In exercise of the powers conferred by section 53 of the Jammu and
Kashmir Shops and Establishments Act, 1966 (XXXIX of 1966) the Government
hereby make the following rules the same having previously been published as
required by Sub-section (3) of the said Section 53, namely:- These rules may be
called the Jammu and Kashmir Shops and Establishments Rules, 1968. In these rules
unless the context otherwise requires, (a)
"Act" means the Jammu and Kashmir Shops and
Establishments Act, 1966 (XXXIX of 1966); (b)
"Form" means a form appended to these rules; (c)
"Section" means a section of the Act; (d)
"Medical Practitioner" means a person holding a
qualification granted by an authority specified in the schedule to the Jammu
and Kashmir State Medical Registration Act, 1998 (IV of 1998); (e)
"Manufacturing process" has the same meaning as
is assigned to it in the Jammu and Kashmir Factories Act, 1957[1]; (f)
all words used but not defined in these rules shall have
the meaning assigned to them in the Act. (1) A
statement required under Section 6 for the registration of an establishment
shall be sent by the employer/owner to the Inspector of the area within
whose jurisdiction the establishment is situate in Form A and shall be
accompanied with the following fees: [2][(i) Hotel (A and E),
Nursing Homes, Cinema Halls, privately managed educational institutions (+2
level and above), privately managed professional colleges and institutions,
Petrol Pumps, Insurance Companies excluding Life Insurance Corporation,
Financial Institutions, Banks excluding Reserve Bank of India and State Bank
of India, Chartered Accountant Chambers, and Wine Shops, Vehicle Show Rooms,
Gas Agencies, and Shops and Commercial Establishments employing 20 or more
workers (not covered under Factories Act). Rs. 2000/- per
annum. (ii) Computer
Training Centres, Jewellers, STD/ISD/PCO Centres, Health Fitness Centres, Health
Clinics, X- Ray/Ultra Sound/ECG Centres, Hostels (C&D Categories),
Banquet Halls (Janjgahars), Cable Operators, Medical Agencies, Agencies other
than Medical Agencies, Privately managed High Schools, Ice Factories and
Shops and Commercial Establishments employing 10 to 19 workers (Not covered
under Factories Act). Rs. 1000/- per
annum. (iii) Privately
managed Middle Schools. Rs. 800/- per
annum. (iv) Clinical
Laboratories, Privately managed Primary Schools, Beauty Parlours, Printing
Presses, Tent and Light Houses, Ice Candy and Shops and Commercial
Establishments employing 5 to 9 workers (Not covered under Factories Act). Rs. 500/- per
annum. (v) Band-Saw Mills,
Shops and Commercial Establishments employing 3 to 4 workers (Not covered
under Factories Act). Rs. 300/- per
annum. (vi) Shops and
Establishments employing less than 3 Rs. 150/-per
workers.1 annum (vii) Shops and
Commercial Establishments run by the Owners without
any employees. Rs. 50/-per
{[annum:] Provided that the
licences renewed at a time for two or three years shall be allowed a rebate at
the rate of 50% and 10% respectively on the total fees otherwise payable. (2)
The Register of establishments under Sub-section (3) of
section 6 shall be in Form B and shall be divided in the following categories: (1)
Shops. (2)
Establishments. (3)
Residential hotels. (4)
Restaurants and eating houses. (5)
Theatres and other places of public amusements or
entertainment. An establishment
shall be registered under the appropriate category to which it belongs. (3) The
registration certificate to be issued under Sub-section (3) of Section 6 shall
be in Form C. For the renewal of
the registration every registered establishment shall submit to the Inspector
concerned Form A duly filled in along with Form C before 31st of March every
year. The Inspector, having satisfied himself about the correctness of Form A,
shall make necessary entries in Form C and shall send it to the concerned
employer/owner/agent or manager, as the case may be. The renewal fees
shall be the same as is prescribed for registration under Sub-rule (1) of Rule
3. In the event of
loss or destruction of the registration certificate, an application shall be
made to the Inspector concerned within 7 days of such loss or destruction for a
duplicate copy thereof, which may be granted on payment of a fee of two rupees. Any fee prescribed
in these rules shall be credited into Government Treasury in the State under
the appropriate head. Any change to be
communicated to the Inspector under section 7 shall be in Form D. (1)
A notice regarding closure of the establishment to be notified
to the Inspector under Section 8 shall be in Form E, and shall be accompanied
by the registration certificate of such establishment. (2)
If an employer transfers his establishment to any other
person, he shall within 10 days of such transfer notify the fact to the
Inspector. An Inspector may
require an employer to produce in respect of any person employed by him whom
