251-Ex-IV-2—1 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY © [Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.
2018 [Price: Rs. 24.00 Paise.
No. 251] CHENNAI, FRIDAY, JULY 13, 2018 Aani 29, Vilambi, Thiruvalluvar Aandu–2049 Part IV—Section 2 Tamil Nadu Acts and Ordinances CONTENTS [ 111 ] Pages.
ACTS :
No. 26 of 2018—The Tamil Nadu Industrial Establishments (National, Festival and Special Holidays) Amendment Act, 2018. .. .. .. .. .. .. 112 No. 27 of 2018— The Tamil Nadu Shops and Establishments (Amendment) Act, 2018. .. 113-116 No. 28 of 2018— The Tamil Nadu Repealing Act, 2018. .. .. .. .. .. .. 117-120 No. 29 of 2018—The Tamil Nadu Repealing and Amending Act, 2018. .. .. .. 121-124 No. 30 of 2018—The Tamil Nadu Town and Country Planning (Second Amendment) Act,
2018. .. .. .. .. .. .. 125-128 No. 31 of 2018—The Tamil Nadu Town and Country Planning (Third Amendment) Act, 2018. 129-140 No. 32 of 2018—The Tamil Nadu District Municipalities (Amendment) Act, 2018. .. .. 141-142 No. 33 of 2018—The Tamil Nadu Lokayukta Act 2018. .. .. .. .. .. .. 143-168 No. 34 of 2018—The Tamil Nadu National Law School (Amendment) Act, 2018. .. .. 169 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 113 An Act further to amend the Tamil Nadu Shops and Establishments Act, 1947.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu Shops and Establishments (Amendment) Act, 2018.
Short title and commencement.
(2) It shall come into force on such date as the State Government may, by notifi cation, appoint.
Tamil Nadu Act XXXVI of 1947.
2. In section 2 of the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the principal Act), after clause (17), the following clause shall be inserted, namely:— Amendment of section 2.
“(17-a) “time” means the Indian Standard Time which is fi ve and a half hours ahead of Greenwich Mean Time;”.
3. For section 3 of the principal Act, the following sections shall be substituted, namely:— Substitution of section 3.
“3. Registration of shops and establishments.— (1) On and from the date of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018, employer of every establishment employing ten or more workers shall, within a period of six months from the date of commencement of his business, apply for registration and obtain a registration certifi cate.
(2) Every application for registration under sub-section (1) shall be in such form and in such manner as may be prescribed.
(3) The inspector on receipt of an application under sub-section (2), register the establishment and issue a registration certifi cate to the employer in such form as may be prescribed.
(4) The inspector shall maintain the Register of establishments and the registration certifi cate issued by the inspector shall be prominently displayed in the establishment by the employer.
(5) (a) The registration certifi cate shall be valid for a period of fi ve years and shall be renewable once in fi ve years on payment of such fees as may be prescribed and the provisions of sub-sections (2) and (3) shall apply for the renewal of registration certifi cate;
(b) Every employer shall apply for renewal of his registration certifi cate before thirty days from the date of expiry of the period of validity of the registration certifi cate.
(6) If registration or renewal of a registration certifi cate is not issued within a period of thirty days from the date of receipt of application by the inspector, the registration certifi cate shall be deemed to have been granted or renewed, as the case may be, under this Act.
The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 13th July 2018 and is hereby published for general information:— ACT No. 27 OF 2018.
114 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(7) The employer shall give intimation to the inspector, of any change in any of the particulars furnished in the application form submitted under sub-section
(2), within a period of thirty days of such change. The inspector shall on receipt of such intimation shall amend the registration certifi cate or issue a fresh registration certifi cate.
(8) The employer shall, within a period of thirty days of the closure of the establishment, give intimation of such closure to the inspector and on receipt of such intimation, he shall cancel the registration certifi cate:
Provided that where the inspector is satisfi ed otherwise than on receipt of such intimation, that the establishment has been closed, he shall cancel such registration certifi cate.
(9) Notwithstanding anything contained in sub-section (1) employer of every existing establishment employing ten or more workers on the date of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018 shall intimate the details of the establishment along with a self declaration in such form as may be prescribed to the inspector, within a period of six months from the date of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018. The inspector shall after recording the intimation furnished by the employer in the register, issue a registration certifi cate.
3-A. Intimation of shops and establishments employing less than ten workers.— (1) Employer of every establishment employing less than ten workers shall, within a period of six months from the date of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018 or within a period of six months from the date of commencement of his business, give intimation of his business in such form and in such manner as may be prescribed, to the inspector.
The inspector shall record the particulars furnished by the employer in such register as may be prescribed:
Provided that, if at any point of time, the numbers of workers engaged in the establishment become ten or more, then all the provisions of this Act shall apply to such establishment and the employer of such establishment shall apply for registration and obtain a registration certifi cate as per the provisions of section 3.
(2) The employer of an establishment employing less than ten workers shall, within a period of thirty days of the closure of the establishment give intimation of such closure to the inspector. The inspector, on receiving the information shall remove the entry of such establishment from the register maintained by him.”.
Amendment of section 9.
4. In section 9 of the principal Act, in the proviso to sub-section (1), for the expressions “ten hours” and “fi fty-four hours”, the expressions “ten and a half hours” and “fi fty-seven hours” shall, respectively, be substituted.
Amendment of section 14.
5. In section 14 of the principal Act, in the proviso to sub-section (1), for the expressions “ten hours” and “fi fty-four hours”, the expressions “ten and a half hours” and “fi fty-seven hours” shall, respectively, be substituted.
Amendment of section 45.
6. In section 45 of the principal Act, for the expression “sections 7 to 11, 13 to 23, 25, 26, 29 to 41 and 47”, the expression “sections 3, 3-A, 7 to 11, 13 to 23, 25, 26, 29 to 41 and 47” shall be substituted.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 115
7. After section 47 of the principal Act, the following section shall be inserted, namely:— Insertion of new section 47-A.
“47-A. Annual Return.— Every employer of an establishment shall furnish an annual return, in such form and manner to such authority as may be prescribed.”.
8. In section 49 of the principal Act, in sub-section (2), for the expression “which may extend to fi fty rupees”, the expression “which may extend to two thousand rupees” shall be substituted.
Amendment of section 49.
9. After section 50 of the principal Act, the following section shall be inserted, namely:— Insertion of new section 50-A.
“50-A. Prohibition of discrimination against women employee.— No woman employee shall be discriminated in matters of recruitment, training, transfers, promotions or wages.”.
(By order of the Governor) S.S. POOVALINGAM, Secretary to Government, Law Department.