The Rajasthan Shops And Commercial Establishment Rules, 1959
[15 May 1959]
Published vide Notification
No.f.3(18)/LAB./58, dated 15-5-1959, published in Rajasthan Gazette
Extraordinary, part 4-C, dated 15-5-1959
In exercise of the powers conferred
by section 15(3), 18 and 40 of the Rajasthan Shops and Commercial
Establishments Act, 1958 (No. 31 of 1958), the State Government hereby makes
the following rules, the same having been previously published as required by
sub-section (4) of section 40 of the Act under this Government Notification No.
F. 3(18)/Lab./58, dated the 8th December, 1958 in the Rajasthan Gazette, Part
III-B, dated the 15th January, 1959 namely: -Preliminary
Rule - 1. Short title, extent and commencement :-
(i)
These Rules may be called the
Rajasthan Shops and Commercial Establishments Rules, 1959.
(ii)
They shall extend to the whole of
Rajasthan.
(iii)
They shall come into force on the
1st day of June, 1959.
Rule - 2. Definitions :-
(i)
In these rules, unless there is
anything repugnant in the subject or context:-
(a)
The "Act" means the
Rajasthan Shops and Commercial Establishments Act, 1958.
(b)
"Form" means a form
appended to these rules.
(c)
"Section" means a section
of the Act.
(d)
["Prescribed authority"
means the authority notified in the official gazette by the Government from
time to time.]
(ii)
Words and expressions 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 4 in
Form No. 1 for the registration of the establishment and grant of registration
certificate and the fees is respect of the same shall be as follows :-
(1)
[Maximum number of employees to be
employed on any one day during the year.
|
|
|
Amount
of fees.
|
|
(a)
|
No
employee
|
Rs.
25/-
|
|
(b)
|
1
to 2 employees
|
Rs.
60/-
|
|
(c)
|
3
to 5 employees
|
Rs.
100/-
|
|
(d)
|
6
to 10 employees
|
Rs.
150/-
|
|
(e)
|
11
to 20 employees
|
Rs.
250/-
|
|
(f)
|
21
to 50 employees
|
Rs.
625/-
|
|
(g)
|
51
to 100 employees
|
Rs.
1125/-
|
|
(h)
|
100
and above employees
|
Rs.
3750/-]
|
Rule - 4. Manner of Registering Establishment and form of Registration Certificate :-
(1)
On
receipt of the statement and fees, the Inspector shall, on being satisfied
about the correctness of the statement, register the establishment in
appropriate part of the Register of establishment in Form No. 2 and shall issue
a registration certificate in Form No. 3 of the employer of the Establishment.
(2)
[Every
certificate granted or renewed under this chapter shall remain in force up to
31st day of December of the year for which the certificate is granted and shall
be renewable for a period extending up to five years:]
[Provided that at the option of the employer of shop or
establishment, one time renewal of the shop or establishment shall also be
allowed on payment of fees equivalent to 10 times of the prescribed annual
fee.]
(3)
[A
fee at double the rate of fee prescribed for submission of return by an
establishment under clauses (1) and (2) in rule 3 shall be charged, in case the
employer of such establishment fails to submit the same by the due date.]
Rule - 5. Notice of change :-
A certificate holder shall notify any change in respect of
any information contained in his statement, in Form No. 4:
Provided that the fee for the amendment of the Certificate
or issue of a fresh registration certificate in consequence of such change
shall be the difference in amount, if any, between the fee already paid and the
fee that would have been payable if the certificate had originally been issued
in the amended or revised form.
Rule - 6. Renewal of Certificate :-
(1)
A
certificate may be renewed by the Inspector.
(2)
Every
application for the renewal of certificate shall be in Form 5 and shall be made
by the certificate holder within one month from the date on which the
certificate expires and if the application is so made the premises shall be
deemed to be duly certified until the Inspector renews the certificate.
