The ASSAM SHOPS AND ESTABLISHMENTS ACT,1948

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A~ ACT XIII OF 1948 
THE ASSAM SHOPS AND ESTABLISHMENTS ACT 
·l. 1948 
(Received the assent of the Governor on the 17th June 11)4.8) 
[Published in the Assam Gazette of the 30th June, 1948] 
Pr~amble . 
Short title, 
commerce­
ment !lnd 
application. 
An 
Act 
To provide for and regulate the holidays, pay­
ment of wages and leave of persons employed in 
shops, commercial establishments and establililh­
ments for public entertainment or amusement, 
and the hours of work of persons so employed. 
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 
estab li:hments for public entertainment or amusement, 
and the hours of work of persons so employed; 
It is hereby enacted as follows:-
I. l I) This Act may be called the As~ am Shops 
and Establishments Act, 1948. 
(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 
Act, 1923, and to [the area for the time being comprised 
within the Cantonment 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. 
Assam Act 
I of 1913. 
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 Exclud ed 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 advertisin g, commis sion, 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 inclu de 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 
amusem ent" means a restaurant, eating-house, cafe, 
cinema, theatre and such other est ,blishment or class 
there of as the State~ Government may, by notification, 
declar e 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 ' 'Provinch l". 
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(9) ''notifi cat=' n" means a notification published 
in the official Gazet te ; 
( 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 wholl y or principa!ly employed 
in conne ction 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 esta blishm ent for public 
entertainment or amusement, a person 
wholly or princip a lly employed in the 
preparation or serving of food, or drink, 
or in attend ance upon customers , or in 
cleaning any part of the estaltlishment, 
or the utensils used therein, or as attend­
a :.t, cashi er, clerk, doorkeeper, operator 
or usher, or in some othe r similar 
capa city, 
but does not incl ude a shop-keeper or employer 
or the husband , w ife, child, father, 
mot r1er brother or sister of a shop-kr:eper 
or emp loyer who lives with, and is depen­
dent on, such shop-keeper or employer ; 
( l i) "prescribel" m ':':an s prescrib ed by rul es; 
( 12) "rules" •neans r,des made under th is 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" me ans a person owning or h aving 
charge of the business of a shop, and includ es an 
agent or manager of, and an y o th er person acting 
on behalf of, such person in th e 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 est ablish­
ment which is not a shop or a commercial 
~stablishmen t. 
(2) The provisions of lhi s 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-
r ' 
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 ; 
1. Substituted by A. 0., 1950 for" Provincial" 
2, Substituted 'by A. 0., 1950 il•r ''any federal R ailway'' 
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(c) dubs, residen tial hotels and boarding-Louses; 
(d ) stalls and refreshment rooms at. railway 
stations, ducks, wharv es 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 emat ions so L:tr as the sale 
o! the ' e articl es is concerned ; 
(i) shops dealing in tobacco, cigars, cheeruots, 
cigarett ea, biri~, pan, liquid refre shments 
sold retail for consumption on the pre­
mises, ice, Lewspapers or periodic als, so 
f;, r as the sale of these articles is con­
cerned ; 
(j ) shops dealing in supplies, ~tores or other 
articles neces sary 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 suc h 
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". 
Lxcmptioa 
al child. 
Closing of 
shops. 
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( q) such season al 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 notifi cation, · 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 per son specified 
in th at 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, 
6. No cbilcl shall be employed in any shop, com­
mercial establis hme nt, or establishment for public enter­
tainm ent or ammem ent . 
7, ( l) Every shop sha1l be closed on on<: day in 
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 the y shall be closed at such hour 
a:. may be specified i n t be afternoon of one specified day 
in each week, in addi titn to the day referred to in 
sub -section (1): 
Provided that, when there are conducted in a shop two 
or more trades or bus inesses, 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. Substit uted by A. 0., 1950 for "Provnicial" 
7 
Provided that no shop-keeper shall, more often than 
Hours of 
works m 
shop. 
once in e ~ry thr ee months , alter the day so specified. 
8. (1) No shop sha!l remain open after the hour of 
seven o'clock post meridiem ; but any customer who 
wa~ being, or wa1 waitin g in the shop to be, sen·ed at 
such hour may be served during the period of thirty 
minutes immediately following such hour : 
Provided that f 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 bus iness 
therein conducted, th e provisions of this Act would not 
appl y to that shop, such shop sh all, so far as th e conduct 
0 1 tha t trad e or busme ;s is conc erned , be exempt from 
the operation o ~ this sub-section. 
(2) No person employed in a shop !~hall be required 
or permitt ed 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 lea st one hour du ring th a t 
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 twel ve hours in any one day. 
