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TABLE OF CONTENTS
CHAPTER-I PREL!fMINARY I, Short title, extent, application and commencement.
2. Definiti9ns.
3. Act not to apply to certain persons and premises .
4. Certain rights and privileges not to be affected.
CHAPTER-II REGISTRATION AND ISSUE OF LABOUR IDENTIFICATION NUMBER
5. Registration of shops and establishment and issue of labour identification number.
CHAPTER-llII DUTIES OF EMPLOYER
6. Prohibition on discrimination against women workers.
7. Health and Safety of workers.
8. Working hours.
9. Wages for overti111e.
10. Shifts and period of rest.
CHAPTER- IV LEA VE AND HOLIDAYS
11. Annual, casual and sick leave and other holidays ..
i i i i
12.
13.
Drinking water.
Latrines and urinals.
14. Creche facility.
15. First-Aid.
16. Canteen.
CHAPTER-V WELFARE i0 ROVISIONS C HA PTER-VI FACILITATORS AND THEIR POWERS AND FUNCTIONS
17. Appointment of Chief Facilitator, Facilitators and their powers .
CHAPTER - VII RECORDS AND RETURNS
18. Maintenance of register and records.
19. Annual return .
CHAPTER -Vlll OFFENCES AND PENAL TIES
20. Penalty for contravention of provisi ons of this Act.
21. Penalty for contravention of provisions of this Act which resulted in accident.
2f. Penalty for obstruction, refusal to provide register, etc.
23. Cogn izance of offences.
24. Compounding of offences.
CHAPT.ER - IX MISCELLANEOUS
25. Protection of action tak ing in good faith.
26. Power to grant exemption.
27. Application of other laws not barred.
28. Power to make rules.
29. Power to remove difficulties.
30. Repeal and saving.
614 ( 15 ) f 614 (16 ) CHH!ATTIS'GARH ACT (No. 21 of2018) THE CHHATTISGARH SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2017 An Act to consolidate and amend the laws relating to regulation of employment and other service conditions of workers employed in s hops and establishments and for matters connected therewith or incidental thereto.
Be it enacted by the Chhattisga rh Legislature in the Sixty-eighth Year of the Republic of Indi a, as fo ll ows:- Short title, extent.
application and commencement.
Definitions.
I.
2.
( I )
(2)
(3)
(4)
CHAPTER- I PRELIMlINARY This Act may be called the Chhatt isgarh Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 201 7.
It shall extend to the whole State of ChLattisgarh .
It shall apply to the shops and establishments employ ing ten or more workers.
It shall come into force on such date as the State Government may, by · not ification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,-
(a) 'Chief Facilitator" means the Chief Facilitator appo inted under subsection (1) of Section l7 ;
(b) "'Day" means a peri od of twenty-fo ur hours beginning at mi d night;
(c) ·'Employer" means an owner or a person who has ul t imate contro l over the affa irs ofa shop or an establi shm ent, and includes, - ( i) in the case of a firm or asso~iation of individuals, a partner or member of the firm or associ ation;
( ii ) in the case of a com pany, a d irector of the company;
( ii i) in the case of a shop 1or an es tab I ishment owned or contro ll ed by the Central Governm ent or the State Governm ent or Local Authority, the person or persons appointed to manage the affairs of such shop or estab lishm ent by the Central Governm ent or the State Governm ent or Local A uthori ty , as the case may be;
(d) "Establishment" means any premi~es, not bei ng the prem ises of a factory or a shop,- ( i) wherei n any trade, business, manufac ture, or any work in connecti on with, or incidenta l r anci ll ary thereto, or any jo urna li sti c or printing work or bu:, iness of banking, insurance, stocks and shares, brokerage or produce exchange, is carried on; or ( ii ) w hich is used as theater, c inema o.r fo r any othe r public amusement or ente rtainm ent, to whom the prov isions of the Factori es Act, 1948 (No. 63 of 1948) does not apply;
(e) ·'Notification '' means a notifi cat ion publi shed in the Offic ia l Gazette;
i i i i mfflw1¢ (NfC1'31, ~; 23 m 20 1s
(f) "Prescribed" means prescribed by rules made under this Act;
(g) "Shop" means any premises where goods are sold, either by retail ·o r wholesale or where services are rendered to customers and includes an office, a store-room, go-down, warehouse or workhouse or work place for distribution or packing or repacking of finished goods is carried on,but does not include a shop attached to a factory where persons employed in such shop are allowed the benefits provided under the Factories Act, 1948 (No. 63 of l 948);
(h)
(i) "Wages" means all remuneration (whether by way of salary, a llowances or otherwise) expressed in terms of money or capable of being so expressed which would , if the te rms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work fone in such employment, and · includes, - ( i) any remuneration payable under any award or settlement between the parties or under any o rder of a court or tribuna l;
