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.
From India, New Delhi
From India, New Delhi
Please see [Office Of the Labour Commissioner](http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Shops+and+Establishments+Inspectorate/). 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.
Please have it checked out.
Regards,
Rajan Associates
From India, Bangalore
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.
Please have it checked out.
Regards,
Rajan Associates
From India, Bangalore
I checked the Delhi Government's site. Following are the details, but there is no clear message with regard to 'kept under abeyance':-
Question 1: What is the object of the Delhi Shops & Establishments Act?
The object of the Delhi Shops and Establishments Act, 1954, is to provide some minimum benefits and relief to the vast unorganized sector of employees employed in Shops and Establishments. The Industrial Dispute Act 1947 and the Delhi Shops & Establishments Act, 1954 are supplemental to each other.
Question 2: What is the area where the Delhi Shops and Establishments Act 1954 is applicable?
This Act is applicable to all Shops and Establishments in the whole of the National Capital Territory of Delhi.
Question 3: What is the setup for enforcement of this Act?
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. They function under the supervision and control of Dy./Asstt. Labour Commissioners of the concerned district. The Chief Inspector functions under the supervision of Dy. Labour Commissioners (CIS), who in turn function under the supervision of LC.
Question 4: Is registration mandatory under the Act?
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?
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 in this behalf (S.15).
Question 6: What are the rest and closed days?
Every Shop and Establishment shall remain closed for one day in a week.
Question 7: Could any Shop or Establishment be opened on a rest or closed day?
Yes, by giving a 24-hour advance notice to the Chief Inspector. (S.16 (3) (ii))
Question 8: What are the working hours for employees of shops or establishments?
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?
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?
Not for more 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?
Section 4 of the Act provides for the grant of exemptions from certain provisions of the Act (e.g., Section 14, 15 & 16) with the approval of the Lt. Governor, 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 Shop or Establishment?
The occupier of every Shop or Establishment 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?
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 employees?
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 the 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?
Every person employed in an establishment shall be entitled to:
- 15 days of privilege leave for one year of service, which can be accumulated to 45 days.
- 12 days of sickness or casual leave in a year. (Section 22)
Question 16: Are children permitted to work in Shops or Establishments?
No, children of 12 years and below are prohibited to work in shops under (Sec. 12).
Question 17: Is double employment permissible under the Act?
Double employment is prohibited under Section 9 of the Act.
Question 18: Can a woman employee be required to work during the night shift?
No woman or young person can be required to work, whether as an employee or otherwise, in any establishment between 9 P.M. to 7 A.M. during the summer season and between 8 P.M. to 8 A.M. during the winter season.
Question 19: What is the provision for availing privilege leave?
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?
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: Is an employer liable to pay compensation if an employee suffers injuries or is subject to a fatal accident?
The provisions of the Workman's Compensation Act 1923 have been made applicable to every establishment covered under the Act.
Question 22: Is an employer bound to maintain some records pertaining to the employees?
Yes, the employer is bound to maintain records and display notices as provided under Section 33 of the Act and Rule 14.
From India, New Delhi
Question 1: What is the object of the Delhi Shops & Establishments Act?
The object of the Delhi Shops and Establishments Act, 1954, is to provide some minimum benefits and relief to the vast unorganized sector of employees employed in Shops and Establishments. The Industrial Dispute Act 1947 and the Delhi Shops & Establishments Act, 1954 are supplemental to each other.
Question 2: What is the area where the Delhi Shops and Establishments Act 1954 is applicable?
This Act is applicable to all Shops and Establishments in the whole of the National Capital Territory of Delhi.
Question 3: What is the setup for enforcement of this Act?
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. They function under the supervision and control of Dy./Asstt. Labour Commissioners of the concerned district. The Chief Inspector functions under the supervision of Dy. Labour Commissioners (CIS), who in turn function under the supervision of LC.
Question 4: Is registration mandatory under the Act?
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?
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 in this behalf (S.15).
Question 6: What are the rest and closed days?
Every Shop and Establishment shall remain closed for one day in a week.
