Jammu and Kashmir Shops and Commercial Establishments Rules 1966
The Jammu and Kashmir Shops & Commercial Establishments Act, 1966 and Rules, 1968 are applicable to all the shops and commercial establishments in the areas notified by Government of Jammu and Kashmir.
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
Establishment means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place of public amusement or entertainment to which this Act applies and includes such other establishments as the Government may by notification in the Government Gazette, declared to be an establishment for the purpose of this Act.
Shop means any premises where goods are sold, either by retail or wholesale or both or where services are rendered to customers, and includes an office, a store room, godown,ware-house or workplace, whether in the same premises or otherwise used in connection with such trade or business but does not include a factory, a commercial establishment,residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment or shop attached to factory where the person employed in the shop are allowed the benefits provided for, workers under the Jammu and Kashmir Factories Act,1957.
Registration
Every establishment to which this Act applies shall be registered within thirty days from the date on which this Act applies to an establishment. Its employer shall send to the Inspector of the area concerned a statement, in the prescribed form, together with such fees, as may be prescribed, containing:
- the name of the employer and the manager, if any;
- the postal address of the establishment;
- the name, if any, of the establishment;
- 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; and
- such other, particulars as may be prescribed:
Provided that where, before the commencement of the Jammu and Kashmir Shops and Establishment (Amendment) Act, 1970, any employer of an establishment as aforesaid could not send to the Inspector of the area concerned a statement in the prescribed form together with fees, within the time specified above, for the reasons that rules prescribing the form and fee were not made, it shall be so sent within thirty days after such commencement.
On receipt of the statement and the fees, the Inspector shall, on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such manner as may be prescribed and shall issue in the prescribed form, a registration certificate to the employer. The registration certificate shall be prominently displayed at the establishment.
In the event of any doubt or difference of opinion between an employer and the Inspector as to the category to which an establishment should belong, the Inspector shall refer the matter to the Labour Commissioner who shall, after such inquiry as he thinks proper, decide the category of such establishment and his decision shall be final for the purposes of this Act.
The registration certificate shall, on payment of the prescribed fees, be renewed by 31st March every year: Provided that the employer shall have the option to get his certificate renewed for a period up to three years at a time. Thirty days grace time may, however, be allowed for the renewal of the certificate.