A presentation

On
“Shops and Commercial Establishments Act(s)
In
Various States of India”
(Workshop on Secretarial Practices)
 Introduction to ACT
Objective: to provide statutory obligation and rights to
employees and employers in the unauthorized sector of
employment, i.e., shops and establishments.
This Act lays down the following rules:
• Working hours per day and week.
• Guidelines for spread-over, rest interval, opening and
closing hours, closed days, national and religious holidays,
overtime work.
• Employment of children, young persons and women.
• Rules for annual leave, maternity leave, sickness and casual
leave, etc.
• Rules for employment and termination of service.
1/12
 Haryana shops and
commercial establishments
Act and application
1. Short Title, extent, commencement

2. Definitions (closed, closed day, closing hours, day,

establishment, family, festival, government, night, opening
hour, prescribed, registration certificate, week, year)

3. Act not applicable to certain establishment and persons

(offices of or under the Central or State Governments, the
Reserve Bank of India, any railway administration or any
local Authority, any railway service, air service, water
transport service, tramway, postal, telegraph or telephone
service, any system of public conservancy or sanitation or
any industry business or undertaking which supplies
power, light or water to the Public)
2/12
4. Provisions of section 9 and sub-section (1) of section
10 not applicable to certain establishments

(a) clubs, hotels, boarding houses, stalls and refreshment

rooms at the railway stations
(b) shops of barbers and hair dressers
(c) establishments dealing exclusively in meat, fish, poultry,
eggs, dairy produce [except ghee], bread sweets, chocolates,
ice, ice-cream, cooked food, fresh fruits, flowers or
vegetables;
(d) shops dealing exclusively in medicines or medical or
surgical requisites
(e) shops dealing in articles required for funerals, burials, or
cremations.
(f) shops dealing exclusively in pans, biris or cigarettes
(g) shops dealing exclusively in newspapers or periodicals,
editing and dispatching sections of the newspaper office and
office of the news agencies
3/12
5. Power of Government to extend the provision of Act

6. Conditions of employments for young persons

7. Hours of employment

8. Intervals for rest and meals

9. Opening and closing hours

10. Close day

11. ‘Employees’ off day in a week

4/12
12. Holidays

13. Registration of establishments

14. Leave

15. Wages for close days and during leave period

16. Wage period

17. Deduction from wages

18. Realizations of compensation 5/12

19. Enforcement and inspection

20. Record

21. Inspection of registers and calling for information

22. Notice of removal

23. Notice by employee

6/12
26. Penalties

27. Protection of officers and their agents from personal

liability

28. Power to grant exemptions

29. Prohibition of employment of children (14 years)

30. Condition of Employment of women

31. Maternity benefit

7/12
 Comparison of Haryana and
S No
Delhi Acts
Haryana Delhi
1. Extent Haryana Delhi
2. Young’s Age 14 years to 18 years 12 years to 18 years
3. Application for registration Within 30 days Within 90 days
4. Change to be Within 7 days Within 30 days
communicated
5. Closing to be Within 10 days Within 15 days
communicated
6. Intervals for rest and meals For Young: at least For Young: at least
half an hour after 3 half an hour after 3.5
hours of work hours of work
For Others: at least For Others: at least
half an hour after 5 half an hour after 5
hours of work hours of work
7. Overtime by adults Not more than 50 Not more than 54
hours in any quarter hours a week and not
exceeding 150 hours
a year 8/12
 Comparison of Haryana and
S No
Delhi
Haryana
ActsDelhi
8. Spread over 10 hours a day 10.5 hours in any
commercial establishment
or 12 hours in any shop.
9. Spread over for 10 hours a day 8 hours a day
young
10. Maximum allowable 5 hours a day 6 hours a day
time to work for a
young
11. Women’s working 8 p.m. to 6 a.m. between 9 p.m. and 7 a.m.
time not allowed (Night Time) during the summers and
during the interval between 8 p.m. to 8 a.m.
during the winter(October,
November, December,
January, February and
March)
9/12
 Comparison of Haryana and
S No
Delhi
Haryana
Acts Delhi
12. Leave Every employee who has (a) after every twelve
been in employment for not months’ continuous
less than twenty employment, to privilege
days in a year shall be entitled leave for a total period of
to one day’s earned leave for not less than fifteen days
every such twenty days: (b) in every year, to
Provided that a young person sickness or casual leave for
shall be entitled to one day’s a total period of not less
earned leave for every fifteen than twelve days
days of employment during
the year

