The Telangana Shops & Commercial Establishment Act, 1988 and Rules, 1990 are applicable to all the shops and commercial establishments in the areas notified by Government of Telangana.
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.
Commercial Establishment means an establishment which carries on any trade, business, profession or any work in connection with or incidental or ancillary to any such trade, business or profession or which is a clerical department of a factory or an industrial undertaking or which is a commercial or trading or banking or insurance establishment and includes an establishment under the management and control of a co-operative society, an establishment of a factory or an industrial undertaking which falls outside the scope of the Factories Act, 1948, and such other establishment as the Government may, by notification, declare to be a commercial establishment for the purposes of this Act but does not include a shop;
Establishment means a shop, restaurant, eatinghouse, residential hotel, lodging house, theatre or any place of public amusement or entertainment and includes a commercial establishment and such other establishment as the Government may, by notification, declare to be an establishment for the purposes of this Act;
Shop means any premises where any trade or business is carried on or where services are rendered to customer and includes a shop run by a co-operative society an office, a store room, godown, warehouse or work place, whether in the same premises or otherwise, used in connection with such trade or business and such other establishments as the Government may, by notification, declare to be a shop for the purposes of this Act, but does not include a commercial establishment.
Every employer of an establishment shall,
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 establishments 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: Provided that if no adverse order is passed by the Inspector within thirty days from the date of submission of the statement as mentioned above, then the registration shall be deemed to be duly granted. Provided further that to facilitate the starting of business, no inspection need be conducted prior to registration. Provided also that, on uploading the application for registration along with other enclosures as may be prescribed, provisional registration shall be granted within 24 business hours and be valid until a final order is passed on the application for registration.
Every registration certificate issued shall be valid with effect from the date on which it is issued upto the 31st day of December following.
Every employer shall give intimation to the Inspector, in the prescribed form, any change in any of the particulars in the statement made within fifteen days after the change has taken place. The Inspector shall on receipt of such intimation and the fees prescribed therefor make the change in the register of establishments in accordance with such intimation and shall amend the registration certificate or issue a fresh registration certificate,if necessary.
The employer shall, within fifteen days of the closure 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 establishments and cancel the registration certificate:
Provided that, where the Inspector is satisfied otherwise than on receipt of such intimation, that the establishment has been closed, he shall remove the name of such establishment from the register and cancel the registration certificate.