Registration and Responsibility Under Delhi Shops Act, 1954 (The ‘Act‘) Read With Delhi Shops And Establishment Rules, 1954 (The ‘Rules‘)
The scope of this write up will cover:
1. Who requires registration under Registration and Responsibility Under Delhi Shops Act, 1954
2. Basic responsibilities of the Occupier w.r.t the Registration and Responsibility Under Delhi Shops Act, 1954
3. Method of registration under the Registration and Responsibility Under Delhi Shops Act, 1954.
|S.NO||PARTICULARS||WHAT LAW SAYS|
|1.||What does this Act says?||This Act is to amend and consolidate the law relating to the regulation of hours of work, payment of wages, leave, holidays, terms of service and other conditions of work of persons employed in shops, commercial establishments, establishments for public entertainment or amusement and other establishments and to provide for certain matters connected therewith.|
|2.||Who requires registration?||It shall apply to all establishments, unless otherwise exempted. The Act defines establishment as:
”Establishment” means a shop, a commercial establishment, residential hotel, restaurant, eating-house, theatre or other places of public amusement or entertainment to which this Act applies and includes such other establishment as Government may, by notification in the Official Gazette, declare to be an establishment for the purpose of this Act”.
|3.||Any exemption under the Act?||As per the Act
”Notwithstanding anything contained in this Act, the provisions of this Act mentioned in the third column of the Schedule shall not apply to the establishment, employees and other persons mentioned against them in the second column of the said Schedule: Provided that the Government, may, by notification published in the Official Gazette, add to, omit or alter any of the entries of the said Schedule, and on the publication of such notification, the entries in either column of the said Schedule shall be deemed to be amended accordingly”.
|4.||When to register?||Within 90 days from the commencement of the Act or the date of commencement of establishment’s work:
The occupier of every establishment shall send to the Chief Inspector a statement in a prescribed form, together with such fees as may be prescribed, containing.
|5.||Duties of Occupier after registration.||The registration certificate shall be prominently displayed at the establishment and shall be renewed at such intervals as may be prescribed in this respect.|
|6.||Changes to be communicated to the Chief Inspector.||Within 30 days from any change in the particulars of the Certificate, the occupier shall notify it to the Chief Inspector on a prescribed form.
After inspecting, a fresh certificate will be issued.
|7.||Employment of Adults, hours of work||No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly: Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed, any adult employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that the aggregate hours so worked shall not exceed 150 hours in a year.|
|8.||Restriction on double employment||No person shall work about the business of an establishment or two or more establishments or an establishment and a factory in excess of the period during which he may be lawfully employed under this Act.|
|9.||Interval for rest and meals||1. The period of work of an adult employee in an establishment each day shall be so fixed that no period of continuous work shall exceed five hours and that no employee shall be required or allowed to work for more than five hours before he had an interval for rest and meals of at least half an hour.
2. The time for such interval shall be fixed by the employer and intimated to the Chief Inspector a week before such fixation and shall remain operative for a period of not less than three months.
|11.||Prohibition on employment of children||
|12.||Opening and Closing hours||No shop or commercial establishment on any day be opened earlier than such hour or closed later than such hour as declared by the government.|
|13.||Close day||Every shops and Commercial establishment shall remain closed on close days.|
|14.||Period of rest (weekly holiday)||Every employee shall be allowed at least twenty-four consecutive hours of rest (weekly holiday) in every week. No deduction shall be made from the wages of any employee on account of close day.|
|15.||Time and condition of payment of wages||• No wage period so fixed shall exceed one month
• The wages of every employee in any shop or establishment shall be paid on a working day before the expiry of the seventh day of the last day of the wage period in respect of which the wages are payable.
• Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated
|16.||Leaves||Every person employed in an establishment shall be entitled:
i. After every 12 months continuous employment – Privileged leave for a period not less than fifteen days.
ii. Sickness or casual leave – for a period not less than twelve days.
a. Completed four months continuous service – shall be allowed not less than 5 privilege leaves, and
b. One month continuous service – not less than one day casual leave for every month.
|17.||Safety and Hygiene duties||Every occupier shall fulfill his/her duties towards:
• Lighting and Ventilation.
• Precautions against fire
• Accident – Provisions of Workmen Compensation Act shall apply.
|18.||Notice of dismissal||• No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one months’ notice in writing or wages in lieu of such notice.
• No employee who has put in 3 months’ continuous service shall terminate his employment unless he has given to his employer a notice, of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.
|19.||Records||The occupier of shop or commercial establishment keep exhibited in the shop or establishment a notice setting forth the close day.
The occupier of shop or commercial establishment keep a record of the hours worked and the amount of leave taken by, and of the intervals allowed for rest and meals to, every person employed about the business of the shop or establishment, and particulars of all employment overtime shall be separately entered in the record.
The occupier of any shop or establishment, about the business of which persons are employed, keep exhibited in the shop or establishment notices setting forth the number of hours in the week during which persons may in accordance with the provisions of this Act be employed about the business of a shop or establishment and such other particulars as may be prescribed.
*Refer Rule 14 of the Shops and Establishment Rules, 1954
|20.||Employer to furnish letters of appointment to employees||The employer shall furnish every employee with a letter of appointment Such letters of appointment shall contain information like name, postal address, father’s name, age of the employee, the hours of work, date of appointment etc.|
|METHOD OF REGISTRATION|
|Step. 1||Submission of application for registration.||Occupier shall send to the Chief Inspection statement in ‘Form A‘ along with prescribed fee.|
|Step. 2||Manner of registering establishments and form of registration certificate.||On receipt of the statement and the fees prescribed, the Chief Inspector shall, on being satisfied about the correctness of the statement, register the establishment in ‘Register of Establishments’ in Form “B” and shall issue a registration certificate in Form ‘C’ to the occupier of the establishment.|