10/12
 Comparison of Haryana and
S No
Delhi
Haryana
Acts Delhi
13. Notice of No employee, who has No employee who has put
dismissal by been in the service of in three months’
employee the employer continuous service shall
continuously for a terminate his employment
period of three months unless he has given to his
shall terminate his employer a notice of at
employment unless he least 1 month before
has
given to his employer 7
days previous notice

11/12
 Comparison of Haryana and
S No Delhi ActsDelhi
Haryana
14. Provisions not Cleanliness, Lighting and
mentioned in ventilation, Power to enforce
‘Haryana Shops -- cleanliness, Precautions against
and Commercial fire, Accidents, Appointment
establishments of Inspectors
Act’
15. Penalties for not Fine up to Rs. 100 Fine from Rs. 25 to Rs. 250
Maintaining for the first offence,
Records and Rs. 300 for every
subsequent offence
16. Penalty for Fine from Rs. 25 to Fine from Rs. 50 to Rs. 250
willfully making Rs. 200 or/and or/and imprisonment up to 3
false entries imprisonment up to 3 months
months
17. Penalty for Fine from Rs. 25 to Fine from Rs. 50 to Rs. 250
obstructing Rs. 200
Inspector
 THE KERALA
SHOPS AND
COMMERCIAL
ESTABLISHMENTS
ACT. (1960)
  Objective of this Act

To provide for the welfare of the employees employed in the

shops and commercial establishments and to regulate the
conditions of their work and employment.

Short title, extent and commencement

1. This Act may be called the Kerala Shops and

Commercial Establishments Act, 1960.
2. It extends to the whole of the State of Kerala.
3. It shall come into force on such date as the
Government may, by notification in the official
Gazette, appoint in this behalf.
 Daily and Weekly Hours

No employee in any establishment shall be required or allowed to

work for more than eight hours in any day and forty-eight hours in
any week provided that the total number of hours of work
including overtime, shall not exceed ten hours.

Extra wages for overtime work

Where an employee, works in any establishment for more

than eight hours in any day or for more than forty-eight hours in
any week he shall in respect of such overtime work be entitled to
wages at the rate of twice the ordinary rate of wages.
 REGISTRATION OF THE ESTABLISHMENT

The employer of every shops and commercial establishments

shall apply for registration in Form B-I with prescribed fee to the
competent authority (Assistant labour officer-Grade III) within sixty
days from the date on which the establishment commences its
work.

APPLICATION FOR DUPLICATE REGISTRATION

CERTIFICATE

If a registration certificate is lost, stolen or destroyed, the

employer shall forth with report the matter to the
competent authority and make an application for the
issue of a duplicate registration certificate along with
prescribed fee.
 FEES

Fee prescribed for the registration of establishments relating to the

number of employees employed for a calendar year

No. of Employees Fee prescribed

Nil Rs. 10.00

Does not exceed 5 Rs. 50.00
Exceed 5 but does not exceed 10 Rs. 100.00
Not exceeds 20 Rs. 200.00
Exceeds 20 but does not exceeds30 Rs. 300.00
Exceeds 30 but does not exceed 50 Rs. 500.00
Exceeds 50 and but does not exceed 100 Rs. 1000.00
101 and above Rs. 2000.00
 RENEWAL OF REGISTRATION

Every employer shall renew the registration every year atleast 30 days before
the expiry of the registration for the previous year. The application for renewal
with the registration certificate and prescribed fee shall be submitted to the
competent authority within the period. The fee for registration and renewal shall
be remitted in the office of the Asst. labour officer concerned or treasury
remittance

AMENDMENT OF REGISTRATION

Any employer who desires to have his registration certificate amended shall give
a notice in Form-B--III to the competent authority with copy to the inspector
having jurisdiction over the area in which the establishment is situated along
with prescribed fee for amendment of registration certificate.
 APPEALS

Any aggrieved Person by an order of the competent authority refusing to grant or

renew a registration certificate or cancelling or suspending the same may within a period
of sixty days of the receipt of the order appeal to the District Labor Officers on Payment
of fees Prescribed.

