<3a> m MINISTRY OF G-IOME AFFAIRS NOTIFICATION T e r r i S e s ^ a ^ } 2 f ^ ^ s e c t i o n 2 of * * Union + , T A , T T - >LT?r?/1:-°&> l9d[> ' - ° o i I9:JG.>, the Central Government herehv pvtpnrfg t ^ ^ ^ l o w S / m o d i S l o n l n a S ^ - " * * * i n t h e S t a t e 0* & « * S & § « MODIFICATIONS In the said Act,—
(i) for the expression "State Government", wherever it occurs, except k clause (a) of sub-section (1) ot section 5, the words "Chief Commis sioner shall be substituted and there shall also be made in any sentence in which the words State Government occur, such conse quential amendments as the rules of grammar may require;
(ii) in sub-section (3) of section 1, for the words "Municipalities of DbmVi Gauhati . fezpur, Nowgong, Jorhat, Dibrugarh and Silchar as declared or constituted under th e provisions of the Assam Municipal Act, 1323 and to the area for the time being comprised within the Cantonment and Municipality of Sflfflong but excluding so much of its areas as forms par t of the United KhasWaint ia Hills District", ihs words Municipality of Imphal as declared or constituted under the provi sions OJ. the Assam Municipal Act, 1056 (Assam Act 15 cf 1957' as in rorce m the Union territory of Manipur"" shall be substituted.
(iii) in section 2,~~
(a) clause (1) shall he renumbered as clause (1A) and before clause (LA) as so renumbered, the following clause shall be Inserted, namely: — '(1) "Chief Commissioner" means the CM ex Commissioner of Manipur';
(b) in clause (7), tor the figures "1934" the figures "1948" shall be substituted;
(c) for the words and figures "XXV of 1: H" in the marginal note agaia El clause (7) the words and Figures "Act 63 of 1G4S" shall be substituted;
and
(d) in clause (9), for the words "Official G-azetl ". the ,vords "Manipur Gazette" shall be substituted;
(iv) in section 3, for the word "Assai l* the words ' 'the Union territory o<' Manipur" shall be substituted;
(v). in .iction 5, in sub-secti .:..•• — fa) (i) in clause (a), for the words "Central or State Government" th--= words "Central & :- : nt or Manipur Admin: 11 be substituted;
(ii) the words "any railway VdMimistTatibri" mall be omitted;
I I 2
(b) in clause (b), the words "railway service" and the words " t ramway or" shall be omitted;
(c) in clause (d), the words "railway stations, docks, wharves and" shall be omitted; and
(d) clause (j) shall be omitted.
4 AiraEXURE TTTF ASS4.M SHOPS AND COMMERCIAL, ESTABLISHMENTS ACT. 1948 AS THE ASSAM^SHUFS * g u T I ^ N I 0 N T E R R I T O R Y OF MANIPUR.
ASSAM ACT XIII OF 1943 An Act to provide for and regulate the holidays, payment of wages and leave of persons employed in shops, commercial establishments and establishments for public entertainment or amusement, and the hours of work of persons so employed.
Preamble.—Whereas it is expedient to provide for and regulate the holidays, pavment of wages and leave of persons employed in shops, commercial establish ments and establishments for public entertainment or amusement, and the hours of work of persons so employed;
I t is hereby enacted as follows : — t Short title, commencement and application.—(1) This Act may be called 8ta Assam Shops and Establishments Act. 1948. «
(2) It shall come into force on such date as the Chief Commissioner -relax. b~ notification, appoint.
fSS i t shall arjply in the first instance to the Municipality of Imphal as declaim' or constituted u n d £ the provisions of the Assam Municipal Act. 1956 (Assam Ac 15 of 1957) as in force in the Union terri tory of Manipur an<? thereafter iS * a U ™olv to such other areas, or to such shops, commercial establishments or establish ments for the public enter tainment or amusement in such other areas m the Chief Commissioner may, by notification, specify.
