RAJASTHAN SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958
(1) This Act may be called the Rajasthan Shops and Commercial Establishments Act, 1958.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint in this behalf.
(4) It shall apply, in -the first instance, to such areas as the State Government may specify by notification in the Official Gazette.
(5) The State Government may, after giving three months notice of its intention of so doing, by notification in the Official Gazette, extend the provisions of the Act or any of them to such other areas as may be specified.
In this Act, unless there is anything repugnant in the subject of context:--
(1) "apprentice" means a person, aged not less than twelve years, who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft or employment in any establishment;
(2) "closed" means not open for any purpose whatsoever;
(3) "commercial establishment" means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which the persons employed are mainly engaged in office work, a hotel, a restaurant, boarding or eating house, cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes every such establishment as the State Government may by notification in the Official Gazet
(1) Nothing in this Act shall apply to --
(a) offices of or under the Central or any State Government or local authorities;
(b) offices of the Reserve Bank of India;
(c) establishments for the treatment of the care of the infirm, or the mentally unfit;
(d) persons whose work is inherently intermittent such as travellers or caretakers;
(e) fairs or bazars for sale of work for charitable or other purposes from which no private profit is derived; and
(f) libraries at which the business of lending books or periodicals is not carried on for purposes of gain other than that of making profit for charitable, philanthropic, religious or educational objects.
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(1) Within the period specified in sub-section (3), the employer of every establishment shall send to the Inspector of the area concerned a statement in the prescribed form, together with such fees as may be prescribed, containing-
(a) the name of the employer and the manager, if any;
(b) the postal address of the establishment;
(c) the name, if any, of the establishment; and
(d) such other particulars as may be prescribed.
(2) On receipt of the statement and the fees, the Inspector shall, on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such manner as may be prescribed and shall issue, in a prescribed form, a registration certifica
It shall be the duty of an employer to notify to the Inspector, in the prescribed form, any change in respect of any information contained in his statement under section 4 within seven days after the change has taken place. The Inspector shall, on receiving such notice and on being satisfied about its correctness, make the change in the register of establishments in accordance with such notice and shall amend the registration certificate or issue a fresh registration certificate, if necessary.
The employer shall, within ten days of his closing an establishment, notifly to the Inspector in writing accordingly. The Inspector, shall, on receiving the information and being satisfied about its correctness, remove such establishment from the register of establishments and cancel the registration certificate.
(1) No employee in any establishment shall be required or allowed to work for more than nine hours in any day and forty-eight hours in any week:
Provided that the total number of hours of work including overtime shall not exceed ten hours in any day except on days of stock taking and preparation of accounts:
Provided further that the total number of over-time hours worked by an employee shall not exceed fifty in a quarter.
(2) No child between the ages of twelve and fifteen shall be allowed to work in any employment for more than three hours in a day.
(1) Where an employee works in any establishment for more than nine hours in any day or for more than forty eight hours in any week he shall in respect of such over-time work be entitled to wages at the rate of one and a half times the ordinary rate of wages.
(2) For the purposes of this section, 'ordinary rate of wages' means the basic wages plus such allowances, including the cash equivalent of the advantage according through the concessional sale to workers of food-grains and other articles, as the worker is for the time being entitled to, but does not include bonus.
(3) The cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard fami
The period of work of an employee in an establishment each day shall be so fixed that no period shall exceed five hours and that no such person shall work for more than five hours before he has had an interval for rest of at least half-an-hour.
The period of work of an employee in an establishment shall be so fixed that, inclusive of his interval of rest, it shall not spread-over more than twelve hours on any day.
(1) No establishment shall, on any day, be opened earlier than and closed later than such hour as may be fixed by a general or special order of the State Government made under sub-section (2).
(2) The State Government may, after making an inquiry in the prescribed manner, by general or special order fix the time at which any establishment or class of establishments shall be opened or closed in any local area.
(1) Every establishment shall remain closed for one day of the week. The employer shall fix such day at the beginning of the year, notify it to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the shop or commercial establishment. The employer shall not alter such day more often than once in six months, and shall notify the alteration to the Inspector and make the necessary change in the notice in the shop or commercial establishment.
(2) Notwithstanding anything contained in sub-section (1) the State Government may allow an establishment to remain open througout the week, if they are satisfied that the establishment employs additional staff for meeting the requirements of sub-section (3).
(3) Every employee in an establishment shall be given at least one whole day in a week as a holiday for rest.
The provisions of this Chapter shall not operate to the prejudice of any rights to which an employee may be entitled under any other law or under the terms of any award, agreement or contract of service:
Provided that where such award, agreement or contract of service provides for a longer leave with wages or weekly holidays than provided in this Chapter the employee shall be entitled to only such longer leave or weekly holiday as the case may be.
