HIMACHAL PRADESH SHOPS AND COMMERCIAL ESTABLISHMENTS RULES, 1972

Rule - 1. Short title.

These rules may be called the Himachal Pradesh shops and commercial Establishments Rules, 1972.

Rule - 2. Definitions.

(i)       In these rules, unless there is anything repugnant in the subject or context,

(a)      "Act" means the Himachal Pradesh shops and Commercial Establishments Act, 1969;

(b)      "Chief Inspector" means the Chief Inspector of Shops and Commercial Establishments, Himachal Pradesh;

(c)      "Form" means a form appended to these rules;

(d)      "Section" means a section of the Act

(ii)      Words and expression used in the Act and not defined in these rules shall have the meanings assigned to them in the Act.

Rule - 3. Application for Registration and Grant of Registration Certificate.

The employer of every establishment shall submit to the Inspector concerned a statement as required by section 13 in Form No.1 for the registration of the establishment and grant of registration certificate after remitting fee as prescribed in schedule I.

Rule - 4. Manner of registering of establishment and Form of Registration Certificate.

On receipt of the statement and fees, the Inspector shall, on being satisfied about the correctness of the statement, register the establishment in the Register of establishment in Form No. 2 and shall issue a registration certificate in Form No. 3 to the employer of the establishment.

Rule - 5. Notice of change.

(1)     The employer shall give notice to the inspector of the area concerned in Form 4 of any change in respect of any information defined in his statement submitted in Form NO. 1 within seven days after change has taken place together with the registration certificate.

(2)     The fee for such change shall be one rupee plus the amount, if any as specified in schedule I having regard to the increase in the number employees.

(3)     On receipt of notice of change in form-4 along with fee as provided sub rule 2, the inspector shall amend the registration certificate or issue fresh one, if necessary and send to the employer.

Rule - 6. Renew of Registration Certificate.

(1)     A registration certificate may be renewed by the inspector.

(2)     Every application for the renewable of registration certificate shall be on Form No.-I prescribed under rule 3 and shall be made by 31st march, every year, and if the application is so made the premises shall be deemed to be duly certified until the Inspector renews the registration certificate.

(3)     The same fee shall be changed for the renewal of registration certificate as for the grant thereof:

Provided that if the application for renewable of registration certificate is not received within thirty days after the expiry of the date of the registration certificate, the registration certificate shall be renewed only on payment of the fee 50 per cent in excess of the fee ordinary payable for the registration.

Rule - 7. Transfer of Certificate.

(1)     A registration certificate issued under these rule shall not be transferable and if ownership of any shop or establishment is transferred, the employer shall, with in fifteen days of such transfer, notify the fact of transfer and surrender the certificate of registration.

to the Inspector of the area and he shall submit to the Inspector a statement signed by himself specifying the name and address of the transferee.

(2)     The Inspector on receipt of information required to be sent under sub-rule (1) shall cancel the certificate of registration and amend the register of establishments accordingly.

(3)     The transferee shall apply for new registration certificate within thirty days from the date of transfer.

(4)     The notice of closing the establishment as required under sub-section (5) of section 13 shall be given by the employer to the Inspector within whose areas the establishment is situated.

Rule - 8. Procedure On death of disability of employer.

If the employer dies or becomes insolvent, the person carrying on the business of such employer shall not be liable to any penalty under the act for exercising the powers granted to the employer by the registration certificate during a period of 90 days to enable him to make an application for the amendment of the registration certificate under rule 5 in his own name for the un-expired portion of the original registration certificate.

Rule - 9. Loss of Registration Certificate.

Where a registration certificate granted under these rules is lost, destroyed or defaced a duplicate copy may be granted on payment of a fee of rupees 2.

Rule - 10. Payment of fees.

(1)     All fees payable under these rules shall be paid either into the local treasury under the head of account XXXII-Miscellaneous- Social Development Organization-Labour and Employment Fee Realized under the Himachal Pradesh Shops and Commercial Establishment Act, 1969 or by an un-crossed postal order in the name of inspector of Shops and Commercial Establishments of the Area concerned, and wherever an application is required to be accompanied by any such fee, it shall be accompanied by:

(a)      a treasury receipt in token of such fee having been paid into treasury, or

(b)      an un-crossed postal order of requisite value.