Question 7: Could any Shop or Establishment be opened on a rest or closed day?
Yes, by giving a 24-hour advance notice to the Chief Inspector. (S.16 (3) (ii))
Question 8: What are the working hours for employees of shops or establishments?
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?
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?
Not for more 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?
Section 4 of the Act provides for the grant of exemptions from certain provisions of the Act (e.g., Section 14, 15 & 16) with the approval of the Lt. Governor, 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 Shop or Establishment?
The occupier of every Shop or Establishment 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?
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 employees?
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 the 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?
Every person employed in an establishment shall be entitled to:
- 15 days of privilege leave for one year of service, which can be accumulated to 45 days.
- 12 days of sickness or casual leave in a year. (Section 22)
Question 16: Are children permitted to work in Shops or Establishments?
No, children of 12 years and below are prohibited to work in shops under (Sec. 12).
Question 17: Is double employment permissible under the Act?
Double employment is prohibited under Section 9 of the Act.
Question 18: Can a woman employee be required to work during the night shift?
No woman or young person can be required to work, whether as an employee or otherwise, in any establishment between 9 P.M. to 7 A.M. during the summer season and between 8 P.M. to 8 A.M. during the winter season.
Question 19: What is the provision for availing privilege leave?
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?
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: Is an employer liable to pay compensation if an employee suffers injuries or is subject to a fatal accident?
The provisions of the Workman's Compensation Act 1923 have been made applicable to every establishment covered under the Act.
Question 22: Is an employer bound to maintain some records pertaining to the employees?
Yes, the employer is bound to maintain records and display notices as provided under Section 33 of the Act and Rule 14.
From India, New Delhi
Important Update on Delhi Shops and Establishment Registration
This is to inform you that the Government of Delhi has again made it compulsory to register shops and establishments under the Delhi Shops and Establishment Act. The system of online registration of shops is now prevalent in Delhi. For more details, you can contact the office of the Labour Commissioner, Delhi, at their landline number [Phone Number Removed For Privacy Reasons]. The contact number of the Chief Inspector of Shops is [Phone Number Removed For Privacy Reasons]. You can also approach the nearest labour office in your area for more information on the subject.
With Regards,
R.N.Khola
www.skylarkassociates.com
From India, Delhi
This is to inform you that the Government of Delhi has again made it compulsory to register shops and establishments under the Delhi Shops and Establishment Act. The system of online registration of shops is now prevalent in Delhi. For more details, you can contact the office of the Labour Commissioner, Delhi, at their landline number [Phone Number Removed For Privacy Reasons]. The contact number of the Chief Inspector of Shops is [Phone Number Removed For Privacy Reasons]. You can also approach the nearest labour office in your area for more information on the subject.
With Regards,
R.N.Khola
www.skylarkassociates.com
From India, Delhi
Mandatory Registration Under the Shops and Establishment Act
Please 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. Please have it checked out.
Vide notification dated 24/11/2009, the Government of Delhi made it mandatory that all shop and commercial establishment owners should register their establishment under the Delhi Shop and Commercial Establishment Act. After this notification, non-registration attracts penal provisions. Hope this information satisfies your query.
Regards,
rajanassociates
From India, Delhi
Please 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. Please have it checked out.
Vide notification dated 24/11/2009, the Government of Delhi made it mandatory that all shop and commercial establishment owners should register their establishment under the Delhi Shop and Commercial Establishment Act. After this notification, non-registration attracts penal provisions. Hope this information satisfies your query.
Regards,
rajanassociates
From India, Delhi
After registration any returns to be filed or any compliance to be adhered to. Kindly advise.
From India, New Delhi
From India, New Delhi
you need to display Certificate and maintaine all records & registers as per the Act & Rules. Shop inspector can inspect any time.
From India, Delhi
From India, Delhi
Please hire a consultancy as it is a very hectic task. After obtaining the RC, you are required to get the renewal after five years. Additionally, every six months when the wages change, you are required to display it in Form 11.
From India, Gurgaon
From India, Gurgaon
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