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THESHOPS AND
ESTABLISHMENTS ACT,
1953
Jobin Kunjumon Vilapurathu
Asst. Professor, Grace College of
Pharmacy,
Palakkad, Kerala, India
Objectives
To provide statutory obligation and rights
to employees and employers in the
unorganized sector of employment, i.e.,
shops and establishments.
To regulate the conditions of work and
employment in shops, commercial
establishments, residential hotels,
restaurants, eating houses, theatres and
other places of public entertainment.
Scope and Coverage
A state legislation; each state has
framed its own rules for the Act.
Applicable to all persons employed in an
establishment with or without wages,
except the members of the employer's
family.
State government can exempt, either
permanently or for a specified period, any
establishments from all or any provisions
of this Act.
Main Provisions
Compulsory registration of shop/establishment
within thirty days of commencement of work.
Communications of closure of the establishment
within 15 days from the closing of the
establishment.
Lays down the hours of work per day and week.
Lays down guidelines for spread-over, rest
interval, opening and closing hours, closed days,
national and religious holidays, overtime work.
Rules for employment of children, young persons
and women
Lays down the minimum wages to be paid.
Rules for annual leave, maternity leave, sickness and
casual leave, etc.
Rules for employment and termination of service.
Maintenance of registers and records and display of
notices.
Obligations of employers.
Obligations of employees.
Registration of Establishment
 Employers must send a statement in prescribed
form along with prescribed fee to Inspector of
local area, within 30 days of the commencement of
the establishment.
 The statement ‘d contain, i) name of employer or
manager if any; ii) the postal address of the
establishment; iii) category of the establishment;
iv) any other particulars as may be prescribed.
 The establishment may then be registered if the
Inspector id satisfied with the correctness of the
statement and the Certificate of Registration is
issued.
 Certificate of Registration ‘d be prominently
displayed at the premises of the establishment.
6
 Any change in the statement submitted to the
Inspector must be notified in prescribed form
within prescribed form.
 Closing of the establishment must also be notified
to the Inspector within 10 days where upon such
establishment may be removed from the
registration of establishment and registration
certificate is cancelled.
7
Opening and Closing Time
Opening and closing time prescribed under the act are
as follows-
Shops dealing wholly in milks, vegetables, fruits,
fish, bread etc
 Opening : NBF 5.00am Closing: NLT 8.30 pm
Shops dealing in goods other than those prescribed
above
 Opening : NBF 7.00am Closing: NLT 11.00pm
Commercial Establishments
 Opening : NBF 8.30am Closing: NLT 8.30pm
Customer who is being served r waiting to be served
at closing time may be served within 15 min.
8
Working Hours
 No employee is allowed to work MT 9hrs in a day or
for 48 hrs in a week
 An employee may be allowed to work upto 3 hrs a
week over and above this limit and upto 26 hrs or
NMT 6 days in a year for purposes of making of
accounts, stock taking settlements or prescribed
occasions.
 No employee is allowed to work for more than 5 hrs
at a stretch unless he is given rest for half an hour
if in case of commercial establishment engaged in
manufacturing process, and 1 hr in any other cases.
 The spread over of an employee in shop ‘d not
exceed 11 hrs on any day.
9
Closing Day
 Every shop or commercial establishment ‘d remain
closed on any one day of the week. The list of
closing days ‘d be notified to the Inspector and
displayed in the premises of the establishment.
 A shop or establishment may remain open on the
notified closing day provided it remains closed on
any other day of the week and this change ‘d be
notified to the Inspector atleast a week in advance.
 Pharmacists, Chemists and Druggists shops are
exempted from these provisions relating to closing
day.
10
Employment of Children, Young
person and Women
 No Child (LT 14 yrs of age) may be allowed to work
in an establishment
 No young person (LT 17 yrs) is allowed to work in
any establishment for MT 3 hrs in any day unless he
has an interval of rest of atleast half an hour.
 No young person or women is allowed to work before
1.00am and after 7.00 pm in any establishment and
to perform any such work as may be declared by
the State Govt. to be involving danger of life,
health or morale.
11
Health and Safety
 Premises ‘d be clean and free from effluvia arising
from any drain or privy or other nuisance and shall
be cleaned at such times and by such methods as
may be described which may include, lime washing,
color washing, painting, varnishing, disinfecting and
deodorizing.
 Every establishment ‘d be well lighted and ‘d also
provide prescribed precautions against fire.
 A first aid box ‘d be maintained at every
establishment where manufacturing process is
carried out.
12
Leave
 An employee who has worked for NLT 3 months in a
year is allowed for leave NLT 5 days for every 60
days on which he has worked and for a period of
NLT 21 days for every 240 days on which he works
during an year. Such leave may be accumulated for a
maximum of 63 days.
 In addition every employee is entitled to i) casual
leave for 7 days a year; ii) medical leave for 7 days
a year; iii) leave for NMT 4 days a year on any of
national or festival holidays as specified by State
Govt. These leaves are with wages.
13
Wages
 The provisions of payment of Wages Act, 1936 and
the Workmen’s compensation Act, 1932 are
applicable regarding the payment of wages of
employees.
