Filetype Excel XLSX | Posted on 18 Aug 2022 | 3 years ago
Authentication
digital resources
191x Filetype XLSX File size 0.47 MB Source: trayas.org
Sheet 1: Read Me
| States | Year of amendment | Central Act and Amendment to Section 66 of the Factories Act (if any) | Rule/ Form number (Abstract number) | Abstract | Exemptions granted from prohibition of night work for women | Changes introduced by Government notifications/ High Court judgements | Are women allowed to work at night? 1 = No, 0 = Yes |
Are women allowed to clean and degrease in brassware making industry? | Are women allowed to work in electroplating of brass articles using brass articles in brassware making? | Are women allowed to work in any factory to clean, lubricate or adjust any part of a machinery which is in motion? | Are women allowed to work in a bath? | Are women allowed to work in process in which electroplating is carried on by using electrolyte in lock and hardware making? | Are women allowed to spray paint in lock and hardware making? | Are women allowed to work in operations where chemicals are mixed and fuses cut in fireworks manufactories and match factories? | Are women allowed to work in operations involving high noise and vibration levels? | Are women allowed to work in manufacturing, use or evolution process or operations of carbon disulphide or hydrogen sulphide plants? | Are women allowed to work in manufacture or manipulation of Nitro or Amino compounds? | Are women allowed to work in manipulation or use of cellulose solutions or inflammable liquids containing more than fifteen percent by weight of benzene? | Are women allowed to work in any chrome process for manufacture of chromic acid or manufacture or recovery of the bichromate of sodium, potassium or ammonium? | Are women allowed to work in lead pasting? | Are women allowed to work in machines used for cutting stones or making grooves on stones in manufacture of slate pencils? | Are women allowed to sort glost-ware with a power driven tool in Pottery manufacturing industry? | Are women allowed to work in grinding of ware on a dry sand-stone wheel in pottery manufacturing industry? | Are women allowed to sieve/ use alumina or other powdered substances as placing materials in Pottery manufacturing industry ? | Are women allowed to place china for biscuit fire in Pottery manufacturing industry? | Are women allowed to work in grinding of tiles on power driven wheel in pottery manufacturing industry? | Are women allowed to work in fettling other than damp fettling in pottery manufacturing industry? | Are women allowed to work in emptying of china biscuit flatware from saggars in pottery manufacturing industry? | Are women allowed to work in drying of clay and greenware in pottery manufacturing industry? | Are women allowed to work in crushing and dry grinding or sieving of materials in pottery manufacturing industry? | Are women allowed to work in crushing and dry grinding of materials for pottery bodies and saggars in pottery manufacturing industry? | Are women allowed to work regularly within twenty feet of any blasting enclosure unless the enclosure is in a room? | Are women allowed to work in processes involving manipulation or use of a dry and unfritted lead compound in Pottery Manufacturing industry? | Are women allowed to work in fettling operations in Pottery Manufacturing industry? | Are women allowed to work for sifting of clay dust or any other materials in Pottery Manufacturing industry? | Are women allowed to press tiles in Pottery Manufacturing industry? | Are women allowed to work for fettling of tiles made from clay dust in Pottery Manufacturing industry? | Are women allowed to work in wedging of clay in Pottery Manufacturing industry? | Are women allowed to work for loading and unloading of saggars in Pottery Manufacturing industry? | Are women allowed to work in brushing of earthenware biscuit in Pottery Manufacturing industry? | Are women allowed to work in fettling biscuit-ware which has been fired in powdered flint or quartz in Pottery Manufacturing industry? | Are women allowed to clean after the application of glaze in Pottery Manufacturing industry? | Are women allowed to work to crush and dry grind materials for pottery bodies and saggars in Pottery Manufacturing industry? | Are women allowed to sieve or manipulate powdered flint, quartz, clay grog or mixture of these materials in Pottery Manufacturing industry? | Are women allowed to work in wheel turning for a thrower or for pressing tiles in Pottery Manufacturing industry? | Are women allowed to grind tiles on a power driven wheel in Pottery Manufacturing industry? | Are women allowed to lift and convey materials by elevators and conveyor unless they are effectively enclosed and so arranged as to prevent escape of dust into the air in or near to any place where persons are employed in Pottery Manufacturing industry? | Are women allowed to indulge in preparation or weighing out of flow material, lawning of dry colours, colour dusting and colour blowing in Pottery Manufacturing industry? | Are women allowed to indulge in mould making in Pottery Manufacturing industry? | Are women allowed to work for manipulation of calcined material in Pottery Manufacturing industry? | Are women allowed to work in a blasting process and cleaning/ maintenance of blasting apparatus? | Are women allowed to work in any room in which toxic or inflammable substances or both are stored or treated in a factory for manufacturing of bangles and other articles from cinematograph film and toxic flammable solvents? | Are women allowed to work in a lead process in Manufacture & repair of electric accumulators industry? | Are women allowed to work in any operation which omits dust or vapour, or gas or mist or smoke or soot while further processing the glass bangles or other glass products by jointing, grinding, decorating, annealing, remelting, painting printing, abrasive, blasting, etching, marking etc. in glass manufacturing industry? | Are women allowed to work in mixing of raw materials to form a batch in Glass Manufacturing industry? | Are women allowed to work in dry grinding, glazing and polishing of glass or any article of glass in Glass Manufacturing industry? | Are women allowed to work in processes in which hydrofluoric acid fumes or ammoniacal vapours are given off in Glass Manufacturing industry? | Are women allowed to work in processes involved in the making of furnace moulds or “pots” including the grinding or crushing of used “pots” in Glass Manufacturing industry? | Are women allowed to work in processes involving the use of a dry lead compound in Glass Manufacturing industry? | Are women allowed to work in/ clean workrooms/ furnace where treatment of zinc ores is carried on? | Are women allowed to work in Any factory or part of factory where manipulation, treatment or reduction of ashes containing lead, the desilverising of lead or the melting of scrap lead or zinc is carried on? | Are women allowed to work in any factory or part of factory where manufacture of solder or alloys containing more than ten per cent of lead is carried on? | Are women allowed to work in any factory or part of factory where manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate or silicate of lead is carried on? | Are women allowed to work in any factory or part of factory where handling or mixing of lead tetra-ethyl is carried on? | Are women allowed to work in Any factory or part of factory where any other operation involving the use of a lead compound is carried on? | Are women allowed to work for cleaning of work-rooms where any of the operations related to lead are carried on? | Are women allowed to work in factories where grinding and sleving of graphite is carried on? | Are women allowed to work in factories or part of factories where manufacture of dichromates is carried on? | Are women allowed to work or enter in any building where generation of gas from dangerous petroleum is carried on? | Are women allowed to work in any operation of sand blasting? | Are women allowed to work in any process in which hydrofluoric acid fumes or amonical vapours are given off? | Are women allowed to work for evaporation of brine in open pans? | Are women allowed to work in stoving of salt? | Are women allowed to work in any lead process carried within printing presses and type foundaries? | Are women allowed to work in any workroom involving exposure to benzene or substances containing benzene? | Are women allowed to work in solvent extraction plants where process of extracting oils and fats from vegetables and animal sources is carried on? | Are women allowed to work in any manganese process which involves processing, manufacture or manipulation of manganese or any compound of manganese or any mixture containing manganese? | Are women allowed to work in any room where manufacture, manipulation and storage of dangerous pesticides is carried on? | Are women allowed to work in any room where manufacturing or manipulation of carcinogenic dye intermediates is carried on? | Are women allowed to work in feeding jute, hemp or other fibre into softening machines? | Are women allowed to work in a factory for pressing cotton where a cotton opener is at work? | Are women allowed to work in weaving in carpet and woollen drugget making? | Are women allowed to work in any process involving carding and spinning of raw fibre in carpet and woollen drugget making? | Are women allowed to work in yarn dyeing process in carpet and woollen drugget making? | Are women allowed in yarn dyeing in Coir and Fibre Factories? | Are women allowed stencilling and painting of mats matting and carpets in Coir and Fibre Factories? | Are women allowed to work in roasting and scrubbing of cashewnuts or extracting oil from cashewnuts or cashewnut shells? |