the Inspector suspects to be a child as proof of his age, (i)
an authentic extract from the school record, or (ii)
a certificate age from a registered medical practitioner
in Form F. (1)
Every employer shall maintain a register of leave in Form
G in respect of each employee 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 on demand. (3)
The employer shall provide each employee with a book
called 'leave book' in Form H. The leave book shall be the property of an
employee and the employer or his agent shall not demand it except to make
entries of the dates of leave availed and shall not keep it with him for more
than a week at a time. (4)
If an employee losses his leave book, he shall be
responsible for producing the new one and the employer shall complete the
entries therein from his records. (5)
Any casual leave not availed of by an employee during the
calendar year shall lapse. (6)
The register for entering the complaint of the employees
for refusal of leave under Sub-Section (3) of Section 26 shall be in Form Q. (7)
Whenever leave with wages is given to an employee,
necessary entries shall be made in the register and in the leave book of the
concerned employee. Every employer
shall get permission from the Inspector concerned at least three days before he
intends to get overtime from the employee. Every employer
shall furnish service card to each of his employees in Form P and duplicate
copy thereof shall be sent to the Inspector concerned. (1) In
every establishment where manufacturing process is carried on all the inside
walls of the rooms and all the ceilings and tops of such rooms whether such
walls, ceiling and tops 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 the time when last lime-washed or colour-washed: Provided that an
Inspector may require these to be lime-washed or colour-washed earlier than two
years if in his opinion these have become so unclean as to require immediate
lime-washing or colour-washing. (2) All
the beams, rafters, doors, window frames and other wood work, with the
exception of floors, shall be either painted or varnished once in 7 years
dating from the period when last painted or varnished and shall be kept in a
cleanly state. The dates on which lime-washing, colour-washing, painting or
varnishing is carried out shall be duly entered in a register maintained in
Form I which shall be produced before the Inspector when required: Provided further
that the provision of this rule shall not apply to (i)
establishments used only for the storage of articles; (ii)
walls or tops of rooms of an establishment which is made
of galvanized iron, tiles, asbestos, sheets of similar material or glazed
bricks. (3)
No rubbish, filth or debris shall be allowed to
accumulate or to remain on premises in an establishment in such a position that
effluvia therefrom can arise within the establishment. (1)
Every establishment where manufacturing process is
carried on shall be provided with adequate means of escape in case of fire. (2)
In every establishment where manufacturing process is
carried on, the doors affording exit from any room shall not be locked or
fastened so that these cannot be easily and immediately opened from inside
while any person is within the room. (3)
In every such establishment buckets and chemical fire
extinguishers shall be provided in suitable number and at suitable sites
according to the nature of the work carried on and the size of the premises. (1)
Every dangerous part of machinery in an establishment
shall be securely fenced by safeguards of substantial construction. (2)
In every establishment where manufacturing process is
carried on with the aid of electric power, suitable devices for cutting of
power in emergencies from running machinery shall be provided and maintained. (3)
No employee with loose clothes on shall be allowed or
made to work near the moving machinery or belt. (1)
In every establishment where manufacturing process is
carried on, first-aid box with the following contents shall be maintained: (i)
Six medium sterilized dressing; (ii)
Six 2 and 1/4 bandages; (iii)
One ounce bottle containing 2 per cent alcoholic iodide; (iv)
One ounce bottle containing slavolatile having the dose
and mode of administration indicated on the label; (v)
One pair of scissors; (vi)
One tube of eye ointment; (vii)
One role of striking plaster; (viii)
Surgical cotton. (2)
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 safe guard the health of the
persons employed in the premises. (3)
The employer of every establishment where food, drink and
beverage is served to the customers will have all the persons employed in
connection with the business of the establishment including the employer,
medically examined at least once in a year by a registered medical practitioner.
A certificate in Form J to the effect that the person so examined is free from
communicable diseases shall be obtained from registered medical practitioner.
