Chapter III SHOPS AND COMMERCIAL ESTABLISHMENTS

10. (1) No Shop, (a) dealing wholly in milk, vegetables, fruits, fish, meat, bread or any other goods notified by the 29[state] Government shall on any day be opened earlier than 5 a. m.;

1. (b) 30[* * *] other than those specified in clause (a) of this sub-section, shall on any day be opened earlier than 7--00 a. m.

1. (2) Subject to the provisions of sub-section (1), the 29[State]

Closing hours of shops

1. (1) Notwithstanding anything contained in any other enactment for the time being in force, no shop-
   • (a) 30[ * * * ] other than those specified in clasue (b) of this sub- section, shall on any day be closed later than 8.30 p. m. ;
   • (b) 31[dealing mainly in] pan, bidi, cigarettes, matches and other ancillary articles shall on any day be closed later than 11.00 p.m. : Provided that any customer who was being served or was waiting to be served at such closing hour in any shop may be served in such shop during the quarter of an hour immediately following such hour.
2. (2) Subject to the provisions of sub-section (1), the 29[State]

Hawking prohibited before opening and after closing hours of shops

1. (1) No person shall carry on in or adjacent to a street or a public place the sale of any goods before the opening and after the closing hours fixed under sections 10 and 11 for the shops dealing in the same class of goods in the locality in which such street or public place is situate : 32[ Provided that nothing in this sub-section shall apply to the sale of newspapers.]
2. (2) any person contravening the provisions of sub-section (1) shall be liable to have his goods seized by an Inspector. 33[(3) The goods seized under sub-section (2) shall be returned to the person from whom they were seized on his depositing rupees twenty-five as security for his appearance in the Court.
3. (4) If the person fails to make the deposits the goods seized shall be produced without delay before a Magistrate who may give such directions as to their temporary custody as he thinks fit.
4. (5) Where no prosecution is instituted for contravention of the provisions of sub-section (1) within such period as the Magistrate may fix in this behalf, the Magistrate shall direct their return to the person from whom they were seized.
5. (6) Subject to the provisions of the preceding sub-section, the provisions of the Code of Criminal Procedure, 1898, shall so far as they may be applicable, apply to the disposal of the goods seized under this section. ]

1. (1) No commercial establishment shall on any day be opened earlier than 8- 30 a.m. and closed later than 8-30 p.m. ;
2. (2) Subject to the provisions of sub-section (1), the 34[State]

Daily and weekly hours of work in shops and commercial establishments

1. (1) Subject to the provisions of this Act, no employee shall be required or allowed to work in any shop or commercial establishment for more than nine hours in any day and forty, eight hours in any week.
2. (2) Any employee may be required or allowed to work in a shop or commercial establishment for any period in excess of the limit fixed under sub-section (1), if such period does not exceed three hours in any week.
3. (3) On not more than six days in a year which the 34[State] Government may fix by rules made in this behalf, for purposes of making of accounts, stock taking, settlements or other prescribed occasions, any employee may be required or allowed to work in a shop or commercial establishment in excess of the period fixed under sub-section (1), if such excess period does not exceed twenty, four hours.

36[(1)] The period of work of an employee in a shop or commercial establishment each day shall be so fixed that no period of continuous work shall exceed five hours and that on employee shall be required or allowed to work for more than five hours before he has had 37[an interval for rest of at least, (i) half an hour, if he is employed in a commercial establishment engaged in any manufacturing process, and

1. (ii) one hour in any other case, subject, however, to the provisions of sub- section (2)]. 38[(2) In the case of employees other than those employed in a commercial establishment engaged in any manufacturing process, the State Government, on an application made in that behalf by the employees concerned, may permit the reduction of the interval for rest to half an hour.]

The spread-over of an employee in a shop shall not exceed eleven hours in any day : Provided that in cases where any shop is on any day entirely closed for a continuous period of not less than three hours, the spread-over shall not exceed twelve hours in that day : Provided also that where an employee works on any day in accordance with the provisions of sub-section (2) of section 14, the spread-over shall not exceed fourteen hours in any such day and where he works on any day in accordance with the provisions of sub-section (3) of the said section, the spread-over shall not exceed sixteen hours in any such day.

The spread-over of an employee in a commercial estalishment shall not exceed eleven hours in any day : Provided that the 35[State] Government may increase the spread-over period subject to such conditions as it may impose either generally or in the case of a particular commercial establishment or a class or classes of commercial establishments.

39[(1)] Every shop and commercial establishment shall remain closed on one day of the week. 40[Except where the day is fixed under sub-section (1B) the employer shall] prepare a calendar or list of such closed days, 41[ * *] notifiy such calendar or list to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the shop or commercial establishment. 42[Such calendar or list shall be prepared at the beginning of the year but in the case of a shop or establishment to which this Act becomes applicable for the first time after the beginning of a year, the first calendar or list for the remaining part of the year shall be prepared before the expiry of one month from the date of the application of this Act thereto.] (1A) Notwithstanding anything contained in sub-section (1), 43[but except where the day is fixed under sub-section (1B)], a shop or commercial establishment may remain open on any day notified as 44[a closed day] under sub, section (1), if-

1. (a) it remains closed on any other day of the week ; and
2. (b) the employer has notified to the Inspector, his intention to close the shop or the commercial establishment, as the case may be, on the day substituted under clause (a), at least seven days before the substituted day or the day notified as closed day under sub-section (1), whichever is eariler.] 45[(1B) (a) Notwithstanding anything contained in sub-section (1) in respect of any area within the jurisdiction of a local authority, the local authority and in respect of any other area, the State Government may by an order published in the prescribed manner, fix the day on which a shop or commercial establishment shall remain closed every week; and different days may be fixed with reference to different classes of shops or establishments, different parts of the same area or different periods of the year.
3. (b) Every shop and commercial establishment to which such order applies shad remain closed accordingly : Provided that nothing in this clause shall apply to a shop or commercial establishment, the employer of which has notified to the Inspector at the beginning of the year his intention to close the shop or establishment on a public holiday within the meaning of the Negotiable Instruments Act, 1881.
4. (c) The making of an order under clause (a) shall be subject to the condition of previous publication.]

1. (2) It shall not be lawful for an employer to call an employee at, or for an employee to go to, his shop or commercial establishment or any other place for any work in connection with the business of his shop or commercial establishment on a day on which such shop or commercial establishment remains closed.
2. (3) No deduction shall be made from the wages of any employee in a shop or commercial establishment on account of any day on which it has remained closed under this section. If an employee is employed on a daily wage, he shall none the less be paid his daily wage for the day on which such shop or commercial establishment remains closed. 46[If any employee is paid apiece rated wage, he shall none the less be paid his wage for the day on which the shop or commercial establishment remains closed, at a rate equivalent to the daily average of his wages for the days on which he has actually worked during the six days preceding such closed day, exclusive of any earning in respect of overtime :] 47[Provided that nothing in this sub-section shall apply to any person whose total period of continuous employment is less than six days.]