The Rajasthan Shops And Commercial Establishment Act,1958

The Rajasthan Shops and Commercial Establishments Act, 
1958 
Act No. 31 of 1958 
RJ830 
 
[Published in Rajasthan Gazette, Part IV-A, Extra ordinary, dated August 4, 1958.] 
[Received the assent of the President on the 24th day of July, 1958] 
  
 An Act to consolidate and amend the law relating to the regulation of conditions of 
work and employment in shops and commercial establishments. 
Whereas it is expedient to consolidate and amend the law relating to the regulation of 
conditions of work and employment in shops and commercial establishments in the State of 
Rajasthan. 
CHAPTER I 
Preliminary 
1. Short title, extent, commencement and application. - (1) This Act may be called the 
Rajasthan Shops and Commercial Establishments Act, 1958. 
(2) It extends to the whole of the State of Rajasthan. 
(3) It shall come into force on such [date] as the State Government may, by notification in the 
Official Gazette, appoint in this behalf. 
(4) It shall apply in the first instance to such areas as the State Government may specify by 
notification in the Official Gazette. 
(5) The State Government may, after giving three months notice of its intention of so doing, 
by notification in the Official Gazette, extend the provisions of the Act or any of them to 
such other areas as may be specified. 
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,- 
(1) "apprentice" means a person, aged not less than twelve years, who is employed, 
whether on payment of wages or not, for the purpose of being trained in any trade, 
craft or employment in any establishment; 
(2) "closed" means not open for any purpose whatsoever; 
(3) "commercial establishment" means a commercial or trading or banking or insurance 
establishment, an establishment or administrate service in which the persons 
employed are mainly engaged in office work, a hotel, a restaurant, boarding or eating 
houses, cafe or any other refreshment house, a theatre or any other place of public 
amusement or entertainment and includes every such establishment as the State 
Government may, by notification in the Official Gazette, declare to be a commercial 
establishment for the purposes of this Act; 
(4) "day" means the period of twenty-four hours beginning at midnight: 
 Provided that, in the case of an employee whose hours of work extend beyond 
midnight, 'day' means the period of twenty-four hours beginning from the time when such 
employment commences irrespective of midnight; 
(5) "employee" means a person wholly or principally employed in, or in connection with 
any establishment and includes an apprentice but does not include a member of the 
employer's family; it also includes any clerical or other staff of a factory or industrial 
establishment who falls outside the purview of the Factories Act, 1948 (Central Act 
LXIII of 1948); 
(6) "employer" means a person having charge or or owning or having ultimate control 
over the affairs of an establishment and includes the manager, agent or other person 
acting in the general management or control of an establishment; 
(7) "establishment" means a shop or a commercial establishment; 
(8) "family" in relation to an employer means the husband or wife; son, daughter, father, 
mother, brother or sister of such employer who lives with, and is dependent on him; 
(9) "Inspector" means an Inspector appointed under the Act; 
(10) "leave" means leave provided for in Chapter IV of the Act; 
(11) "night" means a period of at least twelve consecutive hours which shall include the 
interval between 10 p.m. and 6 a.m. 
(12) "opened" means opened for any purpose whatsoever; 
(13) "period of work" means the time during which an employee is at the disposal of the 
employer; 
[(14) "prescribed authority" means the authority as may be notified by the State 
Government in the Official Gazette from time to time.] 
(15) "register of establishments" means a register maintained for the registration of 
establishments under this Act; 
(16) "registration certificate" means a certificate showing the registration of an 
establishment; 
(17) "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 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 (Central Act LXIII of 
1948); 
(18) "spread-over" means the period between the commencement and the termination of 
the work of an employee on any day; 
(19) "State" or "State of Rajasthan" means the new State of Rajasthan as formed by 
Section 10 of the States Re-organisation Act, 1956 (Central Act 37 of 1956); 
(20) "Work" means the period of seven days beginning at midnight of Saturday or such 
other day as may be approved in writing for a particular area by the prescribed 
authority; 
(21) "Year" means a year commencing on the first day of January. 
3. Exemptions. - (1) Nothing in the Act shall apply to- 
(a) offices of or under the Central or any State Government or local authorities; 
(b) offices of the Reserve Bank of India; 
(c) establishments for the treatment or the care of the infirm, or the mentally unfit; 
(d) persons whose work is inherently intermittent such as travellers or caretakers; 
(e) fairs or bazars for sale of work for charitable or other purposes from which no private 
profit is derived; and 
(f) libraries at which the business of lending books or periodicals is not carried on for 
purposes of gain other than that of making profit for charitable, philanthropie, religious 
or educational objects. 
(2) The State Government may, by notification in the Official Gazette, exempt either 
permanently or for any specified period any establishment or class of establishments or 
person or class of persons, to which or to whom this Act applies, from all or any of its 
provisions, subject to such conditions as the State Government may deem fit. 
CHAPTER II 
Registration of Establishments 
4. Registration of establishments. - (1) Within the period specified in sub-section (3), the 
employer of every establishment shall send to the Inspector of the area concerned a 
statement in the 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 the establishment; 
(c) the name, if any, of the establishment; and 
(d) such other particulars as may be prescribe. 
