The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 — Physical PDF page 5 of 18

2017 : Mah. LXI]                  The Maharashtra Shops and Establishments                                            5
                              (Regulation of Employment and Conditions of Service)
                                                   Act, 2017

                                   MAHARASHTRA ACT No. LXI OF 20171
               [THE MAHARASHTRA SHOPS AND ESTABLISHMENTS (REGULATION OF
                     EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2017.]
    [This Act received the assent of the Governor on the 6th September 2017; assent was first published in
                 the Maharashtra Government Gazette, Part IV, on the 7th September 2017.]
                An Act to provide for the regulation of conditions of employment and other
                  conditions of service of workers employed in shops, residential hotels,
                  restaurants, eating houses, theatres, other places of public amusement
                        or entertainment and other establishments and for matters
                                connected therewith or incidental thereto.
      WHERAS it is expedient to provide for the regulation of employment and other conditions of
service of workers employed in shops, residential hotels, restaurants, eating houses, theatres, other
places of public amusement or entertainment and other establishments and for matters connected
therewith or incidental thereto; it is hereby enacted in the Sixty-eighth Year of the Republic of India as
follows :—

                                                     CHAPTER I
                                                                               e
                                                     PRELIMINARY        od
     1. Short title, extent, application and commencement.— (1) This Act may be called the
                                                                 aC
Maharashtra Shops and Establishments (Regulation of Employment and Condition of Service) Act,
2017.
                                                            di
        (2) It extends to the whole of the State of Maharashtra.
         2                                             In
       [(3)(a) The provisions of this Act, expect section 7, shall apply to the establishments employing
ten or more workers.
     (b) The provisions of sections 7 and 36A shall apply to the establishments employing less than
ten workers.]
      (4) It shall come into force on such date3 as the State Government may by notification in the
Official Gazette appoint.

        2. Definition.— In this Act, unless the context otherwise requires,—
               (1) “Chief Facilitator” means the Chief Facilitator appointed as such under section 28 of this
        Act;
               (2) “day” means the period of twenty-four hours beginning at midnight;
             (3) “employer” means a person owning or having ultimate control over the affairs of an
        establishment, and includes,—
                     (i) in the case of a firm or association of individuals, a partner or members of the firm
               or association;
                    (ii) in the case of a company, a director of the company ;
                     (iii) in the case of an establishment owned or controlled by the Central Government or
               a State Government or any local authority, the person or persons appointed to manage the
               affairs of such establishment by the Central Government or the State Government or the
               local authority, as the case may be;

1      For the Statement of Objects and Reason, (in English) See Maharashtra Government Gazette, Part V-A, Extraordinary
       No. 48, dated the 8th August 2017, Page 15.
2      Sub-section (3) was substituted by Mah. 24 of 2022, s. 2.
3      This Act was brought into force by G.N.I.E.L.D., No. MSA. 07/2016/CR-218/Lab-10, dated the 19th December 2017,
       w.e.f. 19th December 2017.