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11. Employees off day in a week.
12. Holidays.
13. Registration of establishments.
14. Leave.
15. Wages for close days and during leave period.
16. Wage period. 1 7. Ded ction from wages.
18. Realis "\, tion of compensation.
19. Enforcement and inspection.
20. Records.
21. Inspectior, of registers and calling for information.
22. Notice of removal.
23. Notice by employee.
24. Provisions as to trading elsewhere than in establishment.
25. Penalties.
26. Protection of officers and their agents from personal liability.
27. Power to grant exemptions.
28. Prohibition of employment of children.
29. Conditions of employment of women.
30. Maternity benefit.
31. Bar of legal practitioners in certain proceedings.
32. Saving of certain rights and privileges.
33. Cognizance of offence.
34. Power to make rules.
35. Repeal and savings.
THE HiMACHAL PRADESH SHOPS AND COMMERCIAL
ESTABLISHMENTS ACT, 1969
(Received the assent of the President of India on the 3rd March, 1970, and was published in R.H.P. Extra., dated the 1st July, 1970 at p. 563-580). Amended, repealed or otherwise affected by,-
(i) A.O. 1973, published in R.H.P. Extra., dated the 20th January, 1973, p. 91-112.
An Act to provide for the regulation of conditions of work and employment in shops and
commern'al sstablishments. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Twentieth Year of the Republic of India as follows:-
1. Short title, extent, commencement and application.-(1) This Act may be called the Himachal Pradesh Shops and Commercial Establish- ments Act, 1969.
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1. For Statement of Objects and Reasons, see R. H. P. Extra., dated the 31st May,
1969, p. 464'
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(2) It extends to the whole of the '[state] dHimazfial hadah.
(3) It shall come into force a t once.
(4) It shall apply in the first instance to the limits of the Simla Muniaipal Corporation and to the municipal areas and cantonment limit@; but the Government may notification in the Official Gazette, direct thatit! shall come into any other local area or shall apply to such-establish- in such other areas as may be specified in the
notification.
2. Definitions-( 1 ) In this Act, unless the tori text~otherwise requires :-
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(i) "closed" means not open for the service of any Custbmer or for any other purpose whatsoever relating to business;
( i i ) "close-day" means the day of tWe week on which a shop or commercial establishment remains closed;
( i i i ) "closing-hour" mems rlie hour a t whicN8 a shop ofi commercial establishment closes;
( iv) "commercial esta.lllisfirnentM means any premises whareini any business, trade or profission is carried on for profit., and includes journalistic or printing establishment and premises in which bahess of banking, irlsurance, stocksand shares, broherage 03 produce exchange is carried o r or which is used as hotel, restauraht, b a r d - ing or eating house, theatre, cinema or orher place of public mter- tainrnent or any other place which the Governmen% m y d d a r e , by notification, to be a commercial establishment %r the pusposes of this Act;
( v ) "day" means a peaiodof twenty-four hours beginningat hdhight :
Provided that in the case of any employee whose hours of work extend beyond midnight, "day" means the period of twenty-four hours Gegimingf~om the t h e when such employmeni commences;
CviJ "efiployee" iH'eans any petson emplepd,. whether directly or otherwise, about the Bhsibess of establishment for the awher or occupier thereof evea thdugh he receives no reward for his labour and includes, for the purpose of any matter regulated by this Act, a person dis~harged or dismissed whose claim have not been settled in accordance with this Act, and persons emp'lopd in any f~etory but not governed by the Factories Act, 1948 (Central Ace, 63 of
19487 ;
(vii) "employer" ~ a l c l ~ ~ a person lila~img chargeof or owning ar having
ultimate cont~ol over the affairs of an establishment and include^ members of the family of an employer, a manager, agent or other person acting in the general management or control of the estabIish- ment;
.- .-- ii-----I--CI.-\-Y-?i---- --
1 . Subs. for "Union territory" by A. 0. 1973.
