The Rajasthan shops and commercial establishments act 1958

Summary

The Rajasthan Shops and Commercial Establishments Act, and Rules, are applicable to all the shops and commercial establishments in the whole of the Rajasthan State.

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.

Definitions

Commercial Establishment means a commercial or trading or banking or insurance establishment, an establishment or administrate service in which the persons employed are mainly engaged in office work, a hotel, a restaurant, boarding or eating houses, cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes every such establishment as the State Government may, by notification in the Official Gazette, declare to be a commercial establishment for the purposes of this Act;

Establishment means a shop or a commercial establishment;

Shop means any premises where any trade or business is carried on or where services are rendered to customers, and includes offices, store-rooms, godowns or ware-houses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948.

Registration

Establishments existing on the date on which this Act comes into force within thirty days from the date on which this Act comes into force, and New Establishments within thirty days from date on which the establishment commences its work 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; and
• such other particulars as may be prescribe.

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 a prescribed form, a registration certificate to the employer. The registration certificate shall be prominently displayed at the establishment.

Exemptions

Nothing in the Act shall apply to-

• offices of or under the Central or any State Government or local authorities;
• offices of the Reserve Bank of India;
• establishments for the treatment or the care of the infirm, or the mentally unfit;
• persons whose work is inherently intermittent such as travellers or caretakers;
• fairs or bazars for sale of work for charitable or other purposes from which no private profit is derived; and
• libraries at which the business of lending books or periodicals is not carried on for
• purposes of gain other than that of making profit for charitable, philanthropie, religious or educational objects.

Compliances

References

• Rajasthan Shops and Commercial Establishments Act, 1958
• Rajasthan Shops and Commercial Establishments Rules, 1959 & Amendments
• Rajasthan Labour Department - Shops and Establishments E Registration
• Fee Structure and Checklist of Rajasthan Shops and Commercial Establishments Act