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Section 11

The Nagaland Shops and Establishment Act, 1985State Act of Nagaland · Act 5 of 1985

(1 ) Every shop shall remain entirely closed for one day in each week.

(2) The State Government may, by notification require that in addition to one day refferred to in sub-section (1), every shop or any specified class or shops shall remain closed between such hours in the afternoon of such days in each week, as may be specified in the notification.

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 establishment for which the provision of this Act, applies two or more trades or business are conducted, one or more of which are usually conducted in a shop while the others are usually conducted in a commercial establishment, the provision 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 are concerned.

(3) No deduction on account of any closure of a shop under the provision of sub-section (1) or sub-section (2) shall be made from the wages of any employee of such Shop,

(4) The day on which shop 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 often than once in every three months, alter the day so specified.

(5) Every person employed in a commercial establishment shall be allowed as holidays at least one and a half day in each week

Provided that, when there are conducted in a commercial establishment 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 commercial establishment, such commercial establishment shall, so far as the conduct of the trade or business is concerned be exempted from the operation of this sub-section.

(6) No deduction on account of any holiday allowed under the provisions of sub-section (5) shall be made from the wages of any person employed in such commercial establishment.

Act III of 1942

(7) Notwithstanding anything contained in the Weekly Holidays Act, 1942, every person employed in an establishment for public entertainment or amusement shall be allowed as holidays 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 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 establishment, 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 holiday 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 commercial establishment for public entertainment or amusement shall be entitled to leave of 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 or enjoined by his religion.

Chapter III LEAVE Application of Chapter

12. The provisions of this chapter shall not operate to the prejudice of any right to which an employee be entitled under any other law or under the term of any award, agreement or contract of service.

Provided that where such award, agreement or contract or service provides for a longer leave with wages or weekly holidays than provided in this chapter, the employee shall be entitled to such longer leave or weekly holidays as the case may be.

Explanation For the purpose of this chapter, leave shall not except as provided in Section 12, include weekly holidays or holidays for festivals or other similar occasions.

Annual Leave with wages

Where this provision sits

ActThe Nagaland Shops and Establishment Act, 1985
Section11
JurisdictionState of Nagaland
StatusIn force as published by the source

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