LexThe Meghalaya Shops and Establishment Act, 2004 (Act No. 4 of 2004)
Meghalaya · state statute
Open in Lexace · Ask the AI about this actThe 10th March, 2004
No. LL (B) 129/93/48 - The Meghalaya Shops and Establishment Act, 2004 ( Act
No. 4 of 2004) is hereby published for general information.
MEGHALAYA ACT 4 OF 2004
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on the 2nd April, 2004
(Published in the Gazette of Meghalaya, Extra-ordinary dated 5th April, 2004
THE MEGHALAYA SHOPS AND ESTABLISHMENT ACT, 2004
An
Act
to provide for regulation of conditions of work and employment in shops and
commercial establishments and establishments for public entertainment or amusement
in the State of Meghalaya and for matters connected therewith.
Be it enacted by the Legislature of the State of Meghalaya in the Fifty-fourth Year of
the Republic of India as follows:-
Short title, extend 1 (1) This Act may be called the Meghalaya Shops and
and commencement Establishment Act 2003
(2) It extends to the whole of the State of Meghalaya.
(3) It shall come into force on such date as the State
Government may by notification in the Official Gazette,
appoint, and different dates may be appointed for different
areas or for different classes of shops or establishment
Definitions 2 In this Act, unless is everything repugnant to the subject or
context,
(a) “child” means a person who has completed his fourteenth
years;
(b) “closed” means not open for the service of any customer or
to any business connected with the establishment;
(c) “commercial establishment” means an establishment in
which there is conducted the business of advertising
commission forwarding or commercial agency a
department of a factory in which persons are employed in a
cliental capacity in any room or place or no manufacturing
process is being carried on a clerical department of any
industrial or commercial undertaking including public
transport any insurance company, joint stoc k company,
brokers office or exchange or such other establishment or
class thereof as the State Government may, by notification,
declared to be a commercial establishment for the purposes
of all or any of the provisions of this Act, but does not
include a shop or an establishment for public entertainment
or amusement;
(d) “day” means the period of twenty -four hours beginning at
midnight;
Provided that in the case of an employee whose hour or
work extend beyond midnight, “day” means the period of
twenty-four h ours beginning when such employment
commencement;
(e) “Employee” means a person employed either whole time
or part time whether directly or through any agency, and
whether for wages or other consideration or in connection
with any establishment an includes an apprentice but does
not include a member of the Employees Family;
(f) “employer” means a person owning or having ultimate
control over the affairs of an establishment and includes
the manager, agent or other person or other person acting
in the general management;
(g) “establishment” means a shop or a commercial
establishment or an establishment for public establishment
or amusement;
(h) “establishment for public entertainment or a amusement”
means a restaurant eatin, house, cate, cinema, theatre and
such other esta blishment or class thereof the State
Government may, by notification declare to be, for the
purposes of this Act an establishment for public
entertainment but does not include a shop or a commercial
establishment;
(i) “holiday” means a period of six consecutive hours between
the hours of half past seven O’clock and meridian and
seven O’clock past meridian.
(j) “Inspector” means an inspector appointed under section 19
or this Act;
(k) “leave” means leave provided in Section 11,12 & 13 of this
Act;
(l) “notification” means a notification published in the official
Gazette;
(m) “opened” means opened for the service of any customer or
to any business connection with the establishment;
(n) “prescribed” means prescribed by rules made under this
Act;
(o) “rules” means rules made by the State Government under
this Act;
(p) “shop” means any premises where goods are sold either by
retail or wholesale or where services are render ed to
customers and incl udes an office, a storeroom godown or
warehouse whether in the same premises or otherwise used
in connection with such trade or business, workshops
including automobile garages accumants establishment,
drawing and designing firms, solicitor’s establishment but
does not include a commercial establishment or a shop
attached to a Factory where the persons employee in the
shop are allowed the benefit provided for workers under
the Factories Act, 1948 (General Act No. 63 of 1948) or an
establishment for public entertainment or amusement;
(q) “Wages” means pay at whatever intervals paid and
includes dearness and such other allowance payable in
terms of money and includes the value of lodging and such
other amenities whose value is capable of being computed
in terms of money; and
(r) “week” means the period of seven days beginning at
midnight on Saturday night or such other night as may be
approved in writing for a particular area by the prescribed
authority;
Registration 3 (1) Every establishment shall be registered under this Act. The
registration shall be valid for calendar year and thereafter
shall be renewed for every calendar year.
