State of Rajasthan - Act
The Rajasthan Shops and Commercial Establishment Rules, 1959
RAJASTHAN
India
India
The Rajasthan Shops and Commercial Establishment Rules, 1959
Rule THE-RAJASTHAN-SHOPS-AND-COMMERCIAL-ESTABLISHMENT-RULES-1959 of 1959
- Published on 15 May 1959
- Commenced on 15 May 1959
- [This is the version of this document from 15 May 1959.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
- (i) These Rules may be called the Rajasthan Shops and Commercial Establishments Rules, 1959.2. Definitions.
- (i) In these rules, unless there is anything repugnant in the subject or context:-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 :-| 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/-] |
4. Manner of Registering Establishment and form of Registration Certificate.
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.6. Renewal of Certificate.
7. Transfer of Certificate.
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.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/-] [Substituted by Dated 19-6-2000, published in Rajasthan Gazette Extraordinary, part IV-C, dated 26-6-2000, page 47(1).].10. Payment of fees.
- 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] [Inserted by Dated 31-1-1961, published in Rajasthan Gazette Extraordinary, part IV-C, dated 6-4-1961.] 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."10A. [ [Inserted by Dated 18-4-1961, published in Rajasthan Gazette Extraordinary, part IV-C, dated 18-5-1961.]
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.]11. Enquiry by Government before passing orders fixing opening and closing hours of shops.
12. Notice of weekly holidays.
- The notices required under subsection (1) of section 12 shall be in Form No. 7.13. Leave Wages Register.
14. Leave book.
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.16. Amount of maternity benefit.
17. Procedure regarding payment of maternity benefit.
18. Payment of maternity benefit in case of woman's 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.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.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-21. Manner of Examination of premises etc.
22. Maintenance of Registers and records and display of notices.
23. Cleanliness.
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.24A. [ List of acts which may be termed as misconduct. [Inserted Vide Dated 30-1-1973, published in Rajasthan Gazette part IV-C, dated 20-1-1977, page 638.]
24B. Complaint under sub-section (2) of section 28-A.
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 4Part 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 employer's 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 |
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 employer's family | ||
| Male | Female | Young persons | ||
| 8 | 9 | 10 | ||
| No. of other persons occupying position ofmanagement or employees engaged in confidential capacity | Total No. of employees | Date of inspection | ||
| Adults Male | Female | Young Persons | ||
| 11 | 12 | 13 | 14 | 15 |
| Seal | Inspector,Shops and Commercial Establishment. |
| Date of Renewal | From | To | Signature of the Inspector of Shops andCommercial Establishment with seal. |
| 1 | 2 | 3 | 4 |
| 1. | |||
| 2. | |||
| 3. | |||
| 4. |
1. Name of the establishment.
2. Name of Occupier/employer.
3. Full address.
4. Registration Certificate No. ..............
To.The Inspector............Dated............19Notice 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 EstablishmentTotal Number of existing employees. | Name of the Establishment.Postal Address. |
| Dated | (Signature of the Employer). |
| Date | Signature of Employer. |
| Name of employee......... | Occupation........................ |
| Father's name.............. | Date of Employment........ |
| S. No. in the Register of Workers | Interruptions | |||||
| Adult | Sickness & Accident | Authorised Leave | Lockout or legal strike | Involuntary unemployment | Others | |
| Child | ||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Leave Due with effect from | Date from which the worker is allowed leave | Discharged worker | Balance Due | |
| Date of discharge | Date and amount of payment made in lieu of leavedue | |||
| 8 | 9 | 10 | 11 | 12 |
| Month............ | Year........... |
| Name of persons employed | Whether young person or not | Days of Month | ||||
| 1 | 2 | 3 | ||||
| Time at which employment commences | Time at which employment ceases | Rest Interval | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Total hours worked during the month | *[Days on which overtime work is done and extentof such overtime on each day] | Extent of overtime worked during the month | Extent of overtime worked during the quarter | Extent of overtime worked during the year |
| 8 | 9 | 10 | 11 | 12 |
| Name of persons employed | Whether young person or not | Time at which employment commences | Time at which employment ceases | Rest interval |
| 1 | 2 | 3 | 4 | 5 |
| Hours worked on | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |
| Total hours worked during the month | *Days on which overtime work is done and extentof overtime on each occasion | Extent of overtime worked during the month | Extent of overtime worked previously during theyear |
| 16 | 17 | 18 | 19 |
| Name of Employeror establishment | Description of Department(if applicable) |
| Name of persons employed | Whether young person, or not | Day | ||
| Employment to commence | Intervals for meals and rest | Employment to cease | ||
| 1 | 2 | 3 | 4 | 5 |
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)| Month...... | Year.... |
| Names of the person employed | Whether young person or not | Total hours worked during the month | *Days on which overtime work is done and extentof such over time on each occasion | Extent of overtime worked during the month | Extent of overtime worked previously during themonth |
1. Name of the establishments.
2. Full address.
3. Registration Certificate No.
Until further notice, the person employed in this establishment and mentioned below shall have holidays every week on the day shown against each:| Names of Persons employed | Designation/ Department | Day of the week |
| SignatureInspector under the Rajasthan Shops& Commercial Establishments Act | Signatureof the Proprietor/Partner/Manager. | |
| Date......... | Date......... |