Draft Tamil Nadu Shops and Establishments (Amendment) Act, 2021

An extract of the Amendment given here below:

Section 3

Registration of shops and establishments

1. On and from the date of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018, the 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 certificate.

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 within twenty four hours in such form as may be prescribed. If the registration certifi cate is not issued within a period of twenty four hours from the date of receipt of application by the inspector, the registration certificate shall be deemed to have been granted under this Act.

4. The inspector shall maintain a Register of establishments, in such form, as may be prescribed.

5. The registration certificate shall be prominently displayed in the establishment by the employer.

6. 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, amend the registration certifi cate or issue a fresh registration certifi cate.

7. 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 certificate: 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 certificate: Provided further that no cancellation shall be made under the first proviso, unless the employer has been given an opportunity of making representation.

8. Notwithstanding anything contained in sub-section (1), the 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 furnish the details of the establishment along with a self declaration in such form as may be prescribed to the inspector, within a period of one year from the date of commencement of theTamil Nadu Shops and Establishments (Amendment) Act, 2018. The inspector shall after recording the intimation furnished by the employer in the Register of establishments, issue a registration certificate.

For Section 6 of the Amendment Act, the following section shall be substituted, namely:- Section 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 3,7 to 11, 13 to 23, 25, 26, 29 to 41, 47, 47-A and 50-A” shall be substituted".

22-A. Seating facilities

The premises of every establishment shall have suitable seating arrangements for all employees so that they may take advantage of any opportunity to sit which may occur in the course of their work and thereby avoid ‘on their toes’ situation throughout the working hours.