Amendment of Shops and Establishments Act

The Government of Tamil Nadu, vide notification dated 19^th May, 2023, has amended the Tamil Nadu Shops and Establishments Act, 1947. It has inserted section 22-B, 22-C, 22-D, and 22-E after section 22-A, in the said Act. This newly added provisions make an employer responsible for providing wholesome drinking water, latrine and urinals, rest room and lunch room, first aid facilities to their employees.

The notification further amended the Tamil Nadu Shops and Establishments (Amendment) Act, 2018. Some of salient features of the amendment are as below:

• Every establishment employing ten or more workers shall, within a period of six months from the date of commencement of his business, apply for registration and obtain a registration certificate.
• The Inspector, on receipt of an application, shall register the establishment and issue a registration certificate to the employer within twenty four hours.
• If the registration certificate is not issued within a period of twenty four hours from the date of receipt of application by the Inspector, the registration certificate shall be deemed to have been granted.
• The registration certificate shall be prominently displayed in the establishment by the employer.
• If there are any changes in the particulars furnished in the application for registration, employer has to give intimation about the same, along with prescribed fees to the inspector within 30 days of such change in order to get the amended or fresh registration certificate.
• Intimation about the closure of an establishment should be given within 30 days of such closure to the inspector.
• The employer of every existing establishment employing ten or more workers on the date of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018, shall furnish the details of the establishment along with a self-declaration to the Inspector, within a period of one year from the date of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018. The Inspector shall, after recording the intimation furnished by the employer in the Register of the establishments, issue a registration certificate.

Even though the above notification is published by the Government, there is no clarity with regard to effective date of Tamil Nadu Shops and Establishments (Amendment) Act, 2018. Hence, we are expecting another circular from the Government on the effective date and on online implementation of the above said provisions.