Delhi Shops and Establishments Act,1954 — Physical PDF page 18 of 27

                                            COMMENTS
     This section makes provision in respect of shops and commercial establishments where more
than one retail trade or business is carried on and lays down that if any one of such retail trade or
business is exempted from the provisions of this Act and the others are not so exempted, the
exemption shall apply only to such trade or business as is so exempted and shall not extend to
other trade or business not so exempted. In short, if the exemption from opening and closing
hours and close day is granted to a shop dealing in Pan and Cigarettes then other provisions
cannot be sold at such shop beyond the prescribed opening or closing hours or on a close day
alongwith Pan or Cigarettes; State of Uttar Pradesh v. Chandra Dutt, 1969 All Cri R 411 (Sp.
bench of All. HC).
     32. Provisions as to trading elsewhere than in shops.—No person shall carry on any
retail trade or business of any class near any shop or commercial establishment at any time
before the opening and after the closing hours and on the close day, and if any person carries on
any such trade or business in contravention of this section, this Act shall apply as if he were the
occupier of the shop or commercial establishment which was being kept open in contravention of
this Act.
                                            COMMENTS
     This section prohibits absolutely the carrying on of any retail trade or business of any class
whatsoever near any shop or commercial establishment, by any person whatsoever, (a) at any
                                                                  e
time before the opening hours and after the closing hours, or (b) on any close day
                                                            od
notwithstanding whether he be the occupier or owner of a shop or commercial establishment or a
third person. If any person carries on any retail trade or business near any shop or commercial
                                                      aC
establishment on a close day or before the opening hours or after the closing hours, whether
such business be of a class or nature of the trade or business usually carried on in such shop or
                                                 di
commercial establishment or not, he shall be deemed to be the occupier of such shop or
commercial establishment who has kept the same open before the opening hours and after the
                                             In
closing hours or on a close day as the case may be, and shall be liable to be punished under
section 40 of the Act.
     33. Records.—(1) The occupier of every shop or commercial establishment shall, in the
prescribed form and in the prescribed manner, keep exhibited in the shop or establishment a
notice setting forth the close day.
     (2) The occupier of any shop or establishment, about the business of which persons are
employed, shall in the prescribed form and in the prescribed manner keep a record of the hours
worked and the amount of leave taken by, and of the intervals allowed for rest and meals to every
person employed about the business of the shop or establishment, and particulars of all the
employment overtime shall be separately entered in the record.
     (3) The occupier of any shop or establishment, about the business of which persons are
employed, shall in the prescribed form and in the prescribed manner keep exhibited in the shop
or establishment notice setting forth the number of hours in the week during which persons may
in accordance with the provisions of this Act be employed about the business of a shop or
establishment and such other particulars as may be prescribed.
     (4) The occupier of every shop or establishment shall for the purpose of this Act maintain
such other records and registers and display such other notices as may be prescribed.
                                            COMMENTS
(a) Particulars and forms of the records required to be maintained under section 33
     Failure to maintain the records in the prescribed form and in the prescribed manner, i.e., not
keeping exhibited a notice setting-forth the close day or a record of the hours worked and the
amount of leave taken by end of the intervals allowed for rest and meals or not entering the
particulars of all employment overtime, amounts to contravention of the provisions of section 33
of the Act and the proprietor, employer or the manager of such an establishment is liable to be
punished on conviction to a fine of Rs. 5 for every day on which the contravention occurs or
continues.