Punjab Shops and Commercial Establishments (Haryana Amendment) Act, 2004*
| [Haryana Act No. 21 of 2004] | [21st October, 2004] |
An Act further to amend the Punjab Shops and Commercial Establishments Act, 1958, in its application to the State of Haryana.
Be it enacted by the Legislature of the State of Haryana in the Fifty-fifth Year of the Republic of India as follows:-
* [Received the assent of the Governor of Haryana on the 21st October, 2004, and is hereby published in the "Haryana Government Gazette", Extraordinary, No. Leg. 23/2004, dated 2nd November, 2004]
1. Short title.- This Act may be called the Punjab Shops and Commercial Establishments (Haryana Amendment) Act, 2004.
2. Amendment of section 8 of Punjab Act 15 of 1958.- In sub-section (2) of section 8 of the Punjab Shops and Commercial Establishments Act, 1958 (hereinafter called the principal Act), for the words "ten hours", the words "twelve hours" shall be substituted.
3. Amendment of section 12 of Punjab Act 15 of 1958.- In clause (b) of section 12 of the principal Act, for the word "three", the word "five" shall be substituted.
4. Amendment of section 13 of Punjab Act 15 of 1958.- In sub-section (6) of section 13 of the principal Act,-
(i) for the sign existing at the end, the sign shall be substituted; and
(ii) the following proviso shall be added at the end, namely:-
"Provided that the amount of registration or renewal fee so recovered from the employer shall be paid in the Government treasury or in any other mode as may be prescribed so as to enable the prescribed authority to issue or renew the registration certificate, as the case may be."
5. Amendment of section 19 of Punjab Act 15 of 1958.- In section 19 of the principal Act,-
(i) for the existing marginal heading, the following marginal heading shall be substituted, namely:-
"Enforcement and appointment of Inspecting officers.";
(ii) in sub-section (1),-
(a) for the sign existing at the end, the sign ‘V’ shall be substituted; and
(b) the following proviso shall be added, namely:-
"Provided that the Government may, by notification in the Official Gazette, also appoint such persons, as it may deem fit, not below the rank of Deputy Labour Commissioner, to be the Chief Inspector or Deputy Chief Inspector of shops and commercial establishments who shall, in addition to the powers conferred on a Chief Inspector or Deputy Chief Inspector under this Act or the rules made thereunder, exercise the powers of Inspector throughout the territory of the State of Haryana.".
6. Insertion of section 26A in Punjab Act 15 of 1958.- After section 26 of the principal Act, the following section shall be inserted, namely:-
"26-A. Power to compound offences.- (1) Notwithstanding anything contained in this Act or the rules framed thereunder, the compounding authority as may be notified by the Government in the Official Gazette, shall compound the offence committed under this Act or the rules framed thereunder. The said authority shall discharge the offender by recovering a sum of money not less than fifty percent of the maximum amount of fine prescribed under this Act or the rules framed thereunder. However, if the violation relates to registration of shops or commercial establishments, in that case the amount of fee as may be prescribed shall be recovered from the offender in full in addition to the amount of fine:
Provided that no offence of the same nature shall be compoundable if it is committed more than twice in a year.
(2) An appeal against the order of the compounding authority shall lie within thirty days from the date of the order of the compounding authority before the appellate authority as may be notified by the Government and shoes decision shall be final:
Provided that no appeal shall be maintainable unless the amount of fine is deposited with the said authority.
(3) No penalty shall be imposed unless the person concerned is given a notice in writing informing him of the grounds on which is proposed to impose a penalty.
(4) The compounding authority and the appellate authority shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (Act 5 of 1908), while exercising any powers under this section, in respect of the following matters, namely:-
(i) summoning and enforcing the attendance of witnesses;
(ii) requiring the discovery and production of any document;
(iii) requisitioning any public record or copy thereof from any court or office;
(iv) receiving evidence on affidavit; and
(v) issuing commissions for the examination of witnesses or documents.".