ASSAM ACT XXI OF 1974 __, - (Received the assent of the President on the 12th August, 1974) THE ASS~M SHOPS AND ESTABLISHMENTS ACT, 1~71 [Published in the Assam Gazette, Extraordinary dated the 4th Sept. 1974] An Act to consolidate and amend the law relating to the regulations of ,,_ conditions of work and employment in shops and commer cial establishments and establishments for public entertainment or amusement in the State of Assam.
Preamble. Whereas it is expedient to consolidate and amend the law relating to the regulation of con dition of work and · employment in shops and commercial establishments and establishments for public entertainment or amusement in the State of Assam.
It is hereby enacted in the Twenty-second Year of the Republic of India a, £,lUows :- Short title 1. (1) This Act may be called the Assam Shops extent and commence· and Establishments Act, 1971.
ment.
(2) It extends to the State of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
(4) It shall apply, in the first instance, to the Municipalities as declared or constituted under the provision of the Assam Municio:il Act, 1956 and to all such area3 and to all shops, Assam Act commercial establishments and establishments XV of 1957 for public entertainment or amusement to which the Assam Shops and Establishments Act. 1948 Assam Act applied immediately before the commencement fiJ:. of of this Act and thereafter it shall apply j;o such other areas, or to such shops, commercial esta blishments or establishments for public entertainment or amusement in such other areas on such date or dates as the State Government may, by notification, specify.
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CHAPTER I PRELIMINARY Definition. 2. In this Act, unless there is anything repugnant in the subject or context:-
(1) "apprentice" means a person aged not less than twelve years whom an employer em ploys in his servi.ce for training by himself or by any other person for any trade or calling :
(2) "child" means a person who has not comple_ted his fourteenth year ;
(3) "closed" means not open for the ser vice of any customer or to any business connec t ed with the establishment ;
(4) "commercial establishment" means an establishment in which there is conducted the business of advertising, commission, forwarding or commercial agency, a dt:partment of a factory in which persons are employed in a clerical capacity in any room or place where no manufacturing process is being carried on, a clerical department of any industrial or commercial undertaking including one of public transport, an insurance company , joint stock company, brokers' office or exchange, or such other establishment or class thereof as the Stat e Government may, by noti fication, declare to be a commercial establish men t for the purposes of all or any of the provision of this Act, but does not include a shop or an establishment for public entertain ment or amusement ;
(5) "day" means the period of twenty-four hours beginning at midnight :
Provided that in the case of an em ployee whose hour of work extend beyond mid night, day means the period of twenty-four hours begi.nning when such employment commences ;
(6) "employee" means a person wholly or nrincipallv employed in and in connect ion with any establishment and includes and apprenti.ce ;
(1) "employer" means a penon ownin~ or having ultimate control over the affairs of an establishment and includes the man:i.ger . a~ent or other person acting in the gener al m anage ment;
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(8) "establishment" means a shop or a commercial establishment or an establishment for public entertainment or amusement ;
(9) "establishmen~ for public entertain ment or amusement" means a restaurant, eating house, cafe, cinema, theatre and such other establishment or class thereof as the State Government may by notification, declare to be, for the purposes of this Act, an establishment for public entertainment or amusement, but does not include a shop or a commercial e:stablish ment;
(10) "factory" means a factory as defined Central Ac 1 in or d.eclared to be a factory under the Factories No 4 .
8 63 of Act, 1948 ; 19 •
(11) "half day" means a period of six consecutive hours between the hours of half past seven O'clock ante-meridiem and seven O'clock post-meridiem ;
(12) "Inspector" means an inspector ap pointed under this Act ;
(13) "leave" means leave provided for in Chapter III of this Act ;
(14) "notification means a notification published i.n the official Gazette ;
(15) "opened" means opened for the ser vice of any customer or to any business connec ted with the establishment;
(16) "period of work" means the time during which an employee is at the disposal of the employer ;
(1 7) "prescribed" means prescribed by rules made under this Act ;
(18) "prescribed authority" mean::; the authority prescribed by rules made under this Act;
(19) "shop" means any premises where any trade or business is carried on or where services are rendered to customers, and includes office, store rooms, godown or wa.rehouse whe ther in the same premises or otherwise used in 4 connection with such trade or businf'ss but doe5 ...... ~- not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits Central Act provided for workers under the F~ctories A:ct, ~~8 63 of 1948 or an establishment for public entertam- · ment or amusement ;
(20) "spread over" means the period bet ween the commencement and the termination of the work of an employee on any day;
(21) "wages" means pay at whatever in tervals paid and includes dearness and such other allowances payable in terms of money and in cludes the value of lodging and such other amenities whose value is capable of being com puted in terms of money ;
(22) "week" means the period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the prescribed authority ;
(23) "year" means a year commencing on the first day of January.
