The Punjab Shops and Commercial Establishments Rules, 1958
Published vide Punjab Notification No. 6089/5544-C-Lab-58, dated 13th May 1958
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- Short title.- These rules may be called the Punjab Shops and Commercial Establishments Rules, 1958.
- Definitions.- In these rules, unless there is anything repugnant in the subject or context, -
(a) "Act" means the Punjab Shops and Commercial Establishments Act, 1958;
(b) "Chief Inspector" means the Chief Inspector of Shops and Commercial Establishments, Punjab;
(c) "Form" means a form appended to these rules;
(d) "Inspector" means an inspecting officer appointed under section 19 of the Act.
[2A. Further conditions in respect of young persons. - Subject to the provisions of section 6 of the Act, the period of work of a young person in an establishment shall be so fixed that, inclusive of his interval for rest, the spread over shall not be more than seven hours a day.]
- Form of intimation under section 10 of the Act.- (1) An intimation under clause (i) of sub-section (2) of section 10 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 sent by an employer within whose establishment no employee is working.
(2) If any 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 of notice under section 20(1) of the Act.- The notice under sub-section (1) of section 20 of the Act to be exhibited by the employer in his establishment shall be in Form B.
- Maintenance of registers.- The employer of every establishment about the business of which persons are employed shall maintain the following registers, namely :-
(1) a register of employees in Form C;
(2) a register of wages of employees in Form D; and
(3) a register of deductions in Form E.
- Language, etc. in which records and registers are to be kept.- (1) Every register, Form or record required to be maintained or furnished under the Act and these rules shall be in English and Punjabi and all entries therein shall be legibly made in ink.
(2) Every such register shall be duly bound and page-marked in serial number.
[(3) Every such register shall be signed by the employer and the inspector concerned.]
- Preservation or records, etc.- All registers and records required to be maintained under the Act and these rules shall be preserved by the employer for a period of two years [three years]to be calculated from the date to which such records or registers relate.
- Payment of overtime.- The payment in respect of overtime shall be made by the employer to an employee on the next pay day under section 16 of the Act.
- Utilization of fines imposed on employees.- Acts and omissions on the part of employees for purposes of imposition of fine and the manner in which the amount of fine so imposed is to be utilised as laid down in section 8 of the Payment of Wages Act, 1936, shall be approved by the Chief Inspector on an application duly made by the employer in that behalf.
- Powers of Inspector.- For carrying out the purposes of the Act an Inspect may-
(i) cause to be taken a photograph of any employee or the premises of any establishment; and
(ii) call for any information, document or record, and obtain a copy thereof or take into possession any register, Form, document or record maintained under the Act and these rules.
- Condition under section 24 of the Act.- Omitted vide Punjab Govt. No. 251/P.A.15/58/Section 34/Amd (2)/64 dated 16.11.64.
- Maternity benefit.- (1) The maternity benefit payable to a woman under section 31 of the Act shall be at the rate of her average daily wages earned during the three months immediately before the period of six weeks preceding the day of her delivery.
[(2) The payment of maternity benefit accruing to a woman employer shall be made to her after one week from the date of demand after delivery. If the employer fails to make the payment within the said period he shall pay her an additional amount at the rate of 50 percentum of maternity benefits as penalty.]
(3) The amount payable to a woman employee as maternity benefit in accordance with the foregoing rules shall for the purposes of its recovery be deemed to be a part of her wages illegally withheld.
- Registration.- [(1) 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 establishments :-
| Sr.No. | Type of establishment | Registration fee for first three years | Renewal fee for each block of three years. | |
| 1 | 2 | 3 | 4 | |
| 1. | Starred Hotels, Nursing Homes, Cinema Houses, 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 Stations, not covered under Factories Act, Computer training Centres, Shorthand and type Institutions, health and fitness clubs, Clinic and Medical Laboratories and Restaurants, unstarred hotels, all shops (excluding Dhabas and Halwais) employing 10 employees or more). | Rs. 5,000 | Rs. 5,000 | |
| 3. | Shops and commercial establishments (excluding Dhabas and Halwais) not covered under the above two categories and employing less than 10 employees | Nil | Nil | |
| 4. | Shops and commercial establishments owned and managed by the shopkeeper himself and not employing any employee. | Nil | Nil |
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 :
Provided that all those establishments in whose case a registration certificate has already been issued and is valid on the date of the publication of this notification shall also remit the requisite fee on the scale prescribed above, to the Inspector of the area in which the establishment falls, within 90 days of the publication of this notification.]
