LexThe Assam Shops and Establishment Act, 2022
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THE ASSAM GAZETTE
BIRIEE!
EXTRAORDINARY
e FEe Tal e
PUBLISBED BY THE AUTHORITY
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2 124 TiofT, wFFAIR, 21 706, 2025, 30 TS, 1946 (=)
No. 124 Dispur, Friday, 21st March, 2025, 30th Phalguna, 1946 (S. E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH
NOTIFICATION
The 21st March, 2025
No. LGL.239/2022/272.— The following Act of the Assam Legislative Assembly
which received the assent of the Hon'ble President of India on 13th March, 2025 is hereby
published for general information.
ASSAM ACT NO. I OF 2025 .
(Received the assent of the Hon'ble President of Xndia on 13th March, 2025)
THE ASSAM SHOPS AND ESTABLISHMENT ACT, 2022 «
906 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
Preamble
Short title, extent
and
commencement
Definitions
AN
ACT
to provide for regulations of conditions of employment and
other conditions of service of workers and employees in shops
and commercial establishments and establishments for public
amusentent or entertainment and other establishment and for
matters connected and incidental thereto.
Whereas it is expedient to provide for the regulation of
conditions of workers and employment in shops and commercial
establishments and establishments for public entertainment or
amusement or other establishment and matters connected
therewith and incidental thereto in the State of Assam.
It is hereby enacted in the Seventy- third Year of the
Republic of India as follows :-
1. (1) This Act may be called the Assam Shops and
Establishments Act, 2022.
(2) Itextends to the whole of the state of Assam.
(3) It shall come into force at once.
CHAPTER-1
PRELIMINARY
2. In this Acl, unless there is anything repugnant in the
subject or context,- .
(1) “Chief Facilitator” means the Chief Facilitator
appointed as such under section 23 of the Act;
(2) *“commercial establishment” means an establishment
which carries business of advertising, commission or
forwarding or commercial agency, & depariment or 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 induswial or comumercial
undertaking including one of public transport, an
insurance company, joint stock compeny, brokers
office or exchange, or such other establishment or
class thereof as the Covernment may, by
notification, declare to be a commercial
establishment - for the purposes of all or any of the
provisions of this Act, but does not inglude a shop or
an establishment for public entertainment or
amusement; i
(3) “day” means the period of twenty-four hours
beginning at midnight;
k-4
»
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 907
)
)
“employer” means an owner or a person who has
ultimate control over the affairs of a shop or an
establishment, and includes-
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(i)
(itf)
in the case of a fimy or association of
individuals, a pariner or member of the firm or
association;
in the case of a company, a director of the
company;
in the case of an establishment owned or
controlled by the Central Government or a
State Government or any local authority, the
person. or persons appointed to manage the
affairs of such shop or establishment by the
Central Government or the State Government
or the local authority, as the case may be;
“establishment” means an establishment which
carries on, any business, rade, manufacture or any
Jjournalistic or printing work, or business of banking,
insurance, stocks and shares, brokerage or exchange
or profession or any work in connection with, or
incidental or ancillary to, any business, trade or
profession or manufacture; and includes,-
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(iti)
(iv)
establishment of any medical practitioner
(including hospital, dispensary, clinic,
polyclinic, matemity home and such others),
architect, engineer, accountant, tax consultant
or any other techmical or professional
consultant;
a society registered under the Societies
Regiswration Act, 1860 and & charitable or
other uust, whether registered or not, which
carries on, whether for purposes of gain or not,
any business, trade or profession or work in
connection with or incidental or ancillary
thereto;
shop, residential hotel, restaurant, eating
house, theawe or other place of public
amusement or entertainment to whom the
provisions of the Factories Act, 1948 do not
apply;
such other establishment as the Government
may, by notilication in the Official Gazette,
declare 1o be an establishment for the purposcs
of this Act;
Central Act
No. XXI of
1860
Central Act
No. 63 of
1948
908 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
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(12)
13
14
sy
16
“establishment for public entertainment or
amusement” means a restaurant, eating house, cafe,
cinema, theatie and such other establishments or
class thereof as the Government may by notification,
declare to be, for the purposes of this Act, an
establishment for public enfertainment or
amusement, but does not include a shop or a
commercial establishiment;
“Facilitator” means a facilitator appointed under
section 23 of the Act;
“factory” means any premises and the precincts
thereof which is a factory within the meaning of
clause (m) of section 2 and section 85 of the
Factories Act, 1948;
“Government” means the Government of Assam;
“holiday” means a day on which a worker shall be
given a weekly off under the provisions of this Act;
“leave” means a leave mentioned under section 17
of this Act;
“local authority™ means,-
@) the Municipal Corporation constituted under
the Guwahati Municipal Corporation Act,
1969 or constitated or deemed to be
constituted under the Assam Municipal
Corporation Act, 2022;
(i) a Municipality constituted under the Assam
Municipal Act, 1956;
(iif) a Panchayat constituted under the Assam
Panchayat Act, 1994;
“member of the family of an employer” means the
wife, husband, son, daughier, father, mother, brother
or sister of an employer who lives with and is
dependent on such employer;
“notification™ means a notification published in the
Official Gazetie;
“opened” means opened for the”service of any
customer, or for any business of the establishment,
or for work, by or with the help of any worker of or
connected with the establishment;
“prescribed” means prescribed by rules made under
this Act;
Centra{ Act
No. 63 of
1948
Assam Act
No.1 of1973.