CLOSING OF SHOPS

Every shops shall remain entirely closed on one day of the week and a notice
shall be permanently exhibited in the shop specifying the day of closure. This is
not applicable to shops exempted in the Act or exempted by the Govt.
 WEEKLY HOLIDAYS

Every Person employed in shops or a commercial establishments shall be

allowed in each week a holiday of one whole day.

INTERVALS FOR REST

Employee in an establishment shall be given rest for atleast one hour before
work of four hours.

CHANGE TO BE COMMUNICATED

The employer shall give notice in the prescribed form to the competent
authority and the Inspector having jurisdiction over the area in which the
establishment is situated of any change in respect of any of the particulars
contained in his application within seven days after the change has taken
place.
 LEAVE

Employees are eligible for leave in lien of:

i. Annual leave for 12 days with wages to employees after completion of 12
months
continuous service.
ii. Leave with wages not exceeding twelve days on the ground of any sickness
or accident sustained by him.
iii. Casual leave with wages not exceeding twelve days.
iv. Six days special casual leave for sterilization operation in the case of male
employees and 14 days in the case of female employees, subject to the
provision of the Act.

DISMISSAL

No employee shall be dismissed except on a reasonable cause and subject to

Section-18 of the Act. The aggrieved employee may file appeal within sixty
days to the date of delivery of the order terminating his services with the
employer, to the appellate authority (Deputy labour Commissioner concerned)
 Prohibition of employment of children

No child shall be required or allowed to work in any

establishment except as an apprentice in such
employment as may be specified by the
Government.

Prohibition of employment of women and

persons below seventeen years during night

No woman or any person who has not attained the

age of seventeen shall be required or allowed to
work in any establishment before 6 A. M. or after 7
P. M.
 PENALTY

Whoever commits a breach of the provisions of the Act , he shall be punishable

in according with Section-29 and Rule –14 of Kerala shops and Commercial
Establishments Act 1960 and Rules 1961. It includes:

(a) with fine which may extend to two hundred and fifty rupees and in case of
continuing breach with fine which may extend to ten rupees for every day
during which the breach continues after convictions for the first breach; or
(b) with fine which may extend to ten rupees for every day during which the
breach continues after receipt of notice from the competent authority to
discontinue such breach.”
Andhra Pradesh Shops And
Establishment Act.(1988)
 Objective of the act

The Andhra Pradesh shops and establishment act, 1966 was enacted to
consolidate and amend the law relating to the regulation of conditions of work
and employment in shops, commercial establishments and other
establishments and for matter connected therewith

Short title, extent and commencement

1. This Act may be called the Andhra Pradesh Shops& Establishment Act1988.
2. It extends to the whole of the State of Andhra Pradesh.
3. It shall come into force on such date as the Government may, by notification
in the official Gazette, appoint in this behalf.
 Registration of
establishment
• In case of an establishment existing on the date of
commencement of this act, within thirty days from the
date.
 
• In case of a new establishment within thirty days from
the date on which the establishment commences its
work, send to the inspector concerned a statement
containing such particulars, together with such fees as
may be prescribed

• On receipt of such statement, the inspector shall

register the establishment in the register of
establishment in such manner as may be prescribed
and shall issue in the prescribed form a registration
certificate to the employer who shall display it at a
prominent place of the establishment.
 Revocation or suspension
of the registration
Certificate
 
• The registration certificate granted
under the section 3 and renewal
under section 4 has been obtained
by misrepresentation, fraud or
suspension of any material fact
• The employer has willfully
contravened any of the provisions of
this act or the rules are made there
under.
 Renewal of registration
certificate
• The inspector may, on an application made by the
employer accompanied by the fees prescribed thereof
renew the registration certificate for a period of one
year or for such number of years as may be prescribed
commencing from the date of its expiry.
 
• Every application for the renewal of the registration
certificate shall be made in to reach the inspector not
later than thirty days before the date of its expiry.
 
• An application for the renewal of a registration
certificate not later than thirty days after its expiry
maybe entertained by the inspector on the applicant
paying such penalty as may be prescribed, by the
government from time to time
 Opening and closing hours of shops

No shop shall on any day be opened earlier or closed later that such hours as
may, after previous publication, be fixed by the government by general or
special order in that behalf.
Any customer who has a being served or was waiting to be served in any shop
at the hour fixed for its closing may be served during the quarter of an hour
immediately following such hour.

