The Punjab Shops and Commercial Establishments Act, 1958

The Punjab Shops and Commercial Establishments Act, 1958

[PUNJAB ACT NO. 15 OF 1958]

(Received the assent of the President on the 25 th . April, 1958 and was published in the Punjab Government Gazette on the first May, 1958 for general information)

An Act to provide for the regulation of conditions of work and employment in Shops and commercial establishments.

Be it enacted by the Legislature of the State of Punjab and Commercial Establishments Act, 1958.

(1) This Act may be called the Punjab Shops and Commercial Establishments Act, 1958. (2) It extends to the whole of the State of Punjab. (3) It shall come into force on such date as Government may, by notification in the Official Gazette, appoint in this behalf. (4) It shall apply in the first instance to the areas specified in the Schedule, but the Government may by notification direct that it shall also apply to such other area on such date as may be specified in the notification.

(1) In this Act, unless the context otherwise requires; (i) “closed” means not open for the service of any customer or for any other purpose whatsoever relating to business; (ii) “closed day” means the day of the week on which a shop or commercial establishment remains closed; (iii) “closing hours” means the hour at which a shop or commercial establishment closed; (iv) “Commercial establishment” means any premises wherein any business, trade or profession is carried on for profit and includes journalistic or printing establishment and premises in which business of banking, insurance, stocks and shares, brokerage and produce exchange is carried on or which is used as hotel, restaurant, boarding or eating house, theatre, cinema or other place of public entertainment or any other place which the Government may declare, by notification in the official Gazette, to be a commercial establishment for the purposes of this Act; (v) “day” means the period of twenty-four hours beginning at mid night; Provided that in the case of any employee whose hours of work extend beyond mid night, day means the period of twenty hours beginning from the time when such employment commences. (vi) “employee” means a person wholly or principally employed in, or in connection with, an establishment, whether working on permanent, periodical, contract or piece-rate wages or on commission basis even though he receives no reward for his labour, but does not include a member of employee’s family; (vii) “employer” a person having charge of or owning or having ultimate control over the affairs of an establishment and include members of the family of an employer, a manager, agent or other person acting in the general management or control of the establishment; (viii) “establishment” means a shop or a commercial establishment; (ix) “factory” has the meaning assigned to it in the Factories Act, 1948; (x) “family” in relation to an employer, means -- (i) spouse (ii) children and step children; and (iii) parents, sisters and brothers if residing with and wholly dependent upon him; (xi) “festival” means any festival which Government may, by notification declare to be a festival for the purposes of this Act; (xii) “government” means the Punjab Government; (xiii) “hours of work, or working hours” means the time during which the persons employed are at the disposal of the employer exclusive of any interval for rest and meals; (xiv) “inspector” means an Inspector appointed under this Act; (xv) “leave” means leave provided for in section 14; (xvi) “manager” in relation to an establishment where five or more persons are employed on an establishment whose owner does not ordinarily carry on the business personally, means a person declared as such by the employer in the prescribed manner; (xvii) “night” means a period of at least twelve consecutive hours which shall include the interval between 8 p.m. and 6 a.m.; (xviii) “opened” in relation to a shop or commercial establishment whose entrance is the only entrance to the residence, means, opened for the service of any customer or for any business connected with the establishment; (xix) “opening hour” means the hour at which an establishment opens; (xx) “prescribed” means prescribed by rules made under this Act; (xxi) “prescribed authority” means the authority prescribed under the rules made under this Act; (xxii) “retail trade or business” includes the business of a barber or hair dresser, the sale of refreshments or intoxicating liquors, and retain sales by auction; (xxiii) “register of establishments” means a register maintained for the registration of establishments under this Act; (xxiv) “registration certificate” means a certificate showing the registration of an establishment; (xxv) “shop” means any premises where any trade or business is carried on or where services are rendered to customers and includes offices, store-rooms, godowns, sale-depots or ware-houses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (LXIII of 1948): (xxvi) “spread over” means a period between the commencement and termination of work of an employee on any day; (xxvii) “wages” shall have the meaning assigned to it in the Payment of Wages Act, 1936 (IV of 1936); (xxviii) “wage period” means the period after which the wages of an employed person shall be paid; (xxix) “week” means the period between mid-night on Saturday and mid-night on the following Saturday; (xxx) “young person” means a person who has attained the age of fourteen but has not attained the age of eighteen years; and (xxxi) “year” means a year commencing on the first day of April. (2) For the purposes of this Act, any employment in the service of the employer of an establishment upon any work, whether within the establishment or outside it, which relates to, or is connected with or is ancillary to the business carried on at the establishment shall be deemed to be employment about the business of the establishment.

