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Section 23: Repeal and saving

M.P Shops and Establishment Rules 1959State Rules of Madhya Pradesh · 1958

The Central Provinces and Berar Shops and Establishment Rules 1947 and the Madhya Bharat Shops and Establishment Rules, 1953 are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

FORM A [See Rule 3(1)] Statement under section 6(2) Name of the establishment, if any (in block letters) Full postal address and location of the establishment Situation of office, store-room, godown, warehouse or work place, if any, attached to the establishment but situated in premises different from those of the establishment Category of the establishment, i.e. whether (a) shop; (b) commercial establishment, (c) resi— dential hotel, restaurant or eating-house, (d) theatre or other place of public amusement or entertainment Particulars of persons having interest in the establishment as employer (Applicable only when a nomination is made under section 55) S. Name and Designation Permanent Nature of interest No. parentage Address (whether Partner/ Manager/Director/ Shareholder) 1 2 3 4 5 Nature of business Name, designation and permanent address of the employer (manager, agent or any other person) who is in the immediate. charge of the general management or control of the establishment Particulars of members of employer's family employed in the establishment as defined in section 2(17) Name Age Sex Relationship With employer

1.

2. .

3,

9. Name of other persons occupying positions of management or employees engaged in confidential capacity, if any. i 1 2

10. Number of employees Male Pernale Total

1. Adults

2. Young pertains Total Name the day of the week on which weekly holiday will be observed (in case of shops Commercial Establishments only) Details of remittance (enclose copy of rhallati obtained from Treasury) Name of Challan No.Amount of , treasury and date fee paid Place Date Signature of Proprietor/ Partner/Manager/Secretary/ Managing Director or a person in charge.

FORM B [See Rule 3(2)] Register of Establishment Part I- Shops Part II-Commercial Establishments Part III-Residential hotels Part 1V- Restaurants and eating-houses Part V-Theatres and other place of public amusement or entertainment.

Note.— This register shall be maintained category-wise separately for each town.

Registration Name and ad- Name of the Name of manager No. of estab- dress of . employer or any pet-son other lishment and theestablish- than employer in date of ment (Items immediate charge Registration. I &2 of of general manage- Form 'A') ment or control of establishment.

1 2 3 4 Nature of Number of employees business Adults Young persons Male Female Male Female 5 6 Total Renewals Year Year Year Year 7 8 FORM C [See rule 3(3)] The Madhya Pradesh Shops and Establishment Act, 1958 Registration Certificate of Establishment Part A

1. Registration mark and number The M.P. Shops & Establishment Rules, 1959 Name of Establishment Full postal address of the establishment Nature of business, trade or profession carried on Name and designation of the proprietor/ Manager/Agent or any other person in the immediate charge or control of the establishment Name and designation of other per-son(s) having interest as employer in the establishment, if any, with his address in the State Total number of employees Male Female Total I. Adults

2. Young persons Total This is to certify that the establishment, the particulars of which have been given above, has been registered under the Madhya Pradesh Shops and Establishments Act, 1958(25 of 1958) on the day of 19 SEAL Inspector under the M.P. Shops and Establishments Act, 1958 Annual Renewals under rule 5 Part B No. Date It is hereby certified that the above certificate of Registration has been renewed for the year ending 31st December, 19 Inspector No. Date It is hereby certified that the above certificate of Registration, has been renewed for the year ending 31st December, 19 Inspector No. Date It is hereby certified that the above certificate of Registration has been renewed for the year ending 31st December, 19 Inspector No.

Dale It is hereby certified that the above certificate of Registration has been renewed for the year ending 31st December, 19 Inspector No. Date It is hereby' certified that the above certificate of Registration has been renewed for the year ending 31st December, 19 Inspector FORM D [See Rule 7] Notice of Change Name of the Establishment already registered with full address and name of the Employer/Proprietor/Manager Registration Mark and Number To, The Inspector under the M.P. Shops and Establishments Act, 1958:

Sir, Notice is hereby given that the following change has taken place in respect of information forwarded to you in Form 'A'. The Registration Certificate is forwarded herewith to be returned after recording the necessary changes:- 1 2 3 4 5 6 Signature of the Proprietor Manager/Partner/Secretary Managing Director or a person' in charge.

Place Date FORM E [See Rule 8(1)] Notice of Closure To The Inspector of Shops and Establishments, Madhya Pradesh The M.P. Shops & Establishment Rules, 1959 Sir, Please note that my Establishment, the Registration mark and number of which is • • has been closed/will be closed from for the reason The certificate of registration is surrendered herewith Sr cancellation.

Signature of employer with name and address of the establishment.

