Are you an owner of a shop or an establishment in Karnataka? Do you need your women employees working at your workplace post 8 PM? Do you want to ensure that you are complying with all the relevant laws and regulations regarding the same?
If your answer to these questions is yes, then you are on the right page.
Form R of the Karnataka Shops and Establishments Act is for taking permission from the labour department of Karnataka to allow women to work 8 PM in your establishment. The approval for the same is given on the basis of why you need women to work post 8 PM in your establishment and whether you are adhering to the rules and regulations for the same or not.
To help you have a better understanding of the same, this article covers the following topics:
- What is Karnataka Shops and Establishments Act?
- Key Definitions in the Karnataka Shops and Establishments Act
- Registration of Shops and Establishments as under the Karnataka Shops and Establishments Act
- What are the Exemptions to the Karnataka Shops and Establishments Act?
- Compliances as under Karnataka Shops and Establishments Act
- Form R: Permission to Allow Women to Work after 8 PM
- FAQs related to Form R: Permission to Allow Women to Work after 8 PM
- How can Deskera Help You with Form R?
- Key Takeaways
- Related Articles
What is Karnataka Shops and Establishments Act?
The Karnataka Shops and Establishments Act is a state-level legislation that governs the regulation of shops and commercial establishments operating in the state of Karnataka, India. The Act came into force on 1st April 1963, and it is applicable to all shops and establishments, including hotels, restaurants, theatres, and other places of public amusement or entertainment.
The objective of the Act is to provide for the regulation of the working conditions of the employees, ensure their safety, and prevent exploitation. The Act specifies the hours of work, holidays, and leaves, payment of wages, and other important provisions related to employment.
Under the Karnataka Shops and Establishments Act, all establishments are required to obtain a registration certificate within 30 days of the commencement of business. The Act also mandates the maintenance of records, registers, and notices as prescribed, which are subject to inspection by the authorities.
The Act also provides for penalties for non-compliance, including fines and imprisonment for repeated violations. The Act is aimed at ensuring that the working conditions in shops and establishments are fair and just and that employees are not exploited or subjected to unsafe or unhealthy work conditions.
Key Definitions in the Karnataka Shops and Establishments Act
The key definitions in the Karnataka Shops and Establishments Act are:
- Commercial Establishment- It refers to a commercial or banking or trading, or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a restaurant, hotel, a cafe, or any other refreshment house, boarding or eating house, a theatre or any other place of public amusement or entertainment and includes such establishments as the State Government may by notification declare to be a commercial establishment for the purposes of this Act.
- Employee- It means a person wholly or principally employed in or in connection with any establishment whether working on permanent, periodical, contract or piece-rate wages, or on a commission basis, even though he receives no reward for his labour and includes an apprentice, any clerical or other member of the staff of a factory or industrial establishment who falls outside the scope of the Factories Act, 1948, but does not include a member of the employer’s family; and “employed” shall be construed accordingly.
- Employer- It means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes members of the family of an employer, a manager, agent, or other person acting in the general management or control of an establishment.
- Establishment- It refers to a shop or a commercial establishment.
- Night - It refers to a period of at least twelve consecutive hours which shall include the interval between 8 PM and 6 AM.
- Register of Establishments- It means a register maintained for the registration of establishments under this Act.
- Registration Certificate- It means a certificate showing the registration of an establishment.
- Shop- It means any premises where any trade or business is carried on or where services are rendered to customers, and includes offices, storerooms, godowns, or warehouses, whether in the same premises or otherwise, used in connection with such trade or business, but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the Factories Act, 1948.
Registration of Shops and Establishments as under the Karnataka Shops and Establishments Act
- Within the period specified in sub-section (3), the employer of every establishment shall send to the Inspector of the area concerned a statement in the prescribed form together with such fees as may be prescribed, containing,—
(a) the name of the employer and the manager, if any;
(b) the postal address of the establishment;
(c) the name, if any, of the establishment; and
(d) such other particulars as may be prescribed.
