LexThe Manipur Shops and Establishment Act, 1972
Manipur · state statute
Open in Lexace · Ask the AI about this act(2)
It
extends
to
the
whole
of
the
State
of.Manipur.
THE
t'VIAN.l..PUR
SHOPS
AND
ESTA.llLISHJVlENTS
ACT,
1972.
l
Manipur
Act
4
of 1973
]
AN
ACT
to
provide
for
better
regulation
of
conditions
of
service
in
shops
and
establishments
and
for
purposes
pertaining
thereto.
BE
it
enacted
by
the
Legislature
of
Manipur
in the
Twentyfourth
Year
of
the
Republic;
of
India
as
follows
:-
CHAPTER
I
PRELIMINARY
1.
(1)
This
Act
may
be
called
the
Manipur
Shops
and
Establishments
Short
title,
Act,
1972.
extentand
commence-
ment.
/
'·
,
(3)
It
shall
come
into
force
on
such
date
as
the
State
Government
'1
may,
by
notification
in
the
Official
Gazette, appoint,
and
different dates
may
be
appointed
for
different
provisions
of
this Act
or
for
different
areas
or
for
different
classes
of
shops
or
establishments.
·
2.
In
this
Act,
unless
there
is
anything repugnant
in the
subject
or
context,
·
·
(1)
"apprentice"
means
a
person
who
is
employed,
whether
on
payment
of
wages
or
not,
for
the
purpose
of
being
trained in
any
trade,
craft,
business
or .employment
in
a
shop
or
an
esta
blishment;
I
(2)
"child"
means
a
person
who
has
not
completed
his twelfth
year
-of
age
;
(3)
"closed" means
not
open
for
the
service
of
any
customer
or
for
any
businesa
connected
with
a
shop
or
an
establishment
involving
work
by
an
employee;
Definitions,
(4)
"commercial
establishment"
means
an
establishment
which
carries
on
the
business,
trade
or
profession
of
advertising,
com
mission
agency,
·forwarding
or
commercial
agency
or
which
is
a
clerical
department
of
a
factory
or
of
any
industrial
or
com
mercial'
undertaking,
includes-
(
a)
an
establishment
undertaking
the
business,
trade
or
pro
fession,
of
public
transport
;
(5)
(6)
(b)
an
insurance
company,
joint
stock
company,
broker's
office
or
exchange ;
and
(c)
such
other
establishment
or
class
thereof
as
the
State
Goveca-
,
ment
-may,
by
notification
in
the
Official
Gazette,
doclari
to
be
a
commercial
establishment
for
thoJpurpoi:?
of
!?i?
Act;
.
.
but
does
not
include
a
shop
or
an
establishment for
pubha
entertainment
or
amusement
;
"day"
means
a
period
of
twenty-four
hours
beginning
at
midnight;
"employee"
means
a
person
wholly
or
principally
employed
in,
and
in
connection
with,
a
shop
or
an
establishment and
i•-
eludes
an
apprentice
but
does
not
include
a
member of the
em
ployer's
family
;
(7).
·
"employer'"
means a
person
having
charge
of,
or
owning
01·
having
ultimate
control
over
the
affairs
of
a
shop
or
an
establishment
and
includes
the
manager,
agent
or
other
person
acting
in the
general management
or
control
of
a
shop
or an
establishment;
(8)
"employer's family"
means
the
husband
or wife, children,
father
or
mother,
of the
employer
and includes
the
brother
or
sister,
brother's
son,
sister's
son;
daughter's son,
son's
sou,
of
such
employer
living
with,
and
dependent
on
him
;
(9)
"establishment"
means
a
commercial
establishment
or
an
esta
blishment for
public
entertainment
or
amusement
;
(10)
"establishment
for
public
entertainment
or
amusement"
means
a
restaurant,
eatinghouse,
cafe,
residential
hotel,
cinema.
theatro.
and such other
establishment
or
class
thereof
as
the
State
Govera
ment
may,
by
notification
in the
Official
Gazette,
declare
to
be,
for
the
purposes
of
this
Act,
an
establishment
for
public
enter
tainment
or
amusement,
but does
not
include
a
shop
or a com
mercial establishment
;
(11) "factory"
means
a
factory
as
'defined in
the
Factories
Aet,
194l
(63
of
1948)
;
-
(12)
"holiday"
means a.
day
on
which
a
shop
or an
establithmfl';t
shall remain
closed
or on
which
an
employee
shall
be
Jivtll
•
holiday
under the
p?ovisions
of this Act
;
.
.
(13)
"Inspector'?
means
an
Inspector
appointed
under this
AQf
;
(14)
.
