The Assam Shops and Establishments Act, 1971
__,         - (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 Ass am 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 enter-
tainment 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 repug-
nant 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) "com mercial establishment" means an
establishment in which there is con-
ducted the business of advertising,
commission, for warding 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-

ment for the purposes of all or any of the

pr ovision of this Act, but does not include a

sh op or an establishment for public entertain-
ment or amusement ;

(5) "day" means the period of twenty-four
hours beginning at midnight :

Provided t hat in the case of an em-

ployee whose hour of work ext end beyond mid-
night, day means the period of twenty-fo ur hours
begi.nning when such em ployment 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" m eans a penon ownin~ or
h aving ultimate control over the affairs of an
establishment and includes the man:i.ger . a ~ent
or other person acting in the general manage-

ment;


-----

_J' .-_ (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


-----

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, ~~ 63 of
8

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<:i ations or classes thereof as the
State Government mav. by notification, exempt

~ .. om the operation of this Act ;


-----

(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 de aling in tobacco, cigars,

cheroots, cigarettes, biri.s, pan, liquid refresh-

ment sold in retail for consumption on the pre-
mises, ice. newspaper or periodicals 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 . h S G b L"fi
to apply the ect10n , t e 3 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

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_

Daily and 6. No employee in any establishment shall be
Weekly
hours. 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 8. The period of work of an employee in an
rest.

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.


-----

Closing of 11. (1) Every shop shall remain entirely closed
shops and

for one day in each _week.

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 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 sh op :

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


-----

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 Act XVIII

of 1942.

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 :


-----

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.

(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

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, refer red 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


-----

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              - ispense witk the

**al.faaoeo** 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 him in case the em-
ployer fails to reinstate the employee in aC'cqrd-

anc~ With the directions.           -


-----

rity 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

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_

Prohibition 19. No child shall be required or allowed to
###### . or employ.

ment of work in any establishment ~<:ept as an appren-

children. 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 times and by such
methods as may be prescribed and these methods

IP  - 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.


-----

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 autho-
rity 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 incur-
expenses . . ; 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. '

(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.

Powers and

Duties of 26. Subject to any rules made by the State

~ pectora. Government in this behalf, an Inspector- may

within the local limits for which he is appoin-
###### ted:-


-----

(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.

Inspector tc
be pubijo 27. Every Inspector appointed under sub - Act XLV

of 1860.

1crvant. ,. =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

10 1
orin•v~ ' b r the purposes of this Act.

CHAPTER VIII

_OFFENCES,_ _PENALTIES_ _AND_ _PROCEDURE_

**Penaltitt**

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 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 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~t en d to fifty rupees.

(3) No court .shall take cogni:,o;ance of any

offence puni1:ihablc under this A ct or any r ule
or order made thereunder unless the complaint
###### is made-


-----

(a) by the employee of an establishment                 - _r_
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 main-

and 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.. . . h. h 1       - t bl. h
and privi- or pr1v1 ege w 1 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 procee-

dings 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 notift-

ofpowcri. 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 w i.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


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which may be comprised in one session or in         - _r_

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

             - s 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 registra-
tion 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 und er 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 Establishments Assam Act

Saving. Act, 1948 is hereby repealed. v !XIII of        -

1948.

(2) N otw1t · h stan d ' mg t e h repeal of t h e Assam Act 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 corres-
ponding 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


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