Notification No. F 1(11)(1) Sharm/75, 14-2-1975, published in Rajasthan Gazette, Part IV C, dated 20-2-1975, page 235 and as amended subsequently by Notification dated 8-10-1976 & Notification dated 30-6-1978. S.O. 235. - In exercise of powers conferred by sub-section
(2) of section 3 of the Rajasthan Shops & Commercial Establishments Act, 1958 (Act No. 31 of 1958) and in supersession of all previous notifications on the subject the State Government hereby exempts the following class of Shops & Commercial Establishments from the provisions of the said Act, for such period and subject to such conditions, specified in the table given below, namely:- S. No. Class of Shops & Commercial Establishments Period for which exempted. Conditions of exemptions. 1 2 3 4
1. Government and private establishments whose activities are mainly educational and hostels attached to such establishments. Throughout the year
2. Office of the Life Insurance Corporation of India. -do-
3. Office of the lawyers. -do-
4. Government Circuit Houses, Dak Bunglows, and Rest Houses. -do-
5. All establishments of Private Practitioners/ Doctors in Rajasthan. -do- II-Exemption from Sections 7, 9. 10 and 11 (i)
1. Travellers, Convassors and such other, employees, who are declared by the State Government by notification published in the State Gazette to be employees, whose work is inherently intermittent. Throughout the year
2. Persons occupying position of management or an employee engaged in confidential capacity. -do- In the case of Bank (other than State Bank of India) persons in possession of the power of attorney shall be deemed covered under this category. In case of State Bank, Agent, Accountants, Asstt. Accountants, and Head Cashiers shall be deemed covered under this category. III-Exemption from Section 9 of the Act.
1. Canteens attached to factories registered under the Factories Act,
1948. Throughout the year The exemption applies only to the establishments. The employees, however, shall have the benefit of Section 9 alongwith other provisions of the Act. IV-Exemption from Section 11 (I) of the Act.
1. Establishments engaged in the grinding of flour, Dali, Rice and spices with the aid of power Throughout the year 1. Provided such establishments are run in more than one shift.
2. The exemption is granted only to the establishment. The employees, however, shall have the benefit of sections 7, 8, 9 and 10 alongwith other provisions of the Act.
2. Institutions teaching in shorthand & typewriting exclusively. -do- 1. The exemption applied only to the establishments.
2. The employees, however, shall have benefit of sections 7, 8, 9 & 10 alongwith other provisions of the Act.
3. Establishments engaged in teaching music and fine arts exclusively. -do- -do-
4. [XXX]
5. Grain markets, where wholesale purchases of grain are made in the Mandies from village cultivators by wholesale dealers. Throughout the year Such exemption is granted to the extent of two hours in the morning. The opening and closing hours in the case of such establishments shall be two hours earlier that the prescribed opening and closing hours.
2. Bank functioning as State Treasuries. 1st and 2nd of each months & 10th & 31st of March & April of each year.
(i) This will apply on the first two days of the month i.e. on the 1st & 2nd of each month, unless these days fell on gazetted holidays. In that case the days immediately following after such days shall be deemed to have been exempted.
(ii) Subject to the conditions that over time wages shall be paid to any person employed beyond the normal working hours. Provided that these establishments are run on self employed basis & no employees are engaged by them. V-Exemption from Sections 11 (i) and 12 (i) of the Act.
1. Shops and Commercial Establishments dealing exclusively in fish, poultry eggs, milk & milk products sweets, fruits, flowers, vegetable, betal leaves and Chat Bhandar. Throughout the year The Exemption applies only to the establishments. The employees however, shall have the benefit of sections 7, 8, 9, & 10 and 12 (3) of the Act.
2. Shops dealing exclusively with medicines and surgical appliances and druggist shops. Throughout the year The exemption applies only to the establishments. The employees, however, shall have the benefit of sections 7. 8, 9, & 10 and 12 (3) of the Act.
