The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 — Physical PDF page 7 of 18

2017 : Mah. LXI]            The Maharashtra Shops and Establishments                                  7
                        (Regulation of Employment and Conditions of Service)
                                             Act, 2017
          (21) “shop” means any premises where goods are sold, either by retail or wholesale or
     where services are rendered to customers, and includes an office, a store-room, godown,
     warehouse or work place, whether in the same premises or otherwise, mainly used in connection
     with such trade or business, but does not include a factory;
          (22) “spread over” means the period between the commencement and the termination of the
     work of a worker on any day;
           (23) “theatre” includes any premises intended principally or wholly for the exhibition of
     pictures or other optical effects by means of a cinematograph or other suitable apparatus or for
     dramatic performances or for any other public amusement or entertainment;
          (24) “wages” means wages as defined in the Payment of Wages Act, 1936 (4 of 1936);
          (25) “week” means the period of seven days beginning at midnight of Saturday;
           (26) “worker” means any person (except an apprentice under the Apprentices Act, 1961 (52
     of 1961), employed to do any manual, unskilled, skilled technical, operational or clerical work for
     hire or reward, whether the terms of employment be express or implied.

     3. Act not to apply to certain establishments and persons.— The provisions of this Act shall
not apply to,—
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          (1) Establishments of the Central and State Government;
          (2) Establishments of Local Authorities;
          (3) Establishment of Mumbai Port Trust;
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          (4) Establishment of Railway Administration;
          (5) Offices of Reserve Bank of India;In
          (6) Offices of the Trade Commissioner and of Consular officers and other Diplomatic
     representatives of Foreign Government;
          (7) Offices of Air Service Companies;
          (8) Establishments used for treatment or care of infirm, destitute or mentally unfit;
          (9) Establishments pertaining to any kind of educational activities (excepting those where
     coaching or tuition classes are conducted by individual persons or any institutions other than
     those,—
               (a) affiliated to any university established by law, or
              (b) recognised by the Divisional Boards under the Maharashtra Secondary and Higher
          Secondary Education Boards Act, 1965 (Mah. XLI of 1965), or
                (c) recognised by the Directorate of Education or the Directorate of Technical
          Education as a private secondary or technical high school, Industrial Training Institute
          (I.T.I.), Polytechnic, Engineering Colleges or other technical institutions conducting courses
          recognised by Government;
          (10) High Court Law Libraries and other Courts Law Libraries;
           (11) A worker occupying position of confidential, managerial or supervisory character in an
     establishment, a list of which shall be displayed on the website of establishments and in absence
     of the website at a conspicuous place in the establishment and a copy thereof shall be sent to the
     Facilitators;
          (12) A worker whose work is inherently intermittent;
          (13) A member of the family of an employer.