DELHI SHOPS AND ESTABLISHMENTS ACT, 1954
(1) This Act be called the Delhi Shops and Establishments Act, 1954.
(2) It extends to the whole of Union Territory of Delhi.
(3) It shall come into force on such 11. 1st February 1955, vide Notification No. F23(5)/51-1 and L, dated 17.1.1955. date as Government may, by notification in Official Gazette, appoint in this behalf.
(4) It shall apply in the first instance only to the municipal areas, Notified Areas and Cantonment limits of Delhi, New Delhi, Shahdara, Civil Lines, Mehrauli, Red Fort and Delhi Cantonment but Government may, 22. Subs. by Delhi Act No. 6 of 1955, "by notification". [by notification in the Official Gazette,] direct that it shall come into force in any other local area or areas or shall apply to such shops or establishments or class of shops and establishments in such ot
In this Act, unless the context otherwise requires
(1) "adult" means a person who has completed his eighteenth year of age;
33. Ins. by Act No. 33 of 1970. "(1A) "Apprentice means a person 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) "child" means a person who has not completed his twelfth year of age;
(3) "close day" means the day of the week on which a shop or commercial establishment remains closed;
(4) "closing hour" means the hour at which a shop or commercial establishment closes;
(5) "commercial establishment" means any premises wherein any trade, busin
Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to at the date this Act comes into force under any other law, contract, custom or usage applicable to such establishment or an 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.
Notwithstanding anything contained in this Act, the provisions of this Act mentioned in the third column of the Schedule shall not apply to the establishment, employees and other persons mentioned against them in the second column of the said schedule;
Provided that the Government may, by notification published in the Official Gazette, add to, omit or alter any of the entries of the said schedule, and on the publication of such notification the entries in either column of the said schedule shall be deemed to be amended accordingly.
(1) 11. Subs, by Delhi Act No. 6 of 1955, for the words "Within 30 days from the date on which this Act comes into force." [Within the period specified in sub-section (5)], the occupier of every establishment shall send to the Chief Inspector a statement in a 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;
(d) the category of the establishment, i.e., whether it is a shop, commercial establishment, residential hotel, restaurant, eating theatre or other place of public amusement or entertainment.
(e) 22. Subs, by Delhi Act No. 6 of 1955, for
It shall be the duty of the occupier to notify to the Chief Inspector, on a prescribed form, any change in respect of any information contained in his statement under sub-section (1) of Section 5 within 11. Subs. by Act No. 33 of 1970. [thirty] days after the change has taken place. The Chief Inspector shall on the receipt of such notice and the prescribed fee 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 occupier shall within fifteen days of his closing the establishment, notify to the Chief Inspector in writing accordingly. The Chief Inspector shall on receiving the information and being satisfied about the nature of closure remove such establishment from the register of establishments and cancel the registration certificate:
Provided that the Chief Inspector may not, if satisfied that the establishment is likely to re-start within a period of six months, remove it from the Register of Establishments and cancel the registration certificate.
No aduit shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly:
Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed, any aduit employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that the aggregate hours so worked shall not exceed 150 hours in a year,
Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector and that any person employed on overtime shall be entitled to remuneration for such overtime wor
No person shall work about the business of an establishment or two or more establishments or an establishment and a factory in excess of the period during which he may be lawfully employed under this Act.
[. 11. Subs, by Act No. 33 of 1970. .
(1) The period of work of an adult employee in an establishment each day shall be so fixed that no period of continuous work shall exceed five hours and that no employee shall be required or allowed to work for more than five hours before he has had an interval for rest and meals of at least half an hour.
(2) The time for such interval shall be fixed by the employer and intimated to the Chief Inspector a week before such fixation and shall remain operative for a period of not less than three months.]
The periods of work on any day of an adult person shall be so arranged that inclusive of his interval for rest or meals as required under section 10, they shall not spread over for more than ten and a half hours in any commercial establishment or for more than twelve hours in any shop.
No child shall be required or allowed to work whether as an employee or otherwise in any establishment, notwithstanding that such child is a member of the family of the employer.