(2)     The fee once remitted shall under no circumstance be refunded.

(3)     The amount of fees received pursuance of sub-rule (1) by way of un-crossed postal order, shall be deposited into treasury by the Inspector during the week following the one to which the fees relate under head XXXII-Miscellaneous-Social Development Organization Labour and Employment-Fee Realized under the Himachal Pradesh Shops and Commercial Establishments Act, 1969.

(4)     The Inspector shall submit the monthly cash report to the Chief Inspector in Form NO. 5.

Rule - 11. Close-day.

Every establishment to which this Act applies shall remain closed on one day in a week as provided in Schedule II.

Rule - 12. Form of Intimation under section 10 of the Act.

(1)     An imitation under clause (i) of sub-section (2) of section 10 of the Act shall be sent by the employer in Form NO. 6 to the Inspector within whose local limits the establishment is situated:

Provided that such intimation need not be sent by an employer within whose establishment no employee is working:

(2)     If any employer referred to under the provision to sub-rule (1) employs in his establishment any person at any subsequent time, he shall send the Intimation in Form No. 6 to the inspector within one week of the employment of such person.

Rule - 13. Form and display of notice under section 20 of the Act.

(1)     The notice under sub-section (1) of section 20 of the Act to be exhibited by the employer in his establishment shall be in Form No. 7

(2)     The registration certificate obtained in Form No. 3 shall be displayed by the employer at a conspicuous place.

Rule - 14. Maintenance of Registers.

The employer of every establishment about the business of which persons are employed shall maintain the following registers, namely:

(1)     A register of employees in Form No. 8.

(2)     A register of wages, of employees in Form No. 9

(3)     A register of deductions in Form No. 10.

(4)     A register of leave with wages in Form No. 11.

Rule - 15. Language etc. in which records and registers are to be kept.

(1)     Every register, form or record required to be maintained or furnished under the Act and these rules shall be in English or Hindi and all entries there in shall be legibly made in ink.

(2)     Every such register shall be duly bound and marked in serial number.

Rule - 16. Preservation of records.

All registers and records required to be maintained under the Act and these rules shall be preserved by the employer for a period of three years to be calculated from the date to which such record or registers relate.

Rule - 17. Payment of overtime.

The payment in respect of overtime work shall be made by the employer to an employee on the next pay day.

Rule - 18. Utilization of fines imposed on employees.

Act and commission on the part of the employees for purposes of imposition of the fine and the manner in which the amount of fine so imposed is to be utilized as laid down in section 8 of the payment of wages Act, 1936, shall be approved by the Chief Inspector on an application duly made by the employer in that behalf.

Rule - 19. Powers of Inspector.

For carrying out the purposes of the Act an Inspector may.

(i)       cause to be taken a photograph of any employee or the premises of any establishment: and

(ii)      call for any information, document or record, and obtain a copy thereof or take into possession any register form, document or record maintained under the Act and these Rules;

(iii)     Prosecute, conduct, and defend before a court any complaint and other proceedings arising under the Act or in discharge of the duties as an Inspector.

Rule - 20. Maternity Benefit.

(1)     The maternity benefit payable to a woman under section 30 of the Act shall be at the rate of her average daily wages earned during the three months immediately before the period of six weeks preceding the day of her delivery.

(2)     The payment of maternity benefit accruing to a woman employee shall be made to her at any time not later than one week after the date of her delivery.

(3)     The amount payable to a woman employee as maternity benefit in accordance with the foregoing rules shall for the purposes of this recovery be deemed to be a part of her wages illegally withheld.

Rule - 21. Conditions for grant of exemption.

No application for the grant of an exemption under section 27 of the Act shall be entertained unless received by the Chief Inspector within one month before the date of commencement of the period in respect of which the exemption is required.

Rule - 22. Health.

(1)     The premises of every establishments dealing exclusively in meat, fish dairy produce, bread, confectionery, sweets, ice-cream, cooked food, beverage, drink and refreshments shall be:-

(i)       Kept clean and free from accumulation of dirt and refuse:

(ii)      Properly ventilated so as to permit sufficient air and light into the premises;

(iii)     kept sufficiently lighted during all working hours;

(iv)    transparent-washed and varnished at least once in a year and notice indicating the date of last transparent-washed and varnishing shall be exhibited in the premises.