 The wages payment period ‘d be fixed by every
employer and ‘d not exceed one month.
 All wages ‘d be paid in cash within 7 days of expiry
of the wage day.
 Due wages of an employee terminated by an
employer ‘d be paid within a day of the termination.
14
 Following deductions are allowed from the wages of
the employees
 Absence from duty
 Fines
 Advance or overpayment of wages
 House accommodation and other amnesties & services
provided by the employer
 Loss or damage of goods due to negligence of employee
 Deductions to an insurance scheme appointed by the
Govt or for payment of Cooperative society.
 Income tax deduction
 Deduction required to be made by an order of court or
any other competent agency
15
Enforcement and Inspection
 Enforcement of the provisions of this Act is the
responsibility of local authorities in their respective
jurisdiction and of State Govt. in respective areas.
 Local authority or state Govt. may appoint necessary
number of inspectors for the purpose of this Act. An
Inspector must possess the prescribed qualifications.
 An Inspector may-
 Enter at all reasonable times with such assistants in any
place in which he has reason to believe is an
establishment.
 Make examination of premises and of any prescribed
registers, records and notices and take on spot or
otherwise evidence he may deem necessary
 Exercise such other powers as may be necessary for
carrying out the purpose of Act
16
Offences and Penalties
17
Offenses Penalties
Failing to send statement to
Inspector within specified period
Employer and manager can be
punished with fine of Rs. 25 to
250
• Failing to apply for renewal of
registration certificate
• Failing to notify change within
specified period
• Failing to notify closing of
establishment
• Contravention in provisions
relating to opening and closing
• Holidays in a week
• Cleanliness, ventilation,
lighting, precautions against
fire
• Daily and weekly hours of work
If contravention relating to
registration is continued, after 15
th day after conviction, employer
shall be punishable with a further
fine upto Rs. For each day of
contravention. An enhanced
penalty of Rs. 50 to 500 for
second conviction and Rs. 75 to
750 for third conviction
In exceptional cases, small fine
Offenses Penalties
• Employment of Children, young
persons and women
• Not providing registers and
records
• Not maintaining registers and
records
• Knowingly permitting double
employment or in a holiday
during a leave
18
Miscellaneous
 As per order of State Govt. an employer must
maintain proper records and registers and this must
be kept at the premises of the establishment.
 Employers of any residential hotel, restaurant or
eating house etc as notified by State Govt. ‘d issue
identity card for employees.
 When an employee is required to work in excess of
the limit of hours of work, he shall be entitled to
wages at the rate of and and a half times his
ordinary rate of wages.
 If an employee has been in continuous employment
for NLT one year, employer can dispense his
services only by giving minimum of 30 days notice in
writing or wages in lieu of such notice. 19
20

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The Shops & Establishments Act, 1953

  • 1. THESHOPS AND ESTABLISHMENTS ACT, 1953 Jobin Kunjumon Vilapurathu Asst. Professor, Grace College of Pharmacy, Palakkad, Kerala, India
  • 2. Objectives To provide statutory obligation and rights to employees and employers in the unorganized sector of employment, i.e., shops and establishments. To regulate the conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres and other places of public entertainment.
  • 3. Scope and Coverage A state legislation; each state has framed its own rules for the Act. Applicable to all persons employed in an establishment with or without wages, except the members of the employer's family. State government can exempt, either permanently or for a specified period, any establishments from all or any provisions of this Act.
  • 4. Main Provisions Compulsory registration of shop/establishment within thirty days of commencement of work. Communications of closure of the establishment within 15 days from the closing of the establishment. Lays down the hours of work per day and week. Lays down guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work. Rules for employment of children, young persons and women Lays down the minimum wages to be paid.
  • 5. Rules for annual leave, maternity leave, sickness and casual leave, etc. Rules for employment and termination of service. Maintenance of registers and records and display of notices. Obligations of employers. Obligations of employees.