(3)
The
same fee shall be charged for the renewal of a certificate as for the grant
thereof:
Provided that if the application for renewal of a
certificate is not received within one month after the expiry of the date of
the expiry of the certificate, the Certificate shall be renewed only on payment
of an additional fee of Re. 1/- over and above the fee ordinarily chargeable
for grant or renewal of a certificate.
(4)
[If
an application for renewal of registration certificate is not received by the
Inspector within time specified in the foregoing rules, the registration
certificate of the establishment shall be renewed on payment of fee @ 50% for
each subsequent three months or part thereof in excess of the fee prescribed
for the purpose:
Provided that the total amount of such fee shall not exceed
the amount chargeable for one time renewal of certificate of registration of
shop or commercial establishment as provided under sub-rule (2) of rule 4 of
these rules.]
Rule - 7. Transfer of Certificate :-
(1)
The
holder of a certificate may at any time, before the expiry of the certificate,
apply for permission to transfer his certificate to another person.
(2)
Such
application shall be made to the Inspector, who shall, if he approves of the
transfer, enter upon the certificate, under his signature, an endorsement to
the effect that the certificate has been transferred to the person named.
(3)
A
fee of [Rs.50/-] shall be charged on each such application.
Rule - 8. Procedure on death or disability of Certificate holder :-
If the holder of the certificate dies or becomes insolvent,
the person carrying on the business of such certificate holder shall not be
liable to any penalty under the Act for exercising the powers granted to the
certificate holder under the Act for exercising the powers granted to the
certificate holder by the certificate during a period of 90 days to enable him
to make an application for the amendment of the certificate under Rule 6 in his
own name for the unexpired portion of the original certificate.
Rule - 9. Loss of Certificate :-
Where a certificate granted under these rules is lost or
accidently destroyed, a duplicate copy may be granted on payment of a fee of
[Rs. 20/-].
Rule - 10. Payment of fees :-
(1)
The
fees payable under these rules on account of registrations, renewals, transfer
certificates and loss of certificates, shall be paid in the office of the
Inspector, Shops and Commercial Establishments of the area [by Treasury Challan
or Postal Orders] and will be credited under the head "XXXVI-Misc.
Department B Mis. (ii) Receipts of other Departments-(13) receipts under Shops
and Commercial Establishments Act."
(2)
If
an application for the grant, renewal or amendment of a certificate is rejected
by an Inspector, an appeal shall lie to the Labour Commissioner, Rajasthan or
to such authority as may be appointed by the Labour Commissioner in this
behalf.
Rule - 10A :-
The cash equivalent of the advantage accruing through the
concessional sale to worker, of food grain and other articles shall be computed
from the index numbers notified by the Director of Economics & Statistics,
Rajasthan from time to time, or the prices of commodities notified by the
Government in the Rajasthan Gazette.
Rule - 11. Enquiry by Government before passing orders fixing opening and closing hours of shops :-
(1)
The
Government shall make enquiry under sub-section (2) of section 11 in the manner
prescribed in this rule.
(2)
Before
passing an order under sub-section (1) of section 11, the Government shall give
notice of its intention to pass such an order. The notice shall be in Form No.
6 and shall, unless a copy of the order proposed to be passed is annexed to it,
specify the area and the shop or shops or class or classes of shops to which
the order shall apply, the hours of opening or the hours of closing, or both,
which are proposed to be fixed. The notice shall also state that objections and
suggestions with respect to such orders, if any, may be sent to the officer
mentioned in the notice within one month from the date of such notice.
(3)
The
copies of the notice shall be affixed at such public places in the area to
which the order is proposed to be applied as the Government may deem fit.
Copies of the notice shall be sent to the Local Authority in whose jurisdiction
such area is situated and to such associations trade unions or other
organisations as Government may deem fit. The notice shall also be published in
not less than one newspaper having circulation in such area.
(4)
The
Government shall consider all objections and suggestions received under sub-rule
(2) before passing the order under subsection (1) of the section 11.