(1) No young person shall be required or allowed to work about the business of an establishment for more than six hours a day.
(2) No young person shall be employed continuously for more than three and a half hours without an interval of at least half an hour or rest for meals and the spread over shall not exceed eight hours on any day.
No young person, or woman shall be allowed or required to work whether as an employee or otherwise in any establishment between 9 p.m. and 7 a.m. during the summer season and between 8 p.m. and 8 a.m. during the winter season.
[. 22. Subs, by Central Act No. 21 of 1961.
(1) No shop or commercial establishment shall on any day, be opened earlier than such hour or closed later than such hour, as may be fixed by the Government by general or special order made in that behalf:
Provided that any customer who was being served or was waiting to be served in any shop or commercial establishment at the closing hour so fixed may be served during the period of fifteen minutes immediately following such hour.
(2) Before making an order under sub-section (1), the Government shall hold an inquiry in such manner as may be prescribed.
(3) The Government may, for the purposes of this section, fix different opening hours and different closing hours for different classes of shops or commer
(1) Every shop and commercial establishment shall remain closed on a close day,
(2) In addition to the close day every shop and commercial establishment shall remain closed on three of the National holidays each year as the Government may 11. Ins. by Act No.33 of l970. [by notification in the Official Gazette] specify.
(3)
(i) The Government may, by notification in the Official Gazette, specify acloseday for the purposes of this section and different days may be specified for different classes of shops or commercial establishments or for different areas",
(ii) Notwithstanding anything contained in sub-section (1), the occupier of any shop or a commercial establishment may open his shop or commercial establishment on a close day, if such a day happe
Period of rest (weekly holiday) Every employee shall be allowed at least twenty- four consecutive hours of rest (weekly holiday) in every week, which shall, in the case of shops and commercial establishments required by this Act to observe a close day, be on the close day.
No deduction shall be made from the wages of any employee on account of the close day under section 16 or a holiday granted under section 17 of this Act. If an employee is employed on a daily wage, he shall none the less be paid his daily wage for the holiday and where an employee is paid on piece rates, he shall receive the average of the wages received during the week.
(1) The wages of an employed person shall be paid to him without deduction of any kind except those specified in sub- section (2).
Explanation Every payment made by the employed person to the employer or his agent or the manager shall for the purpose of this Act be defined to be a deduction from wages.
(2) Deduction from the wages of an employee shall be of one or more of the following kinds, namely
(i) Fines;
(ii) Deductions for absence from duty;
(iii) Deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;
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(1) The Government may by notification in the Official Gazette, appoint any Commissioner for Workmens Compensation Act or other officer with experience as a Judge of a Civil Court or as a Stipendiary Magistrate to be the authority to hear and decide all claims arising out of delayed payment or non-payment of earned wages of an employee employed in any establishment;
(2) application for any such claim may be made to the authority appointed under sub- section (1) by the employee himself 11. Ins. by Act No.33 of l970. [or any official of a registered trade Union authorised in writing to act on his behalf] or any legal practitioner or the Chief Inspector for a direction under sub-section (3):
Provided that every such application should be presented within 11. Ins. by Act No.33 of l970. [one year] from the date the claim for such wages has b
[. 11. Subs. by Act No. 33 of 1970. . "
(1) Every person employed in an establishment shall be entitled
(a) after every twelve months continuous employment, to privilege leave for a total period of not less than fifteen days.
(b) in every year, to sickness or casual leave for a total period of not less than twelve days;
Provided that
(i) an employee who has completed a period of four months in continuous employment, shall be entitled to not less than five days privilege leave every such completed period; and
(ii) an employee who has completed a period of, one month in continuous employment, shall be entitled to not less than one day" casual leve for every m
Every employee shall be paid for the period of his leave at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime but inclusive of dearness allowance.
[. 11. Subs. by Act No. 33 of 1970. Any contract or agreement whether made before or after the commencement of the Delhi Shops and Establishment (Amendment) Act, 1970, whereby an employee relinquishes any right conferred by this Act, shall be null and void in so far as it purports to deprive him of such right.]
