Section 2 — Definitions.

2. Definitions.- (1) In this Act, unless the context otherwise require:- 

(i)  “closed” means not open for the service of any customer 

or for any other purpose whatsoever relating to business; 

(ii)  “close-day” means the day of the week on which a shop 

or commercial establishment remains closed; 

(iii)  “closing-hour” means the hour at which a shop or 

commercial establishment closes; 

(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 or produce exchange is carried on 

or which is used as hotel, restaurant, boarding or eating 

house, theatre, cinema or other place of public enter-

tainment or any other place which the Government may 

declare, by notification, to be a commercial establishment 

for the purposes of this Act; 

(v)  “day” means a period of twenty-four hours beginning at 

midnight: 

Provided that in the case of any employee whose 

hours of work extend beyond midnight, “day” means the 

period of twenty-four hours beginning from the time 

when such employment commences; 

(vi)  “employee” means any person employed, whether 

directly or otherwise, about the business of an 

establishment for the owner or occupier thereof even 

though he receives no reward for his labour and includes, 

for the purpose of any matter regulated by this Act, a 

person discharged or dismissed whose claims have not 

been settled in accordance with this Act, and persons 

employed in any factory but not governed by the 

Factories Act, 1948 (Central Act, 63 of 1948); 

                                                 
1. Substituted for “Union territory” by A.O. 1973, effective from 25

th
 January, 1971. 



4  THE HIMACHAL PRADESH SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 

1969 

(vii)  “employer” means 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 (Central Act: 63 of 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 the Government may, 

by notification, declare to be a festival for the purposes of 

this Act; 

(xii)  
1
[XXXXXXXXXXXXXXXXXXXXX] 

(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 allowed for rest 

and meals; 

(xiv)  “inspector” means an inspector appointed under this Act;  

(xv)  “leave” means leave as provided for in section 14; 

(xvi)  “manager” in relation to an establishment where five or 

more persons are employed or 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 twelve consecutive hours 

which shall include the interval between 8 P.M. to 6 

A.M.; 

(xviii)  “notification” means a notification published under 

proper authority in the Official Gazette; 

(xix)  “Official Gazette” means Rajpatra, Himachal Pradesh; 

(xx)  “opened” means opened for the service of any customer 

or for any business connected with the establishment; 

                                                 
1. The definition of ‘Government’ omitted by A.O. 1973, effective from 25

th
 January, 

1971. 



THE HIMACHAL PRADESH SHOPS AND COMMERCIAL ESTABLISHMENTS  5 

ACT, 1969  

(xxi)  “opening hour” means the hour at which an establishment 

opens;  

(xxii)  “prescribed” means prescribed by rules made under this 

Act;  

(xxiii)  “quarter” means a period of three months commencing on 

the first day of January, first day of April, first day of July 

or first day of October, every year; 

(xxiv)  “retail trade or business” includes the business of a barber 

or hair dresser, the sale of refreshments or intoxicating 

liquors, and retail sales by auction; 

(xxv)  “register of establishments” means a register maintained 

for the registration of establishments under this Act; 

(xxvi)  “registration certificate” means a certificate showing the 

registration of an establishment; 

(xxvii)  “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 warehouses, 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 No. 63 of 

1948); 

(xxviii)  “spread-over” means the period between the 

commencement and the termination of work of an 

employee on any day; 

(xxix)  “wages” shall have the meaning assigned to it in the 

Payment of Wages Act, 1936 (Central Act No. 4 of 

1936); 

(xxx)  “wage period” means the period after which the wages of 

an employed person shall be paid; 

(xxxi)  “week” means the period between midnight on Saturday 

and  midnight on the following Saturday; 

(xxxii)  “young person” means a person who has attained the age 

of fourteen years but has not attained the age of eighteen 

years; and 

1
[(xxxiii)  “year” means any year reckoned according to British 

Calendar.]  

                                                 
1. Substituted vide H.P. Act No. 15 of 2004. 



6  THE HIMACHAL PRADESH SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 

1969 

(2) For the purposes of this Act, any employment in the service of the 

employer of an establishment 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.