The Sikkim Shops and Commercial Establishment Act,1983

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C;()VERi\J~'1ENT C;;\ZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 35 Gangtok, Monday, March 7, 1983.
SIKKIM LEGISLATIVE ASSEMBLY SECRETARIAT
NOTIFICATION
No. SLASj82-83j1467j204. Dated Gangtok, the 3rd March, 1983.
In pursuance of Rule 75 of the Rules of Procedure and Conduct of Business in the
Sikkim Legislative Assembly, the Speaker has been pleased to order the pre-publication of the
following Bill:-
THE SIKKIM SHOPS AND COMMERCIAL ESTABLISHMENTS BILL, 1983.
(BILL NO.2 OF 1983).
A
BILL
to provide for the regulation of conditions of work and employment in shops,
commercial establishments, residential hotels, restaurants, eating houses, theatres, other
places of public amusement or entertainment and other establishments and for matters
connected therewith or incidental thereto.
Be it enacted by the Legis]ature of Sikkim in the Thirty-fourth Year of the
Republic of India as follows :-
CHAPTER I - Preliminary.
1 • This Act may be called The Sikkim Shops and Commercial Establishments Short title, Extent,
Act, 1983. 0P7ration and Appli-
cation,
It extends to the whole of Stkkirn.
2.
It shall come into force on such date as the State Government may, by
notification, appoint and different dates may be appointed for different
provisions of this Act and for different areas or different classes of
establishments.
Definitions.- Inthis Act, unless the context otherwise requires, -
(I) "apprentice" means a person aged not less than fourteen years who is
employed, whether on payment of wages or not, for the purpose of being
trained in any trade, business or employment in any establishments;
"Chief Inspector" means the Chief Inspector appointed under
Section 68 (2).
Definitions.
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(~)
12 of 1978.
2
"Child" means a person who has not completed his fourteenth ye'
"closed" means not open for the services of any customer or for any
other purpose whatsoever relating to business ;
"commercial establishments" means an establishment which carries on
any business, trade, profession or any work in connection with, inci-
dental or ancillary to, any business, trade or profession and includes _
(a) a society registered or deemed to have been registered under
the Slkkirn Co-operative Societies Act, r978,
and a charitable or other trust, whether registered or not, any
business, trade, profession or work in connection with or inci-
dental or ancillary to such business, trade or profession;
(b) an establishment which carries on the business of advertising,
commission agency, forwarding or commercial agency or which
is a clerical department of a factory or of any industrial or com-
mercial undertaking ;
(c) an insurance company, joint stock company, bank, broker's
office and exchange; but does not include a factory, shop,
residential hotel, restaurant, eating house, theatre or other
place of public amusement or entertainment ;
(6) "day" means the period of twenty-four hours beginning at midnight :
Provided that in the case of an employee whose hours of work extend beyond
midnight, clay means the periods of twenty-four hours beginning whom such employment
commences irrespective of midnight;
(7) "employer" mens a person owing or having ultimate control over the
affairs of an establishment and includes the manager, agent or any other
person acting in the general management or control of such establish-
ment ;
(8) "establiEhment" means a shop, commercial establishment, residential
hotel, restaurant, eating house, theatre, or other place of public amuse-
ment or entertainment and includes such other establishment as the
State Government may, by notification, declare to be an establishment
for the purposes of this Act ;
"factory" means any premises which is a factory within the meaning
of the Factories Act, 1948 or which is deemed to be a factory under
section 85 of the said Act;
"goods" includes all materials, cornrn rdittes, and articles;
"holidays" means a day on which an establishment shall remain closed
or on which an employee shall be given holiday under provisions of
this Act ;
"Inspector" means an Inspector appointed under this Act;
"leave" means leave as provided for in Chapter VIII of this Act;
"local area" means any area or combination of areas to which this Act
applies ;
"Local Authority" means the Gangtok Municipal Corporation consti-
tuted under the Gangtok Municipal Corporation Act, 197 S, and
includes any other body which the State Government may, by notifica-
tion, declare to be local authority for the purposes of this Act ;
"manager" rncans a person declared to be a manager uncier section 6;
"member of the family of an employer" means the husband, wife, son,
daughter,father,mother,brother,sisterofanemployerwho lives with
and is dependent on such employer ;
(r 8) "notification" means a notification published in the Official
Gazette;
(19) "opened" means opened for the services of any costumer for any
business of the establishment, for work, by or with the help of
any employee of or connected with the establishment;
(9)
63 of 1948.