Rule - 12. Notice of weekly holidays :-
The notices required under subsection (1) of section 12
shall be in Form No. 7.
Rule - 13. Leave Wages Register :-
(1)
The
employer shall keep a Register in Form No. 8 hereinafter called the Leave with
Wages Register.
(2)
The
Leave with Wages Register shall be preserved for a period of three years after
the last entry in it and shall be produced before the Inspector or demand.
Rule - 14. Leave book :-
(1)
The
employer shall display on the notice board in the first month every year the
leave earned by an individual employee, for his information. The employer shall
further make available for inspection, the leave register to an employee, if he
so desires and makes an application to this effect within 72 hours of the
making of such an application.
(2)
[X
X X]
Rule - 15. Medical certificate :-
If any worker is absent from work and it appears that his
absence is due to illness, he shall, if so required by his employer by a notice
in writing, submit a medical certificate signed by a registered Medical
Practitioner or by a registered or recognized Vaid of Hakim stating the cause
of the absence and the period for which the worker is in the opinion of such
Medical Practitioner, Vaid or Hakim unable to attend his work.
Rule - 16. Amount of maternity benefit :-
(1)
The
benefit payable under section 17 shall be paid at the rate of 7/12 of the
average daily wage or twelve annas a day, whichever is higher.
(2)
If
a woman dies during the period of maternity, the maternity benefit shall be
payable only for the days up to and including the day of her death.
Rule - 17. Procedure regarding payment of maternity benefit :-
(1)
Any
woman employed in an establishment and entitled to maternity benefit under the
provisions of the Act and these rules who is pregnant may, on any day, give
notice in writing in Form 9 or orally to her employer stating that she expects
to be confined within six weeks next following and her maternity benefit may be
paid to her, and that she will not work in any employment during the period for
which she received maternity benefit.
(2)
The
employer shall thereupon permit such woman to absent herself from the
establishment from the next following day until six weeks after the day of her
delivery.
(3)
Maternity
benefit shall be paid by the employer to the women entitled thereto after
taking her wishes into consideration in any one of the following three ways,
namely:-
(i)
for
six weeks within forty-eight hours of the production of a certificate signed by
a registered Medical Practitioner certifying that the woman is expected to be
confined within six weeks next following and for the remainder of the total
period for which she is entitled to maternity benefit under section 26 within
forty-eight hours of the production of a certified extract from a birth
register stating that the woman has given birth to a child, or
(ii)
for
the entire period for which the woman is entitled to maternity benefit under
section 26 within forty-eight hours of the production within six weeks of her
delivery or certified extract from birth register stating that she has given
birth to a child:
Provided that no woman shall be entitled to any maternity
benefit or any part thereof the payment of which is dependent upon the
production of a certified extract from a birth register under this rule unless
such extract has been produced within six months of the day of her delivery.
Rule - 18. Payment of maternity benefit in case of womans death :-
If a woman entitled to maternity benefit under the Act dies
during the period for which she is entitled to maternity benefit the employer
shall pay the amount of maternity benefit due if the newly born child survives
her, to the person who undertakes the case of the child, and if the child does
not survive, to her legal representative.
Rule - 19. Forfeiture of maternity benefit :-
If a woman works in any establishment after she has been
permitted by her employer to absent her self under the provision of section 26
she shall forfeit her claim to the payment of the maternity benefit to which
she is entitled.
Rule - 20. Muster Roll :-
The Employer of every establishment in which woman are
employed shall prepare and maintain a muster roll and shall enter the following
particulars in such muster roll, namely-
(a)
Name
of Woman.
(b)
Department
and name of the Establishment in which employed.
(c)
Dates
with month and year on which employed and not employed.
(d)
Total
days employed in the payment period.
(e)
Date
on which the woman gives notice under section 24 of the Act.
(f)
Date
of birth of child.
