The Assam Shops and Establishments Act, 1971

ASSAM ACT XXI OF 1974 
__, - (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 establis hments 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 Munic ipa lities as declared or constituted 
under the provisi on of the Assam Municio:il 
Act, 1956 and to all suc h 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 shop s, commercial esta­
blishments or establishments for public enter-
tainment or amusement in such other areas on 
such date or dates as the Stat e Government may, 
by notification , specify . 
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2 
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
plo ys in his servi.ce for training by himself or by 
any othe r person for any trade or calling : 
(2) "child" means a person who has not 
compl e_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 establ ishment ; 
(4) "commer cial establishment" means an 
est ablishm ent in which the re is con-
ducted the business of advertising, 
commiss ion, forwarding or commercial 
agenc y, a dt:partment of a factory in 
which persons are employed in a clerical capacity 
in any room or place where no manufacturing 
pro cess is bei ng carried on, a clerical department 
of any industrial or commercial undertak ing 
includin g one of public transport, an insurance 
comp any , joint stock company , brokers' office or 
exc hange , or such oth er establishment or class 
the reof as the Sta t e Government may, by noti­
fication, declare to be a commercial establish­
ment for the purposes of all or any of the 
provision of this Act, but does not include a 
shop or a n establishment for public entertain­
ment or amus eme nt ; 
(5) "day " means the period of twenty-four 
hours beginning at midni ght : 
Provide d t hat in the case of an em­
ployee whose hour of work extend beyond mid­
night, day means the perio d of twent y-four hours 
begi.nning when suc h employ ment comm ences ; 
(6) "employee " means a person wholly or 
nrincipallv empl oyed in and in connec t ion with 
any establishment and inclu des and apprent i.ce ; 
(1) "employe r" means a pen on ownin~ or 
having ultimate cont rol ove r the affairs of an 
establishment and incl udes the man:i.ger . a ~ent 
or other pers on acting in the gener al m anage­
ment; 
J' .-
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(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 No4.863 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" mean s an inspector ap­
pointed under this Act ; 
(13) "leave" means leave provided for in 
Chapter III of this Act ; 
(14) "notification means a notificati on 
published i.n the official Gazette ; 
(15) "opened" means opened for the ser­
vice of any customer or to any business conn ec­
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" mea n::; 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 
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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, ~~8 63 of 
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 includ es dearness and such other 
allowanc es 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 conta ined 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 travell ing, 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 a tions or classes thereof as the 
State Government mav. by notification, exempt 
~ .. om the operation of this Act ; 
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(e) clubs , residenti al hotels and boa r ­
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 men tally 
unfit : 
(h) shops or classes of shops dealing 
mainl y in vegetables , meat, fish , dairy products , 
bread, pastries, sweetmeat and flowers so far as 
the retail sales of these articles are concerned ; 
(i) pharmaci es or shops dealin g mainl y 
in medicines , surgical appliance s. band ages or 
oth er medical requisites so far as sales of thos e 
articles are concerned ; 
(j) shops deal ing in articles requir ed 
for funerals , burials or cremations so far as the 
sales o f tho se articl es are concerned ; 
(k) shops dealing in tob acco, ciga rs, 
cheroots, cigarettes , biri.s, pan , liquid refresh ­
ment sold in retail for consumption on the pre­
mises , ice . newspaper or periodic als so far as the 
sales of these articles are concerned ; 
(1) shops dealing in supplies , stores , 
or other art icles 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 reta il 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 part s for motor vehicles or cycles ; 
(q) excise shops; 
(r) establishments in mine and 
oilfield : 
6 
(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. Notw ithsta nding anything contained in 
Government S . 3 h S G b L"fi to apply the ect10n , t e 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 
Daily and 
Weekly 
hours. 
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 notifi cat ion 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 
6. No employee in any establishment shall be 
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 "ord inary 
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 art icles as the employee is for 
the time being entitled to, but does not include 
bonus. 
Interval foF 
rest. 8. The period of work of an employee in an 
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 int er val for rest of at least 
one hour. 
Sproad over 9. The periods of work of an emp loyee in an 
establishment shall be so fixed that , inclusive of 
his interval for rest, they shall not spr ead over 
more than ten and half hours in any .day. 
Op~in1 and 10. (1) No establishm ent shall on any day be 
closme opened earlier than and clo111ed later than i'Uch llours, hour as may be fixed by a gener al or special 
order of the Stat e 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 
immediatel y following such hou r. 
(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 . 
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11. (1) Every shop shall remain entirely closed 
for one day in each _week. 