Daily & Weekly hours of work in Shops

An employee in any shop shall be required or allowed to work therein for more
than eight hours a day and forty-eight hours in a week.
Any employee may be required or allowed to work in a shop for any period in
excess of the limit fixed on payment of overtime wages, subject to maximum
period of Six hours in a week.
 Fees structure for registration& Renewal:

FEES: Fee prescribed for the registration of establishments relating to the

number of employees employed for a calendar year

No. of Employees Fee prescribed

Nil Rs. 30.00

Employing up to 5 persons Rs. 100.00
Employing 6 and and above and up to 10 persons Rs. 200.00
Employing more than 11and up to 20 persons Rs. 350.00
Employing 21and above and up to 50 persons Rs.1000.00

Employing 51 persons and above and up to 100 persons Rs. 2000.00

Employing 101 and above Rs. 2500

 Closing of the Establishment

The employer shall, within fifteen days of the closer of the establishment,
give intimation thereof in writing to the Inspector, who shall, on receipt of
such intimation remove the name of the establishment from the register of
establishment and cancel the registration certificate.

Penalty

Application submitted on or after 2nd December but before 31st Dec

(25% of the fees Application). Submitted on or after 1st January (50%
of the fees)

Leaves

Every employee who has served with 240 days or more during a continuous
period of 12 months in any establishment shall be entitled during the
subsequent period of twelve months , to leave with wages may be
accumulated up to a maximum period of sixty days
Sick leaves : 12 days
Casual Leaves: 12days
 Special Provision for women

No women employee shall be required or allowed to

work in any establishment before 6.00am and after
8.00pm.

Maternity Leave

The periods of absence from duty in respect of which

a woman employees in entitled to maternity benefit ,
shall be treated as authorized absence from the duty
and the woman employee shall be entitled to
maternity benefit.
 Minimum Wages rates: For
Andhra Pradesh State 
 
• For Unskilled Employees Rs.2386/-p.m

• For Semi-skilled Employees Rs. 3020/-p.m

• For Skilled Employees Rs. 3654/- p.m

 Maintenance of registers
and records and display of
notices  
1). Every employer shall maintain a register of employment in Form
XXII
2). Every employer of an establishment other than a shop shall exhibit
in his establishment a notice in Form XXIV specifying the day or
days of the week on which his employees shall be given a holiday.
3). Every employer shall maintain a register Form XXV for the leave
granted to person employed.
4). The register records and notices relating to any calendar year shall
be preserved for a period of three years after the last entry is made
therein.
5). Every employer shall maintain a visit book in which an inspector
visiting the establishment may recode his remarks regarding any
defects that may come to light at the time of his visit or give
directions regarding production of any documents required to be
maintained or produced under the provisions of the act and the
rules.
6) The visit book shall be a bound book more or less of
size(18cms*15cms) containing 100 pages.
 Any Changes in
establishment 
Every employer shall give intimation to the
inspector, in the prescribed form, any
changes in any of the particulars in the
statement made under sub-section (1) with
in fifteen days after the change has taken
place. The inspector shall, on the receipt of
such intimation and fees prescribed thereof
make the change in the register of
establishment in accordance with such
intimation and shall amend the registration
certificate or issue a fresh registration
certificate, if necessary.
 Comparison of AP and
Kerala Acts ANDHRA
KERALA
PRADESH
1. Extended to Kerala Andhra Pradesh
2. Application for registration Within 60 days Within 30 days
3. Change to be Within 7 days Within 15 days
communicated

4. Closing to be Within 10 days Within 15 days

communicated

5. Intervals for rest and meals At least one hour

after 4 hours of work --

6. Overtime Not more than 50 Not more than 6

hours in any quarter hours a week.
 Comparison of AP and
Kerala Acts
Kerala Andhra Pradesh
7. Spread over 10 and half hours N.M
a day

