(1) This Regulation may be called the Andaman and Nicobar Islands Shops ~ Short titie, and Establishments Reguiation, 2004. extent and commencément
(2) Itextends to the whole nl the L‘nmn exritory of the Andaman and h\cobar ‘Islands:
Definitions.
\#.7 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART fI—
(3) 1t shall come into force on such date as the Administrator may, by notification, appoint; and different dates may be appointed for different provisions of this Regulation and for different areas and any reference in any such provision to the commencement of this Regulation shall be construed as a reference to the coming into force of that provision.
2. In this Regulation, unless the context otherwise requires,—
(1) “Administrator” means the Administrator of the Union territory of the Andaman and Nicobar Islands, appointed by the President under article 239 of the Constitution;
(2) “adult” means a person who has completed his eighteenth year of age;
(3) “apprentice” means a person who is employed on payment of wages or otherwise for the purpose of being trained in any trade, craft or employment in any establishment;
(4) “child” means a person who has not complcted his fourteenth year of age;
(5) “closed” means not open, for the service of any customer, or for any other purpose whatsoever, relating to a business;
(6) “commercial establishment” means any establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes—
(a) a society registered under the Societies Registration Act, 1860 and a charitable or other trust, whether registered or not, which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession;
(b) an establishment which carries on the business of advertising or commission agency or forwarding and commercial agency, or which is a clerical department of a factory or of any industrial or commercial undertaking;
(c) an insurance company, a joint stock company or bank or broker’s office and an exchange; and .
(d) any other establishment which the Administrator may, after taking into consideration the nature of its work, by notification, declare to be a commercial establishment, .
but does not include a shop or a factory registered under the Factories Act, 1948 ora residential hotel, restaurant, eating house, theatre or other place of public amusement ‘or entertainment in respect of which the Factories Act, 1948 or the Plantations Labour Act, 1951 or the Mines Act, 1952 or the Cinematograph Act, 1952 is applicable;
(7) “day™ means a 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;
(8) “employee” means a person wholly or periodically employed, whether directly or otherwise, in or in connection with, any establishment and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis) or other consideration or for no reward for his labour and includes an apprentice, any clerical or othei member of the staff of a factory or'industrial establishment which falls outside the scope of the Factories Act, 1948, but does not irjclude a member of the eniployer’s family, and “employed” shall be construed accordingly;
(9) “etployer” means a person owning or having charge of, or ultimate control over, the affairs of an estat-lishizent and includes members of the family of an employer, 21 of 1860.
63 of 1948.
69 of 1951 35 of 1952 37 of 1952 63 0f 1948 » 63 of 1948 Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 “ workhouse, sale depot and workplace, whether in the same premises or clsewh amanager, agent or other person acting on behalf of such person, manager or agent in ‘the general management, supervision or control of such establishment;
(10) “establishment” means a shop, commercial establishment, residential Ho{el, lodging house, restaurant, eating house, theatre or other place of public amusement or entertainment to which this Regulation applies and includes such other establishment as the Administrator may, by notification, declare to be an establishment for the purpose of this Regulation;
(/1) *family”, inrelation to an employer, means the husband or wife, son, daughter, father, mother, brother or sister or grandson or grand-daughter of the employer who lives with, and is wholly dependent on, such employer;
(12) “holiday” means a day on which an establishment shall remain closed or on which an employee shall be given a holiday under the provisions of this Regulation;
(13) “Inspector” means an Inspector appointed under section 22;
(14) “leave™ means leave as provided for in Chapter I1V;
(15) “night” means a period of at least twelve consecutive hours which shail include the interval between 8 O’clock in the evening and 6 O’clock in the morning of the next succeeding day;
(16) “notification” means a notification published in the Andaman and Nicobar Gazette;
(17) “opened” means opened for the service of a customer or for any business connected with the establishment;
(18) “period of work” means the time during which an employee is at the disposal of the employer;
(19) “prescribed” means prescribed by rules made under this Regulation;
(20) “prescribed authority” means the officer appointed, by the Administrator, as a prescribed authority to exercise the powers and perform the functions of the prescribed authority under this Regulation under sub-section (/) of section 17;
(21) “register of establishment” means a register maintained for the registration of establishments under the rules made under this Regulation;
(22) “registration certificate” means a registration certificate issued under subsection (4) of section 4;
(23) “residential hotel” means any premises in which business is carried on for the supply of dwelling accommodation and meals on payment of a sum of money by a traveller or any other person or class of persons and includes a club;
(24) “restaurant” or “‘cating house” means any premises in which the business is carried on wholly or periodicaily of the supply of meals or refreshments to the public or class of public for consumption on the premises of the'restaurants and includes a halwai’s shop; but does not include a restaurant attached to a theatre or a restaurant or a canteen attached to a factory if the persons employed thercin are allowed the benefits provided to workers under the Factories Act, 1948;
(25) “shop” means any premises, used-wholly or in part for the szle of goods, either for cash or on credit by retail or wholesale, or both, .or, where services are rendered to customers. and includes an office, store room, godown, warehouse, used in-connection with such sale or services, but does not include a factory, commercial establishment; residential hotel, restaurant, -eating house, theatre or other place of public amusement or entertainment ora siop attached to.a factory where the persons Exemptions.
