Lok Sabha Question No. 2271 (UNSTARRED), answered on 2018-12-24
Subject: Model Shops and Establishments Bill
Ministry: LABOUR AND EMPLOYMENT
Asked by: NARAMALLI SIVAPRASAD, KINJARAPU RAM MOHAN NAIDU

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 2271 TO BE ANSWERED ON 24.12.2018

## MODEL SHOPS AND ESTABLISHMENTS BILL

2271. DR. NARAMALLI SIVA PRASAD: SHRI RAM MOHAN NAIDU KINJARAPU:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a) whether the Ministry has drafted and circulated among States the Model Shops and Establishments Bill;
- (b) if so, the details thereof including the  salient  features  and objectives of the bill;
- (c) the States which have formulated act on the lines of the Model Bill;
- (d)  whether some State Governments including Andhra Pradesh have taken steps through the Bill to improve the working conditions of workers and provide favorable environment for doing business; and
- (e) if so, the details thereof?

## ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

- (a): Yes, Madam.

(b): The Union Cabinet considered the Model Shops and Establishment, (Regulation of Employment and Conditions of Service) Bill,  2016.  Accordingly,  this  Model  Bill  was  sent  to  all  States/Union Territories in July, 2016 to  modify their individual Act, if they so desire either by adopting the said Bill  as it is or after modifying its provisions as per the requirement of that particular State/Union Territories.

The  salient  features  of  the  Model  Shops  and  Establishment (Regulation of Employment and Conditions of Service) Bill, 2016 are: (i) The Model Bill applies to shops and establishments employing ten or more workers except manufacturing units, (ii) freedom to operate 365 days in a year and opening/closing time of establishments, (iii) women to  be  permitted  during  night  shift,  if  the  provisions  of  shelter,  rest room, ladies toilet, adequate protection of their dignity and transportation etc. exist, (iv) no discrimination against women in the matter  of  recruitment,  training,  transfer  or  promotion,  (v)  online  one common  Registration  through  a  simplified  procedure,  (vi)  power  to appropriate Government to make rules regarding adequate measures to be taken by the employer for the safety and health of workers, clean and  safe  drinking  water,  first  aid,  lavatory,  crèche  and  canteen  by group of establishments, in case it is not possible due to constraint in space or otherwise by individual establishment, (vii) five paid festival holidays in addition to national holidays etc.

(c) to (e): States/Union Territories (UTs) including Andhra Pradesh have their own Shops and Establishments Acts which governs the  working  conditions  of  workers.    A  proposal  from  Government  of Chhattisgarh  namely  the  Chhattisgarh  Shops  and  Establishments (Regulation of Employment and Conditions of Service) Bill, 2017 on the lines  of  Model  Bill  received  in  Ministry  of  Labour  &  Employment through  Ministry  of  Home  Affairs  (being  the  Nodal  Ministry)  and  the same has been concurred.

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