(2) The application for registration or for renewal of
registration shall be made to the Labour Commissioner or
to such other officer as the Labour Commissioner may
authorise in this behalf in such forms and within such date
and containing such particulars as may be prescribed.
(3) The fees payable for registration or for renewal of
registration shall be such as may be prescribed by the State
Government.
(4) Where an establishment is registered under this Act or
when the registration of an establishment is renews there
shall be issued to the employer a certificate of registration
or a renewal certificate of registration as the case may be
containing such particulars as may be prescribed.
(5) The certificate of registration or the renewal certificate, as
the case may be, shall be kept prominently displayed at
some conspicuous place of the establishment.
(6) If any employer carries on business without a valid
registration certificate or after the expiry of the last date of
submission of application for registration or for renewal,
he shall be liable to pay a penalty equal to the free
prescribed for registration or renewal of registration as the
case may be plus an additional penalty at rupees five per
day for each day of continued default after the expiry of
the last date for submission of an application for
registration or renewal, as the case may be, and the said
penalty shall for the purpose of its recovery be deemed to
be fine imposed under this Act;
Provided that no employer shall be liable for any
penalty under this section if he has submitted a valid
application for a certificate of registration or renewal thereof
within the period prescribed to the proper authority;
Opening and 4 No establishment shall on any day be opened earlier than and
Closing hour closed later than at such hours as may be fixed by the State
Government by general or special orders.
Hour of work 5 (1) No employee shall be required or permitted to work for
more than eight hours on any day;
Provided that on any day in which stock taking and
preparation of account take place, an employee may be
allowed or permitted to work overtime, that the total
number of hours of work including overtime work shall not
exceed ten hours.
(2) No employee shall be required or permitted to work for
more than four hours or any day, unless he has been
allowed an interval for rest at least one hour:
Closing of shops 6 Every shop shall remain closed on one day in each week:
Provided that in addition to one day the State Government
may by notification require that any specified class of shops
shall remain closed between such hours in the afternoon or
such days in each week as may be satisfied;
Provided further that this section shall not apply to
(a) Shops or classes of shops dealing mainly in dairy product
breads, pastries, sweetmeats and flowers;
(b) Pharmacies or shop dealing mainly in medicines, surgical
appliances bandages or other medical requisites;
(c) Shops dealing mainly in articles required for funerals,
burials or cremations as may be specified by the inspectors
within their respective jurisdiction;
(d) Shops dealing in tobacco, cigar, cheroot, cigarettes,
biddies, pans, liquid refreshment sold in retail for
consumption on the premises, ice, newspaper or
periodicals; and
(e) Barber’s and hair dresser’s shops
Prohibition of 7 No child shall be employed in any establishment
employment of
Children
Prohibition of 8 No women or any person who has not attained the age of
employment of seventeen shall be required or allowed to work whether as an
women and persons employee otherwise in any establishment before 6 A.M or after
below seventeen 7 P. M
years during night “ Provided that the State Government shall by notification
in the Official Gazette relax the prohibition of employment of
women in certain establishment from the application of
Section 8 above”
Payment of Wages 9 (1) Every employer shall fix periods in respect of which wages
to the employees shall be payable and shall be responsible
for the payment to persons employed by him of all wages
required to be paid under this Act.
(2) No wages period so fixed shall exceed one month.
(3) The wages of every employee in any shop or establishment
shall be paid on a working day before the expiry of the
seventh day of the last day of the wage period in respect of
which wages are payable.
(4) All wages shall be paid in cash.