"Official
Gazette"
means
the
Manipur
Gazette
;
(15)
(16)
P)
"opened"
means
opened
for the service
of
anyfcustom.er
or
for
any
business
connected
with
a
shop
or an
establishment
;
"period
of
work" means
the
time
during
which
an
1-mph?JH
is
at
the.
disposal
of
the
employer
;
·
"prescribed"
means
prescribed
by
rules mad,
und?r
jhis A?l
;
08)
-
(19)
(20)
(21)
"shop;'
means
any
premises
used
wholly
or
in
part
for
whole
sale
or
retail
sale of
commodities
or
articles,
either for
cash
or
on credit,
and such
other
premises
as
the State
Government
may,
by
notification
in
the
Official
Gazette,
declare
to
be
a
shop
for the
purposes
of
this
Act,
but
does
not
include
a
commercial
establishment
for
public
entertainment
or
amusement
;
"spread-over"
means
the
period
between the
commencement
and
the
termination
of
work in
an
establishment
on
any
day
;
"State
Government"
means
the State
Government of
Manipur
;
"Wage period",
in
relation
to
the
payment
of
wages
of
an
em
ployee,·
means a
wage
period
fixed
by
an
employer
under
section
16
in
respect
of
such
employee
;
(22)
"Wages"
means
wages
asdefined
in the
Payment
of
Wages A1.:t,
1936
(IV
of
1936)
and includes
any
allowance
to
which
an
em
ployee
is
for
the time
being
entitled
;
(23)
"Week"
means
a
period
of
seven
days beginning
at
midnight
of
Saturday night
;
(24)
"Year"
means
a
period
of
twelve months of the
Gregorian
Calen
dar
commencing
on
the
first
day
of
January
.
.
J.
(I):
Notwithstanding anything
contained
in
,
this
Act,
the Stats
Govemment
may,
by
notification in the
Official
Gazette,
declare
any
shop
or
any
establishment
or
any
class
thereof
to
be
a
shop
or
an
establishment,
(
as
the
case
may
be,
for the
purposes
of this
Act.
(2)
On
such
declaration under sub-section
(l)
the
shop
or
the
esta
blishment
specified
in the
notification
shall
be deemed
to
be
a
shop
or
an
e&tablishment,
as
the
case
may
be,
to
which this Act
applies,
and the
provisions
of this Act
shall
apply
to
such
a
shop
or
such
an
establishment.
4.
(1)
Nothing
in
this Act
shall
apply
to-
(a)
offices of the
Union
or
the State
Government
or
of local
authorities
and
of the Reserve
Bank of
India,
the
State
Bank
of
India and
other nationalised
banks
and
corporations
;
(b)
any
transport
service,
motor
service,
any
industry,
business
or
undertaking
which
supplies
power,
light
or water
to
the
public
and such other
public utility
corporate
bodies
and
associations
or
classes
thereof
as
the State
Government
may,
by
notification in the
Official
Gazette,
exempt
from
.
the
operation
of
this Act
;
(c)
establishments
run
by
the Union
or
the State
Government
:
(d)
establishments
for
the
treatment
or care
of
the
sick,
the
infirm
or
the
mentally
deranged;
and for the
benefit
of
the
destitute
;
(e)
pharmacies
or
shops dealing
mainly
in
medicines,
surgical
or
medical
applicances,
so
far
as
the
sale
of these
articles
is
concerned
;
·
(f) surgical
or
clinical
homes
;
Declaration
by
the State
Governtllent.
Act
not
·applicable
to
certain
s.hops
establish
ments
and
perSOlll.
4
(g)
shops
dealing
in
articles
required
for
funerals,
burials
or
cremations
so
far
as
the
sale
of
these articles
is concerned
;
(h)
(i)
(j)
(k)
(1)
shops
or
stalls
dealing
mainly
in
vegetables,
meat,
fish,
dairy
produce,
bread,
pastries,
sweetmeats,
flowers
so
far
as
the
retail
sale
of
these
article;
is
concerned
;
stalls
or
refreshment
roo
.ns
run
by,
or
with
the
permission
of,
the
Union
or
the
State
Government,
and situate
within
the
premises
or
precincts
of
institutions
belonging
to,
or
run
by
such
Government
;
shop,
stalls
or
refreshment rooms
in
any
public
exhibition
M
show, or
so
far
as
such shops,
stalls
or
refreshment
rooms
deal
in
retail
trade
which
is
solely
subsidiary
or
ancillary
to
the
main
purposes
of
such
exhibition
or
show
;
shops
or
stalls
in
any
public
fair
;
shops
or
establishments
dealing
in
petroleum
products
;
Suspension
of
provisions
of
the
Act.
Exemption
of
child.
Woman
and
young-man
to
work
only
between
7
a.
m.
and 7.
p.m.