The premises of every establishment shall be kept clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be prescribed. These methods may include lime washing, colour washing, painting and disinfecting.
(1) The premises of every establishment shall be kept sufficiently lighted and ventilated during all working hours.
(2) Suitable arrangements shall be made for supply of drinking water to the employsees.
If it appears to an Inspector that the premises of any establishment within his jurisdiction are not sufficiently lighted, cleaned or ventilated, he may serve on the employer an order in writing specifying the measures which in his opinion should be adopted and requiring them to be carried out before a date specified in the order. The Government may prescribe standards in respect of any of these matters.
In every establishment except such establishments or class of establishments as may be prescribed, such precautions against fire shall be taken as may be prescribed.
The provisions of Workmens Compensation Act, 1923 (8 of 1923) and of rules made thereunder, shall apply mutatis mutandis to every employee of an establishment.
(1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one months notice in writing or wages in lieu of such notice :
Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct, after giving him an opportunity to explain the charge or charges alleged against him in writing.
(2) No employee who has put in 3 months continuous service shall terminate his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one months notice he will be released from his employment on payment of an amount equal to one months pay.
(3) In any case instituted for a contravention
Where any retail trade or business which is exempted from all or any of the provisions of the Act, is carried on along with other retail trade or business, the exemption shall not apply to that part of trade or business which is not exempted from the provisions of the Act.
No person shall carry on any retail trade or business of any class near any shop or commercial establishment at any time before the opening and after the closing hours and on the close day, and if any person carries on any such trade or business in contravention of this section, this Act shall apply as if he were the occupier of the shop or commercial establishment which was being kept open in contravention of this Act.
(1) The occupier of every shop or commercial establishment, shall, in the prescribed form and in the prescribed manner, keep exhibited in the shop or establishment a notice setting forth the close day.
(2) The occupier of any shop or establishment about the business of which persons are employed, shall in the prescribed form and in the prescribed manner keep a record of the hours worked and the amount of leave taken by, and of the intervals allowed for rest and meals to every person employed about the business of the shop or establishment, and particulars of all employment overtime shall be separately entered in the record.
(3) The occupier of any shop or establishment about the business of which persons are employed shall in the prescribed form and in the prescribed manner keep exhibited in the shop or establishment notices setting fort
The employer shall furnish every employee with a letter or appointing. Such letters of appointment shall contain the following and such other particulars as may be prescribed, namely
(a) The name of employer.
(b) The name, if any, and the postal address of the establishment.
(c) The name, fathers name and the age of the employee.
(d) The hours of work.
(e) Date of appointment.
It shall be the duty of every occupier of a shop or establishment to produce for inspection of an Inspector, all accounts or records required to be kept for the purpose of this Act, and to give any other information in connection therewith as may be required.
The Government shall appoint a Chief Inspector and such Inspectors as may be necessary for the purpose of carrying out the provisions of this Act. The Chief Inspector and the Inspectors so appointed shall carry identity cards.
Subject to any rules made by the Government in this behalf, the Chief Inspector or an Inspector may
(a) enter at all reasonable times with such assistance as may be necessary any place which is, or, which is being used as 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 purpose of this Act;
(c) make copies of or take extracts from any book, registers or other documents maintained for the purpose of this Act;
(d) exercise such other powers as may be necessary for carrying out the purpose of this Act:
Provided that no one shall be required
The Chief Inspector and every Inspector appointed under section 36 shall be deemed a public servant within the meaning of section 21 of the Indian Penal Code, 1860.
No suit, prosecution, or other legal proceeding shall He against any public servant or any other person in the service of this Union territory acting under the 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 any rule or order made thereunder.
(1) If in any shop or establishment there is any contravention of any of the provisions of this Act, or any rule or order made thereunder except sections 33,41,42 the proprietor, the employer or the manager thereof, as the case may be, shall on conviction, be punished with fine which shall not be less than twenty-five rupees and which may extend to two hundred and fifty rupees.
(2) If any person contravenes the provisions of section 33, he shall be liable, on conviction, to a fine of Rs. 5 for everyday on which the contravention occurs or continues.
