Navigating the Haryana Shops and Establishment Act: Where Can I Find the Requirements?

Dear Friends,

We are an IPR law firm based in Gurgaon. This firm consists of around 50 lawyers who are on full-time retainership and approximately 70 permanent employees.

I would like to know the requirements as per the Haryana Shops and Establishment Act. Also, please let me know where I can access a copy of the Haryana Shops and Establishment Act.

Looking forward to hearing from you.

Dear All,

I am attaching the copy of the Act. Hope this will help you.

Thank you, Rajiv. That was very useful. Does a service provider in Gurgaon need to register under the Shop & Establishment Act? The same is not required in Delhi.

I have a question... Does the Haryana Shop and Establishment Act work the same as that of other states?

We are opening up a huge fitness sector in Gurgaon and we want to keep it open 365 days. Do we need to take some permission from the government for that? Here, generally, the malls and shops are closed on Tuesday. Please help.

Very urgent.

Email: sikhacelebfit@gmail.com

Dear Surjyasikhadas,

The Punjab Shop & Commercial Establishment Act is applicable to Punjab & Haryana.

Dear all,

We, a service provider, opened a new branch in Haryana with less than 10 employees and want to register under the Haryana Shops and Establishment Act. Please let us know the procedure for registration, the registration fee for the category of 10 employees, and the contact phone numbers of the labor office in Haryana.

This is very urgent. Please revert back soon.

Prasad Mathew

Dear Matthew,

The labor department in Gurgaon is located in the Mini Secretariat near the Court. You have to personally visit there and meet the concerned person in your area.

Thank you.

Hi,

I am following this thread religiously and thank you all for the valuable information. We are a service provider and have two offices in Gurgaon. The office I am in is a year old, and I want its registration done. Do we need to pay any penalty for the last one year?

Please reply.

Thanks,
Raul.

Hi,

I am following this thread religiously and thank you all for the valuable information. We are a service provider and have two offices in Gurgaon. The office I am in is a year old, and I want its registration done. Do we need to pay any penalty for the last year?

Please reply.

Thanks,
Raul.

Dear Raul,

In Haryana, Labour Inspectors are functioning in the capacity of Shop Inspectors who are the Registering Authority in their jurisdiction. The Labour Office is situated at Mini Secretariat, Gurgaon. Registration papers/files can be obtained from Nand Book Stall, Sadar Bazar. If you are employing 10 or more employees, a fee of 5000/- will also need to be deposited. You may contact the area Inspector for further information in the matter.

Regards,
R.N.Khola

Skylark Associates, Gurgaon
09810405361

Dear Rajiv,

Where is it written that it applies to the state of Haryana as well? And where are the schedules to it? If you could, please.

Thank you.

Dear Naresh,

It is hereby clarified that all labor laws enacted before 1996 in joint Punjab were being adopted by Haryana State, which came into existence on 01.11.1966 by Haryana Adoption of Laws Order, 1968. Thus, this law is applicable to both the states, including that of UT Chandigarh. It is also hereby informed that before utilizing this Act for a shop or commercial establishment in Haryana, first, have information on the latest amendments made by the Haryana government, then utilize this Act given in this post. For your query on the schedule, you may ask Mr. Rajiv.

Regards,
R.N. Khola

(Labor Law & Legal Consultants)
09810405361

Hey,

I have a small query: Is the Shops & Establishment Act applicable to non-profit organizations? If yes, in which states?

If possible, could you provide some documents regarding it?

Regards, Rohit

Dear Rohit,

I have given my opinion on this query on the thread of "Forms, Formats & Questionnaires".

Regards,
R.N.Khola

(Labour Law & Legal Consultants)
09810405361

Legal Requirements, Rules & Regulations

Hi, I am trying to open a shop in a commercial complex located in Gurgaon. I am not aware of the legal requirements, rules, and regulations of Gurgaon under the "Haryana Shops and Establishment Act." I have tried to look up information but have been unable to find any document or webpage on the same. Can someone please guide me on this?

Regards, Prashant Sudhakar

Dear Prashant Sudhakar,
In Haryana we do not have any Act in the name of ‘Haryana Shops and Establishment Act ‘. The name of the Shops Act which we are to follow in Haryana is ‘The Punjab Shops & Commercial Establishment Act, 1958'. As you have specified that you are going to open a shop in Gurgaon & for this you can have shop act registration papers file from the Nand Book Stall, Sadr Bazar, Gurgaon. Submit these papers with the Labour Inspector of the area which are empowered to register the Shops & Commercial Establishments in Haryana along with fees if any. The Punjab Shop Act is also available on this shop.
Submitted as requested.
Regards,
R.N.Khola

Hello Everyone,

Our company is a US-based MNC located in Gurgaon. We have just a small workforce of 10 employees on our payroll. I wanted to inquire whether we are required to comply with the rules and regulations outlined in the Punjab Shop and Establishment Act. As of now, we have not completed the registration process. Do we need to initiate the registration procedure?

Thanks & Regards

Dear,

Of course, the Punjab Shops & Commercial Establishment Act, 1958, as applicable to the State of Haryana, is also applicable to establishments that do not have any employees. Therefore, ensure to register your establishment under this Act and comply with other provisions as well. You may contact your area Labour Inspector, who is the registering officer under this Act.