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'(aiii) 'bstablishment" means a.shop or a ,c~mqaer~ia l establishment ;
(is) 'tfaktory" h ,the meaning assj~ed,to it in the ,F;lctorjes Act, 1948 (Central \ ct 63 of:1948) ;
(,x) '!familyw in redxtion to an employer, -meam:-
( 2 ' ) spouse;
(ii) chiddrm and step;~hildren ; and
( i i i ) parents, sisera .and k t h e r s 'tf midj~ and wholly ~ d e p e n b t qm~hirn ;
(x i ) "festival" means any festival which *the ,$h)seygmpt may, by netific3aaim,deehmtohbe-la f i 3 6 t h l f ~ n t h e p u r ~ o w s , ~ i ~ h i s ~ ~ t ;
(xii) 1( * * *)
' (x i i j ) ' 'h~rwdf werk".or ~cvbroskfarg, lmms" ~ s - + e 3 $ ~ ~ ; d u y F & ~ , w h i c h the, p e r m s employed are a t the' disp~sal of. thec employer exclusive
of any interval allowed for restand meals ;
(x iv ) ''inspector" means an inspector appointed under this Act;
( X U ) "leave" means leave as provided for in section 1.4;
(xvij "manager" in relation to an establishment where five or more persons are employed or an establishment whose owner does not ordinarily carry on the business personally, means a person declared as such by the employer in the prescribed manner;
( m i $ ) "night" means a -pe~ iod of twelve cons~utirde b u r s .which shall include the interval between 8 P.X. t a 6 A.M.;
(xvdii) '(notificat:~'' means .a qotification published under proper ,wthoritp in the Official Gazette ;
(xi$) "Official Gazette" weans Rajpatra, Himachal f adesh;
( xx ) "opened" means opened for the.sexyice of-any customer or for any business connected with the establishment;
(xxi ) "opening hour" means the hour a t which an establishment opens;
(xxi i ) "prescribed" means prescribed by rules made under this Act;
(xxi i i ) "quarter" meens a period of three mcnths commcnc;ng on the first day of January, first day of April, first day 01, July or first day of October, every year;
(xxiv) "retail trade or busiress" includes the business of a barber or hair idresser, the sale of refrahments or intoxicatiqgliquors, and retail sales ;by. quckion;
(xxv) "register of. establishwnts" means a register maiptained for the registratian of establishments under this Act;
(xxvi) "registration certificate" means a certificate showing tbe registra- t i o n ~ f a n establishment;
(xxvii) "shop" means any premises where any trade or busiress is carried
om or where services are r&red to cu~tmers,-amd im~1udes~effices, store-rooms, g c i d o ~ s ~ ale depots- or wareheases, whekher -ini %he same premises or otherwise, used in ~omection wixh such trade or busims, but does not include a ccmmercial establishment or -- - -- - - -. -
1. The dehitiqn af 'Government' omitted-by A. 0.1 973.
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916 H.P. CODE VOL. v
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a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (Central Act, 63 of 1948) ; (xxviii) "spread-over" means the period between the commencement and the termination of work of an employee on any day;
(xxix) "wages" shall have the meaning assigned to it in the Payment of Wages Act, 1936 (Central Act, 4 of 1936);
(xxx) "wage period" means the period after which the wzges of an emp- loyed person shall be paid;
(xxxi) "week" means the period between' midnight on Saturday and midnight on the following Saturday;
(xxxii) "young person" means a person who has attained the age of fourteen years but has not attained the age of eighteen years; and (xxxiii) "year" means any year commencing on the 1st day of Apr:l.
(2) For the purposes of this Act, any employment in the service of the employer of an establishment whether within the establishment or outside it, which relates to or is connected with or is ancillary to the business carried on at the establishment shall be deemed to be employment about the business of the establishment.
3. Act not applicable t o certain establishments a n d persons.- Nothing in this Act shall apply to-
(a) offices of or under the Central Government or any State Govern- ment or the Government of Himachal Pradesh (except commercial undertakings), the Reserve Bank of India, any railway admini- tration or any local authority;
(6) any railway service, air service, water transport service, tramway, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry, business or under- taking which supplies power, light or water to the public;
(c) railway dinning cars ;
(d ) offices of lawyers;
(e) any person employed about the business of any establishment mentioned in clauses (a) to (d) ;
Cf) any person whose hours of employment are regulated by or under the Factories Act, 1948, (Central Act, 63 of 1948), except the provisions cf sub-sections (3), (4) and (5) of section 7 cf this Act in so far as they relate to employment in a factory;
(g) any person whose work is inherently intermittent;
(h)' establishments ofstamp vendors and petition writers.