(2) On receipt of the statement and the fees, the Inspector shall, on being satisfied with the correctness of the statement, register the establishment in the register of establishments in such manner as may be prescribed and shall issue, in a prescribed form, a registration certificate to the employer. The registration certificate shall be prominently displayed at the establishment.
(3) Within thirty days from the date mentioned in column (2) below in respect of an establishment mentioned in column (1), the statement, together with fees, shall be sent to the Inspector under sub-section (1).
(3A) In case the Inspector is not satisfied with the correctness of the statement together with fees under sub-section (3), shall, within thirty days from the date of receipt of the same, communicate to the employer his decision for refusing to register the establishment with the reasons therefor, failing which the establishment shall be deemed to have been registered.
(4) A registration certificate issued under sub-section (2) shall be valid for 2 [five years]2 and shall be renewed 2 [before the expiry of the period of registration certificate]2 on payment of such fees and in such manner as may be prescribed.
(5) The registration certificate issued or renewed before the commencement of the Karnataka Shops and Commercial Establishments (Amendment) Act, 1997 shall, on such commencement, continue to be valid till the expiry of the period of registration certificate already granted and the employer of every such establishment shall renew his registration certificate before the expiry of such period in accordance with subsection (4).
(6) In case the Inspector is not satisfied with the correctness of the statement or the renewal application or the payment fee prescribed or any other condition of renewal shall within thirty days from the date of receipt of the statement together with fees from the employer seeking renewal of registration certificate communicate to the employer his decision for refusing to renew the registration with the reasons therefor, failing which the registration certificate shall be deemed to have been renewed.
(7) In case the certificate of registration or renewal of registration is not received by any employer within the period specified in sub-section (3A) or (6), the employer shall display a self-certification statement sent by Registered Post with Acknowledgement Due to the Registering Authority for registration or renewal, as the case may be, along with the acknowledgment to that effect stating that he has got the deemed benefit. In case the certificate of registration or renewal of registration, as the case may be, is received by the employer subsequently, such self-certification shall be replaced with a regular certificate as soon as the same is received.
(8) If any employer has falsely claimed the benefit of deemed registration and has displayed such a self-certificate under sub-section (7), he shall, on conviction, be punished with an imprisonment of not less than six months and with a fine which may extend to five thousand rupees.
Note: It shall be the duty of an employer to notify to the Inspector, in the prescribed form, of any change in respect of any information contained in his statement under section 4, within fifteen days after the change has taken place. The Inspector shall, on receiving such notice and on being satisfied with its correctness, make the change in the register of establishments and shall amend the registration certificate or issue a fresh registration certificate, if necessary.
The Benefits of Registration of a Shop and/or an Establishment are as follows:
- It will have a legal identity to conduct business with the territory.
- It can avail benefits under various Government schemes.
- It can operate business bank accounts.
What are the Exemptions to the Karnataka Shops and Establishments Act?
- Nothing in this Act shall apply to:
- offices of or under the Central or State Governments or local authorities, except commercial undertakings
- 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
- railway dining cars;
- establishments for the treatment or care of the sick, infirm, or the mentally unfit
- establishments of the Food Corporation of India
- Offices of legal practitioners and medical practitioners in which not more than three persons are employed
- offices of a banking company
- any person employed about the business of any establishment mentioned in all the clauses discussed above
- persons occupying positions of management in any establishment;
- Persons whose work is inherently intermittent such as drivers, care-takers, watch and ward staff, or canvassers
- persons directly engaged in preparatory or complementary work, such as clearing and forwarding clerks responsible for the despatch of goods
2. Nothing contained in section 11 or sub-section (1) of section 12 shall apply to:
- shops dealing mainly in medicines or medical or surgical requisites or appliances
- clubs, residential hotels, boarding houses, hostels attached to schools or colleges, and establishments maintained in boarding schools in connection with the boarding and lodging of pupils and resident-masters
Explanation.—“residential hotel” means any premises in which business is carried on bona fide for the supply of dwelling accommodation and meals on payment of a sum of money to a traveller or any member of the public or class of the public.