(ii) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(iii) any additional remuneration payable under the term s of employment (whether called a bonus or by any other name);
( iv) any sum ~hich by reason of the termination of employment of the person employed is payable under any law, contract o r instrument which provides for the payment of such sum, whether with or without deductions;
(v) any sum to which the person employed is entitled under any scheme framed under any law, for the time being in force ; and (v i) house rent allowance, but does not include,- (A) any bonus, which does not form part of the remunerati on payable under the terms of employment or which 1s not payable under any award or settlement between the parties o r under any order of a court;
(B) the value of any accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general r special order of the State Government;
(C) any contribution paid by the employer to any pension o r provident fund , and the interest which may have accrued thereon ;
(D) any travelling allowance or the value of any travelling concession ;
(E) any sum paid to the empl oye person to defray speci a l expenses entailed to him by i:he nature of hi s employment; or any gratuity payable on the terminat ion of employment in cases oth r than those specified in sub-cl a use (iv);
·'Week'' means a period of seven days , beginning at midnig ht on Saturday night or such other nig ht as may be approved in writing for a particu lar area by the Chief Facilitator;
614{17) 614 (18) Act not to apply to certain persons and premises.
3.
Certain rights and 4.
privileges not to be affected.
Registration of shops 5.
and establishm~nt and issue of Labour identification Number.
Prohibition on discrimination against women workers.
6.
(j) (I) ··worker" means any person (except an apprentice under the Apprentice Act, 1961 (No. 52 of 1961)) emp loyed to do any manua l, unskilled , skil led, technical , operational or c lerical work for hire or reward. whether the terms of employment :,e epress or impli ed.
The provisions of this Act shall not apply to, -
(a) a worker occupying a posit.on of confidenti al , managerial or supervisory character in a shop or in an estab li shment;
(b) a worker whose work is inherently intermittent;
(c) any office of the Governmem or the Local Authority;
(d) any office ofthe Reserve Bank of lndi a;
(e) an establ ishment used for the care and treatment of the sick, infirm, destitute or mentally unfit; and
(t) a member of the fami ly ofan empl oye r.
(2) A I ist of the workers referred to in clause (a) of sub-section ( I) shal l be disp layed on the website of the shop or establishment and in absence of the webs ite , at a conspicuous place in the shop or estab lishment and a copy thereof sha ll be sent to the Facil itator.
( I )
(2)
(3)
(4) (I) Noth ing contained in this Act shall adversely affect any right or privile0 e to which any worker is ent itled , under any law, award, agreement, contract custom or usage for the time ')eing in force.
CHAPTER-II - -- REGISTRATION AND ISSUE OF LAlBOUR IDENTIFICATION NUM BER.
On the commencement of this Act, every shop and establishment, emp loying ten or more workers, shall app ly for registration within a period of s ix months from the date of such commencement or the date on which such shop or establishment comes into ex istence and obta in a Labour Identification Number.
Every shop and establishment, emp loying ten or more workers, shall make an app li cation for registration to such authority and in such form and manner as may be prescribed.
The author ity referred to in sub-section (2) shall , on receipt of an app lication under sub-section (2), register t e shop or estab li shment and issue a Labo ur Identification Number in such form as may be prescribed.
' Notwithstand ing anything contained m this section, the shops and estab li shments registered under the provis ions of the Employees State Insurance Act, 1948 (No. 34 of 1948) or the Emp loyees Provident Fund and Misce llaneous Provi sions Act, 1952 (No. 19 of 1952) or any rules, regulations or schemes made t ereuncer sha ll be deemed to be registered for the purposes of th is Act:
Provided that such shops and estab li shments sha ll , within a period of six months from the commencement of this Act, obtain a Labour Identifi cation Number in such manner as may be prescribed ..
CHAPTER-Ill DUTIES OF !EMPLOYER No woman worker shall be di sc riminated against in matters concern ing recruitment, training, transfers, promo :ions or wages.
7.
8.
