APPENDIX 2-I
TEXT OF
The Delhi Shops & Establishments Act, 1954
Arrangement of Sections
1. Short
title, extent, commencement and application.
2. Definitions.
3. Rights and
privileges under other law, etc. not affected.
4. Exemptions.
5. Registration
of establishments.
6. Change to
be communicated to the Chief Inspector.
7. Closing of
establishment to be communicated to the Chief Inspector.
8. Employment of adults, hours of work.
9. Restriction on double employment.
10. Interval for rest and meals
11. Spread over.
12. Prohibition of employment of children.
13. Employment of young persons-hours of work.
14. Young persons and women to work during day time.
15. Opening and closing hours of shops and
commercial establishment
16. Close day.
17. Period of rest (weekly holiday)
19. Time and Conditions of payment of wages.
20. Deductions which may be made from wages.
22. Leave.
24. Contracting Out
25. Cleanliness.
27. Power to enforce cleanliness etc.
29. Accidents.
32. Provisions as to trading elsewhere than in
shops.
33. Records.
34. Employer to furnish letters of appointment to
employees.
35. Inspection of Registers and calling for
information.
36. Appointment of Inspectors.
37. Powers and duties of Inspector.
38. Inspectors to be public servants.
39. Protection to persons acting under this Act.
40. Penalties.
41. Wilfully making false entries.
42. Penalty for obstructing Inspector.
43. Determination of employer for the purpose of
this Act
44. Exemption of occupier from liability in certain
cases.
46. Savings.
48. Repeal of Punjab Trade Employees Act, 1940 as
extended to the Union Territory of
Delhi.
49. Application of General Clauses Act, 1897
II Employees and other Persons
The Delhi Shops and Establishments Act,
1954
An Act to amend and
consolidate the law relating to the regulation of hours of work, payment of
wages, leave, holidays, terms of service and other conditions of work of
persons employed in shops, commercial establishments, establishments for public
entertainment or amusement and other establishments and to provide for certain
matters connected therewith.
It is hereby enacted as
follows: -
1. Short title,
extent, commencement and application.-
(1) This Act may 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 date as
Government may, by notification in the
Official Gazette, appoint in
this behalf.1
(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, 2(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 establishment or class of shops and establishments in such other areas as may be specified in the notification.
1. The Act came into force w.e.f 1.2.55
vide Notification No. F. 23(5)/51 L. dated 17.1.55.
2. Subs. by Act 6 of 1955.
2. Definitions. – In this Act, unless the context otherwise requires: -
(1) “Adult” means a person who has completed
his eighteenth year of age;
1[(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, business or profession or any work in connection
with, or incidental or ancillary thereto, is carried on and includes a society
registered under the Societies Registration Act, 1860 (XXI of 1860) and
charitable or other trust, whether registered or not, which carries on any
business, trade or profession or work in connection with or incidental or
ancillary thereto, journalistic and painting establishments, contractors and
auditors establishments, quarries and mines not governed by the Mines Act, 1952
(XXXV of 1952), educational or other institution run for private gain and premises
in which business of banking, insurance, stocks and shares, brokerage or
produce exchange is carried on, but does not include a shop or a factory
registered under the Factories Act, 1948 (LXIII of 1948), or theatres, cinemas,
restaurants, eating houses, residential hotels, clubs or other places of public
amusement or entertainment;
(6) “Day” means a period of twenty-four hours beginning at
mid-night;
Provided that in the case of an employee whose hours of work extend beyond midnight, day means the period of twenty-four hours beginning when such employment commences irrespective of midnight:
2[(7) “Employee” means a person
wholly or principally employed, whether directly or otherwise, and whether for wages,
(payable on permanent, periodical, contract, piece-rate or commission basis) or
other consideration, about the business of an establishment and includes an
apprentice and any person employed in a factory but not governed by the
Factories Act, 1948 (LXIII of 1948), and for the purpose of any matter
regulated by this Act, also includes a person discharged or dismissed whose
claims have not been settled in accordance with this Act;]
(8) “Employer” means the owner of any establishment about the business of which persons are employed, and where the business of such establishment is not directly managed by the owner, means the manager, agent, or representative of such owner in the said business;
(9) “Establishment” means a shop, a commercial establishment, residential hotel, restaurant, eating house, theatre or other places of public amusement or entertainment to which this Act applies and includes such other establishments as Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;
(10) “Factory” means a factory as declared or registered under the Factories Act, 1948 (LXIII of 1948);
(11) “Family” means the husband, wife, son,
daughter, father, mother, brother, sister or grand-son of an employer, living
with and wholly dependent on such employer;
(12) “Government” means the Chief Commissioner,
Delhi;3
(13) “Holiday” means a day on which an establishment shall remain closed, or on which an employee shall be given a holiday under the provisions of the Act;
(14) “Hours of work” or “working hours” mean the
time during which the persons employed are at the disposal of the employer
exclusive of any interval allowed for rest and meals and “hours worked” has a
corresponding meaning;
(15) “Inspector” means an Inspector appointed
under section 36 of the Act;
(16) “Leave” means leave as provided for under
this Act;
(17) “Occupier” means a person owning or having
charge or control of the establishment and includes the manager, agent of
representative of such occupier;
(18) “Opening hour” means the hour at which 4[a shop or commercial establishment] opens
for the service of a customer;
(19) “Prescribed” means prescribed by rules made under this Act;
(20) “Register of Establishments” means a register maintained for the registration of establishment under this Act;
(21) “Registration Certificate” means a certificate showing the registration of an establishment;
(22) “Religious festival” means any festival,
which the Government may by notification in the Official Gazette declare to be
a religious festival for the purposes of this Act;
1. Ins.
by Act 33 of 1970.
2. Subs. by Act 33 of 1970.
3. Now, Lt. Governor of Delhi (Author’s
Comments).
4. Subs. by Central Act 21 of 1961.
(23) “Residential hotel” means any premises in which business is carried on for the supply of dwelling accommodation and meals on payment of a sum of money by a traveller or any member of the public or a class of the public and includes a club;
(24) “Restaurant” or “eating-house” means any
premises in which is carried on wholly or principally the business of the
supply of meals or refreshment to the public or a class of the public for
consumption on the premises;
(25) “Retail trade or business” includes the
business of a barber or hair-dresser, the sale of refreshment of intoxicating
liquors, and retail sales by auction;
(26) “Schedule” means a schedule appended to this Act;
(27) “Shop” means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store-room, godown, warehouse or workhouse or work place, whether in the same premises or otherwise, used in or in connection with such trade or business but does not include a factory or commercial establishment;
(28) “Spread over” means the period between the commencement and the termination of the work of an employee on any day;
(29) “Summer” means the period covering the months of April, May, June, July, August and September;
(30) “Wages” means wages as defined in section 2
of the Minimum Wages Act, 1948 (XI of 1948);
(31) “Week” means a period of seven days
beginning at midnight on Saturday;
(32) “Winter” means the period covering the months
of October, November, December, January, February and March;
(33) “Year” means the calendar year;
(34) “Young
person” means a person who is not a child and has not completed his eighteenth
year of age.
