The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 — Physical PDF page 14 of 18

14                               The Maharashtra Shops and Establishments                           [2017 : Mah. LXI
                             (Regulation of Employment and Conditions of Service)
                                                  Act, 2017
    (4) Subject to such conditions as may be prescribed, a Facilitator may, within the local limits for
which he is appointed—
            (i) advice the employers and workers and provide them such information as may be
      considered necessary for complying with the provisions of this Act effectively ;
            (ii) inspect the establishment in accordance with the scheme for inspection referred to in
      sub-section (3), and may—
                   (a) enter, at all reasonable time and with such assistants, if any, being persons in the
             service of the Government or of any local authority as he thinks fit, any place which is or
             which he has reason to believe is an establishment;
                  (b) make such examination of the premises and of any prescribed registers, records and
             notices, and take on the spot or otherwise evidence of any persons as he may deem
             necessary for carrying out the purposes of this Act;
                  (c) examine any person who is found in any premises of the establishment and whom,
             the Facilitator has reasonable cause to believe, is a worker of the establishment;
                  (d) require any person to give any information, which is in his power to give with
             respect to the names and addresses of the persons;
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                  (e) search, seize or take copies of such register, record of wages or notices or portions
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             thereof as the Facilitator may consider relevant in respect of an offence under this Act and
             which the Facilitator has reason to believe has been committed by the employer;
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                  (f) bring to the notice of the State Government defects or abuses not covered by the
             law for the time being in force; and           di
                   (g) exercise such other powers, as may be prescribed :
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                   Provided that, no person shall be compelled under this section to answer any question
             or give any evidence tending to incriminate himself.
     (5) The Chief Facilitator shall apart from exercising all the powers and functions of the Facilitator
control and supervise the functioning to the Facilitator and may assign or reassign the area of work of
the Facilitator subject to the jurisdiction of the local area.
      (6) Any person required to produce any document or to give any information required by Chief
Facilitator and Facilitator appointed under sub-sections (1) and (2) shall be deemed to be legally bound
to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860).
     (7) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be,
apply to the search or seizure under sub-clause (e) of clause (ii) of sub-section (4) as they apply to the
search or seizure made under the authority of a warrant issued under section 94 of the said Code.
    (8) Every Chief Facilitator and Facilitators appointed under sub-sections (1) and (2) shall be
deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

                                                    CHAPTER VII
                                             OFFENCES AND PENALTIES
     29. Penalty for contravention of provisions of this Act.— (1) Whoever, contravenes the
provisions of this Act or the rules made thereunder shall be 1[liable to penalty which may extend to one
lakh rupees and in case of continuing contravention, with an additional penalty which may extend to
two thousand rupees for every day during which such contravention continues]:




1    These words were substituted for the portion beginning with the words “punishable with fine” and ending with the words
     “such contravention continues” by Mah. 56 of 2025, s. 2, Schedule-I, Sr. No. 7.