(2) No woman shall be required or allowed to work in a shop or establishment except between 6 a.m. and 9 p.m. :
(I)
Provided that, where the State Government or any person, authori zed by it in this behalf, is satisfied that the provision of shelter, rest room, night creche, ladies' toilet, a ·equate protection of their dignity, honour and safety, protection from sexual harassment, and the ir transportation from the shop or establishment to the door step of their residence exists in such shop or establishment, it may, by notiti'cation, after obtaining the consent of the woman worker, allow her to work between 9 p.m . and 6 a.m., subject to such conditions as may be specified in the notification.
Every employer shall take such measures relating to the health and safety (including cleanliness, lighting, ventilation and prevention of fire) of the workers as may be prescribed.
(2) Every employer shall be responsible for providing constant and adequate provisions relating to the health and safety of the workers employed in such shop or establishment and to ensure necessary steps given under sub-section (I) is taken to prevent the happening of any kind of accident.
(I)
(2)
(3) No adult worker shall be required or allowed to work continuously in a shop or establishment for more than forty-e ight hours in a week and nine hours in a day, unless he has been given a break of not less than half an hour after every five hours:
Provided that, the working hours or weekly rest may be relaxed in case of work of urgent nature and with the previous permission of the Facilitator.
The total number of hours of work i1 a shift including the rest interval shall not exceed ten and half hours in any shop or establishment and in case a worker is entrusted with intermittent nature of work or urgent work, the spread over shall not exceed twelve hours.
Any working hour beyond nine hours a day or forty-eight hours a week shall be treated as overtime and the total number of overtime hours shall not exceed one hundred and twent:✓-five hours in period of three months.
(4) The State Government shall make rules,-
(a) subject to sub-section (I) , for fixing the number of hours of work which shall constitute a normal working day for the worke rs employed in the shop or establishment, inclusive of one or more specified intervals;
(b) for providing a day of rest in every period of seven days which shall be allowed to all the workers employed in the shop or establishment and for the payment of remuneration in respect of such days of rest.
(5) The provisions of sub-sections (I) and (2) shall , in relation to the following class of workers employed in such shop or establishment, apply only to such extent, and subject to such conditions, as may be prescribed, namely :-
(a) workers engaged on urgent work or in any emergency which could not have been foreseen or prevented ; ·
(b) workers engaged in the nature of preparatory or complementary work which must necessarily be carried on outside the normal hours of work laid down in the rules; ' 614 ( 19) Health and safety of workers.
Working hours.
61 4 (20) Wages for overtime. 9.
Shifts and period of o I .
rest.
Annual, casual and sick leave and other holidays.
11.
(1)
(c) workers engaged in any work which for technical reasons has to be completed before the day is over:
(d) workers engaged in a work which cannot be carried on except at times dependent on the irregu lar action for natural forces; and
(e) highly skilled workers (such as workers working in the establishments of Information Technology, Bio-Technology and Research and Development Divisions).
Where any worker is required to work on any day in excess of nine hours and forty-eight hours in a week, shal i be entitled to wages at the rate of twice his ordinary rate of wages or such higher amount, as may be prescribed.
A department or any section of a department of the Shop c,r Establishment may work in more than one shift and the worker may be required to work in any shift at the discretion of the employer.
(2) A shop or an establishment may work on all days in a week subject to the condition that every worker shall be allowed weekly holiday of at least twenty-four consecutive hours of rest.
(3) If a worker is denied weekly holiday, the compensatory leave in lieu thereof shall be given within two morn:hs of such weekly holiday.
(4) The period and hours of work in a we~k for all classes of workers in such shift shall be informed to all workers in writing and shall be sent to the Facilitator electronically or otherwise.
(5) Where a worker is required to work on a day of rest, he shall be entitled to wages at the rate of twice his ordinary rate of wages.
(1)
CHAPTER-IV LEA VE AND HOLIDAYS.
Every worker shall be allowed a weekly holiday with wages:
Provided that the State Government may, by notification , fi x different days as weekly holiday for different class of shops and establishments of a area.
(2) Every worker shall be entitled to eight days' casual leave with wages in every calendar year which shall be credited into the account of the worker on a quarterly basis.
(3) , Every worker who has worked for a p,~ riod of two hundred and forty days or more in a shop or establishment duri ng a calendar year, shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.
(4) Eve ry worker shall be permitted to accumulate the earned leave upto a max imum of forty-five days .
(5) Where the .employer refuses to sanction the leave due when applied fifteen days in advance, then the worker shall have a right to encash the leave in excess of forty-five days:
Provided that if a worker is entitled to leave under thi s secti on, is di scharged by his employer before he has been allowed the leave, or if, hav ing applied for and having been refused the leave, he quits hi s
12.