(m)
excise
shops
;
(n) persons
whose
work
is
inherently
intermittent,
such
as
a
traveller,
a
canvasser,
a
watchman,
a
messenger
or
a
care
taker
;
(o)
persons
exclusively employed
in
connection with
the
collection,
despatch,
delivery
or
conveyance
of
goods
or
the
customs
formalities
thereof
;
and
'
•
(p)
such
other
shops,
establishments
or
persons
or
such
classes of
any
of
them
as
!
he
State
.Government
may,
by
notification
in
the
Official
Gazette
exempt
from the
operation
of all
or
any,
of
the
provisions
of this
Act.
.
·
(2)
Notwithstanding
anything
contained
in sub-section
(1),
the State
Government
may,
by
notification
in the
Official Gazette declare
that
any
shop,
estabiishment or
person
specified
in
that sub-section
shall
not
be
exempt
from
the
operation
of
such
provisions
of this Act
as
may
be
specified
in
the
notification
and
that
this
provisions
of this
Act
specified
in
such
notification
shall
apply
to
such
shop,
establishment
or-
person.
5.
Prior to
or
during
a
festival
or
other
special
occassions the
State
Government may
suspend,
by
order
notified in the
Official Gazette the
operation
of
all
or
??)1
of
t?e
provisioi;is
of
this Act for such
period°
and
·
subject
to
such
conditions
as
it
may
deem
fit.
.
CHAPTER II
EMPLOYMENT
OF
WOMAN AND
YOUNG-MAN
6.
No
child
shall
be
employed
in
any
shop
or
establishment.
7.
Notwithstanding
anything
contained in
this
Act,
no
man
who
has
not
attained
majority
unde?
the Indian
Majority Act,
1875
(IX
of
1875)
and
no
woman
shall
·
be
required
or
allowed
to
work whether
as an
employee
or
otherwise
in
a
shop
or
an
establishment before 7
ante
meridiem
and
after
1
post
meridiem.
-
(b)
8.
Notwithstanding anything
contained
in this
Act,-.
(a) no
man
who has
not
attained
majority
under
the Indian
Majo
rity
Act,
1875
(IX
of
1875)
and
no_
woman
shall
be
requ?red
or
allowed
to
work
as an
employee
in
a
shop
or an
establish
ment
for
more
than
seven
hours
in
a
day
or
forty-two
hours in
in
a
week
;
and
no
such
man
and
no woman
shall be
required
or
allowed
to
work
in
a
shop
or
an
establishment for
more
than
four
hours
con
tinuously
in
a
day
unless such
an
employee
has had
an
interval
for
rest
of
at
least
one
hour.
Explanation.-The
period
of "seven
hours"
or
"forty-two
hours"
referred
to
in
clause
(a)
does
not
include
the
intervals
for
rest.
CHAPTER
III
SHOPS
Daily
and
weekly
hours
of work for
woman
and
young-man.
Opening
·
and
closing
hours
of
shops.
9.
(l)
No
shop
shall
on
any
day
be
_opened
before
the
hour of
seven
o'clock
ante
meridiem
during
the
months of
September,
October,
November,
Decem
ber,
January
and
February,
and
before
the hour
of
six
O'clock
ante
meri
diem
during
the
months of
March,
April, May, June,
July
and
August:
(2)
.
No
shop
shall
on
any
day
remain
open
after the
hour
of
seven
O'clock
post
meridiem
during
the
months
of
September,
October,
November,
De
cember,
January
and
February,
and
after
the
hour of
eight
O'clock
post
meridiem
during
the
months of
March,
April,
May,
June,
July
and
August.
IO.
(1) Every
shop
shall
be
closed
on
one
day
in
each
week.
(?)
The State Government
may,
by
notification
in.
the
Official
Gazette,
?;°sst??s.dJy
require
in
respect
of
every
shop,
or
of
any
specific
class of
shops
that
it
shall
be closed
at
such hour
as
may
be
specified
in the
afternoon
of
one
specified
day
in each
week,in
addition
to
the
day
referred
toin
sub-section/I),
'
\
.·
(3)
The
day
on
which
a
shop
shall
be
closed
in each
week
under sub
section
(1)
shall be
specified
and
displayed
by
the
employer
in
a
conspicuous
place
in.the
shop:
Provided that
no
employer
shall; more
often than
once
in
a·
period
bf three
m:onths,
after
the
day
so
specified.
·
•
.
.
'(4)
No
deduction
shall
be
made
from
the
wages
of
any
employee
in
a
shop
on
account
of
any
day
on which
it has
remained
closed
under
this
section.
11.
(1)
No
employee
in
a
shop
shall be
required
or
allowed
to
work
.-
in
such
shop
for
more
than nine
hours in
a
day
and
for
more
than
forty
eight
hours
in
a
week
or
after
the
hours
prescribed
under
sub-section
(2)
of section
9.
·
(2)
An
employee
in
a
shop
shall be
allowed
an
interval
for
rest of
at
least
half
an
hour
after
every
three
hours of
continuous
work.
