Section 2 in Himachal Pradesh Shops and Commercial Establishments Act, 1969
2. Definitions.
(1)In this Act, unless the context otherwise require:-(i)"closed" means not open for the service of any customer or for any other purpose whatsoever relating to business;(ii)"close-day" means the day of the week on which a shop or commercial establishment remains closed;(iii)"closing-hour" means the hour at which a shop or commercial establishment closes;(iv)"commercial establishment" means any premises wherein any business, trade or profession is carried on for profit, and includes journalistic or printing establishment and premises in which business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on or which is used as hotel, restaurant, boarding or eating house, theatre, cinema or other place of public entertainment or any other place which the Government may declare, by notification, to be a commercial establishment for the purposes of this Act;(v)"day" means a period of twenty-four hours beginning at midnight:Provided that in the case of any employee whose hours of work extend beyond midnight, "day" means the period of twenty-four hours beginning from the time when such employment commences;(vi)"employee" means any person employed, whether directly or otherwise, about the business of an establishment for the owner or occupier thereof even though he receives no reward for his labour and includes, for the purpose of any matter regulated by this Act, a person discharged or dismissed whose claims have not been settled in accordance with this Act, and persons employed in any factory but not governed by the Factories Act, 1948 (Central Act, 63 of 1948);(vii)"employer" means a person having charge of or owning or having ultimate control over the affairs of an establishment and include members of the family of an employer, a manager, agent or other person acting in the general management or control of the establishment;(viii)"establishment" means a shop or a commercial establishment;(ix)"factory" has the meaning assigned to it in the Factories Act,1948 (Central Act: 63 of 1948);(x)"family" in relation to an employer, means:(i)spouse;(ii)children and step-children; and(iii)parents, sisters and brothers if residing with and wholly dependent upon him;(xi)"festival" means any festival which the Government may, by notification, declare to be a festival for the purposes of this Act;(xii)[X X X] [The definition of 'Government' omitted by A.O. 1973, effective from 25th January, 1971.](xiii)"hours of work" or "working hours" means the time during which the persons employed are at the disposal of the employer exclusive of any interval allowed for rest and meals;(xiv)"inspector" means an inspector appointed under this Act;(xv)"leave" means leave as provided for in section 14;(xvi)"manager" in relation to an establishment where five or more persons are employed or an establishment whose owner does not ordinarily carryon the business personally, means a person declared as such by the employer in the prescribed manner;(xvii)"night" means a period of twelve consecutive hours which shall include the interval between 8 P.M. to 6 A.M.;(xviii)"notification" means a notification published under proper authority in the Official Gazette;(xix)"Official Gazette" means Rajpatra, Himachal Pradesh;(xx)"opened" means opened for the service of any customer or for any business connected with the establishment;(xxi)"opening hour" means the hour at which an establishment opens;(xxii)"prescribed" means prescribed by rules made under this Act;(xxiii)"quarter" means a period of three months commencing on the first day of January, first day of April, first day of July or first day of October, every year;(xxiv)"retail trade or business" includes the business of a barber or hair dresser, the sale of refreshments or intoxicating liquors, and retail sales by auction;(xxv)"register of establishments" means a register maintained for the registration of establishments under this Act;(xxvi)"registration certificate" means a certificate showing the registration of an establishment;(xxvii)"shop" means any premises where any trade or business is carried on or where services are rendered to customers, and includes offices, store-rooms, godowns, sale depots or warehouses, whether in the same premises or otherwise, used in connection with such trade or business, but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (Central Act, 63 of 1948);(xxviii)"spread-over" means the period between the commencement and the termination of work of an employee on any day;(xxix)"wages" shall have the meaning assigned to it in the Payment of Wages Act, 1936 (Central Act, 4 of 1936);(xxx)"wage period" means the period after which the wages of an employed person shall be paid;(xxxi)"normal wages" means the period between midnight on Saturday and midnight on the following Saturday;(xxxii)"young person" means a person who has attained the age of fourteen years but has not attained the age of eighteen years; and(xxxiii)[ "year" means any year reckoned according to British Calendar.] [Substituted vide H.P. Act No. 15 of 2004.](2)For the purposes of this Act, any employment in the service of the employer of an establishment whether within the establishment or outside it, which relates to or is connected with or is ancillary to the business carried on at the establishment shall be deemed to be employment about the business of the establishment.