Exemptions. 3. (1) Nothing contained in this Act shall apply to:-
(a) person employed in any esta blishment in a _position of management ;
(b) person whose work mainly in volves travelling, and persons employed as can vassers and care-takers and whose mi.mes do not appear in the muster rolls ;
(c) establishments under the Central or any State Government, local authorities, the Reserve Bank of India or any other Bank, any Railway administration and cantonment autho rities ;
(d) any water transport service, or motor service. or any system of public conser vancy or s:mltation, any industry, business or undertaking which supply power. light or water to the publjc and such other pubEc: utility com oan;es or as~o<:iations or classes thereof as the State Government mav. by notification, exempt ~ .. om the operation of this Act ;
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(e) clubs, residenti al hotels and boar ding houses ;
(f) stalls and refreshment rooms at railway station, docks, wharves and airports ;
(g) establishments for the treatment or care of the sick, infirm, destitute or mentally unfit :
(h) shops or classes of shops dealing mainly in vegetables, meat, fish , dairy products, bread, pastries, sweetmeat and flowers so far as the retail sales of these articles are concerned ;
(i) pharmacies or shops dealing mainly in medicines, surgical appliances. bandages or other medical requisites so far as sales of those articles are concerned ;
(j) shops dealing in articles required for funerals , burials or cremations so far as the sales of those articles are concerned ;
(k) shops dealing in tobacco, cigars, cheroots, cigarettes, biri.s, pan, liquid refresh ment sold in retail for consumption on the pre mises, ice. newspaper or periodica ls so far as the sales of these articles are concerned ;
(1) shops dealing in supplies, stores, or other articles necessary for shops so far as sales of these articles are concerned ;
(m) shops or stalls in any public exhibition or show so far as such shops or stalls deal in retail trade which is solely subsidiary or ancillary to the main purposes of such exhibition or show;
(n) shops or stall in any public fai.r or bazar held for charitable purposes;
(o) barber's and hairdresser's shops;
(p) shops dealing in petroleum pro ducts or spare parts for motor vehicles or cycles ;
(q) excise shops;
(r) establishments in mine and oilfield :
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(s) any person employed in a confi dential capacity, messenger, watchman or exclu sively in connection with the collection, despatch, delivery and conveyance or customs formalities of goods or such other persons or classes of per sons as the State Government may, by notifica tion, exempt from the operation of all or any of the provisions of this Act ;
(t) such seasonal commercial esta blishments engaged in the purchase of raw jute or cotton ginning or cotton or jute pressing and the clerical department of such seasonal factori.es and such other establishments as the State Go vernment may, by notification, exempt from the opera-I.ion of all or any of the provisions of this Act.
Power of 4. Notwithstanding anything contained in Government S . 3 h S G b L"fi to apply the ect10n , t e tate overnment may y nOLl - Act to ex- cation in the official Gazette apply all or any of ~~ted the provisions of this Act to any class of persons estab~~h~r or establishment mentioned in that Section other ment. than those mentioned in clause (c) of sub-section
(1) and modify or cancel any such notification.
Exemptions. 5. The State Government may, if they are Daily and Weekly hours.
satisfied that public interest so requires or that the circumstances of the case qre such that it would be just and proper to do so having regard to the nature and capacity of the esta· blishment, by notification in the official Gazette, exempt either permanently or for any specified period, any establishment or classes of establish ments in any area or persons or classes of per sons to which or to whom this Act applies, from all or any of its provisions subject to such res trictions and condi.tions as the State Govern ment may deem fit.
