Shops & Establishment

Purpose & Object

Shops and Establishment Acts have been enacted by the states to regulate conditions of work and to provide for statutory obligations of the employers and rights of the employees in un-organized sector of employment such as shops, commercial establishments, residential hotels, restaurants, eating houses, theatres and other establishments in their jurisdiction.

Applicability

It is applicable to all persons employed in an establishment with or without wages, except the members of the employers’ family.

Salient Features

Provides for compulsory registration of shops / establishments,
Provides for communication of closure of shops / establishments
Lays down the hours of work – per day & week; guidelines for rest interval, opening and closing hours, closed days, national and religious holidays, overtime work
Lays down Rules for employment of children, young persons and women; annual leaves, maternity leaves, sickness and casual leaves; employment and termination of service etc.
Provides for maintenance of statutory registers & records and display of notices
Provides for obligations of employers as well as employees.

Almost all states have enacted their own Shops and Establishment Acts. However, many states have adopted laws of a different state governing Shops & Establishments. The state specific laws dealing with Shops & Establishments are listed herein below:

  • Andhra Pradesh Shops & Establishments Act, 1988
  • Bihar Shops and Establishments Act, 1953
  • Delhi Shops & Establishments Act, 1954
  • Punjab Shops And Commercial Establishments Act, 1958 [Also applicable in Chandigarh & Haryana]v
  • Goa, Daman & Diu Shops and Establishments Act, 1973
  • Bombay Shops & Establishments Act, 1948 [Also applicable in Gujarat]
  • Himachal Pradesh Shops and Commercial Establishments Act, 1969
  • Jharkhand Shops and Establishments Act, 2000
  • Karnataka Shops and Commercial Establishments Acts, 1961
  • Kerala Shops and Commercial Establishments Act, 1960
  • Madhya Pradesh Shops and Establishments Act, 1958
  • Manipur Shops & Establishments Act, 1972
  • Meghalaya Shops & Establishments Act, 2003
  • Nagaland Shops and Establishments Act, 1986
  • Orissa Shops & Commercial Establishments Act, 1956v
  • Rajasthan Shops and Commercial Establishments Act, 1958
  • Sikkim Shops and Commercial Establishments Act, 1983
  • Tamil Nadu Shops and Establishments Act, 1947
  • Tamil Nadu Catering Establishments Act, 1958
  • U. P. Dookan aur Vanijay Adhisthan Adhiniyan, 1962
  • West Bengal Shops and Establishments Act, 1963

EXPERTISE

Services We Offer

We are Labour Law Consultants and at PCS, we provide following services in compliance to the provisions of state specific Shops & Establishments Acts:

  • Providing day to day consultancy on matters pertaining to the Act;
  • Registration of Shops and Establishments under the Act;
  • Correspondence / Liaisoning with concerned authorities under the Act;
  • Assistance to establishments in complying various provisions of the Act related to Display, Notices, Disclosures,
  • Preparation and Maintenance of various Records as prescribed under the Act;
  • Preparation and Maintenance of various Registers like Register of Fines, Register of Deductions, Register of Employment, Register of Wages, records as prescribed under the Act;
  • Replying / Satisfying Show Cause Notices issued by Inspector;
  • Representing Shops / Establishments before Inspector;
  • Assistance to establishments at the time of inspection and search of any Shop / Establishment by the Inspector;
  • Representing establishments at the enquiries conducted by Inspector.