8. Women’s working 8 p.m. to 6 a.m. 7 p.m. to 6 a.m.

time not allowed (Night Time) (Night Time)
during the time
interval of
S No Kerala Andhra Pradesh
9. Leave Annual leave for 12 (a) Every employee who
days with wages to has served with 240
employees after days or more during a
completion of 12 continuous period of 12
months months in any
continuous service. establishment shall be
ii. Leave with wages not entitled during the
subsequent period of
exceeding twelve days
twelve months , to
on the ground of any leave with wages may
sickness or accident be accumulated upto a
sustained by him. maximum period of
iii. Casual leave with sixty days
wages not exceeding  
twelve days. Sick leaves : 12 days
iv. Six days special Casual Leaves: 12days
casual leave for
sterilisation operation in
the case of male
employees and
14 days in the case of
 Comparison of AP and
Kerala Acts
S No Kerala Andhra Pradesh
10. Notice of No employee, who has N.M
dismissal by been in the service of
employee the employer
continuously for a
period of six months
shall terminate his
employment unless he
has
given to his employer 1
month previous notice
S No Kerala Andhra Pradesh
11. Penalties Whoever commits a Application submitted on or
breach of the after 2nd December but before
provisions of the Act a 31st Dec (25% of the fees)
rules shall be
Application submitted on or
punishable in
after 1st January (50%
according with
Section-29 and Rule – of the fees)
14 of Kerala shops and
Commercial
Establishments Act
1960 and Rules 1961.
 

12. Encashment of Every employee Every employee in any

leaves in any shop or shop or establishment
establishment shall be entitled for
shall be entitled encashment of leave with
for encashment wages for a period of 8
of leave with days in a year
wages for a
period of 12 days
in a year
 Act not applicable to
certain establishment and
In Punjab, persons
(a) offices of or under the Central or
State Governments, (except
commercial undertakings), the
Reserve Bank of India, any railway
administration or any local authority;
(b) any railway service, air service,
water transport service, tramway,
postal , telegraph or telephone
service, any system of public
conservancy or sanitation or any
industry business or undertaking
which supplies power, light or water
to the public;
In Karnataka,
b)Establishment for the treatment or
care of the sick or any mental unfit
c)Offices of banking company
d)Office of legal practitioners
e)To persons occupying management
positions in any establishment
In Pondicherry
b)Work involves travelling canvassers
and care takers
c)Establishment in mines and oil fields.
d)Temporary bazaars held during
festivals not exceeding 15 days
 Registration of
establishments.
In Punjab , within the specified period
usually 30 days, the employer of every
establishment shall send to the
prescribed authority concerned a
statement in the prescribed form
containing: -
(a) the name of the employer and the
manager, if any;
(b) postal address of the establishment;
(c) the name, if any; of the
establishment;
(d) number of persons employed;
In UP, every owner of shop or
commercial establishment shall
within 3 months of the
commencement of such business or
within 3 months of the
commencement of the Act,
whichever is later, apply to the chief
inspector for registration of his shop
or commercial establishment.
• In Pondicherry, the employer may
approach the office of the Labor
Officer (Enforcement) for registration
or Renewal of their Establishment
with in seven days of the
commencement of the
establishment.
 ISSUE OF REGISTRATION
CERTIFICATE
• On receipt of the statement, the
authority shall on being satisfied
about the correctness of the
statement, register the
establishment in the register of
establishments in such a manner as
may be prescribed and shall issue in
a prescribed form a registration
certificate to the employer. The
registration certificate shall on
 RENEWAL OF
CERTIFICATE
• In Punjab & Karnataka, the
registration certificate shall be
renewable by the 31st. March, every
year