| Central | 1948 | The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:-- (a) no exemption from the provisions of section 54 may be granted in respect of any woman; (b) no woman shall be 1[required or allowed to work in any factory] except between the hours of 6 A.M. and 7 P.M. : Provided that the State Government may, by notification in the Official Gazette, in respect of 2[any factory or group or class or description of factories,] very the limits laid down in clause (b), but so that no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M. : (c) there shall be no change of shifts except after a weekly holiday or any other holiday. (2) The State Government may make rules providing for the exemption from the restrictions set out in sub-section (1), to such extent and subject to such conditions as it may prescribe, of women working in fish-curing or fish-canning factories, where the employment of women beyond the hours specified in the said restrictions is necessary to prevent damage to, or deterioration in, any raw material. (3) The rules made under sub-section (2) shall remain in force for not more than three years at a time. |
1 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Andhra Pradesh | Andhra Pradesh Factories Rules, 1950 | Andhra HC declared Section 66 ultra vires | 0 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Arunachal Pradesh | 0 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assam | Rule 98/ Form 20 (10) | No woman shall in any circumstances be employed in any factory for more than 9 hours in any day or between the hours of 7 P.M. and 6 A.M. | As per State Government notification no. GLR(RC)100/2012/238 dated 18th Oct 2016 referring to the Honorable Madras High court hearing NOA604-061l999 and in other matters, it has been declared that, Section 66 (1b) of the act allows employment of women in factory women at night shift between 7 PM To 6 AM with certain conditions in respect of their security and safety of women employees. Kindly refer the notification for further details. | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 0 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | |||
|
|
Rule 99/ Form 19 (9) | No woman shall in. any circumstances be employed in any factory for more than t hours on anv dav or between the hours of 7 P. M. and 6 A. M. They may be all,owed to work upto 10 P. M. in special circumstances. The change shift of a woman worker shall take place only after a holiday | Special circumstances, circumstances undefined | 1 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | |||
| Chhattisgarh | Rule 10 | 10. Prohibition of employment of women (Section 66). - No woman shall in any circumstances be employed in any factory for more than 9 hours in any day or between the hours of 7 p.m. and 6 a.m. | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
Rule 135/ Form 33 (15) | No women shall be required or allowed to work in any factory except between the hours of 7 a.m. and 7. P.m. The State Government may vary these limits or exempt this restriction in case of women working on fish-curing or fish-canning factories. | Fish Curing and Canning factories | 1 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | |||
| Gujarat | Rule 106/ Form 23 (10) | No women shall in any circumstances be employed in any factory for more than 9 hours in any day or between the hours of 7 p.m. and 6 a.m. |
Gujarat HC declared the Section 66 ultra vires | 1 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | |||
| Haryana | Rule 106/ Form 20 (10) | No woman shall in any circumstances be employed in any factory for more than 9 hours in any day or between the hours of 7 p.m. and 6 a.m. | Haryana Government through a notification dated 17th August 2017 allowed employment of women workers (through exemptions) in the factories during night shifts i.e. from 07.00 P.M. to 06.00 A.M. Any factory in the State, registered under the Factories Act, 1948 may apply for this exemption. Such exemption will be valid for one year from the date of its publication in the Official Gazette. The exemption shall be granted on the following conditions Haryana amended Factories Act. | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 0 | 0 | 0 | 1 | 1 | 1 | 0 | 1 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | |||
| Himachal Pradesh | Rule 99/ Form 20 (10) | No woman shall in any circumstance be employed in any factory for more than 9 hours in any days or between the hours of 7 P.M. and 6 A.M. | 1 | 0 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Jharkhand | 1 | 0 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Karnataka | Not Mentioned | The Karnataka Government through a notification dated 20-11-2019 permitted employment of women workers, who come fo*r.d to work during night shifts, ie. between 7'00 P'M to 6.00 aM. in the factories registered under the Factories Act, 1948 (central Act 63 of L948) subject to some conditions | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | ||||
| Kerala | Rule 111 | All women working in fish curing fish canning or fish freezing factories shall be exempted from the provisions of sub-section (1) of section 66 subject to the following conditions :- (1) All women whose duty terminates or starts after 7 p.m. and before 6 a.m. should be provided with free conveyance from their residence to factory and back. (2) No women shall be employed before 6.a.m. or after 7p.m. for more than three days in any one week. The number of days on which a woman may be so employed shall not exceed ninety in a year. (3) A period of uninterrupted rest of at least nine hours shall intervene between the cessation of a period of work after 7 p.m., on any day and the beginning of a fresh period of work on the following day. |
Fish Curing and Canning factories | Kerala Government issued a notification in 2018 allowing women to work in night shifts (7 p.m to 6 a.m) in all factories registered under the factories act. | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | ||
|
|
2015 | (a) In sub-section (1), in clause (b), for the existing proviso, the following proviso shall be omitted (b) after sub-section (1), the following section shall be inserted, namely:- 1(A) The State Government may, by order,specify conditions for ensuring safety pf women who are required or allowed to work in any factory or manufacturing process between the hours of 8 P.M. and 6 A.M. |
Rule 111/ Form 26 (10) | No woman shall in any circumstances be employed in any factory for more than 9 hours in any day or between the hours of 7 p.m. and 6 a.m. | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | ||
| Maharashtra | 2015 | In sub-section (1), in clause (b), for the existing proviso, the following proviso shall be substituted, namely:-- "Provided that, the women workers may be required or allowed to work even between the hours of 7.00 p.m. and 6.00 a.m. in any factory in which adequate safety and security measures or safeguards as may be prescribed are provided |
Rule 102 A | All women working in fish curing and fish canning factories shall be exempted from the provisions of clause (b) of sub-section (1) of section 66 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | ||
| Manipur | NA | 1 | 0 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Meghalaya | Form 33 (14) | No women worker shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m. The State Government may vary these limits or exempt this restriction in case of women working in fish-curing or fish-canning factories. |
State government may vary these limits or exempt these restrictions on fish curing and fish canning industries | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | |||
| Mizoram | State government may vary these limits or exempt these restrictions on fish curing and fish canning industries | 1 | 0 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Nagaland | NA | 0 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Odisha | Rule 100/ Form 20 (10) | No woman shall in any circumstances be employed in any factory for more than 9 hours in any day or between the hours of 7 p.m. to 6. a.m. | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | ||||
| Punjab | Rule 106/ Form 20 (10) | No Woman shall in any circumstances be employed in any factory more than 9 hours in any day or between the hours of 7 P.M. and 6 A.M. There shall be no change of shifts except after a weekly holiday or any other holiday. | 1 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 0 | 0 | 0 | 1 | 1 | 1 | 0 | 1 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | ||||
| Rajasthan | Rule 104/ Form 22 (10) | No woman shall in any circumstances be employed in any factory for more than 9 hours in any day or between the hours of 7 p.m. and 6 a.m. | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 0 | 0 | 0 | 1 | 1 | 1 | 0 | 1 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | ||||
| Sikkim | NA | 0 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
Rule 84A | 84 A: All women working in fish-curing and fish-canning factories shall be exempted from the provisions of sub-section (1) of section 66 of the Act, subject to the following conditions, namely (1) Nowomanshallbeemployedbefore6a.m.orafter7p.m.formorethanthreedays in anyone week.The number of days on which a woman may be so employed shall not exceed fifty in a year; (2) No woman shall be employed after Ip.m. and before 5 am; (3) A period of uninterrupted rest of atleast nine hours shall intervene between the cessation of period of work after 7 p.m. on any day. and the beginning of a fresh periodofworkonthefollowingday;and (4) A muster-roll in Form No. 25-A shall be maintained. |
Fish Curing and Canning factories | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | |||
|
|
Rule 164/ Form 34 | No woman shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 A.M. The State Government may vary these limits or exempt this restriction in case of women working in fish-curing or fish-canning factories. | The State Government may vary these limits or exempt this restriction in case of women working in fish-curing or fish-canning factories. | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 1 | 0 | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | |||
|
|