(g)
Date
of production of certificate signed by a registered Medical Practitioner certifying
that the woman is expected to be confined within six weeks.
(h)
Date
of production of certified extract from birth register.
(i)
Date
of first payment of maternity benefit and amount of the same.
(j)
Date
if subsequent payments of maternity benefit & amounts of the same.
(k)
If
the woman dies, amount of maternity benefit paid and date of payment and the
names of persons to whom paid.
(l)
Remarks
column for the use of Inspector only.
(m)
All
entries in the muster roll shall be maintained up-to-date and shall always be
available for inspection by the Inspector.
(n)
The
employer may enter in the muster roll such other particulars as may be required
by the Inspector for any other purpose.
Rule - 21. Manner of Examination of premises etc :-
(1)
An
Inspector making an examination under section 30, shall make such examination
of premises and of the registers, records and notices as may appear to him
necessary for satisfying himself that the provisions of the Act, and these
rules and of any orders or notifications issued thereunder are being properly
observed and shall before conducting such examination require the employer or
any of his representatives present at the premises to accompany him at the time
of inspection, provided that in case the employer or his representative does
not co-operate or accompany the Inspector at the lime of inspection on being
called upon to do so, it shall be lawful for the Inspector to conduct such
examination of the premises and records himself without the presence of the
employer or his representative.
(2)
For
carrying out such examinations, the Inspector concerned may interrogate such
persons on the premises of the Shop or Commercial Establishment as he may
consider necessary:
Provided that no such person shall be required under this
rule to give an answer to any question, the answer to which might tend to
incriminate him.
(3)
An
Inspector concerned may require an employer to produce at his own expense a
certificate of age in Form No. 10 from a registered medical practitioner in
respect of any employee whose age he may have reasons to doubt.
Rule - 22. Maintenance of Registers and records and display of notices :-
(1)
Every
employer shall maintain a register of employment in Form No. 11 provided that
where the opening and closing hours are ordinarily uniform, the employer may
maintain such register in Form No. 12.
(2)
Notwithstanding
anything contained in sub-rule (1) an employer may, instead of maintaining a
register as provided in the said sub-rule, exhibit in his establishment a
notice specifying the daily hours to be worked by and intervals for rest and
meals to be allowed to the persons employed. The notice shall be in Form No. 13
and shall be exhibited not later than the closing hour on the Saturday
immediately preceding the first week in which the hours of work shall be as
specified in such notice. It shall continue to be exhibited so long as the
hours of work specified in it are observed.
(3)
Where
an employer has exhibited the notice referred to in sub-rule (2) he shall keep
a record of work in Form No. 14.
(4)
Every
employer shall exhibit in his establishment a notice in Form No. 15 specifying
the day or days of the week on which the persons employed by him shall be given
holiday. The notice shall be exhibited before the persons to whom it relates cease
work on the Saturday immediately preceding the first week during which it is to
have effect.
(5)
Every
employer shall exhibit in his Establishment a notice containing such extracts
of the Act and these rules in English and/or in Hindi as the Government may
direct.
(6)
Any
notice required to be exhibited under these rules shall be exhibited in such a
manner that it can be readily seen and read by any person to whom it affects
and shall be renewed whenever it becomes defaced or otherwise cease to be
clearly legible.
(7)
In
any register or record which an employer is required to maintain under these
rules the entries relating to any day shall be made on the same day.
(8)
The
registers, records and notice relating to any calendar year shall be preserved
till the end of the next calendar year.
(9)
If
on an application made by an employer in writing the Local Authority or
Government, as the case may be, is satisfied that arty muster roll, register or
record maintained by such employer gives in respect of all or any of the persons
employed in his Establishment the particulars required to be shown in any
register, record or notice or prescribed under this rule, the Local Authority
or Government as the case may be, may by an order in writing direct that such
muster roll, register or record shall to the corresponding extent be maintained
in place of such register, record or notice, as the case may be.
