Delhi Shops and Establishments Act,1954 — Physical PDF page 7 of 27

     While elaborating the scope and meaning of “Shops and Establishments”, the Supreme Court
has held that a Company having several offices engaged in import and export, clearing and
forwarding of cargo, travel and tourism and courier services will be both a Shop and Commercial
Establishment; Air Freight Ltd. v. State of Karnataka, 1999 LLR 1008 (SC).
     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 or 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.
                                             COMMENTS
     A plain reading of this section would go to show that it has a limited operation confined to a
particular date, i.e., the date on which this Act came into force. On that day if a right or privilege
had accrued to any employee under any other law, contract, custom or usage, and if that right or
privilege was more favourable or advantageous to him than those declared under this Act, the
employee was entitled to retain that right or privilege.
     4. Exemptions.—Notwithstanding anything contained in this Act, the provisions of this Act
mentioned in the third column of the Schedule shall not apply to the establishment, employees
and other persons mentioned against them in the second column of the said Schedule:
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                                                             od
     Provided that the Government, may, by notification published in the Official Gazette, add to,
omit or alter any of the entries of the said Schedule, and on the publication of such notification,
the entries in either column of the said Schedule shall be deemed to be amended accordingly.
                                             COMMENTS
                                                      aC
                                                  di
     The provisions of this section shall be given effect to irrespective of the other provisions of
the Act. The provisions of this Act mentioned in the third column of the Schedule shall not apply
                                             In
to the establishments, employees and other persons mentioned against them in the second
column of the said Schedule. This section also empowers the Government by notification in the
Official Gazette to add to, omit, or alter any of the entries in the Schedule.
     *5. Registration of Establishments.—(1) Within the period specified in sub- section (5), the
occupier of every establishment shall send to the Chief Inspector a statement in a prescribed
form, together with such fees as may be prescribed, containing:
        (a) the name of the employer and the manager, if any;
        (b) the postal address of establishment;
        (c) the name, if any, of the establishment;
        (d) the category of the establishment, i.e., whether it is a shop, commercial
             establishment, residential hotel, restaurant, eating house, theatre or other place of
             public amusement or entertainment;
        (e) the number of employees working about the business of the establishment; and
         (f) such other particulars as may be prescribed.
     (2) On receipt of the statement and the fees, the Chief Inspector shall, on being satisfied
about the correctness of the statement, register the establishment in the Register of
Establishments, in such manner as may be prescribed and shall issue, in a prescribed form a
registration certificate to the occupier.
     (3) The registration certificate shall be prominently displayed at the establishment and shall
be renewed at such intervals as may be prescribed in this respect.
     (4) In the event of any doubt or difference of opinion between an occupier and Chief
Inspector as to the category to which an establishment should belong, the Chief Inspector shall
refer the matter to the Government which shall, after such enquiry, as it may think proper, decide
the category of the establishment and the decision thereof shall be final for the purpose of this
Act.