Haryana Shops & Establishments Act

Summary

The Haryana Shops & Commercial Establishments Act, and Rules, are applicable to all the shops and commercial establishments in the areas notified by Government of Haryana.The State of Haryana is following the Punjab Shops & Commercial Establishments Act of 1958.

The Act is enacted for the purpose of protecting the rights of employees.

The Act provides regulations of the payment of wages, terms of services, work hours, rest intervals, overtime work, opening and closing hours, closed days, holidays, leaves, maternity leave and benefits, work conditions, rules for employment of children, records maintenance, etc.

Definitions

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, by4 notification in the Official Gazette , to be a commercial establishment for the purposes of this Act;

Establishment means a shop or a commercial establishment;

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, sales 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.

Registration

Within thirty days, Establishments existing in areas to which this Act applies or where this Act is extended (The date on which the Act comes into force or the date on which the Act is extended, as the case may be); and New establishments in such areas (The date on which the establishment commences its work) shall send to the prescribed authority concerned a statement in the prescribed form accompanied by such fee as may be prescribed and] containing:–

• the name of the employer and the manager, if any;
• postal address of the establishment;
• the name, if any, of the establishment ;
• number of persons employed in the establishment; and
• such other particulars as may be prescribed.

On receipt of the statement and the prescribed fee, the authority shall, on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such a manner as may be prescribed and shall issue in a prescribed form a registration certificate to the employer. The registration certificate shall, on demand by the Inspector, be shown to him by the employer.

The registration certificate shall be renewable by the 31st March after every three years. Thirty days grace time shall, however, be allowed for the renewal of the certificate after payment of prescribed fee.

Exemptions

Nothing in this Act shall apply to –

• offices of or under the Central or State Government (except commercial undertakings), the Reserve Bank of India, any railway administration or any local authority;
• any railway service, air service, water transport service, tramway, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry, business or undertaking which supplies power, light or water to the public;
• railway dining cars;
• offices of lawyers;
• any person employed about the business of any establishment mentioned above;
• any person whose hours of employment are regulated by or under the Factories Act, 1948, except the provisions of sub-section (3),(4) and (5) of Section 7 of this Act in so far as they relate to employment in a factory;
• any person whose work is inherently intermittent;
• establishment of stamp vendors and petition writers.

Compliances

References

• Amendment - Haryana Government has framed the Self Certification Scheme September 2016
• Haryana Shops and Establishments Act
• Haryana Labour Department - E Services