3. Rights and privileges under other law, etc.
not affected. -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.
4. Exemptions.
-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 notifications the entries in either column of the said Schedule shall be deemed to be amended accordingly.
*5. Registration of establishments. -
(1) 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
house, theatre or other place of Public amusement or entertainment;
(e) The number of employees working about the business of the
establishment; and
(f) Such other particulars as may the fees, the Chief Inspector
shall, on being satisfied
(2) On receipt of the statement and the fees,
the Chief Inspector shall, on being satisfied about the correctness of the
statement, register the establishment in the Register of Establishment in such
manner as may be prescribed and shall issue, in a prescribed form, a
registration certificate to the occupier.
(3)
The
registration certificate shall be shall be prominently displayed at the
establishment and shall be renewed at such intervals as may be prescribed in
this respect.
(4) In the event of any doubt or difference of opinion between an occupier and the Chief Inspector as to the category to which an establishment should belong, the chief Inspector shall refer the matter to the Government which shall after such enquiry, as it may think proper, decide the category of each establishment and the decision thereto, shall be final for the purpose of this Act.
(5) Within ninety days from the date mentioned in column 2 below in respect of the establishment mentioned in column 1, the statement together with fees shall be sent to the Chief Inspector under sub-section (1).
Establishments |
Date from which the period
of 90 days is to commence |
(i)
Establishment existing in municipal areas, notified areas & cantonment
limits of Delhi, New Delhi, Shahdara, Civil Lines, Mehrauli, Red Fort and
Delhi Cantonment. |
The date on which this Act
comes into force |
(ii)Establishment existing in local areas in which this Act is
brought into force by notification under sub-section (4) of section1. |
The date on which this Act
comes into force in the local areas concerned |
(iii) New establishment in
areas mentioned in clauses (i) and (ii) of this sub-section. |
The date on which the
establishment commences its work |
*As per a news
item appearing in Hindustan Times New Delhi dt. 4.1.1990, Delhi Administration
had decided to do away with the registration of shops/commercial establishments
in the Union Territory of Delhi and is approaching the Government of India to
amend Section (5), (6) and (7) of the Delhi Shops and Establishments Act,
1954. Till the Act is amended the
requirement of registration/renewal/amendment has been kept in abeyance.
6. Change
to be communicated to the Chief Inspector. -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 1[thirty
days after the change has taken place]. The Chief Inspector shall on the
receipt of such notice and the prescribed foe 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.
1. Subs. by Act 33 of 1970.
7. Closing of
establishment to be communicated to the Chief Inspector. -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.
8. Employment of
adults, hours of work. -No adult 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 adult 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 work at twice the rate of his normal remuneration calculated by the hour.
Explanation. - For the purpose of calculating
the normal hourly wage the day shall be reckoned as consisting of eight hours.
9. Restriction
on double employment. -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.
1[10. Interval for rest and meals. -
(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.]
1. Subs. by Act 33
of 1970.
11. Spread over. -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.
12. Prohibition of employment of children. -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.
13. Employment of
young persons-hours of work.-
(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 for rest or meals and the spread over shall not exceed eight hours on any day.
14. Young persons
and women to work during day time. -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.
1[15. Opening and closing hours of
shops and commercial establishment. -
(1) No shop or commercial
establishment 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 (l), 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 commercial establishments or for different areas
or for different times of the year].
1. Subs. by Central Act 21 of 1961.
16. Close day. -
(l) 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 1[by
notification in the Official Gazette] specify.
2[(3) (i) The Government may, by notification in
the Official Gazette, specify a close day 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 happens
to coincide with a religious festival, “or the Mahurat day”, the day of the
commencement of the financial year of the establishment concerned, provided a
notice to this effect has been
given to the Chief Inspector at least twenty-four hours before the close day
and that in lieu thereof the shop or the commercial establishment is closed on
either of the two days immediately preceding or following that close day].
2. Subs. by Delhi Act 6 of 1955.
3. Subs. by Act 33 of 1970.
17. 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.
18. Wages for the
holiday. -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 nonetheless 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.
19. Time and
conditions of payment of wages.
-
(1) Every employer or his agent
or the manager of any establishment shall fix periods in respect of which wages
to the employee shall be payable and such person shall be responsible for the
payment to persons employed by him of all wages required to be paid under this
Acts
(2) No wage period, so fixed, shall exceed
one month.
(3) The wages of every employee in any shop
or establishment shall be paid on a working day before the expiry of the
seventh day of the last day of the wage period in respect of which the wages
are payable.
(4) All wages shall be paid in cash.
(5) Where the employment of any person is
terminated by or on behalf of the employer, the wages earned by him shall be
paid before the expiry of the second working day after the day on which his
employment is terminated.
20. Deductions,
which may be made from wages. -
(1) The wages of an employed person shall be paid to him without deduction of any kind except those specified in subsection (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 deemed to be a deduction from wages.
(2) Deductions 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;
(iv) Deductions for house accommodation
supplied by the employer;
(v) Deductions for such
amenities and services supplied by the employer as the Government may by
general or special order authorise;
Explanation. -The words 'amenities and
services' in this clause do not include the supply of tools and protectives required
for the purpose of employment.
(vi) Deductions for the recovery of advances or
for adjustment of over-payments of wages, provided that such advances do not
exceed an amount equal to wages for two calendar months of the employed person
and, in no case, shall the monthly instalment of deduction exceed one-fourth of
the wages earned in that month.
(vii) Deductions of income-tax payable by the
employed person;
(viii) Deductions required to be made by order of a
Court or other competent authority;
(ix) Deductions for subscription to, and for
repayment of advances from, any provident fund to which the Provident Fund Act,
1952 (XIX of 1952) applies or any recognized provident fund as defined in
section 2(38) of Income Tax Act, 1961 (43 of 1961) or any provident fund approved in this behalf by the Government during the continuance of such approval;
(x) Deductions for payment to co-operative
societies or to a scheme of insurance approved by the Government.
(3) Any employer desiring to impose a fine on an employed person or to make a deduction for damage or loss caused by him shall explain to him personally and also in writing the act or omission or the damage or loss, in respect of which the fine or deduction is proposed to be imposed or made, and give him an opportunity to offer any explanation in the presence of another person. The amount of the said fine or deduction shall also be intimated to him.