(10)
(II)
(12)
(13)
(14)
(r 5)
4 of 1975.
(16)
(I])
..
"

3
(20) "period of work" means the time during which an employee
is at the disposal of the employer;
(2 I) "prescribed" means prescribed by rules made under this Act ;
(22) "prescribed authority" means the authority prescribed under
the rules made under this Act ;
3·
(23) "register of establishment" means a register maintained for the
registration of an establishment ;
(2+) "registt-ation certificate" means a certificate showing the regis-
tration of an establishment ;
(2S) "residential hotel" means any premises in which a bonafide business
is carried on of supplying for payment lodging or board and lod-
ging to travellers and other members of the public on payment
and includes a residential club ;
(26) "restaurant" and eating house" means any premises in which is
carried on wholly or principally the business of the supply of
meals or refreshments to the public or a class of the public for
consumption on the premises ;
(27) "shop" means any premises where goods are sold, either by
retail or whole or where services are rendered to customers, and
includes on office, a store room, godown, warehouse or work
place whether in the same premises or otherwise used in con-
nection with such trade or business but does not include a factory,
a commercial establishment, residential hotel, restaurant, eating
house, theatre or other place of public amusement or entertain-
ment ;
(28) "spread over" means the period between the:commencement
and the termination of the work of an employee on any day ;
(29) "theatre" includes any premises intended principally or wholly
for the exhibition of pictures or ther optical effects by means of
cinematograph or other suitable apparatus or for dramatic perfo-
mances or for any other public amusement or enter~ainment ;
(30) 'wages" means wages as defined in the Payment of Wages Act, 4 of 1936.
1936 ; ,
(3 I) "week" means the period of seven days beginning at midnight
at saturday ;
"year" means a year commencing on the first day of Jaunuary ;
"young person" means a person who is not a child and has not
completed his seventeenth year.
Reference to the time of day in this Act are reference to 'Indian Standard
Time.
References to time
of day.
+. Nothing contained in this Act shall apply to-
a person whose work is inherently interrnittant such as a travel-
ler, canvasser, watchman or a caretaker;
offices of the Central or State Government or of local authori-
ties, or the State Bank of India, the State Bank of Sikkim and the
Life Insurance Corporation ;
establishment for treatment or care of the sick, infirm, destitute
or mentally unfit persons ;
bazars, fairs or exhibitions for the sale of works for charitable
or other purposes from which profit is derived;
stalls and refreshments rooms at railway stations or railway din-
Act not applicable to
certain persons and
establishments.
(b)
(c)
Cd)
(e)
ing cars ;
(f) clubs not being residential clubs ;
(g) any commerci al establishment carrying on the business of trans-
port of passengers and goods by motor vehicles and 'persons ex-
clusively employed in relation to such business ;

power of State
Government to exempt.
Registration of Estab- 6.
lishments.
Suspension and 7.
revocation of licence.
4
(h) offices of lawyers; and
(i) any other class of es tablishments or class of persons which e
State Government may, by notification, exempt from the optra-
tion of this Act.
s. The State Government, may, if satisfied that the public interest so re-
quires or that the circumtances of any establishment are such that it would be just and
proper so to do, by notification, exempt either permanently or for any specified period,
any establishment or class of establishments or person or class of persons to which or to ,
whom this Act applies, from all or any of its provisions, subject to such restrictions and,
conditions as the State Government may specify in the notification.
CHAPTER II
REGISTRATION OF ESTABLISHMENTS
Every establishment to which this Act applies shall be registered in accor-
dance with the provisions of this section.