Hours
of
work
and
intervals.for
rest
in
shops.
(3)
The periods
of
work
and
intervals
for
rest
of
each
employee
in
a
shop
shall
be
so
arranged
by
the
employer
that together
they
do
not
extend
over
more
than
twelve·
hours
in a
day.
Explanation
.---The
period
of
"nine
hours" or
"fifty
hours"
referresi
to
in
sub-section
(I)
does
not
include
the
intervais.
for
rest.
·
CHAPTER
IV
ESTABLISHMENTS
Maximwrt
point
of
time
,
for
.!Pf9&<t-
_
over
inan
establish·
ment
for
publiccmt9·
taimncnt
or
ammemG.
15.
Notwithstanding
anything
contained
in
section
14,
the
spread-over
of an
establishment
for
public
entertainment
or
amusement
shall
not
extend,
beyond
12
mi.dnigbt.
-
12. (1)
Every
employee
in a
commercial
establishment
or
an
establish
ment
for
public
entertainment
or
amusement
sball
be
allowed
as
holiday
at
least
one
day
in
a
week.
·
(2)
No
deduction
shall
be
made
from
the
wages
of
any
employee
in
such
an
establishment
on.
account
of
any
holiday
under
this
section.
.
I3. (I)
No
employee
in
a
commercial
establishment
shall
be
required
or
permitted
to
work
in
such
establishment
for
more
than
seven
hours
in
a
day.
(2)
An
employee
in
a
commercial
establishment
shall
be
allowed
an
interval
for
rest
of at
least
half an
hour
after
the
first
three
or
four
hours,
as
may
be specified ?y
?he
employer,
of
continuous
work:
Provided
that
the
interval
for rest
in
the case
of
each
employee
shall
not
exceed
one
hour.
Explanation.-The
period
of
"seven
hours"
referred
to
in
sub-section
(1)
does
not
include
the.
interval
for
rest.
14. (\)
No
.
employee
in
an
establishment
for
public
entertainment
or
amusement
shall
be
required
or
allowed
to
work
in
such
establishment
for
more
than
ten
hours
in a
day.
(2)
An
employee
in
an
establishment
for
public
entertainment
or
amuse
ment
shall
be
allowed
an·interval
for rest
of at
least
half an
hour
after
every
three
or
four
hours,
as
may
be
specified
by
the
employer,
of
conlinuous
work.
·.
(3)
The
periods
of
work
and
intervals
for
rest
of
each
employee
in
art
establishment
for
public
entertainment
or
amusement
shall
be
so
arranged
by
the
employer
that
together
they
do
not
extend
over
more
than
twelve
hours
in
a
day.
Expla1tation.-The
period
of
"ten
hours"
mentioned
in
seb-section
(1)
does
not
include
the
intervals
for rest.
·
Hours
of
workand
interltls
for
,estinesta
bliments
for public
tntertain·
mentor
amusement.
HoorJ
of
?1'
andin
tertals
for
restin
com
mercial
esta
bfilbment,
Holidays
iii
utablish·
--"·
16.
Every
employer
shall
n.,
u
·pi.'ri,;d
1;1
respect
or'
which
wnges shall
payabie
to
the
empioyee
;
Provided
that
the
en,,.,luver
inav
Bx
diifcrenr
wage
periods
f01:
different
?mployees
OJ'
different
classes
of
en1p!oyee
:
Provided
further
that
no
wage
pc;riod
shall
exceed
one
month,
·17.
(1) All
wages
payable
to
an
employee
in
a
shop
or
an
establishment
Paymellt
of
shall
be
paid
by
hrs
employer
before
the
expiry
of
the
seventh
day
after
the
wqea.
last
day
of
the
wage period in
respect
of
which
the
wages
are
payable
:
.
Provided
that
in
case
an
employee is
absent
until
such
expiry the
wages
shall
be
paid
within
a
period
of
three
working
days
from
the
day
on
which
he
attends
for
work
again.
·
(2)
Where
an
employee in
a
shop or
an
establishment
is
required
to
work
in
excess
of
the
limits
of
hours
of
work
specified
in
section
1
J
or
section
13
or
section
14,
as
the
case
may
be,he
shall
be
entitled
in
respect
of
the
over.
time
work,
to
propo.rtionatt!"
wages
at
the
rate
of
twice
the
ordinary
rate
of
wages received
by
him
'for
the
time
being.
C3)
Where
the
service
of
an
employee is
terminated
by
or
on
behalf
of
his
employer,
or
where
it
is
terminated
on
account
of
the
closure
of
the
shop
or
the
establishment
for
any
reason
other
than
a
weekly
or
other
reco
gnised
holiday,
the
wages
earned
by
him
shall
be
paid
before
the
expiry
of
the
second
working
day
from
the
day on
which
his
service
is
terminated,
(4) All
payments
of
wages
shall
be
madt
on
a
working
day
at
or
near
the
place of
work
and
during
working
hours.