Date Place FORM F [See Rule 11(1)] Cash Receipt Received a sum of Rs. 10/- (Rs. Ten only) from Shri S/o resident of as a deposit by way of security for the return of seized goods/in consideration that his goods may not be seized for contravention of the provisions of section 10(1) of the Madhya Pradesh Shops and Establishments Act, 1958.

Inspector of Shops and Establishments, Madhya Pradesh.

Date Time.

Place Signature of depositor Note.— The depositor shall prefer his claim for refund only after the case has been finally disposed of.

FORM G [See rule 11(2)] Seizure Memo (Part A) In exercise of the powers conferred on me under sub-section (2) of section 10 of the Madhya Pradesh Shops and Establishments Act, 1958, I hereby seize the goods of the following description belonging to Shri S/o resident of who has been detected hawking the said goods in contravention of the provisions of section 10( 1) of the Madhya Pradesh Shops and Establishments Act, 1958.

Particulars of goods seized The M.P. Shops & Establishment Rules, 1959 Date Time Place Witness — 1 2 Inspector of Shops and Establishments, Madhya Pradesh.

Delivery Memo [Supradnama Part B] The goods seized with the description as given under Seizure Memo No.

dated are hereby delivered to their owner Shri S/o resident of Inspector of Shops and Establishments, Madhya Pradesh.

Date Time Place Received the said mentioned goods (Name of the owner of goods with signature and date.)

FORM 11 [See Rule 12] Form of Certificate I hereby certify that I have personally examined (name) residing at and that he/she has completed his/her twelfth/seventeenth year.

His/Her personal marks of identification are Medical Practitioner Thumb impression Or Signature of the person examined Place Date Registration No.

Form!) The M.P. Shops & Establishment Rules, 1959 FORM I [See rules 13(1) and 20(4)] Register of Leave Privilege Leave Accumu- Number of days Leave granted • Balance If leave lated leave applied for of refused balance From From To To carried amount of brought (date) (date) (date) (date) leave and forward date and from pre- reason of vious year. refusal 1 2 3 4 5 Name and address of employer/establishment Account for the year Occupation Date of entry into service Casual leave Leave Leave salary paid to discharged Due Availed of Balance salary employee or on his quitting Number (Number (number paid, employment after having of days of days • of days.)

applied for and having with been refused leave. dates).

Advance Date of dis— Date and amount of return charge etc. of payment made in respect of leave.

6 7 8 9 10 Note. -A separate page should be allotted in the register in respect of each employee.

The MR Shops & Establishment Rules, 1959 [Form J-K-1 FORM J [See Rule 13(2)] Leave Book Same form as of the register of leave but a separate book shall be made for each employee on a thick bound sheets.

FORM K [See rule 13(3)] Register of entering Refusal of Leave Serial Date of Name of the Name and Name of the es- No. receipt of employee address of tablishment complaint reporting the employer and its postal address 1 2 3 4 5 Particulars of leave refused Date of Leave due Remarks Nature and Date of ap— refusal (as to dis period of leave lication • with posal) applied for reasons.

6 7 8 9 lq 1[FORM K-1 [See sub-rule (3) of rule 14-A] Notice to employer/non-applicant under clause (b) of sub-section (2) of Section 58 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958).

Appeal No Appellant (employee) Vs.

Non-Appellant (employer)

1. Inserted vide Notification No. 2167-728-84-pi-A dated 11.04.1984.

Form K2-1C31 The M.P. Shops & Establishment Rules, 1959 Shri has submitted an appeal before me under clause (a) of sub-section (2) of Section 58 of the Madhya Pradesh Shops and Establishments Act, 1958 against the order of his dis-charge/ciismissalketrenclunent No.

dated A copy of appeal is enclosed herewith. The date of hearing of the appeal has been fixed on month 198 at a.m./p.m. in my office. You are hereby required to appear personally or through your pleader or any person specially authorised to act on your behalf, before me to answer the claims. If you or any other person aforesaid do not appear on the said date, the case will be decided exparte.

You are also hereby informed to produce all the documents and witnesses which you want to prefer in support of your defence, by the said date of hearing.

Issued this • day of under my hand and seal.

Appellate Authority.

'[FORM K-2 [See sub-rule (3) of rule 14-A] Notice to appellant under clause (b) of sub-section (2) of Section 58 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958).

Appeal No.

Appellant (employee) Vs.

Non-Appellant (employer) The appeal filed by you against the order of discharge/dismissal/ retrenchment No. dated has been futed on day of 19 at a.m./p.m. You are hereby required to appear personally or through your pleader or any other person specially authorised to act on your behalf before me to prove your claims. If you or any of your representatives aforesaid do not appear on the said dare, the case will be decided exparte.

You are also hereby informed to produce all witnesses and documents which you want to prefer in support of your claims, by the said date of hearing. ' Issued this day of under my hand and seal.

Appellate Authority.]

