The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 — Physical PDF page 6 of 18

6                          The Maharashtra Shops and Establishments                   [2017 : Mah. LXI
                       (Regulation of Employment and Conditions of Service)
                                            Act, 2017
          (4) “establishment” means an establishment which carries on, any business, trade,
    manufacture or any journalistic or printing work, or business of banking, insurance, stocks and
    shares, brokerage or produce exchange or profession or any work in connection with, or
    incidental or ancillary to, any business, trade or profession or manufacture; and includes
    establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic,
    maternity home and such others), architect, engineer, accountant, tax consultant or any other
    technical or professional consultant; and also includes a society registered under the Societies
    Registration Act, 1860 (21 of 1860), and a charitable or other trust, whether registered or not,
    which carries on, whether for purposes of gain or not, any business, trade or profession or work in
    connection with or incidental or ancillary thereto; and includes shop, residential hotel, restaurant,
    eating house, theatre or other place of public amusement or entertainment; to whom the
    provisions of the Factories Act, 1948 (63 of 1948), does not apply; and includes such other
    establishment as the State Government may, by notification in the Official Gazette, declare to be
    an establishment for the purposes of this Act;
         (5) “Facilitator” means a Facilitator appointed under section 28 of this Act;
          (6) “Factory” means any premises which is a factory within the meaning of clause (m) of
    section 2 of the Factories Act, 1948 (63 of 1948), or which is deemed to be a factory under
    section 85 of the said Act;
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         (7) “holiday” means a day on which a worker shall be given a weekly off under the
    provisions of this Act;                                   od
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         (8) “leave” means a leave provided for in Chapter IV of this Act;
         (9) “local area” means any area or combination of areas to which this Act applies;
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         (10) “local authority” means the Municipal Corporation of Brihan Mumbai constituted or
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    deemed to have been constituted under the Mumbai Municipal Corporation Act (III of 1888),
    Corporations constituted or deemed to have been constituted under the Maharashtra Municipal
    Corporations Act (LIX of 1949) and the Municipal Councils constituted or deemed to have been
    constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
    Townships Act, 1965 (Mah. XL of 1965), and includes any other body which the State
    Government may, by notification in the Official Gazette, declares to be a local authority for the
    purposes of this Act;
         (11) “Manager” means a person mentioned in the application under section 6 of this Act;
        (12) “member of the family of an employer” means the wife, husband, son, daughter, father,
    mother, brother or sister of an employer who lives with and is dependent on such employer;
         (13) “opened” means opened for the service of any customer, or for any business of the
    establishment, or for work, by or with the help of any worker of or connected with the
    establishment;
        (14) “period of work” means the time during which a worker is at the disposal of the
    employer;
         (15) “prescribed” means prescribed by rules made under this Act;
         (16) “prescribed authority” means the Commissioner of Labour for the purposes of this Act;
         (17) “register of establishment” means a register maintained for the registration of
    establishments under this Act, either manually or in electronic format;
         (18) “registration certificate” means a certificate of the registration of an establishment;
         (19) “residential hotel” means any premises used for the reception of guests and travellers
    desirous of dwelling or sleeping therein and includes residential club;
         (20) “restaurant or eating house” means any premises, in which, wholly or principally the
    business of the supply of meal or refreshments to the public or a class of the public for
    consumption on the premises is carried on;