The Law Department, Kerala, (Department) has in a notification dated November 9, 2020 issued the Kerala Shops and Commercial Establishments (Amendment) Ordinance, 2020 to further amend the Kerala Shops and Commercial Establishments Act, 1960.
The Ordinance is effective immediately and has been issued in light of certain circumstances which in the opinion of the Governor of Kerala required immediate action and also in view of the fact that the State Legislative Assembly is not in session at present.
The Amendments brought in by the Ordinance are detailed below.
| Original Position | Amendment as per Ordinance | Implication |
| Section 5A
Registration of establishments.— (1) The employer of every establishment shall make an application to such authority as the Government may by notification in the Gazette, specify in this behalf (in this Chapter referred to as the “competent authority”), in such form and on payment of such fees as may be prescribed, for a registration certificate in respect of that establishment. …………………… (6)An application for the renewal of a registration certificate granted under this Act shall be made at least thirty days before the expiry of the period thereof, on payment of such fees as may be prescribed and where such an application has been made, the registration certificate shall be deemed to continue notwithstanding the expiry of the period thereof until the renewal of the registration certificate or as the case may be, rejection of the application for the renewal thereof.
(7)The competent authority shall not grant or renew a registration certificate unless it is satisfied that the provisions of this Act and the rules made thereunder have been substantially complied with.
(8)The competent authority may after giving the holder of a registration certificate granted or renewed under this Act, an opportunity of being heard, by order cancel or suspend the registration certificate, if it appears to it that such registration certificate has been obtained by mis-representation or fraud or that the employer has contravened or failed to comply with any of the provisions of this Act or the rules made thereunder. |
Section 5A
Registration of establishments.— (1) The employer of every establishment shall make an application through Labour Commissionerate Automation System to such authority as the Government may by notification in the Gazette, specify in this behalf (in this Chapter referred to as the “competent authority”), in such form and on payment of such fees as may be prescribed, for a registration certificate in respect of that establishment. …………………… (6) An application for the renewal of a registration certificate granted under this Act shall be made at least thirty days before the expiry of the period thereof and on payment of such fees, as may be prescribed through Labour Commissionerate Automation System, the registration certificate shall be renewed automatically.
(7) Omitted
(8)The competent authority may after giving the holder of a registration certificate granted or renewed through Labour Commissionerate Automation System under this Act, an opportunity of being heard, by order cancel or suspend the registration certificate, if it appears to it that such registration certificate has been obtained by mis-representation or fraud or that the employer has contravened or failed to comply with any of the provisions of this Act or the rules made thereunder. |
The Ordinance has incorporated the Labour Commissionerate Automation System* by virtue of which the application procedure for registration has now become automated.
Further, the procedure of renewal of license will also become automated and going forward, the renewal can be done 30 days before the expiry of the registration and on payment of fees through Labour Commissionerate Automation System. Once this is done, the registration would automatically be renewed.
The Fees in this regard would also be prescribed through the Labour Commissionerate Automation System itself. |
*The ordinance defines the Labour Commissionerate Automation System as “software owned and operated by the Labour Department to cater end to end solutions to the employers, employees and labour administrators.”
Source : Law Department, Kerala