4. Provisions of section 9 and sub-section (1) of section 10 not app~licable t o certain establishments.-(1) Nothing in section 9 and sub- section (1) of section 10 shall apply to :-
(a) clubs, hotels, restaurants, boarding houses, stalls and refreshment rooms at railway stations;
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( b ) shops of barbers and hair dressers ;
(6) establishments dealing exclusively in meat, fish, confectionery, poultry, eggs,dairy produce (except ghee), bread, sweets, chocolates, ice, ice-cream, cooked food, fresh fruit, flowers or vegetables;
( d ) shops dealing exclusively in medicines or medical or surgical requisites or appliances and establishments for the treatment or care of the sick, infirm, destitute or mentally unfit;
(e) shops dealing in articles required for f~inerals, burials or cremations ;
(f) shops dealing exclusively in pans (betel leaves), biris or cigarettes, or liquid refreshments sold retail for consumption on the premises;
(g) shops dealing exclusively in newspapers or periodicals, editing and despatching sections of newspaper offices and offices of news agencies ;
(h) places of public entertainment except cinema houses;
(i) establishments for the retail sale of petrol and petroleum products used for transport;
( j ) shops in regimental institutes, garrison shops and trooop canteens in cantonments;
(k) tanneries;
(1) establishments engaged in reta;l trade carried on at an exhibition or show, if such retail trade is subsidiary or ancillary only to the main purpose ofthe exhibition or show;
(m) oil mills not registered under the Factories Act, 1948 (Central Act, 63 of 4948) ;
(n) brick and lime kilns;
(0) commercial establishments engaged in the manufacture of brcmze and brass utensils so far as it is confined to the process of melting in furnaces ;
( p ) saltpetre refineries;
(q) establishments of commercial colleges of short-hand or type-writing and other educational academies;
(r) booking offices of passenger and goods transport companies ;
(s) establishments dealing exclusively in green and dry fodder and chaff cutting; and
(t) cycle stands, and cycle repairs shops,
(2) Nothing in sub-section (p) ofsection 10 shall aply to :-
(,i) establishments of cinema houses ;
(ii) establishments dealing in hides and skins;
(iii) ice factories;
(iv) establishments engaged exclusively in repairs of cycles or motor vehicles or the service of motor vehicles (not being an establish- ment dealing in cycles or motor vehicles or exclusively in spare parts thereof);
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( v ) establishments dealing exclusively in providing on hire tents, chhauldaries and other articles such: as crockery, furniture, loud- speakers, gas-lights and fans required for ceremonial purposes ; and
( v i ) establishments dealing exclusively in the retail sale of phullian- murmara, sugar coated gram, reories or orher similar commodi- ties.
5. Power of Government to extendprovisions of the Act.-(1)Not- withstanding anything contained in section 3 or section 4, the Government may, if it considers it necessary in the public interest so to do, by notification, declare that any class of establishments or persons specified therein shall not be exempted from the operation of such provisions of this Act as may be specified in the notification and that the provisions of this Act specified in such notification shall apply to such class ofestab1;shments or persons, as the case may be.
(2) Every notification issued under sub-section (l)shall, as soon as possible after it is issued, be laid before the Legislative Assembly.
6. Conditions of employment for young persons.-(I) The total number of hours worked by a young person employed about the business of an establishment, exclusive of interval for meals and rest, shallnot exceed thirty hours in any one week or five hours in any one day.
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(2) A young person employed about the business of an establishment shall not be employed continuously for more than three hours without an interval of at least half an hour for meals or rest.
(3) Government may prescribe further conditions in respect of the employment of young persons employed about the business of .e&ablishment or any class of them, including, if it thinks fit, conditions with repect to the daily period of employment of those persons, and no such person shall be employedotherwise than in accordance wIth those conditions.
(4) In the case of any contravention of, or failure to comply wi'th, the provisions of this section, the employer shall be liabIe, on convicttion, a fine which shall not be less than fifty rupees but which may extend to two hundred rupees.
(5) Where in proceedings for an offence under th;s,sectim, the person respect of whom the offence was committed was a young person, and he appears to the court to have been at the date of the commission of the offence an young person, he shall, for the purposes of this Act, be presumed at that date to have been a young person unless the contrary is proved.
7; l i a r s of employment.-(1) Subjeet therprovisi~ns of this Act, no person shall be employed alsous the brrsisfdh of a m v ~ M 6 s h m e n t for more thrkn forty-eight hours in any one week and nine hours ix? any orla &y.
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(2) On ocsasions of seasonal or exceptional pressure of work, a person employed in an establishment may be employed about the business of the establishment in excess of the working hours specified in sub-section (1) :
Provided that-
(a) the total number of overtime hoursworked by an employee does not exceed fifty within a period ofany one quarter; and ( b ) the persons employed overtime shall be paid remuneration at twice the rate of his normal wages calculated by the hour. Explanation.--For the purposes of clause ( b ) of the prov'so to this sub- section and ofsections 10 and 12, "normal wages" means basic wages plus such allowances including the cash equivalent of the advantages accruing through the concessional sale to workers of foodgrains and other articles as any worker is for the time being entitled to, but does not include bonus.
