Amendment status not verified — confirm the current text below against the official source.
Opening and closing hours - Government shall by notification fix the opening and closing hours of all classes of establishment and different opening and closing hours may be fixed for different classes of establishment and for different areas; Provided that Government may allow an establishment attached to a factory to observe such opening and closing hours as the Government may direct. 17 THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1958 Right to carry on one's trade or business restriction placed on such right by the said Act are reasonable: The Punjab Shops and Commercial Establishment Act, 1958 comes in conflict with the fundamental right of a citizen to carry on his trade business or profession un- hampered. However, this right is subject to reasonable restriction that may be placed and the Act in question is certainly a piece of legislation which puts reasonable restriction on the individual's right to carry on trade, business or profession unhampered. [Ram Chander Baru Ram Vs. State of Punjab 1963 AIR (Pb.) 148 (F.B.)]. The Hon'ble Supreme Court of India in case of Ram Dhan Dass Vs. State of Punjab has observed that the preamble of the Act show that the statute was enacted to provide for the regulation of the conditions of work and employment in shops and commercial establishments. It was held that providing 48 hours of work in a week or a provision for opening and closing hours is not unreasonable and the restriction not unreasonable and the restriction imposed were necessary to relieve physical overstrain on the workers and afford better conditions or work ensuring a reasonable amount of leisure to workers. [Ram Dhan Dass Vs. State of Punjab 1961 FLR 836 (S.C.)]. More over these provisions would be valid even if the employer himself carries on the business without engaging any body. [Manohar Lal Vs. State of Punjab 1961 PLR 660 (Pb.)]. Note :