The Tamil Nadu Shops and Establishments Act
tamil-nadu · 1947
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- S. 1The Tamil Nadu Shops and Establishments Act, 1947, applies statewide, starting from November 14, 2018.
- S. 2Section 2 defines key terms used in the Tamil Nadu Shops and Establishments Act, including 'child,' 'closed,' 'commercial establishment,' 'day,' 'employer,' and 'establishment.'
- S. 3The section specifies that all time references in the act are based on Indian Standard Time.
- S. 4Section 4 exempts various categories of establishments and employees from the application of the Tamil Nadu Shops and Establishments Act.
- S. 5The government can apply the Act to exempted persons or establishments and modify or cancel such application.
- S. 6The section allows the Tamil Nadu government to exempt certain establishments or classes from the act's provisions for a specified period.
- S. 7The section regulates shop opening and closing hours in Tamil Nadu, allowing the State Government to set specific times and make exceptions for serving customers.
- S. 8Section prohibits selling goods after shop closing time in streets, except for newspapers.
- S. 9Limits daily and weekly work hours in Tamil Nadu shops, allowing overtime with extra pay, and mandates a one-hour rest break.
- S. 10Section 10 limits work periods in shops to no more than twelve hours a day with rest intervals.
- S. 11Section 11 mandates weekly shop closures and employee holidays, with additional government-mandated closures and half-days.
- S. 12Section 12 applies the chapter's provisions only to establishments other than shops.
- S. 13Section 13 regulates opening and closing hours for establishments in Tamil Nadu, allowing the State Government to set specific times and make exceptions for restaurants.
- S. 14Limits daily and weekly work hours to eight and forty-eight respectively, with overtime allowed for longer hours.
- S. 15Section 15 limits work periods in establishments to not exceed twelve hours in a day with rest intervals.
- S. 16Section 16 mandates weekly holidays for employees and allows the State Government to add extra half-days off, ensuring no wage deduction for holidays.
- S. 17Children not to work in establishments-- No child shall be required or allowed to work in any establishment
- S. 18Young persons to work only between 6 a
- S. 19Limits young persons' daily and weekly working hours to seven hours and forty-two hours respectively, with no overtime allowed.
- S. 20Section mandates cleanliness and sanitation of premises in establishments, including specific methods like washing and disinfecting.
- S. 21Section 21 mandates ventilation standards for all establishments in Tamil Nadu.
- S. 22Lighting-- (1) The premises of every establishment shall be sufficiently lighted during all working hours
- S. 23Precautions against fire-- In every establishment, such precautions against fire shall be taken as may be prescribed
- S. 24Section 24 allows appeals against Inspector's orders under Chapter VI to a prescribed authority with final decision.
- S. 25Section 25 of the Tamil Nadu Shops and Establishments Act grants employees after 12 months of service holidays and sick leave with wages.
- S. 26Section 26 mandates employers to pay employees their average daily wages for annual holidays or leave.
- S. 27The section allows the State Government to increase annual holidays and holiday accumulation days for shops and establishments.
- S. 28Inspectors can initiate legal proceedings on behalf of employees to recover unpaid wages under this chapter.
- S. 29Every employer must pay all wages and required sums to their employees as per the act.
- S. 30Section 30 mandates employers to set wage periods not exceeding one month for wage payments.
- S. 31Section 31 mandates employees in Tamil Nadu establishments to receive double their regular wages for overtime work.
- S. 32Section 32 mandates timely wage payments within five days after the wage period or two days after termination, with possible exemptions by the State Government.
- S. 33Wages to be paid in current coin or currency notes-- All wages shall be paid in current coin or currency notes or in bo
- S. 34Section 34 of the Tamil Nadu Shops and Establishments Act regulates authorized wage deductions, listing specific permissible types.
- S. 35Section 35 regulates fines for employees in Tamil Nadu, specifying conditions and limits for their imposition and recovery.
- S. 36Section 36 allows wage deductions for absence from work, with limits on the proportion deducted and special rules for collective absences without notice.
- S. 37Section 37 limits deductions for employee-caused damage or loss and requires proper procedure and record-keeping.
- S. 38Section 38 prohibits wage deductions for accepted house amenities unless they match the service's value.
- S. 39Section 39 regulates wage advance deductions, prohibiting recovery of travel expense advances and allowing rules for non-earned advance recovery.
- S. 40Section 40 allows the State Government to impose conditions on deductions for payments to co-operative societies and insurance schemes.
- S. 41Section 41 mandates employers to provide one month's notice or wages for dismissals after six months, except for misconduct, and allows employees to appeal.
- S. 42The section allows the State Government to appoint officers as Inspectors for enforcing the Act within specified local limits.
- S. 43Inspectors can enter any establishment premises at reasonable times to examine registers, records, or notices.
- S. 44Section 44 designates inspectors under the Tamil Nadu Shops and Establishments Act as public servants under the Indian Penal Code.
- S. 45Section 45 imposes fines and imprisonment for violations of specified provisions in the Tamil Nadu Shops and Establishments Act.
- S. 46Penalty for obstructing Inspector, etc
- S. 47Section mandates employers to maintain prescribed registers, records, and display notices as directed by the State Government.
- S. 48The section allows the State Government to delegate its powers under the Act to subordinate officers or authorities, subject to control and revision.
- S. 49Power to make rules – (1) The 1[State] Government may make rules to carry out the purposes of this Act
- S. 50Rights and privileges under other law, etc
- S. 51Section 51 grants the Commissioner of Labour final authority to decide if the Act applies to an establishment or employee.
- S. 52The section allows the government to suspend certain provisions during fairs and festivals.
- S. 53Section 53 exempts establishments governed by this Act from the Weekly Holidays Act, 1942.