(9A) Save as
otherwise prescribed in sub-rule (5), all registers, records, muster rolls and
notices required to be maintained, exhibited or given under the rule shall be
either in English or in Hindi or in the script in which the account books of
the Shops or the Commercial Establishments are maintained.
(10)
Every
employer shall maintain a visit book in which an Inspector visiting the
Establishment may record his remarks regarding any defects that may come to
light at the time of his inspection and shall produce it whenever required to
do so by an Inspector.
Rule - 23. Cleanliness :-
(1)
(1)(a)
In every establishment, all the inside walls, of the rooms and all t he
ceilings and lops of such rooms (whether such walls, ceilings and tops to be
plastered or not) and all the passages and stair cases shall be lime washed or
colour washed at least once in two years dating from time when they were last
lime washed or colour washed, and shall be maintained in a clear State.
(b) All beams, rafters, doors,
window frames and other wood work with the exception of floors, shall be
painted at least once in four years dating from time when last painted and
shall be kept in a clear state. This shall not apply to-
(i)
rooms
used only for the storage of articles;
(ii)
walls
or tops of rooms which are made of galvanised iron-sheets, tiles, asbestos
sheets or similar material or glazed bricks;
(iii)
ceiling
of rooms in which the lowest part is at least 20 feet from the floor;
(iv)
any
other establishment or parts thereof in which lime washing, colour washing or
painting is, in the opinion of the Inspector, unnecessary,
(2)
No
rubbish, filth, debris shall be allowed to accumulate or to remain on any
premises in any Establishment in such position that effluvia therefrom can
arise within the Establishment. All filth and other decomposing matter shall be
kept in covered receptacles.
(3)
The
area around the place where drinking water is distributed to the employees
shall be kept clean and properly drained.
Rule - 24. Precautions against fire :-
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 - 24A. List of acts which may be termed as misconduct :-
(1)
The
following Acts shall each be treated as misconduct for the purpose of the
proviso to sub-section (1) of section 28-A of the Act :-
(a)
Willful
in subordination or disobedience, whether alone or in combination with others,
of any lawful and reasonable order of a Superior;
(b)
willful
damage or loss of employers property;
(c)
taking
or giving bride or any illegal gratification;
(d)
theft,
fraud or dishonesty in connection with the employers business or property;
(e)
habitual
absence without leave or absence without leave for more than ten days;
(f)
habitual
breach of any law applicable to the establishment;
(g)
habitual
late attendance;
(h)
riotous
or disorderly behavior during working hours at the establishment or any act
subversive of discipline;
(i)
striking
work or inciting others to strike work;
(j)
habitual
or gross negligence or neglect of work; in contravention of the provisions of
any law or rule having the force of law;
(k)
breach
of the provisions of the Standing Orders applicable to the establishment and
certified under the Industrial Employment (Standing Orders) Act, 1945.
(2)
No
order of dismissal or discharge on ground of misconduct shall be made except
after an enquiry in which the employee concerned has been informed in writing
of the misconduct alleged against him and is given a reasonable opportunity of
being heard in respect of that misconduct.
Rule - 24B. Complaint under sub-section (2) of section 28-A :-
(1)
Any
employee aggrieved by an order or dismissal or discharge under sub-section (1)
of section 28-A, may file a complaint to the prescribed authority either
himself or through an agent within thirty days from the date on which the order
of dismissal or discharge has been communicated to him in writing by his
employer.
(2)
The
complaint shall be presented in the form of a memorandum in duplicate, stating
therein concisely the grounds of objection to the order against which the
complaint is made. The memorandum shall be accompanied by an affidavit sworn
before a Magistrate of the first class that the contents of the memorandum are
true to the best of the knowledge and belief of the complainant.
(3)
Every
such memorandum shall bear a court-fee stamp of Rs. 5/-.