Nothing in this Act shall apply to. – (a) offices of or under the Central or State Governments, (except commercial undertakings), the Reserve Bank of India, any railway administration or any local authority; (b) any railway service, air service, water transport service, tramway, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry business or undertaking which supplies power, light or water to the public; (c) railway dining cars; (d) offices of lawyers; (e) any person employed about the business of any establishment mentioned in paragraphs (a) to (d) aforesaid; (f) any person whose hours of employment are regulated by or under the Factories Act, 1947, except the provisions of sub-sections (3), (4), and (5) of section 7 of this Act in so far as they relate to employment in a factory; (g) any person whose work is inherently intermittent; (h) establishments of stamp vendors and petition writers.

(1) Nothing in section 9 and sub-section (1) of section 10 shall apply to-- (a) clubs, hotels, boarding houses, stalls and refreshment rooms at the railway stations; (b) shops of barbers and hair dressers; (c) establishments dealing exclusively in meat, fish, confectionery, poultry, eggs, dairy produce [except ghee], bread sweets, chocolates, ice, ice-cream, cooked food; fresh fruits, flowers or vegetables; (d) shops dealing exclusively in medicines or medical or surgical requisites or appliances and establishments for the treatment or care of the sick, infirm, destitute or mentally unfit. (e) shops dealing in articles required for funerals, burials, or cremations. (f) shops dealing exclusively in pans (betel leaves), biris or cigarettes of liquid refreshment sold in retail for consumption on the premises. (g) shops dealing exclusively in newspapers or periodicals, editing and dispatching sections of the newspaper office and office of the news agencies; (h) places of public entertainment except cinema houses; (i) establishment for the retail sale of petrol and petroleum products used for transport; (j) shops in regimental institutes, garrison shops and troop canteens in cantonments; (k) tanneries; (l) establishments engaged in retail trade carried on at an exhibition or show, if such retail trade is subsidiary or ancillary only to the main purpose of the exhibition or show; (m) oil mills not registered under the Factories Act, 1948; (n) brick and lime kilns; (o) commercial establishments engaged in the manufacture of bronze and brass utensils so far as it is confined to the process of melting in furnace; (p) saltpeter refineries; (q) establishments of commercial; colleges of short hand or type writing and other educational academies; (r) booking offices of the passenger and goods transport companies; (s) establishments dealing exclusively in green and dry fodder and chaff cutting; and (t) cycle stands, and cycle repair shops; (2) Nothing in sub-section (1) of section 10 shall apply to: --

(i) establishments of Cinema houses.

(ii) Establishments dealing in hides and skins;

(iii) ice factories;

(iv) establishments engaged exclusively in repairs of cycles or Motor vehicles or the service of motor vehicles, not being an establishment dealing in cycle or motor vehicle or exclusively in spare parts thereof; (v) establishments dealing exclusively in providing on hire tents, Chhauldaries and other articles such as crockery, furniture, loud speakers, gas lights and fans required for ceremonial purposes and

(vi) establishments, dealing exclusively in retail sale of phulians, murmura, sugar coated gram, reories or other similar commodities.

(1) Notwithstanding anything contained in section 3 or section 4, Government may by notification declare that any class of establishments or persons specified therein shall not be exempt from the operation of such provisions of this Act as may be specified in the notification and that provisions of this Act specified such notification shall apply to such class of establishments or persons as the case may be.

(2) Every notification made under sub-section (1) shall as soon as possible after it is made, be laid before the both Houses of the State Legislature.

(1) The total number of hours worked by a young person employed about the business of an establishment, exclusive of intervals for meals and rest, shall not exceed thirty hours in any one week or five hours in any one day.

(2) A young person employed about the business of an establishment shall not be employed continuously for more than three hours without an interval of at least half an hour for meal or rest.

(3) Government may prescribe further conditions in respect of the employment of young persons employed about the business of establishments or any class of them, including if it thinks fit, conditions with respect to the daily period of employment of those persons, and no such person shall be employed otherwise than in accordance with those conditions.

(4) In the case of any contravention of, or failure to comply with the provisions of this section, the employer shall, be liable, on conviction, to a fine which shall not be less than fifty rupees but which may extend to two hundred rupees.