Within thirty days from the date on which the Act applies to an establish-
ment, the employer shall send to the Chief Inspector, a statement in a
prescribed form, together with such fees as may be prescried containing ;-
(a) the name of the employer and the manager, if any;
(b) postal address of the establishment;
(c) the name, if any, of the establishment;
(d) the category of the establishment, i.e. whether it is a shop, com-
mercial establishment, residential hotel, restaurant, e'ating house,
theatre or the place of public amusement or entertainment ; and
(e) such other particulars as may be prescribed.
On the receipt of the statement and the fees, the Chief Inspector on being
satisfied about the correctness of the statements made therein, shall re-
gister an establishment in the register of establishments and shall issue
in the prescribed form, a registration certificate to the employer. The
registration certificate shall be displayed at a conspicuous place in the
establishment.
(4-) Registration certificate granted under sub-section (2), shall be valid upto
the end of the year for which it is granted. An application for the re-
newal of a registration certificate shall be submitted not less than fifteen
days before the date of expiry of the registration certificate or of the re-
newed registration, as the case may be, and shall be accompanied by such
fees as may be prescribed and the renewed registration certificate shall .
be in such form, as may be prescribed.
(5) ,In the event of any doubt or difference of opinion between an employe r
and the Inspector as to the category to which an establishment should be-
long, the Inspector shall refer the matter to the Chief Inspector, who shall,
after such inquiry as he thinks proper, decide the category of such estab-
lishment and his decision shall be final for the purposes of this Act.
(2)
(r) The Chief Inspector may suspend or revoke a licence granted under this
Act and may for that purpose require the holder of licence by notice in
writing to deliver up the licence to it or to any other officer within such
time as may be specified in the notice.
The Chief Inspector may, by an order in writing, suspend a licence, for
such period as he thinks fit or revoke a licence,-
(a) if he deems it necessary in the interest of the public safety to sus-
pend or revoke the licence j or
(b) if the licence was obtained by suppression of material information I
or on the basis of wrong information provided by the holder of the
licence or any other person on his behalf at the time of sending
an application for the licence; or
,
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(c) if the holder of licence has failed to comply with notice under
sub-section (r) requiring him to deliver up the licence.
(3) The Chief Inspector may also revoke a licence on the application of the
holder thereof.
Where the Chief Inspector makes an order suspending or revoking a
licence under sub-section (2) he shall record in writing the reasons there-/
of and furnish to the holder of licence on demand a brief statement of the
same.
(5) A Court convicting the holder of licence of any offence under this Act
or rules made thereunder may also suspend or revoke a licence :
Provided that if the conviction is set aside in appeal or otherwise, the suspension
or revocation shall be final.
(6) On the suspension or revocation of licence under this section, the holder
thereof shall without delay surrender the licence to the authority by
whom it has been suspended or revoked or to such other authority as may
be specified in this behalf in the order of suspension or revocation.
S. (I) Any person aggrieved by an order of the Chief Inspector refusing to grant Appeals.
a licence or by an order of the Chief Inspector suspending or revoking
a licence may prefer an appeal against the order to the Secretary in the
Department of Labour of the State Government within thirty days from
the date of commencement of the order of refusal, suspension or revocation,
as the case may be :
Provided that an appeal may be admitted after the expiry of the period of thirty
days if the appellant satisfies the Secretary that he was prevented by sufficient cause from
preferring the appeal within the said period.
(2) Every appeal under this section shall be made by a petition in writing and
shall be accompanied by a brief statement of the reasons for the order
appealed against where such statement has been furnished by the appellant
and by such fees as may be, prescribed.
(3) No appeal filed under this section shall be disposed of until the appellant
is given reasonable opportunity of being heard.
(4-) Every order of the Appellate Authority confirming, modifying or re-
versing the order appealed against shall be final.
CHAPTER III
SHOPS AND COMMERICIAL ESTABLISHMENT
9· (r) No shop- Opening hours oj
shops.
10. (I)
(a) dealing wholly in milk, vegetables, fruits, fish, meat, bread or
any other goods notified by the State Government shall on any
day be opened earlier than 5 a.m.
(b) other than those specified in clause (a), shall on any day be opened
earlier than 7 a.m.
