These rules may be called the
Punjab Shops and Commercial Establishments Rules. 1958.??? In these rules, unless there is
anything repugnant in the subject or context, - (a)
"Act" means the Punjab Shops and Commercial
Establishments Act, 1958; (b)
"Chief Inspector" means the Chief Inspector of Shops and
Commercial Establishments. Punjab; (c)
"Form" means a form appended to these rules; (d)
"Inspector" means an inspecting officer appointed under
section 19 of the Act.??? Subject to the provisions of
section 6 of the Act, the period of work of a young person in an
establishment shall be so fixed that, inclusive of his interval for rest,
the spread over shall not be more than' seven hours a day.]??? (1)
An intimation under clause (i) of sub-section (2) of section
10 of the Act shall be sent by the employer in Form 'A' 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 proviso to sub-rule (1)
employs in his establishment any person at any subsequent time, he shall send
the intimation in Form A to the Inspector within one week of the employment of
such person. The notice under sub7 section (1)
of section 20 of the Act to be exhibited by the employer in his establishment
shall be, in Form B.??? 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 C;. (2)
a register of wages of employees in Form D; and (3)
a register of deductions in Form E.??? (1)
Every register. Form or record required to be maintained or
furnished under the Act and these rules shall be in English and Punjabi
and all entries therein shall be legibly made in ink. (2)
Every such register shall be duly bound and page-marked in serial
number.??? All registers and records
required to be maintained under the Act and these rules shall be preserved by
the employer for a period of two years to be calculated from the date to which
such records or registers relate.??? The payment in respect of
overtime shall be made by the employer to an employee on the next pay day under
section 16 of the Act. Acts and omissions on the part of
employees for purposes of imposition of fine and the manner in which the amount
of fine so imposed is to be utilised 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.??? For carrying out the purposes of
the Act an Inspectmay- (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.??? Omitted vide Punjab Govt.
No. 251/P.A. 15/58/S. 34/Amd (2)/64 dated 16.1 1.64.??? (1)
The maternity benefit payable to a woman under section 31 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 its recovery be
deemed to be a part of her wages illegally withheld.??? (1) A
statement required under section 13 of the Act for registration of an
establishment or its renewal shall be submitted by the employer to
the Inspector of the area within whose jurisdiction the establishment is
situated in triplicate in Form F, and the Inspector shall issue the
registration certificate as required under clause (i) of sub-section (2)
of section 13 of the Act in the same Form 2[within fifteen
days of the receipt of the statement by him.] (2) The
notice about any change as required under sub-section (4) of section 13 shall
be given to the Inspector referred to in sub-rule (1) in Form G and the
registration certificate shall be sent along with such notice. ? (3) The
registration certificate shall be returned by the Inspector to the employer [2]
[after making the necessary amendment therein, within 15 days of the receipt of
the notice referred to in sub-rule (2).] (4) A
register of establishments in Form H shall be maintained in the office of the
Inspector. (5) 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 area
the establishment is situated...,??? No application for the grant of
an exemption under section 28 of the Act shall be entertained unless received
by Chief Inspector within one month before the date of commencement of the
period in respect of which the exemption is required.??? (1)
The premises of every establishment shall be - (i)
kept clean and free from accumulation of dirt and refuse; (ii)
kept sufficiently lighted during all working hours; (iii)
properly ventilated so as to permit sufficient air and light into
the premises; (iv)
transparent-washed and varnished at least once in a year and notice
indicating the date of last transparent-washing and varnishing shall be exhibited in
the premises. (2)
Where the floor 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 proper arrangements shall be made for
providing sufficient supply of drinking water to the persons employed in the
establishment. The water so supplied shall be fit for human consumption and
shall be stored in a sheltered place and kept properly covered. (4)
The employer of every establishment will provide and maintain at a
convenient place at least one spitoon in a clean and hygienic condition with a
disinfectant in it which may be liquid or sand covered with lime. The
disinfectant shall be replaced daily. (5)
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. (6)
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. (7)
No stationary internal combustion engine shall be operated in any
establishment unless exhaust is conducted into the open air, and no other
internal combustion engine shall be operated in any room unless effective
measures have been taken to prevent such accumulation of fumes there from
as are likely to be injurious to the employees working in the establishment.??? (1)
Every dangerous part of a machinery in an establishment
shall be security fenced by safeguards of substantial construction which
shall be kept in position while the parts of machinery they are fincing
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 tight fitting clothes for the
purpose will be provided by the employer.??? (1)
Every establishment shall be provided with adequate means of escape
in case of fire. (2)
In every establishment the doors affording exit from any room
shall not be locked or fastened so that they can be easily and immediately
opened from inside while any person is within the room. (3)
In every establishment buckets and/or chemical fire extinguishers
shall be provided in suitable number and at suitable sites according to the
nature of work carried on and the size of the premises.??? (1)
in every establishment a first-aid box with the following contents
shall be maintained - (1)
six medium sterilized dressings; (2)
six 2-1/2" bandages; (3)
one ounce bottle containing 2 per cent alcoholic iodine; (4)
one ounce bottle containing selvolatile having the dose and mode
of administration indicated on the label; (5)
one paid or scissors; (6)
one tube of Burnol; (7)
one ounce olive oil to be used as eye drops; (8)
one roll of sticking plaster; (9)
one copy of the first-aid leaflet issued by the Chief Inspector. (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 safeguard 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 certifying surgeon or
by doctor incharge of civil dispensary, where certifying surgeon is not
available. A certificate in Form I to the effect that the person so examined is
free from communicable diseases shall be obtained and 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.??? Rules 16, 17, 18 and 19 shall
apply to those establishments only in which persons are employed by the
employer.??? (1)
If any dispute arises with regard to the adequacy of the
measures adopted in accordance with rules 16,17,18and 19 it shall be referred
to the Chief Inspector whose decision shall, subject to the provision of
sub-rule (2), be final. (2)
An appeal shall lie against the decision of the Chief Inspector in
respect of matters specified in sub-rules (6) and (7) of rule 16 and [4]
[ - ] rule 17 to the Labour Commissioner, Punjab, within a period of one month
from the date on which decision of the Chief Inspector is received by the
employee. [5] [Explanation.--"Dispute"
means any difference of opinion between an employer or an employee and the
Inspector under the Act.]??? [1] Inserted
by Punjab Government Notification No. G.S.R. 120/P.A. I5/58/S.34 Amd. (4)/68.
dated the 4th December. l%8. [2] Inserted
vide Punjab Government Notification No. G.S.R. 257/P.A 15/58/S. 34/Amd. (2)/64.
dated the 16th November. 1964 [3] Omitted
vide Punjab Government Notification No. G.S.R. 257/P.A 15/58/S. 34/Amd. (2)/64,
dated the 16th November. 1964. [4] Omitted
vide Punjab Government Notification No. G.S.R. 257/P.A 15/58/S. 34/Amd. (2)/64,
dated the 16th November. 1964. [5] Inserted
vide Punjab Government Notification No. G.S.R. 257/P.A 15/58/S. 34/Amd. (2)/64.
dated the 16th November. 1964 [6] Omitted
vide Punjab Government Notification No. G.S.R. 257/P.A 15/58/S. 34/Amd. (2)/64,
dated the 16th November. 1964.THE PUNJAB SHOPS AND COMMERCIAL
ESTABLISHMENTS RULES, 1958