Assam Act
No.8 0f 2022
Assam Act
No.15of
1957
Assam Act
No.18 of
1994
»
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 909
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19
20)
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22
@23)
“prescribed authority” means the Commissioner of
Labour for the purpose of this Act;
“register of establishments® means a register
maintained for the registration of shops and
establishments under this Act, either manually or in
electronic format;
“registration certificate® means a certificate of
zegistration of a shop or establishment;
“shift” means where work of the same kind is
carried out by two or more sets of workers working
during different periods of the day, each of such sets
is called a group or relay and each of such period is
called a shift;
“shop” means any premises where goods are sold,
either by retail or wholesale or where services are
rendered to customers and includes an office, a
store-Toom, godown, warehouse or work place,
whether in the same premises or otherwise, mainly
used in connection with such trade or business, but
does not include a factory;
“spread-over” means the period between the
commencement and the termination of the work of a
worker on any day;
“wages” means all remuneration (whether by way of
salary, allowances or otherwise) expressed in terms
of money or capable of being so expressed which
would, if the terms of employment, express or
implied, were fulfilled, be payable to a person
employed in respect of his employment or of work
done in such employment, and includes,-
() any remuneration payable under any award or
settlement between the parties or under any
order of a court or tribunal;
(i) any remuneration to which the person
employed is entitled in respect of overtime
work or holidays or any leave period;
(iif) any additional remuneration payable under the
terms of employment (whether called a bonus
of by any other name);
(iv) any sum which, by reason of the termination
of employment of the person employed, is
Ppayable uider any law, contract or instrument
910 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
W
v
which provides for the payment of such sum,
whether with or without deductions;
any sum to which the person employed is
entitled under any scheme framed under any
law, for the time being in force; and
house rent allowance payable in cash, but does
not include,-
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any bonus, which does not form part of
the remuneration payable under the
terms of employment or which is not
payable under any award or settlement
between the parties or under any order of
a court;
the value of any accommodation, or of
the supply of light, water, medical
attendance or other amenity or of any
service excluded from the computation
of wages by a general or special order of
the Government;
any confribution paid by the employer to
any pension or provident fund, and the
interest which may have accrued
thereon;
any travelling allowance or the value of
any travelling coneession;
any sum paid to the employed person to
defray special expenses entailed to him
by the nature of his employment; or
any gratuity payable on the termination
of employment in cases other than those
specified in sub-clause (iv) above;
(24) “week” means a period of seven days beginning at
midnight on Saturday night or such other night as
may be approved in wilting for a particular area by
the Chief Facilitator or Facilitator;
{25) “worker” means any person including a person
engaged through an outsourcing agency (except an
apprentice under the Apprentices Act, 196I)
employed to do any manual, unskilled, skilled,
technical, operational or clerical work for hire or
reward, whether the terms of employment be express
or implied.
Central Act
52 of 1961
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 9i1
Act not to apply
to certain persons
and premises
Application of
the Act 1o other
establishments
and workers
Protection of
. tights of workers
under any other
law,
ete.
3. (1) The provisions of this Act shall not apply to,-
(@) a worker occupying position of confidential,
managerial or supervisory character in a shop
or in an establishment;
(b) establishments of the Central or the State
Government;
(¢) establishments of local authorities;
(d) offices of Reserve Bank of Indis;
(e} any establishment used for_the treatment or
care of the infirm, destitute or mentally unfit;
(£ amember of the family of an employer; and
(@ a worker whose work is inherently
intermittent.