2. Definitions.—In this Act, unless there is anything repugnant in fl* subject or context—
(1) "Chief Commissioner" means the Chief Commissioner of Manipur;
flA) "Child" means a person who has not completed his twelfth year of age;
(2) "Closed" means not open for the service of any customer;
m "commercial establishment" means an establishment in which there is 0 9 ronducte: the business of advertising, commission forwarding or commercial agency, a department of a factory in which persons are empSyed in a clerical capacity in any room or place wk . r e no S u f acturing process is being carried on, a f t o a l department of any industrial or commercial undertaking including one a ^ « » ™ * ;
rfort an insurance company, joint stock company, b rokers office, cr -xrhanee or such other establishment or class thereof as the d u e l r S i ^ r n l n y 1)7 notification, declare to be a commercial e ^ r S m e r S for he purposes of this Act, but does not include a I S l o r ™n establishment for public entertainment or amusement;
<r» "day" meaas a period of twenty four hours beginning at midnight:
™, „.=1Tin1nirra7,:, tass-B a person owning or having charge of the business m " g ^ W j B ^ J ^ e J g S j S or establishment for public entertain- - ,'i 3 ment or amusement, and includes an agent or managV-oi r^and any other person acting on behalf of, such person in the general manage ment or control of such establishment;
(6) 'establishment for public entertainment or amusement" means a restaurant, eating-house, cafe, cinema, theatre and such other establishment or class thereof as the Chief Commissioner may. by notification, declare to be, for the purposes of this Act, an establish ment for public entertainment or amusement, but does not include .a shop or a commercial establishment;
(7) "factory" means a factory as defined in, or declared to be a factory under the Factories Act, 1948 (Act 63 of 1948);
(8) "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;
O) "notification" means a notification published in the Manipur Gazette;
(10) "person employed" means—
(i) in the case of a. shop, a person wholly or principally employed in the shop in connection with the business of the shop, tti) in the case of a commercial establishment, a person wholly or principally employed in connection with the business of the estab lishment or in the case of a factory, a person employed in a clerical capacity in any room oer place where no manufacturing process is being carried on,
(iii) in the case of an establishment for public entertainment or amuse ment a person wholly or principally employed in the preparation or servine of food, or drink, or in attendance upon customers, or in cleaning any par t of the establishment or the utensils used therein or as attendant, cashier, clerk, doorkeeper, operator or usher or in some other similar capacity but does not include a shop-keeper or employer or the husband, wife, child, father, mother, brother or sister of a shop-keeper, or employer who lives with, and is dependent on, such shop-keeper or employer;
(11) "prescribed" means prescribed by rules;
(12) "rules" means rules made under this Act;
(13) "shop' : means any premises used wholly or in pa r i for the wholesale or retai l sale of commodities or articles, ei ther for uash or m credit, and such other premises as the Chief Commissioner may. by notification declare to be a shop for the purposes of this Act, but does no include a commercial establishment or an establishment for public entertain ment or amusement;
(14) "shop-keeper" means a person owninp or having charge of the busi ness of a shoo, and includes an agent or manager, of, and any othei person ac t i ng on behalf of, such person in the general management or control of a shop;
(15) "week" means a period of seven days beginning at midnight on Saturday; and
(16) "year" means the period beginning on January the first, and ending on December 3lst.
3 Reference to t ime of ilay.—References to the time of day in this Act^ shall be toed to be references to Indian Standard -Time, . - ^ y e time ttsat the Chief Commissioner -nay prescribe as SUmdard d ime tor the Union t e m t o r j of &Eanipur.
. 4. JPowers Of the Chief+ Commissioner^-The Chief Commissioner .may for the purposes of aU or any oi the provisions of tins Act, by notification declare:—
(a) to be a shop, any premises which are not premises of a commercial -IrnusenSnt * ^ G s t a b U s h m e n t ior ^ b ^ entertainment or
(b) to be a commercial establishment, any establishment which is not a shoo or atl establishment for public entertainment- or a m u s e m e n t a n d ( C ) i 0 . ^ ^ ^ s ' ^ ^ ^ ^ ^ . P ^ c •entertainment or amusement any establishment which is not a shop or a commercial establishment ft The provisions of this Act specified in a notification under sub-section (B shall apply io any premises or establishment which, under the provisions of that sub-section, has been declared to ba a shop or a commercial establishment or an establishment for public enter ta inment or amusement as the case may be.
