Delhi Shops & Establishments Registration Consultant

Delhi Shops and Establishments Act

Question.1 What is the object of the Delhi Shops & Establishments Act ? Answer The object of Delhi Shops and Establishments Act, 1954, is to give some minimum benefits and relief to the vast unorganized sector of employees, employed in Shops and Establishments. Industrial Dispute Act 1947, and Delhi Shops & Establishments. Act, 1954 are supplemental to each other.

Question.2 What is the area where Delhi Shops and Establishments Act 1954 is applicable ?  Answer This Act is applicable to all Shops and Establishments in the whole of the National Capital Territory of Delhi. Question.3 What is the set up for enforcement of this Act ?  Answer 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 who function under the supervision and control of Dy./ Asstt. Labour Commissioners of the concerned district. Chief Inspector functions under the supervision of Dy. Labour Commissioners (CIS) who in turn functions under the supervision of LC. Question.4 Whether Registration is mandatory under the Act ? Answer Yes, Registration is mandatory under the Act. Question.5 What are the opening and closing hours of Shops and Establishments in Delhi ?  Answer 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 is this behalf (S.15). Question.6 What are the rest and closed day.  Answer Every Shops and Establishments shall remain closed for one day in a week. Question.7 Could any Shop or Establishment be opened on a rest or closed day ?  Answer Yes, by giving a 24 hours advance notice to the Chief Inspector. (S.16 (3) (ii)) Question.8 What are the working hours for employees of shops or establishments?  Answer 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?  Answer 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 ?  Answer Not for mere 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 ?  Answer Section 4 of the Act provides for grant of exemptions from certain provisions of the Act. (e.g. Section 14, 15 & 16) with the approval of Lt. Governer subject to conditions as may be prescribed.  Question.12 What are the records and registers etc to be maintained by every Shops or Establishments ?  Answer The occupier of every Shops or Establishments 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?  Answer 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 employers ?  Answer 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 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 ?  Answer Every person employed in an establishment shall be entitled (a) to 15 days of privilege leave for one year of service, which can be accumulated to 45 days. (b) To 12 days of sickness or casual in an year. (Section.22) Question.16 Whether children are permitted to work in Shops or Establishments ?  Answer No, children of 12 years and below are prohibited to work in shops under (Sec. 12) Question.17 Whether double employment is permissible under the Act ?  Answer Double employment is prohibited under Section 9 of the act. Question.18 Can a women employee be required to work during night shift ?  Answer No woman or a young person can be required to work, whether as an employee otherwise in any establishment between 9 P.M. to 7 A.M during summer season and between 8 P.M. to 8 A.M during winter season. Question.19 What is the provision of availing privilege leave ?  Answer 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 ?  Answer 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 Whether an employer is liable to pay compensation if an employee suffers injuries or is subject to fatal accident ?  Answer The provisions of workman's compensation Act 1923, have been made applicable to every establishment covered under the Act. Question.22 Whether an employer is bound to maintain some records pertaining to the employees ?  Answer Yes, the employer is bond to maintain records and display notices as provided under section 33 of the Act and Rule 14.

Summary of Main provisions under the Delhi Shops and Establishment Act and the Rules

Sl. No. Provision Section/Rule Remarks 1 Set up of CIS Section Section.36/17 This section is headed by DLC (CIS), Chief Inspector of Shops and Labour Inspector(Shops). The Labour Inspectors are posted in 9 Districts, each district is headed by DLC/ALC/LO 2 Registration of Shops and Establishments Section 5 Not required since kept in abeyance w.e.f. 23.11.89 3 Closed Day Section 16 One day in a week 4 Opening and Closing hours Section 15 No shop or commercial establishment be opened earlier than such hour or closed later than as may be prescribed i.e. 9.00 AM and 7.00 PM in winter, 9.30 AM to 7.30 PM in summer and 8.00 AM to 6.00 PM for establishment. 5 Appointment letters Section 34 On appointment/joining of the job 6 Working hours Section 8 48 hours a week or 9 hours a day 7 Compulsory rest Section 10 Half an hour after 5 hours of work 8 Spread over of working hours including rest Section 11 12 hours in shops and 10 and a half hours in an establishment 9 Restriction on working of women/Young person Section 14 In summer 9.00 PM to 7.00AM and in winter 8.00 PM to 9.00AM 10 Earned/privileged leave Section 22 15 days 11 Accumulation of earned leave Section 22 45 days 12 Casual/sick leave Section 22 12 days 13 Intimation in writing for availing earned leave Rule 10 15 days in advance 14 Availing of casual/sick leave Rule 10 As soon as possible 15 Payment of wages Section 19 7th of the following month 16 Wages for holidays of a piece rated employee A piece rated employee is also entitled to the average of the wages received by him during the previous month. 17 Payment of wages Section 19(4) The wages are to be paid in cash 18 Cleanliness Section 25 The premises of every establishment shall be kept clean. 19 Employment of children (12 years and below) Section 12 No child shall be allowed to work whether as an employee or otherwise in any establishment.

Govt. Of National Capital Territory of Delhi, 5 Sham Nath Marg, DELHI.

District Dated

1 Name of the Establishment 2 Address 3 Nature of activity of Business 4 i. Name of proprietor / partner / Directors/occupiers ii. Whether Registered under Factories Act, 1948 Yes No 5 No. of workmen/employees employed Regular Daily Wages Piece Rate i. No of Male ii. No .of Female iii. Total 6 Category of employees/workmen & their nos. i. Unskilled ii. Semi-skilled iii. Skilled vi. Supervisor v. Managerial 7 Whether contractual workmen employed Yes No i. No. of Contract Labour employed ii. Name & address of the contractor iii. Whether Licence obtained under Contract Labour (Regulation & Abolition) Act, 1970. Yes No iv. Whether principal employer has obtained registration certificate under Contract Labour (Regulation & Abolition) Act, 1970. Yes No 8 Whether following statutory records are maintained. i. Appointment letter issued Yes No ii. Wages Register Yes No iii. Attendance Register/card, Yes No iv. Wage slip Yes No v. O.T. Register Yes No vi. Leave Card Yes No vii. Fine Register Yes No viii. Whether Leave book/leave card beingmaintained Yes No 9 Coverage of employees under ESIC 1948. if applicable, if employing more than 10 workers. Yes No 10 Coverage of employees under EPF & MPA 1952, if applicable. If employing more than 20 workers Yes No 11 Whether Register A. B. C under Payment of Bonus Act, 1965 is maintained Yes No 12 Whether Register maintained by the occupier u/s 11 of Child Labour (R&A) Act, 1986. Yes No 13 Whether abstract of Minimum Wages Act. 1948, displayed Yes No 14 Potential No. of workers assessed on the basis of machines installed, area of the factory, packaging needs and no. of shifts. Yes No 15 Remarks, if any.

Name & Sign of Inspector Name & Sign of Occupier / Proprietor/partner/Director/ Manager/Employees

Ozg Registration, Approval & Licensing