Shops and Commercial Establishments Act, 1961 Section 3 - Bare Act

Act Info:

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(1) Nothing in this Act shall apply to,-

(a) offices of or under the Central or State Governments or local authorities, except commercial undertakings;

(b) any railway service, water transport service, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry, business or undertaking which supplies power, light or water to the public;

(c) railway dining cars;

(d) establishments for the treatment or care of the sick, infirm, or the mentally unfit;

¹ [(dd) establishments of the Food Corporation of India;]

(e) offices of legal practitioners and medical practitioners in which not more than three persons are employed;

(f) offices of ² [a banking company];

(g) any person employed about the business of any establishment mentioned in clauses (a) to (f) aforesaid;

(h) persons occupying positions of management in any establishment;

(i) persons whose work is inherently intermittent such as drivers, care-takers, watch and ward staff, or canvassers; and

(j) persons directly engaged in preparatory or complementary work, such as, clearing and forwarding clerks responsible for the despatch of goods.

(2) Nothing contained in section 11 or sub-section (1) of section 12 shall apply to,-

(a) shops dealing mainly in medicines or medical or surgical requisites or appliances;

(b) clubs, residential hotels, boarding houses, hostels attached to schools or colleges, and establishments maintained in boarding schools in connection with the boarding and lodging of pupils and resident-masters;

Explanation.-"residential hotel" means any premises in which business is carried on bona fide for the supply of dwelling accommodation and meals on payment of a sum of money to a traveller or any member of the public or class of the public.

(c) stalls and refreshment rooms at railway stations, bus stands, ports or aerodromes;

(d) shops of barbers and hairdressers;

(e) shops dealing mainly in meat, fish, poultry, eggs, dairy produce (except ghee), bread, confectionery, sweets, chocolates, ice, ice cream, cooked food, fruits, flowers, vegetables or green fodder;

(f) shops dealing in articles required for funerals, burials or cremations;.10

(g) shops dealing in pan (betel leaf), pan with beedies or cigarettes, or liquid refreshments sold retail for consumption on the premises;

(h) shops dealing in newspapers or periodicals, editing sections of newspaper offices and offices of news agencies;

(i) cinemas, theatres and other places of public entertainment and stalls and refreshment rooms attached to such cinemas, theatres and places of public entertainment;

(j) establishments for the retail sale of petrol;

(k) shops in regimental institutes, garrison shops and troop canteens in cantonments;

(l) tanneries;

(m) retail trade carried on at an exhibition or show, if such retail trade is subsidiary or ancillary only to the main purpose of the exhibition or show;

(n) oil-mills and flour-mills not registered under the Factories Act, 1948;

(o) brick and lime kilns;

(p) commercial establishments engaged in the manufacture of bronze and brass utensils so far as it is confined to the process of melting in furnaces.

³ [(q) Information Technology Establishments;

(r) Information Technology enabling services or establishments;

(s) Bio-Technology and Research Centres or establishments of epidemic and other diseases.]

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the State Government may by notification declare that any establishment or person specified therein shall not be exempt from the operation of such provisions of this Act as may be specified in the notification and that the provisions of this Act specified in such notification shall apply to such establishment or person.

(4) The State Government may by notification exempt establishments where the nature of work is,-

(i) intermittent, or

(ii) seasonal, or

(iii) for a short duration, not exceeding two months, and it is difficult to enforce the provisions of this Act, -from all or any of the provisions of this Act subject to such conditions as may be specified in the notification.

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1. Inserted by Act 17 of 1986 w.e.f. 8.5.1986.

2. Substituted by Act 33 of 1982 w.e.f. 4.12.1982.

3. Inserted by Act 11 of 2001 w.e.f. 1.6.2001.

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