CHAPTER II HOURS OF WORK
6. No employee in any establishment shall be requir:d or allowed to work for more than eight hours m any day and forty-eight hours in any week:
Provided that the total number of hours of work including overtime, shall not exceed ten hours in any day except on days of stock taking and preparation of accounts and the total num ber of hours of overtime shall not exced fifty for any quarter.
Extra w11:ge1 7. Where an employee works in any establish forover bm•·ment for more than eight hours in any day or for more than forty-eight hours in any week. he shall in respect of such overtime work, be enti tled to wages at the rate of twice the ordinary rate of wages.
Explanation For the purpose of this Section "ordinary rate of wages" means the basic wages plus such allowances, including the cash equi.valent of the advantage accruing through the supply of meals and the concessional sale to employees of food grains and other articles as the employee is for the time being entitled to, but does not include bonus.
Interval foF rest.
8. The period of work of an employee in an establishment each day shall be so fixed that no period shall exceed four hours and that no such person shall work for more than four hours be fore he has had an interval for rest of at least one hour.
Sproad over 9. The periods of work of an employee in an establishment shall be so fixed that , inclusive of his interval for rest, they shall not spread over more than ten and half hours in any .day.
Op~in1 and 10. (1) No establishment shall on any day be closme opened earlier than and clo111ed later than i'Uch llours, hour as may be fixed by a general or special order of the State Government made under sub section (2) :
Provided that any cu111tomer who was being served or was waiting to be served in any establishment at the hour fixed for its closinf!
may be served cJuring the quarter of an hour immediately following such hour.
(2) T.he State Government may, by gene ral or special order, fix the time at which any establishment or class of establishments shall be opened or closed in any local area.
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11. (1) Every shop shall remain entirely closed for one day in each _week.
Closing of shops and grants of weekly holi days for re- (2) The State Government may, by noti Iigious pur- fication require that in addition to one day poaes. referred to in sub-section (1), every shop or any specified class of shops shall remain closed bet ween such hours in the afternoon of such days in each week, as may be specified in the noti.fi cation:
Provided that, when there are conducted in a shop two or more trades or business, any of which is of such character that, if it was the sole trade or business therein conducted, the provisions of this Act would not apply to that shop, such shop shall so far as the conduct of the trade or business is concerned, be exempt from the operation of sub-section (1):
Provided further that, when in any O§ta blishment for which the provision of this Act applies two or more trades or business are con ducted, one or more of which are usually con ducted in a shop while the others are usually conducted in a commercial establishment, the pr ovision of this Section shall not apply to the establishments so far as the conduct of the trades or business usually conducted in a commercial establishment arc concerned.
(3) No deduction on account of any closer of a shop under the provisions of sub-section (1) or sub-section (2) shaJl be made from the wages of any employee of such shop.
(4) The day on which sh op shall be closed in each week under the provisions of sub-section
(1) shall be such day as may be specified by the employer in a notice, which shall be displayed in a conspicuous place in the shop :
Provided that no employer shall, more oft en than once in every three months, aJter the day so specified.
(5) Every person employed in a commer cial establishment shall be allowed as holidavs at least one and a half day in each week : •
Provided that, when there are conducted in a commercial establishment two or more t r ades or business, any of which is of such a character that , if it was the sole trade or business ..
- 9 therein -conducted, the prov1s1ons of this Act would not apply to that commercial establish ment, such commercial establishment shall, so far as the conduct of the trade or business i.s concerned be exempt from the operation of this 1ub-section.
(6) No deduction on account of any holi day allowed under the provisions of sub-section
(5) shall be made from the wages of any person employed in such commercial establishment.
(7) Notwithstanding anything contained in the Weekly Holidays Act, 1942, every person employed in an establishment for public enter tainmentor amusement shall be allowed as holi days at least one and a half day in each week:
Provided that, when there are conducted in an establishment for public entertainment or amusement two or more trade or business. any of which i.s of such a character that, if it was the sole trade or business therein conducted, the pro visions of this Act would not apply to that esta blishment, such establishment shall so far as the conduct of that trade or business is concerned, be exempt from the operation of this sub-section.