Note: Section 11 - Opening and Closing Hours is as follows-
(1) No establishment shall, on any day, be opened earlier than and closed later than such hours as may be fixed by a notification issued by the State Government: Provided that any customer who was being served or was waiting to be served in any establishment at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour.
(2) Before issuing a notification under sub-section (1), the State Government shall hold an enquiry in the prescribed manner.
(3) The State Government may, for the purpose of this section, fix different hours for different establishments or different classes of establishments or for different areas or for different times of the year.
Sub-section 1 of Section 12 - Weekly Holidays is as follows -
Every establishment shall remain closed for one day of the week. The employer shall fix such a date at the beginning of the year, 1 [or within thirty days from the date of commencement of establishments, as the case may be]1 notify it to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the establishment. The employer shall not alter such date more often than once in three months, shall notify the alteration to the Inspector, and shall make the necessary change in the notice in the establishment.
- stalls and refreshment rooms at railway stations, bus stands, ports, or aerodromes
- shops of barbers and hairdressers
- shops dealing mainly in meat, fish, poultry, eggs, dairy produce (except ghee), bread, confectionery, sweets, chocolates, ice, ice cream, cooked food, fruits, flowers, vegetables, or green fodder
- shops dealing in articles required for funerals, burials, or cremations
- shops dealing in pan (betel leaf), pan with beedies or cigarettes, or liquid refreshments sold retail for consumption on the premises
- shops dealing in newspapers or periodicals, editing sections of newspaper offices, and offices of news agencies
- cinemas, theatres, and other places of public entertainment and stalls and refreshment rooms attached to such cinemas, theatres, and places of public entertainment
- establishments for the retail sale of petrol
- shops in regimental institutes, garrison shops, and troop canteens in cantonments;
- Tanneries
- Retail trade carried on at an exhibition or show if such retail trade is subsidiary or ancillary only to the main purpose of the exhibition or show
- oil-mills and flour mills not registered under the Factories Act, of 1948
- brick and lime kilns
- Commercial establishments engaged in the manufacture of bronze and brass utensils so far as it is confined to the process of melting in furnaces
- Information Technology Establishments
- Information Technology enabling services or establishments
- Bio-Technology and Research Centres or establishments of epidemic and other diseases.
3. Notwithstanding anything contained in sub-section (1) or sub-section (2), the State Government may by notification declare that any establishment or person specified therein shall not be exempt from the operation of such provisions of this Act as may be specified in the notification and that the provisions of this Act specified in such notification shall apply to such establishment or person.
4.The State Government may, by notification, exempt establishments where the nature of work is-
(i) intermittent, or
(ii) seasonal, or
(iii) for a short duration, not exceeding two months, and it is difficult to enforce the provisions of this Act,
-from all or any of the provisions of this Act subject to such conditions as may be specified in the notification.
Compliances as under Karnataka Shops and Establishments Act
- Form A - Combined Application for Registration / Renewal / Report Change of Information
- Form B - Register of Establishment
- Form C - Registration Certificate of Establishments
- Form E - Notice
- Form F - Register of Leave with Wages
- Form H - Leave with Wages Book
- Form J - Leave Details
- Form P - Notice of Holiday
- Form Q - Appointment Order
- Form R - Permission to allow women to work after 8 PM
- Form T - Combined Muster Roll cum Register of Wages
- Form U - Combined Annual Return
Form R: Permission to Allow Women to Work after 8 PM
No woman or young person should be obliged to work or be permitted to work in any establishment throughout the night, whether as an employee or otherwise. A member of an exempt establishment's employer must submit the paperwork to the relevant Deputy Labour Commissioner for review and approval.
Any changes to the information provided in Form R must be reported by the employer within 15 days.
The purpose of Form R is to ensure the safety and well-being of female employees who work in shops and establishments during late hours. The form requires the employer to provide details of the female employee, the nature of work, the location of the establishment or shop, and the reason for seeking permission to work beyond 8 PM. It is important for employers to obtain Form R to avoid legal action and penalties for violating the provisions of the Karnataka Shops and Establishments Act.