(2)     Where the floor of the premises of an establishment is liable to become wet in the course of any manufacturing process effective means of drainage shall be provided and maintained.

(3)     In every establishment which is a workshop or in which articles are produced, adapted or manufactured with a view to their use, transport or sale, adequate washing facilities shall be provided and maintained for the use of employees such as soap, towel, nail brush, etc.

(4)     In every establishment in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such nature and to such an extent as is likely to be injurious or offensive to the persons working therein or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in the premises and if any exhaust, appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.

Rule - 23. Safety.

(1)     Every dangerous part of a machinery in an establishment shall be securely fenced by safeguards or substantial construction which shall be kept in position while the parts of machinery they are fencing are in motion or in use.

(2)     In every establishment, where manufacturing process is carried on with the aid of electric power, Suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained.

(3)     No Employee with loose fitting clothes on shall be allowed or made to work near the moving machinery or belt and the light fitting clothes for the purpose will be provided by the employer.

Rule - 24. Precautions in case of fire.

(1)     Every establishment shall be provided with adequate means of escape in the case of fire.

(2)     No person shall smoke or use a naked light or cause or permit any such light to be used in the immediate vicinity of any inflammable material in any establishment.

Rule - 25. Welfare.

(1)     The employer of every establishment, where smoke is produced in the course of carrying out its business, will take effective measures to exhaust out the smoke in order to safeguard the health of the person employed in the premises.

(2)     The employer of establishment where food drink and beverage is served shall ensure that his employees are free from any infectious/contagious disease. A certificate in Form No. 12 to the effect that the person is free from communicable diseases shall be obtained and produced before the Inspector on demand.

Rule - 26. Period for supplying information required by Inspector.

Any information or document required by the inspector in his office for carrying out the purposes of the Act and these rules shall be furnished to him by the employer of every establishment within one week from the date on which such requisition received by the employer.

Rule - 27. Authority competent to prosecute.

A prosecution under this Act shall be instituted on a complaint in writing before a court of competent jurisdiction by the Chief Inspector appointed under this Act or by an Inspector in whose jurisdiction the Offence is committed, with the prior approval of the Chief Inspector.

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HIMACHAL PRADESH SHOPS AND COMMERCIAL ESTABLISHMENTS RULES, 1972

Rule - 1. Short title.

These rules may be called the Himachal Pradesh shops and commercial Establishments Rules, 1972.

Rule - 2. Definitions.

(i)       In these rules, unless there is anything repugnant in the subject or context,

(a)      "Act" means the Himachal Pradesh shops and Commercial Establishments Act, 1969;

(b)      "Chief Inspector" means the Chief Inspector of Shops and Commercial Establishments, Himachal Pradesh;

(c)      "Form" means a form appended to these rules;

(d)      "Section" means a section of the Act

(ii)      Words and expression used in the Act and not defined in these rules shall have the meanings assigned to them in the Act.

Rule - 3. Application for Registration and Grant of Registration Certificate.

The employer of every establishment shall submit to the Inspector concerned a statement as required by section 13 in Form No.1 for the registration of the establishment and grant of registration certificate after remitting fee as prescribed in schedule I.

Rule - 4. Manner of registering of establishment and Form of Registration Certificate.

On receipt of the statement and fees, the Inspector shall, on being satisfied about the correctness of the statement, register the establishment in the Register of establishment in Form No. 2 and shall issue a registration certificate in Form No. 3 to the employer of the establishment.

Rule - 5. Notice of change.

(1)     The employer shall give notice to the inspector of the area concerned in Form 4 of any change in respect of any information defined in his statement submitted in Form NO. 1 within seven days after change has taken place together with the registration certificate.

(2)     The fee for such change shall be one rupee plus the amount, if any as specified in schedule I having regard to the increase in the number employees.

(3)     On receipt of notice of change in form-4 along with fee as provided sub rule 2, the inspector shall amend the registration certificate or issue fresh one, if necessary and send to the employer.

Rule - 6. Renew of Registration Certificate.

(1)     A registration certificate may be renewed by the inspector.

(2)     Every application for the renewable of registration certificate shall be on Form No.-I prescribed under rule 3 and shall be made by 31st march, every year, and if the application is so made the premises shall be deemed to be duly certified until the Inspector renews the registration certificate.

