government of Maharashtra notified the Maharashtra Shops and
Establishments (Regulation of Employment and Conditions of
Service) Act, 2017 (New Act) on 07 September 2017. The New Act
came into effect on 19 December 2017.
Some of the changes introduced in the definitions under the New Act are described below:
Old Act applied to all establishments regardless of the number of
workers. However, the New Act only applies to establishments
having 10 (ten) or more workers. Thus, establishments with fewer
than 10 (ten) workers are exempted from complying with the
provisions of the New Act.
If, however, the number of workers in such establishment becomes 10 (ten) or more, the provisions of the New Act will apply to the establishment and the establishment will have to obtain registration under the New Act.
The New Act provides for the appointment of a "facilitator" and a "chief facilitator" by the state government in place of an "inspector" under the Old Act. The facilitator shall, in addition to performing the duties of an inspector, advise employers on how to comply with the New Act.
The New Act relaxes provisions for the process of registration of establishments:
New Act prohibits discrimination against women workers in the
matter of recruitment, training, transfers, promotion or wages.
The Old did not have any such provision.
the Old Act, no commercial establishment was permitted to be
opened earlier than 8:30 a.m. and closed later than 9:30 p.m. The
New Act has removed this restriction and permits establishments to
remain open 24x7.
The New Act has expanded the welfare provisions for workers. In addition to the provisions existing in the Old Act such as ventilation, cleanliness, lighting, first aid and precaution against fire, the New Act additionally provides for the following:
the case of contravention of certain provisions of the New Act,
the maximum fine may extend to INR 200,000. Where the
contravention is a continuing one, the New Act imposes a further
fine, up to a maximum of INR 2,000 for every day during which the
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