(8) No deduction on account of any holi day allowed under the provisions of sub-section
(7) shall be made from the wages of any person employed in such establishment for public entertainment or amusement.
(9) Every person employed in a shop, com mercial establishment for public entertainment or amusement shall be entitled to leave of absence for any days, he may select, not excee ding three in number in any one year for the purpose of attending ceremonies or performing functions or duties connected with or enjoined by his religion.
CHAPTER III LEAVE App llcadon 12. The provisiol'ls of this Chapter shall not ofcbapter. operate to the prejudice of any right to whic-h an employee be entitled under any other law or under the term of any award, agreement or ('Ontr&ct of service :
• Act XVIII of 1942.
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Provided that where such award, agree ment or contract of service provides for a longer leave with wages or weekly holidays than provi- • ded in this chapte'r, the employee shall be 1:ntitled to such longer leave or ~eekly holidays aa the case may be.
Explanation :
For the purpose of this chapter, leave shall not, except as provided in Section 13, in ch~de. weekly holidays or holidays for festi.vals or other similar occasion!!.
!t'tia•l leav 13. (1) Every employee · in an establishment w•IM· shall be entitled after twelve months' eout;nuoua service in that establishment to privileg~ leave with wages for a period of 16 day.;') in the subse quent period of twelve months, _provided that such privilege leave with wages may be accu mulated upto maximum period of 30 days.
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(2) Every employee in an establishment shall also be entitled during every twelve months of continuous service to medical leave w:th wages for a period not exceeding twelve days on the ground of any sickness incurred or accident sustained by him and to casual leave with wages for a period not exceeding twelve days on any reasonable grQund.
(3) If an employee enti.tled to any leave under sub-section (1) is discharged by his em ployer before he has been allowed the leave, or if having applied for and been refused the leave, he quits his employment before he hus been allowed the leave, the employer !th.all pay him the amount payable under this Act in rl!!!pect of the lf'ave
(4) J£ an employee entitled to any luve u11der sub-section (2) is -discharged by hi~ em ployer when he is sick or suffering from the result of an accident , the employer ~hall pay him the amount oavable under thi,s Act in respect of the period of the leave to which he is entitled 11.t the time ':l·f his discharge, in addi.tion tr-, the amount. if any. payable to him under sub-section
(3).
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(5) An employee shall be deemed to have completed a period of twelve months' contLnuous service within the meaning of this section, not withstanding any interruption in service during those twelve months brought about (a) by ~ic kness, accident, or authorised leave (including authorised holidays and weekly holidays), not exceeding ninety days in the aggreagate for all three; or (b) by a lock-out; or (c) by a strike which is not an illegal strike : or (d) by inter mittent periods of involuntary unemployment not exceeding thirty days in the aggreagate. and authorised leave shall be deemed not to include any weekly holiday allowed under this Act which occu_rs at the beginning or end of an interruption ·brought about by the leave.
Wa~ 14. For the leave allowed to him under Section ~~::is. leave 13, an employee shall be paid at the rate equal to the daily average of his total full time earµing exclusive of any overtime earning and bonus, but inclusive of dearness allowance and the cash equivalent of any advantage accruing by the supply of meals and by the sale by the employer of food grains and other articles at concessional rates, for the days on which he worked during the month immediately preceding his leave.
rower of 15. Any Inspector may institute proceedings a~:~~- to on behalf of any employee to recover any sum ployeca. required to be paid by an employer under this chapter which the employer has not paid.
Power to ex- 16. Where the Government ar2 satisfie'1 that empt csta- the leave rules applicable to employees in an bliibmont. establishment provide · benefits which in its opinion are not less favourable than those for which this chapter makes provision.'> it may, by written order, exempt the establishment from all or any of the provisions of this chapter, subject " to such conditions as may be specified in the order.
CHAPTER IV WAGES Application 17. (1) Notwithstanding anything contained in Gen; ral Act ~~~t~irU:~- the Payment of Wages Act, 1936, referred to as 4 of l9S6.