• In UP & Bombay the certificate

has to be renewed in a prescribed
time period. Thirty days grace time
shall, however, be allowed for the
renewal of the certificate.
 ENFORCEMENT AND
INSPECTION
In Punjab & Karnataka
• Government may, by notification appoint such
persons or such class of persons as it thinks fir to
be inspecting officers for the purposes of this Act
within such local limits as it may assign to them,
respectively.
• Subject to any rules made by Government in this
behalf an inspecting officer may, within the local
limits for which he is appointed—
(a) enter at all reasonable times and with such
assistants, if any being persons in the service of
Government or of any local authority as he thinks
fit, any place which is or which he has reason to
believe to be an establishment;
(b) make such examination of the premises and of
any prescribed registers, records and notices and
take on the spot or otherwise evidence of any
persons as he may deem necessary for carrying
In UP,
• Every employer shall maintain an
Inspector’s visit and inspection book
in shop or commercial establishment
and shall produce the same before
the inspector on demand.
• Every employer shall employing
employees more than 25 shall be
required to maintain a register of
attendance and wages , a register of
leave , a register of deductions from
 WAGES
In Punjab,
(1) Every person responsible for the
payment of wages to an employee
shall fix a period in respect of which
such wages shall be payable.
(2) No wage period shall exceed one
month.
(3) The wages of every person
employed shall be paid before the
expiry of the seventh day from the
 WAGES
In UP
• Every employer shall fix a wage period
that can be monthly, fortnightly weekly or
daily. Where the wage period consists of a
month, every employer shall pay the
wages to his employee, before the expiry
of the seventh day after the last day of the
wage period
• If an employee be absent on a day on
which payment would have been made,
but for such absence the payment shall be
made within 3 days after the employee
returns to work or demands payments.
In Karnataka,
Wages are to be paid by the
employer as in accordance within the
prescribed time provided in Payment
of Wages Act 1936
DEDUCTION FROM WAGES
In Punjab, no deductions from the
wages of an employee shall be made
except following - those authorized
by or under the Payment of Wages
Act,1936, in so far as such
deductions are applicable to the
employee and in such manner, to
such extent and to subject to such
conditions as are specified in that
Act.
In UP, no deductions from the wages of an
employee shall be made except following
conditions-
• fines ;
deductions for absence from duty  
• for house-accommodation supplied by the
employer , 
• recovery of advances or of over-payments
of wages
• income tax payable by the employed
person
• deductions required to be made by order
In Bombay subject concerned to the
condition that the employees
concerned are granted wages for
overtime work and one day holiday
in a week without making any
deductions from their wages on
account thereof.
Hours of UP
Business No shops or Establishment on any day
can be opened earlier than such hour or
closed later than such hour as may be
prescribed by State Government.
No employer shall on any day open
before 9 am. Or keep open after
7pm.any commercial establishment, not
mentioned in Schedule II of the act.
PUNJAB
. Opening and closing hours. -- Government
shall fix the opening and closing hours of all
classes of establishments; and different opening
and closing hours may be fixed for different classes
of establishments and for different areas;
Provided that Government may allow an
establishment attached to a factory to observe
such opening and closing hours as the Government
may direct

KARNATKA

Any customer who s being served or waiting to be

served or waiting to be served in any
establishment at the hour fixed for its closing day
may be served during the quarter of an hour
KARNATKA

Any customer who s being served or

waiting to be served in any
establishment at the hour fixed for its
closing day may be served during the
quarter of an hour immediately following
such hour .
UP No employer shall require or allow an
employee to work on any day for more than
Hours of 8 hours in the case of employee.
work and The total number of hours of overtime work
Overtime shall not exceed fifty in quarter.
An employee, who has worked in excess of
the hours of work fixed, shall be paid by his
employer, wages at twice the ordinary rate,
for every over time.

PUNJAB

7. Hours of employment. – (1) Subject to the

provisions of this Act, no person shall be
employed about the business of an establishment
for more than forty-eight hours in any one week and
nine hours in any one-day.
Karnataka
-No employee s allowed to work more than 9
hours a day , and 48 hours a week, total
working hours, including overtime should not
exceed 10 hours b a day except on days of
stock taking and preparation of accounts,
provided total overtime hours should not
exceed 50 in a period of 3 consecutive
months
Intervals for rest No period of continuous work shall exceed five hours, which is to be
and spread over followed by an interval for rest and meals of at least half an hour.
of working hours
in a day

PUNJAB

8. Intervals for rest and meals. – (1) Subject to the provisions of section 6, no
employee
except a chaukidar, watchman or guard, shall be allowed to work in an
establishment for
more than five hours before he has had an interval for rest of at least half an hour: -
Provided that Government may by notification fix such interval for rest in respect of
any
class of establishments for the whole of the State of any part thereof as it may
consider necessary.
(2) The period of work of an employee

