Shops & Establishment Act of Punjab & Haryana

Shops & Establishment Act of Punjab & Haryana

Section 1 of The Punjab Shops and Commercial Establishment Act, 1958 provides for short title, its territorial jurisdiction, date of commencement and its application

Short Title, extent, commencement and application: This Act may be called Punjab shops and Commercial Establishments Act, 1958.

# The short title may not be taken into account in constructing a statue, though it stands in the body of the statue.
# It shall come into force on such date as Government may, by notification in the official gazette, appoint in this behalf.
# The object of the short title of an Act is identification and not description.
# It shall apply in the first instance to the areas specified in the schedule, but the Government may by notification direct that it shall also apply to such other area on such date as may be specified in the notification.
# Areas to which the Act applies in the first instance:

District	Name of Local Area
1. Ambala	Ambala Cantt, Ambala City, Naraingarh, sadhaura, Shahzadpur, Yamunanagar, Jagadhari, {Ropar, Kurali, Kharar, morinda, Chandigarh, Manimajar” Chhachrauli, Kalka}.
2. { **}	1. { **}
3. Karnal	Karnal, Panipat, Kaithal, Thanesar, Shahabad, Ladwa, Radaur, Samalkha, Weavers Colony, G.T. Road, Panipat.
4. Hissar	Hissar, Bhiwani, Sirsa, Hansi, Mandi Dabawali, Fathhabad
5. Gurgaon	Gurgaon Cantonment, Rewari, Palwal, Ballabhgarh, nuh, Hodel, Ferozepur-Jhirka, Faridabad, Sohna, New Industrial Town Faridabad.
6. Rohtak	Rohtak, Sonepat, Bahadur Garh, Gohana, Jhajjar, Beri
7.to15 {***}	{ ***}
16. Jind 17. Mohindergar	1. Jind 1. Narnaul, 2. Dadri

Forms of Intimation Under Section 10 of The Act:
Intimation under Clause (i) of Sub- Section (2) of Section 10[3] of the Act shall be sent by the employer in Form A to the Inspector within whose local limits the establishment is situated: Provided that such intimation need not be an employer within established no employee is working.

# If an employer referred to under the proviso to sub-rule (1) employs in his establishment any person at any subsequent time, he shall send the intimation in Form A to the Inspector within one week of the employment of such person.

FORM A

Intimation Under Section 10 (2) (i) of

The Punjab Shops And Commercial Establishment Act, 1958

(RULE 3 of The Punjab Shops and Commercial Establishment Act 1958)

To

The Inspector of Shops and
Commercial Establishments Circle
--------------------------------------
I hereby furnish the following information which is correct to the best my Knowledge. The working hours and the periods of interval of the persons employed in my establishment are fixed below and shall take effect from (DATE)………………….

Name of the employee and father’s name or husbands name	Working hours From	Working Hours To	Interval for rest From	Interval for rest To
1	2	3	4	5
Young Person
1……………
2……………
3…………..
4…………..
Other Person
1…………..
2…………..
3……………
4……………
5……………

(Sd)…………………….

Name and Parentage of Employer

With Full Address…………………………

Registration of Establishments Under Section 13:
It Compulsory for every employer to get his establishment registered under the Act by making the application in the prescribed from accompanied by the prescribed fee. On having been satisfied about the correctness of the particulars contained in the application Form and the amount fee, the authority is required to register the establishment. Under Rule 13(1) of the Punjab Shops and Commercial Establishment Rules, 1958 Inspector of the area is the designated authority for registration. The fee is charged for registration of certain categories of shops or establishment as specified in Rule 13 of Punjab and Shops Commercial Etablishment Rules, 1958.

The period specified in Sub – Section 3, the employer of every establishment shall send to the prescribed authority concerned a statement in the prescribed and containing:

(a) the name of the employer and the manager, if any;
(b) postal address of the establishment;
(c) the name, if any, of the establishment;
(d) number of persons employed
(e) Such other particulars as may be prescribed.

The Correctness of the statement, register the establishment in the register of establishment in such a manner as may be prescribed and shall issue in a prescribed form a registration certificate to the employer. Within 30 days from the date mentioned in column 2 below in respect of the establishment in column 1, the statement together with the prescribed fee shall be sent to the prescribed authority under Sub – Section 1.