3 The Chief Commissioner may, by notification on account of such holidav or- o ther occasion as may be prescribed, suspend the operation of all or any of the provisions of this Act in respect Of any shop or commercial establishment, or establashmeat for public enter ta inment or amusement or of any class of shoos or establishments as aforesaid for such period and subject to such conditions as he chmks fit.
5. Act not ainulicajjle in certain flS'taMishiueats, shops and nersons (11 Nothing hi this Act shall apply to—
(a) offices of or under the Central Government or Manipur Administration i-he Reserve Bank of India or any other bank, or any local authori ty;
(b) any water transport service, motor service, postal, telegraph or telepnone service, any system of public conservancy or sanitation, any industry, business or undertaking which supplies power, light or water to the public and such other public utility companies or associa tions or classes thereof as the Chief Commissioner may, by notifica tion, exempt from the operation of this Act;
(c) clubs, residential hotels and boarding-houses;
(d) stalls and refreshment rooms at airports; " ^
(e) establishments for the t rea tment or care of the sick, infirm destitute or mentally unfit;
(f) shops or classes of shops, dealing mainly hi vegetables, meat, fish, dairy produce, bread, pastries, sweetmeats, flowers so far as the retail sale ot these articles is concerned;
•(g) pharmacies or shops dealing mainly in medicines, surgical appliances bandages or other medical requisites, so far as the sale of these articles is concerned;
(h) shops dealing in articles required for funerals, burials or cremations so far as the sale of these articles is concerned;
(i) shops dealing in tobacco, cigars, cheeroots, cigarettes, b ins , pan liquid refreshments sold retai l for consumption on the premises ice news papers or periodicals, so far v.s the sale of these articles is concerned;
(j) omitted.
(k) shops ov stalls in any public exhibition or show, so far as such shops or stalls deal m retail t rade which is solely subsidiary or ancillary to the main purposes of such exhibition or show;
_J !li ; SJU:.: w Stalls iti any public fair or bazar held for a charitably purpose;
•: •-••• * bar!:. r"§ und hairdresser'^ s^
(n) shc-py dealing in petroleum products or spare parts for motor vehicles or cycles^ (uO •:. ShODS;
(p) any person employed m a managerial or confidential capacity, or as a traveller, canvasser, messenger, watch-man or caretaker, or exclu sively m connection with the collection, despatch delivery and conveyance or customs formalities of goods;
(q) such seasonal commercial establishments engaged in the purchase of raw jute or _cotton or in cotton ginning, or cotton or jute pressing, and the clerical departments of such seasonal factories, as the Chief Commissioner may, by notification, exempt from the operation of this ii-CtJ
(r) such other establishments, shops or persons or classes of establish ments, shops or persons, as the Chief Commissioner may, by notifica tion, exempt from the operation of all or any of the provisions of this
(2) Notwithstanding anything contained in sub-section (1), the Chief Commis- K Z S S f 3 1 ? ' ! , ^ t h a t a n y , -sh°P' ^ab l i shment or person spec- 5 S w 2 S ^ u b - s e c t t o n shall not] be exempt from the operation of such provisions of this Act as may be specified in the notification and that the provisions of this Act specified m such notification shall apply to such shop, establishment or person.
G Exemption of child,—No child shall be employed in any shop commercial establishment, or establishment for public entertainment or amusement
7. Closing of shops.—(1) Every shop shall be closed on one day in each week.
(2) The Chief Commissioner may, by notification, require in respect of everv shop or ot any specified class of shops that they shall be closed at such hour as may be specified m the afternoon of one specified day in each week, in addition to the day referred to in sub-section (1):
Provided that, when there are conducted in a shop two or more trades o'- busmesses any of which is of such a 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 that trade or business is concerned be exempt from the operation of this sub-section and of sub-section (1).
