Delhi Shops & Establishments Act 1954

Summary

The Delhi Shops & Establishment Act, and Rules, 1954 (“S & E Laws”) are applicable to all the shops and commercial establishments in the areas notified by Government of Delhi.

The Act is enacted for the purpose of protecting the rights of employees.

The Act provides regulations of the payment of wages, terms of services, work hours, rest intervals, overtime work, opening and closing hours, closed days, holidays, leaves, maternity leave and benefits, work conditions, rules for employment of children, records maintenance, etc.

Key Definitions

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 a commercial establishment.

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 (21 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 printing establishments, contractors and auditors establishments, quarries and mines not governed by the Mines Act, 1952 (35 of 1952), educational or other institutions 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 (43 of 1948), or theatres, cinemas, restaurants, eating houses, residential hotels, clubs or other places of public amusements or entertainment.

Registration

• Each owner, within 90 days from starting the business shall submit application form in form ‘A’ to register the establishment.
• Registration certificate must be displayed on visible place inside the office premises.
• Registration certificate is valid for a period of five (05) years. Before the expiry of the period, renewal application to be submitted for the next period.
• It shall be the duty of an employer to notify to the registration authority, in the prescribed form, any change with respect to any information contained in his statement during registration/renewal within 15 days after the change. E.g., Change in address, change in ownership, change in number of employees, etc.
• After closing the business of the establishment, owner should surrender the registration certificate to the registration authority.

Benefits of Registration

The establishment -

• will have a legal identity to conduct business with the territory.
• can avail benefits under various Government schemes.
• can operate business bank accounts.

Compliances

References

Delhi Shops and Establishments Act, 1954

Delhi Shops and Establishments Rules, 1954

Draft Delhi Shops and Establishments (Amendment) Rules, 2021

Online Registration

Labour Department, NCT Delhi