F;xplcmation.-The
provisions
contained
in
sub?section
(1)
shall
not
be
construed
as
a
bar
to the
payment
of
wages,
on
accouµt
of
a
festival
or
otherwise,
before
the
expiry
of
the
wage
period
in
respect
or
which
the
wases
are
payable.
·
18.
No
deductions
other
than
those
which
may
be
prescribed
shall
be
maoe
by
the
employer from
the
wages
of
bis
employee.
19.
An
employee
in
a
shop
or
an
establisb.men.t shall
be
entitled-
J.c4v.,
(a)
after
every
twelve
months'
continuous
service, to
privilege
leave
on full
wages
for
a
total
period of
one
month
;
(b)
in
every
year,
to
casual
leave
on
full
wages
for
.a
total
period
not
exceeding twelve
days
;
and
(c) after
every
twelve
months'
continuous
service,
to
sick
leave
on
half
wages
for
a
period
not
exceeding
one
month
on
the
certi
fication
of
registered
medical
practioner
whose
name
is
in
the
Indian
Medical
Council
Act,
1956
(CII
of
1956);
),•,wid?
j
.th
it
n
o
leave
admissible
under
this
section
shall
be
accnnnilated.
Limited
application
of
the
pay·
ment
or
Wages
Act,
1936.
Appoint
ment
of
inspectors.
Inspectors.
to
the
public
servant.
Powers
and
jurisdiction
of
an
Ins;
pector,
Explanationr--Ycs
the
purposes
of
this section,
an employee
shall
be
deemed
to
have
completed
a
period
of
twelve
months'
continuous
service
in
a
shop
or
an
establishment
notwithstanding
interruptions
in
the
service
during
those
twelve
months
caused
by
sickness,
accident
or
authorised
leave
not exceeding
ninety
days
in
the
aggregate
for
all
three,
or
by
a
lock-out
or
by
intermittent period
of
involuntary
unemployment
not
exceeding
thirty
days
in
the
aggregate,
and
authorised
leave
shall
be
deemed
not
to
include
any
weekly
holiday
aliowed
under
this
Act
which
occurs
at
the
beginning
or
end
of
an
interruption
caused
by
such
leave
..
20.
(1)
Notwithstanding
anything
contained
in
the
Payment
of
Wages
Act,
1936
(IV
of
1936),
herein
referred to
as
"the
said
Act",
the
Government
may,
by
notification
in
the
Official
Gazette,
direct
that
subject
to
the
pro
visions
of
sub-section
(2),
the
said
Act
shall
apply
to
such
shops
or
establish
ments
as
may
be
mentioned
in
that
notification.
(2)
On
the
application
of
the
provisions
of
the
said
Act to
any
shop
or
establishment
under
sub-section
(1),
the
Inspector
appointed
under
this
Act, shall
be
deemed to
be
the
Inspector
for
the
purpose
of
enforcement
-
of
the
provisions
of
the
said Act
within
the
local
limits
of
his
jurisdiction.
CHAPTER
VI
INSPECTION
AND
PENALTIES
21.
(1)
The
State
Government
may,
by
_notification
in
the
Official
Gazette, flppoint
such
persons
or
such
classes
of
persons
.as
it
may.
think
fit
to
be
Inspectors
for
the
purposes
of
this
Act
within
such
local
limits
as
it
may
assign
to
them
respectively.
(2)
The
State
Governme?t-
may,
by
notification- as
aforesaid,
appoint
any
person
to
be
the
Chief
Inspecting
Officer
who
shall,
in
addition to
such
powers
as
may
be
prescribed,
exercise
the
powers
of
an
Inspector
throughout
the
State.
-
22.
Every
Inspector
appointed
under
section
21
of
this
Act
shallbe
deemed
to
be
a
public
servant
within
the
meaning
of
section
21
ofthe
·
Indian
Penal
Code
(
Act
XL
V
of
1860).
-
23.
(1)
Subject
to
any
rules
made
under
this
Act
by
the
State
Govera
ment,
an
Inspector may
within
the
limits
ofhisjurisdiction-
(a)
enter,
during
such·
hours as
may be
prescribed
?nd
with..?uch
assistance,
if
arty,
as
may
be
necessary,
any
premises
which
is;;
or
which
he
has
reason
to
believe
as,
a
shop
or
an
establishn:tent
;
.
'
.
''
.
(b)
inspect·
any
registers,
other
.documents
and
notices
maintained
under
this
Act
or
the
rules
made
thereunder
;
1
( c)
record
on
the
spot
or
otherwise
the
statement
of
any
person
which
he
may
-consider
necessary
for
carrying
out
the
purposes
of
this
Act :-
·
·
Provided
that no
person
shall
be
compelled
to
answer
any
question
or
give
any
evidence
tending
to
incriminate-
himself
;
and
'-
.