(1) Every employee who has worked for a period of 240 days or more in an establishment during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of:--
(i) if an adult, one day for every twelve days of work performed by him during the previous calendar year.
(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation 1- For the purpose of this sub-section-
(a) any day of lay off, by agreement or contract or as permissible under the standing orders.
(b) in the case of female employee, maternity leave for any number of days not exceeding twelve weeks and
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Legal Comments- Introduction - Section 14 of the Rajasthan Shops and Commercial Establishments Act, 1958 governs penalties for non-compliance with the Act, including procedural irregularities in termination, reinstatement, wages, or related relief. [Rajendra Kumar Soni VS Authority under Sec. 20 of Rajasthan Shops and Commercial Establishments Act - 1993 0 Supreme(Raj) 338]- What Section Says - Section 28A empowers a prescribed authority to reinstate a dismissed or discharged employee with back wages or other relief, subject to compliance with notice or wages in lieu thereof; Section 14 deals with penalties and enforcement. [Bhilwara Sahkari Upbhokta Wholesale Bhandar Ltd. VS Prescribed Authority - 1982 0 Supreme(Raj) 112], [Ramgopal VS Mahesh Shikshan Sansthan, Jodhpur - 1996 0 Supreme(Raj) 900]- Essential ingredients - Existence of an establishment, its classification as a shop or commercial establishment, compliance with due process in termination (notice or wages in lieu), conduct of a domestic enquiry if misconduct; jurisdiction of the prescribed authority; and alignment with related Acts (Industrial Disputes Act, 1947, etc.). [Railway Employees Cooperative Banking Society Ltd. , Jodhpur VS Authority under Shops and Commercial Establishments Act - 1999 0 Supreme(Raj) 1254], [017000288?] - Scope of Section - Section 28A applies to termination or dismissal disputes concerning employees of shops and commercial establishments, subject to exemptions (e.g., establishments exempted under Section 3 or those governed by other statutes). It interacts with Industrial Disputes Act where applicable. [Rajasthan State Cooperative Housing Federation Ltd. , Jaipur VS Prescribed Authority under the Raj. Shops and Commercial Establishments Act, 1958, Ajmer - 1996 0 Supreme(Raj) 1304], [Sikar Kendriya Shakari Bank Ltd. VS Prescribed Authority under Rajasthan Shops & Commercial Establishment Act (9) - 1992 0 Supreme(Raj) 39]- Punishment for Section - Violations may attract orders of reinstatement with back wages or compensation, and in some cases, the authority’s orders being final; penalties under the Act for non-compliance (e.g., failure to register, non-compliance with weekly holidays) can lead to prosecution or penalties per sections 4–14, 15–26, etc. [State of Maharashtra VS Gambbirdas Amarchand - 1970 0 Supreme(Bom) 49], [01700006658]- Jurisdictional notes - Several judgments hold that establishments exempted under Section 3 (e.g., government offices, certain cooperative structures) are not subject to Section 28A; others hold that co-operatives and banks may fall within or outside depending on statutory interpretation and notifications. [Chief Executive Officer, Ganganagar Sugar Mills Ltd. VS Madanlal Pasricha - 1995 0 Supreme(Raj) 1089], [Ramgopal VS Mahesh Shikshan Sansthan, Jodhpur - 1996 0 Supreme(Raj) 900], [Sikar Kendriya Shakari Bank Ltd. VS Prescribed Authority under Rajasthan Shops & Commercial Establishment Act (9) - 1992 0 Supreme(Raj) 39], [Bhilwara Sahkari Upbhokta Wholesale Bhandar Ltd. VS Prescribed Authority - 1982 0 Supreme(Raj) 112]- Employee definition - The Act defines “employee” broadly and may include staff of establishments outside the Factory Act framework; however, in certain cases, employees of factories or establishments governed by the Factory Act are exempt from the Rajasthan Act’s operative provisions. [Rajendra Kumar Soni VS Authority under Sec. 20 of Rajasthan Shops and Commercial Establishments Act - 1993 0 Supreme(Raj) 338], [G. M. , Lake Palace Hotel VS Ranjit Singh - 1992 0 Supreme(Raj) 33]- Shop vs. establishment - The definition of “shop” and “commercial establishment” (Sections 2(17), 2(3)) interacts with other Acts, and courts have treated professional establishments, charitable trusts, and government offices differently, sometimes excluding them from applicability. [State of Rajasthan VS Sampatmal - 1982 0 Supreme(Raj) 427], [Rajmata Badheliji Surdarshan Kumariji of Junagarh, Bikaner VS State Of Rajasthan - 1994 0 Supreme(Raj) 600]- Interaction with Factories Act - In cases where an establishment is part of a factory, or where employees fall within the Factory Act, Section 28A may be inapplicable; the other Act's remedies may prevail or be exclusive depending on the facts and nexus. [Rajendra Kumar Soni VS Authority under Sec. 20 of Rajasthan Shops and Commercial Establishments Act - 1993 0 Supreme(Raj) 338], [State of Rajasthan VS