The ASSAM SHOPS AND ESTABLISHMENTS ACT,1948
###### THE ASSAM SHOPS AND ESTABLISHMENTS ACT

                                           - . 1948

(Received the assent of the Governor on the 17th June 11)4.8)

[Published in the Assam Gazette of the 30th June, 1948]

###### An

Act

To provide for and regulate the holidays, pay-
###### ment of wages and leave of persons employed in

..... I shops, commercial establishments and establililh-

###### ments for public entertainment or amusement, and the hours of work of persons so employed.

Pr~amble . WHEREAS it is expedient to provide for and regulate

the holidays, payment of wages and leave of persons
employed in shops, commercial establishments ar.d
establi:hments for public entertainment or amusement,
and the hours of work of persons so employed;

###### It is hereby enacted as follows:-

Short title, I. _l I)_ This Act may be called the As~ am Shops
commerce- and Establishments Act, 1948.
ment !lnd
application.

(2) It shall come into foree on such date 1 as the

[Statej ! Gc.ven.ment may, Ly notification, appoint.

(3) It shall apply in the first instance to the
Municipalities of Dhubri, Gauhati, Tezpur, Nowgong,
Jorh.at, Dibrugarh and Silchar as declared or consti-

tuted under the provisions of the Assam Municipal Assam Act

I of 1913.

Act, 1923, and to [the area for the time being comprised
within the Ca ntonment and l\.Junicip2lity of Sh!llong
but excluding so much of its area as forrrs part Qf
the TJr: ited Khasi and Jaintia Hills District}'i; and
thereafter it shall apply to such other areas, or to
such shops, commercial establi~hments or establish-
ments for public entertainment or amusement in such
other areas as the [State] Government may, by notifi-
cation, specify.

1. Came into force from 16th May, _1949-See_ Notification No.GGN.57f4:3f79, datod

the 16th May, 19<9.

2. Substituted by A. 0., 1950 for "Provincial".
3. Substituted by A. 0, 1950 for "the Domirion of India portion of the Khasi aud

.Jaintia Hills District other than that decbrec:! to te a r artially Excluded Areas by the
Government of lndia (Excluded fond P ..: rtially Excluded Areas) Order, 1936".

Price 0•25 pai~e or 6d. per copiee.


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Definitions. _2._ In this Act, unless there IS anything repugnant

in the subject or context- ,..

(I) "Child" means a person who has not com-

pletef'l his twelfth year of age ;

(2) "Closed" means not open for the service of

any customer ;

(3) "commercial establishment" means an
establishment in which there is conducted th~ business
of advertising, commission, forwarding or commercial
agency, a department 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, 11 clerical department of any indus'.rial or commer-
cial undertaking, including one of public transport,
an insurq.nce company, joint stock company, broker's
office, Qr exchange, or such other establishment or
class thereof as the State-!. Government mav, by notifi-
cation, declare to be a commercial eslablbhtnent for
the purposes of this Act, but does not include a shop
or an establishment for public entertainment or
amusement ;

(4) ''day" means a period of lWe:lty-fJur hours

beginning at midnight ;

(5) "employer" means a person owning or
having charge of the b usiness of a commercial estalJlish-
ment or establishment for public entertainment or
amusement, and includes an agent or manager of,
and any other pernn acting on beh<df of, such person

in the general management or control 0f such

establishment;               -

(6) t<establishilent for public entertainment or

amusement" means a restaurant, eating-house, cafe,
cinema, theatre and such other est ,blishment or class
thereof as the State~ Government may, by notification,
declare to be, for the purposes of this Act, an estalJlish-
ment for public entertainment or amusement, b1t
does not include a shop or a commercial establishment;

(7) "factory" means a fac tory as de ~ ned in, Act XXV of

or declared to be a factory under, the Factorie~ A.ct, 1931-.