(2) On receipt of the statement and the fees, the 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 employer. The registration certificate shall be prominently 
displayed at the establishment. 
(3) Within thirty days from the date mentioned in column 2 below in respect of an 
establishment mentioned in column 1 the statement together with fees shall be sent to 
the Inspector under sub-section (1):- 
Establishments Date from which the period of 30 days to commenced 
(1) (2) 
(i) Establishments existing on the date on 
which this Act comes into force. 
The date on which this Act comes into force. 
(ii)New establishments. The date on which the establishment commences its 
work. 
 
5. Change to be communicated to Inspector. - It shall be the duty of an employer to notify 
to the Inspector, in the prescribed form, any change in respect of any information 
contained in his statement under Section 4 within seven days after the change has taken 
place. The Inspector 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 or issue a fresh registration certificate, if 
necessary. 
6. Closing of establishment to be communicated to Inspector. - The employer shall, 
within ten days of his closing an establishment, notify to the Inspector in writing 
accordingly. The Inspector, shall, on receiving the information and being satisfied about 
its correctness, remove such establishment from the register of establishments and 
cancel the registration certificate. 
 
 
 
 
CHAPTER III 
Hours of Work 
7. Daily and weekly hours. - (1) No employee in any establishment shall be required or 
allowed to work for more than nine hours in any day and forty-eight hours in any week: 
Provided that the total number of hours of work including over- time shall not exceed ten 
hours in any day except on days of stock taking and preparation of accounts: 
Provided further that the total number of over-time hours worked by an employee shall not 
exceed fifty in a quarter. 
(2) No child between the ages of twelve and fifteen shall be allowed to work in any 
employment for more than three hours in a day. 
8. Extra wages for over-time work. - Where an employee works in any establishment for 
more than nine hours n any day or for more than-forty eight hours in any week he shall in 
respect of such over-time work be entitled to wages at the rate of one and a half times the 
ordinary rate of wages. 
(2) For the purposes of this section, 'ordinary rate of wages' means the basic wages plus 
such allowances, including the cash equivalent of the advantage 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) The cash equivalent of the advantage accruing through the concession a sale to a worker 
of foodgrains and other articles shall be computed as often as may be prescribed on the 
basis of the maximum quantity of foodgrains and other articles admissible to a standard 
family. 
Explanation 1. - "Standard family" means a family consisting of the employer, his or her 
spouse and two children below the age of fourteen years requiring in all three adult 
consumption units. 
Explanation 2. - "Adult consumption unit" means the consumption unit of a male above the 
age of fourteen years, and the consumption unit of a female above the age of fourteen years 
and that of a child below the age of fourteen years shall be calculated at the rate of 8 and 6 
respectively of one adult consumption unit. 
(4) The State Government may make rules prescribing- 
(a) the manner in which the cash equivalent of the advantage accruing through the 
concessional sale to a worker of foodgrains and other articles shall be computed, and 
(b) the registers that shall be maintained in a factory for the purpose of securing 
compliance with the provisions of this Section. 
9. Interval for rest. - The period of work of an employee in an establishment shall be so 
fixed that no period shall exceed five hours and that no such person shall work for more 
than five hours before he has had an interval for rest of at least half-an-hour. 
10. Spread-over. - The period of work of an employee in an establishment shall be so fixed 
that, inclusive of his interval of rest, it shall not spread-over more than twelve hours on 
any day. 
11. Opening and closing hours. - (1) No establishment shall, on any day, be opened 
earlier than and closed later than such hour as may be fixed by a general or special order 
of the State Government made under sub-section (2). 
(2) The State Government may, after making an inquiry in the prescribed manner, by general 
or special order fix the time at which any establishment or class of establishments shall 
be opened or closed in any local area. 
12. Weekly holidays. - (1) Every establishment shall remain closed for one day of the week. 
The employer shall fix such day at the beginning of the year, notify it to the Inspector and 
specify it in a notice prominently displayed in a conspicuous place in the shop or 
commercial establishment. The employer shall not alter such day more often than once in 
six months, and shall notify the alteration tot he Inspector and make the necessary 
change in the notice in the shop or commercial establishment. 
(2) Notwithstanding anything contained in sub-section (1) the State Government may allow 
an establishment to remain open through the week, if they are satisfied the establishment 
employs additional staff for meeting the requirements of sub-section (3). 
(3) Every employee in an establishment shall be given at least one whole day in a week as a 
holiday for rest. This is without prejudice to the existing practice in establishments which 
allow one and half days rest. 
(4) It shall not be lawful for an employer to call an employee at, or for an employee to go to, 
his establishment or any other place for any work in connection with the business of his 
establishment on a weekly holiday or on a day on which such establishment remains 
closed. 
(5) No deductions shall be made from the wages of any employee in any establishment on 
account of the holiday given to him under sub-section (1). If any employee is employed 
on daily wages, he shall none the less be paid his wages for the weekly holiday. 