Laxmi Niwas. - 1983 0 Supreme(Raj) 291]- Resignation vs. termination - In private employment, unconditional resignation may end the contract without Section 28A relief; the mechanics of acceptance and withdrawal have been considered in several cases, with emphasis on the moment of effective termination. [RESIGNATION- WITHDRAWAL sources: Devi Singh VS Authority Under Section 28A(2) of Rajasthan S op and Commercial Establishment Act, Jaipur - 1976 0 Supreme(Raj) 377]- Limitation and res judicata - Courts have addressed the time limits for Section 28A petitions and the bar of constructive res judicata when a challenge has already been raised under writs; delay can be disallowed in certain scenarios. [Project Officer VS Registrar, Rajasthan Co - 1995 0 Supreme(Raj) 730]- Validity of prescribed authority - The validity of the prescribed authority’s appointment and its jurisdiction can be questioned if there is lack of notification or constitutional defects; Validation Acts have, in some cases, clarified retrospective validity. [Tourist Guide Service, Panch Batti, Jaipur VS Shri B. D. Harsha - 1989 0 Supreme(Raj) 994]- Charitable trusts exclusion - Public charitable trusts are not “shops” or “commercial establishments” under the Act, and the prescribed authority lacks jurisdiction over disputes arising from such trusts. [Rajmata Badheliji Surdarshan Kumariji VS State of Rajasthan - 1994 0 Supreme(Raj) 28], [Rajmata Badheliji Surdarshan Kumariji of Junagarh, Bikaner VS State Of Rajasthan - 1994 0 Supreme(Raj) 600]- Cooperative societies - The Act’s applicability to cooperatives depends on statutory framework; some courts held that the Shops Act is not applicable where cooperative laws govern conditions of service, with Rule 41 of Rajasthan Cooperative Societies Rules (1966) giving power to set terms. [B. N. K. Sahakari Wholesale Upbokta Bhandar Ltd. VS Prescribed Authority under Raj. Shop & Commercial Establishment Act - 1985 0 Supreme(Raj) 727], [Bhilwara Sahkari Upbhokta Wholesale Bhandar Ltd. VS Prescribed Authority - 1982 0 Supreme(Raj) 112]- Pension and gratuity overlap - Educational institutions and other establishments may fall under the Payment of Gratuity Act even if not traditionally a commercial establishment; Supreme Court precedents confirm cross-acts applicability where law requires. [Ramgopal VS Mahesh Shikshan Sansthan, Jodhpur - 1996 0 Supreme(Raj) 900], [SECRETARY, BOARD OF SECONDARY EDUCATION AND TEACHERS TRAINING VS SUNIL KUMARLAL - 1999 0 Supreme(MP) 630]- Employment in banks/cooperatives - Exemptions exist for certain banks and apex cooperatives; the presence of notification extending exemptions can determine applicability to employees and relief under 28A. [Sikar Kendriya Shakari Bank Ltd. VS Prescribed Authority under Rajasthan Shops & Commercial Establishment Act (9) - 1992 0 Supreme(Raj) 39]- Domestic enquiry - Authority may allow employer to substantiate charges where enquiry is defective, with proviso considerations on misconduct definitions under state rules; this affects the scope of Section 28A relief. [Jweller Association VS Presiding Officer Appointed under Section 28 A of the Raj. Shops and Commercial Establishment Act, 1958 - 1988 0 Supreme(Raj) 811]- Procedure requirements - Post-termination relief must follow prescribed procedure in Section 28A(1) and Rule 24-B; non-compliance can render orders void or require remand for proper conduct. [Bhilwara Sahkari Upbhokta Wholesale Bhandar Ltd. VS Prescribed Authority - 1982 0 Supreme(Raj) 112]- Finality of orders - Some judgments treat Section 28A(5) orders as final and binding, limiting further challenges unless gross procedural violations are evident. [Bhilwara Sahkari Upbhokta Wholesale Bhandar Ltd. VS Prescribed Authority - 1982 0 Supreme(Raj) 112]- Cross-acts harmony - Courts have favored a harmonious approach, allowing 1947 Act remedies to coexist with Shops & Establishments Act, where not repugnant, particularly in termination disputes. [Ram Sumer VS Presiding Officer, Industrial-cum-labour Court-i - 1996 0 Supreme(P&H) 926], [Sikar Kendriya Shakari Bank Ltd. VS Prescribed Authority under Rajasthan Shops & Commercial Establishment Act (9) - 1992 0 Supreme(Raj) 39]- Evidence standard - Where the evidence shows establishment status as a commercial establishment, the Authority’s findings are accorded deference unless patently erroneous. [Railway Employees Cooperative Banking Society Ltd. , Jodhpur VS Authority under Shops and Commercial Establishments Act - 1999 0 Supreme(Raj) 1254]- Impact of amendments - Amendments to 2(14) and related provisions modernize the authority's composition and strengthen validity of appointments; courts will consider these in jurisdictional challenges. [Tourist Guide Service, Panch Batti, Jaipur VS Shri B. D. Harsha - 1989 0 Supreme(Raj) 994]
Note: The above points synthesize the themes arising from the provided sources, cited in square brackets after each point. If a point pertains to a fact or aspect not covered by the sources listed, it has been omitted.