(d)
exercise
such
other
powers
as
may
be
prescribed
for
carrying
out
the
purposes
of
this
Ac!,
9
(2)
The
Inspector
shall
for
the
purposes
of
any
inquiry
under
this
Act
have
the
same
powers
regarding
the
summoning
and
attendance
of
witnesses
and
'production
or
documents
as
a Civil
Court
has
under
the
Code
of
Civil
Procedure,
190:-;
(Y
of
1908).
24.
Any
person
who
voluntarily obstructs
an
Inspector
in
the
exercise
of
any
power
conferred
on
him
by or
under
this
Act
or
any
person
law
fully
assisting
an
Inspector
in
the
exercise
of
such
power
or
who
fails
without
sufficient
cause to
comply
with
any
lawful
direction
made
by
an
Inspector
shall
be
punishable with
imprisonment
which
may
extend
to six
months
or
with
fine
which
may
extend
to
two
hundred
and·fifty
rupees
or
with
both.
25.
Any
person
who
contravenes
any
provision
of
this
Act
or
any
rule
er
order
made
thereunder
shall,
if
no
other
penalty
is
provided for
the
affence,
be
punishable
with
a
fine
which
may
extend
to
two
hundred
and
fifty
rupees
for the
first
offence
and
to
five
hundred
rupees
for
every
subsequent
offence
after
the
first
conviction:
Provided
that
in
case
such
a
person
is
a
company
or
a
registered
part-
11.ership firm,
every
director,
partner,
manager
or
secretary
thereof
or
every
officer
thereof
who
functions
as
such
by
whatever
designation
shall,
unless
'
lle
proves
that the
contravention
took
place
without
his
knowledge
or
that
1le
exercised
due
diligence
to
prevent
such
contravention,
be
deemed
to
have
eommitted
such
contravention.
krL.
26.
(1)
No
Court
inferior
to
a
Magistrate
of the
First
Class
shall
try
bt:·a11.
offence
punishable
under
this
Act
or
rules
or
orders
made
thereunder.
(2)
No
Court
shall
take
cognizance
of
such
offence
except
on
a
complaint
made
by
an
Inspector
or
by
an
aggrieved
employee
in
a
shop
or
an
establish
ment
or
by
a
relative
of
such
an
employee,
including
his
legal
representative
in
the
case
of
a
minor
:
Provided
that
a
complaint
under
this
sub-section
shall
be
made
within
t
ninety days
from
the
date
on
which
the
offence
is
alleged
to
have
been
!
eommitted.
?
f
Explanation.,--For the
purposes
of
this
section,
"relative"
means
any
..
!
lineal
discendant
or
ascendant;
brother
or
sister, or
father-in-law,
or
mother-
{
in-law of
the
employee.
,
CHAPTER
VII
REMOVAL
AND
RE-EMPLOYMENT
Penalty for
obstructing
Inspector.
General
Penalties.
Cognizance
of
offences.
·27.
(1)
No
employee
in
a
shop
or
an
establishment,
who
has
been
,,·n
continuous
service
for
not
less
than
six
months
in
that
shop
or esta
':
;;??ent,
sh.all
be
discharged
from
his
service
except
for
a
reasonable
cause
'i
(a)
he
has
been
given
one
months'
notice
in
writing
indicating
the
reasons
for
discharge
and
the
period
of
notice
has
expired,
or
he
has
been
paid
in
lieu
of
notice, one
month's
wages
in
advance;
and
(b)
he
has
been
paid,
at the
time
of
discharge,
compensation which
shall
be
equivalent
to
fifteen
days'
wages
:
Discharge
ol
employees.
Re-emplpy.-
·
·
meat;of.di:;,0.,
charaed
eIJ1ployee.
Termination
of
service
by
or
on
behalf
of
emplo
yces.
10
Provided
that
no
notice
under
clause
(a)
shall
be
ne.::s..?·
cf
the
discharge
is
under
an
agreement
which
specified
a
date
for
:?::
:2?at:0r:
of
service ;
and
Provided
further
that
such
notice
shall
not
be
necessary
if
the
jjsci,.a:ge?
is on
a
charge
of
such
misconduct
as
may
be prescribed
or
on
his
.:onncrion
on
a
criminal
charge
involving
moral
turpitude.
(2)
A
discharge
done
against
the
provisions
of
sub-section
(I)
sh.ai.?
be
an
offence
under·
this
Act,
and
the
Court
shall,
without
prejudice
to aB?
other
provisions
of
this
Act,
have
power
to
give
relief
to
the
aggrieved
person
by
way
of
reinstatement
or
money
compensation
or
both.