CHAPTER IV 
Annual Leave with Wages 
13. Application of chapter. - The provisions of this Chapter 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: 
 Provided that where such award, agreement or contract of service provides for a 
longer leave with wages or weekly holidays than provided in this Chapter the employee 
shall be entitled to only such longer leave or weekly holidays as the case may be. 
14. Annual leave with wages. - (1) Every employee who has worked for a period of 240 
days or more in an establishment during a calendar year shall be allowed, during the 
subsequent calendar year, leave with wages for a number of days calculated at the rate 
of,- 
(i) in an adult, one day for every twelve days of work performed by him during the 
previous calendar year; 
(ii) if a child, one day for every fifteen days of work performed by him during the previous 
calendar year. 
Explanation 1. - For the purpose of this sub-section- 
(a) any days of lay off, by agreement or contract or as permissible under the standing 
orders; 
(b) in the case of female employee, maternity leave for any number of days not 
exceeding twelve weeks; and 
(c) the leave earned in the year prior to that in which the leave is enjoyed; 
 shall be deemed to be days on which the employee has worked in an establishment 
for the purpose of computation of the period of 240 days or more, but he shall not earn leave 
for these days. 
Explanation 2. - The leave admissible under this sub-section shall be exclusive of all 
holidays whether occurring during or at either end of the period of leave. 
(2) An employee whose service commences, otherwise than on the first day of January, 
shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case 
may be clause (ii) of sub-section (1) if he has worked for two-thirds of the total number 
of days in the remainder of the calendar year. 
(3) If an employee is discharged or dismissed from service during the course of the year he 
shall be entitled to leave with wages at the rate laid down in sub-section (1) even if he 
was not worked for the entire period specified in sub-section (1) or subsection (2) 
entitling him to earn leave. 
(4) In calculating leave under this Section, fraction of leave of half a day or more shall be 
treated as one full day's leave and fraction of less than half a day shall be omitted. 
(5) If an employee does not in any one calendar year take the whole of the leave allowed to 
him under sub-section (1) or subsection (2) as the case may be, any leave not taken by 
him shall be added to the leave to be allowed to him in the succeeding calendar year: 
Provided that the total number of days of leave that may be carried forward to a succeeding 
year shall not exceed thirty in the case of an adult or forty in the case of a child: 
Provided further that an employee who has applied for leave with wages but has not been 
given such leave in accordance with any scheme laid down in sub-section (8) and (9) 
shall be entitled to carry forward the un-availed leave without any limit. 
(6) Any employee may at any time apply in writing to the manager of the establishment not 
less than seven days before the date on which he wishes his leave to begin, to take all 
the leave or any portion thereof allowable to him during the calendar year: 
Provided that the number of times in which leave may be taken during any year shall not 
exceed six. 
(7) If an employee wants to avail himself of the leave with wages due to him to cover a 
period of illness, he shall be granted such leave even if the application for leave is not 
made within the time specified in sub-section (6) and in such a case wages as 
admissible under Section 16 shall be paid not later than fifteen days. 
(8) For the purpose of ensuring continuity of work in an establishment the employer in 
agreement with the representatives of the employees therein chosen in the prescribed 
manner, may formulate a scheme in writing whereby the leave allowable under this 
Section may be regulated. 
(9) A scheme formulated under sub-section (8) shall be posted in convenient places in the 
premises of the establishment and shall be in force for a period of twelve months and 
may thereafter be renewed, with or without modification, for a further period of 12 
months at a time by the employer in agreement with the representatives of the 
employees as specified in sub-section (8). 
(10) An application for leave which does not contravene the provisions of sub-section (6) 
shall not be refused unless refusal is in accordance with the scheme for the time being 
in operation under sub-section (8) and (9). 
(11) If the employment of an employee who is entitled to leave under sub-section (1) or sub-
section (2), as the case may be, is terminated by the employer before he has taken the 
entire leave to which he is entitled or if having applied for and having not been granted 
such leave, the employee quits his employment before he has taken the leave, the 
employer shall pay him the amount payable under Section 15 in respect of the leave not 
taken, and such payment shall be made where the employment of the employee is 
terminated by the employer before the expiry of the second working day after such 
termination and where nay employee quits his employment, on or before the next pay 
day. 
(12) 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 or dismissal. 
15. Wages during leave period. - (1) For the leave allowed to him under Section 14 an 
employee shall be paid at a rate 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 over-time and bonus but inclusive of dearness allowances and the cash 
equivalent of an advantage accruing through the concessional sale to the employees of 
foodgrains and other articles. 
(2) The cash equivalent of the advantage accruing through the concessional sale to the 
employee of foodgrains and other articles shall be computed as often as may be 
prescribed on the basis of the maximum quantity of foodgrains and other articles 
admissible to a standard family. 
Explanation 1. - "Standard family" means a family consisting of an employee, his or her 
spouse and two children below the age of fourteen years requiring in all three adult 
consumption units. 
