Chhattisgarh Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017

• This Act consolidates and amends the laws related to the regulation of employment and conditions of service for workers employed in shops and establishments in Chhattisgarh.
• The Act repeals the previous Chhattisgarh Shops and Establishments Act, 1958.
• It aims to protect workers' rights, ensure better working conditions, and streamline employment regulations.

Applicability & Scope

(Section 1-4)

Effective Date: The Act comes into force from February 13, 2025, as per the notification. Extent: Applicable throughout Chhattisgarh. Coverage: Applicable to all shops and commercial establishments employing ten or more workers.

Exemptions:

• Government offices.
• Workers in managerial or supervisory roles.
• Workers with inherently intermittent work.
• Hospitals and medical institutions.
• Family members of employers.

Registration & Labour Identification Number (LIN)

(Section 5)

• All shops and establishments with 10 or more workers must register under this Act within six months.
• The Labour Identification Number (LIN) will be issued upon registration.
• Shops and establishments already registered under ESI (Employees’ State Insurance Act) or EPF (Employees’ Provident Fund Act) are deemed registered but must obtain LIN within six months.

Leave & Holidays

(Section 11)

Paid Leave:

Workers are entitled to 8 days of casual leave per year. Annual Leave: Workers who complete 240 days in a year get 1 paid leave per 20 working days. Accumulation of leave: Up to 45 days. Encashment of leave: If leave is refused or worker retires/quits, they are entitled to encash leave.

Festival Holidays:

8 paid holidays per year: 3 compulsory holidays: Independence Day, Republic Day, and Gandhi Jayanti. 5 holidays to be mutually decided by employer & workers.

Worker Welfare Provisions

(Sections 12-16)

• Drinking Water: Must be clean and easily accessible to all workers.
• Latrines & Urinals:
• Adequate separate facilities for male and female workers.
• Small shops can share common facilities if needed.
• Creche Facility:
• Required in shops/establishments where 30 or more women workers or 50 or more total workers are employed.
• Group Creche permitted within 1 km radius.
• First-Aid: Mandatory for all workplaces.
• Canteen:
• Required if 100 or more workers are employed.
• Group canteens allowed for multiple establishments.

Appointment of Facilitators & Inspections

(Sections 17-18)

Chief Facilitator & Facilitators:

The State Government appoints facilitators for inspections. A Chief Facilitator supervises and implements the Act.

Inspection Scheme:

Web-based inspection schedules will be followed.

Facilitators' Powers:

• Inspect shops and establishments.
• Examine workers and records.
• Search and seize documents.
• Report violations to the government.

Offenses & Penalties

(Sections 19-24)

Failure to Register & Maintain Records:

Fines up to ₹2 lakh.

• Additional ₹2,000 per day for continuing violations.
• Violations Leading to Accidents:
• Fines up to ₹5 lakh.
• Imprisonment up to 6 months.

Obstructing Inspection:

Fines up to ₹2 lakh.

Compounding of Offenses:

Minor violations can be settled by paying 50% of the fine before court proceedings.

Miscellaneous Provisions

(Sections 25-30)

Protection for Actions Taken in Good Faith: Officials acting under this law cannot be sued for actions done in good faith.

Power to Exempt:

The State Government can exempt any class of employers/workers from any provision of this Act.

Application of Other Laws:

This Act is in addition to and not in derogation of other labour laws.

Rule-Making Power:

The State Government has the power to make rules for better implementation.

Repeal of the 1958 Act

• The Chhattisgarh Shops and Establishments Act, 1958 is repealed.
• Actions taken under the old Act remain valid.