(4)
The
prescribed authority entertaining the complaint shall call upon the employer by
a notice to appear before him either personally or through his agent at a
specified time together with all relevant documents and witnesses, if any, and
shall inform the complainant of the time as specified.
(5)
In
case the employer or his agent fails to appear before the prescribed authority
it may proceed to hear and determine the complaint ex-parte.
(6)
In
case the complainant fails to appear before the prescribed authority at the specified
time, it may dismiss the complaint.
(7)
Upon
an application made within 30 days of the passing of the order and only after a
notice to the opposite party an order passed under sub-rule (5) or sub-rule (6)
may, on good and sufficient cause being shown be set aside by the prescribed
authority and the complaint be reheard.
(8)
The
prescribed authority shall record briefly the evidence adduced before him, hear
the parties summarily and after making such further enquiry as he may consider
necessary, pass orders, giving reasons therefor. The orders shall be
communicated to the parties forthwith.]
Rule - 25 :-
Any person contravening any of the provisions of these Rules
shall be conviction be punishable with fine which may extend to Rs. 50/-
Form 1
(See rule 3)
Statement under Section 4
Part I
1.
Name
of the establishment
2.
Postal
address of the establishment
3.
Full
name of the occupier or the employer
4.
Full
name of the Manager, if any
5.
Category
of the establishment, i.e. whether a shop, commercial establishment, residential
hotel, restaurant, eating house, theatre or other place of public amusement or
entertainment
6.
Nature
of business
Part II
7.
Names
of members of employers family, working in the establishment; state separately
the names of young persons, if any
8.
Names
of other persons occupying position of management or employees engaged in
confidential capacity
9.
Total
number of employees (state separately the number of men, women and/or young
persons, if any) Men, Women, Young persons
10.
Rates
of wages including Dearness Allowance paid to different categories of
employees. (Information in this respect may be submitted separately and marked
confidential, if so desired)
|
S.No.
|
Name
of Occupation
|
No.
of employees in the occupation
|
Rates
of wages
|
|
Minimum
|
Maximum
|
|
|
|
|
|
|
|
Dated.............
|
Signature
of the employer
|
Note - This statement shall be sent to the
Inspector with such fees, as are prescribed.
Received from................Form "I" with Challan No.......
Signature
Form 2
(See rule 4)
Register of
Establishments
PART I ? Shops
PART II - Commercial Establishments
PART
III - Residential Hotels
PART IV - Restaurants and Eating Houses
PART V - Theatres and other places of public amusement or entertainment
|
S.No.
|
Registration
Certificate
|
Name
of the Manager, if any
|
Name
of Occupier/ Employer
|
Postal
address of the establishment
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
|
Name
of the establishment, if any
|
Nature
of business
|
Number
of members of employers family
|
|
Male
|
Female
|
Young
persons
|
|
8
|
9
|
10
|
|
|
|
|
|
|
|
No.
of other persons occupying position of management or employees engaged in
confidential capacity
|
Total
No. of employees
|
Date
of inspection
|
|
Adults
Male
|
Female
|
Young
Persons
|
|
11
|
12
|
13
|
14
|
15
|
|
|
|
|
|
|
Form 3
(See rule 4)
Rajasthan Shops and Commercial Establishment Act, 1958.
Registration Certificate of establishment.
Name of the establishment.
Name of the Occupier/employer.
Postal address of the establishment.
Registration No.
It is hereby certified that the establishment as mentioned herein has been
registered as a............ under the Rajasthan Shops and Commercial
Establishments Act, 1958, this day of..................
|
Seal
|
Inspector,
Shops and Commercial Establishment.
|
(Here insert the category of the establishment).
Renewals
|
Date
of Renewal
|
From
|
To
|
Signature
of the Inspector of Shops and Commercial Establishment with seal.
|
|
1
|
2
|
3
|
4
|
|
1.
|
|
|
|
|
2.
|
|
|
|
|
3.
|
|
|
|
|
4.
|
|
|
|
Form 4
(See rule 5)
Notice of Change
1.