Explanation 2. - "Adult consumption unit" means the consumption unit of a male above the 
age of fourteen years, and the consumption unit of a female above the age of fourteen years 
and that of a child below the age of fourteen years shall be calculated at the rate of 8 and 6 
respectively of one adult consumption unit. 
(3) The State Government may make rules prescribing- 
(a) the manner in which the cash equivalent of the advantage accruing through the 
concessional sale to a worker of foodgrains and other articles shall be computed, and 
(b) the registers that shall be maintained in a factory for the purpose of securing 
compliance with the provisions of this Section. 
16. Payment of advance in certain cases. - An employee, who has been allowed leave for 
not less than four days in the case of an adult, and five days in the case of a child, shall 
before his leave begins be paid the wages due for the period of leave allowed. 
17. Mode of recovery of unpaid wages. - Any sum required to be paid by an employer 
under this Chapter but not paid by him shall be recoverable as delayed wages under the 
provisions of the Payment of Wages Act, 1936 (Central Act IV of 1936). 
18. Power to make rules. - The State Government may make rules directing employers to 
keep registers containing such particulars as may be prescribed and requiring the 
registers to be made available for examination by Inspectors. 
19. Powers to exempt establishments. - Where the State Government is satisfied that the 
leave rules applicable to employees in an establishment provide benefits which in its 
opinion are not less favourable than those for which this Chapter makes provisions it 
may, by written order, exempt the establishment from all or any of the provisions of this 
Chapter subject to such conditions as may be specified in the order. 
CHAPTER V 
Wages 
20. Application and amendment of the Payment of Wages Act. - (1) Notwithstanding 
anything contained in the Payment of Wages Act, 1936 (Central Act IV of 1936), herein 
referred to as "the said Act", the State Government may, by notification in the Official 
Gazette, direct that, subject to the provisions of sub-section (2) the said Act or any of the 
provisions thereof shall apply to all or any class of employees in an establishment to 
which this Act applies. 
(2) On the application of the provisions of the said Act to any establishment under sub-
section (1), the Inspector appointed under this Act shall be deemed to be the Inspector 
for the purpose of the enforcement of the provisions of the said Act within the local limits 
of his jurisdiction. 
CHAPTER VI 
Employment of Children and Women 
21. Prohibition of employment of children. - No child who has not completed the age of 
twelve shall be required or allowed to work in any establishment. 
22. Employment of women. - Publication of employment during night.- No woman or child 
between the ages of 12 and 15 shall be required or allowed to work whether as an 
employee or otherwise, in any establishment during night. 
23. Prohibition of employment during certain periods. - No owner or manager of an 
establishment shall knowingly employ a woman, and no woman shall engage in 
employment in any establishment during the six weeks following the day on which she is 
delivered of a child. 
24. Right of absence in pregnancy. - (1) If any woman employed in an establishment who 
is pregnant gives notice either orally or in writing in the prescribed form to the employer 
that she expects to be delivered of a child within six weeks from the date of such notice, 
the employer shall permit her, if she so desires, to absent herself from work upto the day 
of her delivery: 
 Provided that the employer may, on undertaking to defray the cost of such 
examination, require the woman to be examined by a qualified medical practitioner or 
midwife, and if the woman refuses to submit to such examination or is certified on such 
examination as not pregnant or not likely to be delivered of a child within six weeks he may 
refuse such permission. 
(2) The examination referred to in the proviso to sub-section (1) shall, if the woman so 
desires, be carried out by a woman. 
25. Maternity leave. - The absence of a woman, during the period she is entitled to 
maternity benefit under this Act or due to illness medically certified to arise out of 
pregnancy or confinement, shall be treated as authorised absence on leave. 
26. Maternity benefit. - (1) Every woman employed in an establishment who has been 
continuously employed in that establishment or in establishments belonging to the 
owner 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 State Government 
for every day during the six weeks immediately preceding and including the day of her 
delivery and for each day of the six weeks following here delivery: 
Provided that no such payment shall be made for any day on which she attends work and 
receives payment therefor during the six weeks preceding here delivery. 
(2) The manner in which the maternity benefit shall be payable, may be prescribed by the 
State Government. 
27. Intervals for nursing the child. - Any woman employed in an establishment who is 
delivered of a child shall, while she is nursing here child, he allowed half-an-hour twice a 
day during here working hours for this purpose in addition to regular intervals for rest. 
28. Prohibition of dismissal during or on account of absence from work owing to 
confinement. - (1) When a woman absents herself from work under Section 25, it shall 
be unlawful for the employer to dismiss her during or on account of such absence, or to 
give notice of dismissal on such a day that the notice will expire during such absence. 
(2) The dismissal of a woman at any time within six months before she is delivered of a child, 
if the woman but for such dismissal, would have been entitled to maternity benefit under 
this Act, shall not have the effect of depriving her of that maternity benefit, if the 
Inspector is satisfied that her dismissal was without sufficient cause. 