ESTABLISHMENT	DATE FROM WHICH THE PERIOD OF 30 DAYS IS TO COMMENCE
Establishment existing in areas to which this Act applies or where this Act is extended.	The date on which the Act comes into force or the date on which is the Act is extended, as the case may be.
New establishment in such areas.	The date on which the establishment commence its work.

A statement required under Section 13 of the Act for registration of an establishment or its renewal shall be submitted by the employer to the Inspector of the area within whose Jurisdiction the establishment is situated in triplicate in Form F, along with requisite registration/renewal fee prescribed hereunder for different categories of establishment:-

Sr.	Types of establishment	Registration for 3 years.	Fee	Renewal for each block of 3 years.
1	Starred hotels, nursing homes, cinema house, privately managed educational institutions, private colleges including medical colleges, petrol pumps, banks, insurance companies and financial institutions.		RS.10,000	RS.10,000
2	Workshops, automobiles service station not covered under factories Act, computer training centers, shorthand and type institution health and fitness clubs, clinics and medical laboratories and restaurants, un-stared hotels, all shops (excluding dhabas and halwais) employing 10 employees or more.		RS.5000	RS. 5000
3	Shops and Commercial establishment (excluding dhabas and halwais) not covered under the above two categories and employing less than 10 employees. Shops and Commercial owned and managed by the shopkeepers himself and not employing any employee.		Nil	Nil

Then there will be a statement which is to be fulfilled and it’s performing under below:-

FORM F

Statement For Registration of Establishment under Section 13

Of The Punjab Shops and Commercial Establishment Act, 1958

(RULE 13 of The Punjab Shops and Commercial Establishment Rules, 1958)

To
The Inspector of Shops and
Commercial Establishment
…………………..Circle.

I hereby submit this statement for the registration/renewal of my establishment for the year ………
The information furnished hereunder is correct tio the best of my knowledge furnished hereunder is correct to the best of my knwledge.
# Name and parentage………………………………….
# Name of Manager If Any …………………………….
# Name of the Establishment…………………………..
# Full Postal Address of The Establishment……………………………

# Nature of Business…………………………………
# No. of Employees, If Any……………………………
# Yong Person…………………………………..
# Other Person…………………………………………
# No. of Date of Previous Registration Certificate Surrenderd………………………
# Date…………………………………………………………………………

Signatory of Employer

( To Be Filled By the Authority)

R. No……………………. The Establishment Mentioned Above Is hereby registered till 31 March………………….

Inspector,
Shops And Commercial Establishment
Date:……………………………………………………Circle

The Inspector, after scrutiny of the statement and if found in order, shall issue or renew the registration certificate, as the case may be, as required under clause (i) of Sub – Section (2) of Section 13 of the Act in the same form within 30 days of the receipt of the statement by him.

Maintainance of Registers :
The employer of every establishment about the business which person are employed shall maintain the following registers, namely:-
v A registers of employees in Form C ;
v A register of wages of employees in Form D; and
v A registers of deduction in Form E

The Form c, Form D, Form E. are under below where it’s easy to understand the working:

FORM C
Registers of Employees
( Rule of the Punjab Shops And Establishment Act, 1958)

Name of Establishment……………………………………………………………………………………………………..
Year and Month ………………………………………………………………………………………………………………
Name of Employees……………………………………………………………………………………………………………
Fathers/Husband’s Name……………………………………………………..Age…………………………………….
Nature of Work…………………………………………………………………………………………………………….
Whether employed on Daily, Monthly, Contract or Piece- Rate Wages, with rate…………..Date of Appointment……………………………………………………….

Spread-Over	Intervals for rest and meals	Total Working Hours	Over Time	Leave Signature of
From TO / Total	From To/ Total		From To/ Total Duration/ Date Of Leave / Date of Grant	Remuneration Remarks/ Employer/Employee
1.
2.

FORM D
Register of Wages of Employees
( Rule 5 of The Punjab Shops and Commercial Establishment Rules, 1958)

Name of Employee and Fathers name or Husbands Name……………………………………………….