Subject to the provisions of sub-section (r) the State Government may fix
different opening hours for different classes of shops or for different areas
or for different periods of the year.
No shop-
(a) other than those specified in clause (b) of this sub-section shall
on any day be kept open after 7 p.m.
(b) dealing mainly in the sale of pan, bidis, cigarettes, safety matches
and other ancillary articles shall, on any day, be kept open after
9 p.m:
Provided that any customer who' was being served or was waiting
to be served at such closing hour in any shop may be served in such shop
during the quarter of an hour immediately following such hour.
Closing hours of
shops.

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Hawking prohibited I I •
before opening and
after closing hours
.- of shops.
Subject to the provision of sub-section (I), the State Government may
fix earlier closing hours for different classes of shops or different areas r+
for different periods of the year. .. -
No person shall carryon in or adjacent to a street or a public place the
sale of any goods before the opening and after the closing hours fixed under
sections 10 and II and for the shop dealing in the same class of goods in
the locality in which such street or public place is situated:
Opening and closing 12.
hours of commercial
establishments.
Provided that nothing in this section shall apply to the sale of
newspapers.
(2) Any person contravening the provisions of sub-section (I) shall be liable
to have his goods seized by an Inspecto r .
(3) The goods seized under sub-section (2) shall be returned to the person
from whom they were seized on his depositing rupees fifty as security for
his appearance in the court.
(4-) If the person fails to make the deposit, the goods seized shall be produced
without delay before a Magistrate who may give such directions as to their
temporary custody as he thinks fit.
Where no prosecution is instituted for contravention of the provisions
of sub-section (I) within such period as the Magistrate may fix, in this
behalf, the Magistrate shall direct their return to the person from whom
they were seized.
Subject to the provisions of sub-section (5), the provisions of any law
relating to the criminal procedure for the time being in force, shall, so
far as they may be applicable, apply to the disposal of the goods seized
under this section.
No commerci al establishment shall on any day be opened earlier than 8.30
a.m. and kept open after 9.30 p.m.
(5)
(6)
Interval for rest.
Subject to the provisions of sub-section (I), the State Government may
fix different opening or closing hours for different classes of commercial
establishments or for different areas or for different periods of the year.
Subject to the provisions of this Act, no employee shall be required or
allowed to work in any shop or commercial establishment for more than
nine hours in any day and forty eight hours in any week.
Anyemployee may be required to work in a shop or comme~cial estab-
lishment for any period in excess of the limit fixed under sub-section (I)
if such periods does not exceed three hours in any week.
On not more than six days in a year which the State Goverment may fix
by rules made in this behalf, for purposes of making of accounts, stock
taking settlements or other prescribed occasions, any employee may be
required or allowed to work in a shop or commercial establishment in
excess of the period under sub-section (I) if such period does not exceed
twenty four hours.
14. The period of work of an employee in a shop or commercial establishment each
day shall be so fixed that no period of continuous work shall exceed five hours or and that
no employee shalJ be required or allowed to work for more than five hours before he has
had an interval for rest of at least one hour :
Daily and weekly 13.
hours of work in
commercial establish-
ments.
Spread over in shop. 1s.
P;ovided that-
(a) in the case of employee in a commercial establishment engaged in any
lTlanufactUl-ing process, interval for rest shall be at least halt an hour j
and
(b) in the case of any other employee the State Government may, on an
application made in that behalf by the employees concerned, permit the
reduction of the interval for rest to half an hour.
The spread over of an employee in a shop shall not exceed eleven hours in any
day:

7
Provided that where an employee on any day in accordance with the provi-
sions of sub-section (2) of seation 13, the spread over shall not exceed fourteen
hours in any such day and where he works on any day in accordance with the
provisions of sub-section (3) of the said section, the spread over shall not ex-
ceed sixteen hours in any such day.
16. . The spread over of an employee in a commercial establishment shall not exceed
eleven hours in any day :
Provided that the State Government may, by notification, increase the spread
over period subject to such conditions as it may impose either generally or in the case
of a particular commercial establishment or a class or classes of commercial establishment.
17. (I) Every shop Ofestablishment shall ~emain closed on one day of the week.