(5) Where the employee has been discharged, the wages
earned by him shall be paid before the expiry on the
second working day after the day on which he has been
discharged.
(6) No deduction shall be made from the wages on account of
closure of any establishment (or of any establishment) or
of any holiday allowed under this Act.
Wages overtime 10 An employee shall be entitled to wages at the rates of twice the
ordinary rate of wages in respect of overtime work.
Explanation- For the purpose of this section “Ordinary rate of
Wages” means the basic wages plus such allowance, including
the cash equivalent of the advantage occurring through the
supply of meals and the concessional sale to employee is of
food grains and other articles as the employee is for the time
being entitled to, but does not include bonus.
Annual leave with 11 (1) An employee shall be entitled after twelve months
Wages continuous service to privilege leave with wages for a
period of sixteen days in the subsequent period to twelve
months.
Provided that such privilege leave with wages may be
accumulated up to maximum period of thirty days.
(2) An employee shall also be entitled during every twelve
months of continuous service to medical leave with wages
for a period not exceeding twelve days on the round of any
sickness incurred or accident sustained by him and to
casual leave with wages for a period not exceeding twelve
days on any reasonable ground.
(3) If an employee entitled to any leave under sub- section (1)
is discharged by his employer before he has been allowed
the leave, or if having applied for and been refused the
leave, he quits his employment before be has been allowed
the leave, the employer shall pay him the wage s payable
under this Act in respect of the leave.
(4) If an employee entitled to any leave under sub- section (2)
is discharged by his employer when he is sick or suffering
from the result of an accident the employer shall pay him
the wages payable under this Act in respect of the period of
the leave to which he is entitled at the time of his
discharged in addition to the amount. If any payable to him
under sub- section (3)
Explanation- An employee shall be deemed to have
completed a period of twelve months continuous service
within the meaning of this section, notwithstanding any
interruption on services under these twelve months brought
about-
(a) By sickness, accident, or authorise leave including
authorised holidays, not exceeding ninety days in the
aggregate for all three; or
(b) By lock-out; or
(c) By strike is not an illegal or
(d) By intermittent periods of voluntary unemployment not
exceeding thirty days in the aggregate. Authorised
leave shall be deemed not to include any weekly
holiday allowed under this Act which occurs at the
beginning or end of an interruption brought by the
leave.
Weekly holiday for 12 Every employee in a commercial establishment and in an
employee in a establishment of public entertainment or amusement shall be
commercial allowed to avail holiday or at least one and half day in each
establishment for week.
public entertainment
of amusement.
Leave for attending 13 Every employee shall be entitled to leave of absence for any
religious ceremonies days, he may select not exceeding three in number in any one
etc year for the purpose of attending ceremonies or performing
function or duties connected with or enjoined by his religion.
Paid holiday 14 Every empl oyee in an establishment shall be granted a paid
holiday on each of the following occasions and on such other
days as may be notified by the State Government from time to
time declare-
(a) 26th January
(b) 1st May
(c) 15th August, and
(d) 2nd October,
Discharged of 15 (1) No employee who has been in continuous service for not
employees. less than six months shall be discharged from service except
for a reasonable cause and without giving such employee at
least one month’s notice or wages in lieu of such notice:
Provided howeve r that such notice shall not be
necessary where such employee is discharged on ground of
misconduct supported by satisfactory evidence recorded at
an inquiry held for purpose.
(2) An employee who has been discharged under sub-section (1)
may appeal to such appellate authority as may be prescribed
and within such time as may be prescribed either on the
ground than there is no reasonable cause or on the ground
that he had not been qualify of misconduct as held by the
employer.
(3) The appellate authority may, after giving notice to the
member as may be prescribed to the employer and the
employee, dismiss the appeal or direct the reinstatement of
the employee with or without wages for the period he was
kept out the employment or direct payment or compensation
without reinstatement or grant such other relief as may deem
fit in the circumstances of the case.