13.
14.
empl oyment on account of ret irement, resignation, death or permanent di sabil ity, the employer shall pay hi m full wages fo r the peri od of leave due to him.
(6) A worker shall be entitl ed to e ight paid fes ti val ho lidays in a calendar year, namely, the Independence Day, Republic Day and Gandhi Jayant i and five such other festiva l holida)'S as may be agreed between the empl oyer and the workers, before the commencement of the year.
(7) For the purposes of sub-section (3),-
(a) any day of lay-off, by ag reement or contract or as permiss ible under the standing order cert ifi ed unde the Industri a l Empl oyment (Standing Orders) Act 1946 (No. 20 of 1946);
(b) in the case of a fe male wo rker, the maternity leave under the prov is ions of the Maternity Benefit Act, 1961 (No. 53 of 196 1 );
(c) the leave earned in the year pri or to that in which the leave is ava iled; or
(d) the absence of the worker due to temporary disablement caused by accident arising o ut of and in the course of his empl oyment,- shall be deemed to be days on which the worker has worked in a shop or establishment fo r the purpose of computation o f the period of two hundred and fo rty days or more, but shal I not earn leave for these days .
(8) The leave admi ss ible under sub-secti on (3) shall be exclu,s ive of a ll ho lidays, whether occurring during or at either end of the peri od of leave.
CHAPlfER-V WELFARE PROVISIONS Every employer sha ll make suffic ient arrangements to prov ide and maintain at suitabl e points, conveni entl y s ituated fo r a ll persons empl oyed in the shop or establi shment, a suffic ient suppl y of wholesome drinking water.
Every empl oyer shall provide sufficient latrine and urinal faciliti es fo r male and fe male as may be presc ribed, which shall be so conveni entl y situated as may be accessible for the workers employed in the shop o r establi shment:
Provided that several employers may provide common faciliti es, in : case it is not poss ible in a shop or establi shment due to constraint in space · or otherwise.
In eve ry shop or establishment where in thirty or more woman workers are employed or fifty or more workers are ordinarily empl oyed, empl oyer shall prov ide and maintain a suitable room or rooms as creche fo r the use of children of such woman workers:
Prov ided that if a group of shops or establishments, so dec ide to prov ide a com mon creche within a radius of one kil ometer, then, the sa me sha ll be permitted by the Chi ef Facilitator, by an order, subj ect to such condit ions as may be specified in the orde r.
614 (21) Drinkin g water.
Latrines and urinals.
Creche facility.
614 (22) First-Aid. 15.
Canteen. 16.
Appointment of Chief 17.
Facilitator, Facilitators and their powers.
(I)
(2)
(3)
(4) Every employer shall provide at the plac,~ of work first-aid facilities as may be prescribed .
The State Government shall require the employer to provide and maintain in the shop or establishment, wherein not less than one hundred worker are employed or ordinarily employed, to maintain a canteen for the use of its workers:
Provided that if a group of shops or establishments, so decide to provide a common canteen, then the same shall be permitted by the Chief Facilitator by an order, subject to such conditions as may be specified in the order.
CHAPTER-VI FACILITATOR AND THEIR POWERS AND FUNCTIONS The State Government may, by notificatio n, appoint such persons who possess the prescribed qualification to be Facilitator for the purposes of this Act and may assign to them such local limits as it may think fit:
Provided that the State Government may, by notification, appoint a Chief Facilitator who shall , in addit ion to the powers conferred on hirn under this Act, exercise the powers of a Facilitator throughout the State.
The State Government may prescribe a scheme for inspection of shops and establishments, which shall provide for generation of a web-based inspection schedule.
Every Facilitator and Chief Facilitator appointed under sub-section ( I) shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code (No. 45 of 1860), and shall officially be subordinate to such Authority as the State Government may specify in this behalf.
Subject to such conditions as may be prescribed, a Facilitator may, within the local limits for which he is appointed,-
(i) advice the employers and workers and provide them such information as may be considered necessary for complying with the provisions of this Act effectively ;
(ii) inspect the shop or establishment in accordance with the scheme for inspection referred under sub-section (2), and may,-
(a) examine any person who is found in any premises of the shop or establishment and whom, the Facilitator has reasonable cause to believe, is a worker of the shop o r establishment;
(b) require any person to give any information , which is in hi s power to g ive, with respect to the names and addresses of the persons;
( c) search, seize or take copies of such reg ister, record of wages or notices or port ions thereof as the Facilitator may consider relevant in respect of an offence under thi s Act and which the Facilitator has reason to be lieve has been committed by the employer;
(d) bring to the notice of the State Government defects r abuses not covered by the law for the time being in fo rce;
and ' ' 18.
