Punjab Shops and Commercial Establishments Act - A Comprehensive Guide for 2022
The Punjab Shops and Commercial Establishments Act and Rules 1958 contains rules that all shops, commercial establishments, and public amusement and entertainment establishments must abide by and follow. The provisions of the Punjab Shops and Commercial Establishments Act and Rules 1958 apply to the whole of the Punjab State in India.
The Punjab Shops and Commercial Establishments Act or Punjab ACT No. 15 of 1958 received the President’s assent on 25th April 1958. It was published in the Punjab Government Gazette on 1st May 1958.
The Punjab Government also published the Punjab Shops and Commercial Establishments Rules (No. 6089/5544-C-Lab-58) on 13th May 1958 by exercising the powers conferred to the State of Punjab by the Punjab Shops and Commercial Establishments Act 1958’s Section 34.
The Punjab Shops and Commercial Establishments Rules 1958 was approved by the Governor of Punjab before being implemented.
This article explains the various provisions of the Punjab Shops and Commercial Establishments Act and Rules 1958 regarding compliance for shop and commercial establishment owners in the Indian State of Punjab. For convenient understanding, this article on the Punjab Shops and Commercial Establishments Act and Rules 1958 has been divided into the following subsections:
- What is the Punjab Shops and Commercial Establishments Act 1958?
- What is the Punjab Shops and Commercial Establishments Rules 1958?
- What is a Shop?
- What is a Commercial Establishment?
- Punjab Shops and Commercial Establishments Act 1958 - Exemptions
- Which Compliance Forms Must A Shop or Commercial Establishment Owner Submit?
- Compliance Forms Explained
- Form C - Register of employees
- Form E - Register of Deduction
- Form D - Register of Wages
- Form G - Form of change of information
- Form H - Registration of Establishment
- Form F - Statement for Registration of Establishment
- Form A - Intimation of working hours & intervals
- Form B - Display of Notice
- Conclusion
- Key Takeaways
What is the Punjab Shops and Commercial Establishments Act 1958?
The Punjab Shops and Commercial Establishments Act 1958 is a social legislation that specifies the rules to be followed by all shops, commercial establishments, and establishments for public amusement and entertainment registered and operating in the Indian State of Punjab.
The Punjab Shops and Commercial Establishments Act has been primarily designed to protect the employees’ rights in the shops and commercial establishments in Punjab.
The Punjab Shops and Commercial Establishments Act 1958 contains detailed guidelines on the payment of wages, hours of employment, overtime work, rest and meal intervals, maternity leaves/benefits, opening and closing hours, leaves, holidays, rules for employing children, work conditions, registration of establishments, and records maintenance, etc. The 1958 Act also lays the groundwork for filing and submitting compliance forms.
What is the Punjab Shops and Commercial Establishments Rules 1958?
The Punjab Shops and Commercial Establishments Rules 1958 contains details of the compliance forms all shop and commercial establishment owners in Punjab must fill out and submit to the concerned authorities.
The Punjab Shops and Commercial Establishments Rules 1958 explains the various sections of the Punjab Shops and Commercial Establishments Act 1958 in detail.
Besides information about the compliance forms to be filled by the shop and commercial establishment owners, the Punjab Shops and Commercial Establishments Rules 1958 contains information about the maintenance of registers, preservation of records, powers of Inspector, registration process, and health, safety and welfare of workers.
What is a Shop?
According to Section 2(1)(xxv) of the Punjab Shops and Commercial Establishments Act 1958, ‘shop’ refers to any premises where a business or trade is performed. It also refers to any premises where services are offered to customers.
Moreover, it includes godowns, store-rooms, offices, warehouses, or sale depots connected to any business or trade.
However, the definition of ‘shop’ does not include any shop or commercial establishment attached to a factory where employees received the benefits contained in the Factories Act 1948.
What is a Commercial Establishment?
According to Section 2(1)(iv) of the Punjab Shops and Commercial Establishments Act 1958, ‘commercial establishment’ refers to any premises where a profession, trade, or business is performed for profit. It also includes printing or journalistic establishments and establishments dealing with banking, stocks, shares, and insurance.