The employer shall choose any day of the week and shall fix such day at the beginning
of the year or within thirty days in case establishment comes into existence at some time
during the year other than the beginning of the year, notify it to the Inspector and specify
it in a notice prominently displayed at a conspicuous place in the shop or establishment
and shall be maintained in a clean and legible condition.
(2) Notwithstanding anything contained in sub-section (r) the Government
may, by notification in the Government Gazette fix any day in respect of any area speci-
fied in the notification. .
(3) If any clay notified as a holiday under sub-section (r) happens to be a day
of public festival, the employer may keep the shop or commercial establishment open or
such day but in that event, he shall keep the shop or commercial establishment
closed on some other day, within three days before or after the date of such public fes-
tival and give notice of the change to the Inspector at least seven clear days before the day
of such public festival.
(4-) It shall not be lawful for an employer to call an employee at, or for any
employee to go torhis shop or commercial establishment or any other place for any work
in connection with the business of his shop or commercial establishment on a day on which
such shop or commercial establishment remains closed.
(5) No deduction shall be made from the wages of any employee of a shop or
commercial establishment on account of any day on which it has remained closed under
this section. If any employee is employed on a daily wage he shall nonetheless be paid
his daily wage for the day on which such shop or commercial establishment remains closed.
If any employee is paid a piecerate wage, he shall nonetheless. be paid his wage for the
day on which the shop or commercial establishment remains closed, at a rate equivalent
to the daily average of his wages for the days on which he actually worked during the six
days preceding such closed day exclusive of any earning in respect of overtime ;
Provided that nothing in this section shall apply to any person whose total
period of continuous employment is less than six days.
CHAPTER IV
RESIDENTIAL HOTELS, RESTAURANTS AND EATING HOUSES
18. (I) Notwithstanding anything contained inany other enactment for the time
being in force no restaurant or eating house shall on any day be opened earlier than 5 a.m.
and be kept open after I r p,m. for service ;
Provided that an employee in such restaurant or eating house may be
required to commence work not earlier than 4-.30 a.m. and shall not be required to work
later than I r.30 p,m, ;
Provided furthe~ that any customer who was being served or waiting
to be served at the closing hour of such restaurant or eating house may be served in such
restaurant or eating house during the quarter of an hour immediately follOWing such
hour.
(2) Subject to the provisions of sub-section (1), the State Government may
fix different opening or closing hours for different restaurants or eating houses or for di-
fferent areas or for different periods of the year.
I
Spread over in com-
mercial establish-
ments.
Holidays, in a week
in shops and commer-
cial establishments.
Opening and closing
hours of restaurants
and eating houses.

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Restriction of selling
. of goods.
Daily hours of work
in residential hotels.
restaurants and eating
houses.
Interval for rest.
Spread over.
The employer to
furnish identity card
to employee.
Closing hours of
theatres or other
places of public
amusement or enter-
tainment. .
Theatres or other
places of public
amusement or enter-
tainment not to sell
goods of the kinds .
sold in shops after the
closing hours of shop.
Daily hours of work
in a theatre or other
places of public
amusement or enter-
tainment.
8
(3) Notwithstanding anything contained in this section or any other enactment
for the time being in force, the State Government may, by notification, fix not more than
ten days in a year on festive or special occasions such opening and closing hours for·~ ~
ffrerent restaurants or eating houses or for different areas, as it thinks proper.
19. Before and after the hours fixed for the opening and closing of shops under
section 9 and 10 no goods of the kind sold in such shops shall be sold in any restaurant or
eating house except for consumption on premises.
20. (I) Except on the day that may be notified under sub-section (3) of section
18, no employee shall be re9..uired or allowed to work in a residential hotel, restaurant
and eating house for more than nine hours in a day or sub-section (I) if such period not
exceed three hours on any day.
(2) On the days which may be notified under sub-section (3) of section 18,
any employee may be required or allowed to work in a residential hotel, restaurant and
eating house in excess of the period fixed under sub-section (I) if such period does not
exceed three hours on any day.
