What is the object of the Delhi Shops & Establishments Act ?
Answer:
The object of Delhi Shops and Establishments Act, 1954, is to give some minimum benefits and relief to the vast unorganized sector of employees, employed in Shops and Establishments. Industrial Dispute Act 1947, and Delhi Shops & Establishments. Act, 1954 are supplemental to each other.
Question : 2
What is the area where Delhi Shops and Establishments Act 1954 is applicable ?
Answer:
This Act is applicable to all Shops and Establishments in the whole of the National Capital Territory of Delhi.
Question : 3
What is the set up for enforcement of this Act ?
Answer:
The Act is enforced through the Chief Inspector of Shops (CIS) and various inspectors under the Act, who are posted in nine districts of the capital who function under the supervision and control of Dy./ Asstt. Labour Commissioners of the concerned district. Chief Inspector functions under the supervision of Dy. Labour Commissioners (CIS) who in turn functions under the supervision of LC.
Question : 4
Whether Registration is mandatory under the Act ?
Answer:
Yes, Registration was mandatory under the Act prior to 23.11.1989 since when the same has been kept in abeyance.
Question : 5
What are the opening and closing hours of Shops and Establishments in Delhi ?
Answer:
No Shops or Establishment on any day, can be opened earlier than such hour or closed later than such hour, as may be fixed by the Government by general or special order is this behalf (S.15).
Question : 6
What are the rest and closed day.
Answer:
Every Shops and Establishments shall remain closed for one day in a week.
Question : 7
Could any Shop or Establishment be opened on a rest or closed day ?
Answer:
Yes, by giving a 24 hours advance notice to the Chief Inspector. (S.16 (3) (ii))
Question : 8
What are the working hours for employees of shops or establishments?
Answer:
For not more than nine hours on any day or 48 hours in any week. (Section 8 )
Question : 9
What is the period or interval for rest and meals?
Answer:
No period of continuous work shall exceed five hours, which is to be followed by an interval for rest and meals of at least half an hour for an adult person. (Section .10)
Question : 10
What are the hours of work of young persons employed in Shops and Establishments ?
Answer:
Not for mere than 6 hours a day and not to be employed continuously for more than 3 ½ hours without an interval of at least half an hour.
Question : 11
What are the provisions regarding exemptions under this Act ?
Answer:
Section 4 of the Act provides for grant of exemptions from certain provisions of the Act. (e.g. Section 14, 15 & 16) with the approval of Lt. Governer subject to conditions as may be prescribed. (Application Form for Exemption)
Question : 12
What are the records and registers etc to be maintained by every Shops or Establishments ?
Answer:
The occupier of every Shops or Establishments shall for the purpose of this Act maintain such other records and registers and display such other notices as may be prescribed. (Section 33 )
Question : 13
What are the legal provisions regarding the issuance of appointment letters?
Answer:
The employer shall furnish every employee with a letter of appointment which shall contain particulars such as (a) name of the employer (b) name and address of the establishment (c) the name, father's name and age of the employee (d) Hours of work (e) date of appointment.
Question : 14
What are the time and conditions for payment of wages to employers ?
Answer:
Every employer or his agent or the manager of any establishment shall fix periods of wages payable to the employees, which shall not exceed one month. The wages of a wage period must be paid before the expiry of seventh day of the last day of the wage period.
Question :15
What are the different types of leave available to an employee under the Act ?
Answer:
Every person employed in an establishment shall be entitled
(a)
to 15 days of privilege leave for one year of service, which can be accumulated to 45 days.
(b)
To 12 days of sickness or casual in an year. (Section.22)
Question : 16
Whether children are permitted to work in Shops or Establishments ?
Answer:
No, children of 12 years and below are prohibited to work in shops under (Sec. 12)
Question : 17
Whether double employment is permissible under the Act ?
Answer:
Double employment is prohibited under Section 9 of the act.
Question : 18
Can a women employee be required to work during night shift ?
Answer:
No woman or a young person can be required to work, whether as an employee otherwise in any establishment between 9 P.M. to 7 A.M during summer season and between 8 P.M. to 8 A.M during winter season.
Question : 19
What is the provision of availing privilege leave ?
Answer:
An employee has to apply in writing to the employer, indicating in advance, the date from which he would like to avail privilege leave 15 days in advance.
Question : 20
Is there any legal obligation for keeping the premises clean ?
Answer:
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 time and by such methods prescribed under Rule 11 of the Act.