Explanation.-For
the
purposes
of
this
section,
an
employee
shall
be
deemed
to
be
in
continuous
service
in
a
shop
or
an
establishment
notwith
standing-
any
interruption
in
the
service
caused
by
sickness,
accident,
llutho
rised
leave
or
lock-out,
or
by
intermittent
periods
of
involuntary
urtemple-y
ment,
and
authorised
leave
shall
be
deemed
not
to
include
any
w.eekly
helid,?Y
allowed-under
this
Act
which
occurs
at
the
beginning
or
end
of--an
irttetrup-
tion
caused
by
such
leave.
28.
(1)
No
employee
in
a
shop
or
an
establishment
shall
.terminate
his
service
unless
he
has given
to
the
employer
a
notice
in
writing
of
at l?ast
one
month.
'
.·•,
-
'
(2)
Where
an
employee
in
a
shop
or
an
establishment
c;Qn?r.?v?ae$
the
provision
of
sub-section
(1),
the
empioyer
may
foi:feit
any
:unpaid
w?git?:r?
:=:1:::?:s.fi::;
::y:?
esta))lish,ocnt
has
..
\><on
J
charged
under
section
27,
and
the.
employer
proposes
subseq??ntly
to.
take
i.a,to:the
shop
or
the
establishment,
as
the
case
may
be,
any
person'
as
aa
employee
thereof,
he
shall,
in
such
manner
as:
may
be
prescribed;
give
an
0p:r,ortunity
to:
the',
discharged
e:inployee
to
offer
himself
for r:e-erilployrp.elit,
and
such
discharged
employee,
as
offers
himself
for'
·re-employmenf,
shall
have
preference
over
other
persons
:
·
Pro.vided
that
in
case
the
discharged
employee
is
not
a
citizen/of-India
or
has
left
Manipur
without
giving
his
address
to
the
employer,
the"e'mplic,'ycr
shall
not
give
him
such
OJ?Por:tunity.
CHAPTER
VIII
MISCEL?ANEOUS
Annual
statement
of
the
emplo
yer
..
-
.
30.
(
l)
The
employer
of
a
shop
or
an
establishment
shall,
in
such
manner
..
,
as
may
be
pre?cr_ibed,
submit
to
the
Chief
}nsp_ectin?
OfpfCr,
;tfl,
AAUual \-1
statement
shO"".'lil?
the
number
of employees
in
_h1s
shop
Or
ei;:t?9\t?h,?e?h
the
·
rates
ot wages
and
other
benefits given
to
the.
'em,pl.9.Y,l';C?,
before
the
end
of
the
month
of
January
following
the
year
to
wliich,
thf
statement
relates.
.
-??
(2)
ln
case an
employer
fails,
without
reasonable
cause
to
the
satisfactioG
of
the
Chi?f
Inspecting,
Officer
to
submit
the
statement
as)r6vided
in
,ubwi
seetion
{1)
and
the
rules
made
thereunder,
he
sha11
be
liable
t'o
pay
a
nn•i
not
exceeding
ifty
rupees.
·
··
?
·1
i
1
(3)
Non-payment
of
such
a
rin,:;
,11a1!
be.
an
offence
punishable
uader
this Act
31.
(I)
The
employer
or
a
shop
or
an
establishment
shall
maintain
such
registers
and
other
documents.
and
display
such
notices,
a
smay
be
prescribed.
(2)
Such
employer
shall
on
demand
produce
for
inspection
of
an
Inspector,
all
registers,
documents
and notices
required
to
be
kept
under
or
for
the
purposes
or
this
Act.
32.
An
offence
under
this
Act
may
be
compounded
by
the
com-
.
plaina,nt
or
by
his
legal representative
in
the
case
of
a
minor,
and
thecomposition
shall
have the effect
of
acquittal
of the
accused with
whom
the
offence has
been
compounded
:
Provided
that if
the
complainant
is
an
Inspector,
se shall
Bot
com
po?nd
the
offence
without
.,_e
concurrence
of
the
employee,
if
any,
for
whose
benefit the
-cornplaint
was
made.
33.
All offences under
this Act
shall be
bailable.
3"4. No suit
or
any
other
legal
proceeding
shall
lie
against
any
person
in
respect
of
anything
done
in
good
faith
under
ihis
Act
or
rules
or
orders made thereunder.
35.
Notwithstanding
anything
contained
in
this
Act,
every
em
ployee
in
a
shop
or
an
establishment
shall
be
.
entitle
to
.leave
of
absence for three
national
holidays
and for
any
days
he.
may.
select,
.
.
not more
than
three in
number in
a
year,
for the
purpose
of
attending
)
eeremcnies
or
performing
functions
or
duties
connected with
or
en
?oincd
by
his
religious
faith.
Mainteaaace
of
registers,
etc.
Composition
of
offences
.
Bail.
lndemaity.
GClleral
holiday.
36.
