The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 — Physical PDF page 10 of 18

10                          The Maharashtra Shops and Establishments                  [2017 : Mah. LXI
                        (Regulation of Employment and Conditions of Service)
                                             Act, 2017
     Provided that, if the Facilitator does not receive the information but he is otherwise satisfied that
any establishment has been closed, he may remove such establishment from such register of
establishments and cancel such certificate.
                                             CHAPTER III
 OPENING AND CLOSING HOURS, HOURS OF WORK, INTERVAL FOR REST, SPREAD-OVER, WAGES FOR
                              OVERTIME AND WEEKLY OFF
      11. Opening and closing hours of establishment.— Notwithstanding anything contained in this
Act, the State Government may, fix, by notification in the Official Gazette, in the public interest, such
hours for opening and closing of different classes of establishments and for different premises,
shopping complex or mall or for different area or areas and for different period.

      12. Daily and weekly hours of work in establishment and interval for rest.— Subject to the
other provisions of the Act, no adult worker shall be required or allowed to work in any establishment
for more than nine hours in any day and forty-eight hours in any week. No adult worker shall be asked
to work continuously for more than five hours unless he has been given a break of not less than half an
hour:
     Provided that, the working hours or weekly holiday may be relaxed in case of work of urgent
nature with the previous permission of the Facilitator.              e
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      13. Prohibition of discrimination against woman worker.— (1) No woman worker shall be
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discriminated in the matter of recruitment, training, transfers or promotion or wages.
     (2) No woman worker shall be required or allowed in work in any establishment except between
the hours of 7-00 a.m. and 9-30 p.m. :              di
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       Provided that, the woman worker with her consent, shall be allowed to work during 9-30 p.m.
and 7-00 a.m. in any establishment in which adequate protection of their dignity, honour and safety,
protection from sexual harassment and their transportation from the establishment to the doorstep of
their residence as may be prescribed are provided by the employer or his authorised representative or
manager or supervisor.
      (3) Notwithstanding anything contained in the preceding sub-sections, the State Government
may, by notification in the Official Gazette, in the public interest, prohibit or regulate the employment
of women workers after 9-30 p.m. and before 7-00 a.m. in such shops, establishments, hotel,
restaurants, residential hotels, permit rooms, bar, spa-massage parlours, lodges or any business or any
trade or occupation in such area or areas as it may deem fit.
     14. Spread-over in establishments.— The spread-over of a worker in establishment shall not
exceed ten and half hours in any day, and in case a worker entrusted with intermittent nature of work or
urgent work, the spread over shall not exceed twelve hours.

     15. Wages for overtime.— Where a worker in any establishment is required to work beyond
nine hours a day or forty-eight hours a week, he shall be entitled, in respect of the overtime work,
wages at the rate of twice his ordinary rate of wages. The total number of overtime hours shall not
exceed one hundred and twenty- five hours in a period of three months.

       16. Weekly holiday for worker.— (1) (a) A department or any section of a department of the
establishment may work in more than one shift at the discretion of the employer and if more than one
shift is worked, the worker may be required to work in any shift at the discretion of the employer.
      (b) An establishment may be kept open for business on all days in a week subject to the condition
that every worker shall be allowed weekly holiday of at least twenty-four consecutive hours of rest.
     (c) If a worker is denied weekly holiday, the compensatory leave in lieu thereof shall be given
within two months of such weekly holiday.