Notification No. F. 3(128)/Ind (C)/59, dated the 18-12-1961, published in Rajasthan Gazette part 4-C, dated 1-3-1962, page 618. - In exercise of the powers conferred by sub-section (2) of Section 3 of the Rajasthan Shops and 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 and 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 & Comm. Estt. Period for which exempted Conditions of exemptions Remarks I-Exemption from all Provisions of the Act
1. Government establishment, whose activities are mainly educational and hostels attached to such establishment. Throughout the year ... ...
2. Office of the Life Insurance Corporation of India. -do- ... ...
3. Offices of the lawyers. Throughout the year ... ...
4. Government Circuit Houses, Dak Bunglows and Rest House. -do- ... ... II-Exemption from Sections 7, 9, 10 and 11(1).
1. Travellers, Convassors and such other employee's who are declared by the State Government by notification published in 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 Banks, (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, Accountant, Asstt. Accountant and Head Cashiers shall be deemed covered under this category.
3. Members of an employers family. -do- ... ... III-Exemption from Section 9 of the Act.
1. Canteens attached to factories registered under the Factories Act,
1948. Throughout the year The exemptions applied only to the establishments. The employees, however, shall have the benefit of Section 9, alongwith other provisions of the Act. IV-Exemption from Sections 9 & 10 of the Act
1. Salesman working on petrol pumps on night duty. Throughout the year ... ...
2. Employees exclusively employed in any establishment for the collection, delivery or conveyance of goods outside the premises of the establishment or no other outdoor duty including Buyers (Khariddars). Bill Collectors, Travelling Agents, Cooks, Sweepers & Menial servants. Tourists & Hotel Guides, Watchman and Messengers. -do- ... ... V-Exemption from Section 11(1) of the Act
1. Establishment engaged in the grinding of Colour, Dall Rice and spices with the aid of power. Throughout the year 1-Provided such establishments do not get continuous supply of power and have to regulate their working, according to the supply made by the Power Stations. 2-The exemption applied only to the establishments.The employees, however, shall have the benefit of section 11(1) alongwith other ... provisions of the Act.
2. Institutions teaching in shorthand & typewriting. Throughout the year The exemption applied only to the establishments. The employees, however, shall have the benefit of section 11(1), alongwith other provisions of the Act. ...
3. Establishments engaged in teaching music and fine arts. -do- -do- ...
4. Establishments of country Oil Ghanies. -do- Provided that these establishments are run on self employed basis & no employees are engaged by them.
5. Hats (weekly fairs). -do- -do-
6. Grainmarkets, where wholesale purchases of grain are made in the Mandis from village cultivators by wholesale dealers. -do- 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 than the prescribed opening & closing hours.
7. All banks for the -do-day on which they close their half yearly and annual accounts. -do- Subject to the condition that overtime wages shall be paid to any person employed beyond the normal working hours.
8. Banks functioning at State Treasuries. 1st & 2nd of each month & 20th & 31st of March & 1st of April 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 overtime 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.
9. Shops of Barbers, hairdressers, washerman, shoe cobblers, blacksmiths and Kanseras. Throughout the year Provided that these establishments are run on self employed basis and no employee engaged by them.
10. Shops dealing in dyeing work (Rangrej shop only) -do- -do-
11. Manufacturing process not covered by the Factories Act, 1948. -do- Provided such establishments are run on eight hourly shifts and provides amenities to their employees, as guaranteed under the Act. VI-Exemption from Sections 11 (i) and 12 (i) of the Act
1. Shops & Commercial Estt. dealing mainly in meat, fish, poultry, eggs, milk and milk products, sweets, fruits, flowers, vegetables, betal leaves and chat-bhandars. Throughout the year The exemption applied only to the establishments. The employees, however, shall have the benefit of Section 11 (i) and 12 alongwith other provisions of the Act.
2. (i) Shops dealing exclusively in medicines or medical and surgical requisites & appliances: -do- -do-
(ii) and shops of chemists and druggist. -do- -do-
3. Shops dealing in articles required for funeral, burial or cremations. -do- -do-
4. Newspaper Offices, news agencies & shops dealing in news papers or periodicals. -do- -do-
5. Petrol pumps for the retail sale of petrol. -do- -do-
6. Tanneries on handicraft basis. -do- Provided that the establishments are run on self employed basis & no employees are employed by them.