Furthermore, it includes hotels, eating houses, boarding houses, restaurants, cinema halls, theatres, and other public entertainment and amusement places.
Punjab Shops and Commercial Establishments Act 1958 - Exemptions
The Punjab Shops and Commercial Establishments Act 1958 does not apply to the following establishments and persons:
- Central and State Government offices (except commercial undertakings)
- The Reserve Bank of India
- Any local authority
- Railway administration or railway service
- Water transport service, postal service, tramway, public sanitation or conservancy, and electric supply
- Lawyers’ offices
- Railway dining cars
- Any person whose employment hours are governed by the Factories Act 1948.
- Any person working intermittently
- Petition writer and stamp vendors’ establishments
Which Compliance Forms Must A Shop or Commercial Establishment Owner Submit?
According to the Punjab Shops and Commercial Establishments Act and Rules 1958, all shop and commercial establishment owners in Punjab must fill out and submit eight (8) compliance forms.
Here is a comprehensive list of the compliance forms mandated by the Punjab Shops and Commercial Establishments Act and Rules 1958:
- Form C - Register of employees
- Form E - Register of Deduction
- Form D - Register of Wages
- Form G - Form of change of information
- Form H - Registration of Establishment
- Form F - Statement for Registration of Establishment
- Form A - Intimation of working hours & intervals
- Form B - Display of Notice
Compliance Forms Explained
Let us now understand each compliance form specified in the Punjab Shops and Commercial Establishments Act and Rules 1958.
Form C - Register of employees
Form C - Register of Employees is mentioned in Rule 5 of the Punjab Shops and Commercial Establishments (Act) Rules 1958. It contains vital information about the leaves, remuneration, rest interval, etc., of employees working in a shop or commercial establishment.
In this form, the shop or commercial establishment owner needs to enter the following details:
- Name of Establishment
- Year and Month
- Name of employee
- Father’s/Husband’s name
- Age
- Nature of work
- Date of appointment
- Supervisor
- Interval for Rest and Meals
- Overtime
- Leave
- Signature
- Total workers
- Remuneration due
- Total hours of overtime employment during the month
- Leave availed during the month
Form E - Register of Deduction
Form E - Register of Deduction is mentioned in Rule 5 of the Punjab Shops and Commercial Establishments (Act) Rules 1958. It contains vital information about the wage payable, amount of deduction, etc., of employees working in a shop or commercial establishment. It is good to note that the employer can skip filling out this form if no deductions have been made in a month.
In this form, the shop or commercial establishment owner needs to enter the following details:
- Name of Establishment
- Year
- Acts and omissions approved by the authorities
- Name of employee
- Parentage
- Wage
- Wages Payable
- Amount deducted
- Fault for which deductions made
- Date of deduction
- Whether employee showed cause against deductions
- Amount of deduction and purpose for which utilized
- Date of utilization
- Balance with the employer
- Signature of employee
- Signature of employer
Form D - Register of Wages
Form D - Register of Wages of Employees is mentioned in Rule 5 of the Punjab Shops and Commercial Establishments (Act) Rules 1958. It contains vital information about fixed wages, arrears, due wages, deductions, advances, payments made, etc., of employees working in a shop or commercial establishment.
In this form, the shop or commercial establishment owner needs to enter the following details:
- Name of employee and Father’s name or Husband’s name
- Month
- Year
- Wages Fixed
- Arrears from last month
- Wages earned during the month
- Wages due
- Deductions as shown in Register E
- Advances made on (date)
- Payments made
- Signature of employee
- Signature of employer
- Stamp
Form G - Form of change of information
Form G - Form Of Change In Respect Of Information Contained In Statement Required By Sub-Section 13 is mentioned in Rule 13 of the Punjab Shops and Commercial Establishments (Act) Rules 1958. It contains vital information about any changes in the management team, work hours, address, authorized signatory, etc., in a shop or commercial establishment. The form needs to submit Form G to the Labour Inspector.