2017 | In Section 66 of the principal Act, in sub-section (1), in clause (b) for the existing proviso, the following proviso shall be substituted, namely-- "Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories vary the limits laid down in this clause and such variation may authorise the employment of any woman between the hours of 7 p.m. and 6 a.m. mentioning therein the provisions for the safety and facilities of the woman to be given to her." |
Rule 118/ Form 20 (10) | No woman shall in any circumstances be employed in any factory more than 9 hours in any day or between the hours of 7 p.m. and 6 a.m. and three shall be no change of shifts except after a weekly holiday or any other holiday. | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 1 | 0 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | ||
| Uttarakhand | Rule 118/ Form 20 (10) | No women shall in any circumstances be employed in any factory more than 9 hours in any day or between the hours of 7 p.m. and 6 a.m. and there shall be no change of shifts except after a weekly or any other holiday. | 1 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | ||||
|
|
Section 68 | Form 21 (9) | No woman unless authorised by the State Government in this behalf shall be employed in any factory for more than 9 hours in any day or between the hours of 7 p.m. and 6 a.m. | 1 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 1 | 1 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 |
| States | Name of the Act and Rules | Can women work in shops and establishments at night? 0 = Yes, 1 = No |
Where does it say women cannot work at night? | Reference to Legal text/provisions that say women cannot work at night | Provision | What is night? | Does the Act give express exemptions from its provisions to women in positions of management? 0 = Yes, 1 = No |
Does the Act give express exemptions from it provisions to establishments for the treatment or care of the sick, infirm, destitute or mentally unfit? 0 = Yes, 1 = No |
Does the Act exempt Central and State Government establishments from its provisions? 0 = Yes, 1 = No |
Does the Act exempt establishments/ officers under the local authority from its provisions? 0 = Yes, 1 = No |
Does the Act exempt establishments/ officers under the Reserve Bank of India from its provisions? 0 = Yes, 1 = No |
Does the Act exempt any person whose work is intermittent from its provisions? 0 = Yes, 1 = No |
Can women be employed at night, if they work in establishments owned by their family members? 0 = Yes, 1 = No |
Can women be employed in Cinemas and theatres at night? 0 = Yes, 1 = No |
Exemption from prohibition from working at night for women mentioned in the Act | Additional observations from the Acts and Rules | Establishments exempted from all the provisions of the Act |
| Andhra Pradesh | Andhra Pradesh Shops and Establishments Act, 1988 and Andhra Pradesh Shops & Establishments Rules, 1990 | 1 | Andhra Pradesh Shops and Establishments Act, 1988 | Section 23 | No woman employee shall be required or allowed to work in any establishment before 6-00 a.m. and after 8-30 p.m. | 8:30 PM to 6:00 AM | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | Nil | ||
| Arunachal Pradesh | Act and Rules unavailable | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | |||||
| Assam | Assam Shops and Establishments Act, 1971 | 1 | Assam Shops and Establishments Act, 1971 | Section 20 | No women or any person who has not attained the age of seventeen shall be required or allowed to work whether as an employee or otherwise in any establishment before 6 A.M. or after 7 P.M. | 7 PM to 6 AM | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | Section 3 Nothing contained in this Act shall apply to:- (a) person employed in any establishment in a position of management.; (b) person whose work mainly involves traveling, and persons employed as canvassers and care-takers and whose names do not appear in the muster rolls; (c) establishments under the Central or any State Government, local authorities, the Reserve Bank of India or any other Bank, any Railway administration and cantonment authorities; (d) any water transport service or motor service, or any system of public conservancy or sanitation any industry business or undertaking which supply power light or water to the public and such other public utility companies or associations or classes thereof as the State Government may, by notification, exempt from the operation of this Act; (e) clubs, residential hotels and boarding houses; (f) stalls and refreshment rooms at railway station, docks, wharves and airports; (g) establishments for the treatment or care of the sick, infirm, destitute or mentally unfit: (h) shops or classes of shops dealing mainly in vegetables, meat, fish, dairy' products, bread, pastries, sweetmeat and flowers so far as the retail sales of these articles are concerned; (i) pharmacies or shops dealing mainly in medicines, surgical appliances, bondages or other medical requisites so far as sales of those articles are concerned; (j) shops dealing in articles required for funerals, burials or cremations so far as the sales of those articles are concerned; (k) shops dealing in tobacco, cigars, cheroots, cigarettes, biris, pan, liquid refreshment sold in retail for consumption on the premises, ice, newspaper or periodicals so far as the sales of these articles are concerned; (l) shops dealing in supplies, stores, or other articles necessary for shops so far as sales of these articles are concerned; (m) shops or stalls in any public exhibition or show so far as such shops or stalls deal in retail trade which is solely subsidiary or ancillary to the main purposes of such exhibition or show; (n) shops or stall in any public fair or bazar held for charitable purposes; (o) barber's and hairdresser's shops; (p) "shops dealing in petroleum products or spare parts for motor vehicles or cycles; (q) excise shops; (r) establishments in mine and oilfield; (s) any person employed in a confidential capacity, messenger, watchman or exclusively in connection-with the collection, despatch, delivery and conveyance or customs formalities of goods or such other persons or classes of persons as the State Government may, by notification, exempt from the operation of all or any of the provisions of this-Act; (t) such seasonal commercial establishments engaged in the purchase of raw jute or cotton ginning or cotton or jute pressing and the clerical department of such seasonal factories and such other establishments as the State Government may by notification, exempt from the operation of all or any of the provisions of this Act. |
||
| Bihar | Bihar Shops and Establishments Act, 1953 and Bihar Shops and Establishments Rules, 1955 | 1 | Bihar Shops and Establishments Act, 1953 | Section 14 | No child, young person or woman shall be required or allowed to work whether as an employee or otherwise in any establishment to which this Act applies before 7 a.m. or after 10 p.m. | 10 PM to 7 AM | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | Section 4: (1) The provisions of this Act shall not apply to any precinct or premises of a mine as defined in clause (j) of Section 2 of the Mines Act, 1952 (XXV of 1952). (2) Notwithstanding anything contained in this Act, the provisions thereof specified in the third column of the Schedule shall not apply to the establishment, employees and other persons referred to in the corresponding entry in the second column : Provided that the State Government may, by notification, add to, omit or alter any of the entries in the Schedule in respect of one or more areas of the State and on the publication of such notification, the entries in either column of the Schedule shall be deemed to be amended accordingly. |
||
| Chhattisgarh | Chhattisgarh Shops and Establishments Act, 1958 and Chhattisgarh Shops and Establishments Rules, 1959 | 1 | Chhattisgarh Shops and Establishments Act, 1958 | Section 24 | No young person or women s hall be required or allowed to work whether as an employee or other wise in any establishment before 7 a . m. and after 9 p . m. notwithstanding that such young person or women is a member of the family of the employer . | 9 PM to 7 AM | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | Section 3 (1) Nothing in this Act shall apply to – (a) persons occupying positions of management and declared as such under clause (a) of sub-section (2) of section 6 or employed in a confidential capacity not exceeding ten percent of the total number of the employees in the establishment or three in number, whichever is less; (b) persons whose work is inherently intermittent such as traveler, canvasser , a watch man or a caretaker; (c) persons exclusively engaged in preparatory or complementary work, such as clearing or forwarding clerks, responsible for the dispatch of goods by rail or other means of communication and for customs formalities or messengers; (d) persons exclusively employed in the collection, delivery or conveyance of goods; (e) offices of Union or State Government or of local authorities and of the Reserve Bank of India, the State Bank of India and the Life Insurance Corporation ; (f) establishment for the treatment or the care of the sick, in firm, destitute or mentally unfit; (g) bazars, fairs or exhibitions for the sale of works for charitable or other purposes from which no profit is derived; (h) stalls and refreshment rooms at railway stations, or railway dining cars; (i) …….. (j ) clubs not being residential clubs; and (k) any other class of establishments or class of persons which the Government may, by notification, exempt from the operation of this Act: Provided that if in the opinion of the State Government the circumstances existing in any particular class of cases hereinbefore mentioned requires that all or any of the pro visions of this Act should be extended thereto, the State Government may, by notification extend to such class of cases all or any of the provisions of this Act and thereupon such pro visions shall apply to such class of cases. (2) The Government my, by notification, direct that any or all of the provisions of this Act shall, subject to such terms and conditions as may be specified in such direction not apply to such classes of establishment or class of persons as may be specified therein . |