[CHAPTER VI-A 
Dismissal, discharge and termination of service 
28A. Notice of dismissal of discharge by employer. - (1) No employer shall dismiss or 
discharge from his employment any employee who has been in such employment 
continuously for a period of not less than 6 months except for a reasonable cause and 
after giving such employee at least one month's prior notice or on paying him one 
month's wages in lieu of such notice: 
 Provided that such notice shall not be necessary where the services of such 
employee are dispensed with for such misconduct, as may be defined in the rules made by 
the State Government in this behalf, and supported by satisfactory evidence recorded at an 
enquiry held for the purpose in the prescribed manner. 
(2) Every employee so dismissed or discharged may make a complaint in writing in the 
prescribed manner to a prescribed authority within 30 days of the receipt of the order of 
dismissal or discharge on one or more of the following grounds, namely- 
(a) that there was no reasonable cause for dispensing with his services; or 
(b) that no notice was served upon him as required by sub-section (1); or 
(c) that he had not been guilty of any misconduct: 
 Provided that the prescribed authority may condone delay in filing such a complaint if 
it is satisfied that there was sufficient cause for not making the complaint within the 
prescribed time. 
(3) The prescribed authority shall cause a notice to be served on the employer relating to the 
said complaint, record briefly the evidence produced by the parties, hear them and 
make such enquiry as it may consider necessary and thereafter pass orders in writing 
giving reasons therefor. 
(4) While passing an order under sub-section (3), the prescribed authority shall have power 
to give relief to the employee by way of re-instatement or by awarding money 
compensation or by both. 
(5) The decision of the prescribed authority under this Section shall be final and binding both 
on the employer and the employee. 
28B. Notice of termination of employment by employee. - (1) No employee who has 
been in continuous employment of an employer for a period of not less than 6 months 
shall leave the service of such employer without giving him one month's notice in 
writing. 
(2) Where an employee contravenes the provision of sub-section (1), his employer may 
forfeit his unpaid wages for a period not exceeding one month or for the number of days 
by which the notice falls short of one month or he may apply to the prescribed authority 
appointed under Section 28-A for awarding suitable money compensation against such 
an employee. 
CHAPTER VII 
Enforcement and Inspection 
29. Enforcement and appointment of Inspectors. - (1) The State Government may, by 
notification, appoint such persons or such class of persons as it thinks fit to be 
Inspectors for the purposes of this Act within such local limits as it may assign to them 
respectively. 
(2) The State Government may hand over the administration of this act, and with it the power 
to appoint Inspector, to local authorities generally or to any particular local authority. 
30. Powers and duties of Inspectors. - Subject to any rules made by the State 
Government in this behalf, an Inspector 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 the 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 the purpose of this Act; and 
(c) exercise such other powers as may be necessary for carrying out the purpose of this 
Act: 
 Provided that no one shall be required under this Section to answer any question or 
give any evidence tending to eliminate himself. 
31. Inspector to be public servant. - Every Inspector appointed under Section 29 shall be 
deemed to be a public servant within the meaning of Section 21 of the Indian Penal 
Code. 
32. Employer to produce registers, records etc., for inspection. - Every employer shall 
on demand produce for inspection of an Inspector, all registers, records and notices 
required to be kept under and for the purposes of this Act. 
 
CHAPTER VIII 
Offences, Penalties and Procedure 
33. Penalties. - (1) Whoever contravenes any of the provisions of Sections 4, 5, 6, 7, 9, 10, 
11, 12, 13, 14, 15, 23, 24, 25, 26, [28, 28-A and 28-B], shall on conviction, be 
punishable with fine which, for a first offence may extend to two hundred and fifty rupees 
and, for a second or any subsequent offence, may extend to five hundred rupees. 
(2) Whoever contravenes any of the provisions of Sections 8, 16, 21, 22, 27, 32 and 36 shall, 
on conviction, be punishable with fine which may extend to fifty rupees. 
34. Procedure. - (1) No prosecution under this Act or the rules or orders made thereunder 
shall be instituted except by an Inspector appointed under Section 29 or except with the 
previous sanction of the State Government or the local authority as the case may be. 
(2) No court inferior to that of a Magistrate of a Second Class shall try any offence 
punishable under this act or any rules or orders made thereunder. 
35. Limitation of prosecutions. - No court shall take cognizance of any offence under this 
Act or any rule or order made thereunder, unless complaint thereof is made within six 
months of the date on which the offence is alleged to have been committed. 
CHAPTER IX 
Miscellaneous 
36. Maintenance of registers and records and display of notices. - Subject to the 
general or special orders of the State Government, an employer shall maintain such 
registers and records and display on the premises of his establishment such notice as 
may be prescribed. All such registers and records shall be kept on the premises of the 
establishment to which they relate. 
37. Saving of certain rights and privileges. - Nothing in this Act shall affect any rights or 
privileges which an employee in any establishment is entitled to 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 would be entitled under this Act. 
38. Application of the Workmen's Compensation Act, 1923. - The provisions of the 
Workmen's Compensation Act, 1923 (Central Act VIII of 1923) and the rules there under 
shall, mutatis mutandis, apply to every to every employee of a shop or commercial 
establishment. 
39. Indemnity. - No suit, prosecution or other legal proceeding shall lie against any person 
for anything which is in good faith done or intended to be done under this Act. 