Regards,

R.N. Khola

Mr. Khola, I wanted to check a small thing. If we have a manpower of just 7 as of now and we started our operations from June 09, do we have to pay the sum of INR 5000 or not? Please reply soon.

Thanks!

Mr. Khola, I wanted to check a small thing. If we have a manpower of just 7 as of now and we started our operations from June 09, do we have to pay the sum of INR 5000 or not? Please reply soon. Thanks!

Dear,

When you have read Rule 13(1) of the Punjab Shops & Commercial Establishment Rules, then you have also gone through section 13(3) of this Act wherein you must have read that we are to apply for registration within 30 days of commencement of our work. We are to apply to the Shops Inspector for registration with prescribed fees. It means that he may prosecute if you are found employing 10 or more employees. If he could not trace this, then you may get this registration under this Act without the deposit of fees.

Submitted as requested.

Regards,
R.N.Khola

Whether a company carrying out construction and real estate business in Haryana and registered under the Companies Act is required to be registered under the Punjab Shops and Commercial Establishments Act, 1958. If yes, then in which category would it fall for the purpose of the registration fee.

Dear,

According to me, a construction site does not fall within the ambit of the definition of a shop or commercial establishment as this cannot be stated as premises where any business, trade, or profession is carried on. However, if you have an office located outside the construction site, then you will be covered under the definition of a 'Shop' under the Punjab Shops & Commercial Establishment Act, 1958, as applicable to the State of Haryana.

Opinion submitted as requested.

R.N.Khola

Hi,

Please help me in getting the information related to registration under the Shops and Establishment Act in Haryana. I kindly request guidance as I have limited knowledge in this area.

Thank you,
Vidhi Gola

Dear Vidhi,

You may approach the office of your area Labour Inspector for registration of your establishment as in Haryana area Labour Inspectors are declared as the registering officer under the Punjab Shops & Commercial Establishment Act, 1958 as applicable to the state of Haryana.

R.N.Khola

We are putting in place a call center in Gurgaon, and the employees' shifts will be 4 days per week, 12 hours per day. For the Statutory Holidays, would the employees be entitled to a paid holiday equivalent to a normal 8-hour working day, or would they be entitled to a paid holiday for their average working day (12 hours)?

For the Paid leave, our current terms and conditions letter provides for 15 days or 120 hours of paid leave. Would we be expected to provide 15 days of leave for 12 hours per day (the employees' average workday), or would it be acceptable to continue to provide 120 hours of paid annual leave?

Dear,

You are working in Gurgaon (Haryana) and you are therefore required to follow the Punjab Shops and Commercial Establishment Act, 1958 as applicable to the State of Haryana along with other labor laws. However, after reviewing your statement, it appears that you are not complying with this Act by making employees work for more than the specified maximum working hours per day, thus violating section 7 of this Act. Additionally, you are not granting Annual Leave with wages to your employees as mandated by section 14 of this Act. Therefore, you are advised to familiarize yourself with the Punjab Shops Act, 1958 and operate your establishment in accordance with the relevant laws.

Opinions and comments submitted as requested and based on observations from your query.

With Regards,

R.N.Khola

Hello sir,

Could you please clarify whether corporate offices are also covered under the Punjab Shops & Commercial Establishment Act, 1958?

Thanks

Dear Sir,

Can we register a Kerala-based Chit Fund Company under the Shop and Establishment Act in Faridabad and operate in Kerala? If yes, what are the procedures?

With regards,
T.M. Alexander

Mr. Rajeev,

Is there any circular of the Shop Act that allows shopkeepers to open on Sundays under the Shop Act? I have a shop; can I open my shop on Sunday after Shop Act registration under the Punjab & Haryana Shops and Establishment Act? Please send me a reply with full details. If you have any circular regarding this, please send.

Mr. Rajeev,

Is there any circular of Shop Act which allows shopkeepers to open on Sundays under the Shop Act? I have a shop; can I open my shop on Sunday after Shop Act registration under the Punjab & Haryana Shops and Establishment Act? Please send me a reply with full details. If you have any circular regarding this, please send.

Thanks

Dear Member,

Please contact your area Shops Inspector for registration and a copy of the notification if your shop is situated in Haryana State. After online registration, you will be allowed to open your shop on all days.

Regards,
R.N.Khola

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Mr. Rajeev,

Is there any circular of the Shop Act that allows shopkeepers to open on Sundays under the Shop Act? I have a shop; can I open it on Sundays after shop act registration under the Punjab & Haryana Shops and Establishment Act? Please send me a reply with full details. If you have any circular regarding this, please send.

Thanks

Dear All,

How many registers need to be maintained under the Shops and Establishment Act in Haryana? Could you kindly provide the list of registers in Excel format?

Regards,
Naga

Dear Sir,

Which documents are required for shops and establishments in Haryana including Form Number and Demand Draft Details?

Thanks and Regards,

Randhir Singh
9811058899

Dear,

While granting exemption from the operation of Sec. 30 (women working after 8 PM) of the Punjab Shops Act, 1958 as applicable to the state of Haryana, the Government of Haryana imposes certain conditions, including transportation facility with a security guard.

R N KHOLA