(3) No employer shall, on any day or in any week, employ about the business of the estsrblishme~~t any person who has been previously employed on that day or in that week in another establishment or factory for a longer period which together with the time during which he has been previously employed on that day, or in that week in such other establishment or factory, exceeds the number of hours permitted by this Act.
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(4) In any proceedings against the employer of an establishment for a contrvention of the provisions of sub-section (3), it shall be a defence to prove that the employer did not know and could not with reasonable diligence ascertain that the person was previously employed by the emplo.yer of the other establishment or factory.
(5) No person shall work about the business of an establishment or two or more establishments or an establishment and a factory in excess ofthe period during which he may be lawfully employed under this Act.
8. Interval for rest or meals.-(1) Subject to the provisions of section 6, no employee except a chowkidar, watchman or guard, shall be allowed to work in an establishment for more than five hours before he has had an interval for rest of at least half an hour :
Provided that the Government may, by notification, fix such interval fop rest in respect of any class of etablishments for the whole of the Hirnachal Pradesh or any part thereofas it may consider necessary.
(2) The period of work of an employee in an establishment shall be so
fixed that, inclusiive~f h i interval-for rest, the spread over shall not be more tliai~ ten hours in aday. e
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920 H.P. CODE VOL. v
9. Opening a n d closing hours.-The Government shall, by notification,
fix the opening and closing hours of all classes of establishment and different opening and closing hours may be fixed for different classes of establishments and for different areas :
Provided that the Government may allow an establishment attached to a factory to observe such opening and closing hours as the Government may direct.
10. Close-day.-(1) Save as otherwise provided by this Act, every es- tablishment shall remain close on such day in a weckas may be prescribed :
Provided that, in the case of an establishment attached to a factory, the employer may substitute the close-day of such establishment so as to ~ o r r & ~ r n d to the substituted close-day of the factory in the same manner and subject to the same conditions as are laid down in this behalf in the Factories Act, 1948 (Central Act, 63 of 1948).
(2) (i) The employer of an establishment shall in the prescribed form in- timate to the prescribed authority the workj~g hours, the day in a week, referred to in clause (b) of section 11 and the period of interval of the (mploycd person, within fifteen days ofthe date ofregistration oi tke rstzblirl-rrc rt.
(ii) The employer of an establishment may change the working hours and the period of interval once in a quarter by giving intimation in the pres- cribedform to the prescribed authority at least fifteen days before the change is to take place.
(3) Notwithstanding anything contained in sub-section ( I ) , the employer ofan establishment may open his establishment on the close-day if-
(a) such day happens to coincide with a fest' a l ; and f
(b) employees required to work on that day are paid remuneration at double the rate of their norm81 wages calculated by the hour.
11. Employees off day i n a week.-No employee shall be allowed or re- quired to work-
(a) on a close-day, in any establishment which is required to (observe) aclose- day ;
(b) on one day in a week, in any other establishment ; and
(G) before the opening hours of the establishment and after the closing hours ofthe establishment :
Provided that a watchman may be allowed or required to work on an off day under this section, if he is allowed another off day in the week.
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R. P. SHOPS A VD C O ~ ~ ~ ~ E R C I A L $STABLISHMENT ACT, 1969 921
12. Holidays.-Every employee in an establishment shall be allowed-
(a) a holiday with wages on the Independence Day, Republic Day and Mahatma Gandhi's birthday; and
( b ) three holidays with wages in a year in connection with such festivals as the Government may declare fiom time to time by notification :
Provided that an employee required to work on any such holiday shall be entitled to remuneration at twice the rate of his normal wages calculated by the hour.
13. Registration of establishments.-(1) Within the period specified in sub-section (3), the employer of every establishment shall send to the prescri- bed authority a statement in the prescribed form accompanied by such fees as may be prescribed and containing:-
(a) the name of the employer and the manager, ifany;
(b) postal address ofthe establishment ;
(c) the name, ifany, ofthe establishment;
(d) number of persons employed in the establishment ; and
( 8 ) such other particulars as may be prescribed.
(2) (i) On receipt of the statement and the prescribed fee, the prescribed authority shall, on being satisfied about the correctness of the statement, register the establishment in the register of establisl. ments in such manner as may be prescribed a~zd shall issue in the prescribed form a registration certificate to the employer. The registration certificate shall, on demand by the Inspector, be shown to him by the employer.
(ii) The registration certificate shall on payment of the prescribed fee, be renewable by the 31st March, every year. Thirty days grace time shall, however, be allowed for the renewal of the certificate.