1934;

(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 ;

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#### -----------

1. Substituted by A, 0. 1950 for ' 'Provinchl".


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(9) ''notificat=' n" means a notification published

in the official Gazette ;

( l 0) "person employed'' means-

(i) in the case of a shop, a person wholly or

principally employed in the shop in con-
nection with the business of the shop,

(ii) in the case of a commercial establishment,

a person wholly or principa!ly employed
in connection with the busineas of the
establi5hment, or in the case of a factory,
a person err. played in a cle1 ical capacity
in any room or place where no manu-
facturing process is being carried on,

;, ii) in the case of an establishment for public
entertainment or amusement, a person
wholly or principally employed in the
preparation or serving of food, or drink,
or in attendance upon customers, or in
cleaning any part of the estaltlishment,
or the utensils used therein, or as attend-
a :.t, 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,

motr1er brother or sister of a shop-kr:eper
or employer who lives with, and is depen-
dent on, such shop-keeper or employer ;

(l i) "prescribel" m ':':ans prescribed by rules;

( 12) "rules" •neans r,d es made under this Act ;

(13) "shop" means any premises used wholly or

in part for the wholesale or retail sale of c~mmodities
or ar ticles, either for cash or on cred it, and such other
premises as the l. State;Government may, by notifica~

tion, declare to be a shop for the purposes of this Act,
but does not include a commercial establishment or an
establishment for public entertainment or amusement ;
(14) "shop-keeper" means a person owning or having
charge of the business of a shop, and includes an
agent or manager of, and any other person acting
on behalf of, such person in the general man agement
or control of a shop ;

(15) "week" means a period of seven days begin-

ning at midnight on Saturday ; and
( 16) "year" means the period be~inning on January
the first, and ending on December 31st.

1. Substituted by A. \.1, l9s0 for "Pro vincial".


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###### ..

ReJerence to 3. References to the time of day ill this Act shall
time of day be deemed to be references to Indian Standard Time,
or any alternative time that the State ~ Government
may prescribe as Stan :lard time for Assam.

Powers of 4. (l) The State~ Government may for the purposes

~eState l. of all or any of the provisions of this Act, by
overmr.ent notification declare-

(a) to be a shop, any premises which are not
premises of a commercial establ1shment
or of an establishment for public enter·

tainment or amusement,
(b) to be a commercial estaulish~ent, any

establishment which is not a shop or an
rstablishment for public entertainment or
amusement, and
(c) to be an establishment for public enter-

tainment or amusement, any establish-
ment which is not a shop or a commercial

~stablishmen t.
(2) The provisions of lhis Act specified in a noti-
fication under sub-: ection ( l) shall apply to any

premises or establishment which, under the provisions
of that sub-section, has been declared to be a shop
er a commercial tstablishment or an establishment
for public ent~rtainment or ammement, as the case
may be.
(3) The 3tate ~ Government may, by notification

on accGunt of such holiday or other occasion _as_
may be prescribed, suspend th ·~ operation of all or
any of the provisions of this Act in respect uf any
shop or commercial esta0lishment, or establishment
for public entertainment or amusement, or or ;.my
class of shops or establishments as aforesaid for such
period and subject to such conditions as it thinks fit.

A~t not ap- 5. (I) Nothing in this Act shall apply to--

phcable to ( ) ffi f d 1 C 1 S _l_
certain estab- a o ces o or un er t 1e entra or tate

1 [lishments, ] Government, the Reserve Bank of India

~hops and or any other bank, any railway adminis-

persom. tration .2. or any local authority ;

(b) any railway service, water transport service,
tramway or motor service, p ostal, telegraph
or telephone 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
associations or classes thereof as the State l
Government may, by notification, exempt
from the operation of this Act ;

_r '_

1. Substituted by A. 0., 1950 for" Provincial"

2, Substituted 'by A. 0., 1950 il•r ''any federal Railway''


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~

(c) dubs, residen tial hotels and boarding-Louses;

(d ) stalls and refreshment rooms at. railway
stations, ducks, wharves and a1rports ;

(C: establishments for the treatment or :are of
the sick; infirm, destitute or mentally

unfit;

(f) shops or classes of shops, dealing mainly

in vegetables, meat, fish, dairy produce,
bread, pastries, sweetmeats, flowers so far
as the retai I sale of these art ides is con-

<erned;