||
| Goa | Goa, Daman and Diu Shops and Establishments Act, 1973 and Goa, Daman and Diu. Shops and Establishments Rules, 1975 | 0 | Not applicable | Not applicable | Not applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Nil | ||
| Gujarat | Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service Act, 2019 and Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2020 | 1 | Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service Act, 2019 and Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2020 | Section 13 (2) Rule 11 |
Section 13 (2): No woman worker shall be required or allowed to work in any establishment except between the hours of 6 a.m. and 9 p.m': Provided that, where the Inspector or any person, authorized by it in this behalf, is satisfied that the provisions of shelter, rest room, 'night creche, ladies toilet, adequate protection of dignity, honour and safety, protection from sexual harassment, and their transportation from the shop or establishment to the door step of their residence exists in such shop or establishment, it may, by order, after obtaining the consent of the woman worker, allow her to work between 9 p.m. to 6 a.m. subject to such conditions as may be specified in the order. Rule 11: Women worker shall be required or allowed to work in shop or establishment between 9.00 p.m. to 6.00 a.m. after obtaining the consent of such women worker in Form-J, subject to such conditions as may be specified in the order of the lnspector. |
9 PM to 6 AM | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | Requirements under Form J Thee employer will provide safe transport facility from the doorstep of my residence to the place of work and vice-versa-and that there will be at least three women worker working in the nightshift and that there is a Committee to prevent sexual harassment at york |
Section 3 (1) The provisions of this Act shall not apply to'- (a) establishments of the Central or the State Government; (b) establishments of local authorities; (c) offices of Reserve Bank of India; (d) a worker whose work is inherently intermittent; (e) a member of the family of an employer' (2)A list of the workers referred to in clauses (d) and (e) shall be displayed at a conspicuous place in the shop or establishment and a copy of thereof shall be sent to the Inspector' |
|
| Haryana | Punjab Shops and Commercial Establishments Act, 1958 and The Punjab Shops and Commercial Establishments Rules, 1958 | 1 | Punjab Shops and Commercial Establishments Act, 1958 and The Punjab Shops and Commercial Establishments Rules, 1958 | Section 30 Rule 15 |
Section 30: (1) No woman shall be required or allowed to work whether as an employee or otherwise in any establishment during night : [Provided that nothing in this sub-section shall apply to an establishment which is engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit.] (2) No employer of any establishment shall knowingly employ a woman and no woman shall engage in employment in any establishment during six weeks following the day of her confinement or miscarriage. (3) Government may prescribe further conditions in respect of employment of women employed about the business of establishments or any class of them, including if it thinks fit, conditions with respect to the daily period of employment, leave and other matters and no woman shall be employed otherwise than in accordance with these conditions. Rule 15: No application for the grant of an exemption under section 28 of the Act shall be entertained unless received by Chief Inspector within one month before the date of commencement of the period in respect of which the exemption is required. (2) Any exemption to be granted under Section 28 of the Act shall be subject to the following conditions, namely :- (i) the total number of hours of work in any establishment shall not exceed ten on any one day; (ii) the spread-over inclusive of intervals for rest in any establishment shall not exceed twelve hours on any one day; (iii) the total number of hours of over-time work shall not exceed sixty in any one quarter and the person employed for over-time work shall be paid remuneration at double the rate of normal wages, payable to him, calculated by the hours; and (iv) no woman shall be required or allowed to work whether as an employee or otherwise in any establishment during the hours from 8.00 p.m. to 6.00 a.m. Provided that nothing contained in clause (iv) shall be applicable to a woman working in Information Technology establishments, Information Technology enabled establishments, Banking establishments, [Three star or above hotels] and hundred percent exports oriented establishments. |
During Night | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | The Act exempts establishments that are engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit from provisions of Section 30 that restrcits the working hours of women |
Section 3: Nothing in this Act shall apply to - (a) offices of or under the Central or State Governments (except commercial undertakings), the Reserve Bank of India, any railway administration or any local authority; (b) any railway service, air service, water transport service, tramway, 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) offices of lawyers; (e) any person employed about the business of any establishment mentioned in paragraphs (a) and (d) aforesaid; (f) any person whose hours of employment are regulated by or under the Factories Act, 1948, except the provisions of sub-sections (3), (4) and (5) of section 7 of this Act in so far as they relate to employment in a factory; (g) any person whose work is inherently intermittent. (h) establishments of stamp vendors and petition writers. Section 28: Government or any officer empowered by the Government in this behalf may], by notification in the official Gazette, exempt from the operation of all or any of the provisions of this Act for any period it considers desirable any establishment or any class thereof or any employer or employee or class of employers or employees to whom this Act applies on such condition as it may think fit. |
|
| Himachal Pradesh | Himachal Pradesh Shops and Commercial Establishments Act, 1969 and Himachal Pradesh Shops and Commercial Establishments Rules, 1972 | 1 | Himachal Pradesh Shops and Commercial Establishments Act, 1969 | Section 29 | (1) No woman shall be required or allowed to work whether as an employee or otherwise in any establishment during night : [Provided that nothing in this sub-section shall apply to an establishment which is engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit.] (2) No employer of any establishment shall knowingly employ a woman and no woman shall engage in employment in any establishment during six weeks following the day of her confinement or miscarriage. (3) Government may prescribe further conditions in respect of employment of women employed about the business of establishments or any class of them, including if it thinks fit, conditions with respect to the daily period of employment, leave and other matters and no woman shall be employed otherwise than in accordance with these conditions. |
During Night | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | The Act exempts establishments that are engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit from provisions of Section 29 that restrcits the working hours of women |
Section 3 Nothing in this Act shall apply to- (a) offices of or under the Central Government or any State Government or the Government of Himachal Pradesh (except commercial undertakings), the Reserve Bank of India, any Railway administration or any local authority (b) any railway service, air service, water transport service, tramway, postal, telegraph r 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) offices of lawyers (e) any person employed about the business of any establishment mentioned in clauses (a) to (d) (f) any person whose hours are regulated by or under the Factories Act, 1948, except the provisions of subsections (3), (4) and (5) of section 7 of this Act in so far as they relate to employment in a factory (g) any person whose work is inherently intermittent (h( establishments of stamp vendors and petition writers |
|
| Jammu and Kashmir | Jammu and Kashmir Shops and Establishments Act, 1966 and Jammu and Kashmir Shops and Establishments Rules, 1968 | 1 | Jammu and Kashmir Shops and Establishments Act, 1966 | Section 25 | Notwithstanding anything contained in this Act, no young person or woman shall be required or allowed to work, whether as an employee or otherwise in any establishment for more than six hours on any day and before 7 A.M. and after 9 P. M. | 9 PM to 7 AM | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | Section 3 Nothing in this Act shall apply to- (a) persons whose work is inherently intermittent such as a traveller, convasser, a watchman or a caretaker; (b) offices of the Union or the State Government (except commercial establishments) or of local authority and of the Reserve Bank of India, the State Bank of India and the Life Insurance Corporation; (c) establishments for the treatment of care of the sick, infirm, destitute or mentally unfit; (d) bazaars, fairs, or exhibitions for the sale of works for charitable or other purposes from which no profit is derived; (e) stalls and refreshments rooms at railway stations or railway dinning cars; (f) any commercial establishment carrying on the business of transport of passengers and goods by motor vehicles and persons exclusively employed in such business; (g) clubs not being residential clubs; (h) offices of lawyers. |
||