(5) Where, in proceedings for an offence under this section, the person in respect of whom the offence was committed was a young person, and he appears to the court to have been at the date of the commission of the offence a young person he shall, for the purposes of this Act, be presumed at that date to have been a young person unless the contrary is proved.

(1) Subject to the provisions of this Act, no person shall be employed about the business of an establishment for more than forty-eight hours in any one week and nice hours in any one-day.

(2) On occasion of seasonal or exceptional pressure of work a person employed in an establishment may be employed about the business of the establishment in excess of the working hour specified in sub-section (1);

Provided that—

(a) the total number of overtime hours worked by an employee does not exceed fifty within a period of any one quarter; and

(b) the person-employed overtime shall be paid remuneration at twice the rate of his normal wages calculated by the hour.

Explanation. – ‘Normal Wages’ for the purposes of proviso (b) means basic wages plus such allowances including the cash equivalent of the advantages accruing through the Concessional sale to workers of foodgrains and other articles as the worker is for the time being entitled to, but does not include bonus.

(3) No employer shall, on any day or in any week, employ about the business of the establishment any person who has been previously employed on that day or in that week in another establishment or a factory for a longer period than shall, together with the time during which he has been previously employed on that day or in that week in such other establishment or factory exceed the number of hours permitted by this Act.

(4) In any proceedings against the employer of the establishment for a contravention of the provisions of sub-section (3) it shall be a defence to prove that the employer did not know and could not with reasonable diligence ascertain that the person was previously employed by the employer of the other establishment or factory.

(5) No person shall work about the business of an establishment of two or more establishments or an establishment and a factory in excess of the period during which may be lawfully employed under this Act;

(1) Subject to the provisions of section 6, no employee except a chaukidar, watchman or guard, shall be allowed to work in an establishment for more than five hours before he has had an interval for rest of at least half an hour: -

Provided that Government may by notification fix such interval for rest in respect of any class of establishments for the whole of the State of any part thereof as it may consider n necessary.

(2) The period of work of an employee in an establishment shall be so fixed that, inclusive of his interval for rest, the spread over shall not be more than ten hours in a day.

Government shall by notification fix the opening and closing hours of all classes of establishments; and different opening and closing hours may be fixed for different classes of establishments and for different areas;

Provided that Government may allow an establishment attached to a factory to observe such opening and closing hours as the Government may direct.

(1) Save as otherwise provided in this Act every establishment shall remain closed on every Sunday;

Provided that, in the case of an establishment attached to a factory the employer may substitute the close day of such establishment so as to corresponds to the substituted close day of the factory in the same manger and subject to the same conditions as are laid down in this behalf in the Factories Act, 1948;

Provided further that Government may by notification fix any other day to be the close day in respect of any class of establishments for the whole of the State or any part thereof.

(2) (i) The employer of an establishment shall in the prescribed form intimate to the prescribed authority the working hours, the day in a week referred to in clause (b) of section 11 and the period of interval o the employed person within fifteen days of the date of registration of the establishment..

(ii) The employer of an establishment may change the working hours and the period of interval once in a quarter of the year by giving intimation in the prescribed form to the prescribed authority at least fifteen days before the change is to take place.

(3) Notwithstanding anything contained in sub-section (1), the employer of an establishment may open his establishment on the close day if. –

(a) such day happens to coincide with a festival, and

(b) employees required to work on that day are paid remuneration at double the rate of their normal wages calculated by the hour.

No employees shall be allowed or required to work-

(a) on a close day, in any establishment which is required to observe a close day; and

(b) on one day in a week, in any other establishment; and

(c) before the opening hour of the establishment and after closing hour of the establishment;

Provided that a watchman may be allowed or required to work on an off day under this section if he is allowed another off day in the week.

Every employee in an establishment shall be allowed –

(a) a holiday with wages on the Independence day, Republic day, and Mahatma Gandhi’s birthday; and

(b) three other holidays with wages in a year in connection with such festivals as Government may declare from time to time by notification.

Provided that an employee required to work on any such holiday should be paid remuneration at double the rate of his normal wages calculated by the hour.

(1) Within the period specified, in sub-section (3), the employer of every establishment shall send to the prescribed authority concerned a statement in the prescribed form containing: -

(a) the name of the employer and the manager, if any;

(b) postal address of the establishment;

(c) the name, if any; of the establishment;

(d) number of persons employed;

(e) such other particulars as may be prescribed.