This certificate shall be produced before the Inspector on demand: Provided that if
an employee shifts to another concern before the expiry of one year from the
date of medical examination it will not be necessary for him to get a fresh
Medical certificate and a copy of the certificate already issued will be considered
sufficient for the purposes of these rules. An Inspector while
making an examination under Section 35, for the purpose of satisfying himself,
that the provisions of the Act and these rules and any orders passed thereunder
are duly observed, shall, among other things, ascertain the following facts: (i)
that the establishments are duly registered under the
Act; (ii)
that the registers, records and notices required to be
maintained or displayed under the Act or these rules are properly maintained or
displayed; (iii)
that holidays required to be granted or observed under
the Act are granted and observed and that the limits of hours of work and
spread-over laid down under the Act are not exceeded; (iv)
that the provisions of the Act and any orders issued
thereunder regarding the opening and closing hours are duly observed, (v)
that the provisions of the Act and these rules regarding
leave are properly observed; (vi) that the provisions of the Act and these
rules relating to the payment for overtime are duly observed; (vi)
that the provisions of the Act and these rules relating
to cleaning, sanitation and precautions against fire are properly observed; and (vii)
may cause to be taken a photograph of any employee or the
premises of any establishment. The Inspector
shall record an inspection note in duplicate in Form K, the original of which
shall be handed over to the establishment inspected and the duplicate copy
retained on the inspection note book in the running serial order. The employer
shall paste the original copy of the inspection note so recorded on a bound
visit book which shall be maintained for the purpose in the form of a blank
register. The inspection book shall be produced to the Inspector on demand for
ascertaining compliance of instructions given on any previous inspection. (1)
Every employer shall maintain a register of employees
showing attendance, overtime work and account of wages in respect of each
employee under him in Form L. (2)
Every employer shall exhibit in his establishment a
notice in Form M specifying the day or days on which his employee shall be
given holiday. (3)
Every employer shall exhibit in his establishment a
notice specifying the daily working hours and intervals for rest and meals to
be allowed to the employees. Such notice shall be in Form N. Any change in
fixing the working hours shall be effected once in three months with the prior
permission in writing of the Inspector concerned. (4)
Every employer shall prominently display in Form O in a
conspicuous place a notice showing the day of the week on which his establishment
shall remain closed. The employer shall not alter such day more often than once
in three months without the previous permission in writing of the Inspector
concerned. (5)
Every employer shall mark the attendance of the employees
according to English Era. (6)
Every employer shall get all the registers and records to
be mentioned by him stamped by the Inspector concerned. (7)
Any notice required to be exhibited under these rules
shall be conspicuously displayed in such manner that it can be conveniently
seen and read by any person whom it affects and shall be renewed by paying the
fee as prescribed in Sub-rule (1) of Rule 3 whenever it becomes defaced or
otherwise ceases to be clearly legible. (8)
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
such day. The registers and records shall always be complete. (9)
The registers, records and notices relating to any
calendar year shall be preserved for three subsequent years. (10)
All registers, records and muster rolls and notices
maintained, exhibited or given under this rule shall be either in English or in
Urdu script. (11)
Every employer shall maintain a register in which the
original copies of the notices handed over by the Inspector to the employer
under Rule 19 shall be incorporated serially date-wise. These shall be produced
before the Inspector on demand. No application for
grant of an exemption under Section 5 shall be entertained unless received by
the Government at least one month before the commencement of the period for
which the exemption is requested for. Under Sub-section
(1) of Section 51 the word misconduct means: (a)
willful insubordination or disobedience, whether alone or
in combination with others, to any lawful and reasonable order of the superior; (b)
theft, fraud, dishonesty in connection with the
employer's business or property; (c)
willful damage or loss of employer's goods or property; (d)
taking or giving bribe or any illegal gratification; (e)
habitual absence without leave of absence or absence
without leave for more than ten days; (f)
habitual late attendance; (g)
habitual breach of any law applicable to the
establishment; (h)
vicious or disorderly behaviour during working hours at
the establishment or any act subversive of discipline; (i)
habitual negligence or neglect of work, and it shall be
established only after the employee has been given in writing an opportunity of
being heard. A contravention of
any of the provisions of these rules shall be punishable with fine which may
extend to one hundred rupees. The Jammu and
Kashmir Shops and Commercial Establishments Rules, 1962 are hereby
repealed. THE JAMMU AND KASHMIR SHOPS AND
ESTABLISHMENTS RULES, 1968
PREAMBLE