Delhi Shops and
Establishments Act
Ozg Registration, Approval & Licensing
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Office Phone # 098.114.156.05-16-
27-60-81-91
Office Hours: Mon - Sat, 10:00 a.m.
- 5:30 p.m. IST
Email: license.consultant@ozg.co.in
| 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. |
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|
| 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. |
|
|
|
|
| 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
Consultant
Back
Office Phone # 098.114.156.05-16-
27-60-81-91
Office Hours: Mon - Sat, 10:00 a.m.
- 5:30 p.m. IST
Email: license.consultant@ozg.co.in
Note: To visit at any Ozg Center, an appointment is
required.
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