19.
20.
'
21.
'
22.
(5)
(6) ( I )
(e) exe·rci se such other powers as may be prescribed ;
Provided that no person shall be compelled under this section to answer any question or g ive any evidence that tends to incriminat~ himself.
Any perso n required to produce any document or to give any informatio n required by a Facilitator under sub-section (4) shall be deemed to be legall y bound to do so within the meaning of Sections 175 and section 176 of the fndian Penal Code C\/o . 45 •)f 1860).
The provisi ons of the Code of Criminal Procedure, 1973 (No. 2 of 1974) shall, so far as may be, apply to the search or seizure under sub--clause (c) of clause (ii ) of sub-section (4), as they apply to the search or seizure made under the authority of a warrant issued under Section 94 of the said Code.
CHAPTER VII RECORDS AND RETURNS Every employer shall maintai n such regi sters and records as may be prescribed.
(2) The records may be maintained electronically or manually:
(I)
Provided that at the time of inspection by a Fac ilitator, a hard copy of such records if demanded, shall be submitted, duly signed by the employer.
Every e mployer of a shop or an establishment shall fu rni sh an annual return, in such form and manner (includi ng electronic form), to such authority as may be prescribed .
C HAPT IE R VIII OFFENCES AND PENALITIES Whoeve r contravenes with the provis ions of thi s Act or the rul es made thereunder shall be punishable with fine which may extend to two lakh rupees and in the case of a continuing contravention, with an additional fine which may extend to two thousand ru pees for every day during which such contravention continues:
Provided that the total amount of fine shal l not exceed two thousand rupees per worker employed .
(2) If any person has been convicted of any offence punishable under sub section ( 1) is again guilty of an offence involving a contravention or failure of compliance of the same provis ion, he shall be puni shable on a subsequent conviction with fi ne, which shall not be less than one lakh rupees but which may extend to five lakh rupees.
( I ) Save as otherwise ex press ly provided in thi s Act, where an empl oyer on being he ld guilty of contravent ion of any of the provisions of thi s Act or any rules made thereunder, which has resu·lted in an accident causi ng serious bodily injury or death of a worker, shall be punishable w ith impri sonment which may extend to six mo nths or with fine which shall not be less than two lakh rupees but which may be extended to five lakh rupees or with both.
Whoever willfully obstructs a Facilitator in exe rcise of any power conferred on him by or under this Act or re fuses ,or wi ll fu ll y neglects to afford the Facilitator any reasonab le faci lity fo r mak ing any inspect ion, _ examination , inquiry or investigation authorised by or under thi s Act. in 614 (23) Maintenance of register and records.
Annual return.
Penalty for contravention of provision of th is Act.
Penalty for contravention of provis ion s of this Act which resulted in accident.
Penalty for obstruction, refu sa l to prov ide registe r, etc.
614 (24) Cognizance offences.
Compounding offences.
of 23.
of 24.
(2) ( 1)
(2)
(1)
(2) relation to a shop or an establishment, sh~II be punishable with fine which may extend to two lakh rupees . · Whoever willfully refuses to produce, on the demand by a Facilitator, any reg ister or other document kept in pursuance of this Act or the rules made thereunder or prevents or attempts to prevent or does anything which he has reason to believe to prevent any person from appearing before, or being examined, by a Facilitator action in pursuance of his duties under thi s Act, shall be punishable with a fine which may extend to two lakh rupees:
Provided that the total amc unt o f fine shall not exceed two thousand rupees per worker employed .
No Court shall take cognizanc_e of any offence punishable under thi s Act and the rules made thereunder, unless a complaint in respect thereof is made by the Facilitator within three months of the date on which the alleged commission of the offence came to the knowledge of the Facilitator:
Provided that where the offence consists of disobeying a written order made by a Facilitator, complai:1t thereof may be made within six months of the date on which the offence is alleged to have been committed .
Court of Judicial Magistrate of the First Class shall try any offence punishable under this Act or the rules made thereunder.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (N o. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment a lone, or with imprisonment and also with fine , may, on an application of the accused person, either before or after the institution of any prosecujon, be compounded by a Gazetted officer, as the State Government may, by notification, specify, for a sum amounting to fifty percent of the maximum fine provided for such offence, in the manner as may be prescribed .
