3 significant bills to be moved in Assembly today
Maximum age limit for SEC to stay in office to be raised to 70
Spl Tribunal to discharge functions, powers of Coop Appellate Tribunal
Sanjeev Pargal
JAMMU, Oct 28: The Omar Abdullah Government will on Wednesday introduce a significant bill in the Legislative Assembly titled the Jammu and Kashmir Shops and Establishments (Licensing, Regulation of Employment and Conditions of Service) Bill, 2025 lifting restrictions on working of women during night hours and removing bar on the timing of opening and closing of the shops besides a series of welfare measures for the workers of these establishments in the UT of J&K.
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Besides this, two other bills including the one which will increases age bar of the State Election Commissioner (SEC) to continue in the office from 65 to 70 years have also been listed for introduction in the House tomorrow.
“No women worker shall be discriminated against in matters of recruitment, training, transfers or promotions and wages. The women worker with her consent shall be allowed to working during night shifts in any establishment in which there is adequate protection of their dignity, honour and safety, protection from sexual harassment and transportation from establishment to the doorstep of their residence,’’ said the bill which will be moved in the Legislature by the Minister Incharge Labour and Employment Department
It said that a shop or business establishment may work on all days (24×7) in a week, subject to certain conditions, by a general or special order issued by the Labour Commissioner for a period of one year in the first instance, which shall be further extended on two yearly basis subject to satisfactory implement of the provisions contained in the Act and rules made there under and subject to fulfillment of worker welfare conditions mentioned in the Act.
“The provision of weekly-off shall not apply to certain shops and establishments as may be notified by the Labour Commissioner but this shall not dis-entitle the worker from getting weekly holiday with wages. Every worker shall be entitled to 14 days casual leave with wages in every calendar year,’’ the bill stated.
However, at the same time, the bill proposed that no adult worker shall be required or allowed to work in a shop or establishment for more than 48 hours in a week and eight hours in a day and no 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. But the working hour or weekly rest may be relaxed in case of work of urgent nature with the prior permission of the Assistant Labour Commissioner.
The Government, as per the bill, shall fix the number of hours of work which shall constitute a normal working day for the workers employed in the shop or establishment, inclusive of one or more specified intervals. The rules will provide for a day of rest in every period of seven days which shall be allowed to all workers employed in the shops or establishment and for the payment of remuneration in respect of such days of rest.
“If any worker is required to work on any day in excess of 10 hours with one hour rest and 48 hours in a week, he shall be entitled to wages at the rate of twice his ordinary rate of wages or such higher amount as may be prescribed,’’ the bill stated and added that a worker shall be entitled to eight paid festival holidays in a calendar year including Independence Day, Republic Day, Gandhi Jayanti and five others as may be agreed between employer and workers.
The bill listed health and safety of workers, drinking water, latrines and urinals , crèche facility, first-aid, and canteen as welfare provisions for the workers which will be made by every employer.
“Whoever contravenes the provisions of this Act or the rules made there under shall be punishable with fine which may extend to Rs 50,000 and in the case of continuous contravention, with an additional fine which may extend to Rs 2000 for every day,’’ the bill stated.
It added that every shop and establishment to which the Act applies shall apply for registration within a period of 60 days from the date of commencement of trade or business. However, the registration shall be optional for shops and establishments having less than 20 employees. Shops and business establishments already registered under the provisions of Jammu and Kashmir Shops and Establishment Act, 1966 shall be deemed to have been registered under the provisions of the Act.
Another Bill the Jammu and Kashmir Panchayati Raj (Amendment) Bill, 2025 proposed to increase maximum age limit of the State Election Commissioner (SEC) to stay in the office from present 65 years to 70 years.
“The State Election Commissioner shall hold office as such for a term of five years including the period of his reappointment, if any made, from the date upon which he attains the age of 70 years, whichever is earlier,’’ the bill proposed.
It said in terms of Section 36A of the Jammu and Kashmir Panchayati Raj Act, 1989, the SEC holds office for a term of five years or until attaining the age of 65 years, whichever is earlier. However, it added, a need has arisen to suitably amend this provision to enhance maximum age limit for holding office of the SEC and introduce greater flexibility in certain circumstances.
“For example, in the State of Uttar Pradesh, the SEC holds office till attaining the age of 70 years. A similar provision is proposed to be incorporated into Jammu and Kashmir Panchayati Raj Act,’’ the bill which will be introduced in the Assembly tomorrow by the Minister for Rural Development and Panchayati said, said.
There is no SEC in Jammu and Kashmir since BR Sharma, a senior bureaucrat who also served as the Chief Secretary of the erstwhile State, demitted office in April this year. The SEC is mandated to hold elections to Panchayats, Municipalities, Block Development Councils and District Development Councils.
Third bill scheduled for introduction in the Assembly tomorrow is the Jammu and Kashmir Cooperative Societies (Amendment) Bill, 2025.
The bill enables the Special Tribunal constituted under the J&K Special Tribunal Act, 1988, to discharge functions and powers of the Cooperative Appellate Tribunal as was done earlier vide the H&K Cooperative Societies (Amendment) Act, 2016.
“Establishment of a Cooperative Appellate Tribunal is a statutory requirement under Section 157 of Jammu and Kashmir Cooperative Societies Act, 1989. This Section mandates the Government to constitute one or more such Tribunals to hear appeals and other matters under Act. Rule 63 of the J&K Cooperative Societies Rules, 2001, lays down the qualifications for members of the Tribunal,’’ the bill which will be introduced in the Assembly on Wednesday by the Minister Incharge Cooperative Department, said.
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