New rule in MaharastrA

) Recently, the Government of Maharashtra has introduced the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2017 in the Maharashtra Legislative Assembly that categorically includes doctors and hospitals in the definition of establishment. This bill is in sharp contrast with the previous numerous court judgments that implied that individual medical practitioners cannot be considered as commercial establishments. As per the new act, establishment includes establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others). If bill is cleared by the legislative assembly, both individual practitioners, clinic owners as well as hospitals will have to comply and register themselves under the Act. Salient features of the bill For Establishment with 10 or more employees: The bill states that within a period of 60 days from the date of commencement of this act, the employer of every establishment employing ten or more workers shall submit application online in a prescribed form for registration to the Facilitator (under the act) along with fees and details, post which the facilitator will register the establishment, and issue a registration certificate along with the Labour Identification Number (LIN) to the employer. For Establishment with less than 10 employees: Such establishments will have to give an intimation of having commenced the business to the Facilitator (in the prescribed format) against which the Facilitator shall issue to the employer of such establishment a receipt of intimation. Working hours: Subject to the other provisions of this act, no adult worker shall be required or allowed to work in any establishment for more than nine hours in any day and forty-eight hours in any week. No adult worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour. Man power establishment: The spread-over of a worker in establishment shall not exceed ten and half hours in any day, and in case a worker entrusted with intermittent nature of work or urgent work, the spread over shall not exceed twelve hours. Wages for overtime: Where a worker in any establishment is required to work beyond nine hours a day or forty-eight hours a week, he shall be entitled, in respect of the overtime work, wages at the rate of twice his ordinary rate of wages. The total number of overtime hours shall not exceed one hundred and twenty five hours in a period of three months. Leave with pay and payment of wages: The bill lays down the conditions for payment of wages while specifying the provisions for leaves for workers including mandatory weekly off as well as eight days casual leaves. Enforcement and inspection: The bill empowers the chief facilitator, as appointed by the state government, to inspect the establishment in accordance with the provisions laid down in the act. Offences and Penalties Penalty provisions of this Act: A fine which may extend to one lakh rupees and in the case of a continuing contravention, with an additional fine which may extend to two thousand rupees for every day during which such contravention continues. Penalty provisions for contravention of provisions of this Act which resulted in accident of this Act: Save as otherwise expressly provided in this act, where an employer on being held guilty of contravention of any of the provisions of this Act or any rules made thereunder which has resulted in an accident causing serious bodily injury or death of a worker, he shall, on conviction, be punished with imprisonment which may extend to six months, or with fine which shall not be less than two lakh rupees and which may be extended to five lakh rupees, or with both.