Nothing contained in sub-section (I) shall apply to an offence committed by a person for the second time or thereafte r within a period of five years from the date,-
(a) of commission of a similar offence which was earlier compounded;
(b) of commission of similar offence for which such person was earlier convicted.
(3) Every officer referred to in sub-section (I ) shall exercise the powers to compound an offence, subject to the direction, control and supervisi on of the State Government.
(4) Every application for the compounding of an offence shall be made 111 such fo rm and manner as may be prescribed.
(5) Where any offence is compounded before the instituti on of any prosecution, no prosecution sha ll be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded .
( 6) Where the compos iti on of any offence is made afte r the inst itution of any prosecution, such composition sha ll be brought by the officer referred to .
in sub-section (I) in writing, to the notice of the ·c ourt in which the prosecution is pending and on such noti ce of the composition of the offence being given, the person against whom the offence is so com pounded shall be di scharged.
;
25.
; 26.
27.
28.
f ;
(7) Any person who fails to comply w1th the order made by . the officer referred to in sub-section (1), shall b•! liable to pay a sum equivalent to twenty percent of the maximum fine provided for the offence, in addition to such fine.
(8) No offence punishable under the provisions of this Act shall be compounded except under and in accordance with the provisions of this section.
(I)
(2) CIHAPTERIX MISCELLANEOUS No suit, prosecution or other legal proceeding shall lie against any public servant or any other person in the service of the Central Government or the State Government, acting under direction of any such public servant, for anything done in good faith or intended to be done in pursuance of the provisions of this Act or of any rule made thereunder.
The State Government or any officer empowered in this behalf may, by notification, exempt from the operation of zdl or any of the provisions of thi s Act for such period as it considers necessary, any shop or establishment or class thereof or any employer or worker or class of employers or workers to whom thi s Act applies on such terms and conditions as it ma·y thinks fit.
The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.
The State Government may, by notification, make rules for carrying out the provisions of this Act.
In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the authority to which and the fo rm and manner in which an application shall be made under sub-section (2), the form of Labour Identification Number under sub-section (3), and the manner of obtaining Labour Identification Number under sub- .
section (4), of Section 5;
(b) the measures to be taken by the employer relating to the health and safety (including cleanliness, lighting, ventilation and prevention of fire) of the workers under sub-section (I) of Section 7;
( c) the matters to be provided by ru les under sub-section ( 4) of Section 8;
( d) the conditions subject to which the provisions of sub-section (I ) and sub-section (2) of Section 8 shall apply to certain class of . workers under sub-section (5) of that Section;
(e) rate of higher amount of wages provi_ded under Section 9;
(f) the provision for sufficient latrine and urinals given under Section 13 and the provision of first-aid facility given under Section 15;
(g) the qualifications of Facilitators provided under sub-section (I), conditions subject to which a Facilitator shall exercise his pow~rs given under sub-section (4), and other powers exercisable by him .
given under su.b-clause (e) c f clause (ii) of s b-section (4), of Section 17;
614 (25 ) Protection of action taken in good faith.
Power to grant exemption.
Application of other laws not barred.
Power to make rules.
61 4 (26) Power to remove 29· d ifficu Ities.
Repeal and Saving. 30.
(h) the registers and records to be maintained by the employers given under sub-section ( 1) of Section 18:
(i) the form and manner (including electronic form) for furnishing c-f annual return and the authority to S'JCh returns shall be furnished under Section 19;
(i) the manner of compounding of offences given under sub-section ( 1 ), and form and manner for making application for sue h compounding under sub-section (4) , of Section 24;
(k) any other matter which is required to be, or may be, prescribed.
- (3) Every rule made under sub-section (]) and (2) shall be laid before the State Legislative Assembly.
(\) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such provisions which are not inconsi:;tent with the provisions of this Act as may appear to be necessary for removing the difficulties:
Provided that no order shall be made under this Section after the expiry of two years from the date of the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislative Assembly.
(I) The Chhattisgarh Shops and Establishments Act, 1958 (No. 25 of 1958) is hereby repealed.
(2) Notwithstanding the repeal of the Act under sub-section (] ), anything done or any action taken under the Act so repealed shall, in so far as sue h thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions of this Act.
(3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897 (No. IO of 1897) wi ch regard to the effect of repeals.