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Delhi is considered one of the most rapidly growing states in India. The advance estimate of the Gross State Domestic Product (GSDP) of Delhi was Rs. 9.23 trillion (US$ 123.90 billion) in 2021-22, and GSDP (in Rs.) increased at a CAGR of 8.89% between 2015-16 and 2021-22.
The above statistics prove that having a shop or a commercial establishment in Delhi can be quite beneficial for every employer. However, in order to avail of the utmost benefits, the employer must ensure to comply with all the necessary compliance requirements regarding the shops and commercial establishments in Delhi as prescribed by the Shops and Establishments Act 1954.
The article discusses Compliance under the Delhi Shops and Establishments Act, 19541, which can help the employer avoid any penalties due to non-compliance with the act’s provisions and ensure the smooth functioning of a shop or commercial establishment.
Table of Contents
The Delhi Shops and Establishments Act of 1954 is state legislation that deals with regulating the working conditions of the employees in the Shops or commercial establishments in Delhi.
In the case of Chief Commissioner, Delhi v. Federation of Indian Chambers of Commerce and Industry, the Court laid down the following essentials for a place to fall within the definition of “commercial establishments ” while interpreting the meaning of “commercial establishments.”
The Compliance under the Delhi Shops and Establishments Act, 1954 is –
The first and foremost compliance under the Delhi Shops and Establishment Act 1954 is registering the Establishment within 90 days from its opening and obtaining the registration certificate for the same.
The occupier must follow the following procedure for registering Establishment under this Act.
Compliances with regard to working hours under the Delhi Shops and Establishment Act are as follows;
Compliance regarding the payment of wages to employees are
There are certain kinds of deductions that can be made from the wages of the employee, such as –
The compliance related to holidays and leaves under Delhi Shop and Establishment Act 1954 are
The compliance regarding the health of the employees as per the Delhi Shops and Establishments Act are as follows.
There are certain compliance requirements regarding the dismissal of employees in shops or commercial establishments like –
The compliance regarding the maintenance of registers and records are –
The records and registers must be preserved till the end of the following year.
The occupier must provide a letter of appointment to every employee; it must contain the following information.
The occupier must produce such records for inspection by the chief inspector.
The penalties under this Act are –
Adherence to Compliance under the Delhi Shops and Establishment Act 1954 has several benefits, such as better working conditions for the workers, peace and harmony between the employer and employees, and better functioning of the shops and commercial establishments. Hence, fulfilling compliance requirements must be viewed not just as an obligation but as an opportunity for the unhindered growth of a business.
Read our Article: Applicability of Shop and Establishment Registration
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