(g) pharmacies or shops dealing mainly in

medicines, surgical appliances, bandages
_or_ other medical requisites, so far as the
sale of these ar ticles "is concerned ;

(h) shops dealing in anicles required forfunerals,
burials or c1 emations so L:tr as the sale
o! the' e articl es is concerned ;

(i) shops dealing in tobacco, cigars, cheeruots,

cigarettea, biri~, pan, liquid refreshments
sold retail for consumption on the pre-
mises, ice, Lewspapers or periodicals, so
f;, r as the sale of these articles is con-
cerned ;
(j ) shops dealing in supplies, ~tores or other

articles necessary for ships, _w_ far as th~
sale of these articles for ships is concern·
ed;

(k) shops or stalls in any public exhibition

or show, so far as such shops or stalls deal
ill retail tradt which is solely subsidiary
or ancillary to the main purposes of such
exhibition or show ;

(l) ~hops or stall> in any public fair or bazar

h~ld fur a charitable puq:ose ;

(m) barber's and hairdres>er's shops ;

(n) shops dealing in petroleum products or

spare parts for motor vehicles or cycles ;

( o) excise shops ;

(p) any person employed in a managerial or

confidential capacity, or as a traveller,
canvasser, messenger, watch-man or care-
taker, or exclusively in connection with the
collection, despatch, delivery, and conve-
yance or customs formalities of goods ;

li Substituted by ll. 0., 1950 for !'Provincial".


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( q) such seasonal commerci.'ll eslablishments
engaged in the purchase of raw jute or
cotton or in cotton ginning or cotton or

jute pres8ing, and the clerical departments

of such seasonal factories, as the Statel-
Government may, by notification, exempt

froril the operation of this Act ;

(r) such othe1· establishments, shops or per-

sons _ot_ classes of establishments, shops or
pe rsons, as the State J. Government may,

by notification, · exempt from the opera-
tion of all or any of the provisions of
this Act.

(2) Notwithstanding anything contained in sub-sec-

tion (1), the State l. Government may, by notific:atiun,

declate that any shop, establishment or person specified
in that sub-~ection shall no~ be exempt from the opera-

tirm of such p r o~·isio r s of this Ace as may be specified
in the noafication and that the provisions of this Act

specified in such notification shall apply to such shop,
establishment cr person,

Lxcmptioa

6. No cbilcl shall be employed in any shop, com-

al child.

mercial es tablishme nt, or establishment for public enter-
tainment or ammement .

Closing of

###### 7, ( l) Every shop sha1l be closed on on<: day in

shops.

each week.

(2) The State J Governmen t rna y, by notification,

r-;:quire in respect of every ~hop, or of any specified
class of shops that they shall be closed at such hour

a:. may be specified in t be afternoon of one specified day
in each week, in addititn to the day referred to in
sub-section (1):
Provided that, when there are conducted in a shop two

or more trades or businesses, 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 ·~ection ( 1).
(3) No deduction on account of any closure of a shop
under the provisions of sub-section ( i) or sub-section
(2) shall be made from the wages of any person
employed in such shop.

(4) The day on which a shop shall bt: closed in each
week under the provJsions of sub-section (I) shall be
such day as may be specified !by the shop-keeper in a
notice, which shall be displayed in a conspicuous
place in the shop:

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I. Substituted by A. 0., 1950 for "Provnicial"


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Provided that no shop-keeper shall, more often than

once in e~ ry three months, alter the day so specified.

Hours of 8. (1) No shop sha!l remain open after the hour of
works m

shop. seven o'clock post meridiem ; but any customer who

wa~ being, or wa1 waiting in the shop to be, sen·ed at
such hour may be served during the period of thirty
minutes immediately following such hour :

Provided thatf when there are conducted in a shop
two or more trades or business~ s, any of which is of
such a character that, if it wa9 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

_r._

0 1 tha t trade or busme;s is concerned, be exempt from

the operation o ~ this sub-section.
(2 ) No person employed in a shop !~hall be required

or permitted to work in such sh'.J P for more tban nine
hours in any one day, and for more than forty dght

hours~ in an y one week, and after the hour of seven

o'clock post meridiem.