In this form, the shop or commercial establishment owner needs to enter the following details:
- I hereby notify that the following change has with effect from _________ (date) taken place in respect of the information relating to the establishment as supplied by me in my statement dated ___________.
- My registration certificate number is __________
- Date _________
- Dated _________
- Signature of the employer
Form H - Registration of Establishment
Form H - Registration Of Establishment Required Under Section 13(2)(1) is mentioned in Rule 13 of the Punjab Shops and Commercial Establishments (Act) Rules 1958. It contains vital information about a shop or commercial establishment as needed for the registration. The shop or commercial establishment owner must submit Form G to the Labour Department.
In this form, the shop or commercial establishment owner must enter the following details:
- Name of the Circle
- Name of town
- Registration No.
- Registration Date
- Name of the employer
- Name and address of the establishment
- Young persons
Form F - Statement for Registration of Establishment
Form F - Statement For Registration Of Establishment Under Section 13 is mentioned in Rule 13 of the Punjab Shops and Commercial Establishments (Act) Rules 1958. It contains vital information about a shop or commercial establishment as needed for registration purposes. The shop or commercial establishment owner must submit Form G to the Labour Department.
In this form, the shop or commercial establishment owner must enter the following details:
- Name and parentage of employer
- Name of Manager, if any
- Name of the establishment
- Full Postal address of the establishment
- Nature of Business
- No. of employees, if any
- No. and date of previous registration certificate surrendered
- Signature of employe
Form A - Intimation of working hours & intervals
Form A - Intimation of working hours & intervals is mentioned in Section 10(1)(1) of the Punjab Shops and Commercial Establishments Act 1958 and Rule 3 of the Punjab Shops and Commercial Establishments Rules 1958. It contains information about the working hours and interval for the rest of the employees (young persons and other persons) in a shop or commercial establishment.
In this form, the shop or commercial establishment owner must enter the following details:
- The working hours and the periods of interval of the persons employed in my establishment are fixed below shall take effect from dated _________
- Name of the employee and father’s or husband’s name
- Working Hours (From and To)
- Interval for Rest (From and To)
- Name and Percentage of the employer with full address
Form B - Display of Notice
Form B - Display of Notice is mentioned in Section 20(1) of the Punjab Shops and Commercial Establishments Act 1958 and Rule 4 of the Punjab Shops and Commercial Establishments Rules 1958. It contains information about the opening and closing hours, working hours, interval for rest, etc., of employees (young persons and other persons) in a shop or commercial establishment.
In this form, the shop or commercial establishment owner must enter the following details:
- Close day if any
- Year
- Opening hours of the Establishment
- Closing hours of the Establishment
- Name and parentage of the Employer
- Name of the Manager, if any
- Name of the Establishment
- Name of Business
- Full address
- Name of the employee and father’s name or husband’s name
- Working Hours (From and To)
- Interval of Rest (From and To)
- Weekly off day
- Date of declaration
- Inspections by authorities
- Signature of the employer (Name and full Address)
Conclusion
The Punjab Shops and Commercial Establishments Act and Rules 1958 specify the rules to be followed by all shops, commercial establishments, and establishments of public amusement and entertainment in the Indian State of Punjab. It also contains information about the compliance forms for all shops and commercial establishments in Punjab.
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Key Takeaways
- The Punjab Shops and Commercial Establishments Act 1958 is a social legislation that specifies the rules to be followed by all shops, commercial establishments, and establishments for public amusement and entertainment registered and operating in the Indian State of Punjab
- The Punjab Shops and Commercial Establishments Act has been primarily designed to protect the employees’ rights in the shops and commercial establishments in Punjab
- According to Section 2(1)(xxv) of the Punjab Shops and Commercial Establishments Act 1958, ‘shop’ refers to any premises where a business or trade is performed
- According to Section 2(1)(iv) of the Punjab Shops and Commercial Establishments Act 1958, ‘commercial establishment’ refers to any premises where a profession, trade, or business is performed for profit