Shops And Establishment Act - Shop And Establishment [Thread 293757]

Krishan Kapoor
I need to get our office registered under shops and establishment act in Delhi.
can someone inform me the process how to go ahead about it.
rajanassociates
Dear
Pls see Office Of The Labour Commissioner
The FAQ portion says :
Question.4 Whether Registration is mandatory under the Act ?
Answer :Yes, Registration was mandatory under the Act prior to 23.11.1989 since when the same has been kept in abeyance.
Pls have it checked out.
rajanassociates
Krishan Kapoor
I checked the Delhi Government's site, following are the details, but no clear messge with regrad to 'kept under abeyance':-

Question.1 What is the object of the Delhi Shops & Establishments Act ?

Answer The object of Delhi Shops and Establishments Act, 1954, is to give some minimum benefits and relief to the vast unorganized sector of employees, employed in Shops and Establishments. Industrial Dispute Act 1947, and Delhi Shops & Establishments. Act, 1954 are supplemental to each other.



Question.2 What is the area where Delhi Shops and Establishments Act 1954 is applicable ?

Answer This Act is applicable to all Shops and Establishments in the whole of the National Capital Territory of Delhi.

Question.3 What is the set up for enforcement of this Act ?

Answer The Act is enforced through the Chief Inspector of Shops (CIS) and various inspectors under the Act, who are posted in nine districts of the capital who function under the supervision and control of Dy./ Asstt. Labour Commissioners of the concerned district. Chief Inspector functions under the supervision of Dy. Labour Commissioners (CIS) who in turn functions under the supervision of LC.

Question.4 Whether Registration is mandatory under the Act ?

Answer Yes, Registration was mandatory under the Act prior to 23.11.1989 since when the same has been kept in abeyance.



Question.5 What are the opening and closing hours of Shops and Establishments in Delhi ?

Answer No Shops or Establishment on any day, can be opened earlier than such hour or closed later than such hour, as may be fixed by the Government by general or special order is this behalf (S.15).



Question.6 What are the rest and closed day.

Answer Every Shops and Establishments shall remain closed for one day in a week.



Question.7 Could any Shop or Establishment be opened on a rest or closed day ?

Answer Yes, by giving a 24 hours advance notice to the Chief Inspector. (S.16 (3) (ii))



Question.8 What are the working hours for employees of shops or establishments?

Answer For not more than nine hours on any day or 48 hours in any week. (Section 8 )



Question.9 What is the period or interval for rest and meals?

Answer No period of continuous work shall exceed five hours, which is to be followed by an interval for rest and meals of at least half an hour for an adult person. (Section .10)



Question.10 What are the hours of work of young persons employed in Shops and Establishments ?

Answer Not for mere than 6 hours a day and not to be employed continuously for more than 3 ½ hours without an interval of at least half an hour.



Question.11 What are the provisions regarding exemptions under this Act ?

Answer Section 4 of the Act provides for grant of exemptions from certain provisions of the Act. (e.g. Section 14, 15 & 16) with the approval of Lt. Governer subject to conditions as may be prescribed. (Application Form for Exemption)



Question.12 What are the records and registers etc to be maintained by every Shops or Establishments ?

Answer The occupier of every Shops or Establishments shall for the purpose of this Act maintain such other records and registers and display such other notices as may be prescribed. (Section 33 )



Question.13 What are the legal provisions regarding the issuance of appointment letters?

Answer The employer shall furnish every employee with a letter of appointment which shall contain particulars such as (a) name of the employer (b) name and address of the establishment (c) the name, father's name and age of the employee (d) Hours of work (e) date of appointment.



Question.14 What are the time and conditions for payment of wages to employers ?

Answer Every employer or his agent or the manager of any establishment shall fix periods of wages payable to the employees, which shall not exceed one month. The wages of a wage period must be paid before the expiry of seventh day of the last day of the wage period.



Question.15 What are the different types of leave available to an employee under the Act ?

Answer Every person employed in an establishment shall be entitled

(a) to 15 days of privilege leave for one year of service, which can be accumulated to 45 days.

(b) To 12 days of sickness or casual in an year. (Section.22)



Question.16 Whether children are permitted to work in Shops or Establishments ?

Answer No, children of 12 years and below are prohibited to work in shops under (Sec. 12)



Question.17 Whether double employment is permissible under the Act ?

Answer Double employment is prohibited under Section 9 of the act.



Question.18 Can a women employee be required to work during night shift ?

Answer No woman or a young person can be required to work, whether as an employee otherwise in any establishment between 9 P.M. to 7 A.M during summer season and between 8 P.M. to 8 A.M during winter season.



Question.19 What is the provision of availing privilege leave ?

Answer An employee has to apply in writing to the employer, indicating in advance, the date from which he would like to avail privilege leave 15 days in advance.



Question.20 Is there any legal obligation for keeping the premises clean ?

Answer The premises of every establishment shall be kept clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such time and by such methods prescribed under Rule 11 of the Act.



Question.21 Whether an employer is liable to pay compensation if an employee suffers injuries or is subject to fatal accident ?

Answer The provisions of workman's compensation Act 1923, have been made applicable to every establishment covered under the Act.



Question.22 Whether an employer is bound to maintain some records pertaining to the employees ?

Answer Yes, the employer is bond to maintain records and display notices as provided under section 33 of the Act and Rule 14.
R.N.Khola
Dear Member,
This is to inform you that Govt. of Delhi have again made it compulsory to have registration of the shops & establishment under the Delhi Shops & Establishment Act. Now the system of on-line registration of shops is prevalent in Delhi. For more details you can contact the office of Labour Commissioner, Delhi on their land line No. 23951115. The contact No of Chief Inspector of Shops is 23928918.You can also approach the nearest labour office of your area to have more details on the subject.
With Regards,
R.N.Khola


www.skylarkassociates.com/
essykkr
vide notification dated 24/11/2009 the govt of Delhi had made it mandatory that all shop & Commerical Establishment owner should register their establishment under Delhi Shop & Commercial Establishment. and after this notification non registration attract penal provions. Hope will stisfy.
n_ljr
Dear seniors,
can you post the necessary informations for tamilnadu state?
L j rajagopalan
lakshmi enterprises
9840489783
Krishan Kapoor
After registration any returns to be filed or any compliance to be adhered to.
Kindly advise.
essykkr
you need to display Certificate and maintaine all records & registers as per the Act & Rules. Shop inspector can inspect any time.
anupam_iimtsharma
Pls hire a consultancy as it is a very hectic task and after taking the R.c. U are required to get the renewal after fiver years and after every six month when the wages get changed u are required to get it displayed in Form 11
jagan3110
Dear Mr Khola,
What are the papers /documents of office building are required, for getting registration under shop & Est Act of Delhi.
Regards
Jagan
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