H olidays • 1 ~ 9. (lJ Every person emplo)e d 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 ·tha t, whrn there are conducted in a com· 
mercia! est <~ blishm ent t wo or more trades or businesses, 
any of which is of such a character that, if it was the 
sole trc>cle or busine ss therein conducted , the provisions 
of this Act would not apply to that comm ercial esta· 
blishment, such < omm ercia l estaLlishment shalL so 
fas as th e conduc ~ of th at t rade or busine ss is con­
cerned, be exempt from the opel"ation of this sub-section. 
(2) No dedu ctiO'l on account of any holiday all owed 
under the provisi uns of sub-sect ion ( 1) shall be rna de 
from)he wages of any perso n empl oyed in such commer­
cial establi shment. 
Holidays in 10. (l ) Notwithstanding anything cont ained in the A ~;:t XVIU 
establish;rentWeekly2Holi days Act, 1942, every pe·s on e mployed in a n of 1942· 
for pu~hc establishment for pubhc entertain rr·er:t cr am u!:ement 
entertamment 1 ll b 11 ..l h I'd 1 d h lf of amuser s 1a . e a oweu . os _o 1 ays at east one an a a 
ment days m each week: 
2. Substituted for tLe wcrd s "fifty 1 errs ·• by tl e ameH in:ent A ct }; I of lS64 
r. 
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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 charac ter 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-s ection ( 1) shall l:e made 
from the wages of am' person em ·>h yed in such establish­
ment for pu blic entf'rtainm ent or amusement. 
Ho~:~ of 11. (l) No p ~ rS ')n employed in an establishmeat for 
wor .. 1n esta- , 1' · 1 11 b · d hlishments puo lC ente rtainment or amusements 1a e requtre or 
for public pe rmitted to work in such establi shment 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 estal.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 da y. 
Payment of 12. All wages p:1yable to any person employed in a 
wages. shop , commercial est ablishment or establishment for 
public enterta'nment or amu sement 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 amus em ent shall be entitled-
(a) after every twelve months' continu r.us 
err;ployment, to privilege leave on full pay 
for a total reriod not exceeding sixteen 
days, 
r 
>1. 
! . 
(b) in every year, to casual leave on full pay 
for a total period not exceeding ten days, 
and 
(c)· after every twel ve 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 the 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 purpose s 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 with in the 
meanin g of section 21 of the In dian Pena l Code, 1860. Act XLV ef 
Powers of 17. S•,bject as may be prescribed, an Inspector 1860. 
Inspectcrs. appoin ted under section 16 may, for the purpose s 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 .establishme nt for 
public entertainment or amusement, with such assis­
tants, being public servant s, as may be prescribed, and 
make such examination of that place ;; nd of any 
record, register or notice maintained the H in under 
the provisions of section 15 and may require such 
explanatio n 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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Provi de d that no person shall be req;ired under this 
section to answer any question or give any evidence 
tendi ng to criminate himself. 
Pcnahies. l8 (1) Whoever, being an employer or shop-keeper, 
co ntrav enes any of th€ provisio ns of sections 7, 8, 9, 
10 or 11 shall, on convicti on, be puni shable with fine 
which, for a first offence, m ay extend to two hundred 
and fifty rupees and, for a s econd or any subsequent 
ofrence, may extend to five hun red rupees. 
(2) Whoever , bein g a n emp loyer or shop ·keeper, 
contrave nes any of t he provisions of sections 6, 12, 
13, 14 or 15 and whoever, having custody ofany 
record, register or no tice maintained unde r t he pro· 
visions of section 15, refuses or, witho ut sufficient 
caus e, fails to produ ce it on b eing so require d by an 
ln5 pector under the provisi ons of section 17, shall , 
on con victi on, be punishable with fine whic h may 
extend to fifty rupees. 
ProGcdurc. 19. (1 ) No Court inferior to a Magis tra te of the 
First Class shall try an offence puni sh able under this 
Act. 
(2) No Court shall take cogniz ance of an offence 
pun ishable unde r this Act except upon com plaint · 
made by an Inspector appoin ted under section 16. 
Indemnity. 20. No suit, prosecution or legal pr-oc~eding wh a t-
ever shall lie again st a ny perso n in resp ect of anything 
in good faith done or intend ed to be done under this 
Act or the rules. 
S . f 21. Noth ing i n this Act shall affect a ny right or 
avmg 0 • "l h" h 1 d · h c e r t a in pnv1 ege to w lC any person emp oye m any s op, 
rights and commerci a l e stablishment or establishm ~nt for pu blic 
privilege• . entertai nment or amusement is entitled at the dat e 
of the com m enceme nt of this Act under any other 
law for the time being in force or undeJ: any contract, 
custom or usage which is in force on that date , if 
such right or privil ege is more favourable to him 
than any right or privilege conferr ed u pon him by 
1his Act. 
Power to 22. (1) The State ~ Gove rnment may , after p revious 
make rules. publication, make rules for carr ying 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 there of shall, on conviction, be pu nishable 
with fine, which may extend to fifty rupe es, and 
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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