(2) Alist of the workers referred to in clause (a) to (g)
of sub section (1) above, shall be displayed at a
conspicuous place and on the website of the shop or
establishment and a copy thereof shall be sent to the
Facilitator. : .
Notwithstanding anything contained in this Act, the
Government may, by notification in the Official Gazette,
declare any establishment or class of establishments to
which, or any worker or person or class of workers or
persons to whom, this Act or any of the provisions thereof
does not for the time being apply and to establishment or
class of establishments or a worker or a person or class of
‘workers or persons to which or whom this Act or any
provisions thercof with such modifications or adaptations _
as may in the opinion of the Government be necessary
shall apply from such date as may be specified in the
notification,
Nothing in this Act shall affect any right or privilege
which a worker in any shop or establishment is entitled to
at the date of commencement of this Act under any other
law, contract, custom or usage applicable to such shop or
establishment or any award, settlement or agreement
binding on the employer and the worker in such shop or
establishment, if such rights or privileges are more
favourable to him than those to which he would be entitled
under this Act.
912 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
Registration and
Issue of Labour
Identification
Number
CHAPTER-H
REGISTRATION OF SHOPS AND ESTABLISHMENTS
6. @
@
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On the commencement of this Act, every shop or
establishment employing five or more workers shall
apply online in a form as may be prescribed for
registration to the Chief Facilitator or any Facilitator
of the concerned area and obtain a Labour
Identification Number (LIN) within a period of sixty
(60) days from the date of opening of such shop or
establishment.
The shop or establishenent shall pay ontine along
with their application such fees and such self-
certified documents as may be prescribed,
containing:«
(i) the name of the Employer and the manager;
(ii) the postal address of the establishment;
(iii) the name, if any of the establishment;
(iv} the actual nature of the business of the
establishment;
(v) such other particylars as may be prescribed:
Provided that, nothing contained herein
above shall apply to the shops and establishments
already having valid registration under the Assam
Shops and Establishments Act, 1971 until the expiry
of their registration or renewal.
On receipt of the application along with the
documents and the fees, the Facilitator shall, register
the shop or establishment in the register of
establishments in such manner as may be prescribed
and shall issue online, in such form as may be
prescribed, a registration certificate or renewal
certificate along with the Labour Identification
Number (LIN) to the employer within a period of
fifteen (15) days fiom the date of receipt of such
application. The . Facilitator shall verify the
correctness of the application and documents
attached thereto within such time as may be
prescribed. The registration certificate shall be
produced whenever it is demanded by the Chief
Facilitator or Facilitator and shall be pre-dominantly
displayed at some conspicuous space of the shops
and establishments.
Assam Act
No. XXX of
1974
“
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 913
Intimation by
establishment
having less than
five workers
7.
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A registration certificate issued under sub-section (3)
above, shall remain in force from the date of issue
till the completion of five (5) years or change in
ownership or nature of business takes place. In case
of change in ownership or nature of business, the
employer of every establishment shall have to obtain
fresh registration certificate.
Within a period of sixty (60) days from the date of
the commencement of this Act or the date on which
establishment commences its business, the employer
of every establishment employing less than five
workers shall give an intimation of having
commenced the business to the Chief Facilitator and
Facilitator authorized on behalf of the Chief
Facilitator in whose jurisdiction the establishment is
located, by submitting online application, in the
presoribed form, together with such self-declaration
and self-certified documents, as may be prescribed,
containing details such as name of the employer and
manager, name and address ‘of the establishment,
nature of business, number of workers and such
other details as may be prescribed. The Facilitator
shall issue to the employer of such establishment, a
receipt of intimation in such form and manner as
may be prescribed. The details of the intimation
receipt shall be recorded omline in a register
“maintained in such form as may be prescribed:
Provided that if at any point of time the
number of workers engaged in the establishment
become five or more, then all provisions of this Act
shall apply to such establishment-and the employer
of such establishment shall have to obtain
registration as per the provisions of section 6 of this
Act:
Provided further that, nothing contained
herein above shall apply to the shops and
establishments already having valid registration
under the Assam Shops and Establishments Act,
1971 until the expiry of their registration.
Whoever, contravenes the provisions of this section
or rules framed thereunder shall be punishable with
a fine of rupees five thousand which may extend
upto rupees ten thousand.
Assam Act
No. XXT of
1974
914 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
Cancellation of
registration of
shops and
establishment
Change to be
comnunicated -
8.