(3)     The same fee shall be changed for the renewal of registration certificate as for the grant thereof:

Provided that if the application for renewable of registration certificate is not received within thirty days after the expiry of the date of the registration certificate, the registration certificate shall be renewed only on payment of the fee 50 per cent in excess of the fee ordinary payable for the registration.

Rule - 7. Transfer of Certificate.

(1)     A registration certificate issued under these rule shall not be transferable and if ownership of any shop or establishment is transferred, the employer shall, with in fifteen days of such transfer, notify the fact of transfer and surrender the certificate of registration.

to the Inspector of the area and he shall submit to the Inspector a statement signed by himself specifying the name and address of the transferee.

(2)     The Inspector on receipt of information required to be sent under sub-rule (1) shall cancel the certificate of registration and amend the register of establishments accordingly.

(3)     The transferee shall apply for new registration certificate within thirty days from the date of transfer.

(4)     The notice of closing the establishment as required under sub-section (5) of section 13 shall be given by the employer to the Inspector within whose areas the establishment is situated.

Rule - 8. Procedure On death of disability of employer.

If the employer dies or becomes insolvent, the person carrying on the business of such employer shall not be liable to any penalty under the act for exercising the powers granted to the employer by the registration certificate during a period of 90 days to enable him to make an application for the amendment of the registration certificate under rule 5 in his own name for the un-expired portion of the original registration certificate.

Rule - 9. Loss of Registration Certificate.

Where a registration certificate granted under these rules is lost, destroyed or defaced a duplicate copy may be granted on payment of a fee of rupees 2.

Rule - 10. Payment of fees.

(1)     All fees payable under these rules shall be paid either into the local treasury under the head of account XXXII-Miscellaneous- Social Development Organization-Labour and Employment Fee Realized under the Himachal Pradesh Shops and Commercial Establishment Act, 1969 or by an un-crossed postal order in the name of inspector of Shops and Commercial Establishments of the Area concerned, and wherever an application is required to be accompanied by any such fee, it shall be accompanied by:

(a)      a treasury receipt in token of such fee having been paid into treasury, or

(b)      an un-crossed postal order of requisite value.

(2)     The fee once remitted shall under no circumstance be refunded.

(3)     The amount of fees received pursuance of sub-rule (1) by way of un-crossed postal order, shall be deposited into treasury by the Inspector during the week following the one to which the fees relate under head XXXII-Miscellaneous-Social Development Organization Labour and Employment-Fee Realized under the Himachal Pradesh Shops and Commercial Establishments Act, 1969.

(4)     The Inspector shall submit the monthly cash report to the Chief Inspector in Form NO. 5.

Rule - 11. Close-day.

Every establishment to which this Act applies shall remain closed on one day in a week as provided in Schedule II.

Rule - 12. Form of Intimation under section 10 of the Act.

(1)     An imitation under clause (i) of sub-section (2) of section 10 of the Act shall be sent by the employer in Form NO. 6 to the Inspector within whose local limits the establishment is situated:

Provided that such intimation need not be sent by an employer within whose establishment no employee is working:

(2)     If any employer referred to under the provision to sub-rule (1) employs in his establishment any person at any subsequent time, he shall send the Intimation in Form No. 6 to the inspector within one week of the employment of such person.

Rule - 13. Form and display of notice under section 20 of the Act.

(1)     The notice under sub-section (1) of section 20 of the Act to be exhibited by the employer in his establishment shall be in Form No. 7

(2)     The registration certificate obtained in Form No. 3 shall be displayed by the employer at a conspicuous place.

Rule - 14. Maintenance of Registers.

The employer of every establishment about the business of which persons are employed shall maintain the following registers, namely:

(1)     A register of employees in Form No. 8.

(2)     A register of wages, of employees in Form No. 9

(3)     A register of deductions in Form No. 10.

(4)     A register of leave with wages in Form No. 11.

Rule - 15. Language etc. in which records and registers are to be kept.

(1)     Every register, form or record required to be maintained or furnished under the Act and these rules shall be in English or Hindi and all entries there in shall be legibly made in ink.

(2)     Every such register shall be duly bound and marked in serial number.

Rule - 16. Preservation of records.

All registers and records required to be maintained under the Act and these rules shall be preserved by the employer for a period of three years to be calculated from the date to which such record or registers relate.

