TN Shops & Commercial Establishments Act & Rules

Summary

The Tamil Nadu Shops and Establishments Act, 1947 and Rules, 1948 are applicable to all the shops and commercial establishments in the areas notified by Government of Tamil Nadu.

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 any trade or business is carried on or where services are rendered to customers and includes offices, store rooms, godowns and warehouses, whether in the same premises or otherwise, used in connection with such business but does not include a restaurant, eating-house or commercial establishment.

“Commercial Establishment” means an establishment which is not a shop but which carries on the business of advertising, commission, forwarding or commercial agency, or which is a clerical department of a factory or industrial undertaking or which is an insurance company, joint stock company, bank, broker’s office or exchange and includes such other establishments as the State Government may by notification declare to be a commercial establishment for the purposes of this Act.

"Establishment" means a shop, commercial establishment, restaurant, eating-house, residential hotel, theatre or any place of public amusement or entertainment and includes such establishment as the State Government may by notification declare to be an establishment for the purposes of this Act.

Exemptions from Registration

The organizations that are exempted from registration under this Act are:

• persons employed in any establishment in a position of management;
• persons whose work involves travelling: and persons employed as canvassers and caretakers;
• establishments under the Central and State Governments, local authorities, the Reserve Bank of India, a railway administration operating any railway as defined in clause (20) of article 366 of the Constitution and cantonment authorities;
• establishments in mines and oil fields;
• establishments in bazaars in places where fairs or festivals are held temporarily for a period not exceeding fifteen days at a time;
• establishments which, not being factories within the meaning of the Factories Act, 1948, are in respect of matters dealt with in this Act, governed by a separate law for the time being in force in the State.

Compliances

References

• Tamil Nadu Shops and Establishments Act, 1947
• Tamil Nadu Shops and Establishments Rules, 1948
• Tamil Nadu Online Registration Manual
• Tamil Nadu Labour Department - Online Registrations