(3) Within ~hi r ty days from the date mentioned in cloumn 2 of the Table belowin respect of an establishmer,t menti ned in column 1 thereof, the state- ment together with the prescribed fee all be sent to the prescribed authority under sub-section (1) :-
iP
THE TABLE
- - - -C- -_-_d__- I_- - - - - - - - -
Establishment Date from which the period of 30 days is to commence
1 2
...............................
(i) Establishment existing in areas The date on which this Act comes into to which this Act applies or to force or the date on which this Act which it is made applicable sub- is made applicable subsequently as sequently. the case may be.
(ii) New establishments in such areas. The date on which the establishment commences its work.
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(4) I t shall be the duty of the employer to notify to the prescribed suthority in the prescribed form any change in respect of any infor mat ion con tainecl. in his statement under this section within seven days after the change has taken place and the prescribed authority shall on receiving such notice and on being satisfied about its correctness make the c h a ~ g e in the register of tstablishmcnts in accordance with such notice and shall amend the registration certificate, if necessary.
( 5 ) The employer shall, within ten days of his closing the establishment, notify to the prescribed authority in writing accordingly and the prescribed authority shall, on receiving the information and on belng satisfied about its correctness, remove the name of such establishment from the register of ast2b- lishments and cancel the registration certificate.
14. Leave.-(l)(a) Every employee who has been in employment for not less than twenty days in any year shall be entitled to one days earned leave for every such twenty days:
Provided that a young person shall be entitled to one day's earned leave for every fifteen days of employment.
(6) If an employee is discharged or dismissed from or leaves service, he shall be entitled to wages in lieu of the unavailed leave at the rates laid dcwn in clause (a).
(c) In cslculating leave under this section, fraction ofhalfa day or more be treated as one days' leave, and fraction of less than half a day shall e ignored.
(d) Ir'an emplpoyee doesnot in anyone year take the whole of the leave allowed to him under clause (a), any leave not taken by him shall be carried forward and added to the leave to be allowed to him in the succeeding year :
Provided that :-
(i) subject to any specific agreement between the employer and the employee, the total number of days of leave that may be carried forward to a succeeding, year shall not exceed forty in the case o f a young person or thirty in any other case ;
(ii) the provisions of this section shall not operate to the prejudice of any rights to which an employee may be entitled under any other law 01 under the terms of any award, agreement or contract of service;
(iii) where such award, agreement or contract of service provides for a longer leave with wages or weekly holidays than those provi- ded under this section, the employee shall be entitled to such longer leave or weekly holidays as the case may be. LatestLa s.co
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(2) Leave provided in clause (a) of sub-section (1) shall not, when applied for, be refused except for a valid reason to be communicated in writing by the employer to the employee within fifteen days oftheapplicaticn:
Provicl.ed that the leave so refu~ed sEaU, if applied fcr zgzin, be grznted within thirty days of the date of the zpplication.
(3) (a) For the purpose of computing the period during which an rrrpIoyee has been in emp!oyment within the meaning of clsuse (a) of sub-sccti~n ( I ) ,
the period d.uring which Ee was on leave under this cection s r d the off days in a week referred to :n section ll,shall be included.
( b ) The u ~ v a i l e c ! leave of an employee shall not be taken into considera- tion in cornouting th e period of any notice required to be given before discharge, removal or dismissal.
(4) NotwitEstsnding anything covtained. in tEe feregoing sub-sections, , every employee in an esta blisbment .ball be allo~.ec! with wslges ?even days casual leave and seven days sick leave in a year.
15. Wages fir close days and during leave ~eriod.-(1) Any person employed in or nbovt pn establisEm~rt fc.r a perior! offifteen days or more shall receive, for every off day in P week referred to in section I I , wslpes at tEe rate not less than the averape &iIy wages earned by Eim for davs on wEich he worked during the week immediately preceding every such off day.
(2) For the leave allowed to him unc?er ccct;on 14. p r ewp!oyee +all be paid at the rate eaual to tEe c'ailv avcr?pp of Eis ~ c ~ P J fi 11 ~ ! F F er"rr;rvr fcr tFe days on which Ee worked. 6.1irivg tEe month in-media tely precedb p his leave, exclusive of slny overtime and horus but irclusive of d.earncss aJlcv~ance and the cash equivalent of tEe advslntape ~ c c r u i r g th rov~h the concersior~l sale to the employee of food grains and other articles.
(3) An employee who Eas heen allowed leslve for not less tEen five days in tEe case of a ycung person zrd four days in zny otEer czse sEall, on demand, before his leave he~:ns, be paid the Mspes d1.e for tEe per:ocl of Jezt '~ F I I o M T ~ ~ .