(4) In directing the reinstatement of an employee the appellate
authority shall also direct the payment of such amount of
compensation as may be specified by him in case the
employer fails to reinstate the employee in accordance with
the direction.
(5) The decision of the appellate authority shall be final and
binding on both the parties and be given effect to within
such time as may be specified in the order of the appellate
authority.
(6) Any compensation required to be paid by the employer
under sub- section (3) & (4) but not paid, shall for the
purpose of its recovery be deemed to be fined imposed
under this Act.
Cleanliness, 16 (1) The premises of every establishment shall be kept clean
ventilation and and free from affiviarising from any dria or privy or other
lightning nuisuance and shall be cleaned as such times and by such
methods as may be prescribed.
(2) The premises of every establishment shall be ventilated
and sufficiently lighted during all working hours, with such
standards and by such method or methods as may be
pr escribed.
(3) If it appears to an Inspector that the premises of any
establishment within his jurisdiction are not sufficiently
kept clean or lighted or ventilated he may serve on the
employer order in writing specifying the measures which
in his opinion would be adopted and requiring him to be
carried out before a specified date.
Precaution against 17 Every employer shall take proper precaution against fire in
fire. such manner as may be prescribed.
Appeals 18 Appeal against any order of the Inspector under Section 16 and
shall lie to such authority and within such time as may be
prescribed.
Appointment of 19 State Government may by notification in the official Gazette
Inspectors appoint such officer or such persons or they think fit to be
Inspectors for the purposes of this Act within such local limits
may assign to them respectively.
Powers and duties of 20 (1) Subject to the rules made by the State Government in this
Inspectors behalf an Inspector may within the local limits for which
he is appointed.
(a) Enter at any reasonable times with such assistants if any,
being persons in the service of the Government or any
local authority as the things fit; any place which is or
which he has reason to believe is an establishment;
(b) Make such inspection of the premi ses and of any
prescribed registers/ records and take notice on the spot
or otherwise evidence to any person as he may deem
necessary for carrying out the purpose of this Act; and
(c) Exercise such other powers as may be prescribed and
necessary for carrying out the purpose of this Act;
Provided that no one shall be required under this
section to answer any question or given evidence tending
to incriminate himself.
Inspector to be 21 Every Inspector appointed under sub- section (1) and (2) of
public servant Section 19 shall be deemed to be public servant within the
meaning of Section 21 of the Indian Penal Code (Act 45 of
1860)
Employer to 22 Every employer shall on demand produce for inspection of an
produce registers Inspector all registers records and notice required to be kept
records etc. For under and for the purposes of this Act.
inspection
Penalties 23 Whenever contravenes any of the provisions of this Act or any
rules made there under shall, on conviction be punishable with
imprisonment for the term which may extend of six months or
with fine which may extend to five thousand rupees;
Provided that for any second or subsequence offence the
employer shall be punishable with imprisonment only for a
term which shall not be less than two months but may extend
to six months.
Cognizance of 24 (1) No court shall take cognizance of any offence punishable
offence under this Act except on a complaint made-
(a) By the employee of an establishment either by himself
or through the registered trade union or voluntary
organisation within three months from the date on
which the offence is alleged to have been committed;
or
(b) By the Inspector within six months from the date on
which the alleged office comes to his knowledge.
(2) No court inferior to that of judicial Magistrate of the first
class shall try any offence punishable under this Act or any
rules or ordered made there under.
Maintenance of 25 Subject to the general or special orders of the State
registers and records Government and employer shall maintain such register and
and display of records and display on the premises of his establishment such
notice, noti ces as may be prescribed. All such registers and records
shall be kept in the premises of the establishment to which
they relate.
Protection of action 26 No suit, prosecution or other legal proceedings shall lie against
taken in good faith. any, person or State Government or such authority or anything
which is in good faith done or intended to be done under this
Act or any rule or order made hereunder.
Delegation of 27 (1) The State Government may, by notification in the official
Powers Gazette authorise any officer or authority subordinate to
them to exercise all or any of the powers vested in them by
or under this Act, except the power mentioned in Section
30 subject to such restriction and conditions, if any as may
be specified in the notification.
