Uttarakhand Shops and Establishements (Regulation of Employment and conditions of Service) Rules, 2022

(1) These rules may be called the Uttarakhand Shops and Establishment (Regulation of Employment and Conditions of Service) Rules, 2020. (2) It shall come into force from the date of publication in the Official Gazette.

(1) In these rules unless the context otherwise requires :- (a) 'Act' means the Uttarakhand Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2017 (No. 3 Act of 2017); (b) 'Form' means the Forms appended to these rules; (c) 'Government' means the Government of Uttarakhand; (d) 'Schedule' means a Schedule appended to these rules; (e) 'Section' means a section of the Act; (f) 'Managerial Functions' means all such functions which are inherently supervisory in nature and are bestowed with powers and authority. to take all policy and administrative decision in an organization, e.g. power to sanction leave, award increment, take 'disciplinary action, to terminate, suspend or dismiss a worker or indulge in policy making decision regarding any aspect of the business or service, conditions of workers and such other similar powers. (2) Words and expressions used in these rules but not defined hereinabove shall have the same meanings as are réspectivęly assigned to them in the Act.

The employer of every establishment engaging ten or more workers shall submit online application in Form “A" for registration of the establishment as per section 5 of the Act alongwith the required documents as specified in Part "A" of the Schedule.

No fee is prescribed under those rules. However, the employer shall pay the electronic transaction or service charges as fixed by the Government from time to time for availing e-services under the Act and these rules.

(1) Every online application in Form "A" for registration of establishment may be assigned to any of the Facilitator of that local office, who shall scrutinize the application, uploaded documents along with the details mentioned in the application. If the application is complete in all respects and supported with all the required documents, he shall digitally sign the certificate of the registration, which shall be in Form "B" within working twenty four hours from the date of application appears on the dashboard of the Facilitator. The digitally signed certificate may be downloaded by the applicant. The entry of the establishment which is registered shall be made in the Register of Establishment to be maintained in Form "C". The registration of Shop and establishment shall be whole time. (2) If an application is incomplete or not supported with required documents as mentioned in these rules, then the Facilitator, may reject such application by mentioning the reasons thereof within working twenty four hours from the date on which the application appears on the dashboard of the Facilitator. (3) It shall be the duty of every employer to issue identity card to her/his employees. This should be furnished all the details of the workers with emergency contact number and issue labour identity number according to to their registration number.

The employer of every establishment engaging less than ten workers shall submit an online intimation in Form "D" of commencement of the business alongwith the required documents as specified in Part "B" of the Schedule.

After receiving intimation in Form "D" alongwith all the documents, a receipt of such intimation in Form "E" shall be issued to the applicant online and the details thereof shall be recorded in a register maintained for that purpose in Form "F".

(1) Any changes in the certificate of registration shall be notified online in Form "G" to the Facilitator as per section 5 of the Act within thirty days from the date the change took place along with required documents to be uploaded as specified in the application and Part "C" of the Schedule. (2) On receipt of such notice the Facilitator shall scrutinize the same and shall digitally sign and issue a fresh modified certificate within working twenty four hours from the date of receipt of such notice. However, if the notice is not complete or is not supported by the required documents he shall reject the notice by mentioning the reasons thereof.

(1) Every employer of an establishment engaging ten or more workers, on closing its business permanently shall communicate the same to the Facilitator in Form "H". (2) Every employer of an establishment engaging less than ten workers on closing of its business permanently shall communicate the same to the Facilitator, in Form "I".

(1) The following are the conditions for employment of women workers in general in any establishment irrespective of the number of woman workers employed therein, namely:- (i) The employer shall take all the measures and safeguards to prevent or deter the commission of the Acts of sexual harassment place of work by strictly implementing and enforcing all. the provisions of the Sexual Harassimént of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013). (2) The following additional conditions shall be complied for employment of women workers in night shifts, (a) Women workers shall be allowed to work during 9.00p.m. and 6.00a.m. in any establishment only after obtaining her consent in Form "J".

(1) Every establishment wherein one hundred or more workers are ordinarily employed, there shall be constituted a Health, Safety and Welfare Committee, consisting of equal number of employer and worker's representatives.