| Jharkhand | Bihar Shops and Establishments Act, 1953 and Jharkhand Shops and Establishments Rules, 2001 | 1 | Bihar Shops and Establishments Act, 1953 | Section 14 | No child, young person or woman shall be required or allowed to work whether as an employee or otherwise in any establishment to which this Act applies before 7 a.m. or after 10 p.m. | 10 PM to 7 AM | 1 | 1 | 1 | 1 | 0 | 1 | 1 | 1 | Section 4 (1) The provisions of this Act shall not apply to any precinct or premises of a mine as defined in clause (j) of Section 2 of the Mines Act, 1952 (XXV of 1952). (2) Notwithstanding anything contained in this Act, the provisions thereof specified in the third column of the Schedule shall not apply to the establishment, employees and other persons referred to in the corresponding entry in the second column : Provided that the State Government may, by notification, add to, omit or alter any of the entries in the Schedule in respect of one or more areas of the State and on the publication of such notification, the entries in either column of the Schedule shall be deemed to be amended accordingly. |
||
| Karnataka | Karnataka Shops and Commercial Establishments Act, 1961 and Karnataka Shops and Commercial Establishments Rules, 1963 | 1 | Karnataka Shops and Commercial Establishments Act, 1961 and Karnataka Shops and Commercial Establishments Rules, 1963 | Section 25 Rule 24 B |
Section 25: No woman, or a young person, shall be required or allowed to work whether as an employee or otherwise in any establishment during night: [Provided that the State Government may, by notification exempt any establishment of Information Technology or Information Technology enabled service from the provisions of this section relating to employment of women during night subject to the condition that the establishment provides facilities of transportation and security to such women employees and subject to any other condition as may be specified in the notification.] Rule 24 B: Where power to exempt establishments of Information Technology or Information Technology enabled services under the proviso to Section 25 is delegated by the State Government under Section37 to the Commissionerfor Labour, Bangalore or the Deputy LabourCommissioner havingjurisdiction, every employer who intends to seek exemption under Section 25 to engage women employees during night shift, shall make an application inForm R to the Commissioner for Labour or the DeputyLabour Commissioner having jurisdiction, with the list of women employees willing to work in night shifts. There shall be atleast five women employees in one night shift |
During Night | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | State Government may by notification exempt any establishment of Information Technology subject to the condition that the establishment provides facilities of transportation and security to such women employees and subject to any other condition as may be specified in the notification. | Section 3 (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; (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 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. (3) 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 |
|
| Kerala | Kerala Shops and Commercial Establishments Act, 1960 | 1 | Kerala Shops and Commercial Establishments Act, 1960 | Section 20 | No woman or any person who has not attained the age of seventeen shall be required or allowed to work whether as an employee or otherwise in any establishment before 6 A. M. or after 7 P. M. The Kerala Government amended the S & E Act in 2018 and substituted 7 PM for 9 PM. It also added the proviso: "Provided that an employer may employ women employees between 9 P.M and 6 A. M., after obtaining the consent of such women employees and ensuring that no female employee is employed between those hours other than in groups consisting of atlease 5 employees having a minimum of 2 female employees and adequate protection of their dignity, honour and safety, protection from sexual harassment and facility for transportation from the shop or establishment to the doorstep of their residence" | 9 PM to 6 AM | 0 | 1 | 0 | 0 | 0 | 1 | 1 | 1 | Section 3: (1) Nothing contained in this Act shall apply to- (a)persons employed in any establishment in a position of management; (b)persons whose work mainly involves traveling, and persons employed as canvassers and caretakers and whose names do not appear in the muster rolls; (c)establishments under the Central or any State Government, local authorities, the Reserve Bank of India and cantonment authorities; (d)establishment in mines and oil fields; (e)establishments in bazaars in places where fairs or festivals are held temporarily for a period not exceeding fifteen days at a time; (f)establishments which, not being factories within the meaning of the Factories Act, 1948 (Central Act 63 of 1948) are in respect of matters dealt with in this Act, governed by a separate law for the time being in force in the State of Kerala. Section 5: The Government may, if they are satisfied that public interest so requires or that the circumstances of the case are such that it would be just and proper to do so having regard to the nature and capacity of the establishment, by notification in the Gazette, exempt either permanently or for any specified period, any establishment or class of establishments in any area or persons or class of persons to which or to whom this Act applies, from all or any of its provisions subject to such restrictions and conditions as the Government deem fit. |
||
| Kerala | Rules Unavailable | Not Available | Not Available | Not Available | |||||||||||||
| Madhya Pradesh | Madhya Pradesh Shops and Establishments Act, 1958 and Madhya Pradesh Shops and Establishments Rules, 1959 | 1 | Madhya Pradesh Shops and Establishments Act, 1958 | Section 25 | No young person or woman shall be required or allowed to work whether as an employee or otherwise in any establishment before 7 a.m. and after 9 p.m. notwithstanding that such young person or woman is a member of the family of the employer. | 9 PM to 7 AM | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | The Act exempts women who are family members of their employers from Section 25 which restricts the working hours of women | Section 3 Nothing in this Act shall apply to-- (a) persons occupying positions of management and declared as such under clause (a) of sub-section (2) of section 6 or employed in a confidential capacity not exceeding ten per cent of the total number of the employees in the establishment or three in number whichever is less; (b) persons whose work is inherently intermittent such as traveller, canvasser, a watchman or a caretaker; (c) persons exclusively engaged in preparatory or complementary work, such as clearing or forwarding clerks, responsible for the despatch of goods by rail or other means of communication and for customs formalities or messengers; (d) persons exclusively employed in the collection, delivery or conveyance of goods; (e) offices of the Union or State Government or of local authorities and of the Reserve Bank of India, the State Bank of India and the Life Insurance Corporation; (f) establishment for the treatment or the care of the sick, infirm, destitute or mentally unfit; (g) bazars, fairs or exhibition for the sale of works for charitable or other purposes from which no profit is derived; (h) stalls and refreshment rooms at railway stations, or railway dining cars;: (j) clubs not being residential clubs; and (k) any other class of establishments or class of persons which the Government may, by notification, exempt from the operation of this Act: Provided that if in the opinion of the State Government the circumstances existing in any particular class of cases hereinbefore mentioned requires that all or any of the provisions of this Act should be extended thereto, the State Government may, by notification, extend to such class of cases all or any of the provisions of this Act and thereupon such provisions shall apply to such class of cases. (2) The Government may, by notification, direct that any or all of the provisions of this Act shall, subject to such terms and conditions as may be specified in such direction, not apply to such classes of establishments or class of persons as may be specified therein. |
|
| Maharashtra | Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 and Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018 | 1 | Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 and Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018 | Section 13 (2) Rule 13 (2) |
Section 13 (2): No woman worker shall be required or allowed to work in any establishment except between the hours of 7 a.m. and 9-30 p.m: Provided that, the woman worker with her consent, shall be allowed to work during 9-30 p.m. and 7-00 a.m. in any establishment in which adequate protection of their dignity, honour and safety, protection from sexual harassment and their transportation from the establishment to the doorstep of their residence as may be prescribed are provided by the employer or his authorised representative or manager or supervisor. Rule 13 (2): The following additional conditions shall be complied for employment of women workers in night shifts, namely:- (i) Woman workers shall be allowed to work during 9.30 p.m. and 7.00 a.m. in any establishment only after obtaining her consent in Form ‘L’. (ii) The number of women workers employed in the night shift shall not be less than three at any point of time. (iii) To provide safe and secure separate transportation facility for all the women workers working in the night shift from the place of workplace to the doorstep of their residence and vice-versa. The employer shall have all the details of the drivers, guards and all such workers engaged by themselves or through any agency or contractor. Police verification of all such workers engaged for safe and secure transportation of women workers shall be mandatory. (iv) In addition to the holidays as mentioned in section 18 of the Act, every women worker who works in night shift as per her shift schedule, shall be eligible for one additional paid holiday for every two months in a year. (v) There shall be not less than twelve consecutive hours of rest or gap between the last shift and night shift whenever a women worker is changed from day shift to night shift and also from night shift to day shift. (vi) No women worker shall be allowed to work in night shift during the period of twenty-four weeks before and after her child birth, of which at least twelve weeks shall be before the expected child birth, and for further such period, if any, as specified in the medical certificate stating that it is necessary for the health of the women worker or her child: Provided that, the said period may be relaxed at the request of women worker on the basis of medical certificate from a qualified medical practitioner stating that neither her health nor that of her child will be endangered. (vii) Every employer shall annually submit an undertaking to the Facilitator that he shall provide all the facilities as mentioned in this rule and shall take due care and diligence regarding the safety, dignity and honour of women worker in general and particularly of those in night shift. |
