(1) This Act may be called the Manipur Shops and Establishments Short title, Act, 1972.
extentand commencement.
/ '· , (3) It shall come into force on such date as the State Government '1 may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act or for different areas or for different classes of shops or establishments. ·
2. In this Act, unless there is anything repugnant in the subject or context, · ·
(1) "apprentice" means a person who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft, business or .employment in a shop or an esta blishment;
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(2) "child" means a person who has not completed his twelfth year -of age ;
(3) "closed" means not open for the service of any customer or for any businesa connected with a shop or an establishment involving work by an employee;
Definitions,
(4) "commercial establishment" means an establishment which carries on the business, trade or profession of advertising, com mission agency, ·forwarding or commercial agency or which is a clerical department of a factory or of any industrial or com mercial' undertaking, includes-
(a) an establishment undertaking the business, trade or pro fession, of public transport ;
(5)
(6)
(b) an insurance company, joint stock company, broker's office or exchange ; and
(c) such other establishment or class thereof as the State Goveca- , ment -may, by notification in the Official Gazette, doclari to be a commercial establishment for thoJpurpoi:? of !?i?
Act;
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but does not include a shop or an establishment for pubha entertainment or amusement ;
"day" means a period of twenty-four hours beginning at midnight;
"employee" means a person wholly or principally employed in, and in connection with, a shop or an establishment and i•- eludes an apprentice but does not include a member of the em ployer's family ;
(7).
· "employer'" means a person having charge of, or owning 01· having ultimate control over the affairs of a shop or an establishment and includes the manager, agent or other person acting in the general management or control of a shop or an establishment;
(8) "employer's family" means the husband or wife, children, father or mother, of the employer and includes the brother or sister, brother's son, sister's son; daughter's son, son's sou, of such employer living with, and dependent on him ;
(9) "establishment" means a commercial establishment or an esta blishment for public entertainment or amusement ;
(10) "establishment for public entertainment or amusement" means a restaurant, eatinghouse, cafe, residential hotel, cinema. theatro.
and such other establishment or class thereof as the State Govera ment may, by notification in the Official Gazette, declare to be, for the purposes of this Act, an establishment for public enter tainment or amusement, but does not include a shop or a com mercial establishment ;
(11) "factory" means a factory as 'defined in the Factories Aet, 194l (63 of 1948) ;
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(12) "holiday" means a. day on which a shop or an establithmfl';t shall remain closed or on which an employee shall be Jivtll • holiday under the p?ovisionsof this Act ;
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(13) "Inspector'? means an Inspector appointed under this AQf ;
(14) .
"Official Gazette" means the Manipur Gazette ;
(15)
(16) P) "opened" means opened for the service of anyfcustom.er or for any business connected with a shop or an establishment ;
"period of work" means the time during which an 1-mph?JH is at the. disposal of the employer ; · "prescribed" means prescribed by rules mad, und?r jhis A?l ;
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(19)
(20)
(21) "shop;' means any premises used wholly or in part for whole sale or retail sale of commodities or articles, either for cash or on credit, and such other premises as the State Government may, by notification in the Official Gazette, declare to be a shop for the purposes of this Act, but does not include a commercial establishment for public entertainment or amusement ;
"spread-over" means the period between the commencement and the termination of work in an establishment on any day ;
"State Government" means the State Government of Manipur ;
"Wage period", in relation to the payment of wages of an em ployee,· means a wage period fixed by an employer under section 16 in respect of such employee ;
(22) "Wages" means wages asdefined in the Payment of Wages A1.:t, 1936 (IV of 1936) and includes any allowance to which an em ployee is for the time being entitled ;
(23) "Week" means a period of seven days beginning at midnight of Saturday night ;
(24) "Year" means a period of twelve months of the Gregorian Calen dar commencing on the first day of January .
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J. (I): Notwithstanding anything contained in , this Act, the Stats Govemment may, by notification in the Official Gazette, declare any shop or any establishment or any class thereof to be a shop or an establishment, ( as the case may be, for the purposes of this Act.
(2) On such declaration under sub-section (l) the shop or the esta blishment specified in the notification shall be deemed to be a shop or an e&tablishment, as the case may be, to which this Act applies, and the provisions of this Act shall apply to such a shop or such an establishment.