Name
of the establishment.
2.
Name
of Occupier/employer.
3.
Full
address.
4.
Registration
Certificate No. ..............
To.
The
Inspector.
...........Dated............19
Notice
is hereby given that the following change has taken place in respect of
information relating to Form 1 which please note.
Signature
of the Employer.
Notice.
- Notice of change in this form shall be sent together with such fees as are
prescribed in Rule 5.
Form 5
(See rule 6)
Application for Renewal of
Registration Certificate
|
Category
of Establishment
Total
Number of existing employees.
|
Name
of the Establishment.
Postal
Address
|
To
The Inspector of Shops and Commercial Establishment (name of the Place).
As the period of the Registration Certificate No........ originally
granted/subsequently renewed is due to expire on......... or has already
expired on.....
I have to request for its renewal.
|
Dated
|
(Signature
of the Employer).
|
Note. - The application shall be sent
alongwith such renewal fee as is prescribed in Rule 3.
Form 6
(See rule 11)
Notice is hereby given that the Government of Rajasthan proposes to pass an
order under sub-section (1) of section II of the Rajasthan Shops and Commercial
Establishments Act, 1958 that with effect from...... no Shops/Commercial
Establishment situated in........ shall be opened on any day earlier
than........ and/or shall be closed on any day later than.......
Any person wishing to make any objection or suggestion with respect to the
above order shall send the same in writing to the Labour Commissioner before
the........ day of......19 .
Dated this.......... day of.........19 .
Secretary to the
Government.
Form 7
(See rule 12)
Notice of close day
or a change in close day
To,
The Inspector
Shops and Commercial Establishments,
(Name of Place).
Name of the Establishment............
Address..............................
Registration Certificate No..........
Notice is hereby given that with effect from............ the establishment
shall observe............ as the close day.
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Date
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Signature
of Employer.
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This Form shall be user in the case of notice for change in close day.
Form 8
(See rules 13 & 14)
Register of Leave with Wages
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Name
of employee.........
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Occupation........................
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Fathers
name..............
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Date
of Employment........
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Ordinary Leave
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S.
No. in the Register of Workers
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Interruptions
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Adult
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Sickness
& Accident
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Authorised
Leave
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Lockout
or legal strike
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Involuntary
unemployment
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Others
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Child
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1
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2
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3
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4
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5
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6
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7
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Leave
Due with effect from
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Date
from which the worker is allowed leave
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Discharged
worker
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Balance
Due
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Date
of discharge
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Date
and amount of payment made in lieu of leave due
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8
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9
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10
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11
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12
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Signature of Employer
[Form 8-A- Deleted]
Form 9
[Rule 17(1)]
Notice under section
24 of The Rajasthan Shops and Commercial Establishments Act, 1958
Name of the employer..............................
I.................... W/o D/o............... a woman in the employment
of....................
(here insert the name of the establishment)
hereby give notice that (i) I expect to be confined within six weeks from
today;
(2) I will absent myself from the establishment with effect from..............;
(3) I shall not work in any employment during the period, for which I will
receive maternity benefit.
Signature............
Job..................
Date.................
Form 10
[See rule 21 (3)]
Form of Certificate
I hereby certify that I have personally examined (name) ............
son/daughter of.............. castes etc.......... residing at..................and
that he/she has completed his/her twelfth/seventeenth year. His/her description
marks are...............
Medical Practitioner.
Dated...................
Form 11
[Rule 22 (1)]
Register of
Employment
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Month............
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Year...........
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Name
of persons employed
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Whether
young person or not
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Days
of Month
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1
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2
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3
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Time
at which employment commences
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Time
at which employment ceases
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Rest
Interval
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1
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2
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3
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4
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5
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6
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7
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Total
hours worked during the month
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*[Days
on which overtime work is done and extent of such overtime on each day]
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Extent
of overtime worked during the month
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Extent
of overtime worked during the quarter
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Extent
of overtime worked during the year
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8
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9
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10
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11
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12
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Note:- The mark H shall be made in the column relating to any day on which a
holiday is given in accordance with the notice referred to in Rule 13.