'WORM K-3 [See Rule 15(2)-D] Name and address of the employer Place of work Nature of work Being done by the Establishment Inserted vide Notification No. 2167-728-84-XVI-A dated 11.04.1984.

Inserted from 02.12.1994 by Notification No. 482-94-XVI-B dated 16.11.1994.

Published in M.P. Rajpatra, Part! dated 02,12.1994 Page 2145-2146.

[Form L-M S. Employees Date of join- Date of Remark No. . name and ing the estab- medical exfather's name lishment amination 1 2 3 4 5 1 Signature of the Employer.]

FORM L [See Rule 15(1)] Register showing dates of Lime-washing, etc.

Parts of Parts limethe es- washed, tab- colourlislunent washed, i.e. painted or name of varnished room e.g. wall, ceilings, wood-work . etc.

Treatment (whether lime washed.

colour washed, painted or varnished) Date on which lime washing.

colour washing or varnishing was carried out (according to English Calendar) Signa- Reture of marks the employer or Manager 1 2 3 4 5 6 FORM M [See Rule 19] Inspection Note Name and address of establishment Registration mark and number Name of employer Class of establishment Date and time of inspection Remarks Defects found and directions and orders issued.

The M.P. Shops & Estab ishment Rules, 1959 1[FORM N [See Rules 20(1) and 21(2)) Register of Employees Attendance, Wages, Overtime,.

Fine or other deductions etc.

Name and/or the address of the Establishment For the month of ' ' Year Name of Employee Father's/Husband's name Age Address of the Employer Nature of Employment Rate of wages (State whether daily, monthly or piece rated) Wage period Date of appointment Date of discharge Date Time at which Intervals for rest or Time at which employment meals II any employment commenced From To ceased 1 2 3 4 5 1 to 31 Over-time work if any Wages Earned From To OT Basis DA OT Hours Hours Worked in Hrs.

6 7 8 9 10 11 12 Advance Amount Amdunt Balance Fine (Details Advanced recovered to be given in Amount bate remarks col.)

13 14 15 16 17 1 to 17

1. Subs. by No. 4.

Total.

[Form 0-P Deductions (Details Net. amount Signature or thumb Remarks to be given in impression of remarks col.) employee • 18 19 20 21 18 to 31 Signature or Thumb Impression Signature of Employer of employee for receipt of a wages alongwith date.

FORM 0 [See Rule 20(2)] Notice of Holiday to Employees Name of the establishment Address The following persons employed in this Shop/Commercial establishment/ restaurant or eating house/residential hotel/theatre/or place of public amusemr. t shall be given a holiday on the day mentioned against their names in the weex following the date of this notice and until further change is notified:— Serial No. Name of employee Day on which holiday allowed

3.

4 4 5 Date Signature of employer Note.— . (1) This notice should be prominently displayed on the premises of the establishment.

2) The weekly holiday of the employees shall ordinarily, not to be altered more often than once in three months.

FORM?

[See Rule 20(3)] Notice of Periods of Work Daily periods of work of employees commencing from 19 Form Q] Name of ow employer Of Description of establishment Department (if applicable) Name of the Whether Day employees young per- Employment Interval for Employment son or not to commence meals and rest to cease 1 2 3 4 5 Signature of the employer Dated Note.— (1) This notice must be exhibited not later than the closing hour on the Saturday preceding the first week in which it is to take effect and must continue to be exhibited while it is in force, in such a manner that it may be readily seen or read by any person whom it affects.

The hours to be specified in this notice shall be the hours to be worked exclusively of overtime.

The entries under the heading "Intervals for meals and rest" shall be the actual hours at which intervals are to begin and end (e.g. 1 P.M. to 2 P.M.).

FORM Q [See rule 20(5)] Notice of closed day or an alteration in closed day Name of the shop or commercial establishment Address Registration mark and No.

Notice is hereby given that with effect from the above shop/ commercial establishment shall *(i) observe' as the closed day *(ii) observe as closed day instead of as previously notified.

Signature of the Employer Copy forwarded to the Inspector of Shops and Establishments for information.

Date Signature of the Employer * Delete the item inapplicable.

FORM R [See rule 20(6)] Notice of substitution of weekly holiday on account of public festival Name of the Shop/Commercial Establishment Name of employer Usual weekly Date on which the Day and date to be observed holiday said weekly as a weekly holiday holiday falls in substitution.

1 2 3 Forwarded to the Inspector, Shops and Establishments for information.

Signature of the employer Note— Whenever such a notice has been given a copy thereof should be displayed on the premise: - r inspection.

Signature.

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Where this provision sits

ActM.P Shops and Establishment Rules 1959
Section23
Marginal noteRepeal and saving
JurisdictionState of Madhya Pradesh
StatusIn force as published by the source

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