The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 — Physical PDF page 17 of 18

2017 : Mah. LXI]                The Maharashtra Shops and Establishments                               17
                            (Regulation of Employment and Conditions of Service)
                                                 Act, 2017
                                                  CHAPTER VIII
                                                  MISCELLANEOUS
     34. Power to exempt.— The State Government may, by notification in the Official Gazette,
exempt from the operation of all or any of the provisions of this Act or rules, any establishment or class
thereof or any employer or worker or person or class of employers or workers or persons to whom this
Act applies for any period on such terms and conditions, as it may thinks fit.

      35. Rights and privileges under other laws etc., not affected.— Nothing in this Act shall
affect any right or privileges which a worker in any establishment is entitled to at the date of
commencement of this Act under any other law, contract, custom or usage applicable to such
establishment or any award, settlement or agreement binding on the employer and the worker in such
establishment, if such rights or privileges are more favourable to him than those to which he would be
entitled under this Act.

      36. Protection of action taken in good faith.— No suit, prosecution or legal proceedings shall
lie against any person for anything which is in good faith done or intended to be done under this Act.
     1
      [36A. Name Board to be in Marathi.— (1) The Name Board of every establishment registered
                                                                     e
under section 6, or of every establishment to which section 7 apply, shall be in Marathi language in
Devnagari script :                                                od
     Provided that, the employer of such establishment may also have the Name Board in any other
                                                             aC
language and script in addition to Marathi in Devnagari script :
      Provided further that, lettering in Marathi language shall essentially be written in the beginning
                                                         di
on the Name Board and the font size of the letters in Marathi Language shall not be smaller than the
font size of the letters in any other language.         In
     (2) No establishment where liquor is served or sold shall have a Name Board in the name of
legends or forts.]

    37. Power to make rules.— (1) The State Government may, by notification in the Official
Gazette, make rules to carry out the purposes of this Act.
     (2) All rules made under this Act shall be subject to the condition of previous publication.
     (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each
House of the State Legislature, while it is in session for a total period of thirty days, which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
in which it is so laid or the session or sessions immediately following, both Houses agree in making
any modification in any rule or both Houses agree that the rule should not be made, and notify their
decision to that effect in the Official Gazette, the rule shall, from the date of publication of such
decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case
may be, so however that, any such modification or annulment shall be without prejudice to the validity
of anything previously done or omitted to be done under that rule.

     38. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions
of this Act, the State Government may, as occasion arises, by an order published in the Official
Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be
necessary or expedient for the purposes of removing the difficulty :
      Provided that, no such order shall be made after the expiry of the period of two years from the
date of commencement of this Act.
     (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made,
before each House of the State Legislature.

1   Section 36A was inserted by Mah. 24 of 2022, s.4.