40. Power to make rules. - (1) The State Government may, by notification in the Official 
Gazette, make rules for the purpose of carrying into effect the provisions of this Act. 
(2) In particular and without prejudice to the generality of the foregoing power, rules made 
under sub-section (1) may provide in respect of the health, safety and welfare of 
employees. 
(3) In making rules under this Section, the State Government may provide that a 
contravention of the rules shall be punishable with fine, which may extend to fifty 
rupees. 
(4) The power to make rules conferred by this Section is subject to the condition of the rules 
being made after previous publication. 
41. Repeal. - On and from the date of commencement of this Act in any area, the 
enactments specified in the Schedule shall stand repealed in so far as they apply to 
such area: 
 Provided that anything done in relation thereto under the enactments so repealed, 
which could have been done under this act, if it had then been in force in that area, shall be 
deemed to have been done under this Act. 
 
The Schedule 
(See Section 41) 
1. The Weekly Holidays Act, 1942 (Central Act XVIII of 1942). 
2. The Ajmer Shops and Commercial Establishments Act, 1956. 
3. The Madhya Bharat Shops and Establishments Acts Samvat 2000 (1952 A.D.) in so far as 
it applies to the Sunel Tappa of Bhanpura Tehsil of Mandsaur district in the pre-
reorganisation State of Madhya Bharat. 
4. The Bombay Shops and Establishments Act, 1948 in so far as it applies to the Abu Road 
Taluka of Banaskantha district in the pre-reorganisation State of Bombay. 
5. All corresponding laws in force in any part of the State of Rajasthan. 
 
Notifications 
Section 1(3): 
Notification No. F. 3(5)/Lab/59/3550, dated 15-5-1959, published in Rajasthan Gazette 
Extraordinary , part IV-C, dated 16-5-1959. - In the exercise of the powers conferred by sub-
section (3) of section 1 of the Rajasthan Shops & Commercial Establishments Act, 1958 (Act 
No. 31 of 1958), the State Government hereby appoints the 1st day of June, 1959 as the 
date on which the said Act shall come into force. 
Section 1(4): 
Notification No. F. 3(5)/Lab/59/3556, dated 15-5-1959, published in Rajasthan Gazette 
Extraordinary, part 4(C), dated 16-5-1969, page 129. - In exercise of the powers conferred 
by sub-section (4) of section 1 of the Rajasthan Shops & Commercial Establishments Act, 
1958 (Act No. 31 of 1958), the State Government hereby specifies the following areas to 
which the said act shall apply in the first instance, namely- 
S.No. Name of the town or city Name of District 
1. Jaipur Jaipur 
2. Jodhpur Jodhpur 
3. Bikaner Bikaner 
4. Udaipur Udaipur 
5. Kota Kota 
6. Alwar Alwar 
7. Sikar Sikar 
8. Tonk Tonk 
9. Churu Churu 
10. Bharatpur Bharatpur 
11. Ganganager Ganganager 
12. Bhilwara Bhilwara 
13. Ratangargh Churu 
14. Fatehpur Sikar 
15. [XXX] – 
16. Sardar Shahar Churu 
17. Sujangarh Churu 
18. Kishangarh Ajmer 
19. Pali Pali 
20. Bundi Bundi 
21. [XXX] – 
22. Barmer Barmer 
23. Dholpur Bharatpur 
24. to 28. [XXX] – 
29. Banswara Banswara 
30. Phalodi Jodhpur 
31. Rajgarh Churu 
32. Hindaun Sawai Madhopur 
33. Pratapgarh Chittorgarh 
34. Sojat Pali 
35. Sambhar Jaipur 
36. Gangapur Sawai Madhopur 
37. Makrana Nagaur 
38. Kuchaman Nagaur 
39. Deeg Bharatpur 
40. Ramgarh Sikar 
41. Chomu Jaipur 
42. Nathdwara Udaipur 
43. Brijnagar Jhalawar 
44. Bari Bharatpur 
45. Deedwana Nagaur 
46. Dungargarh Churu 
47. Sirohi Sirohi 
48. Chittorgarh Chittorgarh 
49. Chirawa Jhunjhunu 
50. [XXX] – 
51. [XXX] – 
52. to 61. [XXX] – 
62. [Ajmer] Ajmer 
63. [XXX] – 
64. [XXX] – 
65. [Beawar] Ajmer 
66. [XXX] – 
 
Section 1(5): 
Government Order No. F. 3(67) Lab/61, dated 5-4-1965. - In exercise of the powers 
conferred by sub-section (5) of Section 1 of the Rajasthan Shops and Commercial 
Establishments Act, 1958 (Rajasthan Act No. 31 of 1958), the State Government after giving 
