The Punjab Shop And Commercial Establishments Act 1958

It is a State enactment and provides for the regulation of conditions of work and employment in shops and commercial establishments which includes IT and ITE / BPO establishments. A registration has to obtain by every establishment covered under the Act by the owner / authorized person. The safety health and welfare provisions provided in the Act have to be implemented by the employer is such establishments.

REGULATORY PROVISIONS

The Act provides for the regulation of the opening and closing time as well as the weekly off day for the establishments covered under the Act. The Act provides for safety health and welfare for the employees in such establishments. The employment of children is prohibited under the Act; the employment of female employees during the night is also prohibited under the Act. The exemption from the provision of working times and weekly off is provided by the Govt. for the IT/ITE /BPO establishments.

ADMINISTRATIVE MACHINERY

All the Inspecting Officers of the Labour Department are notified as inspectors for the purpose of this Act. On receipt complaints inspections are conducted by the inspectors. For any violation prosecution is filled in the Court of respective area Metropolitan Magistrate by the Inspectors.

PENALTIES

1.In case of any contravention of or failure to comply with the provisions of section 13 of the Act relating to Registration of Establishment, the employer shall be liable for conviction to a fine which shall not be less than Rs 1000 but which may be extended to Rs 3000 along with the prescribed registration or renewal fee.

2.The employer shall be liable on conviction to a fine not exceeding Rs 100 for the first offence and Rs 300 for every subsequent offence.

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