Rule - 17. Payment of overtime.

The payment in respect of overtime work shall be made by the employer to an employee on the next pay day.

Rule - 18. Utilization of fines imposed on employees.

Act and commission on the part of the employees for purposes of imposition of the fine and the manner in which the amount of fine so imposed is to be utilized as laid down in section 8 of the payment of wages Act, 1936, shall be approved by the Chief Inspector on an application duly made by the employer in that behalf.

Rule - 19. Powers of Inspector.

For carrying out the purposes of the Act an Inspector may.

(i)       cause to be taken a photograph of any employee or the premises of any establishment: and

(ii)      call for any information, document or record, and obtain a copy thereof or take into possession any register form, document or record maintained under the Act and these Rules;

(iii)     Prosecute, conduct, and defend before a court any complaint and other proceedings arising under the Act or in discharge of the duties as an Inspector.

Rule - 20. Maternity Benefit.

(1)     The maternity benefit payable to a woman under section 30 of the Act shall be at the rate of her average daily wages earned during the three months immediately before the period of six weeks preceding the day of her delivery.

(2)     The payment of maternity benefit accruing to a woman employee shall be made to her at any time not later than one week after the date of her delivery.

(3)     The amount payable to a woman employee as maternity benefit in accordance with the foregoing rules shall for the purposes of this recovery be deemed to be a part of her wages illegally withheld.

Rule - 21. Conditions for grant of exemption.

No application for the grant of an exemption under section 27 of the Act shall be entertained unless received by the Chief Inspector within one month before the date of commencement of the period in respect of which the exemption is required.

Rule - 22. Health.

(1)     The premises of every establishments dealing exclusively in meat, fish dairy produce, bread, confectionery, sweets, ice-cream, cooked food, beverage, drink and refreshments shall be:-

(i)       Kept clean and free from accumulation of dirt and refuse:

(ii)      Properly ventilated so as to permit sufficient air and light into the premises;

(iii)     kept sufficiently lighted during all working hours;

(iv)    transparent-washed and varnished at least once in a year and notice indicating the date of last transparent-washed and varnishing shall be exhibited in the premises.

(2)     Where the floor of the premises of an establishment is liable to become wet in the course of any manufacturing process effective means of drainage shall be provided and maintained.

(3)     In every establishment which is a workshop or in which articles are produced, adapted or manufactured with a view to their use, transport or sale, adequate washing facilities shall be provided and maintained for the use of employees such as soap, towel, nail brush, etc.

(4)     In every establishment in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such nature and to such an extent as is likely to be injurious or offensive to the persons working therein or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in the premises and if any exhaust, appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.

Rule - 23. Safety.

(1)     Every dangerous part of a machinery in an establishment shall be securely fenced by safeguards or substantial construction which shall be kept in position while the parts of machinery they are fencing are in motion or in use.

(2)     In every establishment, where manufacturing process is carried on with the aid of electric power, Suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained.

(3)     No Employee with loose fitting clothes on shall be allowed or made to work near the moving machinery or belt and the light fitting clothes for the purpose will be provided by the employer.

Rule - 24. Precautions in case of fire.

(1)     Every establishment shall be provided with adequate means of escape in the case of fire.

(2)     No person shall smoke or use a naked light or cause or permit any such light to be used in the immediate vicinity of any inflammable material in any establishment.

Rule - 25. Welfare.

(1)     The employer of every establishment, where smoke is produced in the course of carrying out its business, will take effective measures to exhaust out the smoke in order to safeguard the health of the person employed in the premises.

(2)     The employer of establishment where food drink and beverage is served shall ensure that his employees are free from any infectious/contagious disease. A certificate in Form No. 12 to the effect that the person is free from communicable diseases shall be obtained and produced before the Inspector on demand.

Rule - 26. Period for supplying information required by Inspector.

Any information or document required by the inspector in his office for carrying out the purposes of the Act and these rules shall be furnished to him by the employer of every establishment within one week from the date on which such requisition received by the employer.

Rule - 27. Authority competent to prosecute.

A prosecution under this Act shall be instituted on a complaint in writing before a court of competent jurisdiction by the Chief Inspector appointed under this Act or by an Inspector in whose jurisdiction the Offence is committed, with the prior approval of the Chief Inspector.