(2) The exercise of the powers delegated under sub -section (1)
shall the subject to control and revision by the State
Government or by such authority as may be empowered by
them in the behalf.
Power of 28 The State Government may, be notifications on account of
Government to such holiday or other occasion as may be prescribed suspend
suspend provisions the operation of all or any of the provisions of this Act in
of the Act during respect of any establishment for such period and subject to
fairs and festivals. such conditions as it may deem proper.
Exemption from 29 This Act shall not apply to:-
application of the (a) Persons employed in any establishment in a position of
Act. management
(b) Persons whose work mainly involves travelling and person
employed as canvassers and caretakers.
(c) Establishment under the Central or any State Government,
local authorities, the Reserve Bank of India or any other
Bank any Railways Administration and Cantonment
authorities.
(d) Any Water Transport Service or Major Transport Service
or any system of public conservancy or sanitation, any
industry or business undertaking which supply light or
water to the public and such other public utility companies
or associations or classes thereof as the State Government
may be notification exempt from the operation of this Act.
(e) Stalls and refreshment rooms at railway stations, docks,
whart and airports.
(f) Establishment for the treatment or care of the sick: infirms,
destiture or mentally unfit person.
(g) Shops or stails in any public exhibition or show so far as
such sh ops or stall, deal in retail trade which is solely
subsidiary or ancillary to the main purpose of such
exhibition or show.
(h) Shops or stalls in any public fair or bazar held for
charitable purposes.
(i) Shops or classes of shows dealing mainly in vegetable,
meat and fish.
(j) Establishment in mines and oilfields.
(k) Any person employed in confidential capacity, messenger
watchman or exclusively in connection with the collection,
despatch, delivery and conveyance or customs formalities
of goods or such other persons or classes or persons as the
State Government may by notification exempt from the
operation or all or any of the provisions of this Act; and
(l) Such seasonal commercial establishment engaged in the
purchase of raw jute or cotton ginning or cotton or jute
pressing and the clerical department of such seasonal
factories and such other establishment as the State
Government may by notification exempt from the
operation of all or any of the provisions of this Act.
Powers to Rules 30 (1) The State Government may, subject to the condition of
previous publication by notification in the official Gazette,
male or rules for carry out the purpose of this Act.
(2) In particular a nd without prejudice to the generally of the
foregoing power, such rules may, provide for all or any of
the following matter namely:-
i. Health safety welfare of employee, holidays for
occasion:
ii. The form and the date for application of registration of
renewal of certificate fees payable for such registration
or renewal
iii. The particulars with respect to certificate or registration
or renewal thereof.
iv. The manner of taking precaution against tire:
v. The setting of an appellate authority the limitation for
filling appeal and manner of giving notice: and
vi. Any other matter which has to be, or may be
prescribed.
vii. Every rule made under this section shall be laid before
the Meghalaya Legislative Assembly.
Repeal and Saving 31 (1) The Meghalaya Shops and establishment Act. (Assam Act
XIII 1948 as adapted by Meghalaya) is hereby repealed.
(2) Notwithstanding the repeal of the Meghalaya Shops and
Establishment Act (Assam Act XIII 1948 as adapted by
Meghalaya) any order made, any notification issued or any
action taken under the Act so repealed shall be deemed to
have been made or taken under the corresponding
provisions of this Act and shall continue to be in operation
until cancelled or suspended by order made or notification
issued under the corresponding provisions of this Act.
L.M.SANGMA
Dy. Secy. to the Govt. Of Meghalaya,
Law (B) Department.
The 12th May, 2004
CORRIGENDUM
No. LL (B) 129/93/20- The figures “2004” ap pearing in Notification No. LL (B)
129/93/18 dated 10th March, 2004 shall be read as figure “2003”.
L.M.SANGMA
Dy. Secy. to the Govt. Of Meghalaya,
Law (B) Department.