16. Wage period.-(I) Every person responsible for the payment of wapes to an employee shall fixa pericd in respect of whicE s17ch Mayes shall be payable.
(2) NO wage period shalI exceed one month.
(3) The wages of every person employed shall be paid before the expiry of the seventh day form the date on which the wages became due.
(4) Where the employment of any person is terminated by or on behalf of the employer the wages earned by him and the remuneration in lieu of unav- ailed period of due leave shall be paid before the expiry of the second working
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924 H. P. CODE VOL. v
day after such termination and where an employee quits his employment on or before the next pay day:
Provided that no claim under this secticn shall be enterteined unlcis it is preferred whithin six month from the dkte of its accruing exccpt urder special circumstances at the discretion of the Chiei Inspector of Skops 2nd Conimtrcial Establishments, Himachal Pradesh.
I 17. bii i"~i* f ro in wrig&.-'fhe wages of an employee shall be paid to him'withlout deductions of any kind except those aufhorised byor ~ n d e r the Payment of Wages Act, 1836, (eentral Act, 4 of 1936), in so far zs such deductions are applicable tb the employee, and in such mnner , to such extent and subject to such conditions, as are specified in that Act.
18. Realisation of compensation.- (1) In case of contravention of the provisions of section 16, if a Magistrate is satisfied that the employee has not been paid his due wages, he shall direct the employer to pay t k e wges along with compensation not exceeding eight times the amount of wages withheld.
(2) The amount of wages withheld and cowpcnsation pay2 ble ~mder this section shall, for the purposes of its recovtry, be deemed to be a fine in-pos~d under this Act in ?.ddition to the penalty imposed under section 25 and shall be realised as such.
19. Enforcement a n d inspection.-(I) The Government may, by noti- fication appoint such persons as it thinks fit to be Inspectors for the purposes of this Act within such local limits asit may assign to them.
(2) The Government may, by notification, appoint any person to be the Chief Inspector of Shops and Commercial Establishments who shall, in 2.d- dition to the powers conferred on a Chief Inspector under thls Act, exercise the powers ofan Inspector throughout the l[State] of Himachal Pradesh.
(13) Subject to any rules made by the Government in this behalf, an Inspec- tor may, within thelocal limitsfor which he appointed,-
(a) enter at all reasonable times and with such assistsnts, if any, being persons in the service of Government or of any local authority, as he thinks fit, any place which is, or which he has reason to believe to be, an establishment ;
( b ) make such examination of the premises and of any prescribed re- gisters, records and notices and take on the spot or otherwise evidence of any persons, as he may deem necessary for carying out the purposes of this Act; and
(G) exercise such other powers as may be necessary for carrying out the purposes of this Act. :
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1, Subs. for 'the words Wnion ~erritory" by A.O.1973.
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Provided tha,t no person shall be compelled under this section to answer any question or ive any evidence tending to incriminate himel'f. r
(4) Every ~ d s ~ e c t o r appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the 1nd.ian Penal Code (Central Act 45 of 1860).
20 RBcords.-(l.) The employer of every estalshbmmt shdl ,&@h~ ~WB- cribedform and manner, keep exhibited in the establis! mmt ansticeset!tifrg forth the close-day, the working hours and the period d interval of emphyd
persons, if any, and such other pprticulars as may be prescribed.
(2) The employer of any establkhment, about the business of w h i ~ h
persons 2re employed, shall in the prescribed form a d mnner , keep a remd
ofthe working hours, rest intervals and the accour: t c fleave taken by every person employed about the business of an establishment, and particulars of all over- time employment shall be separately entered in the record.
(3) The employer of every establishm.ent, about the business of which persons are employed, shall mark the attend.ance of every employee in the register maintained for the purpose within one hour of the start of duty and in the case of overtime every entry regarding the commencement or closure of overtime shall respectively be mad.e before or a.fter such commencement or closure.
(4) The employer of every establishment shall keep a photograph of
each employee who has completed three months' continuous service in the establishment :
Provided that where such employee fails to supply such p h o ~ g r a p h to the employer within fifteen days of the cornpletior, of such service, bis failure so to do shall be recorded by the employer under the signature of the employee.
( 5 ) The eriployer of every establishment shall for the purpose of this Act maintair, such other records, registers and display such other notices as may be prescribed.
(6) In case of any contravention of the foregoing provisions of this section, the employer of an establishment shall be liable, on conviction, to a h e not exceeding five rupees for every day on which the contravention oc~ur s or continues.