The
employer
shall,
in
accordance with
rules
made
by
the
Provident
Sta,te
Government,
provide
a
provident·
fund
for the
benefit
of
every
F\iad
er
employee
in his
shop-
or
establishment
and
shall
contribute
to
this fund·
•
·
hiployecs,
aa
amount
of 6
1/4
percent
of the
total
wages
of
every
such
emyloyee:
?ovided
that this section
shall
apply only
to
such
places or
such
ela,sacs
of·
shops
or
establishment
as
may
by
notification
in the
Official
Gazette,
be
specified
in
that
behalf
by
the State
Government
;
and
Provided
further
that
such
employers
as
fail
.to
provide provident
fU;1ui.
ill..
$pite
of
such
a
notification
shall
be
.
punishable
with
impri-.
seament
which
may
.extend
to
six
months
or
with
a
fine
not
exceeding
Ive
h?dr?tj
r:u..?es,
or
with both.
:::B
ll1
·.41)
The.State
·Government
may,
by
notification
in.
the
Official
?? a,id.s.ubjcct
to
the
condition
of
previous
.publication
thcr?in,
ma.kc
niles
to
carry
out
the
purposes
of
this Act.
&
·
(2)
In
particular
and
without
prejudice
to the
generality
of
tae
lfi>regoing
power,
such rules
may
provide
for-
(
a)
the
special
circumstances
wherein
deductions
from
the·
wages
of
employees
may
be made
by
the
employCl'
;
(b)
the
_powers
of
the
Chief
Inspecting
Officer
un,cr swlr
!?!ton
(2)
of
section
21
;
(c)
the
powers
of
the
Inspectors, and
the
hours
during wbioh
tho
Inspector
can
enter
certain
premises, under
section
23
;
(
d)
the
manner
of
giving
opportunity
to
a
discharged
employee
for
offering
himself
for
re-employment
under
section
29
;
.
(e)
the
manner
of
submission
of
annual
statement
under
section
30
;
(f) the
registers
and
other
documents
to be
maintained
by
the
em
ployer
of
a
shop
or
an
establishment, and
the
notices
to
be
dis
played,
under
section
31,
and
the
mode
of
display
of
such
noti-c!I;
(g)
measures
of
sanitation,
proper
upkeep
and
ventili\tion
of
shops
and
establishments,
and
./
(h)
the
provident
fund
of
employees
in
a
shop
or
an
establisbmeas
under
section
36.
(3)
Every
rule
made
under
this
section
shall
be
laid,
as
soon
as
may
be
after
it
is.
made,
before
the
Legislative
Assembly
of
Manipur
while
it
iii
session
for
a total
period
of
fourteen
days
which
may
be
comprised
in
oae
session
or
in
two
successive
sessions
and
if,
before
the
expiry
of
the
session
.n
which
it
is
so
laid
or
in
the
session
immediately
following,
the
Assembly·
resolves
that
any
modification
be
made
in
the
rule
or
that
the
rule
should
.
not be
made,.
the
rule
shall
thereafter
have
effect
only
in
such
modified
fori»
·
01
be
of
no
effect,
as
the
case
may
be,
so
however, that
any
such.
modifi.c?ti-o11
or
annulment
shall
be
without
prejudice
to
tho
validity
of
anything
previolll'sJy
done
under
that
rule.
38.
The?ovisions
of
the
_Workmen's
Compensation
Act,
192]
(Yl!I
of
1923)
and
of
rules
made
thereunder
shall, mutatis
mutendis,
a.ppiy
to
every
.
employee-in
a
shop
or
an
establishment.
39.
On
and
from
the
date
on
which
this
Act
comes
into
operatioa
i:a
any
area
or
in
respect
of
any
class
of
shops or
establishments,
the
Weekly
Holidays
Act,
1942
(XVIII
of
1942)
shall
cease
to
apply
to
such
area
or
Slica
dass.
40:
·
Nothing
in
this
Act
shall
be
deemed
to
apply
to
any
persoa
cnapley?<t
in
a
factory
which
is
governed
by
the
Factories
Act,_
1948
(L
VIII
of
1948).
.
.
(2)
Anything
done
or
any
action taken
(including
any
not:itlcati-,
order,
rule,
form
made
or
issued)
under
the
repealed
Act
shall
in
so
far
aa
it is
not
inconsistent
with
the
provisiens
of
this
Act, continue
in
f
crce
'imlOil
and
until
it
is?superseded
by
anything
do:ne
or
any
a?ion
taken
m
acesr-
dance;..wi1h
?!A?
·
·
Persom
·emp1o,ect
m
factonesta
benotgo..
vemed
b7
this
A?
1lepeal and
41.
(I)
The
Assam
Shops
and
Establishments
Act,
1948
(Assut
A.ct
•vmss.
.,
XIII
of
1948) as
extended
to
Manipur
is
hereby
repealed?