(3) An application for the renewal of a registration
certificate shall be submitted online not less than
-thirty (30) days before the date of expiry of the
registration certificate or of the renewed registration
certificate, as the case may be, and shall be
accompanied by such fees, and the renewed
registration certificate shall be in such form, as may
" be prescribed. .
(4) If the application for the renewal of a registration
certificate is submitted after the expiry of the period
specified in sub-section (3) but within thirty (30)
days afer the date’ of expiry of the registration
certificate or of the renewed registration certificate,
as the case may be, such application shall be
accompanied by an additional fee as late fee equal to
-half of the fee payable for the remewal of a
registration certificate.
(5) In the event of any doubt or difference of opinion
between an employer and the Facilitator with respect
to any provisions of this Act, the Facilitator shall
refer the maiter to the prescribed authority which
shall, after inquiry as it thinks proper, decide the
matter and its decision shall be final for the purposes
of this Act.
At any time, if it is found or brought to the notice of the
Chief Facilitator and Facilitator that the registration of any
shop ~or establishment has been obtasined by
misrepresentation or suppression of material facts or by
submitting false or forged documents or false declaration
or by fraud, the Facilitator shall, after giving an
opportunity of being heard to the employer of the shop or
establishment, cancel the registration and remove such
shop or establishment from the register of establishments
in the manner es may be prescribed.
It shall be the duty of every employer to inform to the
Chief Facilitator or Facilitator in the prescribed form, any
change in any of the particulars contaived in the
application sibmitted under section 6 of this Act within
such period and such fees as may bk prescribed. The
Facilitator shall, on receiving such notice and the
prescribed fees along with the self-declaration of the
applicant and self-certified documents under sub-section
(2) of section 6, make the changes in the register of
establishments in accordance with such notice and shall
issue a fresh registration certificate online within a period
of fifteen (15) days.
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 915
Notice for closure 10.
of business
Prohibition of
discrimination of
‘women
Health and safety
of
worker
11,
12.
The employer shall inform, in such form and in such
manner, as may be prescribed, to the Chief Facilitator and
Facilitator within thirty (30) days from the date of closing
of the business that the shop or establishment has been
closed for business. The Facilitator on receiving the
information and on being safisfied about its correctness
shall remove the entry of such shop or establishment from
the register of establishments and cancel the registration
certificate;
Provided that, if the Facilitator does not receive the
information but he is otherwise satisfied that any shop or
establishment has been closed, he may remove the entry of
such shop and establishment from the register of
establishment and cancel such certificate.
CHAPTER III
DUTIES OF EMPLOYER
(1) No women worker shall be discriminated in the
matter of recruitment, training, transfer or promotion
or wages.
(2) No woman worker shall be required or allowed to
work in any establishment except between the hours
of 6 a.m. and 9 pm.:
Provided that, where the Government or any
person, authorized by it in this behalf, if satisfied
that the provisions of shelter, rest room, night
créche, ladies toilet, adequate protection of dignity,
honowr and safety, protection from sexual
harassment, and their transportation from the shop or
establishment 1o the door step of their residence
exists in such shop or establishment, it may, issue
order, after obtaining the consent of the women
worker, allowing her to work between 9 p.m. to 6
a.m. subject to such conditions as may be specified
in the notification.
(1) Every employer shall take such measures relating to
the health and safety of the worker including
cleanliness, lighting, ventilation and prevention of
fire as may be prescribed.
(2) Every employer shall be responsible for providing
constant adequate supervision of the worker
employed in the shop or establishment ang to ensure
the compliance with the rules relating to health and
safety made under sub-section ()-and for taking
steps necessary to prevent accidents.
916 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
Fixing of hours
of work and
spread over
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No adult worker shall be required or allowed to
work in a shop or establishment for more than forty-
eight hours in any week and nine howrs in a day and
no worker shall be asked to work continuously for
more than five hours unless he has been given a
break of not less than half an hour:
Provided that, the working hours or weekly
holiday may be relaxed in case of work of urgent
nature with the previous permission of the
Facilitator.
The total number of hours of work in a shift
including the rest interval shall not exceed four and
half hows in any shop or establishment and in case a
worker is entrusted with intermittent nature of work
or urgent work, the spread over shall not exceed
twelve hours.
Any working hour beyond nine hours a day or forty-
eight hours & week shall be treated as overtime and
the total number of overtime hours shall not exceed
one hundred and twenty-five hours in a period of
three months.