(1) For the leave allowed to him under section 14 an employee shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he worked during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of an advantage accruing through the concessional sale to the employees of foodgrains and other articles.
(2) The cash equivalent of the advantage accruing through the concessional sale to the employee of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family.
Explanation 1. -- "Standard family" means a family consisting of an employee, his or her spouse and two children below the age of fourteen y
An employee, who has been allowed leave for not less than four days in the case of an adult, and five days in the case of a child, shall before his leave begins be paid the wages due for the period of leave allowed.
Any sum required to be paid by an employer under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (Central Act IV of 1936).
The State Government may make rules directing employers to keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by Inspectors.
Where the State Government is satisfied that the leave rules applicable to employees in an establishment provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision it may, by written order, exempt the establishment from all or any of the provisions of this Chapter subject to such conditions as may be specified in the order.
(1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (Central Act IV of 1936), herein referred to as "the said Act", the State Govt. may by notification in the Official Gazette, direct that, subject to the provisions of sub-section (2) of the said Act or any of the provisions thereof shall apply to all or any class of employees an establishment to which this Act applies.
(2) On the application of the provisions of the said Act to any establishment under sub-section (1), the Inspector appointed under, this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act within the local limits of his jurisdiction.
No child who has not completed the age of twelve shall be required or allowed to work in any establishment.
Prohibition of employment during night-No woman or child between the ages of 12 and 15 shall be required or allowed to work whether as an employee or otherwise, in any establishment during night.
No owner or manager of an establishment shall knowingly employ a woman, and no woman shall engage in employment in any establishment, during the six weeks following the day on which she is delivered of a child.
(1) If any woman employed in an establishment who is pregnant gives notice either orally or in writing in the prescribed form to the employer that she expects to be delivered of a child within six weeks from the date of such notice, the employer shall permit her, if she so desires, to absent herself from work upto the day of her delivery:
Provided that the employer may, on undertaking to defray the cost or such examination, require the woman to be examined by a qualified medical practitioner or midwife, and if the woman refuses to submit to such examination or is certified on such examination as not pregnant or not likely to be delivered of a child within six weeks, he may refuse such permission.
(2) The examination referred to in the proviso to sub-section (1) shall, if the woman so desires, be carried out by woman.
The absence of a woman, during the period she is entitled to maternity benefit under this Act or due to illness medically certified to arise out of pregnancy or confinement, shall be treated as authorised absence on leave.
(1) Every woman employed in an establishment who has been continuously employed in that establishment or in establishments belonging to the owner of that establishment for a period of not less than six months preceding the date of her delivery shall be entitled to receive and the employer shall be liable to make to her a payment of maternity benefit which shall be prescribed by the State Government for every day during the six weeks immediately preceding and including the day of her delivery and for each day of the six weeks following her delivery:
Provided that no such payment shall be made for any day on which she attends work and receives payment therefore during the six weeks proceedings her delivery.
(2) The manner in which the maternity benefit shall be payable, may be prescribed by the State Government.
Any woman employed in an establishment who is delivered of a child shall, while she is nursing her child, be allowed half-an hour twice a day during her working hours for this purpose in addition to regular intervals for rest.
(1) When a woman absents herself from work under section 25, it shall be unlawful for the employer to dismiss her during or on account, of such absence, or to give notice of dismissal on such a day that the notice will expire during such absence.
(2) The dismissal of a woman at any time within six months before she is delivered of a child, if the woman but for such dismissal, would have been entitled to maternity benefit under this Act, shall not have the effect of depriving her of that maternity benefit if the Inspector is satisfied that her dismisal was without sufficient cause.