2 I. The period of work of an employee in a residential hotel, restaurant or eating
house each day shall be so fixed that no period of continuous work shall exceed five hours
and that no employee shall be required or allowed to work for more than five hours before
he has had an interval for rest of at least one hour.
22. The spread over of an employee in a residential hotel, restaurant or eating house
shall not exceed fourteen hours;
Provided that the State Government may, on an application made in that behalf by
the employees concerned, permit the reduction of the interval for rest to half an hour.
23. The employer shall furnish every employee in a residential hotel, restaurant or
eating house an identity card which shall be produced by the employee on demand by an
Inspector. Such card shall contain the following and such other particulars as may be
prescribed, namely ;-
(a) the name of the employer;
(b) the name, if any, and the postal address, of the establishment;
(c)
(d)
(e)
(f)
the name and age of the employee;
the hours of work, the interval for the rest and the holiday, of an
passport size p~otographs of the employee:
the signat'ure or thumb impression of the employee;
employee. ,
(g) the signature with date of the employer or manager.
CHAPTER V
THEATRES OR OTHER PLACES OF PUBLIC AMUSEMENT OR ENTER-
TAINMENT
24. Notwithstanding anything contained in any other enactment for the time being
in force; no threatre or other place of public amusement or entertainment shall, on any
day be kept open after than 12 l!lidnight.
2 S. After the hour fixed for the closing of shop under section I I, no goods of the
kind sold in a shop shall be sold in any theatre or other places of public amusement or
entertainment except for consumption on premises.
26. (I) No employee shall be required or allowed to work in any theatre or other
places of public amusement or entertainment for more than nine hours in any day.

9
(2) Any employee may be required or allowed to work in a theatre or other
pJ,e of public amusement or entertainment for any period in excess of the limit fixed
under sub-section (I), if such period does not exceed six hours in any week.
27. The period of work of an employee in a theatre or other place of public amuse- Interval for rest.
ment or entertainment each day shall be so fixed that no period of continuous work shall
(~ exceed five hours and that no employee shall be required or allowed to work for more than
five hours before he has had an interval for rest of at least one hour:
Provided that the State Government may on an application made in that behalf
by the employees, permit the reduction of the interval for rest to half an hour.
28. The spread over of an employee in a theatre or other place of public amusement or Spread over.
entertainment shall not exceed eleven hours in any day:
Provided that the State Government may increase the spread over periods sub-
ject to such conditions as it may impose either generally or in the case of a parti-
cular theatre or other Blace of public amusement or entertainment.
29. (I) Every employee in a theatre or other place of public amusement or en- Holidays in a week.
tertainment shall be given at least one day in a week as a holiday:
Provided that nothing in this sub-section shall apply to an employee whose
total period of emplovernent in any week is less than six days.
(2) It shall not be lawful for an employer to call an employee at, or for an
employee to go to, his theatre or other place of public amusement or entertainment or
any place for any work in connection with the business of his theatre or place of public
amusement or entertainment on any day on which such employee has a holiday.
(3) No deduction shall be made from the wages of an employee in a theatre
or place of public amusement or entertainment on account of any holiday given to him
under sub-section (I). If an employee is employed on a daily wage, he shall noentheless
be paid his wages for the holiday equal to the average of the daily wages earned by him du-
ring preceding six working days.
30. The employer shall fur ish every employee in a theatre, or other place of public Identity card.
amusement or entertainment an identity card which shall be kept by the employee when
on duty and shall be produced on demand by an Inspector; such card shall contain the
follo.wing and such other particulars as may be prescribed, namely i-
(a) the name of the employee;
(b) the name, if any, and the postal address of the theatre and public place of
amusement or entertainment;
(c) the name and age of the employer;
(d) the hours of work, interval for rest; if any, and the holidays of the employee;
(e) passport size photograph of the employee;
(f) the signature with date of the employer;
(g) the signature or thumb impression of the employee.
CHAPTER VI
EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND WOMEN
3I. No child shall be required or allowed to work as an employee or otherwise in No child to work in
any establi~hment notwithstanding that such child is a member of the family of the ernplo- any establishment,
yer.