Closing of 
shops and 
gra nts of 
weekly holi­
days for re- (2) The State Government may, by noti­
Iigious pur- ficati on require that in addition to one day 
poaes. ref erre d to in sub-section (1), every shop or any 
spe cified class of shops shall remain closed bet­
ween su ch hours in the afternoon of such days 
in eac h 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
bli shment for which the provision of this Act 
applies two or more trades or bus iness 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 ovis ion of this Section shall not apply to the 
establishments so far as the conduct of the trades 
or business usuall y conduct ed in a commercial 
establishment arc concerned. 
(3) No dedu ction on account of any closer 
of a s hop under the provis ions of sub-section (1) 
or sub-section (2) shaJl be made from the wages 
of a ny employ ee of such shop . 
(4) The day on which sh op shall be closed 
in each wee k under the provisions of sub-section 
(1) shall be such day as may be specified by the 
employer in a notic e, which shall be displayed 
in a conspicuous place in the shop : 
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 establ ishm ent shall be allowed as holidavs 
at least one and a half day in each week : • 
Provided that , when there are conducted 
in a commerci al establ ishment two or more 
t r ades or business , any of which is of such a 
character that , if it was th e sole trade or business 
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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 
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 bus iness 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 duti es connected with or enjoined 
by his religion. 
CHAPTER III 
LEAVE 
App llcadon 12. The provisio l'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 : 
• 
Act XVIII 
of 1942. 
10 
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 
accide nt 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 
und er sub-section (1) is discharged by his em­
ployer befor e 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 acciden t, 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 add i.tion tr-, the 
amount. if any . payable to him under sub-section 
(3). 
,_ 11 
(5) An employee shall be deemed to have 
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, refe rred 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 
al.faaoeo 
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 ·dispense witk the 
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. · 
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r (5) The -decisions of the appellate autho-
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 
Prohibition . or employ. 
ment of 
children . 
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 
19. No child shall be required or allowed to 
work in any establishment ~<:ept as an appren­
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 
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. 
• 14 
Precaution 22. Every employer shall take _proper precau­
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 jur isdiction 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 ceas t 
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. ' 
.. 
Powers and 
Duties of 
~ pectora. 
(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. 
26. Subject to any rul es made by the State 
Government in this behalf, an Inspector - may 
within the local limits for which he is appoin­
ted:-
Inspector tc 
be pubijo 
1crvant. 
15 
(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 requ ire d under 
this section to answer any question or t:ive any 
< v•ence tendin g to incriminate himself . 
27. Every Inspector appointed under sub ­
,. =ction (1) of Section 25 shall be deem ed 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 
orin•v~
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1
br the purposes of this Act. 
Penaltitt 
CHAPTER VIII 
OFFENCES, PENALTIES AND PROCEDU RE 
29. (1) Whoever contravenes any of thE pro­
visions of Secti ons 6, 8, 9, 10, 11, 13, 14, 18, 21 
and 22 shall , on conviction be punishable w ith 
fine, which for a first offen ce may extend to two 
hundred and fifty rupees and for a second or any 
subsequent offen ce 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 .sh all take cogni:,o;ance of any 
offence puni 1:ihablc under this Act or any rule 
or order made thereunder unle ss the complaint 
is made-
Act XLV 
of 1860. 
li 
(a) by the employee of an establishment 
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.. . .1 h. h 1 · t bl. h and privi- or pr1v1 ege w 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 author fty 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. 
- r 
17 
(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 empowe red 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 Gazett e, make rules for carry­
ing out the purposes of this Act. 
(2) In parti cular and wi.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 
man ner 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 rup ees 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 sess ion for a total period of fourteen days 
. 18 
which may be comprised in one session or in 
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 holi day 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 establ ishments 
·as afores aid 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. shm ent reg istere d under this Act. The registra-
tion shall be renewed every twelve months. 
(2) The application for registration or for 
renewal of registr ation 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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19 
(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 additiona l 
penalty at rupee one per day for each day of 
continued default after the expir y of the last 
date for submiss ion 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 
prescr ibed to the proper Authority. 
Rep:nl ad 37. (1) The Assam Shops and 
Saving. Act, 1948 is hereby repealed. 
Establishm ents Assam Act 
v !XIII of • 
1948. 
(2) N · h d ' h h Assam Act otw1t sta n mg t e repeal of t e XIII of 
Assam Shops and Establishme nts Act, 1948 any 1948. 
ord er 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 continu e 
to be in operation until cancelled or suspen ded 
by order made or notification issued under the 
corresponding provisi ons of this Act. -
A.G.P. Gau, l(G) 174 L. 3,000-16-11-74 

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