(1) No employer shall dismiss or discharge from his employment any employee who has been in such employment continuously for a period of not less than 6 months except for a reasonable cause and after giving such employee at least one month's prior notice or on paying him one month's wages in lieu of such notice:
Provided that such notice shall not be necessary where the services of such employee are dispensed with for such misconduct, as may be defined in the rules made by the State Government in this behalf, and supported by satisfactory evidence recorded at an enquiry held for the purpose in the prescribed manner.
(2) Every employee so dismissed or discharged may make a complaint in writing in the prescribed manner to a prescribed authority within 30 days of the receipt of the order of dismissal or discharge on one or more of the follo
(1) No employee who has been in continuous employment of an employer for a period of not less than 6 months shall leave the service of such employer without giving him one month's notice in writing.
(4) Where an employee contravenes the provision of sub-section (1), his employer may forfeit his unpaid wages for a period not exceeding one month or for the number of days by which the notice falls short of one month or he may apply to the prescribed authority appointed under section 28-A for awarding suitable money compensation against such an employee.
(1) The State Government may, by notification, appoint such persons or such class of persons as it thinks fit to be Inspectors for the purposes of this Act within such local limits as it may assign to them respectively.
(2) The State Government may hand over the administration' of this Act, and with it the power to appoint Inspectors, to local authorities generally or to any particular local authority.
Subject to any rules made by the State Government in this behalf, an Inspector may within the local limits for which he is appointed-
(a) enter, at all reasonable times and with such assistants, it' any, being persons in the service of the 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 registers, records, and notices and take on the spot or otherwise evidence of any persons as he may deem necessary, for carrying out the purposes of this Act; and
(c) exercise such other powers as may be necessary for carrying out the purposes of this Act:
Provided that no one shall be required under this section to answ
Every Inspector appointed under section 29 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Every employer shall on demand produce for inspection of an Inspector, all registers, records and notices required to be kept under and for the purposes of this Act.
(1) Whoever contravenes any of the provisions of sections 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 23, 24, 25, 26, 28, 28-A and 28-B shall, on conviction, be punishable with fine which, for a first offence may extend to two hundred and fifty rupees and, for a second or any subsequent offence, may extend to five hundred rupees.
(2) Whoever contravenes any of the provisons of sections 8, 16, 21, 22, 27, 32 and 36 shall on conviction, be punishable with fine which may extend to fifty rupees.
(1) No prosecution under this Act or the rules or orders made thereunder shall be instituted except by an Inspector appointed under section 29 or except with the previous sanction of the State Government or the local authority as the case may be.
(2) No court inferior to that of a Magistrate of a Second Class shall try any offence punishable under this Act or any rules or orders made thereunder.
No court shall take cognizance of any offence under this Act or any rule or order made thereunder, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed.
Subject to the general or special orders of the State Government, an employer shall maintain such registers and records and display on the premises of his establishment such notices as may be prescribed. All such registers and records shall be kept on the premises of the establishment to which they relate.
Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to 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, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.
The provisions of the Workmen's Compensation Act, 1923 (Central Act VIII of 1923) and the rules there under shall, mutatis mutandis apply to every employee of a shop or commercial establishment.
No suit, prosecution or other legal proceeding-shall lie against any person for anything which is in good faith done or intended to be done under this Act.
(1) The State Government may, by notification in the Official Gazette, make rules for the purpose of carrying in to effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, rules made under sub-section (1) may provide in respect of the health, safety and welfare of employees.
(3) In making rules under this section, the State Government may provide that a contravention of the rules shall be punishable with fine, which may extend of fifty rupees.
(4) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.
On and from the date of commencement of this Act in any area the enactments specified in the Schedule shall stand repealed in so far as they apply to such area:
Provided that anything done in relation thereto under the enactments so repealed, which could have been done under this Act, if it had then been in force in that area, shall be deemed to have been done under this Act.
THE SCHEDULE
(See section 41)
1. The Weekly Holidays Act, 1942 (Central Act XVIII of 1942).
2. The Ajmer Shops and Commercial Establishments Act, 1956.
3. The Madhya Bharat Shops and Establishments Acts Samvat 2009 (1952 A.D.) in so far as it applies to the Sunel Tappa of Bhanpura tehsil of Mandsaur district in the pre-reorganisation State of Madhya Bharat.
4. The Bombay Shops and Establishments Act, 1948 in so far as it applies to the Abu Road taluka of Banaskantha district in the pre-reorganisation State of Bombay.
5. All corresponding laws in force in any part of the State of Rajasthan.
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