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The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 — Physical PDF page 15 of 18

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Catalogue jurisdiction: Maharashtra; territorial applicability is unverified.

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2017 : Mah. LXI]               The Maharashtra Shops and Establishments                                              15
                           (Regulation of Employment and Conditions of Service)
                                                Act, 2017
    Provided that, the total amount of 1[penalty] shall not exceed two thousand rupees per workers
employed.
     2
      [(2) If any person is found to have committed second or subsequent contraventions under
sub-section (1), then he is liable to penalty which may extend to two lakh rupees for such
contravention:
    Provided that, the total amount of penalty shall not exceed two thousand rupees per worker
employed.]
     30. Penalty for contravention of provisions of this Act which resulted in accident.— Save as
otherwise expressly provided in this Act, where an employer on being held guilty of contravention of
any of the provisions of this Act or any rules made thereunder which has resulted in an accident
causing serious bodily injury or death of a worker, he shall, on conviction, be punished with
imprisonment which may extend to six months, or with fine which shall not be less than two lakh
rupees and which may be extended to five lakh rupees, or with both.
      31. Penalty for obstructions or refusal to provide register, etc.— (1) Whoever, wilfully
obstructs the Facilitator in exercise of any powers conferred on him by or under this Act or refuses or
wilfully neglects to afford a Facilitator any reasonable facility for making any inspection, examination,
inquiry or investigation authorized by or under this Act in relation to an establishments, 3[shall be
liable to penalty which may extend to two lakh rupees].                      e
                                                                       od
     (2) Whoever, wilfully refuses to produce on the demand of a Facilitator any register or other
document kept in pursuance of this Act or the rules made thereunder or prevents or attempts to prevent
                                                               aC
or does anything which he has reason to believe to prevent any person from appearing before, or being
examined by, a Facilitator acting in pursuance of his duties under this Act, 4[shall be liable to penalty
which may extend to two lakh rupees]:                     di
                                                     In
    Provided that, total amount of 5[penalty] shall not exceed two thousand rupees per worker
employed.
     6
      [31A. Adjudication.— (1) The State Government, for the purposes of determining and imposing
penalties under any provisions of this Act, or any rules made thereunder, may appoint an officer not
below the rank of Government Labour Officer to be the adjudicating officer, to hold an inquiry and
impose a penalty in the manner as may be prescribed:
     Provided that, the State Government may appoint as many adjudicating officers as may be
required.
     (2) The adjudicating officer may summon and enforce the attendance of any person acquainted
with the facts and circumstances of the case to give evidence or to produce any document, which in the
opinion of the adjudicating officer, may be useful for, or relevant to, the subject matter of the inquiry
and if, on such inquiry, he is satisfied that the person concerned has failed to comply with any
provisions of this Act, or any rules, made thereunder, he may impose a penalty:
     Provided that no such penalty shall be imposed without giving the person concerned a reasonable
opportunity of being heard.

      31B. Appeal.— (1) Whoever is aggrieved by the order, passed by the adjudicating officer under
section 31A, may prefer an appeal to an officer not below the rank of Deputy Commissioner of Labour,



1   This word was substituted for the word “fine” by Mah. 56 of 2025, s. 2, Schedule-I, Sr. No. 7.
2   Sub-section (2) was substituted by Mah. 56 of 2025, s. 2, Schedule-I, Sr. No. 7.
3
    These words were substituted for the words “shall, on conviction, be punished with fine which may extend to two lakh
    rupees” by Mah. 56 of 2025, s. 2, Schedule-I, Sr. No. 7.
4   These words were substituted for the words “shall, on conviction, be punished with fine which may extend to two lakh
    rupees” by Mah. 56 of 2025, s. 2, Schedule-I, Sr. No. 7.
5   This word was substituted for the word “fine” by Mah. 56 of 2025, s. 2, Schedule-I, Sr. No. 7.
6   Sections 31A and 31B were inserted by Mah. 56 of 2025, s. 2, Schedule-I, Sr. No. 7.