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A circular issued by the Office of Labour Commissioner reads, “in terms of Section-13 of the Jammu and Kashmir Shops & Establishment Act, 1966, every Shop or Commercial Establishment of the UT of Jammu and Kashmir, registered under the Act, shall remain entirely closed on one day of the week to observe the mandatory Close Day”.
It adds that it has come to the notice of this department that most of the Shops or Commercial Establishment owners do not close their shops or establishments on their designated ‘Close Days’, thereby violating the provisions of J&K Shops & Establishment Act, 1966.
The circular further reads that Section-13 of the Act also provides that it shall not be lawful for an employer to call an employee at his shop or commercial establishment or any other place for any work in connection with the business of his shop or commercial establishment on a day on which such shop or commercial establishment remains closed and no employer shall make any deduction from the wages of any employee in a shop or commercial establishment on account of Close Day.
“Therefore, in order to ensure strict compliance of Section-13 of the J&K Shops and Establishment Act, 1966 i.e. observance of mandatory “Close Day” by the Shops and Establishments of every district of UT of Jammu and Kashmir, it is hereby impressed upon all the owners of Shops/Establishments in every district of UT of Jammu and Kashmir to observe the mandatory “Close Day”, as designated under the Act, in their respective Shops/Establishments”, circular also reads.
It also adds that all the Assistant Labour Commissioners (ALCs) of the UT of Jammu and Kashmir are hereby instructed to ensure the strict implementation of the Section-13 of the Act in their respective districts and in case any Shop or Establishment is found, violating the said provision or not complying with the above instructions, the appropriate legal action under Section-38 of the Act shall be initiated against the violator.
The circular also directs the Assistant Labour Commissioners to take necessary steps to monitor the compliance of the ‘Close Day’ by the Shops or commercial Establishments in their respective districts and submit the action taken report to the office of Labour Commissioner by or before 3rd of every month.
