Short title, extent, commencement and application
(1) This Act may be called the Delhi Shops and Establishments Act, 1954.
(2) It extends to the whole of Union territory of Delhi.
(3) It shall come into force on such date as Government may, by notification in the Official Gazette, appoint in this behalf.
(4) It shall apply in the first instance only to the municipal areas, Notified Areas and cantonment limits of Delhi, New Delhi, Shahdara, Civil lines, Mehrauli, Red Fort and Delhi cantonment but government may, (by notification in the official Gazette), direct that it shall come into force in any other local area or areas or shall apply to such shops or establishments or class of shops and establishments in such other areas as may be specified in the notification.
[(1A) ' apprentice" means a person, who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft or employment in any establishment;]
(2) "child" means a person who has not completed his twelfth year of age;
(3)"child day" means the day of the week on which a shop or commercial establishment remains closed;
(4) "closing hours" means the hour at which a shop or commercial establishment closes;
(5) "commercial establishment" means any premises wherein any trade, business or profession or any work in connection with, or incidental or ancillary thereto, is carried on and includes a society registered under the Societies registration Act 1860 (XXI of 1860) and charitable or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with or incidental or ancillary thereto, journalistic and printing establishments, contractors and auditors establishments quarries, and mines not governed by the Mines Act, 1952 (XXXV of 1952), educational or other institution run for private gain and premises in which business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, but does not include a shop or a factory registered under the Factories Act, 1948 (LXIII of 1948), or theatres, cinemas, restaurants, eating houses, residential hotels, clubs or other places of public amusement or entertainment;
(6) "day" means a period of twenty-four beginning at mid-night;
Provided that in the case of an employee whose hours of work extend beyond midnight, day means the period of twenty-four hours beginning when such employment commences irrespective of midnight:
[(7) "employee" means a person wholly or principally employed, whether directly or otherwise, and whether for wages, (payable on permanent, periodical, contract, piece-rate or commission basis) or other consideration, about the business of an establishment and includes an apprentice and any person employed in a factory but not governed by the Factories Act, 1948 (LXIII of 1948), and for the purpose of any matter regulated by this Act, also includes a person discharged or dismissed whose claims have not been settled in accordance with this Act;]
(8) "Employer" means the owner of any establishment about the business of which persons are employed, and where the business of such establishment is not directly managed by the owner, means the manager, agent, or representative of such owner in the said business;
(9) "establishment" means a shop, a commercial establishment, residential hotel, restaurant, eating house, theatre or other places of public amusement or entertainment to which this Act applies and includes such other establishments as Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;
(10) "factory" means a factory as declared or registered under the Factories Act, 1948 (LXIII of 1948);2
(11) "family" means the husband, wife, son, daughter, father, mother, brother, sister or grand-son of an employer, living with and wholly dependent on such employer;
(12) "Government" means the Chief Commissioner, Delhi;
(13) "holiday" means a day on which an establishment shall remain closed, or on which an employee shall be given a holiday under the provisions of the Act;
(14) "hours of work" or "working hours" mean the time during which the persons employed are at the disposal of the employer exclusive of any interval allowed for rest and meals and "hours worked" has a corresponding meaning;
(15) "Inspector" means an Inspector appointed under section 36 of the Act;
(16) "leave" means leave as provided for under this Act;
(17) "occupier" means a person owning or having charge or control of the establishment and includes the manager, agent or representative of such occupier;
(18) "opening hour" means the hour at which (a shop or commercial establishment) opens for the service of a customer;
(19) "prescribed" means prescribed by rules made under this Act;
(20) "Register of Establishments" means a register maintained for the registration of establishment under this Act;
(21) "Registration Certificate" means a certificate showing the registration of an establishment;
(22) "religious festival" means any festival which the Government may by notification in the Official Gazette declare to be a religious festival for the purposes of this Act;
(23) "residential hotel" means any premises in which business is carried on for the supply of dwelling accommodation and meals on payment of a sum of money by a traveller or any member of the public or a class of the public and includes a club;
(24) "restaurant" or "eating-house" means any premises in which is carried on wholly or principally the business of the supply of meals or refreshment to the public or a class of the public for consumption on the premises;
(25) "retail trade or business" includes the business of a barber or hair-dresser, the sale of refreshment of intoxicating liquors, and retail sales by auction;
(26) "schedule" means a schedule appended to this Act;
(27) "shop" means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store-room, godown, warehouse or workhouse or work place, whether in the same premises or otherwise, used in or in connection with such trade or business but does not include a factory or commercial establishment;
(28) "spread over" means the period between the commencement and the termination of the work of an employee on any day;
(29) "summer" means the period covering the months of April, May, June, July, August and September;
(30) "wages" means wages as defined in section 2 of the Minimum Wages Act, 1948 (XI of 1948);
(31) "week" means a period of seven days beginning at midnight on Saturday;
(32) "winter" means the period covering the months of October, November, December, January, February and March;
(33) "year" means the calendar year;
(34) "young person" means a person who is not a child and has not completed his eighteenth year of age.
Print This SectionPrint Full ActSection 2:
In these rules the context otherwise required:--
(a) "Act" means the Delhi Shops & Establishments Act, 1954;
(b) "From" means a form appended to these rules;
(c) "Section" means a section of the Act :
(d) "Schedule" means a schedule appended to these rules :
(e) Words and expressions used in the Act and not defined in these rules shall have the meanings assigned to them in the Act.
Print This SectionPrint Full ActSection 3:
Rights and privileges under other law, etc. not affected
Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to at the date this Act comes into force, under any other law, contract, custom or usage applicable to such establishment or an award, settlement or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.
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