(2) (i) On receipt of the statement, the authority shall on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such a manner as may be prescribed and shall issue in a prescribed form a registration certificate to the employer. The registration certificate shall on demand by the inspector, be shown to him by the employer.

(ii) The registration certificate shall be renewable by the 31st. March, every year. Thirty days grace time shall, however, be allowed for the renewal of the certificate.

(3) Within thirty days from the date mentioned in column 2 below in respect of the establishment in column 1 the statement shall be sent to the prescribed authority under sub-section (1).

Establishment: (i) Establishments existing in areas to which this Act applies or where this Act is extended. Date: The date on which this Act comes into force or the date on which the Act is extended, as the case may be.

(ii) New establishment in such area. Date: The date of which the establi-ment commences its work.

(4) It shall be the duty of the employer to notify to the prescribed authority in the prescribed form any change in respect of any information contained in his statement under this section within seven days after the change has taken place. The authority shall on receiving such notice and on being satisfied about its correctness make the change in the register of establishments in accordance with such notice and shall amend the registration certificate, if necessar0

(5) The employer shall, within ten days of his closing the establishment, notify to the prescribed authority in writing accordingly. The authority shall, on receiving the information and being satisfied about the correctness remove the name of such establishment from the register of establishments and cancel the registration certificate.

(a) Every employee who has been in employment for not less than twenty days in a year shall be entitled to one day’s earned leave for every such twenty days:

Provided that a young person shall be entitled to one day’s earned leave for every fifteen days of employment during the year.

(b) if an employee is discharged or dismissed from or leaves service during the course of the year he shall be entitled to leave with wages or wage in lieu of un-availed leave at the rates laid down in clause (a).

(c) In calculating leave under this section, fraction of half a day or more shall be treated as one day’s leave and fraction of less then half a day shall be ignored. (d) If an employee does not in any one year take the whole of the leave allowed to him under clause (a), any leave not taken by him shall be added to the leave to be allowed to him in the succeeding year: Provided that— (i) Subject to any specific agreement between the employer and the employee, the total number of days of leave that may be carried forward to a succeeding year shall not exceed forty in the case of a young person or thirty in any other case; (ii) The provisions of this section shall not operate to the prejudice of any rights to which an employee may be entitled under any other law or under the terms of any award, agreement or contract of service; (iii) Where such award, agreement or contract of service provides for a longer leave with wages or weekly holidays than those provided under this section the employee shall be entitled to only such longer leave or weekly holidays as the case may be. (2) Leave period in clause (a) of sub-section (1) shall, when applied for be granted except for a valid reason to be communicated in writing by the employer to the employee within fifteen days of the application: Provided that the leave so refused shall, if applied for again, be allowed during the year. (3) (a) For the purpose of computing the period during which an employee has been in employment within the meaning of sub-section (1) (a), the period during which he was on leave under this section and the off days in a week referred to in section 11, shall be included. (b) The un-availed leave of an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge, removal or dismissal. (4) Notwithstanding anything contained in the foregoing sub-section every employee in an establishment shall be allowed with wages seven days casual leave and seven days sick leave in a year.

(1) Any person employed in or about an establishment for a period of fifteen days, or more shall receive, for every off day in a week referred to in section 11, wages at the rate of not less than the average daily wages earned by him for the days on which he worked during the week immediately preceding every such off day. (2) For the leave allowed to him under section 14, an employee shall be paid at the rate of equal to the daily average of his total full time earnings for the days on which he worked during the month immediately preceding his leave exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the Concessional sale to the employee of food grains and other articles. (3) An employee who has been allowed leave for not less than five days in the case of a young person and four days in any other case shall, on demand, before his leave begins, be paid the wages due for the period of leave allowed.

(1) Every person responsible for the payment of wages to an employee shall fix a period in respect of which such wages shall be payable. (2) No wage period shall exceed one month. (3) The wages of every person employed shall be paid before the expiry of the seventh day from the date on which the wages become due. (4) Where the employment of any person is terminated by or on behalf of the employer the wages earned buy him and the remuneration in lieu of un-availed period of due leave shall be paid before the expiry of the second working day after such termination and where an employee quits his employment, on or before the next pay day: Provided that no claim under this section shall be entertained unless it is preferred within six months from the date of its accruing except under special circumstances at the discretion of the Chief Inspector of Shops and Commercial Establishments Punjab.