e THE GAZETTE OF INDIA EXTRAORDINARY (ParT 11— employed in the shop are allowed the benefits provided for workers under the provisions of the Factories Act, 1948;
(26) “spread over” means the period between the commencement.and the termination of the work of an employee on any day;
(27)“theatre” includes any premises intended wholly or partly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for dramatic performance, or for any other public amusement or ‘entertainment; :
' (28) “wages” shall have the meaning assigned to it in the Payment of Wages Act, 1936; :
(29) “week” means a period of consecutive seven days beginning atmidnight of * Saturday or on such other day as may be approved in writing for a particular area by the prescribed authority;
(30) “year” means a period of twelve consecutive months commencing on and from the Ist day of January;
(31) “young person” means a person who has completed his fourteenth year, but has not completed his eighteenth year, of age.
3. (/) Nothing in this Regulation shall apply to—
(a) offices of, or under, the Central Government or the State Government or the Union territory or any local authority, except a commercial undertaking;
(b) any Government owned postal, telegraph or telephone services, any system of public conservancy or sanitation or any industry, business or undertaking which supplies power, light or water to the public;
(¢) establishments for the treatment or care of the sick, infirm, destitute or mentally unfit;
(d) offices of legal practitioners and medical practitioners in which not more than three persons are employed;
(e) any person employed in the office of, or in the business of, any establishment smentioned in clauses (a) to (d);
(f) persons holding any office management in any establishment;
(g) persons whose work is inherently intermittent such as temporarily engaged drivers, caretakers, watch and ward staff or canvassers; and
(h) persons directly engaged in preparatory or supplementary work, such as clearing and forwarding clerks responsible for the dispatch of goods.
(2) Nothing contained in section 11 or sub-section (/) of section 12 shall apply to (@) shops dealing with medicines or medical or surgical requisites or appliances;
(h)-residential hotels, boarding houses or hostels, attached to schools, colleges or other educational or technical institutions and establishments maintained in connection with the boarding and lodging of pupils and resident masters;
(c) tea stalls and refreshment rooms at bus stands, ports or aerodromes;
(d) shops of barbers and hairdressers;
(e) shops dealing in meat, fish, pouluy, eggs, dairy produce (except ghee).
-bread, confectionery, sweets, chocolates, ice. ice-cream, cooked food, fruits, flowers.
vegetables or green fodder; .
63 of 1948 4 of 1936 fi - 3 63 of 1948, Sec. 1] THE GAZI ETTE OF INDIA EXTRAORDINARY 5
(f) shops dealing in articles required for funeral, burial or cremation;
(g) shops dealing in pan (betal leaf), beedis or cigarettes or liquid refreshments sold in retail for consumption on the premises;
(h) shops dealing in newspapers or periodicals, editing sections of newspapers’ offices and offices of news agencies:
(i) theatres and other places of public entertainments and stalls and refreshment rooms attached to such theatres and places of public entertainment;
(7) establishments for the retail sale of petrol;
(k) shops in regimental institutes, garrison.shops and military canteens in cantonments;
(/) tanneries;
(m) retail trade carried on at an exhibition or show, if such retail trade is subsidiary or ancillary only to main purpose of the exhibition of show;
(n) oil mills and flour mills not registered under the Factories Act, 1948;
(o) brick and lime kilns; and
(p) commercial establishments engaged in the manufacture of bronze and brass utensils so far as it is confined to the process of melting in furnaces.
(3) Notwithstanding anything contained in sub-section (/) or sub-section (2), the Administrator may, by notification, declare that any establishment or person specified in such notification shall not be exempted from the operation of such provisions of this Regulation as may be specified therein.