(3) No deduction on account of any closure of a shop under the provisions of lm;Cd n in ( 1 S U r a S h U o b p ; S e C t l 0 n t2> S h a" * m a d e t r ° m , h e «•« o?«/UA£ {4.) The day on which a shop shall be closed in each week under the urovif ? ? ^ S 4 S b 3 h ? S ? ^ h C S Khav b ? s u c , h . d a y a s mW b e specified by the shop-keeper in a notice, which shall be displayed m a conspicuous place in the shop:
a I te?7h1 d d^o\p°ec i f ie P d k e e P e r * * * " ^ ^ ^ ° n C e i n e V e r y t h r e e raonths
5. Hours of works in shops . - ( l ) No shop shall remain open after the hour of seven o clock post meridiem; but any customer who was being, or was waiting to the shop, to be, served at such hour may be served during the period of tMrtv minutes immediately following such hour; F u ^nr ty
Provided that, when there are conducted in a shop two or more trades or busi ness^, any of which is of such a character that, if it was thfs r fe trade or busL e Ss therein conducted, the provisions of this Act would not apply to that shop such shop shall, so far as the conduct of that trade or business is concerned be Txemnt from the operation of this sub-section. ^ ^ exempt ~nl2'L^ }leVS°n Vfg10?6* i n a s h°P sh*" b e required or permitted to work in such shop for more than nine hours in any one day, and for more than fifty hours m any one week, and after the hour of seven o'clock post meridiem
(2) No person employed in a .shop shall be required or permitted to work in such, shop for more than seven hours in any one day, unless he has been allowed an interval for rest of at least one tumx during that day, such interval to occur after the first four hours' continuous work.
{41 The periods of work and intervals for rest of each person employed in a shop shall be arranged by the shop-keeper so that together they l o not eW ,K over more than twelve hours in any one day extend a Holidays in commercial estaWishmeiits.-U) Every person employed in « commercial establishment shall be allowed as holidays at .east one and a ^ days in each week:
Provided that, when there are conducted in a ^ j ^ g ^ S P i l was operation of this sub-section.
commercial establishment.
to. Holidays m establishment for toim * j $ g g £ fi ^ ( A c ^ i n Notwithstanding anything conitamed » ^ g g g ^ g ° f e gjbU Entertainment or P r 0vided that, when K ^ ^ S l ^ ^ a n S ^ ^ ^ i ^ W ^ tainment or amusement *™ « moie tied*. g y S T S e K o n d u c t e d , the provia character that, it it was the sole toge p r . g g g j g ^ g s u c h establishment shall, S i t M J ^ f e ' ^ f l S S S W B B U a be exempt from the operation of this sub-section.
establishment for public entertainment or amusement.
H. Hours of work in 9 ^ M £ g £ ^ f S g S b t S S S S f f S ? ^ g L f l J f ^ x S ^ i 3 ? ^ ^ * ^ ^ ^ e s t a b l i s h m e n t for more than ten hours in any one day. ~ * i J • «„ a-tah1i=?hment for public entertainment of m2t2U&SXfgS& I ftjeW'SS £ srfch establishment-
(a) .or more than eight hours in any f e day unless he has been allowed an interval for rest of at least one hour duirng that day, anu fl» for more than six hours in « * « * *°*£^i£tot d a T ^ ^ " interval for rest of at least half an hour during tftat nay.
( 3 ) The periods of work and intervals for ^%^fh^%T^Sd%f t t teen hours in any one day.
a . P a r e n t ol w a s e s . ^ 1 1 « ^ ^ f » g S S S r S ^ a t S t o S that in resoect of which such wages are payable.