(7) If any person, with intent to deceive, makes, or causes or allows to be made, in any such record, register or notice as aforesaid an entry which is to his knowledge false in any makerial particular, or wilfully omits or causes or allows to be omitted from any such records, r~gister or notice an
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926 H.P. CODE VOL. v entry required to be made therein, he shall be l i~ble , on crnvicticn, to im- prisonmentfor a term not exceeding three months or to a fine which shall not be less than twenty-five rupees but which may exter d to two hundred. rL pees, or to both.
21. Inspection of registers and calling for information.-(1) It
shall be the duty of every employcr of an establi~f r e n t to mzLke zvailzble for inspection ofsuch officer, as may be prescribed, all zccounts or other reccrc'.s to be kept for the purposes of this Act, znd to give s ~ c h cEcer any other infor- mation in connection therewith as may be required.
(2) Whoever contravenes the provisions of sub-section (1) or wilfully obstructs the inspecting authority in exercise of tFe powrs ~ ~ r c ? e r this Act or conceals or prevents any employee in an establishnent from srppearbg bcfcre or being examined by the authority, shall be liable, cn conviction, to a fine WE ich shall not be less than twenty-five rupeesand. nay extend to two hunc'.red rupees.
22. Notice of removal.-(1) No employee shall be removed from ser- vice unless and until one month's previous notice or wpges in lieu thereof has been given to him:
Provided that-
(a) no employee shall be entitled. to srcE r~ot;ce or wPpes in lieu thcreof if he is removed on account of misccnd.uct, after riving him an opportunity to explain the charge or charges against him in writing;
( b ) no employee shall be entitled to one month's notice or wages in lieu thereof v.nless and until he has been in the service of the employer continuously for a period of three xronths.
(2) In any case instituted for a contravention of the provisions of sub- section (I), if a Magistrate is satisfied that an employeehas been removed without reasonable cause, the Magistrate shall, for reasons to be recorded in vmiting, award compensation to the employee equivalent to two months' wages :
Provided that no such claim shall be entertained unless it is preferred by the employee within six months from the dateof his removal.
(3) The amount payable as compensation under this section shall be in
addition to, and recoverable as, fine payable under section 25.
(4) No person who has been awarded compensation under this section shall be entitled to institute a civil suit in respect ofthe same claim. t t .
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23. Notice by employee.-(1) No employee, who has been in the service ofthe employer continuously for a pericd. of three months, shall terminate his employment unless he has given to his employer ten days previous notice or wages in lieu thereof.
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(2) Where an employee contravenes the provisions of sub-section ( I ) , his employer may forfeit his unpaid wages for a period not exceeding ten days.
24. Provisions as to trading elsewhere than in establishment.-
Save as otherwise, provided by any law for the time being in force, it shall not be lawful in any locality to carry on in any place not being an establishment, retail trade or business of any class at any time if it is unlawful in that locality to keep an establishment open for the purpose of such retail trade or business, and if any person carries on any trade or business in contraventicn of this section, thls Act shall apply as if he were the employer of the establishment which was being kepi open in contravention of this Act.
25. Penalties.-Subject to the other provisions of this Act, whoever contravenes any of the provisions of this Act, or the rules made thereunder and no penalty has been providedfor such contravention in this Act, shall be liable, on conviction, to a fine not exceeding one hundred rupees for the first ~ffence,
and three hundred rupees ibr every subsequent offence:
Provided that thehein respect of evay subsequent offence within the same year shall not be less than one hundred rupees in any case,
26. Protection of officers and their agents from personalliabi1ity.-
No suit, prosecution or other legal proceeding shall lie against any public servant or any other person in the service of the Central or State Govern- ment, or the Government of Himachal Pradesh, acting under direction of any such public servant, for anything in good faith done or intended to be done in pursuance of the provisions of this Act or ofany rule made ther~under.
27. Power to grant exemptions. -The Government may, if it considers i t necessary in the public interest so to do, by notification, exempt for any
period it considers desirable any establishment or class of establishmtnts from the operation of' all or any of the provisions of this Act.
28. Prohibition of employment of children.-No child who has not completed the age of fourteen years shall be employed in any establishment.
29. Conditions of employment of women.-(1) No woman shall be required or allowed to work whether as an employee or otherwise in any
establishment during night : - _ . _ - - - - - -
1. For such exemption, see Not. appended. LatestLaws.com
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928 B.P. D O D ~ VOL. v
Provided that nothing -in this sub-section shall apply to an establishmtnt which is engaged in the treatment or care of the sick, the infirm, the destitute ( or the mentally unfit.