Payment of the said Act, the 5tate Government may, by Wages Act. notification in the official Gazette, direct that, subject to the provision of sub-section (2). the al.faaoeo said . Act or ariy of the provisions thereof or of the rules made thereunder ~hall apply to all .c.>r any class of employees in esta~li~hmentli to which this Act applies.
(2) On the application oI the pr<!>visions .of the said Act to any establishment under sub section (i), the Inspector appointed under this Act shall be deemed to be the Inspector for tha purpose of the enforcement of the provisions of th~ said Act within the local limits 9f his j 1.iris diction.
18. (2) No employer shall ·dispense witk the service of an employee employed continuously for a period of not less than six months, except for a reasonable cause and without giving such employee at least one month's notice or wages in lieu of such notice, provided however that such notice shall not be necessary where the services of such empioyee are dispensed with on a charge of misconduct supported by satisfactory evidence re.corded at an inquiry held for the purpose.
(2) Any employee whose services are dis pensed with may appeal to such authority and within such time as may be prescribed either on the ground that there was no reruionable cause for dispensing with his services •.>r on the ground that he bad not been guilty of misconduct -as held by the employer.
(3) The appellate authority may, after giving notice in the prescriped manner to the employer and the employee, dismiss the appeal or direc-t the reinstatement of the employee with or without wages :for the period he was kept out of employment or direct payment of compensa tion without reinstatement or grant such other relief as i.t may deem fit in the circumstances of the case.
(4) In directing the reinstatement of an employee the appellate authority shall also direct the payment of such amount of compensa tion as may be specified by h im in case the em ployer fails to reinstate the employee in aC'cqrdanc~ With the directions. · • IP - lJ r (5) The -decisions of the appellate authority shall be final and binding on b0th the parties, not be liable to be questioned in any Court of law, and be given effect to within such time as may be specified in the order of the Prohibition . or employ.
ment of children.
appellate authority. ·
(6) Any compensation required to be paid by the employer under sub-sections (?) nnd (4·) but not paid by him shall be recoverable as arrears of land revenue under the provisions of the .Revenue Recovery A-ct, 1890 (Act 1 o..f · 1890) for the time being in force.
CHAPTER V EMPLOYMENT OF CHILDREN AND WOMEN
19. No child shall be required or allowed to work in any establishment ~<:ept as an appren tice in such employment as may be specified by the State Government.
Prohibition 20. No women or any person who has not. of employ.
mont or attained the age of seventeen shall be required women and or allowed to work whether as an employee or fo~•on:cv::otherwise in any establislunent before 6 A.M. or teen year1 after 7 P.M.
duriDJ nJaht
CHAPTER VI HEALTH AND SAFETY ~!~ti:'· 21. (1) The premises of every e.\itablishment and llahtlna.shall be kept clean and free from affluvia arbing from any drain or privy or other m.\isance and shall be cleaned at such t imes and by such methods as may be prescribed and these methods may include lime washing, colour washing, pain ting, varnishing, disinfection and deodorising.
(2) The premises of every establishment shall be ventilated and sufficiently lighted dur ing all working hours, with such standards and by such methogs as may be prescribed.
(3) If it appears to an Inspector that the premises of any establishment within his juris diction are not sufficiently kept clean or lighted or ventilated, he may serve on the employer an order in writing specifying the measures which, in his opinion, should be adopted and requiring him to be carried out befora a specified date.
• 14 Precaution 22. Every employer shall take _proper precau asainat fire. tion against fire in such manner as may be Pl'.escribed.
Appeel1. 23. Against any order of the Inspector under this chapter, an appeal shall lie to such authority and within such time as may be prescribed.
Apportion- 24. If any person, being either the owner or ment of r the occupier o! an establishment who has incurexpenses . . ; th under prece-red or is about co mcur any expenses .or e ding '"tiona.purpose of securing that the requirements of Section 21 or Section 22 are complied with respect to the establishment, aUeges that the whole or any part of the expense ought to be borne by any other person having an interest in the premises, he may apply to the Court of Munsiff having jurisdiction over the area in which the establishment is situated and that Court shall make such order concerning tht:
expenses or their apportionment as it appears t(1 the Court, having regard to all the circufI!.stance;.;
of the case, including the terms of any contiac·· between the parties, to be just and equitable, anc any order made under this section may direc· that any such contract as aforesaid shall ceast to have effect in so far it is inconsistent with tht .terms of the order.
