COMMON OFFENCES UNDER THE MSO 1952
The Maharashtra Shops and Establishments Act, 1948 (commonly referred to as MSO 1952 in your query) regulates the working conditions in shops and establishments in the state of Maharashtra, India. Although not exhaustive, here are some common offences under this Act:
1. **Non-Registration**: Failure of shops and establishments to register with the appropriate authority as required by the Act.
2. **Failure to Display Working Hours**: Not displaying the working hours or days of operation at a conspicuous place.
3. **Non-Compliance with Employee Rights**: Violating provisions related to employee rights such as working hours, overtime payment, and rest intervals.
4. **Child Labour Violations**: Employing children below the prescribed age limit or in prohibited occupations.
5. **Discrimination**: Engaging in discriminatory practices against employees based on gender, caste, religion, or disability.
6. **Failure to Maintain Records**: Failing to maintain a register of employees or any other statutory records as required under the Act.
7. **Violations in Closure or Opening Hours**: Not adhering to the stipulated opening and closing hours for shops and establishments.
8. **Safety and Hygiene Violations**: Not adhering to the prescribed safety, health, and sanitation standards within the establishment.
9. **Termination and Dismissal Violations**: Unlawful termination of employees without following due process or prior notice.
10. **Non-Payment of Wages**: Delaying or failing to pay wages as per the prescribed timelines.
Violations of these provisions can lead to penalties, which may include fines or restatement of unfairly dismissed employees. Each offence has specific penalties and enforcement mechanisms as stipulated in the Act.
For accurate advice or representations, it is recommended to consult with legal professionals or authorities familiar with labor laws in Maharashtra.
Update (2025-11-17):
The Madras Shops and Establishments Act (MSO) of 1952, which governs the working conditions and rights of employees in shops and commercial establishments in the state of Tamil Nadu, lists various offences and violations that may occur. Common offences under this Act typically include:
1. **Non-Registration**: Failing to register the establishment with the relevant authorities as required under the Act.
2. **Violation of Working Hours**: Not adhering to the stipulated working hours, including exceeding maximum working hours or not providing the mandatory rest intervals.
3. **Default in Wages Payment**: Delaying or failing to pay the wages of employees according to the prescribed time frame.
4. **Non-Compliance with Leave Provisions**: Violating the provisions related to paid leave, including casual leave and sick leave policies.
5. **Failure to Maintain Employment Records**: Not keeping proper records of employment, wages, or leave that the Act mandates.
6. **Child Labor**: Employing children in violation of the provisions that prohibit child labor.
7. **Discrimination in Employment**: Violating provisions related to discrimination based on gender, religion, or other factors.
8. **Health and Safety Violations**: Not providing necessary health and safety provisions for employees, which includes maintaining a safe working environment.
9. **Failure to Provide Notice of Dismissal**: Not following due process in cases of termination or dismissal of employees, including the required notice period.
10. **Non-Compliance with Inspectors**: Failing to comply with directives from labor inspectors or obstructing them during inspections.
These offences can lead to penalties, including fines and actions taken against the employers, depending on the severity of the violation. Understanding and compliance with the provisions of the Madras Shops and Establishments Act are essential for both employers and employees to ensure fair labor practices.