32• . No young person and women shall be required or allowed to work whether as an Young persons and
en'lI,loyee or otherwise in any establishrn.ent before 6 a.m. and after 7 p.m. notwithstanding women to work be-
h I . b f h f '1 f h 1 tween 6a. m. andt at sue 1 young person or women IS a mem er 0 t e ami yo t e emp oyer. ,I'.t 7ajter p.m.
33. (I) Notwithstanding anything contained in this Act, no young person shall Daily hours of work
be required or allowed to work whether as an employee or otherwise in any establishment for young person.
for more than six hours in a day.
(2) No young person shall be required or allowed to work whether as an
employee or otherwise in any establishment for more than three hours in any day unless
he has had an interval for rest of at least half an hour.

'.
Prohibition of em-
ployment of young
person and women
in dangerous work,
Prohibition of
employment during
certain periods,
Notice of presence of
pregnancy,
Maternity leave.
Maternity benefit.
Interval for nursing
the child.
Prohibition on dis-
missal during or on
account of absence
from work owing to
confinement.
Facilities to women
employees in case of
miscarriage etc.
,ISpecial casual leave
o for sterilisation opera-
tion.
10
34-. No young person or women working in any establishment, whether as an emplovee
or otherwise, shall be required or allowed to perform work as may be declared b) _,he
State Government, by notification to be work involving danger to life, health or morals.
35. - No ;woman shall engage herself in employment in any establishment during the
six weeks following the day on which she is delivered of a child and no owner or m~nager
of an establishment shall knowingly employ such woman.
36. (I) If any woman employed in an establishment is pregnant and gives notice
in writing to the employer that she expects to be delivered of a child within six weeks
from the date of such notice, the employer shall permit her, if she so desires, to absent
herself from work up to the day of her delivery :
Provided that before granting such permission the employer may, at his own
cost require the woman to be examined by a qualified medical practitioner or midwife,
and if the wo rn an refuses to submit herself to such examination or is certified on such ex-
aminafon as not pregnant or not likely to be delivered ofa child within six weeks, he may
refuse such permission. '
(2) The ex arnin atiori referr cd to in the proviso to sub-section (I) shall, if
the woman so desires, be carried out by a midwife.
37. The absence of a woman during the period she is entitled to maternity benefit
under this Act or, due to illness medically certified to arise out of pregnancy or confine-
ment, shall be treated as authorised absence on leave.
38. (I) Every woman employed in an establishmenf who has been continuously
employed in such establishment or in establishments belonging to the owner of such
establishment for a period of not less than six months preceding the date of her delivery,
shall be entitled to receive and the employer shall be liable to make to her, a payment
of a maternity benefit at a rate for every day during the six weeks immediately preceding
and including the day of her delivery and for each day of the six weeks following her deli.
very as may be prescribed by the State Government:
Provided that no such payment shall be made for any day on which she attends
work and receives payment therefor during the six weeks preceding her delivery.
(2) The manner in which the maternity benefit shall be payable in such manner
as may be notified by the State Government.
39. Any woman employed in an establishment, who is delivered of a child, shall
while she is nursing such child, be allowed half-an-hour twice a day during her working
hours for purposes of such nursing in addition to regular intervals for rest.
40. (I) When a woman absents herself from work under section 38 shall be
lawful for the employer to dismiss her during or on account of such absence, or to give
notice of dismissal on such a day that the notice will expire during such absence.
(2) The dismissal of a woman at any time within six months before she is
delivered of a child, if the woman, but for such dismissal, would have been entitled to
maternity benefit under this Act,shall not have the effect of depriving her of-such mater-
nity benefit if the Inspector is satisfied that her dismissal was without sifficient cause.
41. 0 Any woman employee who has a miscarriage or has/under-gone operation for
medical termination of her pregnancy shall also be entitled to leave for six weeks or such
period as may be medically certified and her absence shall be treated as authorised absence _
on leave.
4-2. (J) Every emlpovce who undergoes sterilisation operation shall be entitled
to special casual leave with wages for a period not exceeding -
(a) six days in the case of a male employee; or
(b) fourteen claysin the case of a female employee, with effect from the day
on which he or she undergoes such operation.