The State Government may, by notification, exempt any Information Technology establishment or Information Technology-enabled service from the requirements of this section relating to the employment of women at night, provided that the establishment provides facilities for transportation and security to such women employees as well as any other condition that may be specified in the notification.
Following the request, the employer is given approval in Form S by the Deputy Labour Commissioner.
FORM R
[See Rule 24-B 9(1)]
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1 |
Name and address of the Establishment: |
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2 |
Name and
address of the Employer/Director : |
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3 |
Postal address for communication: |
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4 |
Total number of employees |
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a |
Men |
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b |
Women |
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Total |
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5 |
Particulars of Women
Employees who are willing nto
work during night
shifts |
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Sl. No |
Name and residential address of the
Women employee |
Nature of work |
Mode of transportation provided |
Whether security will be provided at work
place |
Remarks |
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6 |
Any other information employer may also wish to furnish. |
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Place: ________________________ Date:_________________________
Signature of the Employer:__________________________
FAQs related to Form R: Permission to Allow Women to Work after 8 PM
- What is Form R?
Form R is a document that allows women to work in establishments and shops after 8 PM in compliance with the Karnataka Shops and Establishments Act.
- Who can apply for Form R?
The employer of an establishment or shop can apply for Form R on behalf of their female employees.
- Is it mandatory to obtain Form R?
Yes, it is mandatory for employers to obtain Form R if they wish to allow their female employees to work beyond 8 PM.
- What are the requirements for obtaining Form R?
The employer must provide details of the female employee, the nature of work, the location of the establishment or shop, and the reason for seeking permission to work beyond 8 PM.
- How long is Form R valid for?
Form R is valid for one year from the date of issue.
- Can Form R be renewed?
Yes, Form R can be renewed by submitting a new application before the expiration of the current one.
- What happens if an employer does not obtain Form R?
The employer may be subject to legal action and penalties if they allow their female employees to work beyond 8 PM without obtaining Form R.
- Are there any exceptions to the requirement for Form R?
Yes, there are certain exceptions for establishments or shops that operate primarily during night hours, such as hospitals or movie theaters.
- Can male employees also work beyond 8 PM?
Yes, male employees are allowed to work beyond 8 PM without obtaining Form R.
- Who should I contact if I have questions or need assistance with obtaining Form R?
Employers can contact the Labor Department of Karnataka or consult with a legal professional for assistance with obtaining Form R.
How can Deskera Help You with Form R?
Deskera is a cloud-based software that offers a variety of solutions to manage business operations.
With regards to Form R Permission to Allow Women to Work After 8 PM of Karnataka Shops and Establishments Act, Deskera People can assist in the following ways:
- Compliance Management: Deskera can help businesses stay compliant with regulations and laws like the Karnataka Shops and Establishments Act. Deskera can track deadlines, generate reports, and send notifications for Form R renewal and submission.
- Record Keeping: Deskera can keep track of all Form R applications and approvals in a centralized database. This will allow businesses to access and maintain accurate records of Form R submissions and renewals.
- Automated Processes: Deskera can automate the Form R submission and approval process. This will save time and reduce the risk of human error. Deskera can automatically remind businesses about the Form R renewal deadline and create an approval workflow for submitting the form.
- E-Signatures: Deskera can enable electronic signatures for Form R submission and approval. This will reduce the time required for physical signatures and streamline the process.
Key Takeaways
Form R is a form created under the Karnataka Shops and Establishments Act, 1961. It is a permission form that allows women to work after 8 pm. The form must be signed by the employer and the woman employee and must be sent to the labour department for approval. The form must also include details of the working hours and the nature of the job that the woman will be performing after 8 pm.
Deskera People can help businesses with Form R: Permission to Allow Women to Work After 8 PM of Karnataka Shops and Establishments Act by providing compliance management, record keeping, automated processes, and e-signatures.
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Damini Chandankar
Deskera Content Team
RVJ
Deskera Content Team
RVJ
Damini Chandankar