(4) The amount of fine or deduction mentioned in sub-section (3) shall be such as may be specified by the Government. All such deductions and realizations thereof shall be recorded in a register maintained in a form as may be prescribed.
(5) The amount of fine imposed under sub-section (3) shall be utilised in accordance with the directions of the Government.
(6) Nothing in this section shall be deemed to affect the
provisions of the Payment of Wages Act, 1936 (IV of 1936).
21. Claims
relating to wages. -
(1) The Government may, by notification
in the Official Gazette, appoint any Commissioner for Workmen's 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 l[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 subsection (3).
Provided that every such
application should be presented within 2[one
year] from the date on which the claim for such wages has become payable under
this Act:
Provided further that an
application may be admitted after the said period of 3[one year] when the applicant satisfies the
authority that he had sufficient cause for not making the application within
such period.
(3) When any application under sub-section
(2) is entertained, the authority shall hear the applicant and the employer, or
give them an opportunity of being heard and after such further enquiry, if any,
as it may consider necessary may,
without prejudice to any other penalty to which employer may be liable under
this Act, direct the payment to the employee of the amount due to him together
with the payment of such compensation as the authority may think fit, not
exceeding half the amount so due or Rs. 100, whichever is less.
(4) If the authority hearing any application under this section is
satisfied that it was either malicious or vexatious, it may direct that a penalty not exceeding hundred rupees be paid
to the employer by the person presenting the application.
(5) Any amount directed
to be paid under this section may be recovered:
(a) If the authority is a magistrate, by the
authority as if it was a fine imposed by the authority as a magistrate, or
(b) If the authority is not a magistrate, by any
magistrate to whom the authority makes application in this behalf, as if it
were a fine imposed by such magistrate.
(6) Every direction of the authority under this section shall be
final.
(7) Every authority appointed under
subjection (1) shall have all powers of a Civil Court under the Code of Civil
Procedure, 1908 (V of 1908) for the purpose of taking evidence and of enforcing
the attendance of witnesses and compelling the production of documents, and
every such authority shall be deemed to he a Civil Court for all the purposes
of Section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (V of
1898).
1. Ins. by Act 33 of 1970.
2. Sub. by ibid.
3. Subs. by Act 33 of 1970.
22. Leave. -
1[(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 for 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's
casual leave for every month.
Provided further that a
watchman or caretaker who has completed a period of twelve months in continuous
employment and to whom the provisions of Section 8, 10, 11, 13 and 17 do not
apply by virtue of an exemption granted under Section 4, shall be entitled to
not less than thirty days' privilege leave.
(1A) (i) Privilege leave to which an employee is entitled under clause (a) of sub-section (1) or under any such law, contract, custom or usage, award, settlement or agreement as is referred to in section 3, or any part of such leave, if not availed of by such employee, shall be added to the privilege leave in respect of any succeeding period to which he is so entitled, so however, the total period of such privilege leave which may be accumulated by such employee shall not at any one time exceed three times the period of privilege leave to which he is entitled after every twelve months' employment under that clause or under such law, contract, custom or usage, award, settlement or agreement.
(ii) Leave admissible under clause (b) of
sub-section (1) shall not be accumulated].
(2) If an employee entitled to leave under
clause (a) of sub-section (1) of this section is discharged by his employer
before he has been allowed the leave, or if, having applied for and having been
refused the leave, he quits his employment before he has been allowed the
leave, the employer shall pay him full wages for the period of leave due to him.
1. Subs. by Act 33 of 1970.
23. Wages during leave. -Every employee shall he 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.
1[24. Contracting
Out. -Any contract or agreement, whether made
before or after the commencement of Delhi Shops and Establishments (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].
1. Subs.
by Act 33 of 1970.
25. Cleanliness.
-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.
26. Lighting and ventilation. -
(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 employees.
27. Power to
enforce cleanliness, etc.-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.
28. Precautions
against fire. -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.
29. Accidents. -The provisions of Workmen's
Compensation Act, 1923 (VIII 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 services of such employee are dispensed with for
misconduct, after giving him an opportunity to explain the charge or charges
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 month’s notice, he will be released from his employment on payment of an
amount equal to one month's pay.
(3) In any case instituted for a
contravention of the provisions of sub-section (1), if a Magistrate is
satisfied that an employee had been dismissed without any reasonable cause or
discharged without proper notice or pay in lieu of notice, the Magistrate may,
for reason to be recorded in writing, award, in addition to one month's salary,
compensation to the employee as follows:
(a) When immediately before his discharge or
dismissal, the employee was in receipt of a salary not exceeding Rs. 100 per
month, such amount of compensation not exceeding his month's salary, as the
Magistrate may direct
(b) When immediately before his dismissal or
discharge, the employee was in receipt of a salary exceeding hundred rupees per
mensem, such amount of compensation not exceeding hundred rupees, as the
Magistrate may direct.
(4) The amount payable as compensation under
this section shall be in addition to any fine payable under section 40.
(5) No person who has been awarded compensation under this section shall be at liberty to bring a civil suit in respect of the same claim.
31. Provisions in respect of shops and commercial
establishments where more than one business is carried on. -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.
32. Provisions as to trading elsewhere than in
shops. -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.
33. Records. -
(1) The occupier of every shop or commercial establishment shall, in the prescribed form and m 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 forth the number of hours in the week during
which persons may in accordance with the provisions of this Act be employed about
the business of a shop or establishment and such other particulars as may be
prescribed.
(4) The occupier of every shop or establishment shall for the purpose of this Act maintain such other records and registers and display such other notices as may be prescribed.
34. Employer to furnish letters of appointment to
employees. -The
employer shall furnish every employee with a letter of appointment. 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.
35. Inspection of Registers and calling for information.
- 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.
36. Appointment
of Inspectors. -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.
37. Powers and
duties of the Inspector. -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 person 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 under this section to answer any question or to give any evidence
tending to incriminate himself.
38. Inspectors to
be public servants. -The
Chief Inspector and every Inspector appointed under
section 36 shall be deemed to be a public servant within the meaning of section
21 of the Indian Penal Code (Act XLV of 1860).
39. Protection to
persons acting under this Act.
-No suit, prosecution or other legal proceeding shall lie 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.
40. Penalties. -
(1) If in any shop or
establishment there is any contravention of any provisions of this Act, or any
rule or order made there under except sections 33, 41 and 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 every
day on which the contravention occurs or continues.
41. Wilfully
making false entries. -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.
42. Penalty for
obstructing Inspector. -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.
43. Determination
of employer for the purpose of this Act. -
(1) Where the owner of an
establishment is a firm or other association of individuals,
any one of the individual partners 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 one of the shareholders thereof, may be prosecuted and punished under this Act for any offence for which the employer in the establishment is punishable.