Month………………..Year………………..Wages Fixed………………………………………………………..

Arrears from last month	Wages Due	Deduction as shown in Register	Advances made on date	Payments made	Signature of Employee	Signature of Employer	Remarks
Wages Earned during the month	Ordinary Overtime
		Total Balance		Stamp

FORM E
Register of Deductions
( Rule 5 of The Punjab and Commercial Establishment Rules, 1958)

Name of the Etablishment…………………………..Year ………………….Acts and omission approved by the auhtorities…………………………………………………

Serial No	Name of the Employee	Parentage	Wages Period	Wages Payable	Amount Deducted	Fault for which Deductions made	Date of Deduction
1	2	3	4	5	6	7	8
Whether employee showed cause against deduction	Amount of Deduction	Date of Utilization	Balance with the Employer	Signature of Employee	Signature of the Employer	Remarks	Remarks
9.	10.	11.	12.	13.	14.	15.	16.

Language In Which Records And Registers Are To Be Kept:

Every register, form or record required to be maintained or furnished under the Act, and these rules shall be in [4]{English and Hindi and all entries therein shall be in legibly made in ink.

# Every such register shall be duly bound and page-marked in serial number.
# Every such register shall be signed by the employer and the Inspector concerned.[5]

All registers and records required to be maintained under the Act and these rules shall be preserved by the employer for a period of [6]{three years} to be calculated from the date to which such records or registers relate

Health & Safety:
The Premises of every establishment shall be:-
# Kept Clean and Free from accumulation of dirt and refuse;
#Kept-sufficiently lighted during all working hours;
# white wash and varnished at least once in a year

In every Establishment proper arrangements shall be made for providing sufficient supply of drinking water to the persons employed in the establishment.
# The water so supplied shall be fit for human consumption and shall be stored in a sheltered place and kept properly covered.

Every dangerous part of machinery in an establishment shall be securely fenced by safeguards of substantial construction which shall be kept in position while the parts of machinery they are fencing are in motion or in use.

In every Establishment, where manufacturing process is carried on which the Aid of electric power, suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained.

No employee with loose fitting clothes on shall be allowed or made to work near the moving machinery or belt and the tight clothes for the purpose will be provided by the employer.

Precaution in Case of Fire:
Every Establishment shall be provided with adequate means of escape in case of fire.
# In every establishment the doors affording exit from any room shall not be locked or fastened so that they cannot be easily and immediately opened from inside while any person is within the room.

# In every Establishment buckets/Chemical fire extinguishers shall be provided in suitable number and at suitable sites according to the nature of work carried on and the size of the premises.

Welfare:
In every Establishment a First-Aid Box with the following contents shall be maintained:-
v Six medium sterilized dressing;
v Six 2-1/2” bandages;
v One ounce bottle containing 2 percent alcoholic iodine;
v One ounce bottle containing selvolatile having the close and mode of administration indicated on the label;
v One pair of scissors;
v One tube of burnol;
v One ounce olive oil to be used as eye drops;

Period For Supplying Information Required By Inspector:
Any Information or Document required by the Inspector for carrying out the purposes of the Act and these rules shall be furnished to him by the employer of every establishment within one week from the date on which such requisition is received by the employer.

BIBLIOGRAPHY
· http://tlo2.tlc.state.tx.us/statutes
· http://www.zjs-online.com/dat/artikel/2008_6_122.pdf
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[1] Entry 2 relating to District and local area Shimla omitted by Haryana Adaption of laws order, 1968.
[2] Entry 7-15 relating to District and Local areas against it omitted by Haryana Adaption of Laws order, 1968.
[3] The employer of an establishment shall in the prescribed form intimate to the prescribed authority { working hours, the day in a week referred to in Clause (b) of section 11} and the period of intervals of the employed person within fifteen days of the date of registration of the establishment.
[4] Substituted by Haryana Government Notification No. GSR 18/PA 15/58/S.34/72, dated 28/2/1972
[5] Sub-Rule (3) added by Haryana Government Notification, ibid.
[6] Substituted for the words “two years” by Haryana Government Notification, ibid.

The author can be reached at: aamit@legalserviceindia.com