three months notice of its intention to do so, published in Rajasthan Rajpatra No. 23 dated 
the 3rd September 1964 in Part IV-C, hereby extends the provisions of Sections 4, 5, 6, 12 
and 33 of the said Act to the town specified below namely:- 
1. Karanpur Distt. Ganganagar 
2. Bhadra Distt. Ganganagar 
3. Hanumangarh Distt. Ganganagar 
4. Rajaldesar Distt. Churu 
5. Jhunjhunu Distt. Jhunjhunu 
6. Nawalgarh Distt. Jhunjhunu 
7. Kama Distt. Bharatpur 
8. Bayana Distt. Bharatpur 
9. Karauli Distt. Sawai Madhopur 
10. Sawaimodhopur Distt. Sawai Madhopur 
11. Bandikui Distt. Jaipur 
12. Khandela Distt. Sikar 
13. Neem-ka-thana Distt. Sikar 
14. Sri Madhopur Distt. Sikar 
15. Nasirabad Distt. Ajmer 
16. Malpura Distt. Tonk 
17. Nagaur Distt. Nagaur 
18. Merta Distt. Nagaur 
19. Balotra Distt. Barmer 
20. Abu Road Distt. Sirohi 
21. Bhinmal Distt. Jalore 
22. Raj Samand Distt. Udaipur 
23. Lakheri Distt. Bundi 
24. Baran Distt. Kotah 
Notification No. F. 3(67)/Lab/61, dated 5-4-1965. - In Exercise of the powers conferred by 
sub-section (5) of section 1 of the Rajasthan shops and Commercial Establishments Act, 
1958 (Rajasthan Act 31 of 1958), and after giving 3 months notice as required by the said 
sub-section, vide notification No. F.3(67) Lab/61 dated the 2nd June, 1964, published in the 
Rajasthan Gazette Part 4 (C) dated the 3rd September, 1964, the State Government hereby 
extends the provisions of Sections 4, 5, 6 and 33 of the said Act to the towns specified 
below, namely:- 
S. 
No. 
Name of towns Name of Distt. 
1. Ladnu Nagaur 
2. Lakshmangarh Sikar 
3. Banswara Banswara 
4. Phalodi Jodhpur 
5. Rajgarh Churu 
6. Hindaun Sawaimadhopur 
7. Pratapgarh Chittorgarh 
8. Sojat Pali 
9. Gangapur Sawaimadhopur 
10. Sambher Jaipur 
11. Makrana Nagaur 
12. Kuchaman Nagaur 
13. Deeg Bharatpur 
14. Ramgarh Sikar 
15. Chomu Jaipur 
16. Nathdwara Udaipur 
17. Jaisalmer Jaisalmer 
18. Bari Bharatpur 
19. Didwana Nagaur 
20. Dungarhgarh Churu 
20. Sirohi Sirohi 
22. Chittorgarh Chittorgarh 
23. Chirawa Jhunjhunu 
24. Sahapura Bhilwara 
25. Pipar Jodhpur 
26. Sadri Pali 
27. Dausa Jaipur 
28. Nohar Sri Ganganagar 
29. Nimbahera Chittorgarh 
30. Bilwara Jodhpur 
31. Kotputli Jaipur 
32. Taranagar Churu 
33. Dungarpur Dungarpur 
34. Kekri Ajmer 
35. Deoli Tonk 
36. Bijainagar Ajmer 
37. Jalore Jalore 
N.B. - Section 12 of the said Act was extended to the places listed above vide Government 
notification No. F. 3(67) Lab. 61, dated 23-10- 1963. 
Notification No. F. 1(8) (6) Lab. 68, dated 7-1-1969, published in Rajasthan Gazette 
Extraordinary , 4(Ga) dated 7-1-1969, page 701. - In Exercise of the powers conferred by 
sub-section (5) of section 1 of the Rajasthan Shops and Commercial Establishments Act, 
1958 (Rajasthan Act 31 of 1958), the State Government after having given 3 month's notice 
of its intention of so doing (vide this Department Notification of even number dated the 5th 
September, 1968) hereby extends the provisions of sections 4, 5, 6, 12 and 33 of the said 
Act to the towns specified below:- 
S. 
No. 
Name of the Town Name of the District 
1. Shiv Ganj Sirohi 
2. Bhawanimandi Jhalawar 
3. Raisinghnagar Shri Ganganagar 
Notification No. F. 3 (67) Lab/67, dated 13-8-1974, published in Rajasthan Gazette 
Extraordinary, Part IV-C, dated 15-8-1974, page 198. 
S.O. 95. - In exercise of the powers conferred by sub-section (5) of section 1 of the 
Rajasthan Shops & Commercial Establishments Act, 1958 (Rajasthan Act 31 of 1958), the 
State Government after giving three month's notice of its intention of so doing, vide 
notification No. F 3(67) L & E/67 dated 8th January, 1974 published in the Rajasthan 
Gazette Part IV dated 16th January, 1974, hereby extends the provisions of sections 4, 5, 6, 
12 & 15 of the said Act to the municipal areas of the town specified below:- 
S. 
No. 