Provided that the company
may give notice to the Inspector that it has nominated a director or, in the
case of a private company, a shareholder who is resident in the Union Territory
to be the employer in the establishment for the purposes of this Act, and such
director or share-holder shall so long as he is so resident be deemed to be the
occupier in the establishment for the purposes of this Act, until further
notice cancelling his nomination is received by the Inspector or until
he ceases to be a director or share-holder.
44. Exemption of
occupier from liability in certain cases.
-Where
the occupier of a shop or commercial establishment is charged with an offence
against this Act or the rules or orders
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 the rules or orders 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 servant shall be convicted of
the offence and shall be liable to the like fine as if he were the occupier,
and the occupier shall be discharged from any liability for the offence.
(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 a Magistrate of the First Class shall try any offence under this Act or any rule or order made thereunder.
46. Savings. - Nothing in this Act shall apply to--
(a) Any office of or under the Central
Government, or Delhi Administration;
1[(b) Any office of any local
authority, any Railway Administration, the Reserve Bank of India, 2[the Delhi Development Authority, the Delhi
Water Supply and Sewage Disposal Undertaking, the Delhi Electric supply
Undertaking and the Delhi Transport Undertaking' of the Municipal Corporation
of Delhi], the Delhi University or Airlines Corporation;]or
(c) Any telegraph, telephone or postal service.
1. Substituted by the Delhi Shops and
Establishments (Amendments) Act 1955 (Act No. VI of 1955).
2. Subs. by Central Act 21
of 1961.
1(1) The Government may after, previous publication makes, 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;
2[(cc) The manner in which inquiry
under sub-section (2) section 15 shall held;].
(d) The manner in which the occupier of a shop or a commercial
establishment shall keep exhibited in the premises the notice of close day,
closing and opening hours and such other particulars as may be prescribed;
(e) Deductions that may be made from the
wages of the employee;
(f) Fines and dismissals;
(g) The form of submitting a statement, the
fees and other particulars under sub-section (1) of section 5, the manner in
which the registration certificate under sub-section (2) of section 5, and the
form for notifying a change and the fees under section 5;
(h) Further particulars to be prescribed for
the letter of appointment under section 34;
(i) Fixing time and method for cleaning the
establishment under section 25 and prescribing such establishments as are to be
exempted from the provisions of and precautions against fire to be taken under
section 28;
(j) Qualification of the Chief Inspector and
Inspectors appointed under section 36 and their powers and duties;
(k) Any other matter, which is
or may be prescribed.
1[3. Every rule made under this Act shall be laid as soon as may be
after it is made before each house of Parliament while it is in session for a
total period of thirty days which may be comprised in one session or in two
successive sessions, and if before the expiry of session in which it is so laid
or the session immediately following, both houses agree in making any
modification in the rule or both Houses agree that
the rule should not be made, 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 the validity of
anything previously done under the rule].
1. Subs. by Central Act 21
of 1961.
2. Ins. by lbid.
*. Now, Delhi Transport Corporation (Author's
Comments).
48. Repeal of
Punjab Trade Employees Act, 1940, as extended to the Union Territory of Delhi.
- On and
from the
date of the commencement of this
Act, the Punjab Trade Employees Act, 1940 (Punjab Act No. X 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 not been repealed but had
continued in operation and any penalty imposed on such proceedings shall be
recovered under the Act so repealed.
1[49. Application of General Clauses
Act, 1897. -The provisions
of the General Clauses Act, 1897 (X of 1897), shall apply for the
interpretation of this Act as they apply for the
interpretation of a Central Act].
1.
Added by the Delhi Shops and
Establishments (Amendments) Act 1955 (No.
VI of 1955).
(Section 4
EXEMPTIONS
Sl. No. |
Establishment, Employees
or other persons |
Provision of the Act |
1 |
2 |
3 |
1. Establishment
1. |
Establishment for the treatment or the care of the
infirm or the mentally unfit, which provide indoor treatment, hospitalization
for the care of the sick. |
Second proviso to section 8(in Respect of advance
intimation regarding overtime), section 10,11, 14, 15 and 16 2 |
2. |
Establishment of doctors and medical
practitioners. |
All provisions. |
3. |
Establishment of legal practitioners. |
All provisions. |
4. |
Banks bound by the awards of the National Tribunal
(Bank Disputes) popularly known as Desai Award published in the Gazette of
India dated 30. 6. 1962. |
All provisions. |
5. |
Foreign News Agencies. |
All provisions. |
6. |
Stall of Central and State Government at Fairs or Exhibitions,
which are organized mainly for showing development of industries, arts and
science and are primarily meant to be educative and informative to the
public. |
All provisions. |
7. |
Stalls other than those of Central and State
Government at Fairs or Exhibitions, which are organized mainly for showing
development of industries, arts and science and are primarily meant to be
educative and informative to the public. |
15 and 16 |
8. |
Shops of barbers and hair dressers. |
15 |
9. |
Retail shops dealing exclusively in meat, fish,
poultry eggs, milk and milk-products (excluding ghee) ice cream, cooked food,
flowers, bet-leaves, tobacco products like cigarettes, biri and cigar,
beverages, fruits and vegetables. |
15 and 16 |
10. |
Halwai
shops. |
15 and 16 |
11. |
Retail shops dealing exclusively in medicines or
medical or surgical requisites or appliances. |
15 and 16 |
12. |
Shops dealing in articles for funeral, burial or
cremation. |
15 and 16 |
13. |
News paper offices, news agencies and shops
dealing in newspaper or periodicals. |
15 and 16 |
14. |
Automobile service stations (not being repair
workshops) and depots and petrol pumps for the retail sale of petrol. |
15 and 16 |
15. |
All military canteens, canteen stores department
(India) Installations and regimental shops located in or outside cantonment
area. |
15 and 16 |
16. |
Tanneries. |
15 and 16 |
17. |
Bricks and lime kilns. |
15 and 16 |
18. |
Stall and refreshment rooms at railway stations or
airports. |
15 and 16 |
19. |
Establishments of auditors or registered
accountants. |
15 and 16 |
20. |
Shops engaged in the supply on hire of gaslight, crockery,
shamianas, furniture, temporary illumination (by licenced Electric
Contractors) bands, orchestra etc., on marriage or other ceremonial
occasions. |
15 and 16 |
21. |
Establishments of transport. |
15 and 16 |
22. |
Excise shops. |
15 |
23. |
Air service companies. |
11,14,15,16 and 2nd proviso to Sec. 8. |
24. |
Delhi Cloth Mills Co. Ltd.