  • 6. Registration of Establishment  Employers must send a statement in prescribed form along with prescribed fee to Inspector of local area, within 30 days of the commencement of the establishment.  The statement ‘d contain, i) name of employer or manager if any; ii) the postal address of the establishment; iii) category of the establishment; iv) any other particulars as may be prescribed.  The establishment may then be registered if the Inspector id satisfied with the correctness of the statement and the Certificate of Registration is issued.  Certificate of Registration ‘d be prominently displayed at the premises of the establishment. 6
  • 7.  Any change in the statement submitted to the Inspector must be notified in prescribed form within prescribed form.  Closing of the establishment must also be notified to the Inspector within 10 days where upon such establishment may be removed from the registration of establishment and registration certificate is cancelled. 7
  • 8. Opening and Closing Time Opening and closing time prescribed under the act are as follows- Shops dealing wholly in milks, vegetables, fruits, fish, bread etc  Opening : NBF 5.00am Closing: NLT 8.30 pm Shops dealing in goods other than those prescribed above  Opening : NBF 7.00am Closing: NLT 11.00pm Commercial Establishments  Opening : NBF 8.30am Closing: NLT 8.30pm Customer who is being served r waiting to be served at closing time may be served within 15 min. 8
  • 9. Working Hours  No employee is allowed to work MT 9hrs in a day or for 48 hrs in a week  An employee may be allowed to work upto 3 hrs a week over and above this limit and upto 26 hrs or NMT 6 days in a year for purposes of making of accounts, stock taking settlements or prescribed occasions.  No employee is allowed to work for more than 5 hrs at a stretch unless he is given rest for half an hour if in case of commercial establishment engaged in manufacturing process, and 1 hr in any other cases.  The spread over of an employee in shop ‘d not exceed 11 hrs on any day. 9
  • 10. Closing Day  Every shop or commercial establishment ‘d remain closed on any one day of the week. The list of closing days ‘d be notified to the Inspector and displayed in the premises of the establishment.  A shop or establishment may remain open on the notified closing day provided it remains closed on any other day of the week and this change ‘d be notified to the Inspector atleast a week in advance.  Pharmacists, Chemists and Druggists shops are exempted from these provisions relating to closing day. 10
  • 11. Employment of Children, Young person and Women  No Child (LT 14 yrs of age) may be allowed to work in an establishment  No young person (LT 17 yrs) is allowed to work in any establishment for MT 3 hrs in any day unless he has an interval of rest of atleast half an hour.  No young person or women is allowed to work before 1.00am and after 7.00 pm in any establishment and to perform any such work as may be declared by the State Govt. to be involving danger of life, health or morale. 11
  • 12. Health and Safety  Premises ‘d be clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be described which may include, lime washing, color washing, painting, varnishing, disinfecting and deodorizing.  Every establishment ‘d be well lighted and ‘d also provide prescribed precautions against fire.  A first aid box ‘d be maintained at every establishment where manufacturing process is carried out. 12
  • 13. Leave  An employee who has worked for NLT 3 months in a year is allowed for leave NLT 5 days for every 60 days on which he has worked and for a period of NLT 21 days for every 240 days on which he works during an year. Such leave may be accumulated for a maximum of 63 days.  In addition every employee is entitled to i) casual leave for 7 days a year; ii) medical leave for 7 days a year; iii) leave for NMT 4 days a year on any of national or festival holidays as specified by State Govt. These leaves are with wages. 13
  • 14. Wages  The provisions of payment of Wages Act, 1936 and the Workmen’s compensation Act, 1932 are applicable regarding the payment of wages of employees.  The wages payment period ‘d be fixed by every employer and ‘d not exceed one month.  All wages ‘d be paid in cash within 7 days of expiry of the wage day.  Due wages of an employee terminated by an employer ‘d be paid within a day of the termination. 14
  • 15.  Following deductions are allowed from the wages of the employees  Absence from duty  Fines  Advance or overpayment of wages  House accommodation and other amnesties & services provided by the employer  Loss or damage of goods due to negligence of employee  Deductions to an insurance scheme appointed by the Govt or for payment of Cooperative society.  Income tax deduction  Deduction required to be made by an order of court or any other competent agency 15
  • 16. Enforcement and Inspection  Enforcement of the provisions of this Act is the responsibility of local authorities in their respective jurisdiction and of State Govt. in respective areas.  Local authority or state Govt. may appoint necessary number of inspectors for the purpose of this Act. An Inspector must possess the prescribed qualifications.  An Inspector may-  Enter at all reasonable times with such assistants in any place in which he has reason to believe is an establishment.  Make examination of premises and of any prescribed registers, records and notices and take on spot or otherwise evidence he may deem necessary  Exercise such other powers as may be necessary for carrying out the purpose of Act 16
  • 17. Offences and Penalties 17 Offenses Penalties Failing to send statement to Inspector within specified period Employer and manager can be punished with fine of Rs. 25 to 250 • Failing to apply for renewal of registration certificate • Failing to notify change within specified period • Failing to notify closing of establishment • Contravention in provisions relating to opening and closing • Holidays in a week • Cleanliness, ventilation, lighting, precautions against fire • Daily and weekly hours of work If contravention relating to registration is continued, after 15 th day after conviction, employer shall be punishable with a further fine upto Rs. For each day of contravention. An enhanced penalty of Rs. 50 to 500 for second conviction and Rs. 75 to 750 for third conviction In exceptional cases, small fine
  • 18. Offenses Penalties • Employment of Children, young persons and women • Not providing registers and records • Not maintaining registers and records • Knowingly permitting double employment or in a holiday during a leave 18
  • 19. Miscellaneous  As per order of State Govt. an employer must maintain proper records and registers and this must be kept at the premises of the establishment.  Employers of any residential hotel, restaurant or eating house etc as notified by State Govt. ‘d issue identity card for employees.  When an employee is required to work in excess of the limit of hours of work, he shall be entitled to wages at the rate of and and a half times his ordinary rate of wages.  If an employee has been in continuous employment for NLT one year, employer can dispense his services only by giving minimum of 30 days notice in writing or wages in lieu of such notice. 19
  • 20. 20