KARNATAKA- The period of working hour should be fixed that no period should
exceed 5 hours and no person shall work for more than 5 hours before he had an
interval of rest of 1 hour
Spread over- period for work should be fixed including interval of rest, they shall not
spread over more than 12 hours in a day
PUNJAB
10. Close day. – Every establishment shall
remain closed on every Sunday;
In case of an establishment attached to a
factory ,the employer may substitute the close
day of such establishment , in the same
manner and subject to the same conditions as
are laid down in this behalf in the Factories Act,
1948;
Provided further that Government may fix any
other day to be the close day in any class of
establishments for the whole of the State or
any part thereof.
(2) (i) The employer shall intimate to the
prescribed authority the working hours, and
the period of interval of the employed person
within fifteen days of the date of registration of
the establishment..
(ii) The employer of an establishment may
change the working hours and the period of
interval once in a quarter of the year by giving
intimation to the
prescribed authority at least fifteen days
before the change is to take place.
(3) Notwithstanding anything contained in sub-
section (1), the employer of an
establishment may open his establishment on
the close day if. –
(a) such day happens to coincide with a
festival, and
(b) employees required to work on that day are
paid remuneration at double the rate
of their normal wages calculated by the hour.
 Every employer shall keep his shop or
UP commercial establishment, closed on-
•One day in a week
Close •Such public holiday in a year as may be
days prescribed
•The following shall be the public
holidays-
1.Republic Day
2.Holi Parwa
3.Birthday of Dr.Ambedkar
4.Independence Day
5.Birthday of Mahatma Gandhi
6.Diwali Parwa
7.Kartik Purnima ,Idu’l Fitr
A notice specifying all close day shall be
prominently displayed by the employer in a
conspicuous place in the shop or establishment.
The close day shall not be altered by the employer
except once in a year with the approval of the
authority.
The notice for the approval of a close day shall be
in Form ‘A’.
The notice specifying close days, shall be in Form
‘B’.
A copy of every such notice shall be sent by the
employer to the inspector within 2 days of its first
displayed in the shop or commercial establishment
 Every employee ,not being a watchman
UP or a caretaker, shall be allowed by the
employer, holiday on-
Holidays •(i)Every close day which is a public
holiday
•(ii)One whole day in each week.
Every employer shall exhibit in his shop
a notice in Form C specifying days of
the week on which the employee shall
be given holiday. The notice shall be
exhibited before the person employed
cease work on the Saturday immediately
the week during which it will have
effect.
Punjab -. Holidays. – Every employee in an
establishment shall be allowed –
(a) A holiday with wages on the Independence
day, Republic day, and Mahatma Gandhi’s
birthday
(b) three other holidays with wages in a year in
connection with such festivals as
Government may declare from time to time by
notification.
Provided that an employee required to work
on any such holiday should be paid
remuneration at double the rate of his normal
wages calculated by the hour
Earned Leave, Earned Leave
Sickness Leave Every employee who has been in continuous employment of
and Casual the same employer for a period of 12 months or over shall
Leave be entitled to earned leave for not less than 15 days for
every 12 months of such service. In case of watchman and
caretaker not less than 60 days earned leave for every 12
months of such service. The total period of earned leave
shall not be taken more than three times in a year.
An application for leave for 3 days or less shall be made at
least 24 hours before the date from which leave is required.
The earned leave may be refused by the employer on
grounds of exigency of work and reasons for giving refusal
shall be recorded in writing and communicate to the
employee concerned.
The employer shall communicate in writing to the employee
the account of his earned leave including leave carried
forward from the previous year, the leave earned during the
year, the leave availed during the year and the leave to be
carried forward to the next year, on demand made by him at
the close of every year.
Sickness Leave
Every employee who has been in continuous
employment of the same employer for a period of 6
months or over shall be entitled to sickness leave not
less than 15 days in any one calendar year.
No application from an employee for sickness leave
shall be refused but in case the employer is not
satisfied about the truth, he may require a certificate
from a registered medical practitioner.
Casual Leave
Every employee shall be entitled to casual leave for not less than 10 days in any one
calendar year.
Every application from an employee for casual leave shall be in writing. The employer
shall record his orders on all such applications and shall retain them for at least one
year.
An employer may refuse an application for casual leave from an employee on the
ground of exceptional pressure of work requiring his attendance on the day or days in
respect of which casual leave has been asked for. But leave shall not be refused on
account of accident, physical injury to the employee death in a family or sickness of
the employee, his wife or child. where an application has been made on the above
grounds an employer may get the employee or the wife or child of the employee as the