3. Shops dealing in articles required for funeral, burial or cremations. Throughout the year The exemption applies only to the establishments. The employees, however, shall have the benefit of sections 7, 8. 9, 10 & 12 (3) of the Act.
4. News-paper offices, news agencies and shops dealing in news papers or periodicals. -do- -do-
5. Petrol pumps for the retail sale of petrol -do- -do-
6. Retail trade carried on at an exhibition or show subsidiary to or connected with the main purpose of the exhibition or show and all other shops dealing in retail trade within the authorised premises of the exhibition or show. For the period of the exhibition or show. -do-
7. Stall and refreshment rooms at Railway Station and air ports. Throughout the year -do-
8. Shops exclusively dealing in the supply of the article, for marriage and other ceremonial occasions like Gas, lights utensils, crockery, tents and shamiyanas, furniture, bands and other orchestra. -do- -do-
9. Establishments of Doctors & Medical practitioners. Throughout the year The exemption applies only to the establishments. The employees, however, shall have the benefit of sections 7, 8, 9. 10 & 12 (3) of the Act.
10. (i) Ayurvedic Unani or other similar dispensaries. -do- -do-
(ii) Dharamshalas run on charitable basis. -do- -do-
(iii) Establishments or Auditors, Chartered Accountants & Income Tax Practitioners. -do- -do-
11. Establishments of Motor transport. -do- -do-
12. Establishments of Fodder merchants. -do- -do-
13. Clubs, Residential Hostels, Restaurants and cafes. -do- -do-
14. Shops situated inside the premises of Theatres and Cinema. -do- -do-
15. Cinemas, Theatres and other places of public amusement and entertainment. -do- -do-
16. Establishments of Bakers. -do- -do-
17. All power stations of electric supply. -do- Provided these establishments are run on eight hourly shifts and provided amenities to their employees as guaranteed under the Act.
18. Shops & Commercial Establishments on the following occasions of festivals/fairs:-
1. Deewali Kartik Badi 12 to Kartik Sudi 1(5 days) The exemption applies only to the establishments. The employees, however, shall have the benefits of sections 7, 8, 9, 10 & 12 (3) of the Act.
2. X-Mas Days 24th & 25th Dec. (2 days) -do-
3. Moharrum Moharrum 9th & 10th of Ramzan (2 days) -do-
4. Ramzan-id (idul-fitar) Shawal 1st (1 day) -do-
5. Baqra-id (Idul zuha) Zilhija 10th (1 day) -do-
6. Dashera Asoj Sudi 10th 11th (2 days) -do-
7. Holi & Dhulendi Phagun Sudi 30th to Chait Sudi 1st (2 days) -do-
8. Raksha Bandhan Shravan Sudi 30th (3 days) -do-
9. Makar Sankranti 14th January (1 day) -do-
10. Independence Day 15 August (1 day) -do-
11. Republic Day 26th January (1 day) The exemption applies only to the establishments. The employees, however, shall have the benefits of sections 7, 8, 9, 10 & 12 (3) of the Act.
12. Sheel Saptami Chait Badi 7th (1 day) -do-
13. Janma Asthami Chait Badi 7th & 8th (2 days) -do-
14. Shiv Ratri Phalgun Badi 14th (1 day) -do-
15. Teej Festival (Municipal Area Bikaner) Bhadwa Badi Teej (1 day) -do-
16. Teej Festival Sawan Sudi 3rd (1 day) -do-
17. Pushkar Fair, Pushkar Kartik Sudi 11th to Mangsar/ Sudi 3rd 8 days) -do-
18. Khawaja Fair, Ajmer 1st of Rajab to 8th Rajab (8 days) -do- Exemption from Section 12 (1) of the Act
1. Stalls situated in the Premises of Busstands. Throughout the year This exemption is granted to only those stalls situated in the premises of bus stands which have been approved by the Rajasthan State Road Transport Corporation carry on business in the premises of their approved bus stands.