Amendment status not verified — confirm the current text below against the official source.
Power to removal of difficulties. SCHEDULE * * * * 3 STATEMENT OF OBJECTS AND REASONS I Act 8 of 1962.- At present the Madras Shops and Establishments Act, 1947, is in force in Madras area. The Mysore Shops and Establishments Act, 1948, is in force in the Mysore area. The Hyderabad Shops and Establishments Act, 1957, is in force in Hyderabad area and the Bombay Shops and Establishments Act, 1948, is in force in the Bombay area. It is considered expedient to have a uniform law in the State of Mysore for the regulation of the terms and conditions of work and employment in shops and commercial establishments. The Government of India had circulated a Draft Bill for consideration of State Governments to initiate legislation on similar lines where necessary. Both these objects will be served by enacting legislation on the lines of this Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 12th February 1959 as No.2653 at page. 32.) II Amending Act 36 of 1966.—According to sub-section (2) of section 39 of the Act, all appeals by employees removed or dismissed from service lie to the prescribed authority or if no authority is prescribed, to the Commissioner of Labour. This means that only one appellate authority for the entire State has to deal with the appeals involving much difficulty and inconvenience to all persons concerned. It is considered necessary to amend the Act to provide for appeals to different authorities in different places depending on the area from which the appeal arises and the class or category to which an establishment belongs. It is also considered necessary to provide for the transfer of appeals under section 39 (2) pending before the Commissioner of Labour to the appropriate appellate authority. Hence this Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 22nd November 1966 as No. 193 at page. 4.) III Amending Act 4 of 1969.—It is proposed to provide for supervision of the work of Labour Inspectors who are appointed as Inspectors under the Mysore Shops and Commercial Establishments Act, 1961, by the Assistant Labour Commissioners and the Labour Officers. This cannot be done unless 4 the Assistant Labour Commissioners and Labour Officers are also made Inspectors under the said Act. There is no provision for the appointment of the Additional Inspector under the Act, and it is proposed to provide for such appointments. The Mysore Maternity Benefit Act 1959 has been repealed and the Maternity Benefit Act 1961 (Central Act 53 of 1961) has been brought into force. It is therefore necessary to amend Chapter V of the Act suitably. Hence the Bill. (Obtained from file LAW 81 LGN 67.) IV Amending Act 33 of 1982.—In his Budget speech for the year 1982–83 the Finance Minister indicated that in the interest of revenue and for better enforcement of the provision of the Act annual renewal of the registration of shops and commercial establishments would be provided under the Karnataka Shops and Commercial Establishments Act, 1961. The provision for renewal also facilitates maintenance of up-to date statistics of such establishments and would also result in better conditions of service for the employees. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 26th July 1982 as No. 588 at page. 4.) V Amending Act 17 of 1986.—The Food Corporation of India is a key Organisation in the food grains distribution programme in the State. The establishments of the said Corporation are exempted from the provisions of the enactments similar to that of the Karnataka Shops and Commercial Establishments Act, 1961 in many of the States/Union territories in India. It is considered, therefore, necessary to exempt this Organisation from the provisions of the Karnataka Shops and Commercial Establishments Act, 1961, as is done in the case of Postal, Telegraphic or Telephone Service etc., and organisations which supply power, light or water etc., to the public. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 21st February 1986 as No. 134 at page. 3.) 5 VI Amending Act 25 of 1997.—It is proposed to amend the Karnataka Shops and Commercial Establishments Act, 1961, to provide for:— 1962: KAR. ACT 8] Shops and Commercial Establishments 5 (1) enhancing age limit of a child from 12 to 14 years, in definition of ‘child’. (2) renewal of registration certificate once in five years instead of every year; (3) compulsory issue of appointment orders by the employers to the employees in writing indicating the name, designation and terms of conditions etc., of appointment within thirty days from the date of appointment in his establishment, by insertion of new section 6A. (4) enhancing the age limit from 12 to 14 and 15 to 18 in relation to hours of work of young persons. (5) fixing of weekly holidays within 30 days from the date of commencement of new establishment. (6) removal of minimum period of 240 days or more of work, to get entitled for leave with wages and certain other consequential amendments. (7) enhancing the age limit from 12 to 14 and 15 to 18 for the purpose of prohibition of employment of young persons. (8) separate enhanced punishment for employment of Children. (9) removal of the maximum limit of six months pay as compensation payable by the employer to an employee who is removed or dismissed without reasonable cause of proof of misconduct. (10) enhancement of punishments of certain offence.— Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 21st February 1997 as No. 245 at page. 13.) VII Amending Act 11 of 2001.- The nature of work in information Technology establishments and Information Technology enabling services or Establishments; Bio-Technology and Research Centres of establishments of epidemic and other diseases, is such that it requires flexibility in terms of working hours as their work entails lot of metal work in terms of fault finding, imagination and reflection and design. So much so no time can be setout with regard to their working hours and even weekly holiday, except assigning task to be accomplished. Therefore, it is considered necessary to amend the Karnataka Shops and Commercial Establishments Act, 1961 to give partial exemption 6 regarding opening and closing hours and weekly holiday so as to provide flexi time. Hence the Bill. (Vide L.A. Bill No. 2 of 2001 File No. SAMVYASHAE 20 SHASANA 2000) VIII Amending Act 14 of 2002.- Section 25 of the Karnataka Shops and Commercial Establishments Act, 1961 prohibits employment of women and young persons during night. Establishments of Information Technology or Information Technology enabled service. develop software for foreign customers. The personnel in these establishments often work late in the night. The Personnel have to interact with their customers late in evenings or throughout the night depending upon the global part of the Country. These establishments employ good number of women workers. As section 25 prohibits emplotment of women during night it has affected working of the establishments. Software development is usually entrusted to a team which may also include women employees. Therefore, in order to utilise the Services of women employees during night it is considered necessary to amend section 25 to empower the State Government to exempt any establishment of Information Technology or Information Technology enabled services from the provisions of that section relating to employment of women during night subject to the condition that the establishments provides facilities of transportation and security to such women employees. Hence the Bill. (Vide L.A. Bill No. 16 of 2002 File No. SAMVYASHAE 28 SHASANA 2001 DT: 30.8.2002) IX Amending Act 28 of 2005.- To avoid undue hardship to the owners of the shops and commercial establishments, in registering their establishments and also in renewal of their registration certificates it is proposed to amend section 4 of the Shops and Commercial Establishments Act, 1961 and to provide for deemed registration or renewal of registration certificate, in case the area Labour Inspector does not register or renew or fails to communicate the grounds on which registratiion/renewal was not done within thirty days from the date of receipt of such applications. 7 Provision is also made to impose penalty for false claim of the benefit of deemed registration with an imprisonment of not less than six months and with a fine which may extend to five thousand rupees. Hence, the Bill. (LA Bill No.15 of 2005) X Amending Act 12 of 2007.- The provisions of the Karnataka Shops and Commercial Establishments Act, 1961, provides only for penalty by way of fine or imprisonment and there is no provision for compounding of offences departmentally. Hence, it is concerned necessary to provide for composition of offences under the Karnataka Shops and Commercial Establishments Act, 1961 in order to reduce litigation and facilitate speedy recovery of dues. Hence the Bill. [L.A.Bill No.15 of 2007] [Entry 24 of List III of the Seventh Schedule to the Constitution of India.] * * * * * 8 1[KARNATAKA ACT]1 No. 8 OF 1962 (First published in the 1[Karnataka Gazette]1 on the First day of March, 1962.) THE 1[KARNATAKA]1 SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961. (Received the assent of the President on the Fifteenth day of February, 1962.) (As amended by Acts 36 of 1966, 4 of 1969, 33 of 1982, 17 of 1986 , 25 of 1997, 11 of 2001, 14 of 2002, 28 of 2005 and 12 of 2007) An Act to provide for the regulation of conditions of work and employment in shops and commercial establishments. WHEREAS it is expedient to provide for the regulation of conditions of work and employment in shops and commercial establishments and other incidental matters; BE it enacted by the 1[Karnataka State]1 Legislature in the Twelfth Year of the Republic of India as follows:—