Delhi. |
20 (2) (vi) |
25. |
All shops and commercial
establishment situated on the route of the Ram Lila procession i.e., on
Esplanade Road, Dariba Kalan, Chandni Chowk, Egerton Road, Chawri Bazar,
Ajmere Gate and Circular. |
Section 8 (in so far as
restrictions for working hours are concerned) 11, 15 and 16 for the period
from Asouj Sudi Parwa to Assuj Sudi Akadeshi every year. |
26. |
All shops and commercial
establishments. |
Section 8 (in so far as
restrictions for working hours are concerned) Sections 11, 15 and 16 for three days ending with
Dewali and Id every year. |
27. |
Establishment dealing in
raw skin and raw wool. |
15 and 16 |
28. |
Establishment dealing in
fodder. |
15 and 16 |
29. |
Establishments of press,
‘photo-graphers’ accredited by the press information Bureau, Government of'
India. |
15 and 16 |
30. |
All establishments situated in the President’s Estate, New Delhi. |
15 |
31. |
Travel
agencies assisting the travel arrangements of passengers by railway or by
other means of transport |
15 and 16 |
32. |
(i) Private educational institutions other
than those teaching short-hand and typewriting. (ii) Private institutions teaching short-hand
and type-writing. |
11, 15, 16 and 17 15 |
33. |
Establishments engaged in the manufacture of aerated water. |
16 (from 1st March to 31st October every year) |
34. |
Cloak room attendants, girl telephone operators,
Ayaas Lady house-keepers and artists in cabaret and entertainment shows
except children, in hotels, and other pieces of public amusements. |
14 |
35. |
Establishments of chartered accountants, Income-tax practitioners, bakeries, railway catering concerns, and salt refineries. |
15 and 16 |
36. |
Establishments
engaged in teaching music and fine arts and conducting classes for other
public examinations |
15 |
37. |
Shops
dealing mainly in Parched grams or grams etc., commonly known as bar-buhjas
shops. |
15 |
38. |
Establishments
of M/s. Band Box Pvt. Ltd., Dyers & Dry Cleaners situated in
the premises of Ashoka Hotel, New Delhi. |
15 and 16 |
39. |
Railway City
Booking Agencies. |
10,15 and 16 |
40. |
Cycle
Stands. |
15 and 16 |
41. |
Break-down
Service of the Automobile Association of Upper India, New Delhi. |
15 and 16 |
42 |
Shops mainly
engaged in the supply on hire of charpies and beddings to bonafide passengers
and shops working as cloak rooms. |
15 and 16 |
43. |
State
Trading Corporation of India. |
Section 15 and 16 |
44. |
All shops
exclusively dealing in cooking gas. |
Section 16 |
45. |
Steel Stockyard of the
Indian Iron and Steel Company Ltd., on main Mathura Road, Industrial Estate,
Okhla. |
15 and 16 |
46 |
M/s. Union Carbide India
Ltd., 5-Parliament Street, New Delhi. |
Section 15 |
47. |
M/s. Electric Construction
and Equipment Co. Ltd. United Commercial Bank Building, Parliament Street,
New Delhi |
Sec. 15 and 16 (only for
maintenance staff |
48. |
M/s. Fertilizer
Corporation of India, Ltd. New Delhi. |
15 and 16 |
49 |
M/s.Bharat Aluminium Co. Ltd.,
F-41, New Delhi South Extn. Phase –1, New Delhi. |
2nd proviso to
Sec. 8 (relating to advance intimation) 15 & 16. |
50. |
Khadi Gramudyog Bhawan,
New Delhi. |
15 and 16 |
51. |
Night service Department of
M/s. Otis Elevator Co. (India) Ltd., Parliament Street, New Delhi. |
15 and 16 |
52. |
M/s. Export India
Corporation, B1/30 A, Hauz Khas, Main Mehrauli Road, New Delhi. |
Section 16 |
53. |
[Omitted]. |
|
54. |
Glaxo Laboratories (I)
Pvt. Ltd., new Delhi. |
Proviso to clause (vi) of
sub-section (2) of section 20. |
55. |
All offices of the Life
Insurance Corporation of India in the Union Territory of Delhi. |
2nd proviso to section 8 relating to advance intimation
section 15, 16 & 19 (3) in so far as the payment of over-time allowances
is concerned. |
56. |
All Shops And Commercial
Establishment situated on the route of Ramlila Procession organised by Shri Dharmic
Lila Committee i.e. Parade Ground, Chandni Chowk, Fatehpuri, Khaari Boali,
Naya Bans, Lal kuan, Hauz Kazi, Chawri Bazar, Nai Sarak and back to Parade
Ground via Chandni Chowk, Delhi. |
Section 11, 15, 16 every
year on the day of Asau judi Dewadshi. |
57. |
[Omitted]. |
|
58. |
Depots of Food Corporation
of India situated at Naraina, Ring Road, New Delhi, New Pusa, New Delhi Gonda
(Shahdara) and Shakti Nagar. |
2nd Proviso to section
8 (relating to advance intimation) Section 15 and 16 subject to the
conditions that employees in accordance with the provisions of the Delhi
Shops & Establishments Act and weekly off will be given to employees (who
are called to duty on close day) in rotation.` |
59. |
Industrial Finance
Corporation of India,16, Parliament Street, New Delhi. |
1st Proviso to
Section 8 (relating to limit of overtime) 2nd proviso to section 8
(relating to advance intimation) and section 15 & 16 subject to the
condition that overtime payable to the employees will not be less than the
rate prescribed in section 8 of the Act. |
60. |
[Omitted]. |
|
61. |
National Agricultural
Co-op. Marketing Federation Ltd., New Delhi. |
15 and 16 |
62. |
National Building Construction
Limited, New Delhi. |
2nd Proviso to
Section 8 (provision relating to advance intimation) sections 15 and 16. |
63. |
Indian Oil Corporation