(4) Notwithstanding anything contained in this Regulation, the Administrator may, by notification, exempt any shop or commercial establishment or hotel or restaurant or place of public amusement from all or any of the provisions of this Regulation as he deems expedient or necessary to do so in the interest of the workers. ’
(5) On an application made in this behalf by the employer of an establishment, the Administrator may, by notification, exempt, the establishment where the nature of work is —
(a) intermittent; or
(b) seasonal; or () for.a short duration, not excecding two months and where the Inspector certifies that it may be difficult to enforce the provisions of this Regulation, from all or any of the provisions of this Regulation, subject to such conditions as may be specified in the notification.
CHAPTER 1i REGISTRATION OF ESTABLISHMENTS
4. (J) The Admiuistrator shall, by notification, appoint one or more Assistant Labour Commissioners to be the Registering Officers (hereafter in this Regulation referred to as the Registering Officers) for the purposes of registering the establishments and define their local limits of jurisdiction in that notification
(2) The employer of an.establishment shall, within the pe’nod specified in sub-section (6), apply in the prescribed form to the Registering Officer for registration of the establishment logct‘hér witin such fees not exceeding the amount specified in column (3) of the Schedule whicli . e Administrator may, from tithe to time, by order, determine Registration of establishment Changes to be intimated to the Registering Officer.
Ciosing of establishment w be intimated Lo the R of!
istering er 6 THE GAZETTE OF INDIA EXTRAORDINARY . [PART [1—
(3) Every application for regis:ration under sub-section (2) shall contain-—
(a) the name of the estab ishment;
(b) the name of the empioyer of the establishment and the manager thereof, if any; .
(c) the pastal address of the establishment;
(d) the category of the «stablishment, that is to say, whether it is a shop or a commercial establishment or a1y other category of establishment; )
(e) the number of emplo /ees working in the establishment; and (/) such other particular: as may be prescribed.
(4) On receipt of the applicaiion and the requisite fees under sub-section (/), the Registering Officer shall, on being :atisfied about correctness of the particulars contained therein, register the establishment znd make the entries in the register of establishment in such manner as may be prescribec, and shall issue, in a prescribed form, 4 registration certificate to the employer.
(5) Every employer shall disy lay the registration certificate issued under sub-section
(4) in a conspicuous place in the es:ablishment.
(6) Within thirty days from ti-e date,—
(a) in the case of an zstablishment existing at the commencement of this Regulation, on which this Rezulation comes into force;
(b) in the case of an est iblishment established on or after the commencement of this Regulation, on which th ; establishment is established, the employer of the establishment shall apply under sub-section (2).
(7) The registration certifica e issued under sub-section (4) shall be valid for a period of one year from the date on whic': it is issued or renewed and the employer to whom such certificate is issued may, within th rty days immediately before the expiry of the validity of such certificate, apply to the Regi-tering Officer in the prescribed form together with such fees not exceeding the amount spec fied in column (4) of the Schedule which the Administrator may, from time to time, by order, d ‘termine and the Registering Officer shall, on receipt of the application and the requisite fees, : znew the registration certificate for a further period of one year at atime and for such purpos: he shall record such renewal on the back of the certificate under his hand and seal.
5. (/) 1t shall be the duty : f an employer to intimate the Registering Officer, on a prescribed form, any change in re ipect of any particulars furnished under sub-section’(3) of section 4, within fifteen days aft: - the change has taken place.
(2) The Registering Office: shall, on receipt of such intimation and on being satisfied regarding its correctness, make 1 :cessary changes in the register of establishment and shall amend the registration certificat: or issue a fresh registration certificate instead thereof, if necessary.
6. (/) Anemployer of ap ¢ stablishment shall, within fifteen days of the closing of the establishment, intimate the Regi. teving Officer ir: writing about the date of such closing with reéasons thereof, and return th regisiration certificate issued under sub-section (4) of section 4, Tegarding the =stabli hment to the Registering Officer.
{2) the Registering Offic 2r shall, on receiving the intimation under sub-section_ (/3 and on being satisfied about th . correctness thereof, remove such establishment from'the register of establishment and :ancel the registration certificate issued regarding such S S — ‘ v « r « u & M W W M W M A o 4 H ¥ ] Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(3) Where the Registering Officer does not receive intimation under sub-section (7) of section 5 or under sub-section (), but is otherwise satisfied that there is change in respect of any particulars furnished under sub-section (3) of section 4 regarding an establishment, or the establishment has been closed, he may, after giving a reasonable opportunity of making a representation by the employer of the establishment, remove the establishment from the register of establishment and cancel the registration certificate issued in respect of the establishment.
CHAPTER IlI HOURS OF WORK.