Friday, October 6, 2000
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State to amend act to boost infotech sector 

Sanjay Jog  
Mumbai, Oct 5: The Government of Maharashtra, in a bid to encourage further investments in information technology (IT) and software in the state, will amend the Shops & Commercial Establishments Act (1961). An ordinance to this effect will be issued within a week.

Mantralaya sources told The Financial Express that the objective is to exempt the growing IT and software industry from certain sections of this Act that pertain to the duty structure of employees and their timings.

These sources said that such amendments, in addition to various other initiatives, will help increase IT and software exports from Mumbai and other parts of Maharashtra. Nasscom has already identified Mumbai as an e-business capital.

These exemptions will be based on representations made by Infosys chief Narayan Murthy to the prime minister and to Karnataka chief minister SM Krishna on similar issues.

According to section 15, no employee in any establishment shall be required or allowed to work for more than nine hours on any day and 48 hours in any week. The government has accepted the industry's demand that internationally as well as in India, the concept of 'flexi-time' be encouraged. The industry has said that deadlines fixed by global customers have to be met if competitiveness is to be retained. Moreover, no major physical labour or effort is involved in coding.

As per section 16, an employer can engage an employee for five hours at a stretch and thereafter, the employee should be given some rest. The industry said that the period of work of an employee in an establishment each day shall be so fixed that no period shall exceed five hours and that no such person shall work for more than five hours before he/she has had an interval of rest for at least one hour.

The periods of work of an employee in an establishment shall be so fixed that inclusive of his/her interval for rest, they shall not spread over more than 12 hours in any day.

Section 17 deals with payment of overtime to employees for working more than nine hours a day.

However, the industry said that in view of flexi-time, the payment at double the wage rates is not only inappropriate but also wholly unreasonable. Thus, it had stressed on the need for an amendment to this section. Additionally, section 33 bans women employees working between 8.30 pm and 6 am. However, the industry hoped that such restrictions would not apply to IT and software, based again on the concept of flexi-time.

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