Ltd., (Refineries and Pipelines Division) Indian Oil Bhawan, Janpath, New
Delhi. |
Section 20 (2) (vi)
relating to advancement of loans only. |
64. |
[Omitted]. |
|
65. |
Dharamkanta used for
weighing heavy vehicles. |
15 and 16 |
66. |
(i)Amar Medica, Rajouri garden, New Delhi. |
Section 15 and 16 subject to
the conditions that overtime wages will be paid to the employees in
accordance with the provisions of the Act and weekly of day will be allowed
to the employees in rotation |
|
(ii)M/s. Rangila Chemists, Gandhi Nagar, Delhi. |
-Do- |
|
(iii)M/s. Kemp and Company, Connaught Place, New Delhi. |
-Do- |
|
(iv) M/s. Smarak Sons,
Lajpat Nagar, New Delhi. |
-Do- |
|
(v) M/s. Sewak Medical Store I. N. A. Super bazaar, New Delhi. |
Section 15 and 16 subject to
the conditions that overtime wages will be paid to the employees in
accordance with the provisions of the Act and weekly of day will be allowed
to the employees in rotation |
|
(vi)M/s. Super Stores, Greater Kailash, New Delhi. |
-Do- |
|
(vii) M/s. Satish
Chemists, Defence Colony, New Delhi. |
-Do- |
|
(viii)M/s. Gainda Mull Hem Raj 11, Regal Bldg., Parliament Street,
New Delhi. |
-Do- |
67. |
[Omitted]. |
|
68. |
[Omitted]. |
|
69. |
[Omitted]. |
|
70. |
Sona shops of the handicrafts
and handlooms Export Corporation India Ltd. at: |
Section 15 and 16 subject
to the conditions that overtime wages will be paid to the employees in
accordance with provisions of the Act and weekly off day will be allowed to
the employees in rotation. |
|
(i)Akbar Hotel, Chankaya Puri, New Delhi. |
|
|
(ii)Hotel Ashoka, Chankaya Puri, New Delhi. |
|
71. |
The Handicrafts and
Handlooms Exports Corporation of India Ltd., Lok Kalyan Bhawan, Rouse Avenue
Lane, New Delhi. |
-Do- |
72. |
Shops located in the Red
Fort Market, Delhi. |
Section 15 and 16 from 9th
November 1965 till the function Son Et, Lumire. |
73. |
All shops in Mehrauli. |
Section 15 and 16 for the final day of the annual
celebration of Phool- Wallon- Ki Sair. |
74. |
Groceries and Toiletries
Deptts. Of Super Bazar, Connaught Circus Branch, New Delhi. |
Section 16 with the condition that weekly off day
will be allowed to the employees in rotation. |
75. |
The National Seed
Corporation Ltd. South Extension, Part II, Ring Road New Delhi. |
Section 15, 16, 33 and 2nd proviso to
Section 8. |
76. |
The World Science News
Press, 1104, Abdul Rehman Road, New Delhi. |
Section 2, 15 and 16
during 6.00A.M. And 9.00 P.M. and further subject to the conditions that
during exempted hours no other work except printing of Doorandesh Daily will
be done and all overtime wages will be paid to the employees in accordance
with provisions of the Act and weekly off day allowed to the employees in
rotation. |
77. |
Steel Authority of India
Ltd. 10, parliament Street New Delhi. |
1st Proviso of
Section 8 and 2nd Proviso to Section 8 (relating to advance
intimation) Section 15 and 16 subject to conditions that overtime wages will
be paid to the employees in accordance with the provisions of the Delhi Shops
& Estts. Act, 1954 and weekly off will be allowed in rotation. |
78. |
Shops of wholesale fruit,
vegetables and flower merchants situated in fruit and vegetable markets of
New Subzi Mandi, Azadpur and phool Mandi (Daryaganj). |
16 |
79. |
M/s. Raina Hair Dressing
Saloon, Ashoka Hotel, New Delhi. |
16 |
80. |
Indian Petrochemicals Corp. Ltd. Himalaya House, 2nd Floor, 23, Kasturba
Gandhi Marg, New Delhi. |
2nd proviso to Section 8 (relating to advance
intimation regarding overtime) Section 15 and16 subject to conditions that
overtime wages will be paid to the employees in accordance with the D.S.E.
Act and weekly off will be given to employees (who are called for duty on
close day) in rotation. |
81. |
Punjab Haryana and Delhi Chamber of Commerce and
Industry, Connaught Place, New Delhi. |
2nd proviso to
Section 8 (relating to advance information) subject to conditions that
overtime wages will be paid to the employees in accordance with the provisions
of the D.S.E. Act and weekly off will be allowed in rotation. |
82. |
National Co-operative
Consumers Federation Ltd; 1-38, Lajpat Nagar-III, New Delhi. |
15, 16 and 2nd
proviso to Section 8 (in so far as advance intimation is concerned). |
83 |
M/s. Eastern Bulk
Services, 9B, Atma Ram House, 1, Tolstoy Marg, New Delhi. |
Section 15 and 16 subject
to the conditions that overtime wages will be paid to the employees in
accordance with provisions of the Act and weekly off day will be allowed to
the employees in rotation. |
84. |
Introcean Shipping Co.,
9B, Atma Ram House, 1, Tolstoy Marg, New Delhi. |
-Do- |
85. |
Establishment of
Architects. |
2nd Proviso to
Section 8 (in so far as the advance intimation regarding overtime is
concerned) Section 10, 11, 15, 16 and 17 subject to the conditions that the
overtime wages will be paid to the employees in accordance with the
provisions of the D.S.E. Act, 1954. |
386. |
All Branches of Central
Govt. Employees Consumer Co-operative Society Ltd. |
16 |
87. |
Cement Corporation Ltd.,
New Delhi. |
15 and 16 |
88. |
Indian Oil Corporation
Ltd. (Refineries Division) Link house, Bahadur Shah Zafar, Marg, New Delhi. |
15,16 and 2nd
proviso to section 8 (in so far as advance intimation is concerned). |
89. |
Gardener (Male) of M/s.