The Government shall subject to sub-section (1)
above,
(i) prescribe the number of hours of work which
shall constitute a normal working day for the
waorkers employed in the shop or
establishment, inclusive of one or more
specified intervals; and
(i) provide for a day of rest in every period of
seven days, which shall be allowed to all the
workers employed in the shop or establishment
and for the payment of remuncration in
respect of such days of rest.
The provisions of sub-sections (1) and (2) shall, in
relation to the following class of workers employed
in such shop or establishment, apply only to such
extent, and subject to such conditions, as may be
prescribed, namely:-
() workers engaged on urgent work, or in any
emergency which could not have been
foreseen or prevented;
(i) workers engaged in the nature of preperatory
or complementary work which must
necessarily be carried on outside the normat
hours of work laid down in the rules;
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 917
Payment of
wages for
overtime
wark
Shift working and 15,
overtime work
Furnishing of
Identity Card to
worker
14.
16.
(i) workers engaged in any work which for
technical reasons has to be completed before
the day is over;
(iv) workers engaged in a work which cannot be
carried on except at times dependent on the
irregular action for natural forces; and
(v) highly skilled workers (such as workers
working in the Establishments of Information’
Technology, Bio-Technology and Research
and Development Divisions),
Where a worker is required to work in a shop or
establishment beyond nine hours a day or forty eight hours
a week, he shall be entitled, in respect of the overtime
work, wages at the rate of twice his ordinary rate of
wages. The total number of overtime hours shall not
exceed one hundred and twenty-five hours in a period of
three months.
(1} A department or any section of a department of the
shop or shift establishment may work in more than
one shift at the discretion of the employer and if
more than one shift are worked, the worker may be
required to work in any shift at the discretion of the
employer.
(2) A shop or establishment may work on all days in a
week subject to the condition that every worker shall
be allowed weekly holiday of at least twenty-four
consecutive hours of rest.
@3) If a worker is denied weekly holiday, the
compensatory leave in lieu thereof shall be given
within two months of such weekly holiday.
(4) The period and hours of work in a week for all
classes of workers in such shift shall be informed to
all workers in writing and shall be sent to the
Facilitator electronically or otherwise.
(5) Where a worker is required to work on a day of his
rest, he shall be entitled to wages at the rate of twice
his ordinary rate of wages.
The cmployer of a shop or an establishment shall furnish
to every worker an identity card which shall be produced
by the worker on demand by Facilitator. Such Identity
Card shall contain particulars as may be prescribed.
918 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
CHAPTER IV
LEAVE WITH PAY AND PAYMENT OF WAGES
Annual leave, 17. (1)
casual and sick
leave and other
boliday
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Every worker shall be allowed a weekly holiday
with wages:
Provided that the Government may, by
notification in the Official Gazette, fix different days
as weekly holiday for different classes of shops and
establishments or areas.
Every worker shall be entitled to eight days casual
leave with wages in every calendar year which shall
be credited into the account of the worker on a
quarterly basis.
Every worker who has worked for a period of two
bundred and foity days or more in a shop or
establishment during a calenday ~year shall be
allowed during the subsequent calendar year, leave
with wages for a number of days calculated at the
rate of one day for every twenty days of work
performed by him during the previous caléndar year.
Every worker shall be permitted to accumulate
earned leave up to a maximum of forty-five days.
Where the employer refuses to sanction the leave
due when applicd fifteen days in advance, then the
worker shall have a right to encash the leave in
excess of forty-five days:
Provided that, if a worker is entitled to leave
other than casual and festival leave under this
section, is discharged by his employer before he has
been allowed the leave, or if, having applied for and
having been refused the leave, he quits his
employment on account of retirement, resignation,
death or permanent disability, the employer shall pay
him full wages for the period of leave duc to him.
Every worker shall be entitled to seven days leave
on medical ground with wages in every calendar
year which shall be credited into the account of the
worker in the beginning of the calendar year but
shall lapse if vnavailed at the end of the year.
A worker shall be entitled to eight days paid festival
holidays in a calendar year, namely, the 26th
January, 15th Augnst and 2™ October and five such
other festival holidays as may be agreed to between
the employer and the workers before the
commencement of the year. On these days, he shall
be paid wages at the rate equivalent to his ordinary
rate of wages excluding cvertime:
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 919
®
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(10)
Provided that, the employer may require any
worker to work in the shop or establishment on all or
any of these days, subject to the conditions that for
such work the worker shall be paid double the
amount of the ordinary rate of wages and also leave
on any other day in lieu of the compulsory holiday.