(2) The notice about any change as required under sub-section (4) of section 13 shall be given to the Inspector referred to in sub-rule (1) in Form G and the registration certificate shall be sent along with such notice.
(3) The registration certificate shall be returned by the Inspector to the employer[after making the necessary amendment therein, within 15 days of the receipt of the notice referred to in sub-rule (2).]
(4) A register of establishments in Form H shall be maintained in the office of the Inspector.
(5) The notice of closing the establishment as required under sub-section (5) of section 13 shall be given by the employer to the Inspector within whose area the establishment is situated.
[14. Authority competent to prosecute. - A prosecution under this Act may be instituted on a complaint in writing before a Court of competent jurisdiction by the Chief Inspector of Shops. Or of the labour officer concerned by any Inspector or by the employee concerned.]
- Condition for grant of exemption.- No application for the grant of an exemption under section 28 of the Act shall be entertained unless received by Chief Inspector within one month before the date of commencement of the period in respect of which the exemption is required.
[(2) Any exemption to be granted under Section 28 of the Act shall be subject to the following conditions, namely :-
(i) the total number of hours of work in any establishment shall not exceed ten on any one day;
(ii) the spread-over inclusive of intervals for rest in any establishment shall not exceed twelve hours on any one day;
(iii) the total number of hours of over-time work shall not exceed sixty in any one quarter and the person employed for over-time work shall be paid remuneration at double the rate of normal wages, payable to him, calculated by the hours; and
(iv) no woman shall be required or allowed to work whether as an employee or otherwise in any establishment during the hours from 8.00 p.m. to 6.00 a.m.
[Provided that nothing contained in clause (iv) shall be applicable to a woman working in Information Technology establishments, Information Technology enabled establishments, Banking establishments, [Three star or above hotels] and hundred percent exports oriented establishments.]
Explanation. - For the purpose of this rule 'Quarter' means a period of three consecutive months beginning on the 1st day of January, the 1st day of April, the 1st day of July or the 1st day of October.]
- Health.- (1) The premises of every establishment shall be -
(i) kept clean and free from accumulation of dirt and refuse;
(ii) kept sufficiently lighted during all working hours;
(iii) properly ventilated so as to permit sufficient air and light into the premises;
(iv) white-washed and varnished at least once in a year and notice indicating the date of last white-washing and varnishing shall be exhibited in the premises.
(2) Where the floor of an establishment is liable to become wet in the course of any manufacturing process effective means of drainage shall be provided and maintained.
(3) 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.
(4) The employer of every establishment will provide and maintain at a convenient place at least one spitoon in a clean and hygienic condition with a disinfectant in it which may be liquid or sand covered with lime. The disinfectant shall be replaced daily.
(5) In every establishment which is a workshop or in which articles are produced, adapted or manufactured with a view to their use, transport or sale, adequate washing facilities shall be provided and maintained for the use of employees such as soap, towel, nail brush, etc.
(6) In every establishment in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such nature and to such an extent as is likely to be injurious or offensive to the persons working therein or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in the premises and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.
(7) No stationary internal combustion engine shall be operated in any establishment unless exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be injurious to the employees working in the establishment.
- Safety.- (1) Every dangerous part of a machinery in an establishment shall be security fenced by safeguards of substantial construction which shall be kept in position while the parts of machinery they are fincing are in motion or in use.
(2) In every establishment, where manufacturing process is carried on with the aid of electric power, suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained.
(3) No employee with loose fitting clothes on shall be allowed or made to work near the moving machinery or belt and the tight fitting clothes for the purpose will be provided by the employer.
[17A. Protection of eyes. - The employer shall provide suitable goggles for the protection of eyes of the employees engaged on or in the immediate vicinity of, the manufacturing process which is in any way open to :-
(a) risk to injury to the eyes from particles or fragments thrown off in the course of the process;
(b) risk to the eyes by reason of exposure to excessive light.]
- Precautions in case of fire.- (1) Every establishment shall be provided with adequate means of escape in case of fire.
(2) In every establishment the doors affording exit from any room shall not be locked or fastened so that they can be easily and immediately opened from inside while any person is within the room.