(2) No employer of any establishment shall knowingly employ a woman and no woman shall engage in employment :n any establ'shment during six weeksfoMow:ng the day ofher confinement or miscarriage.
(3) -The Government may 'prescribe further conditions in respect of employment of women employed about the business of establjehments or zn y .elass of them, inclpding, if it thinks fit, conditions witB rcspect to the daily period of employment, leave. and other matters, and no woman shall be employed otherwise thar in ac~ordance with these conditions.
30. Ma$ern$y.benefit.-(1) Every woman employed in an establishment who has been continuously employed in that extablishment or in establishments belonging to the employer of thai establishment for a period ofnot less than six ,months precedi~g the date of her delivery shall be entitled to receive, and the employer shall be liable to make to her, a payment of maternity kenefit which shall be prescribed by the Cavernwent for every day during the six weeks immediately preceding and including the day of her delivery and for each day of six weeks following her delivery:
Provided that no such payment shall be made for any day on which she attends work and receives payment therchr during the six wceks.preceding her delivery.
(2) The manner in which the maternity benefit shall be payable may be prescribed by the Government.
31. ,Bar of legal pracdtioners i n certain proceqdings.-Notwith- standing anything contained in the law relating to legal practioners for the time being in force, no legal practitioner shall be permited to appear, plead or act for the employer or the employee in any proceedings before a court, between an employer and an employee arising out of the contravention of any of the provision? of this Act.
32. Saving of ce$ain r i g u s and privilqgps.-Nothing in this Act shall affect any rights or prikileges to which an employee in any establishment is entitled on the date this Act comes into force, under any other law, contract, custom or usage applicable to such establishment or any award, settlement or agreement binding on the employer and the employee in such establishment, I if such rights oy privileges are more favourable to him than those to which he would be entitled under this Act.
33. Cognizance of offence.-No court shall take cognizance of any offence punishable under this Act .or any rule .made thereunder save on a LatestLaws.com
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complaint made by the employee concerned or by the Chief Inspector appointed under this Act or by an Inspector having jurisdiction over the area in which the establishment is situated.
34. Power to-make rules.-(I) The Government may, by notification, make rules1 for the purpose of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generalityof th.e foregoing power, such rules may provide for all or any of the following rnatlers, namely :-
(a) the manner and form in which the registers and notices shall be kept ;
(6) the officers who may be empowered to inspect registers and call for information as required by this Act ;
(c) the agency by which and the manner in which prosecutior:~ under this Act shall be instituted;
(d ) the form of the statement under sub-section (1) of section 13, the particullars to be contained in such statement, the manner in which registra:ion is to bc mzde under sub-section (2) of that section, the form of registration certificate, the form for notify:rg a change under sub-section (4) of that sectioii and the fees payable for such registration and renewal thereof;
(e) the authority to and the manner in which any notice required by this Act shall be given;
(f) the conditions subject to which any exemption under this Act may be granted;
(g) the manner in which the employer of an es4ablishmrnt shall keep exhibited in the premises notices setting fcath the close day, closing and opening hours and other prescribed particulars;
(h) to safeguard health, safety and welfare of the employees while on duty; and
(i) any other matter which has to be, or may be, prescribed..
(3) All rules made under this Act, shall be subject to the condition of previous publication.
(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of tEe rctsicn jn which it is so laid or the sessions aforesaid, thc A:scrrbly makes any med.ifica- tion in the rule or decides that the rule skould not be mzde, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to validity of anything previously done under that rule. ------- ------ -------- -
1. Rules framed vide Not. No. 13-6/71 ST, dt. 5-8-1972 (appended)
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35. Repeal and savings.-The Punjab Trad.e Employees Act, 1940 (Punjab Act 10 of 1940) (as extended to the Unioh territoty of Himachal Pradesh by Government of India late Ministry of States Notification No. 11-J,
dated 18-1 -1951) and the Punjab Shops and Commercial Establishmellts Act, 1958 (Punjab Act 15of 1958) as in force in the territories ad.ded to Hirnachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (Central Act 31 of 1966) are hereby repealed :
Provided that,-
(a) every appointment, order, rule, bye-law, regulation, notification or notice made, issued or given under the provisions of any of the said Acts shall in so far as it is not inconsistent with the provisions of this Act, be deemed to have been mad.e, issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rules, bye-law, regulation, notification or notice made, issued or given under this Act ;
( b ) any proceeding relating to the trial of any offewe punishable under the provisions of any of the said Acts, sha 1 be continued and completed as if that Act has not been repealed, but has continued in operation, and any penalty imposed in suck proceeding, shall be recovered under that Act.
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