SYNOPSIS OF THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT & RULES I.
APPLICABILITY OF THE ACT: To the whole of Karnataka To all areas and classes of shops/ establishments as notified by the State Government Not applicable to persons occupying positions of management Exemptions from certain provisions in respect of certain category of establishments or persons/employees as altered, modified from time to time by the by the Government by notification in the official gazette.
II.
SUSPENSION OF THE ACT(Section 38): Govt. may by notification suspend operation of all or any provisions of the Act for a specified period on any special occasion in connection with a fair or festival or a succession of public holidays.
III.
APPLICATIONS/FORMS/ RETURNS TO BE FILED: Sl. No .
Category Compliance
Of Compliance requirement
1
Apply Registration
for Within 30 days commencement business
2
3 4 5 6
Relevant Provision
of Section 4, Rule 3, of Form A Fees as per Schedule I Registration valid for 5 years. Renewal of regn. Not less than 90 days Section 4 (4), Form prior to the expiry of AA the regn/ renewed Fees as per Schedule regn. Certificate. I Display of regn. At a conspicuous Section 4 (2) Certificate place in the shop Form C Notice of change Any change in the Section 5, Rule 5, information - Within Form D 15 days of the change Notice of closing Within 15 days of the Section 6, No of establishment closure prescribed Form Duplicate Rule 4-A, Fee of Certificate in the Rs.50/event of loss of Regn. Certificate
Applications/Forms/ returns are to be filed with the Inspector as notified by the State Government under Section 26 of the Act.
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SYNOPSIS OF THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT & RULES
IV.
NOTICE/ INTIMATION TO THE INSPECTOR: Compliance requirement
Relevan t Provisio n Notice to be given regarding weekly holiday Section 12 On demand from the Inspector, submission of a certificate Rule 22, of age from a regd. medical practitioner in Form J in Form J respect of any person employed V.
NOTICES TO BE DISPLAYED IN A CONSPICUOUS PLACE: Sl.N o 1
Nature of Notice
Forms
Other requirements
Notice of weekly closure
Section 12
Copy to be sent to the Inspector concerned.
2
Notice of Weekly Holiday Rule 24 (4), of each employee in Form P respect of Shop or Establishment Extract of the Act & Rule 24 (6) In Kannada and in the Rules language of the majority of the employees Name Board in Kannada Rule 24-A other language in and such other addition to Kannada languages as locally shall be written below used the Kannada version
3
4
VI.
REGISTERS TO BE MAINTAINED Entries in respect of a day to be made on the same day Sl. No . 1
2
Nature of Registers to be maintained
Form
Register of Employment: If the Opening and closing hours and period Form J of interval for rest are ordinarily uniform In all other cases Form H Register of Leave Form F
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SYNOPSIS OF THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT & RULES 3
VII.
Rule 8 Visit Book for recording of remarks by the Rule 23 (11) Inspector
MAINTAINANCE AND PRESERVATION OF RECORDS, REGISTERS, NOTICES ETC., - SECTION 34 & RULE 24: All records shall be maintained in Kannada or in English. All registers and all records pertaining to a calendar year to be preserved till the end of next calendar year. If any office, store-room, godown, warehouse or work place used in connection with the trade or business of a shop is situated at any premises other than the premises of the shop, all the registers/ records/notices as required under this Act shall be separately maintained etc., at such office, store-room, godown, warehouse or work place. Employer to produce on demand by Inspector for inspection any register, records, notices required to be kept for the compliance of the Act On application by the employer if the govt, is satisfied that any muster roll, register or record maintained by the employer furnishes the particulars as required to be maintained under the Rules, the Govt. may by order direct that such muster roll/ register/ record be deemed to the corresponding extent to be the register/ record required to be maintained under the Rules.
VIII. Lighting, Fire Exit etc., (Rules 17 to 20): To be sufficiently lit Precautions against fire, no smoking or use of naked light in the vicinity of inflammable material Window, door giving access to an external staircase to be so arranged as to open immediately from inside. Building of more that one storey to be provided with two stairs. IX.
PENALTY (Section 52 to 61 & Rule 51): Offence relating to overtime, production of records to inspector, maintainance of records etc., - fine upto Rs.250/ Offence relating to employment of children - for the first offence: imprisonment not less than 3 months extendable to 6 months or with fine not less than Rs.10000/- which may extend upto Rs.20000/- or both & Second and subsequent Offence: imprisonment not less than 6 months extendable to one year For Other offences - First offence - fine upto Rs.1000/- & Second and subsequent Offence - fine upto Rs.2000/ Penalty for obstructing Inspector - Fine upto Rs.500/-
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SYNOPSIS OF THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT & RULES Contravention of Rules – fine not less than Rs.100/extendable upto Rs.250/ Limitation for prosecution - 6 months from the date of the alleged offence. Cognizance and trial of offence by a Court not inferior to a Second Class Magistrate only upon a written complaint by the inspector
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