The wages of an employee shall be paid to him without deductions of any kind except those authorized by or under the Payment of Wages Act, 1936, in so far as such deductions are applicable to the employee and in such manner, to such extent and to subject to such conditions as are specified in that Act.

(1) In case of contravention of the provisions of section 16, if a judicial Magistrate is satisfied that the employee has not been paid his due wages, he shall direct the employer to pay the wages along with compensation not exceeding eight times the amount of wages withheld. (2) The amount of wages withheld and compensation payable under this section shall for the purposes of its recovery, be deemed to be a fine imposed under this Act in addition to the penalty imposed under section 26 and shall be realised as such.

(1) Government may, by notification appoint such persons or such class of persons as it thinks fir to be inspecting officers for the purposes of this Act within such local limits as it may assign to them, respectively. (2) Subject to any rules made by Government in this behalf an inspecting officer may, within the local limits for which he is appointed— (a) enter at all reasonable times and with such assistants, if any being persons in the service of Government or of any local authority as he thinks fit, any place which is or which he has reason to believe to be an establishment; (b) make such examination of the premises and of any prescribed registers, records and notices and take on the spot or otherwise evidence of any persons as he may deem necessary for carrying out purposes of this Act; (c) exercise such other powers as may be necessary for carrying out the purposes of this Act: Provided that no one shall be required under this section to answer any question or give any evidence tending to incriminate him. (3) Ever inspecting officer appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

(1) The employer of every establishment shall, in the prescribed form and manner keep exhibited in the establishment a notice setting forth the close day, the working hours and the period of interval of employed persons, if any, and such other particulars as may be prescribed. (2) The employer of any establishment, about the business of which persons are employed, shall in the prescribed form and manner keep a record of working hours, rest intervals and the amount of leave taken by every person employed about the business of an establishment and particulars of all overtime employment shall be separately entered in the record. (2A) The employer of every establishment, about the business of which persons are employed, shall mart the attendance of every employees in the register maintained for the purpose within one hour of the start of duty and in the case of overtime every entry regarding the commencement or closure of overtime shall respectively be made before or after such commencement of closure. (3) The employer of every establishment shall keep a photograph of each employee who has completed three months continuous service in the establishment: Provided that where such employee fails to supply such photograph to the employer within fifteen days of the completion of such service, his failure so to so shall be recorded by the employer under the signature of the employee. (4) The employer of every establishment shall for the purposes of this Act maintain such other records and registers and display such other notices as may be prescribed. (5) In the case of any contravention of the foregoing provisions of this section, the employer of an establishment shall be liable, on conviction to a fine not exceeding five rupees for everyday on which the contravention occurs or continues. (6) If any person with intent to deceive makes, or causes or allows to be made, in any such record, register or notice as aforesaid an entry which is to his knowledge false in any material particular or willfully omits or causes or allows to be omitted from any such record, register or notice an entry required to be made therein, he shall be liable, on conviction, to imprisonment for a term not exceeding three months or to a fine which shall not be less than twenty five rupees and may extend to two hundred rupees or both.

(1) It shall be the duty of every employer of an establishment to make available for inspection of such officers as may be prescribed, all accounts or other records required to be kept for the purposes of this Act; and to give to such officer any other information in connection therewith as may be required. (2) Whoever contravenes the provisions of sub-section (1) or willfully obstructs the inspecting authority in the exercise of the power under this Act or conceals or prevents any employee in an establishment from appearing before or being examined by the authority shall be liable, on conviction to a fine which shall not be less than twenty five rupees and may extend to two hundred rupees.

(1) No employee shall be removed from service unless and until one month’s previous notice or pay in lieu thereof has been given to him: Provided that – (a) no employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record; (b) no employee shall be entitled to one month’s notice or notice pay unless and until he has been in the service of the employee continuously for a period of three months. (2) In any case instituted for a contravention of the provisions of sub-section (1), if a Judicial Magistrate is satisfied that an employee has been removed without reasonable cause, the Judicial Magistrate shall, for reason to be recorded in writing, award compensation to the employee equivalent to two month’s salary; Provided that no such claim shall be entertained unless it is preferred by the employee within six months from the date of his removal. (3) The amount payable as compensation under this section shall be in addition to, and recoverable and fine payable under section 26.

(1) No employee, who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer seven days previous notice or pay in lieu thereof. (2) Where an employee contravenes the provisions of sub-section (1) his employer may forfeit his unpaid wages for a period not exceeding seven days.