CHAPTER VII ENFORCEMENT AND INSPECTION Appointmen 25. (1) The State Government may, by notifi oflnspectorscation in the official Gazette, appoint such officer or such persons or class of persons as they think fit to be Inspectors for the purposes of this Act within such local limits as they may assign to them respectively. ' ..
Powers and Duties of ~ pectora.
(2) The State Government may, by notifi cation i.n the official Gazette, appoint either the Labour Commission~r or Additional Labour Commissioner of Assam as Chief Inspector for the purposes of this Act.
26. Subject to any rules made by the State Government in this behalf, an Inspector- may within the local limits for which he is appoin ted:- Inspector tc be pubijo
1crvant.
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(a) enter, at all reasonable times and with such assistants if any, being persons in the service of the Government or any local authority as he thinks fit, any place whi.ch is or which he has reason to believe is an establishment
(b) make such inspection of the premises and of any pres_cribed registers lrecordi and noti.ce and take on the spot or otherwise evidence of any person as he may deem necessary, for carrying out the purposes of this Act ; and
(c) exercise such other powers as may be necessary for carrying out the pur pose of this Act :
Provided that no one shall be required under this section to answer any question or t:ive any < v•ence tending to incriminate himself.
27. Every Inspector appointed under sub ,. =ction (1) of Section 25 shall be deemed to be a ublic servant within the meaning of Section 12 f the Indian Penal Code.
Employer t ·) · produce 28. Every employer shall on demand produce registers, h r inspection of an Inspector all regis ters, re Fr~c •Cords and notice required to be kept under and orin•v~10 '1br the purposes of this Act.
Penaltitt
CHAPTER VIII OFFENCES, PENALTIES AND PROCEDURE
29. (1) Whoever contravenes any of thE pro visions of Sections 6, 8, 9, 10, 11, 13, 14, 18, 21 and 22 shall, on conviction be punishable w ith fine, which for a first offence may extend to two hundred and fifty rupees and for a second or any subsequent offence may extend to five hundred rupees.
(2) Whoever contravenes any of the pro vi.sions of Sections 7, 19, 20,- 28 and 30 shall, on conviction, be punishable with fine which may e~tend to fifty rupees.
(3) No court .shall take cogni:,o;ance of any offence puni1:ihablc under this Act or any rule or order made thereunder unless the complaint is made- Act XLV of 1860.
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(a) by the employee of an establishment either by himself or through the Union of which he is a :nember within three months from the date on which the offence is alleged to have been committed ; or
(b) by the Inspection within ii.x months from the date on which the alleiled offence comes to his know ledge.
(4) No Court inferior to that of judicial Magistrate of the first class shall try any offence .
punishable under this Act or any rules or orderi made thereunder.
CHAPTER IX MISCELLANEOUS • Main~ance 30. Subject to the general or special orders of or regiiters the State Government, an employer shall mainand record• . h . d d d d. 1 and di1PlaY tam sue registers an recor s an rsp ay on of noticea. the premises of his establishment such notices as may be prescribed. All such registers and records shall be kept in the premise& of the esta blishment to which they relate~ Sav~g ~r •- 31. Nothing in this Act shall affect aJ!Y right certain r1gh.. . .1 h. h 1 · t bl. h and privi- or pr1v1 ege w re an emp oyee m any es a is - le,e.. ment is entitled to on the date this Act comes into force, under any other law, contract, cus tom or usage applicable to such establishment or any award. settlement or agreement binding on the employer and the employee in such esta biishment, if such rights or privileges are more favourable to him than those to which he would _be entitled under this Act.
lademni~. 32. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
Delel&tioll 3·3. (1 ) The State Government may, by notiftofpowcri. cation in the official Gazette authorise any oMcer or authorfty subordinate to them to exercise all or any of the powers vested in them by or under this Act, except the power mentioned in Section ~4, subject to such restrictions and conditions, if any, as may btt specified in the notification.
