The Assam Shops and Establishments (Amendment) Act, 1979

-'!~ 120 
No. 120 
l~egistered No.-A·l.I. 
The Assam Gazett~ 
E>{TR.AC.1DlN ARY 
PUBLISHED BY AUTHORIT!." 
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R~~, -tf.r~~. 5 c ~. 1979, 15 ~~t ., t, 1901 'ff 
Dispur, Saturday, 5th May, 1979, 15th Vaisakha 
1901 (S. E.) - - -- ·-- ··-·- --·--- ---'-----'---- ========· -- - ·- ·---- ----- -
GOVERNMENT OF ASSAM 
ORDERS BY THE GOVER.NOB ' , ··': . 
t . LEGISLATIVE DEPARTMENT 
· ~ -
NOTIFICATION 
, . 
_ The 4th May 1979 
No. LGL. 2/78/34.-Th e followin g Act of the Assarn 
Legislative Assembly which received the assent of th e 
Governor is hereby publish ed for general information . 
746 THE ASSAM. GAZE'l'TE, ~XTRAORDlNARY,MA Y 5, 1979 
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ASSAM ACT X OF 1979 
(Received the assent of the Governor on 26th April; 1979), 
THE ASSAM SHOPS AND ESTABLISHMENTS 
(AMENDMENT) ACT, 1979. 
An 
Act 
to amend the Assam Shops and Establishments 
Act , 1971 (Assam Act XXI of 1974). 
• ... t ..;(_ .. ...~; '1.., 
, 1 
Prea mble. Whereas it is expedient to amend 
the Assam Shops and Establishments 
Act , 1971 (Assam Act XXI of 1974) · Assam Act ' XXI of 
hereinafter called the principal Act, in 1974. 
the manner hereinafter appearing; 
It is hereby enacted in the Thirtieth 
Year of the Republic of India as follows:-
Sho ~~~ t l e 1. (1) This Act may be called 
comm ence· the Assam Shops and Eitablishments 
m ent . (Amendment) Act, 1979. 
(2) It shall come into force at 
onc e. 
A men~me n t 2. In the principal Act, the Section of Section 3. . • 3 shall be substituted by the following, 
namely:-
"3. (1) Tlie provisions of Se~tions 10 
and 11 shall not apply to-
(a) shops or classes of shops dealing 
mainly in dairy product , bread , 
pastries , sweetmeat and flowers ; 
t b) pharmacies or shops dealing 
mainly in medicine~ . surgical 
appliances, bandages or other · 
medical requisites; 
.· rflE ASSAM GAZETTE, EXTRAORDINARY, MAY 5, n ·,9 747 
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(c) shops dealing ,mainly in articles 
required for funerals, burials or 
cremations as may be specified 
by the Inspectors within their 
respective jurisdictions; 
. J) shops dealing ih tobacco, cigars, 
cherosts, cigarettes, bidis, pan, 
iiquid refreshment sold irt retail 
for consumption on the premises, 
ice, news paper or periodicals; 
(e) barber's and hairdresser's shops. 
(2) Nothing contained in this Act 
&"_all apply to-
\:---;~"· ~~""~~ ;.,;~ . . , 
~°"" - (a) persons employed in any esta-
blishment in a position of 
management; 
(b) persons whose work mainly in­
volves travelling, and persons 
employed as canvassers and 
caretakers; 
(c) .establishments under the Cen_ 
tral or any State Government , 
local authorities, the Reserve . 
Bank of India or any other Bank, 
any Railway Administration and 
cantonment authorities; 
(d) any water transport service, or 
motor transport service, or any 
system of public conservancy or 
sanitation, any industry or busi­
ness or undertaking which supply 
power, light or water to the 
public and such other public uti­
lity companies or associations or 
classes thereof as · the State 
Governmen.t . may, by notification, 
exempt from the operation of 
this Act; · 
HS THE ASSAM GAZETTE, EXTRAORDINARY, MAY 5, 1979 ____ __ ___ _____________ ,,, ___ _ 
(e) stalls and refreshment 
· railway station, docks, 
and airports ; 
rooms at 
wharves 
(f) establishment for the treatment 
or care of the sick , infirm, desti­
tute or mentally unfit; 
(g) 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 anciliary to the main purpose 
of such exhibition or show ; 
(h) shops or stalls in any public fair 
or bazar held for charitable 
purposes; 
(i' shops or classes of shops dealing 
mainly in vegetables, meat and 
fish; 
(j) establishments 
oilfields ; 
in mine and 
(k) any person employed in a con ­
fidential capacity , messenger, 
watchman or exclusively in con­
nection with the collection, 
despatch , delivery and con­
vey ance or customs formalities 
of goods or such other persons or 
class es of persons as the State 
Government may, by notification , 
exempt from the operation of 
all or any of the provisions of 
this Act; 
(1) such seasonal commercial estab-
.lishments engaged in the purchase 
of raw jute or cotton ginning or 
cotton or jute pressing and the 
clerical department of such sea­
sonal factories and such other 
• J 
T'HE A~SAM GAZ ETT E. EXTRAORDINARY, MAY 5, li.tt 7*9 
--
establishmen ts as the Stat e 
Govern ment may, by notific ati on, 
exempt fr om the operation of all 
or any of the provisions of this 
Act." 
Amcn ~ment 3. In the principal Act, in ::)UO-
f Sec tion l l. secti on ( 4) of Sect ion 11, after the exis -
Lmg pi·oviso, the following proviso 
shall be inserted namely:-
"Provid ed further _ that the Inspec ­
tors may, by a written order, re qui re 
the shops in a particular area within 
their respe ctive jurisdiction, to be 
kept close d on a particular day as speci­
fied in the order." 
Amend ment 
of Sectio n 29 . 
4. In the principal Act, in Section 29,-
(a) the sub-sections 
shall be substituted 
following, namely :-
(1) and (2) 
by the 
"(l) Whoever contraven es any of the 
provisions of this Act or of any rules 
made ther eunder shall, on conviction, 
be punishable with imprisonments for 
a term which may extend to six months 
or with fine which may extend to one 
thousand rupees : 
Provided that for any second or 
subsequent offence, the employer shall 
be punishable with imprisonment only 
for a term which shall not be less than 
two months but may extend to six 
m.on ths; ,. 
7SO lTIE Al!SAM GAZETTE. EXTRAO RDlNAllY. MAY 5, 1~7~ 
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(b) the sub-sections (:3; Hnd ( 4 ) 
shall be respectivel y r enum­
bered as sub-sections (2) and (:3). 
Arn endm e11 1 5. In the principal Act , in S1 'Ction 
ofSection .... 4 h b · (3) h 11 ' · · l 34. 0 , t e su -sect10n s a oe m letea 
and sub-se ction (4) shall be renu ml)erect 
as sub-section (3). 
U. TAH BILDAR, 
Secy. to the Gcvt. of Assa m, 
Legisla tive Deptt. 
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') <\ t"HATI -Pri nted and publiabed by t he Supdt . ilc. , Assam G wt. Print in>\ P.-esa, 
(t::c-Ga"rtc) No.239-llS0-250+ 75-5-5. 1979. 

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