Kerala Shops and Commercial Establishments (Amendment) Act, 2018
No: 34 Dated: Dec, 21 2018
THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) ACT, 2018
[Act No. 34 of 2018]
An Act further to amend the Kerala Shops and Commercial Establishments Act, I960.
WHEREAS, it is expedient further to amend the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) for the purposes hereinafter appearing;
Be it enacted in the Sixty-ninth Year of the Republic of India, as follows:--
1. Short title and commencement:- (1) This Act may be called the Kerala Shops and Commercial Establishments (Amendment) Act, 2018.
(2) It shall be deemed to have come into force on the 4th day of October, 2018.
2. Amendment of Section 2: – In the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) (hereinafter referred to as the principal Act), for clause (6) of section 2, the following clause shall be substituted, namely:-
"(6) "employee" means a person wholly or principally employed in, and in connection with any establishment and includes an apprentice or any class of persons as the Government may, by notification in the Gazette, declare to be an employee for the purposes of this Act;".
3. Substitution of new section for Section 11: – For section 11 of the principal Act, the following section shall be substituted, namely:--
"11. Grant of weekly holidays:- (1) Every person employed in a shop or a commercial establishment shall be allowed in each week a holiday of one whole day:
Provided that nothing in this sub-section shall apply to any person whose total period of employment in the week including any day spent on authorised leave, is less than six days.
(2) No deduction shall be made from the wages of any employee in an establishment on account of any day on which a holiday has been allowed in accordance with this section and if such person is employed on the basis that he would not ordinarily receive wages for such day, he shall nonetheless be paid for such day the wages he would have drawn had the holiday not been allowed on that day.".
4. Amendment of Section 20: – In section 20 of the principal Act,--
(i) for the figure and letters "7 P.M." the figure and letters "9 P. M." shall be substituted;
(ii) the following proviso shall be added, namely:--
"Provided that an employer may employ women employees between 9 P. M. and 6 A. M.. after obtaining the consent of such women employees and ensuring that no female employee is employed between those hours other than in groups consisting of at least five employees having a minimum of two female employees and adequate protection of their dignity, honour and safety, protection from sexual harassment and facility for transportation from the shop or establishment to the doorstep of their residence.".