KERALA SHOPS AND COMMERCIAL
ESTABLTSIIMENTS ACT, 1960
l. Object
An Act to consolidate and amend the law relating to the regulation of
conditions of wor,k and [Link] in shops and commercial establishments
in the State of Kerala.
2. Appticability
0 It extends to the whole State of Kerala and applies to all shops and
corunercial establishments except those specificdly exempted under the Act.
2) Establishment has been defined in section 2(S) of the Act as shops or
,corlmercial establishmentswhichmay be asmdl, mediurn orbigestablishments.
Srnall establishments means an establishment having nil employees or upto
five employee$ ar€ employed, medium establishment means an establishment
hnving six or more but less than 20 persons are employed and big establishment
mealrs and establishments having 20 or more employees ar€ employed.
3. Registration of Establishments
Eveqy employer of an establishment shdl make an application in For,rr
81 with ffeasury receipt showing that the prescribed fee has bee paid to the
comPetent authority within [Link] days from the date of commencement of its
work. The competent authority shall if satisfied register the establishment and
issue a registration certificate in Form B tr. The registration certificate granted
shall be renewed every yeer etleast thiry days before the expiry of the period,
on payment of required fee (Sec. 5A(0)
The competent authority shall not gmnt or renew a registration certificate
unless the provisions of this Aa and Rules have been nrbstantidly complied with.
Regrstrat ionlRenewal Fee
No. of emplayees proposed to be empl,oyed Fee in Rs
(-) Nil 50
(b) Does nor exceed 5 100
(.) but does nor exceed 10
exceeds 5 200
(d) exceeds 10 but does nor excee d ZO 400
(.) exceeds 20 but does not exceed 30 600
0 exceeds 30 but does nor exceed 50 1000
(g) exceeds 50 but does nor exceed 100 2000
' (h) exceeds 100 4000
If the application for renewal of registration is not submitted within the
[Link] specified in Section 54(6) a fie sf 25o/o in excess of fee ordinarily
pryable shall be paid for such renewal.
any amdement in the registration cenificare ao application shall be
- rpfotFgrm
rytg1 B lrl. Fee for amendment is Rs. 50/- Fee for duplication certificate
shall also be Rs. 50/- (Rule 2 G).
Anyperson aggrieved on the decision of the competent authoriry refusing
to grant_or renew a registration certificate or cancelling or susperdiog the sauri
gray-within s{qrdays of the recgipt of the order appeal to the appellate-aurhoriry.
Fee for appeal is 10olo of the fee to be paid foriegistration [Section SB Read
with Rule 2A to 2Gl
4. Ilours of Work and Wages for Overtime
- No employee shall be required or dlowed to work for more than eighr
hours on any day and forty eighr hours in any week. (Sec. Q
, Arry employee who worLs more than the normal working hours shall be
paid wages at the rate of rwice the ordinary rate of wages, [Seciions z]
5. Spread over and Interval for Rest
The period of work of an employee inclusive of his interval for rest shall
not spread over more than ten and a half hours io *y day. At least one hour
rest shall be given every day aker four hours continuous work. [Sns. 8 andgl
6. Ctrosing of Shops and Grant of lVeekly Holidays
Every shop shall be entirely closed otr one day of the weelr and such day
shall be permanently exhibited in a conspicuous place in the shop. In eryh
week e h;liday of one whole day shall be allowed to the p€rsons employed in
the shop. [Seaion 1t(1)
i. HoHday and Leave
Every employee in an establishment shall be entitled to the following
leaves in ayeer:
(, Twehre holidays wfuh w4ges after twelve months' continuous service
in rhe establishment. This n:ny be accumulated to a ffiudrurun o[.2+
days. (S... 13(1).
(ii) Twelve days' sick leave *.[Link] o* the ground of any sickness
rncurred or accident sustained by hi*
(Sec 13(2Xa)
(iir) Twelve days' casual leave wfuh wages on any reasonable ground.
Sec 13(2Xb)
(iv) Special casual leave for sterilisation (Sec. 13 A)
ft) \f.g.s during leave period (Sec' 1a)
On production of the cenificate in Form B fV from Medical Officer not
below the rank of Asst. Surgeon emptroyed in the Department of Health Servioes
or from the head of a medical institution recognised by the Governmeor, an
employee shall be entitled to special casual leave with wages for six days in the
case of male employees and fourteen days in the case of female employees.
The employee shall be paid the daily average of his or her roral full time
earninge during leave period. Read with Rule 211
8. Dismissal of an Employee
Au employee employed contfuruously for not less than six months shall
not be dismissed except f,or o reasonable cause and at least one months'notice
, or wages in lieu of such notice.
The employee whose services *re dispensed with may appeal to the
appellate authorily within sixqy days frorn the date of delivery of the order.
The decision of the appellate authorfuy after hearing both the parties shdl be
tinal. [Section 18 read with Rule 3]
9. Emptoyment of Children and Women
The ernployment of children except iN an apprentice is prohibited in the
complahts. A complaints commiftee shall be constituted in the'establishment
consisting of five members headed by a woman. (Rule 68)
12. Mainten&nce of Registere and Records by the Employers
(i) Maintain a Rcgistcr of Employment in Form A or B (Sec. 30) Rule
10(l)
(ii) Maintain a Service Record in Form BB (Rule I0(l)A
(iii) Mairrain a record of hotus of work of employees in Form D
(Rul" 10(3)
(ry) Exhibit a notice of holiday of cmployees in Form E (Rule f0(4)
(v) Exhibit * notice containing extracm of the Aa and Ru[CI (Rulc I0(5)
(vi) Mainain register of holidays and leave in Form F (Rule I0(9)
(vii) Maintein a inspectionbook (R le 10(Il)
(*rr)Efribit a notice of weekly holidap in the establishment (Sec II(f )
(ix) Exhibit the registration certificate in the esablishment (So. s(c)(I)
(x) \4lhere ten or more person$ are employed a quanerly rcflrn in Forrn
H to ttrc inspectorlor thc month of Marclq fune, September and
December before thc t.0th of the succeeding month(Rule 12A).
13. Penalties
The offences under this Act and Rtrles are punishable as: '
0 Breach of Seaions 5A and 5C. tfiith fine which mry entend ro Rs.
5000 and Rs. 250 every d*y during
which breach continues after conviction.
[Sec ze(r)(e)]
A) Rs. 250 everyday during which the
breach continues after the receipt of
notice from the competant author-
ity to discontinue such breach
(sec.2e(1)(b)
(ii) Contrav€nes Sections - T$(/ith fine which may extend to
5D,5E,5F
6,8,9to 11,L2,13, t3A, Rs. 5000 and for the subsequent
L4,18, 2l,Llhand 22 offence Rs. 10000 Sec. 29(1A)
(r) Appcllate Atthority [under Rule ll
(apiort orders passed under chapter VI (heahh and safery)
Labour Commisioner
(vi) Authorised Officer for exercising power{under Seaion 5 and 35J
(Granting exemption from the provisions of the Aa for a period
upto 30 days at a tirne)
Iabour Commissioner
(vii) Authoriscd Officer fot exercising power [under Seaion 10(2)]
(Fixation of opening *d closing houn of establishmeats)
0 Labour Commisioner
(ii) District Labour Officem p)
Norr," Rtlrr wberusr tWcifud are tbe Kerah Sl*pt and, Camnwrcial Esublish-
ffients Rula, 1961 pablislxd as Notifuatian No. 87427/1"5/60/HLD dt.
tt-1-1%2 in Kerak Gazme No, 10 dated6A-P52