For the purpose of sub-section (3) above,-
(0 any days of lay-off, by agreement or contract
or as permissible under the model standing
orders or standing orders certified under
provisions of the Indusirial Employment
(Standing Orders) Act,1946;
() in the case of 2 woman worker, maternity
leave under the provisions of the Maternity
Benefits Act, 1961; ’
(ili) the leave eamed in the year prior to that in
which the leave is availed; or
(iv) the absence of the worker due to temporary
disablement caused by an accident arising out
of and in the course of his employment, shall
be deemed to be days on which the worker has
worked in the shop or estaBlishment for the
purpose of computation of the period of two
hundred and forty days or more, but shall not
earn leave for these days.
The leave admissible under sub-section (3) shall be
exclusive of all holidays whether occurring during or
either at the end of the period of leave.
Every worker shall be paid wages for the period of
his leave earned under sub-sections (3) and (4)
above at a rate equivalent to the daily average of his
wages for the days on which he actually worked
during the preceding three months, exclusive of any
earnings in respect of overtime.
CHAPTERV
WELFARE PROVISIONS
Drinking 18. Every employer shall make effective arrangement to
water provide and maintain at svilable points conveniently
situated for all workers employed in the shop or
establishment, a sufficient supply of wholesome drinking
‘water,
Central Act
No.20 of
1946,
Central Act
No.53 of
1961
920 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
Latrines and
Urinals
Créche facility
First-aid
Canteen
19,
20.
21
Every employer shall provide scparate sufficient rest-
room, latrine and urinal for men and women as may be
prescribed aud these shall be so conveniently situated as
may be accessibie for the workers employed in the shop or
establishment:
Provided that, sevcral employers may provide
common facilities of separate latrines and urinals for men
and women, in case il is not possible to provide such
facility individually, in a shop or establishment due to
constraint of space or otherwise.
In every shop or establishment wherein thirty or more
women workers or fifty or more woman workers are
ordinarily employed, there shall be provided and
maintained a suitable room or rooms as créche for the use
of children of such woman workers :
Provided that, if a group of establishments, so decide
to provide a common créche within a radius of one
kilometre, then, the same shall be permitted by the Chief
Facilitator, subject to such conditions as may be specified
in the order.
Bvery employer shall provide at the place of work first-aid
facilities as may be prescribed.
The employer shall provide and maintain in the shop or
establishment, wherein not less than one hundred workers
are employed or ordinarily employed to maintain a
canteen for the nse of its workers:
Provided that, if a group of shops or establishments
decide to provide a commeon canteen, then the same shall
be permitted by the Facilitator by an order, subject to such
conditions as may be specified in the order.
CHAPYER-VI
FACILITATORS AND THEIR POWERS AND FUNCTIONS
Appointment of
Chief Facilitator
and Facilitators
and their powers
Powers and
duties of the
Chief Facilitator
and the
Facilitator
23.
24,
The Government may by notification in the Official
Gazette appoint such person who possess such
qualifications as may be prescribed to be the Chief
Facilitator and Facilitator for the purposes of this Act and
may assign to them such local limit as may think fit:
Provided that the Government may, by
notification, appoint the Chief Facilitator as Facilitator
who shall in addition to the powers of a Chief Facilitator
under this Act, exercise the powers of a Facilitator as
assigned and areas as specified in the notification.
(1), The State Government may prescribe a scheme for
random inspection of shops and establishments
which may provide for generation of a web based
Inspection Schedule.
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 921
(2) Every Chief Facilitator and Facilitator appointed
@)
under section 23 shail be dcemed to be public
servanl within the meaning of section 21 of the
Indian Penal Code, 1860 and shall be officiaily
subordinate to such authority as the Government
may specify in this behalf,
Subject to such conditions as may be prescribed, the
Facilitator may, within the local limits for which he
is appointed-
(i) advice the employers and workers and provide
them such information as may be considered
necessary for complying with the provisions of
this Act effectively;
(ii) inspect the shops or establishments in
accordance with the scheme for inspection
referred to in sub-section (1) above, and may-
(a) enter at all reasonable time and with
such assistants, if any, being persons in
the service of the Government or of any
local authority as he thinks fit, any place
which is or which he has reason to
believe is a shop or establishment;
(b) make such examination of the premises
and of any prescribed registers, records
and notices, and take on the spot or
otherwise evidence of any persons as he
may deem necessary for carrying out the
purposes of this Act;
Central Act
No.45 of
1860
(c) examine any person who is found in any -
premises of the shop or establishment
and whom, the Facilitator has reasonable
cause to believe, is a worker of the shop
or establishment;
(d) require any person to give any
information, which is in his possession
with respect to the names and addresses
of the persons; ="
(e) search, seize or take copies of such
register, record of wages or notices or
portions thercof as he may consider
relevant in respect of an offence under
this Act and which he has reason to
believe has been committed by the
employer;
922 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
Maintenance of
Registers and
Returns
Annual Returns
25,
26.