Save as otherwise provided by any law for the time being in force, it shall not be lawful in any locality to carry on in any place not being an establishment, retail trade or business of any class at any time if it is unlawful in that locality to keep an establishment open for the purpose of such retail trade or business, and if any person carried on any trade or business in contravention of this section, this Act shall apply as if he were the employer of the establishment which was being kept open in contravention of the Act.

Subject to the other provisions of this Act whoever contravenes any of the provisions of this Act or the rules made thereunder and no penalty has been provided for such contravention in this Act, shall be liable, on conviction, to a fine, not exceeding one hundred rupees for the first offence, and three hundred rupees for every subsequent office: Provided that the fine in respect of every subsequent offence within the same year shall not be less than one hundred rupee sin any case.

No suit, prosecution or other legal proceeding shall lie against any public servant or any other person in the service of the Central or State Government, acting under direction of any such public servant, for anything in good faith done or intended to be done in pursuance of the provisions of this Act or of any rule made thereunder.

Government or any officer empowered by the Government in this behalf may, by notification in the official Gazette, exempt from the operation of all or any of the provisions of this Act for any period it considers desirable any establishment or any class thereof or any employer or employees or class of employers or employees to whom this Act applies on such conditions as it may think fit.

No child who has not completed the age of fourteen years shall be employed in any establishment.

(1) No woman shall be required or allowed to work whether as an employee or otherwise in any establishment during night: Provided that nothing in this sub-section shall apply to an establishment which is engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit. (2) No employee of any establishment shall knowingly employ a woman and no woman shall engage in employment in any establishment during six weeks following the day of her confinement or miscarriage. (3) Government may prescribe further conditions in respect of employment of women employed about the business of establishment or any class of them, including if it thinks fit, conditions with respect to the daily period of employment, leave, and other matters and no woman shall be employed otherwise than in accordance with these conditions.

(1) Every woman employed in an establishment who has been continuously employed in that establishment or in establishments belonging to the employer of that establishment for a period of not less than six months preceding the date of her delivery shall be entitled to receive, and the employer shall be liable to make to her, a payment of maternity benefit which shall be prescribed by the Government for everyday during the six weeks immediately preceding and including the day of her delivery and for each days of six weeks following her delivery: Provided that no such payment shall be made for any day on which she attends work and receives payment thereof during the six weeks preceding her delivery.

Notwithstanding anything contained in the law relating to legal parishioners for the time being in force, no legal practitioner shall be permitted to appear, plead or act for the employer or the employee in any proceedings, before a court between an employer or the employee, arising out of the contravention of any of the provisions of this Act.

Nothing in this Act shall affect any rights or privileges to which an employee in any establishment is entitled on the date this Act comes into force under any other law, contract, custom or usage applicable to such establishment or any 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 could be entitled under this Act.

No court shall take cognizance of any offence punishable under this Act or any rule made thereunder or of the abetment of or attempt to commit, such offence, save on a complaint made by the employee concerned or by such officer, save on a complaint made by the employee concerned or by such officer as may be authorized in writing in this behalf by the Government.

(1) Government may make rules for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -- (a) the manner and form in which the registers and notice shall be kept; (b) the officers who may be empowered to inspect registers and call for information as required by this Act; (c) the agency by which and the manner in which the prosecution shall be instituted; (d) the form of submitting a statement, the particulars under sub-section (1) of section 13, the manner in which registration of establishment is to be made and the form of registration certificate under sub-section (2) and the form of notifying a change under sub-section (4) of section 13; (e) the authority to and the manner in which any notice required by this Act shall be given; (f) the conditions subject to which any exemption under this Act may be granted; (g) the manner in which the employer of an establishment shall keep exhibited in the premises a close day, closing and opening hours and such other particulars as may be prescribed; and (h) to safeguard health, safety and welfare of the employees while on duty; and (3) All rules made under this section shall, as soon as possible after they are made, be laid before the State Legislature.

The Punjab Trade Employees Act, 1940, is hereby repealed: Provided that – (a) every appointment order, rule, bye-law, regulation, notification or notice made, issued or given under the provisions of the Act so repealed shall in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any other appointment order, rule, bye-law, regulation, notification or notice made issued or given under this Act; (b) any proceeding relating to the trial of an offence punishable under the provisions of the Act so repealed, shall be continued and completed as if the said Act has not been repealed but has continued in operation, and any penalty imposed in such proceeding shall be recovered under this Act as repealed.