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Section 30

The Manipur Shops and Establishment Act, 1972State Act of Manipur · Act 4 of 1973

( l) The employer of a shop or an establishment shall, in such manner .. , as may be pre?cr_ibed,submit to the Chief }nsp_ectin?OfpfCr,;tfl, AAUual\-1 statement shO"".'lil?the number of employees in _h1sshop Or ei;:t?9\t?h,?e?h the · rates ot wages and other benefits given to the. 'em,pl.9.Y,l';C?, before the end of the month of January following the year to wliich, thf statement relates.

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(2) ln case an employer fails, without reasonable cause to the satisfactioG of the Chi?f Inspecting, Officer to submit the statement as)r6vided in ,ubwi seetion {1) and the rules made thereunder, he sha11 be liable t'o pay a nn•i not exceeding ifty rupees.

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(3) Non-payment of such a rin,:; ,11a1! be. an offence punishable uader this Act

31. (I) The employer or a shop or an establishment shall maintain such registers and other documents. and display such notices, a smay be prescribed.

(2) Such employer shall on demand produce for inspection of an Inspector, all registers, documents and notices required to be kept under or for the purposes or this Act.

32. An offence under this Act may be compounded by the com- .

plaina,nt or by his legal representative in the case of a minor, and thecomposition shall have the effect of acquittal of the accused with­ whom the offence has been compounded :

Provided that if the complainant is an Inspector, se shall Bot com­ po?nd the offence without .,_e concurrence of the employee, if any, for whose benefit the -cornplaint was made.

33. All offences under this Act shall be bailable.

3"4. No suit or any other legal proceeding shall lie against any person in respect of anything done in good faith under ihis Act or rules or orders made thereunder.

35. Notwithstanding anything contained in this Act, every em­ ployee in a shop or an establishment shall be .

entitle to .leave of absence for three national holidays and for any days he. may. select, .

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not more than three in number in a year, for the purpose of attending ) eeremcnies or performing functions or duties connected with or en­ ?oincd by his religious faith.

Mainteaaace of registers, etc.

Composition of offences .

Bail.

lndemaity.

GClleral holiday.

36. The employer shall, in accordance with rules made by the Provident Sta,te Government, provide a provident· fund for the benefit of every F\iad er employee in his shop- or establishment and shall contribute to this fund· • · hiployecs, aa amount of 6 1/4 percent of the total wages of every such emyloyee:

?ovided that this section shall apply only to such places or such ela,sacs of· shops or establishment as may by notification in the Official Gazette, be specified in that behalf by the State Government ; and

Provided further that such employers as fail .to provide provident fU;1ui.ill.. $pite of such a notification shall be . punishable with impri-.

seament which may .extend to six months or with a fine not exceeding Ive h?dr?tj r:u..?es, or with both.

:::B ll1 ·.41) The.State ·Government may, by notification in. the Official ?? a,id.s.ubjcct to the condition of previous .publication thcr?in, ma.kc niles to carry out the purposes of this Act.

& · (2) In particular and without prejudice to the generality of tae lfi>regoingpower, such rules may provide for-

(a) the special circumstances wherein deductions from the· wages of employees may be made by the employCl' ;

(b) the _powers of the Chief Inspecting Officer un,cr swlr !?!ton (2) of section 21 ;

(c) the powers of the Inspectors, and the hours during wbioh thoInspector can enter certain premises, under section 23 ;

(d) the manner of giving opportunity to a discharged employee foroffering himself for re-employment under section 29 ; .

(e) the manner of submission of annual statement under section 30 ;

(f) the registers and other documents to be maintained by the em­ployer of a shop or an establishment, and the notices to be dis­played, under section 31, and the mode of display of such noti-c!I;

(g) measures of sanitation, proper upkeep and ventili\tion of shopsand establishments, and ./

(h) the provident fund of employees in a shop or an establisbmeasunder section 36.

(3) Every rule made under this section shall be laid, as soon as maybe after it is. made, before the Legislative Assembly of Manipur while it iiisession for a total period of fourteen days which may be comprised in oaesession or in two successive sessions and if, before the expiry of the session.n which it is so laid or in the session immediately following, the Assembly·resolves that any modification be made in the rule or that the rule should . not be made,. the rule shall thereafter have effect only in such modified fori»· 01 be of no effect, as the case may be, so however, that any such. modifi.c?ti-o11or annulment shall be without prejudice to tho validity of anything previolll'sJydone under that rule.

38. The?ovisions of the _Workmen's Compensation Act, 192] (Yl!Iof 1923) and of rules made thereunder shall, mutatis mutendis, a.ppiy to every .

employee-in a shop or an establishment.

39. On and from the date on which this Act comes into operatioa i:aany area or in respect of any class of shops or establishments, the WeeklyHolidays Act, 1942 (XVIII of 1942) shall cease to apply to such area or Slicadass.

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· Nothing in this Act shall be deemed to apply to any persoa cnapley?<tin a factory which is governed by the Factories Act,_1948 (LVIII of 1948).

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.(2) Anything done or any action taken (including any not:itlcati-,order, rule, form made or issued) under the repealed Act shall in so far aait is not inconsistent with the provisiens of this Act, continue in f crce 'imlOiland until it is?superseded by anything do:ne or any a?ion taken m acesr-dance;..wi1h?!A? · · Persom ·emp1o,ectm factonesta benotgo..

vemed b7 this A?

1lepeal and 41. (I) The Assam Shops and Establishments Act, 1948 (Assut A.ct•vmss. ., XIII of 1948) as extended to Manipur is hereby repealed?

Where this provision sits

ActThe Manipur Shops and Establishment Act, 1972
Section30
JurisdictionState of Manipur
StatusIn force as published by the source

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