@
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3)
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(f) ‘bring to the notice of the Government
defects found during inspection; and
(g) exercise such other powers, as may be
prescribed:
Provided that, no person shall be
compelled under this section to answer
any question or give any evidence
founding to indiscriminate himself.
Any person required to produce any document or to
give any information required by Chief Facilitator or
the Facilitator appointed under section 23 shall be
deemed to be legally bound to do so within the
meaning of sections 175 and 176 of the Indian Penal
Code, 1860.
The provisions of the Code of Criminal Procedure,
1973 shall, so far as may be, apply to the scarch or
seizure under sub-clause (e) of clanse (ii) of sub-
section (2) as they apply to the search or seizwre
made under the authority of a warrant issued under
section 94 of the said Code.
CHAPTER VI
RECORDS AND RETURNS
Every employer shall maintain the registers and
records, in such form and in such manner as may be
prescribed.
The records may be maintained electronically or
manually:
Provided that, at the time of inspection by a
Facilitator, a hard copy of such records, if
demanded, shall be submitted duly signed by the
employer or his representative.
Every employer and in his absence the manager
shall, on demand, produce for inspection of
Facilitator all registers, records and notices required
to be kept under and for the purposes of this Act.
All such registers and records shall be kept in the
premises of the shop or establishment to which they
relate.
The employer of a shop 4nd establishment shall furnish an
annual returns, in such a form and in such manner
(including in electronic formy), to such authority as may be
prescribed.
Central Act
Nod5 of
1860
Centraf Act
No2 of 1974
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 923
Penalty for 217.
contravention of
the provisions of
this Act
Penalty for 28.
contravention of
the provisions of
this Act which
resulted in
accident
Penalty for 29.
obstruction or
refusal to provide
register, efc.
Cognizance of 30.
offences by
companies
CHAPTER VI
OFFENCES AND PENALTIES
Whoever contravenes the provisions of this Act or the
rules made there under shall be punishable with fine which
may extend to rupees fifty thousand and in the case of a
continuing contravention, with an additional fine which
may extend to rupees two thousand for every day during
which such contravention continues:
Provided that, the total amount of fine shall not
exceed rpees two thousand per worker employed in a
shop or establishment.
Save as is otherwise expressly provided in this Act, where
an employer on being held guilly of contravention of any
of the provisions of this Act or any rules made there under
which has resulted in an accident causing serious bodily
injury or death of a woiker, shall be punishable with
imprisonment which may extend to six months or with
fine which shall not be less than rupees one lakh which
may be extended to rupees two lakhs or with both.
(1) Whoever wilfully obstructs the Facilitator in
exercise of any powers conferred on him by or under
this Act or refuses or wilfully neglects to afford the
Facilitator any reasomable facility for making any
inspection, examination, inquiry or investigation
authorised by or under this Act in relation to a shop
or an establishment, shall be punishable with fine
which may extend to rupees one lakh,
(2) Whoever wilfully refuses to produce on the demand
of the Facilitator any register or other document kept
in pursuance of this Act or the rules made there - .
under, or prevents or attempts to prevent or does
anything which be has reason to believe to prevent
any person from appearing before, or being
examined by the Facilitator acting in pursuance of
his duties under this Act, shall be punishable with
fine which may extend to rupees two lakhs:
Provided that the total amount of fine
shall not exceed two thousand rupees per worker
employed. .
(1) 1If the person committing an offence under this Actis
2 company, the company as well as every person in
charge of, and responsible to, the company for the
conduct of its business at the time of the cornmission
924 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
Cognizance of
offences
Compounding of - 32.
offences
3L
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&)
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of the offence shall be deemed to be guilty of the
offence and shall be liable to be proceeded against
and punished accordingly.
Notwithstanding anything contained in sub section (1) above, where an offence undershis Act has been
corumitted by a company and it is proved that the
offence has been committed with the consent or
connivance of, or that the commission of the offence
is attributable to any neglect vn the part of any
director, manager, managing agent or any other
officer of the company such director, manager,
managing agent or such other officer shall also be
deemed to be guilty of that offence and shall be
liable to be proceeded against and punished
accordingly.