This Column need not be filled by Commercial Establishments. In case of Shops,
Residential Hotels, Restaurants and Eating Houses and Theaters and other places
of public amusement or entertainment, the extent of such overtime on each day
shall be recorded in the days column against the employed person distinctively
in red ink, indicating the time up to which, such overtime work was taken from
the employee.
Form 12
[See Rule 22 (1)]
Where opening and
closing hours are ordinarily uniform
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Name
of persons employed
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Whether
young person or not
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Time
at which employment commences
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Time
at which employment ceases
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Rest
interval
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1
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2
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3
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4
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5
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Hours
worked on
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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6
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7
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8
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9
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10
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11
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12
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13
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14
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15
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Total
hours worked during the month
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Days
on which overtime work is done and extent of overtime on each occasion
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Extent
of overtime worked during the month
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Extent
of overtime worked previously during the year
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16
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17
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18
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19
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Note:- The mark H shall be made in the column relating to any day on which a
holiday is given in accordance with the notice referred to in Rule 13.
This Column need not be filled by Commercial Establishments. In case of Shops,
Residential Hotels, Restaurants and Eating Houses and Theaters and other places
of public amusement or entertainment, the extent of such overtime on each day
shall be recorded in the days column against the employed person distinctively
in red ink, indicating the time up to which, such overtime work was taken from
the employee.
Form 13
[See rule 22 sub-rule (2)]
Notice
Daily periods of work of persons employed commencing .... 19
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Name
of Employer
or
establishment
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Description
of Department
(if
applicable)
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Name
of persons employed
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Whether
young person, or not
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Day
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Employment
to commence
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Intervals
for meals and rest
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Employment
to cease
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1
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2
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3
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4
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5
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(Signed)
(Employer)
Note: - 1. This notice must be exhibited not later than the closing hour on the
Saturday preceding the first week in which it is so take effect, and must
continue to be exhibited while it is in force, in such a manner that it may be
readily seen and read by any person whom it affects.
2. The hours to be specified in this notice shall be the hours to be worked
exclusive of overtime.
3. The entries under the leading Intervals for meals rest shall be the actual
times at which the intervals are to begin and end (e.g. 1 p.m. to 2 p.m.)
Form 14
[See rule 22 sub-rule (3)]
Record of Hours of
Work of Persons Employed
(To be used only when Notice in Form
13 is exhibited)
Description of Department
(if applicable)
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Names
of the person employed
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Whether
young person or not
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Total
hours worked during the month
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*Days
on which overtime work is done and extent of such over time on each occasion
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Extent
of overtime worked during the month
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Extent
of overtime worked previously during the month
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This Column need not be filled by Commercial Establishments, in case of Shops,
Residential Hotels, Restaurants and Eating Houses and Theaters and other places
of public amusement or entertainment, the extent of such overtime on each day
shall be recorded in the days column against the employed person distinctively
in red ink. indicating the time up to which, such overtime work was taken from
the employee.
Note: - Entries relating to any day must be made on that day.
Form 15
[Rule 22(4)]
Notice of Weekly Holidays
1.
Name of the establishments.
2.
Full address.
3.
Registration Certificate No.
4.
Until further notice, the person employed in
this establishment and mentioned below shall have holidays every week on the
day shown against each:
5.
If
the same day is fixed for all the persons employed, the word ALL only need be inserted in this column.
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Names
of Persons employed
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Designation/
Department
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Day
of the week
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Signature
Inspector under the Rajasthan Shops
& Commercial Establishments Act
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Signature
of the Proprietor/Partner/
Manager.
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Date.........
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Date.........
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