Name of the Town Name of the District 
1. Kherthal Alwar 
2. Todabhim Sawaimadhopur 
3. Sumerpur Pali 
4. Bisau Sikar 
5. Chaksu Jaipur 
6. Man Town Sawaimadhopur 
7. Mukandgarh Jhunjhunu 
8. Bidasar Churu 
9. Jhalarapatan Jhalawar 
10. Bali Pali 
11. Sanganer Jaipur 
12. Suratgarh Ganganagar 
13. Rajsamand Udaipur 
14. Sagwara Dungarpur 
15. Sangaria Ganganagar 
16. Raja Khera Bharatpur 
17. Nokhamandi Bikaner 
18. Ramganj Mandi Kota 
19. Kapasan Chittorgarh 
20. Todarai Singh Tonk 
21. Udaipurwati Jhunjhunu 
22. Niwai Tonk 
Notification No. F3(67) Lab/67, dated 7-10-1974, published in Rajasthan Gazette 
Extraordinary, Part IV-C(II), dated 9-10-1974. 
S.O. 141. - In Exercise of the powers conferred by sub-section (5) of Section I of the 
Rajasthan Shops * Commercial Establishments Act. 1958 (Rajasthan Act 31 of 1958), the 
State Government after giving three months notice of its intention of so doing vide 
Notification No. F 3(67) Lab/67 dated 31-12-1973, published in Rajasthan Raj-Patra Part 1 
(B) dated 23-5-1974, and hereby extends all the provisions of the said Act, to the areas 
specified, below:- 
S. 
No. 
Name of the Town Name of the District 
1. Jhunjhunu Jhunjhunu 
2. Dholpur Bharatpur 
3. Gangapur Sawaimadhopur 
4. Hanumangarh Ganganagar 
5. Baran Kota 
6. Ladnu Naguar 
7. Hindaun Sawaimadhopur 
8. Karoli Sawaimadhopur 
9. Banswara Banswara 
10. Nawalgarh Jhunjhunu 
11. Nasirabad Ajmer 
12. Chittorgarh Chittorgarh 
13. Abu Road Sirohi 
Notification No. F 8(67) Lab./67, dated 15-10-1974, published in Rajasthan Gazette Part IV 
C, dated 16-10-1974, page 93. 
In exercise of the powers conferred by sub-section (5) of Section 1 of the Rajasthan Shops 
and Commercial Establishments Act, 1958 (Act No. 31 of 1958), the State Government 
hereby gives three months notice of its intention to extend the provisions of section 11 of the 
said Act, to the areas specified, below:- 
 Name of the Town  Name of the Town 
1. Chomu 29. Raisinghnagar 
2. Kotputli 30. Karanpur 
3. Sambhar 31. Balotra 
4. Phulera 32. Jaisalmer 
5. Dausa 33. Sirohi 
6. Bandikui 34. Sheoganj 
7. Deoli 35. Jalore 
8. Malpura 36. Bhinmal 
9. Bijanagar 37. Sadri 
10. Kekri 38. Sojat 
11. Gangashahar 39. Dungarpur 
12. Pipar 40. Shahpura 
13. Bilara 41. Nimbahera 
14. Phalodi 42. Pratapgarh 
15. Nathdwara 43. Ramgarh 
16. Jhalawar 44. Lakshmangarh 
17. Bhawanimandi 45. Neem-ka-thana 
18. Lakheri 46. Shrimadhopur 
19. Merta 47. Khandela 
20. Kuchaman City 48. Chirawa 
21. Makrana 49. Pilani 
22. Deedwana 50. Raigarh (Alwar) 
23. Taranagar 51. Deeg 
24. (Sadulpur) Rajgrarh 52. Kama 
25. Dungargarh 53. Bari 
26. Rajaldesar 54. Bayana 
27. Nohar 55. Sawaimadhopur 
28. Bhadra   
Notification No. F3(67) Lab/67, dated 12-9-1975, published in Rajasthan Gazette Part IV-C, 
dated 25-9-1975, page 53. 
S.O. 489. - In Exercise of the powers conferred by sub-section (5) of section 1 of the 
Rajasthan Shops & Commercial Establishments Act, 1958 (Rajasthan Act 31 of 1958), the 
State Government after giving three month's notice of its intention of so doing, vide 
Notification No. F 3 (67) Lab/67, dated 25-4-1971, published in Rajasthan Rajpatra dated 1 -
5-1975 in Part IV-(C) at page 65, hereby extends the provisions of sections 4,5,6, 11, 12 and 
33 of the said Act to the municipal area of Salumbar town in Udaipur District. 
Notification No. F3(67) Lab./67, dated 1-4-1975, published in Rajasthan Gazette Part IV-C, 
dated 24 4-1975, page 53. 
S.O. 86. - In exercise of the powers conferred by sub-section (5) of Section 1 of the 
Rajasthan Shops and Commercial Establishments Act, 1958 (Act No. 31 of 1958), the State 
Government after giving three months notice of its intention of so doing vide Notification No. 
F 3(67) Lab/67, dated 15-10-1974, published in Rajasthan Rajpatra Part 3 (Kh), dated 16th 
Oct., 1974 hereby extends the provision of section 11 of the said Act, to the areas specified, 
below:- 
 Name of the Town  Name of the Town 
1. Chomu 28. R

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