7. Retail trade carried on at an exhibition or show subsidiary to or connected with the main purpose of the For the period of the exhibition or show. Exhibition or show and all other shops dealing in retailtion trade within the authorised premises of the Exhibition or show.
8. Brick and lime clans. Throughout the year Provided that these establishments are on self employed basis and no employees are employed by them.
9. Stalls and refreshment rooms at Railway Stations and air-ports. Throughout the year The exemption applied only to the establishments. The employees, however, shall have the benefit of Section 11 (i) and 12 alongwith other provisions of the Act.
10. Shops exclusively dealing in the supply of articles for marriage and other ceremonial occasions like Gas Lights, utensils, crockery, tents and shamianas, furniture, bands and other orchestra. The exemption applied only to the establishments. The employees, however, shall have the benefit of Section 11 (i) and 12 alongwith other provisions of the Act.
11. Establishments of Doctors and Medical practitioners. Throughout the year The exemption applies only to the establishments. The employees, however, shall have the benefit of Section 11 (i) and 12 alongwith other provisions of the Act.
12. (i) Ayurvedic, Unani or to her similar dispensaries [xxx]. -do- -do-
(ii) Dharamshalas run on charitable basis. -do- -do-
(iii) Establishments of Auditors, Chartered Accountants, and Income Tax Practitioners. -do- -do-
13. Establishments of Motor Transport. -do- -do-
14. Excise Shops. -do- -do-
15. Establishments of skin and Hide merchants -do- -do- (Raw only).
16. Establishments of Fooder merchants. -do- -do-
17. Private education institutions other than institutions teaching shorthand and typewriting. -do- -do-
18. Clubs, Residential Hotels, Restaurants and cafes. -do- -do-
19. Shops situated inside the premises of Theaters and Cinema. -do- -do-
20. Cinemas, Theaters and other places of Public amusement and entertainment. Throughout the year The exemption applies only to the establishments. The employees, however, shall have the benefit of Section 11 (i) and 12 alongwith other provisions of the Act.
(1) Rikshaw owners exclusively dealing in the hire of rikshaws. -do- -do-
(2) Shops dealing exclusively in the hire and/or repair of cycles and cycle rikshaws. -do- -do-
22. Establishments of Bakers. -do- -do-
23. All power station of electric supply. -do- Provided these establishments are run on eight-hourly shifts and provide amenities to their employees, as guaranteed under the Act.
24. Photographers of Jaipur City. Convocation day of the University of Rajasthan The exemption applied only to the establishments. The employees, however, shall have the benefit of Sections 11(2) and 12 alongwith other provisions of Act.
25. Shops & Commercial Establishments on the following occasions of festivals/fairs.
1. Diwali Kartik Badi 12 to Kartik Sudi 1 (5 days) The exemption applies only to the establishments, the employees however, shall have the benefit of Sections 11(2) & 12 alongwith other provisions of the Act.
2. X-Mas Day 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 Juha) Zilhija 10th (1 day) -do-
6. Dashera Asoj Sud 10 & 11 (2 days) -do-
7. Holi & Dhulendi Phagun Sud 30th to Chair Budi 1st (2 days) -do-
8. Raksha Bandhan Sharavan Sudi 30th (1 day) -do-
9. Makar Sankran-ti 14th January, 1 (day) -do-
10. Independence Day 15th August, (1 day) -do-
11.Republic Day 26th January, (1 day) -do-
12. Sheel Saptami Chait Badi 7th (1 day) The exemption applies only to the establishments, the employees however, shall have the benefit of Sections 11 (2) & 12 alongwith other provisions of the Act.
13. Janma Ashtaml Bhadon 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-
1. Establishments engaged in the manufacture of Ice & aerated water From 1st April to 31st October, each year The exemption applies only to the establishments. The employees however, shall have the benefit of Section 12 alongwith other provisions of the Act.
2. Stalls situated in the Throughout the year -dopremises of Bus Stands
3. Establishments of independent Handlooms Weavers in the State. Throughout the year The exemption applies only to the establishments. The employees however, shall have the benefit of Section 12 alongwith other provisions of the Act.