If any person with intent to deceive makes or causes or allows to be made in any record, register, or notice prescribed under section 33 an entry which is to his knowledge false in any material particular, or wilfully omits or causes or allows to be omitted from any such record, register or notice an entry required to be made therein, he shall be liable on conviction to an imprisonment for a term not exceeding three months or to a fine which shall not be less than fifty rupees and which may extend to two hundred and fifty rupees or to both.
Whoever wilfully obstructs an Inspector in the exercise of any power under section 37 or conceals any employee in an establishment from appearing before or being examined by an Inspector shall, on conviction, be punished with fine which shall not be less than fifty rupees and which may extend to two hundred and fifty rupees.
(1) Where the owner of an establishment is a firm or other association of individuals, any one of the individual parents or members thereof may be prosecuted and punished under this Act for any offence for which an employer in an establishment is punishable:
Provided that the firm or association may give notice to the Inspector that it has nominated one of its members who is resident in the Union Territory to be the employer for the purposes of this Act and such individual shall so long as he is so resident, be deemed to be the employer for the purposes of this Act until further notice cancelling the nomination is received by the Inspector or until he ceases to be a partner or member of the firm or association.
(2) Where the owner of an establishment is a company, any one of the directors thereof, or in the case of a private company any
Where the occupier of a shop or commercial establishment is charged with an offence against this Act or 11. Subs. by Delhi Act No. 6 of 1955, for the word "rules". [the rules or order] made thereunder, he shall be entitled, upon complaint duly made by him to have his agent or servant whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier proves to the satisfaction of the court
(a) that he had used due diligence to enforce the execution of this Act and 11. Subs. by Delhi Act No. 6 of 1955, for the word "rules". [the rules or order] made thereunder; and
(b) that the said agent or servant committed the offence in question without his knowledge, consent or connivance, or wilful neglect, or default, that agent or s
(1) No prosecution under this Act or the rules or orders made thereunder shall be instituted except by or with the previous sanction of the Chief Inspector appointed under the Act.
(2) No court inferior to that of 22. Subs. by Delhi Act No. 6 of 1955, for the words "Magistrate first class". [Magistrate of the first class] shall try any offence under this Act or any rule or order made thereunder.
Nothing in this Act shall apply to
(a) any office of or under the Central Government, or Delhi Administration;
(b) 33. Subs. by Delhi Act No. 6 of 1955. [any office of any local authority, any Railway Administration, the Reserve Bank of India, 44. Subs. by Delhi Act No. 21 of 1961. [the Delhi Development Authority, the Delhi water supply and sewage Disposal undertaking, the Delhi Electric Supply undertaking and the Delhi
(c) any telegraph, telephone or postal service.
[. 11. Subs. by Delhi Act No. 21 of 1961. .
(1) The Government may, after previous publication make, by notification in the Official Gazette, rules to carry out the purposes of this Act.]
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely
(a) the manner and form in which the registers shall be kept;
(b) the manner and form in which any notice required by this Act shall be given;
(c) the conditions subject to which any exemption under this Act may be granted;
22.. Subs. by Delhi Act No. 21 of 1961. [(cc) the manner in which inquiry under sub-section (2) of sec
On and from the date of the commencement of this Act, the Punjab Trade Employees Act, 1940 Punjab Act 10 of 1940 as extended to Union Territory of Delhi shall be repealed:
Provided that -
(a) every appointment, order, rule, bye-law, regulation, notification or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rule, bye-law, regulation, notification or notice made, issued or given under this Act;
(b) any proceedings relating to the trial of any offence punishable under the provisions of the Act so repealed shall be continued and completed as if the said Act had no
[The provisions of General Clauses Act, 1897 (10 of 1897) shall apply for the interpretation of this Act as they apply for the interpretation of a Central Act.]
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Establishment of legal practitioner
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Banks bound by the award of the National Tribunal (Bank Disputes) popularly known as Desai Award published in the Gazette of India dated 30-6-62
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Foreign News Agencies
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Stals of Central and State Governments at fairs or Exhibitions which are organized mainly for showing development of industries, arts and science and are primarily meant to be educative and in
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