to work 365 days in a year and opening/closing time of establishment Women to be permitted during night shift subject to certain conditions
Working Hour of Women-No woman shall work in any establishment before 6-00 a.m. and after 7 p.m.
Weekly Holiday: Every shop and commercial establishment shall remain closed on one day of every week
Opening and Closing Hour of Establishment: Opening hour for shops dealing generally in milk, vegetables, fruits, fish, meat, bread or any other goods shall not be earlier than 5:00 A.M and for other shops it shall not be opened earlier than 5:00 A.M. and other shops not earlier than 7.00 a.m
Shops dealing in pan, bidi, cigarettes, matches and other subsidiary articles shall be closed latest by 11:00 P.M and other shops shall be closed latest by 8:30 P.M
No Commercial establishment shall be open earlier than 8:30 A.M and closed later than 8:30 P.M
No restaurant or eating house shall on any day be opened earlier than 5:00 A.M. and closed later than 11:00 PM for service
Any Shop or establishment if situated in Municipal Corporation Area, or on National Highway, or on Railway Platform, or at State Roadways bus station premises, or in Hospital premises, or on petrol pumps, may remain open 24 hours on any day of the week
In Municipality area or on State Highway may be opened except from 2.00 A.M to 6.00 A.MIn the areas other than the areas mentioned above in district or on minor road may be opened except from 11.00 P. M. to 6.00 A.M.
Provided the workers shall be allowed to work in accordance with the working hours, spread-over hours of work and provided weekly holiday with wages in accordance with the Act.

Welfare facility under the act

Crèche Facility for each shop & establishment with 30 or more women workers:
Canteen for every employee with 100 or more workers
Drinking Water Facility

Penalty | Miscellaneous

Penalty for the violation of provisions of the Act-General Damages will attract penalty up to Fifty Thousand Rupees, Total Fine covered to, rupees two thousand rupees per worker employed
Penalty for the violation of provisions of the Act which results in accident only if violations resulted in accident causing serious bodily injury or death of a worker. On principle, Sentence which may extend to six months, or fine minimum of twenty-five thousand rupees and can be extended up to fifty thousand rupees, or with both
Penalty for obstruction or refusal to provide register etc- On opinion, be punished with fine which may extend to fifty thousand rupees
Application for allusion of commencement of business to the Inspector shall be made online
The record of the establishment may be maintained electronically or manually
Every employer shall inform to the Inspector, in the given form
any change in any of the facts contained in the application submitted for Registration of Establishment
The employer of a shop or establishment shall furnish an annual returns, in such a form and in such manner to such authority as may be prescribed.

Gujarat government official gazette