9:30 PM to 7 AM | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1. The assumption is that women will be restrcited fromw orking at Night, unless she gives her consent to work at night. 2. Section 13(3) of the Act gives the state government the power to regulate the employment of women. The section says: "Notwithstanding anything contained in the preceding sub-sections, the State Government may, by notification in the Official Gazette, in the public interest, prohibit or regulate the employment of women workers after 9-30 p.m. and before 7-00 a.m. in such shops, establishments, hotels, restaurants, residential hotels, permit rooms, bars, spa-massage parlours, lodges or any business or any trade or occupation in such area or areas as it may deem fit." 3. Form L in the Rules is used to take a woman's consent to work at night |
The provisions of this Act shall not apply to,-- (1) Establishments of the Central and State Government; (2) Establishments of Local Authorities; (3) Establishment of Mumbai Port Trust; (4) Establishment of Railway Administration; (5) Offices of Reserve Bank of India; (6) Offices of the Trade Commissioner and of Consular officers and other Diplomatic representatives of Foreign Government; (7) Offices of Air Service Companies; (8) Establishments used for treatment or care of infirm, destitute or mentally unfit; (9) Establishments pertaining to any kind of educational activities (excepting those where coaching or tuition classes are conducted by individual persons or any institutions other than those,-- (a) affiliated to any university established by law, or (b) recognised by the Divisional Boards under the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 (Mah. XLI of 1965), or (c) recognised by the Directorate of Education or the Directorate of Technical Education as a private secondary or technical high school, Industrial Training Institute (I.T.I.), Polytechnic, Engineering Colleges or other technical institutions conducting courses recognised by Government); (10) High Court Law Libraries and other Courts Law Libraries; (11) A worker occupying position of confidential, managerial or supervisory character in an establishment, a list of which shall be displayed on the website of establishments and in absence of the website at a conspicuous place in the establishment and a copy thereof shall be sent to the Facilitator; (12) A worker whose work is inherently intermittent; (13) A member of the family of an employer. |
|
| Manipur | Manipur Shops and Establishments Act, 1972 and The Maniur Shops and Establishments Rules, 1973 | 1 | Manipur Shops and Establishments Act, 1972 | Section 7 | Notwithstanding anything contained in this Act, no man who has not attained majority under the Indian Majority Act, 1875 (IX of 1875) and no woman shall be required or allowed to work whether as an employee or otherwise in a shop or an establishment before 7 ante meridiem and after 7 post meridiem. | 7PM to 7AM | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | Section 4 Nothing in this Act shall apply to-- (a) offices of the Union or the State Government or local authorities and of the Reserve Bank of India, the State Bank of India and other nationalised banks and corporations; (b) any transport service, motor service, any industry, business or undertaking which supplies power, light or water to the public and such other public utility corporate bodies and, associations or classes thereof as the State Government may, by notification in the official Gazette, exempt from the operation of this Act; (c) establishments run by the Union or the State Government; (d) establishments for the treatment or care of the sick, the infirm or the mentally deranged, and for the benefit of the destitute; (e) pharmacies or shops dealing mainly in medicines, surgical or medical appliances, so far as the sale of these articles is concerned; (f) surgical or clinical homes; (g) shops dealing in articles required for funerals, burials or cremations so far as the sale of these articles is concerned; (h) shops or stalls dealing mainly in vegetables, meat, fish, dairy produce, bread, pastries, sweetmeats, flowers, so far as the retail sale of these articles is concerned; (i) stalls or refreshment rooms run by, or with the permission of, the Union or the State Government, and situate within the premises or precincts of institutions belonging to, or run by, such Government; (j) shop, stalls or refreshment rooms in any public exhibition or show, or so far as such shops, stalls or refreshment rooms deal in retail trade which is solely subsidiary or ancillary to the main purposes of such exhibition or show; (k) shops or stalls in any public fair; (l) shops or establishments dealing in petroleum products; (m) excise shops; (n) persons whose work is inherently intermittent, such as a traveller, a canvasser, watchman, a messenger or a caretaker; (o) persons exclusively employed in connection with the collection, despatch, delivery or conveyance of goods or the customs formalities thereof; and (p) such other shops, establishments or persons or such classes of any of them as the State Government may, by notification in the official Gazette exempt from the operation of all or any of the provisions of this Act. (2) Notwithstanding anything contained in sub-S. (1), the State Government may, by notification in the official Gazette declare that any shop, establishment or person specified in that sub-section 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 shop, establishment or person. |
||
| Meghalaya | The Meghalaya Shops and Establishment Act 2003 and Meghalaya Shops and Establishments Rules, 2004 | 1 | The Meghalaya Shops and Establishment Act 2003 | Section 8 | No women or any person who has not attained the age of seventeen shall be required or allowed to work whether as an employee otherwise in any establishment before 6 A.M. or after 7 P.M. " Provided that the State Government shall by notification in the Official Gazette relax the prohibition of employment of women in certain establishment from the application of Section 8 above" |
7PM to 6AM | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | State government can by notification exclude an establishment from the application of this prohibition. | Section 29 This Act shall not apply to:- (a) Persons employed in any establishment in a position of management (b) Persons whose work mainly involves travelling and person employed as canvassers and caretakers. (c) Establishment under the Central or any State Government, local authorities, the Reserve Bank of India or any other Bank any Railways Administration and Cantonment authorities. (d) Any Water Transport Service or Major Transport Service or any system of public conservancy or sanitation, any industry or business undertaking which supply light or water to the public and such other public utility companies or associations or classes thereof as the State Government may be notification exempt from the operation of this Act. (e) Stalls and refreshment rooms at railway stations, docks, wharf and airports. (f) Establishment for the treatment or care of the sick: infirms, destitute or mentally unfit person. (g) Shops or stalls in any public exhibition or show so far as such shops or stall, deal in retail trade which is solely subsidiary or ancillary to the main purpose of such exhibition or show. (h) Shops or stalls in any public fair or bazar held for charitable purposes. (i) Shops or classes of shows dealing mainly in vegetable, meat and fish. (j) Establishment in mines and oilfields. (k) Any person employed in confidential capacity, messenger watchman or exclusively in connection with the collection, despatch, delivery and conveyance or customs formalities of goods or such other persons or classes or persons as the State Government may by notification exempt from the operation or all or any of the provisions of this Act; and (l) Such seasonal commercial establishment engaged in the purchase of raw jute or cotton ginning or cotton or jute pressing and the clerical department of such seasonal factories and such other establishment as the State Government may by notification exempt from the operation of all or any of the provisions of this Act. |
|
| Mizoram | The Mizoram Shops and Establishment Act,2010 and Mizoram Shops and Establishments Rules, 2011 | 1 | Mizoram Shops and Establishments Rules, 2011 | Rule 41(1)(viii) | The duties of the Inspector appointed under section 21 of the Act shall generally be to make such examination of an establishment as may be necessary for the purpose of satisfying himself that the provisions of the Act, the rules and any orders issued by the Government under the Act are duly observed and in particular, to ascertain whether within limits of his jurisdiction: (viii) the prohibitions of employment of children and women and persons below the age of seventeen imposed under the Act are duly observed; |
Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | ||||
| Mizoram | The Mizoram Shops and Establishment Act,2010 | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | Not Available | |||||