. (3) No person employed in a shop shall be required

or permitted to work in such shop f(Jr more than

seven hours in any one day, unless he has been allowed
an interval for rest of at least one hour during that
day, such interva I to occur after the firsL four hours'
continuous w0rk.

(4) The periods of W1•rk and intervals for rest of each
person employed in a shop shall be arranged by the
shopkeeper so that together they do not extend over
. . more than twelve hours in any one day.

H olidays • 1 ~ 9. (lJ Every person emplo)ed in a commercial esta-

c~s~~jj~~-a blishment shall be allowed aJ holidays at l<' ast one and a
ments. half days _in_ each week :

Provided ·that, whrn there are conducted in a com·

mercia! est <~ blishment two or more trades or businesses,
any of which is of such a character that, if it was the
sole trc>cle or business therein conducted, the provisions
of this Act would not apply to that commercial esta·
blishment, such < ommercial estaL lishment shalL so
fas as the conduc ~ of that trade or business is con-
cerned, be exempt from the opel"ation of this sub-section.

(2) No deduct iO 'l on account of any holiday allowed

under the provisiuns of sub-sect ion ( 1) shall be rna de

from)he wages of any person employed in such commer-
cial establishment.

Holidays in 10. (l ) Notwithstanding anything contained in the A ~;:t XVIU

establish;rentWeekly2Holidays Act, 1942, every pe·son employed in an of [19]4[2]·
for pu~hc establishment for pubhc entertain rr·er: t cr am u!:ement

of entertamment amuser s 1a . e a oweu . 1 ll b 11 ..l os h I'd _o 1 ays at 1 east one an d a a h lf
ment days m each week:

2. Substituted for tLe wcrd s "fifty 1 errs·• by tl e ameHin:ent A ct }; I of lS64


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Provided that, when there ~re conducted in an
establishment for public entertainment or amusement
two or more trad es or businesses, any of which is of such
a character that, if it was the sole trade or business there-

in 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.
(2) No deduction on account of any holiday allowed
under the provisions of sub-section ( 1) shall l:e made
from the wages of am' person em ·>h yed in such establish-

ment for pu blic entf'rtainment or amusement. r

Ho~:~ of 11. (l) No p ~ rS ')n employed in an establishmeat for >1.

wor hlishments .. 1n esta- puo , 1' lC ente rtainment · _or amusements 1 1a 11_ b e requtre · d or
for public permitted to work in such establishment for more than
entertain- ten hours in any one day.

mt!nt or
amusement.

(2) No r-ers n employed in an establishment lor

public entertainment or amusement shall be required or
permitted to work in such establishment-

(a) for more than eight hours in any one day
unless he has been allowed an interval for
rest of at least ;>ne hour uuring that day,
and

(b) for more than six hours in any one day

unless he h:!~ been allowt"d an interval
for 1 est of at least half an hour during that
day.

(3) The periods of work ;.nd intervals for rest of
each person employed in ;.. n es tal.J lish<I'ent for Public

entertainm ent or amusement shall be arranged by the
employer of such person s) that together they do not
extend over more thar! fourteen hours in any one day.

Payment of 12. All wages p:1yable to any person employed in a
wages. shop, commercial establishment or establishment for
public enterta'nment or amusement shall be payable
not later than the tenth day of the month immediately

succeeding that in respect of which such wages are

payable.

Leave. 13. Every person employed in a. shop, commercial

establishment or establishment for public entertain-

ment or amusem ent shall be entitled-

(a) after every twelve months' continur.us

err;ployment, to privilege leave on full pay
for a total reriod not exceeding sixteen
days,


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!
## .

(b) in every year, to casual leave on full pay
for a total period not exceeding ten days,
and

(c)· after every twelve months' continuous
employment, to leave on medieal certificate
on half pay for a period not exceeding
one month, such certificate to be p· ovided
by a registered practitioner as defined in Assam Act I
clause (b) of section 2 of Assam Medical of 1919.
Act, 1916:

ProviOed that neither privilege leave admi.ssible
under clause {a) nor casual leave a:lmissible under
clause (b) shall be accumulated.

