Friday, 16 January 2015

West Pakistan Shops and Establishments Rules, 1969

West Pakistan Shops and Establishments Rules, 1969
(In Sind. the words “West Pakistan” subs. by “Sind” Sind Govt. Gaz. Pt. IV‑A, Apt. 6, 1980. p.4=1981 PLS 60)
(Noti No. 19-2 (L‑IV) 69 Nov, 18, 1969. Gaz. of West Pakistan Extr Nov. 22, 1969, p. 2085 = 1969 PLS 139)
[Rules made by the Governor of West Pakistan in exercise of the powers conferred by section 32 of the West Pakistan Shops, and Establishments Ordinance, 1569 (West Pakistan Ordinance VIII of 1969), and in supersession of the Punjab Trade Employees Rules, 1940, the Sind Shops and Establishments Rules, 1941 and the Northwest Frontier Province Trade Employees Rules, 1949].

1. Short title, commencement and application.‑--- (1,) These Rules tray be called the West Pakistan Shops and Establishments Rules, 1969.
(2) They shall come into force at once.
(3) These rules shall apply to all the areas and places in West Pakistan to which the West Pakistan Shops and Establishments Ordinance, 1969 is applicable.( In respect of Sind sub rule (3) deleted, ibid.)
2. Definitions.---In these rules, unless the context otherwise requires, ‘the following expressions shall have the meanings hereby respectively assigned to them:---
(a) “Chief Inspector”, “Deputy Chief Inspector” and “Inspector” means persons appointed under, section 25;
(b) Form means a form appended to these rules;
(c) “Ordinance” means the (In respect of Sind, the words “West Pakistan” subs. by “Pakistan”, ibid.)West Pakistan Shops and Establishments Ordinance, 1969; and
(d) “Section” means a section of the Ordinance.
3. Choke of weekly holiday.:‑----(1) Intimation about the choice of weekly holiday required to be submitted under sub‑section (5) of section 6 shall be sent by the employer in Form I to the Deputy Chief Inspector with a copy thereof to the Inspector of the area in which the establishment is situated.
(2) A notice in Form II of the weekly holiday to be observed in the establishment shall be exhibited at a conspicuous place near the main entrance of the establishment.
4. Change of weekly holiday.‑---(1) An application for changing the weekly holiday shall be submitted by the employer” in Form III to the Deputy Chief Inspector of the area in which the establishment is situated, who may grant such application.
(2) When the approval of the Deputy Chief Inspector to the change of weakly holiday has been obtained the employer shall affect necessary change in Form II to be exhibited in the establishment.
5. Fencing and guarding machinery.‑---All the machinery mechanically or electrically propelled in an industrial establishment shall be guarded in the following, manner:
(a) The following parts of transmission machinery shall be securely fenced if in motion and within reach of employees:---
(i) All shafts, couplings, collars, clutches, toothed wheels, pully driving straps, chains and ropes, except such as are, in the opinion of the Inspector, by construction or position equally safe to every person employed in the establishment as they would be securely fenced or guarded.
(ii) All projecting set screws; keys, nuts or bolts on revolving parts except such as are countersunk or otherwise made equally safe.
(iii) The underside of all heavy over‑head main driving belts or, ropes if there is any probability of persons having to pass under them.
(b) The following posts of machine tests shall be securely fenced,---
The back gears and change wheels of lathes, the back and level gearing of drilling machines, and the gear wheels of planning, shaping, allotting and milling machines which are within six feet of any spot on which any persons may have to stand or on which any person may have to pass in the course of his employment.
(c) Every platen machine and guillotine cutting machine in a printing work shall be fitted with an efficient finger guard.
(d) All emery wheels and tool grinding machines shall be fitted with strong iron guards and shall have a plate glass shield so fitted as to prevent flying particles from entering into the operators’ eyes.
(e) All circular saws of more than six inches in diameter shall be provided with a strong metal hood guard with a riving knife at the back of the saw.
(f) All hand saws shall be fitted with expended metal cage guards enclosing the upper half of the machine. The saws under the table shall also be completely guarded.
(g) All electrical circuits or parts of such circuits or any object electrically connected with them, whether commonly or occasionally in an electrified condition, which by reason of their position could cause injury to any person, shall be protected adequately, either by nonmetallic fencing or insulation or by both, in such manner as to remove danger of injury:---
Provided that under no case shall, any conditions or combinations of conditions which are subject to objection under any other enactment be accepted as adequate.
(h) Safety colored glasses shall be provided to the workers opera*ting on welding plants.
6. An employee desiring to obtain annual leave shall apply well in time to the employer who shall issue order on the application in accordance with his entitlement and shall convey such order in writing to him at least two days prior to the commencement of such leave.
7. Casual leave.‑--Ordinarily the prior sanction of the employer shall be obtained on an application for casual leave before such leave is availed of by an employee, but where the circumstances are such that it is not possible for the employee to obtain such prior sanction, he shall inform his employer as soon as may be practicable about the fact of his absence and probable duration of casual leave which shall in no case exceed three days at a time.
8. Records and Registers. ---Every employer shall for the purposes of the Ordinance maintain the following records and registers:---
(a) Register of employment and remuneration in Form IV.
(b) Register of leave in Form V.
(c) Inspection Book in Form VI (for establishments excluding shops).
9. Display of notice.‑---Every employer of an establishment registered under section 24 shall, for the purpose of the Ordinance, display the fol*lowing information in a conspicuous place near the main entrance ‑of his establishment painted on a wooden or metalic board and shall send a copy thereof to the Chief Inspector, Deputy Chief Inspector and Inspector of the area concerned:---
(a) Day of payment of wages.
(b) List of festival holidays to be observed in the establishment.
10. Production of record for inspection.---The employer shall be responsible foe the proper maintenance of all Registers and records prescribed under these rules and shall produce or cause to be ,produced the same for inspection when so desired by the Inspector or any other Officer having authority under these rules.
11. Penalties.‑---Whosoever commits breach of any of these rules shall, on conviction, be punishable with fine which may extend to fifty rupees and where the breach is a continuing one with a further fine which may extend to ten rupees for every day during which the breach continues.
12. Duties of Inspectors and other officers.‑---(1) For ensuring due observance of the provisions of the Ordinance thereunder, the Inspector shall inspect the shops and other establishments within the area of his jurisdiction and the Registers and other records required to be maintained by them, and may call for such other information from the employer or any such shop or establishment, he may deem necessary.
(2) Every Inspector shall submit a daily report to the Deputy Chief Inspector of his area in duplicate showing the names and particulars of the establishments inspected, irregularities detected, the action proposed to be taken and such other information or particulars as may be directed by the Chief Inspector from time to time.
(3) The Deputy Chief Inspector shall forward the duplicate copy of the Inspector’s report, along with his observations, if any, to the Chief Inspector for his information:---
FORM I [See Rule 3]
Intimation of closed day
To