13 jferor-aSff** Person employed in a shop, commercial[establishment or establishnint for public entertainment or amusement shall be emi t ledt t i after every twelve months' continuous employment to privilege leave on lull[pay for a total period not exceeding sixteen days, Or, in every year, to casual leave on &ffl pay for a .total period not exceeding ten. days, and ,.-.) after every twelve months7 eosttauoua employment, to leave on medical ^ S S S t e on half pay for a perlold not exceedmg one month ,ucn rt certificate to be provided by a registered practitioner as defined in clause (bi of section 2 of Assam Medical Act, 1916 (Assam Act 1 of 1016):
Provided that neither privilege leave admissible under clause (a) nor casual leave admissible under clause (b) shall be accumulated.
14. Holidays .for religious purposes.—Every person employed in a shop, commer cial establishment or establishment for public en ter ta inment or amusement shall be entitled to leave or absence for any days he may select, not exceeding three in number in any one year, for the purpose of attending ceremonies or performing functions or duties connected with on enjoined by his religion.
15. Maintenance of records, registers and notices.—(1) Every shop-keeper and employer of an establishment for public enter ta inment or amusement shall for the purposes of this Act maintain such records and registers, and display such notices, as may be prescribed.
(2) Every employer of a commercial establishment shall for the purposes of this Act maintain such records and registers as m a y be prescribed.
16. Inspection.— (1) The Chief Commissioner may, by notification, appoint such persons or such class of persons as he thinks fit to be Inspectors for the purposes of this Act within such local limits as he may assign to them respectively.
(2) All Inspectors appointed under sub-section (1) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Act XLV of I860).
17. Power of Inspectors.—Subject as may be prescribed, an Inspector appointed under section 16 may, for the purposes of this Act and within the local limits for which he is appointed, at all reasonable times enter into any place which is, or which he has reason to believe, is, a shop or a commercial establishment or an establishment for public enter tainment or amusement , wi th sucb assistants, being public servants, as may be prescribed, and m a k e such examination of that place and of any record, register or notice maintained therein under the provisions of section 15 and may require such explanation of any such record, register or notice as he may consider necessary for the purposes of this Act:
Provided that no person shall be required under this section to answer any question or give any evidence tending to criminate himself.
18. Penalties.—(I) Whoever, being an employer or shop-beeper, i jntravenes any of the provisions of sections 7, 8, 9, 10, or 11 shall, on conviction, be punish able with 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, being an employer or shop-keeper, contravenes any of the provi sions of sections 6, 12, 13, 14 or 15 and whoever, having custody of any record, register or notice maintained under the provisions of section 15, refuses or, wi th out sufficient cause, fails to produce it on being so required by an Inspector under the provisions of section 17, shall, on conviction, be punishable with fine which may extend to fift;/ rupees.
19. Procedure.—•(!') No Court inferior to a Magistrate of the .First Class shall try an onienee punishable under this Act.
(2) No Court shall take cognizance of an offence punishable under this Act except upon complaint made by an Inspector appointed under section lfl.
20. Indemnity.—No suit, prosecution or legal p r e c e d i n g whatever shall lie against any person in respect al anything in good faith done or intended to be done under this Act or the rules.
21. Saving of certain elg&ts and privileges.—Kfothbg in this Act shall affect any rieht or orivilege to which any j<-rson employed in any shop, commercial estab lishment "or establishment $w public enter ta inment or amusement is entitled at the date of the commencement of this Act under any other law for the time being hi force or under any contract, custom or usage which is in force on that date, ii such right or privilege is more favourable to him ttian any eight or privilege con ferred upon him by this Act.
3 . - 22 Power to make rules—(1) The Chief Commissioner may, after previous publication, make rules for carrying out the purposes of this Act.
(2) In making any rule under this section the Chief Commissioner may direct tha any person Committing a breach thereof shall, on * * " « * * » , J » £ g S g g 5 with fine, which may extend to fifty rupees, and » W J » J r ^ l » a - f i ^ g » g | one, with a further fine which may extend to ten rupees for every day, after me first, during which the breach continues.
[No. F. 5/1/62-Judl.lI.]
ft W*\- " J p . N. KAUL, Dy. Secy.
- < GMGIFND DM8—14HA JCz.13—17.6.53—200