Holi~ays for 14. Every person employ eLl in a shop, commercial
rehgrous establishment or establishment for public entertain-

purposes. ment or amusement shall he entitled to leave of
absence for any days he may select, not exceeding
three in number in anv one year, for the purpose of
attending ceremonies or performing functions or duties
connected with or enjoined by his religion.

Maintenan- 15. (1) Every shop-keeper and employer of an

cdes of r.ector- establishment for public entertainment or amuse-
' reg1s ers l _r_ f h A . .

11[ad ][notices. ] [ment ] [shal ] [wr ][th][e purposes o ] [t ] !S ct mamtam such
records and registers, and display such notices, as
n.ay be prescribed.

(2) Every employer of a commercial e3tablishment

shall for the purposes of this Act maintain such
records and registers as may be prescribed.

Inspection. 16. (J) The State l Government may, by notifica-
tion, appoint such persons or such class of persons as
it thinks fit to be Inspectors for the purposes of this
Act within such local limits as it may assign to them
resp ('cthel y.
(2) All Inspectors appojnted under sub.section (1)

shall be deemed to be public serv-ants within the
meaning of section 21 of the In dian Penal Code, 1860. Act XLV ef

Powers of 17. S• ,bject as may be prescribed, an Inspector 1860.

Inspectcrs. appointed under section 16 may, for the purposes of
this Act and within the lcca1 limits for which he is
aJ>point...d, at all reasonable tirnes enter into any place
which 1s, or which he has reason to believe is, a shop or

a commocial establi~hment or an .establishment for
public entertainment or amusement, with such assis-
tants, being public servants, as may be prescribed, and
make such examination of that place ;; nd of any
record, register or notice maintained theH in under
the provisions of section 15 and may require such
explanation of any su h record, register or notice as he
may consider necessary for the purposes of this Act:

1. Substituted by A. 0., 1950 for "Provincial".


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Provided that no person shall be req;ired under this
section to answer any question or give any evidence

tending to criminate himself.

Pcnahies. l8 (1) Whoever, being an employer or shop-keeper,
contravenes any of th€ provisions of sections 7, 8, 9,
10 or 11 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
ofrence, may extend to five hun red rupees.
(2) Whoever, being a n employer or shop                   - eeper,

contravenes any of the provi sions of sections 6, 12,
13, 14 or 15 and whoever, having custody ofany
record, register or notice maintained under the pro·
visions of section 15, refuses or, without sufficient
cause, fails to produce it on being so required by an
ln5pector under the provisions of section 17, shall, ' . \
on conviction, be punishable with fine which may
extend to fifty rupees.

#### .

~ I

ProGcdurc. 19. (1 ) No Court inferior to a Magistrate of the
First Class shall try an offence punishable under this
Act.

(2) No Court shall take cognizance of an offence
punishable under this Act except upon complaint             -

# J

made by an Inspector appointed under section 16.

Indemnity. 20. No suit, prosecution or legal pr-oc~eding what-

ever shall lie against any person in respect of anything
in good faith done or intended to be done under this

Act or the rules.

. f 21. Noth ing in this Act shall affect any right or
S

c e r avmg t a in [0 ] pnv1 ege to w • "l h" lC h any person emp 1 oye m ad · ny s oh p,

rights and commercia l establishment or establishm ~nt fo r public

privilege•. entertainment or amusement is entitled at the date
of the comm encement of this Act under any other
law for the time being in force or undeJ: any contr act,
custom or usage which is in force on that date, if

such than any right rigor ht privileor privilege conferred uge is more favourable pon hto im him by '·'

1his Act.

Power to 22. (1) The State ~ Government may, after previous

make rules. publication, make rules for carrying out the pu r p o ~ es of

this Act.

(2) In making any rule under this section the Statel.

Government may direct that any person committing
a breach thereof shall, on conviction, be punishable
with fine, which may extend to fifty rupees, a nd
where the breaeh is a continuing one, with a further
fine which may ext.end to. ten rupees for every day,
after the first, durmg wh1ch the breach continues.

1. Substituted by A. 0., 1950 for '•Provincial",

AGP (Leg) 17[65-950-19-12-66.


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