case may be, examined at his own expenses by a registered medical practitioner for
the purpose of verifying the facts mentioned in the application for leave and may grant
or reject the application on the basis of the certificate of such medical practitioner.
The medical certificate shall be retained by the employer for at least one year. Where an
application for casual leave is refused by the employer, the employer shall grant
equivalent leave to the employee in the same calendar year.
Where the services of an employee are terminated by his employer or where the
employee terminates the employment, the employer shall be liable to pay to the
employee wages for the number of days which the earned leave is due to him.
Leave. -- (a) Every employee who has been
in employment for not less than twenty
days in a year shall be entitled to one day’s
earned leave for every such twenty days:
A young person shall be entitled to one day’s
earned leave for every15 days of employment
during the year.
(b) if an employee is discharged or dismissed
or leaves service ,he shall be entitled to leave
with wages or wage in lieu of un-availed leave
at the rates laid down in clause (a).
(c) In calculating leave under this section,
fraction of half a day or more shall be treated
as one day’s leave and fraction of less then
half a day shall be ignored.
(d) If an employee does not in any one year
take the whole of the leave allowed to him
under clause (a), any leave not taken by him
shall be added to the leave to be allowed to
him in the succeeding year:
 Section 35 of the act provides
lko that punishment of an offence
Punish under the Act. and provisions
ment have been made to the effect that
any person ,guilty of an offence
under the act shall be liable to
fine, which may, for the first
offence, extend to one hundred
rupees and for every
subsequent offence, to five
hundred rupees.
Punjab
26. Penalties. -- Subject to the other
provisions of this Act whoever contravenes
any of
the provisions of this Act or the rules made there
under and no penalty has been provided
for such contravention in this Act, shall be liable,
on conviction, to a fine, not exceeding
one hundred rupees for the first offence, and
three hundred rupees for every subsequent
offence.
Provided that the fine in respect of every
subsequent offence within the same year shall
not be less than one hundred rupee in any case.
Whoever contravenes any of the provsons of
section 4 ,5, 6, 6a, 7, 9, 10, 11, 12, 13, 15, 16,
25 and 39 on convection is punished with fne
for 1st offence may exceed to 1000 rs and for
2nd offence or any subsequent offence may
extend to 2000 Rs.
contravening the provision of sec 8, 17 ,29, 34
i.e. ( extra wage for overtime work, payment
n advance in certain cases,
employer to produce registers, , records, etc
for inspection, maintenance of registers
record and display of notices on convector
the fine may extend to 250 Rs.
Provisions for • No child shall be required or allowed, to work except as an
employment of apprentice in such employment as may be specified by the
children and State Government.
women • No woman or child can be required to work during night.
• No employer shall knowingly require or allow a woman to
work, and no woman shall work during the period of six
weeks following the day on which she is delivered of a child.
• Every woman has a right of absence during pregnancy,
maternity leave, maternity benefit and interval for rest.
• No employer shall discharge o remove from the service any
woman employee on account of or during the period of,
absence from duty allowed to her.
• The notice for absence during pregnancy shall be in Form
‘F’. This form shall be made available by the employer to the
employee concerned at any time during working hours.
30. Condition of Employment of women. -- (1) No woman shall be required or
allowed
to work whether as an employee or otherwise in any establishment during night:
Provided that nothing in this sub-section shall apply to an establishment which is engaged
in the treatment or care of the sick, the infirm, the destitute or the mentally unfit.
(2) No employee of any establishment shall knowingly employ a woman and no woman
shall engage in employment in any establishment during six weeks following the day of
her confinement or miscarriage.
(3) Government may prescribe further conditions in respect of employment of women
employed about the business of establishment or any class of them, including if it thinks
fit, conditions with respect to the daily period of employment, leave, and other matters
and no woman shall be employed otherwise than in accordance with these conditions.
31. Maternity benefit. -- (1) Every woman employed in an establishment who has
been
continuously employed in that establishment or in establishments belonging to the
employer of that establishment for a period of not less than six months preceding the date
of her delivery shall be entitled to receive, and the employer shall be liable to make to
her, a payment of maternity benefit which shall be prescribed by the Government for
everyday during the six weeks immediately preceding and including the day of her
delivery and for each days of six weeks following her delivery:
Provided that no such payment shall be made for any day on which she attends work and
receives payment thereof during the six weeks preceding her delivery.
KARNATKA- Prohibition of employment of
children , No child shall be required or
allowed to work n any establishment

Prohibition of employment of women and

young persons during night.
THANK YOU