Explanation, - For the purpose of this section, -
@ “company” means any body corporate and
includes a firm or other association of
individuals; and
(b) “Director” in relation to a firm, means a
pariner in the firm,
No court shall take cognizance of any offence
punishable under this Act and the rules made there
under unless a complaint in respect thereof is made
by the Facilitator within three months of the date on
which the alleged commission of the offence came
to the knowledge of the Facilitator and a complaint
is filed in that regard thereby: :
Provided that where the offence consists of
disobeying a written order made by a Facilitator,
complaint thereof may be made within six months of
the date on which the offence is alleged to have been
committed.
No Couxt inferior to that of a Judicial Magistrate of
“the first class shall try any offence punishable under
this Act or the rules made thereunder,
Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, a Judicial Magistrate of
the first class may impose fine and penalties as
provided under section 27 of this Act.
Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, any offence punishable
under this Act, not being an.offence punishable with
fine, may, on an application of the accused person,
Central Act
No.2 of
1974
Central Act
No.2 of
1974
»
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 925
@
3
“@)
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©)
either before or after the institution of any
prosecution, be compounded by a Gazetted officer,
as the Government may, by notification, in the
Official Gazette, specify, for a sum of fifty percent
of the maximum fine provided for such offence, in
the manner as may be prescribed.
Nothing contained in sub-section (1) above, shall
apply to an offence committed by a person for the
second time or thereafter within a period of five
years from the date-
(a) of commission of a similar offence which was
earlier compounded;
(b) of commission of similar offence for which
such person was earlier convjeted.
Every officer refetred to in sub-section (1) above,
shall exercise the powers to compound an offence,
subject to the direction, control and supervision of
the Government.
Every application for the compounding of an offence
shall be made in such form and manner as may be
prescribed.
Where any offence is compounded before the
institution of any prosecution, no prosecution shall
be instituted in relation to such offence, against the
offender in relation to whom the offence is so
compounded.
Where the composition of any offence is made after
the institution of any prosecution, such composition
shall be brought by the officer referred to in sub-
section (1) above, in writing to the notice of the
Court in which the prosecution is pending and on
such rotice of the composition of the offence being
given, the person against whom the offence so
compounded shall be discharged.
(7) Any person who fails to comply with an order made
by the officer referred to in sub-section (1) above,
shall be liable to pay a sum equivalent to twenty
percent of the maximum fine provided for the
offence, in addition to such fine.
(8) No offence punishable under the provisions of this
Act shall be compounded except under and in
accordance with the provisions of this section.
926 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
Protection of 33.
action taken in
good faith
Opening and 34,
closing hours
CHAPTER IX
MISCELLANEOUS
No suit, prosecution or other legal proceedings shall lie
against any public servant or any other person serving
under the Central or the State Government, acting under
direction of any such public servant, for anything in good
faith done or intended to be done in pursuance of the
provisions of this Act or of any rule made there under.
(1) Notwithstanding anything contained in this Act, any
shops or establishments if situated,-
@
@
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(iii)
(8) in Municipal Corporation Area, or
(b) onNational Highway, or
(c) on Railway platform, or
(d) at State Roadways bus station premises,
or
(e) in Hospital premises, or
(® on Pefrol Pumps, shall remain open 24
hours on any day of the week:
Provided that, the worker shall be
allowed to work in accordance with the
provisions of sections 13,15 and 17 of
this Act;
in Municipality area or on State Highway may
be opened except from 2.00 A.M to 6.00 A.M:
Provided that, the worker shall be
allowed to work in accordance with the
provisions of sections 13,15 and 17 of this Act;
in the areas other than the areas mentioned in
clauses (i) and (i) above, any shop or
establishment jn the districts or on minor
roads may be opened except from 11.00 BM.
t0 6.00 A.M: .
Provided that, the worker shall be
allowed to work in accordance with the
provisions of sections 13,15 and 17 of this
Act;
Notwithstanding anything contained in sub-section
(1), considering the circumstances relating to traffic,
public health, public safety, public nuisance or such
other reason which may affect law and order
situation, the hours for opening and closing of
927 . THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025
Power to grant
exemptions
Suspension of
the operation of
provisions of the
Act
Act not in
derogation of any
other law
Power to make
rules
35.
36.
38,
different classes of shops or establishments and for
different premises, shopping complex or mall or for
different area or areas and for different period may
be curtailed by such authoriExcerpt shown. Open the full act in Lexace.