Glaxo Laboratories (India) Pvt. Ltd., Mathura Road, Okhla, New Delhi-20. |
Section 8 (in so far as
restriction for working hours is concerned) and Sec. 11. |
90. |
Shops mainly dealing in Education
Books for Schools and Colleges. |
Sec. 15 relaxed up to one
hour before and one hour after the prescribed opening and closing time
section 16 for the period from 1st May to 15th may and
10th July to 25th July every year. |
91. |
[Omitted]. |
|
92. |
[Omitted]. |
|
93. |
National Fertilizers Ltd.,
27, Community Centre, East of Kailash, New Delhi. |
Second proviso to section
8 (in so far as the advance intimation regarding overtime is concerned)
sections 15 and 16 subject to the condition that overtime wages will be paid
to the employees in accordance with the provisions of the Act and weekly off
day will be allowed to the employees in rotation. |
94. |
Indian Telephone
Industries, Daryaganj, New Delhi. |
15 and 16. |
95. |
[Omitted]. |
|
96. |
(i) M/s. Ivory Mart,
Northern Gate, Jama Masjid, Delhi |
Section 16 |
|
(ii) M/s. Indian
Handicraft Emporium, 5, Mehrauli Road, New Delhi. |
-Do- |
|
(iii) M/s. Jagat Narain
& Sons, 64, Janpath, New Delhi & at Ashoka Hotel, New Delhi. |
-Do- |
|
(iv) M/s. Cottage
Emporium, 8-A, Connaught Place, new Delhi. |
-do- |
97. |
Hindustan paper
Corporation Ltd., 95, Nehru Place, New Delhi. |
Section 8 (in so far as advance
intimation regarding overtime) See 16 subject to the conditions that the
overtime wages will be paid to the employees in accordance of DSE Act, 1954
and weekly off-day will be allowed to the employees in rotation. |
98. |
Head Quarters office of
M/s. National Textile Corporation Ltd., 8th Floor, Surya Kiran
Building, 19 Kasturba Gandhi Marg, New Delhi. |
Sec. 15, 16 and second
proviso to section 8 (relating to advance intimation). |
99. |
Bharat Heavy Electricals
Ltd., 18-20 Kasturba Gandhi Marg, New Delhi. |
2nd proviso to
Sec. 8 (advance intimation regarding overtime) Secs. 15, 16 and 19 (4)
subject to the conditions that the management is authorised in writing by the
workers to make payment of salary by cheques or credit salary to their bank
account. |
100. |
Projects and Equipment
Corporation of India Ltd., Chanderlok, 36 Janpath, New Delhi. |
Section 15 and 16. |
101. |
M/s. State Chemical and
Pharmaceuticals Corp. of India Ltd., Chanderlok 36, Janpath, New Delhi. |
Section 15 and 16. |
4102. |
Electronics Trade and
Technology Develop. Corp. ltd., 15/48, Malcha Marg, New Delhi. |
Second proviso to section
8 relating to advance intimation Section 15 and 16 subject to the conditions
that overtime wages will be paid to the employees in accordance with the
provisions of Delhi Shops and Establishments Act, 1954 and weekly off will be
allowed in rotation. |
103. |
International Trading Co.,
6B, Hansalya, 15-Bara Khambha Road, New Delhi-1. |
Section 15 subject to the
conditions that overtime wages will be paid to the employees in accordance
with the provisions of Delhi Shops & Establishment Act, 1954. |
104. |
M/s. Delhi Consumers,
Cooperative Whole Sale Store Ltd., Karampura Road, Motinagar, New Delhi. |
Section 16 subject to the
conditions that the weekly off will be given to employees in rotation. |
105. |
Indian Petro Chemicals
Corporation Ltd., 10th Floor, Ashoka Estate, 24, Bara Khambha
Road, new Delhi-100001. |
2nd proviso to
section 8 (relating to advance intimation regarding overtime) sections 15 and
16 subject to the conditions that overtime wages will be paid to the
employees in accordance with the provisions of the Delhi Shops and
Establishment Act and weekly off will be given to employees (who are called
for duty) in rotation. |
106. |
[Omitted] |
|
107. |
[Omitted] |
|
5108. |
Trade Fair Authority of India, Pragati Maidan, Lal
Bahadur Shastri Marg, New Delhi. |
Section 15 & 16 subject to the conditions that
overtime wages will be paid to the employees in accordance with the
provisions of the Delhi Shops and Establishments Act, 1954. Section 17 relating to period of rest subject to the conditions that employees will be allowed weekly holiday by rotation. Section 30 so far as notice of dismissal is
concerned. |
109. |
[Omitted]. |
|
110. |
Unit Trust of India, Reserve bank Building, 6,
Parliament Street, New Delhi. |
All provisions. |
111. |
Industrial Development Bank of India, 1, Red Cross
Road, New Delhi. |
All provisions. |
112. |
Taj Trade
and Transport Co. Ltd., 1, Man Singh Road, New Delhi. |
Section 14 so far as employment of female staff is
concerned subject to the conditions that conveyance is provided to female
staff working at Khazona and required to work beyond normal closing and
before opening hours. (Ss. 15 & 16). |
113. |
[Omitted]. |
|
114. |
Hindustan Copper Ltd., Ansal Bhawan, Kasturba
Gandhi Marg, New Delhi. |
Second proviso to S. 8, 15 and 16. |
115. |
Water and Power Development Consultancy Services
India Ltd., New Delhi. |
2nd Proviso to Section 8 relating to
advance intimation, S. 15 and 16. |
116. |
[Omitted] |
|
117. |
Delhi Financial Corpn. Saraswati Bhawan, Connaught
Place, New Delhi. |
2nd proviso to S. 8 and S. 8 and S. 15,
16 and 33 read with rule 14. |
118. |
[Omitted]. |
|
119. |
[Omitted]. |
|
120. |
Hindustan Copper Ltd., Ansal Bhawan, Kasturba
Gandhi Marg, New Delhi. |
1st proviso to S. 8 so far as limit of
overtime of 54 hours in a week or 150 aggregate hours in a year is concerned. |
121. |
Delhi Nagrik Sehkari Bank Ltd., Janakpuri. |
Section 16 so far as restriction for close day is
concerned. |
122. |
[Omitted]. |
|
123. |
[Omitted]. |
|
124. |
M/s. M.A. Ramzona, Jewellers, Ashoka Hotel, New
Delhi. |
Ss. 11 and 16 subject to the condition that weekly
off will be given to employees who are called for duty by rotation. |
125. |
[Omitted]. |
|
126. |
[Omitted]. |
|
127. |
M/s. Kashmir Gift Emporium, K-5, Connaught Circus,
new Delhi. |
Section 16, subject to the condition that weekly off
will be given to employees in rotation. |
128. |
[Omitted]. |
|
129. |
[Omitted]. |
|
130. |
Electric Construction Equipment Company Ltd., ECE
House, 28-A Kasturba Gandhi Marg, New Delhi. |
Section 15 and 16, subject to condition that overtime
wages will be paid to the employees in accordance with the provisions of
Delhi Shops & Estts. Act and weekly off will be given to employees in
rotation. |
131. |
Guru Ravidas Birthday 18. 2. 1981 |
Section 15, for 18. 2. 1981. (Temporary). |
132. |
Handloom House, 9A, Connaught Place, New Delhi. |
Section 16, (so far as restriction for weekly
close days, falling during the period when special rebate is allowed) subject
to the condition that advance intimation will be sent to the Chief Inspector of
Shops & Establishments regarding- Special rebate period- close days with
dates on which shop will be kept open, over time wages will be paid to the
employees in accordance with the provisions of Delhi Shops &