The Deputy Chief Inspector of Shops
and Establishments

Name of Establishment .............…………………………………………….
Address ............................... ………………………………………………
Registration Certificate No ........................................ ………………………
Intimation is hereby given that with effect from. ……………… the establishment shall observe Friday/Sunday as the closed day.

Date ………………

Signature of the Employer/Employers
‑‑‑ o ‑‑
FORM II [See Rule 3]
Notice of closed day

Closed day to be FRIDAY/SUNDAY (Block letters):---
observed.

1 Name and address of the
Establishment ………………………………………………………………
2 Registration No . ……………………… Date of Registration............... ………
Date of renewal ………………………:
3 Name of employer/employers. ………………………………………………
4 No. of employees.....................

Signature of employer

FORM III [See Rule 4 (1)]
Application for the change of weekly close‑day

To,

The Deputy Chief Inspector of
Shops and Establishments.
……………… Region
Sir,

I/We the Occupier/Occupiers/Owner/Owners/Employer/Employers of the establishment ……………………… desire to change the close day of my/our establishment from ……………… to ……………… with effect from ………………

It is, therefore, requested that necessary approval may please be accorded.
Signature of occupier/owner/Employer
FORM IV
(See Rule 8)
Register for the Employment and Remuneration
Year........ ........ ........ ........ ................. Month........ ........ ........ ........ ........ .....

Name of establishment...........................

Name of Employee with father’s name........ Registration .......................................

........................................................... Age........ ........ ........ ........ ........ ........

Nature of work………………………. Rate of wages....................................

Nature of employment whether daily /fort- Date of employment …………………
Nightly/monthly rates………………….

Wage period………………………….
Hours of work
Interval for rest and meals
Hours worked with the employment
Overtime
Remuneration Due
Advance
Paid
Balance
Account paid
Date of payment
Sig of Employee
Date
From
To
From
To
Hours
Wages earned
Basic salary wage
Overtime
O.A if any
Total
Date
Amount
Total




From
To










































FORM V
[See Rule 8]
Register for Leave

Name of establishment ……………………….. Registration No…………………..

Name of Employee with present age ....……….. Date of Wages....………………..

Nature of work ………………………………. Date of Employment....…………..
Annual Leave
Casual Leave
Sick Leave
Date of application
Date of Sanction
Leave applied
Balance
Leave accumulated
Amount paid in lieu of leave
Date of application
Date of sanction
Leave sanctioned
Balance
Date of application
Date of sanction
Leave sanction
Balance
Leave accumulated
Sig, or thumb imp of emp
Remerks
From
To
From
To
From
To




















FORM VI [see Rule 8]
INSPECTION BOOK [For Establishments excluding Shops]
NAME OF ESTABLISHMENT

Date of Inspection
Name and designation
of Inspecting Officer
Irregularities
Noticed


Signature of the Inspecting officer



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