| Nagaland | The Nagaland shops and Establishments Act. 1982 and Nagaland Shops and Establishment Rules, 2015. | 1 | The Nagaland shops and Establishments Act. 1982 | Section 20 Rule 37 |
Section 20: No women or any person who has not attained the age of seventeen, shall be required or allowed to work whether as an employee or otherwise in any establishment efore 6 A.M. or after 7 P.M. Rule 37: The regulation for employment of women and persons below the age ofseventeen years during night shall be as per Section 20 of the Act. |
7PM to 6AM | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1 | Section 3 (3) nothing contained in this Act. shall apply to : — (a) person employed in any establishment in a position of management (b) person whose work mainly involves travelling and persons employed as canvassers and caretakers and whose names do not appear in the master rolles; (c) establishment under the Central or any State Government local authorities, the Reserve Bank of India or any other Bank any Railway administration and Cantonment authorities; (d) any water transport service, or motor service or any system of public conservancy or sanitation, any industrybusiness or undertakingwhich supply power, / light or water to the public and such other publicutility companies or associations or classes thereof as the State Government may, by notification, exempt from the operation of this Act. (e) clubs ; residential hotels and boarding houses; (f) stalls and refreshment rooms at railway stations, docks, wharves and airports; (g) establishment for the treatment or care of the sick, infirm, destitute or mental unfit (h) shops or classes of shops dealing mainlyin vegetables, meat, fish, dairy products, bread, pastries, sweetmeat and flowers so far as the retail sales of these articles are concerned; (i) pharmacies or shops dealing mainly in medicines surgical appliances, bandages, or other medical requisites so far as sale of these articles are concerned; (j) shops dealing in articles required for funerals, burials or cremations so far as the sales of those articles are concerned; (k) shops dealing in tobacco, cigrates, cherrots, cigarettes, biris, pan, liquid, refreshment sold in retail for consumption on the premises, ice, newspaper, or periodicals so far as the sales of these articles are concerned; (1) shops dealing in supplies, stores, or other articles necessary for shops so far as sales of these articles are concerned; (m) shops or stalls in any public exhibition or show so far as such shops or stalls deal in retail trade which is solely subsidary or ancillary to the main purposses of such exhibition or show; (n) shops or stall in any public fair or bazar held for charitable purposes; (o) barbers, and hair-dresser’s shops (p) shops dealing in petroleum products ‘or spare pans for motors, vehicles or cycles (q) excise shops (r) establishments in mine and oil-field; (s) any person employed in a confidential capacity, messenger, watchman or exclusively in connection with the collection, dispath, delivery and conveyance or custom formalities of goods or such other persons or classes of persons as the State Government may, by notification exempt from the operation of all or any of the provisions of this Act. (t) such seasonal commercial establishment engaged in the purchase of jute or cotton ginning or cotton or jute pressing and the clerical department of such seasonal factories and 11(2) such other establishments as the State Government may by notilication exempt from the operation of all or any of the provisions of this Act Section 4 (4) Notwithstanding anything contained in section 3 the State Government may, by notification in the official Gazette apply all or any of the provisions of this Act to any class of persons or establishments mentioned in that section other than those mentioned in clause (c) of sub-section (1) and modify or cancel any such notification. |
||
| Odisha | The Orissa Shops and Commercial Establishments Act, 1956 and Orissa Shops and Commercial Establishments Rules, 1958 | 1 | The Orissa Shops and Commercial Establishments Act, 1956 | Section 23 | No woman or a child between the ages of twelve and fifteen shall be required or allowed to work whether as an employee of otherwise in any establishment during night. Section 2(12) "night" means a period of at least twelve consecutive hours which shall include the interval between 10 p.m. and 6 a.m.; |
During Night | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | Nothing in this Act shall apply to - (a) offices of, or under the Central or State Government or local authorities; (b) offices under the Reserve Bank of India; (c) establishments run by the owners themselves without employing any employee or establishments in which only members of employer's family are employed; (d) establishments for the treatment or care of the sick, infirm, destitute, mental unfit persons; (e) persons occupying positions of management or employed in confidential capacity; (f) persons whose work is inherently intermittent such as travellers or care-takers; (g) persons directly engaged in preparatory or complementary work such as clearing or forwarding clerks responsible for the despatch of goods; (h) fairs, or bazars for the sale of work for charitable or other purposes for which no private profit is derived; and (i) libraries at which the business of lending books or periodicals is not carried on for purposes of gain other than that of making profits for charitable, philanthropic, religious or educational objects. |
||
| Punjab | Punjab Shops and Commercial Establishments Act, 1958 and Punjab Shops and Commercial Establishments Rules, 1958 | 1 | Punjab Shops and Commercial Establishments Act, 1958 and Punjab Shops and Commercial Establishments Rules, 1958 | Section 30(1) Rule 15(2)(iv) |
Section 30 (1): No woman shall be required or allowed to work whether as an employee or otherwise in any establishment during night: Provided that nothing in this sub-section shall apply to an establishment which is engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit. Section 2 (xvii) "night" means a period of at least twelve consecutive hours which shall include the interval between 8 p.m. and 6 a.m.; Rule 15 (2) (iv): Any exemption to be granted under Section 28 of the Act shall be subject to the following conditions, namely no woman shall be required or allowed to work whether as an employee or otherwise in any establishment during the hours from 8.00 p.m. to 6.00 a.m. [Provided that nothing contained in clause (iv) shall be applicable to a woman working in Information Technology establishments, Information Technology enabled establishments, Banking establishments, [Three star or above hotels] and hundred percent exports oriented establishments.] |
During Night | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | The Act exempts establishments that are engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit from provisions of Section 30 that restrcits the working hours of women |
Section 3 Nothing in this Act shall apply to. - (a) offices of or under the Central or State Governments, (except commercial undertakings), the Reserve Bank of India, any railway administration or any local authority; (b) any railway service, air service, water transport service, tramway, 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) offices of lawyers; (e) any person employed about the business of any establishment mentioned in paragraphs (a) to (d) aforesaid; (f) any person whose hours of employment are regulated by or under the Factories Act, 1947, except the provisions of sub-sections (3), (4), and (5) of section 7 of this Act in so far as they relate to employment in a factory (g) any person whose work is inherently intermittent; (h) establishments of stamp vendors and petition writers. |
|
| Rajasthan | Rajasthan Shops and Commercial Establishments Act, 1958 and the Rajasthan Shops and Commercial Establishments Rules, 1959 | 1 | Rajasthan Shops and Commercial Establishments Act, 1958 | Section 22 | Prohibition of employment during night-No woman or child between the ages of 12 and 15 shall be required or allowed to work whether as an employee or otherwise, in any establishment during night. Section 2 (11) "night" means a period of at least twelve consecutive hours which shall include the interval between 10 p.m. and 6 a.m.; |
During Night | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | Section 3 Nothing in this Act shall apply to -- (a) offices of or under the Central or any State Government or local authorities; (b) offices of the Reserve Bank of India; (c) establishments for the treatment of the care of the infirm, or the mentally unfit; (d) persons whose work is inherently intermittent such as travellers or caretakers; (e) fairs or bazars for sale of work for charitable or other purposes from which no private profit is derived; and (f) libraries at which the business of lending books or periodicals is not carried on for purposes of gain other than that of making profit for charitable, philanthropic, religious or educational objects. |
||
| Sikkim | The Sikkim Shops and Commercial Establishments Act, 1983 and Sikkim Shops and Commercial Establishments Rules, 1984 | 1 | The Sikkim Shops and Commercial Establishments Act, 1983 | Section 32 | No young person and women shall be required or allowed to work whether as an employee or otherwise in any establishment before 6 a.m. and after 7 p.m. notwithstanding that such young person or women is a member of the family of the employer. | 7PM to 6AM | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 1 | The Act exempts women who are family members of their employers from Section 32 which restricts the working hours of women | Section 4 Nothing contained in this Act shall apply to-- (a) a person whose work is inherently intermittant such as a traveller, canvasser, watchman or a caretaker; (b) offices of the Central or State Government or of local authorities, or the State Bank of India, the State Bank of Sikkim and the Life Insurance Corporation; (c) establishment for treatment or care of the sick, infirm, destitute or mentally unfit persons; (d) bazars, fairs or exhibitions for the sale of works for charitable or other purposes from which profit is derived; (e) stalls and refreshments rooms at railway stations or railway dining cars; (f) clubs not being residential clubs; (g) any commercial establishment carrying on the business of transport of passengers and goods by motor vehicles and persons exclusively employed in relation to such business; (h) offices of lawyers; and (i) any other class of establishments or class of persons which the State Government may by notification, exempt from the operation of this Act. |