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(2) The exercise of the powers delegated under sub-1;:ection (1) shall be subject to control and revision by the State Government or by such persons, as may be empowered by them in that behalf. The State Government shall also have power to control and revise the acts or proceed ings of any person so empowered.
Powers to 34. (1) The State Government may, sub1ect to make Rules·the condition of previous publication by notifica tion in the official Gazette, make rules for carry ing out the purposes of this Act.
(2) In particular and wi.thout prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matter, namely :-
(a) Health, safety, welfare of employees, holiday for occasions ;
(b) the form and the date for application of registration or renewal of certifi cate and fees payable for such regis tration or renewal ;
(c) the particulars with respect of certi~ ficate of registrations or renewal thereof;
(d) the manner of taking precaution against fire ;
(e) the setting up an appellate authority, the limitation for filing appeal and manner of giving notice ;
(f) any other matter whkh has to be, or may be prescribed.
(3) The State Government may provide in the rules that a contravention of any of ~he rules shall be punishable with fine which may extend 1o fifty rupees and where the breach is a conti~ nuing one with a further fine which may extend to ten rupees for every day, after the first during which the breach continues.
(4) All rules made under this section shall be laid as soon as may be, after they are made before the Assam Legislative Assembly while it is in session for a total period of fourteen days . 18 which may be comprised in one session or in two successive sessions and if before thE: expiry of that session in which it is so laid or the session immediately following, the Assam Legislative Assembly agree in making any modification in the rules or the Assam Legislative Assembly agree that no rules should be made, the rules shall thereafter have effect only in wch modified form or be of no effect, as the c::ise may be ; so however that any such modification or annul ment shall be without prejudice to the validity of anything previously done under the rules.
~~';:~~~ent 35. The State Government may, by noUica to suspend tions on account of such holiday or other occa prfuisi'11s sion as may be prescribed, suspend the operation ~~rh~g r~trs of all or any of the provisions of this Act in res and festivals pect of any shop or commercial establishment or establishment for public entertainment or amuse ment or for any class of shops or establishments ·as aforesaid for such period and subject to such conditions as it may think fit.
R egistration E . .
of Establish 36. (1) evry employer shall have his estabh-
111ente. shment registered under this Act. The registration shall be renewed every twelve months.
(2) The application for registration or for renewal of registration shall be made to the Chief Inspector or to such other officer as the Chief Inspector may authorise in this behalf in such forms and within such date and containing such particulars as may be prescribed.
(3) The fees payable for registration or for renewal of registration shall be such as may be prescribed by the State Government.
(4) Where an establishment is registered lmder this Act or when the registration of any establishment is renewed there shall be issued to the employer, a certificate of registration or a renewal certificate of registration, as the case may be containing such particulars as may be prescribed.
(5) The certificate or the renewal certifi cate, as the case may be, shall be kept prominen tly displayed at some conspicuous place of the establishment.
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(6) If any employer carries on business without a valid registration certificate after the expiry of the last date for submission cf appli. caticn for registration or for renewal, he shall oe liable to pay a penalty equal to the (ee pres cribed for registration or renewal of registra tion, as the case may be, plus an additional penalty at rupee one per day for each day of continued default after the expiry of the last date for submission of an application for regis tration or renewal, as the case may be, and the said penalty shall be realised by the Collector as an arrear of land revenue on a certificate being issued to that effect by the Chief Inspector appointed under this Act :
Provided that no employer shall be liable for any penalty under this section if he has sub mitted a valid application for a certificate of re gistration or renewal thereof within the period prescribed to the proper Authority.
Rep:nl ad 37. (1) The Assam Shops and Saving. Act, 1948 is hereby repealed.
Establishments Assam Act v !XIII of •
1948.
(2) N · h d ' h h Assam Act otw1t stan mg t e repeal of t e XIII of Assam Shops and Establishments Act, 1948 any 1948.
order made, any notification issued or any action taken under the Act so repealed shall be deemed to have been made or taken under the corresponding provisions of this Act and shall continue to be in operation until cancelled or suspended by order made or notification issued under the corresponding provisions of this Act. - A.G.P. Gau, l(G)174 L. 3,000-16-11-74