Question : 21
Whether an employer is liable to pay compensation if an employee suffers injuries or is subject to fatal accident ?
Answer:
The provisions of workman's compensation Act 1923, have been made applicable to every establishment covered under the Act.
Question :22
Whether an employer is bound to maintain some records pertaining to the employees ?
Answer:
Yes, the employer is bond to maintain records and display notices as provided under section 33 of the Act and Rule 14.
Sl. No.
Provision
Section/Rule
Remarks
1
Set up of CIS Section
Section.36/17
This section is headed by DLC (CIS), Chief Inspector of Shops and Labour Inspector(Shops). The Labour Inspectors are posted in 9 Districts, each district is headed by DLC/ALC/LO
2
Registration of Shops and Establishments
Section 5
Not required since kept in abeyance w.e.f. 23.11.89
3
Closed Day
Section 16
One day in a week
4
Opening and Closing hours
Section 15
No shop or commercial establishment be opened earlier than such hour or closed later than as may be prescribed i.e. 9.00 AM and 7.00 PM in winter, 9.30 AM to 7.30 PM in summer and 8.00 AM to 6.00 PM for establishment.
5
Appointment letters
Section 34
On appointment/joining of the job
6
Working hours
Section 8
48 hours a week or 9 hours a day
7
Compulsory rest
Section 10
Half an hour after 5 hours of work
8
Spread over of working hours including rest
Section 11
12 hours in shops and 10 and a half hours in an establishment
9
Restriction on working of women/Young person
Section 14
In summer 9.00 PM to 7.00AM and in winter 8.00 PM to 9.00AM
10
Earned/privileged leave
Section 22
15 days
11
Accumulation of earned leave
Section 22
45 days
12
Casual/sick leave
Section 22
12 days
13
Intimation in writing for availing earned leave
Rule 10
15 days in advance
14
Availing of casual/sick leave
Rule 10
As soon as possible
15
Payment of wages
Section 19
7th of the following month
16
Wages for holidays of a piece rated employee
A piece rated employee is also entitled to the average of the wages received by him during the previous month.
17
Payment of wages
Section 19(4)
The wages are to be paid in cash
18
Cleanliness
Section 25
The premises of every establishment shall be kept clean.
19
Employment of children (12 years and below)
Section 12
No child shall be allowed to work whether as an employee or otherwise in any establishment.
Govt. Of National Capital Territory of Delhi, 5 Sham Nath Marg, DELHI.
District
Dated
1
Name of the Establishment
2
Address
3
Nature of activity of Business
4
i.
Name of proprietor / partner / Directors/occupiers
ii.
Whether Registered under Factories Act, 1948
Yes
No
5
No. of workmen/employees employed
Regular
Daily Wages
Piece Rate
i.
No of Male
ii.
No .of Female
iii.
Total
6
Category of employees/workmen & their nos.
i.
Unskilled
ii.
Semi-skilled
iii.
Skilled
vi.
Supervisor
v.
Managerial
7
Whether contractual workmen employed
Yes
No
i.
No. of Contract Labour employed
ii.
Name & address of the contractor
iii.
Whether Licence obtained under Contract Labour (Regulation & Abolition) Act, 1970.
Yes
No
iv.
Whether principal employer has obtained registration certificate under Contract Labour (Regulation & Abolition) Act, 1970.
Yes
No
8
Whether following statutory records are maintained.
i.
Appointment letter issued
Yes
No
ii.
Wages Register
Yes
No
iii.
Attendance Register/card,
Yes
No
iv.
Wage slip
Yes
No
v.
O.T. Register
Yes
No
vi.
Leave Card
Yes
No
vii.
Fine Register
Yes
No
viii.
Whether Leave book/leave card beingmaintained
Yes
No
9
Coverage of employees under ESIC 1948. if applicable, if employing more than 10 workers.
Yes
No
10
Coverage of employees under EPF & MPA 1952, if applicable. If employing more than 20 workers
Yes
No
11
Whether Register A. B. C under Payment of Bonus Act, 1965 is maintained
Yes
No
12
Whether Register maintained by the occupier u/s 11 of Child Labour (R&A) Act, 1986.
Yes
No
13
Whether abstract of Minimum Wages Act. 1948, displayed
Yes
No
14
Potential No. of workers assessed on the basis of machines installed, area of the factory, packaging needs and no. of shifts.
Local Services 