|
| Tamil Nadu | The Tamil Nadu Shops and Establishments Act, 1947 and the Tamil Nadu Shops and Establishments Rules, 1948 | 0 | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | Not Applicable | ||||
| Telangana | The Telangana Shops and Establishments Act, 1988 and Telangana Shops and Establishments Rules, 1990 | 1 | The Telangana Shops and Establishments Act, 1988 | Section 23 | No Woman employee shall be required or allowed to work in any establishment before 6-00 a.m. and after 8-30 p.m. | 8:30 PM to 6 AM | 0 | 1 | 0 | 0 | 0 | 1 | 1 | 1 | Section 73 (1) Nothing in this Act shall apply to- (a) employees in any establishment in a position of management and having control over the affairs of the establishment, whose average monthly wages exceed sixteen hundred rupees; (b) establishments under the Central and State Governments, local authorities, the Reserve Bank of India, a railway administration operating any railway as defined in clause (20) of article 366 of the Constitution and Cantonment authorities; (c) establishment in mines and oil fields; (d) establishments in bazars in places where fairs or festivals are held temporarily for a period not exceeding one month at a time. |
||
| Tripura | Tripura Shops and Establishments Act, 1970 and Tripura Shops and Establishments Rules, 1970 | 1 | Tripura Shops and Establishments Act, 1970 and Tripura Shops and Establishments Rules, 1970 | Section 10 Rule 33 (ix) |
Section 10: No young person shall be required or permitted to work in any shop or establishment after eight o'clock post meridiem and no woman shall be allowed or permitted to work-- (a) in any establishment for public entertainment or amusement other than a cinema or a theatre, after six o'clock post meridiem, or (b) in any shop or commercial establishment, after eight o'clock post meridiem. Rule 33 (ix): Duties of inspectors :~1) The duties of an Inspector appoontcd under section 19 shall be, generally, to make such inspection as may appear to him to be necessary for satisfying himself that the provisoons of the Act and these rules and of any orders issued by Government under the Act arc duly observed and, in particular, for ascertaining whether, withm the local area for which be is appointed,- (ix) any woman is required or permitted to work- (a ) in any establishment for public entertainmenr or amusement other that of cinema or a theatre afcer six O'clock post meridiem ; or b) in any shop or commercial csrabhshment· after nine O'clock; |
After 8PM | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | - The exemptions for women cannot hold true for the following conditions Section 4 (2) (2) The Administrator may, if he thinks fit so to do in the public interest, by notification, exempt, subject to such conditions, if any, as may be specified in the notification, from the operation of any of the provisions of this Act other than those of sections 8, 9 and 10-- (a) any class or classes of shops or establishments either generally or on such occasion or occasions, in such area or areas and for such period or periods as may be specified in the notification; (b) any class or classes of persons employed in a shop or an establishment,-- (i) in a managerial or confidential capacity, or; (ii) as a traveller, canvasser, messenger, watchman or care-taker, or (iii) exclusively in connection with customs examination, collection, despatch, delivery or conveyance of goods from or to booking offices for transport by rail, road or air, docks, wharves or airports. Public amusement and entertainment is an exception where women's working hours are resticted to 6 PM, while for other shops and establishments the restriction is after 8 PM |
Section 4 This Act shall not apply to-- (a) offices of or under the Central or State Government, The Reserve Bank of India, any Railway Administration or any local authority; (b) any railway service, airways service, water transport service, tramway or motor 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) institutions for the treatment or care of the sick, infirm, destitute or mentally unfit; (d) shops or stalls in any public fair or bazar held for a charitable purpose; or (e) stalls and refreshment rooms at railway stations, docks, wharves or airports. |
|
| Uttar Pradesh | The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 and the Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 1963 | 0 | The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 | Section 22 | Any employer if satisfied that the provision of shelter, rest room, night creche, ladies’ toilet, adequate protection of their safety, and their transportation from the shop or commercial establishment to their residence exists in such shop or commercial' establishment, he may. after obtaining the consent of the woman worker, allow her to work between 9 p.m. and 6 a.m.] | 9 PM to 6 AM | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | Section 3 The provisions of this Act shall have no application to- (a) employee occupying positions of confidential, managerial or supervisory character in shop or commercial establishment, wherein more than five employees are employed: Provided that the number of employees so exempted in a shop or commercial establishments shall not exceed ten per cent of the total number of employees thereof; (b) employees whose work is inherently intermittent, as in the case of a traveller or canvasser; (c) officers of Government or local-authorities; (d) officers of Reserve Bank of India; (e) establishments for the treatment or care of the sick, infirm, destitute or mentally unfit; and (f) members of the family of an employer. |
||
| Uttarakhand | Uttarakhand Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 and | 1 | Uttarakhand Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 | Section 6 (2) | No woman worker shall be required or allowed to work in shops or establishment except between the hours of 6 a.m. and 9-00 p.m. : Provided that, the woman worker with her consent, shall be allowed to work during 9-00 p.m. and 6-00 a.m. in shops or any establishment in which adequate protection of their dignity, honour and safety, protection from sexual harassment and their transportation from the shop or establishment to the doorstep of their residence as may be prescribed are provided by the employer or his authorised representative or manager or supervisor. |
9 PM to 6 AM | 0 |
|
0 | 0 | 0 | 1 | 0 | 1 | Section 3 (1) The provisions of this Act shall not apply to,- (a) Any employee holding the post of secret, management or supervisory nature in any shop or any establishment; (b) such any employee which work is inter connection internal; (c) office of the Government or any local authority; (d) offices of Reserve Bank of India; (e) any shop or establishment used for patient, handicapped, without shelter or treatment of mental patient; and (f) any member of the family of any employer. (2) A list of the employees referred to in clause (a) of sub-section (1) shall be displayed at a conspicuous place in the shop or establishment and a copy thereof shall be sent to the Facilitator concerned. |
||
| Uttarakhand | Rules Unavailable | Not Available | Not Available | Not Available | |||||||||||||
| West Bengal | The West Bengal Shops & Establishments Act, 1963 and West Bengal Shops and Establishments Rules, 1964 | 1 | The West Bengal Shops & Establishments Act, 1963 and West Bengal Shops and Establishments Rules, 1964 | Section 10 Rule 41 (1) (ix) |
Section 10: No young person shall be required or permitted to work in any shop or establishment after eight o'clock post meridiem and no woman shall be allowed or permitted to work-- (a) in any establishment for public entertainment or amusement other than a cinema or a theatre, after six o'clock post meridiem, or (b) in any shop or commercial establishment, after eight o'clock post meridiem. Rule 41 (1) (ix); (1) The duties of an Inspector appointed under section 19 shall be, generally, to make such inspection as may appear to him to be necessary for satisfying himself that the provisions of the Act and these rules and of any orders issued by Government under the Act are duly observed and, in particular, for ascertaining whether, within the local area for which he is appointed: (ix) any woman is required or permitted to work— (a) in any establishment for public entertainment or amusement other than a cinema or a theatre, after six o'clock post meridiem, or (b) in any shop or commercial establishment after eight o'clock post meridiem; |
After 8PM | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | Public amusement and entertainment is an exception where women's working hours are resticted to 6 PM, while for other shops and establishments the restriction is after 8 PM | Section 4 This Act shall not apply to-- (a) offices of the under the Central or State Government, the Reserve Bank of India, any railway administration or any local authority ; (b) any railway service, airways service, water transport service, tramways or motor service, postal, telegraph or telephone services, any system of public conservancy or sanitation or any industry, business or undertaking which supplies power, light or water, to the public ; (c) institutions for the treatment or care of the sick, infirm destitute or mentally unfit; (d) shops or stalls in any public fair or bazar held for a charitable purpose ; or, (e) stalls and refreshment rooms at railway station, docks, wharves or airports. |
no reviews yet
Please Login to review.