(3) In every establishment buckets and/or 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.- (1) in every establishment a first-aid box with the following contents shall be maintained -
(1) six medium sterilized dressings;
(2) six 2-½" bandages;
(3) one ounce bottle containing 2 per cent alcoholic iodine;
(4) one ounce bottle containing selvolatile having the dose and mode of administration indicated on the label;
(5) one paid or scissors;
(6) one tube of Burnol;
(7) one ounce olive oil to be used as eye drops;
(8) one roll of sticking plaster;
(9) one copy of the first-aid leaflet issued by the Chief Inspector.
(2) The employer of every establishment, where smoke is produced in the course of carrying out its business, will take effective measures to exhaust out the smoke in order to safeguard the health of the persons employed in the premises.
(3) The employer of every establishment where food, drink and beverage is served to the customers will have all the persons employed in connection with the business of the establishment including the employer, medically examined at least once in a year by certifying surgeon or by doctor incharge of civil dispensary, where certifying surgeon is not available. A certificate in Form 1 to the effect that the person so examined is free from communicable diseases shall be obtained and produced before the inspector on demand :
Provided that if an employee shifts to another concern before the expiry of one year from the date of medical examination, it will not be necessary for him to get a fresh medical certificate and a copy of the certificate already issued will be considered sufficient for the purposes of these rules.
- Application of rules 16, 17, [17A], 18 and 19.- Rules 16, 17, [17A], 18 and 19 shall apply to those establishments only in which persons are employed by the employer.
- Power of Chief Inspector to decide the adequacy of measures.- (1) If any dispute arises with regard to the adequacy of the measures adopted in accordance with rules 16, 17, [17A], 18 and 19 it shall be referred to the Chief Inspector whose decision shall, subject to the provision of sub-rule (2), be final.
(2) An appeal shall lie against the decision of the Chief Inspector in respect of matters specified in sub-rules (6) and (7) of rule 16 and [ - ] rule 17 to the Labour Commissioner, [Haryana] within a period of one month from the date on which decision of the Chief Inspector is received by the employee.
[Explanation. - 'Dispute' means any difference of opinion between an employer or an employee and the Inspector under the Act.]
- [Period for supplying information required by Inspector.- Any information or document required by the Inspector for carrying out the purpose 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.]
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 Establishments Rules, 1958)
To
The Inspector of Shops and
Commercial Establishments,
Circle _________________.
I hereby furnish the following information which is correct to the best of my knowledge.
The working hours and the periods of interval of the person employed in my establishment are fixed below and shall take effect from (date) ________
| Name of the employee and father's name *[or husband's name] | Working Hours | Interval for rest | |||
| From | To | From | To | ||
| 1 | 2 | 3 | |||
| Young persons | |||||
| 1. 2. 3. 4. | |||||
| Other persons | |||||
| 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. | |||||
(Sd.)_______________
Name and Parentage of employer with full address
* Added by Punjab Government Notification No. G.S.R. 257/P.A. 15/58/Section 34/Amd (2)/64, dated the 16th November, 1964.
Form B
Notice to be exhibited under section 20(1) of the Shops and Commercial Establishments Act, 1958
(Rule 4 of the Punjab Shops and Commercial Establishments Rules, 1958)
- Close day, if any _____________Year____________
- Opening hour of the Establishment ______________Closing hour of the Establishment _______________
- Name and Parentage of the Employer ______________________
- Name of the Manager, if any _____________________________
- Name of the establishment _______________________________
- Nature of business ______________________________________
- Full Address.
| 8. Name of the employee and father's name *[or husband's name] | Working Hours | Interval for rest | Weekly off days | ||||||
| From | To | From | To | ||||||
| 1 | 2 | 3 | 4 | ||||||
| Young persons | |||||||||
| 1. 2. 3. 4. | |||||||||
| Other persons | |||||||||
| 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. | |||||||||
- Date of declaration _________________
- Inspections by authorities ______________
Signature of the employer (Name and Full Address)
* Inserted by Punjab Government Notification No. G.S.R. 557/P.4 15/58/Section 34/ Amd. (2)/64, dated the 16th November, 1964.