Establishments Act and weekly off will be given to employees in rotation. |
133. |
Steel Authority of India, Ispat Bhawan, Lodhi
Road, New Delhi. |
1st proviso to section 1 (reg. Weekly
limit of working hours including overtime of 54 hours and annual limit of
over time of 150 hours), 2nd proviso to section 8 (reg. Advance
intimation of overtime, subject to condition that overtime, wages will be
paid to the employees in accordance with the provisions of the Act. |
134. |
BHEL, Vikram Tower, 16 Rajinder Place, New Delhi. |
1st proviso to section 8 (in r/o staff
car driver) & 2nd proviso to section 8 (relating to advance
intimation of overtime) subject to the condition that the employees are paid
overtime according to the provisions of the Delhi Shops and Establishment
Act, 1954, Sections 15, 16 and (19) 4 subject to the condition that the
management is authorised in writing by the workers to make payment of salary
by cheques or credit salary to their bank account. |
135. |
Maruti Udyog Limited, 6th Floor,
Hansalaya, 15-Barakhamba Road, New Delhi. |
1st proviso to section 8 (in respect of
staff car drivers only) subject to the conditions that overtime wages will be
paid to the employees according to the provisions of Delhi Shops &
Establishment Act, 1954, besides general exemption given to staff car drivers
in Schedule II at entry No. 13. |
136. |
Bharat Heavy Electricals Ltd., Power Projects and
Service Division, Ashoka Estate, 24- Barakhamba Road, New Delhi-1. |
1st proviso to section 8 (in respect to
staff car drivers) subject to the condition that the employees are paid
overtime according to the provisions Delhi Shops & Establishments Act
1954. Section 15 and 16 and 19 (4) subject to the condition that the
management is authorised in writing by the workers to make payment of salary
by cheques or credit salary to their Bank Accounts. |
137. |
[Omitted]. |
|
138. |
[Omitted]. |
|
6139. |
Bharat Heavy Electricals Ltd., Thermal Projects
Group-projects Division (Spares and Service), 801-Ashoka Estate, New Delhi. |
As at serial No. 133. |
140. |
The Fertilizer Corp. of India Limited, Central
Office, ‘Madhuban’ 55, Nehru Place, New Delhi. |
Section 20 (2) (vi) |
7141. |
The Alkali and Chemical Corp. of India Ltd., P.O. Box
No. 107, Hamilton House, Connaught Place, New Delhi. |
Section 15 and 16. |
142. |
All Offices of the Bharat Heavy Electricals Ltd. (a Govt. of India Ltd. Undertaking), located in Delhi. |
As at Sl. No. 133. |
143. |
Maruti Udyog Limited, 15-Barakhamba Road, New
Delhi. |
Section 15 and 16. |
144. |
Export Import Bank of India, Chanakya Bhawan, Africa Avenue, New Delhi. |
All provisions. |
145. |
[Omitted] |
|
146. |
British Aerospace, Aircraft Group, Warton Division, 20, Golf Links, New Delhi- 110003. |
All provisions. |
147. |
Shri Guru Ravi Das Janamautsav Committee (Regd.),
Delhi, Jatav Shiv Mandir, Basti Harphool Singh, Sadar Bazar, Delhi. |
Section 15. |
148. |
International Data Processing Co. Ltd., ‘Sanchi’77-Nehru Place, New Delhi-110019. |
Section 15 and 16. |
149. |
The National Industrial Development Corporation
Ltd., Chanakya Bhavan, Africa Avenue, New Delhi-110021. |
8[1st and] 2nd Proviso to
section 8 (relating to advance information regarding overtime work subject to
the condition that overtime wages will be paid to the employees in accordance
with the provisions of Delhi Shops and Establishments Act, Section 15 and 16. |
9150. |
Rajasthan Handicrafts Emporium, Ashoka Hotel
Shopping Arcade, Chanakya puri, New Delhi. |
Sections 15 and 16 subject to the condition that overtime wages will be paid to the employees in accordance with the provisions of the Delhi Shops and Establishments Act and weekly off day will be allowed to the employees in rotation. |
10151 |
Tata Consultancy Services, 6, Bahadur Shah Zafar Marg, New Delhi. |
Section 15 and 16 subject to the condition that overtime wage will be paid to the employees in accordance with the provisions of Delhi Shops & Establishments Act and weekly off will. Be given to employees by rotation. |
1. Revised vide Notification No. F. 20 (29)/61-
Lab., dated 12. 1 .1965 published in Delhi
Gazette(Extra)
Part IV.
2.
Vide Notification No. F2 (14) 80 /LG (5) dated 8.7.1983,
Delhi Gazette (Extra) Part IV.
3. Notification
No. F.9 (120)/75/CIS, dated 7.1.1976.
4. Notification No. E-2 (4) /77/LE (S)/ 7201-8,
dated 26.6.1978.
5.
Notification No. F. 2 (17)/78/LC
(S)/14303 to 14310, dated 26.12.1978.
6. Ins. vide Notification No.
F.1(10)/82/LC(s), dated 21.7.1983.
7. Ins. vide Notification No.
F.2(14)/83/CIS, dated 24.9.1983.
8. Ins. vide Notification No. F.
1(33)/85/CIS, dated 24.5.1986 Delhi Gazette (Extra) Part IV.
9.
Ins. vide Notification No. F.5.1
(19)/86/CIS dated 16.7.1986.
10.
Ins. vide Notification No. F.2
(14)/91/CIS, dated 9.7.1991.
1 |
2 |
3 |
II. Employees and
other Persons
1. |
Travellers and canvassers (vide Notification No. F.20 (13) 166 Lab. dated 8th June 1966.) |
8, 10, 11, 13, and 17. |
2. |
Compounders on high duty. |
8, 10 and 11. |
3. |
Members of an employer's family. |
8, 10, 11, 13, 17, 18 and 22. |
4. |
A person occupying position of management or an employee engaged
in a confidential capacity. Provided that the number
of such persons in any establishment shall not, except with the sanction of
the Government, exceed ten per cent of the total number of employees therein,
any fraction being rounded upto the next higher digit. |
8, 10, 11, 13 and 17. |
5. |
Employees exclusively employed in any establishment for the collection, delivery or conveyance of goods outside the premises of the establishment or on other outdoor duties including kharidars, bills collectors, travelling agent, cooks, sweepers and other menial servants, tourists and hotel guides. |
Provisions relating to advance intimation in
sections 8, 1 0 and 11. |
6. |
Cooks and sweepers engaged by hotels, which employ
one cook and sweeper. |
Provisions relating to the limits of overtime and
advance intimation in proviso to sections 8 and 17. |
7. |
Salesmen working in petrol pumps on night duties. |
10 and 11. |
8. |
Teleprinters, Operators, News Agencies. |
10. |
9. |
Liftsmen of the Life Insurance Corporation, New
Delhi. |
10. |
10. |
Gardeners of M/s. Phillips India ltd., Delhi. |
Section 8 (insofar as Restriction for working
hours is concerned) and Section 11. |
11. |
Chowkidars on duty during the night (vide
Notification N. F-20 (12)/65 Lab. Dated 14th March, 1966. |
8, 10, 11 and 17. |
11A. |
Chowkidars on duty during the day. |
Section 10 (subject to the condition that he is
allowed to take his meals on duty). |
12. |
Employees who are declared by the State Government
by notification published in the Official Gazette in this behalf to be
employees whose work is inherently intermittent. |
10,11,13
and 17. |
13. |
Staff
Car Drivers. |
Section
8, (insofar as advance intimation is concerned) 10, 11 and 17. |