Form C
Register of Employees
(Rule 5 of the Punjab Shops and Commercial Establishments Rules, 1958)
Name of establishment ________________Year and month__________
Name of the employee_____________Father's /Husband's name __________ Age ______________Nature of work ______________
Whether employed on daily, monthly, contract or piece-rate wages, with rate _____________Date of appointment________________
| Spread-Over Date | Interval of rest and Meals | Total working hours | Over time | Leave | Signature of | ||||||||||
| From | To | Total | From | To | Total | From | To | Total | Remuneration | Duration Date of due | Date of application grant | Remarks | Employer | Employees | |
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- Total hours of over-time employment during the month ________________
- Leave availed during the month ________________________________
Note. - If an employee has worked with a previous employer, the hours worked with him may be shown in 'Remarks' column.
Form D
Register of Wages of Employees
(Rule 5 of the Punjab Shops and Commercial Establishments Rules, 1958)
Name of an employee [and father's name or husband's name]______________
Month_____________Year____________ Wages fixed ____________
| Arrears from last month | Wages due | Deduction as shown in Register - E | Advances made on (Date) | Payment made | Signature of employee | Signature of Employer | Remarks | |
| Wage earned during the month | Ordinary Overtime | |||||||
| Total Balance carried over | ||||||||
| Stamp | ||||||||
Form E
Register of Deductions
(Rule 5 of the Punjab Shops and Commercial Establishments Rules, 1958)
Name of the establishment ___________________Year_______________Acts and omission approved by the authorities __________________
| Serial No. | Name of employer | Parentage | Wage period | Wages payable | Amount deducted | Fault for which deduction made | Date of deduction |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Whether employee showed cause against deduction | Amount of deduction and purpose for which utilised | Date of utilisation | Balance with employer | Signature of employee | Signature of employer | Remarks |
| 9 | 10 | 11 | 12 | 13 | 14 | 15 |
Form F
Statement for Registration of Establishment under section 13 of the Punjab Shops and Commercial Establishments Act, 1958
(Rule 13 of the Punjab Shops and Commercial Establishments Rules, 1958)
To
The Inspector of Shops and
Commercial Establishments
____________Circle.
I hereby submit this statement for the registration/renewal of my establishment for the year __________________. The information furnished hereunder is correct to the best of my knowledge.
- Name and parentage of employer______________________
- Name of manager, if any ____________________________
- Name of the establishment ___________________________
- Full postal address of the establishment _________________
- Nature of Business _________________________________
- No. of employees, if any : Young persons _______________
Other persons ________________
- No. and date of previous registration certificate surrendered _____________
[7-A. Description of registration renewal fee.]
- Date __________________
Signature of employer
(To be filled in by the authority)
- No._______________. The establishment mentioned above is hereby registered till 31 March, 19
Inspector, Shops and Commercial Establishment _________________Circle
Dated :
Form G
Form of change in respect of information contained in statement required by sub-section (4) of section 13 of the Punjab Shops and Commercial Establishments Act, 1958
(Rule 13 of the Punjab Shops and Commercial Establishments Rules, 1958)
To
The Inspector of Shops and
Commercial Establishments,
Circle________________
I hereby notify that the following change has with effect from _____________(date) taken place in respect of the information relating to my establishment as supplied by me in my statement date ________.
My registration certificate number is _______________dated _____________.
(Here mention the change) _______________________ _______________________
Dated
(Signature of the employer)
Note :- The change is required under sub-section (4) of section 13 of the Punjab Shops and Commercial Establishments Act, 1958 to be notified by the employer within seven days after the change has taken place.
Form H
Registration of Establishment required under section 13(2)(i) of the Punjab Shops and Commercial Establishment Act, 1958
(Rule 13 of the Punjab Shops and Commercial Establishments Rules, 1958)
Name of Circle __________________Name of Town_______________
| Registration | Number of employees | |||||||
| Serial No. | Date | Name of the employer | Name and address of establishments | Young persons Other persons Total | Date of renewal 1959-60 | Date of renewal of 1960-61 | Date of renewal 1961-62 | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
Form I
[See Rule 19(3) of the Punjab Shops and Commercial Establishments Rules, 1958]
I hereby certify that Shri ___________son of/daughter of _________age_____, resident of __________, district ____________has been thoroughly examined by me and is considered to be free from any communicable diseases and is fit for being employed in any establishment where food, drink and beverage is served to customers.
His/Her mark of identification_________________
Signature or Thumb-Impression of the person examined.
Date___________
Signature and the designation of the competent medical authority.