(2) If an employee who has undergone sterilisation operation is discharged
by his or her employer during the period specified in sub-section (I),
the employer shall pay such employee wages payable during leave period
in respect of the period of special casual leave which the employee was
entitled at the time of his or her discharge.

11
43· (I.) Notwithstan~ing. anyth~ng c~~tained. in the Payment of Wages Act, Application and
193,(';, (heretnfter referred to 111 this section as the Said Act"), the State Government amendment of the
ma'; ,hy notification, direct that subject to the provisions of sub-section (2) the said Act Payment of Wages
or any of the provisions thereof Or of the rules made thereunder shall, applv to all or any Act, 1936.
class of establishment or to all or any class of employees to which or whom this Act
for the time being applies.
(2) On the application of the provisions of the said Act to any establish.
ment Or to any employee under sub-section (I), Inspector appointed under this Act
shall be deemed to be the Inspector for the purpose of the enforcement of provisions
of the said Act within the local limits of his [ur isdiction .
CHAPTER VII
HEALTH AND SAFETY
44· The premises of every establishment shall be kept clean and free from effluvia Cleanliness.
arising out from any drain or privy or other nuisance and shall be cleaned at such times
and by such methods as may be prescribed and these methods may include lime-washing,
colour-washing, painting, varnishing, disinfectinp and deodorising.
45. The premises of every establishment shall be ventilated in accordance with Ventilation.
such standards and by such methods as may be prescribed.
46. (I) The premises of every establishment shall be sufficiently lighted during Lighting.
all working hours.
-,
(2) If it appears to an Inspector that the premises of any establishment
within his jrisdiction are not sufficiently kept clean, lighted or ventilated, he may serve
on the employer an order in writing specifying the measures which, in his opinion,
should be adopted and requiring them to be carried out before a specified date.
47. In every establishment such precautions against fire shall be taken as may be Precaution against
prescribed. fire.
48. In every establishment wherein a manufacturing process as defined in clause, First-aid.
(k) of section 2 of the Factories Act, 19+8,. is carried o~, there s~a\l be provided and
maintained by the employer a first aid box cOl'ta~ning such articles as may be prescribed.
CHAPTER VIII
HOLIDAYS AND WAGES
49. (1) Every person employed in any establishment shall be entitled, after
twelve months' continuous service, to holidays with wages for a period of twenty
days, in the subsequent period of twelve months, provided that such holdidays with
wages may be accumulated upto a maximum period of sixty days.
Explanation- For the pu~pose of this sub-section any continuous period of service
preceding the date on which this Act applies to any establishment shall also count,
subject to a maximum period of twelve months. ,
(2) Every pers?n employed in any establishment shall also be entitled during
his first twelve months of continuous service after the commencement of his Act, and
during every subsequent twel~e '~onths ofsuch' service-
(a) to leave with wages for a period not exceeding 12 days, on the
ground of any sickness, incurred or accident sustaine~ by him; and
(b) to casual leave with wages for a peri?d nOr .,xc.,eding 12
days on any reasonable ground.
(3) If a person entitled to any holidays under sub-section (I) is discharged
by his employer before he has been allowed the holidays, or if having applied
for and been refused the holidays, he quits his employment before he has been
allowed the holidays, the employer shall pay him the amount, payable under
this Act in respect of the holidays.
Holidays and sick
leave.

Pay during annual
holidays.
Power to increase of
the number of holi-
days.
Mode of recovery
unpaid wages.
4 of 1936.
Responsibility for
payment of wages.
Fixation of wage
period.
Wages for overtime
work.
Gratuity.
12
(4-) If a person entitlt~d to any leave under sub-section (2) is discharge'" by
his employer when he is sick or suffering from the result of an accident" (he
employer shall pay him the amount payable under this Act in respect of the
period of leave to which he was entitled at the time of his discharge, in addition
to the amount, if any payable to him under sub-section (3) or under any other
provision of this Act.
(5) A person employed shall be deemed to have completed a period to
twelve months' continous service within the meaning of this section, notwithstan-
ding any inter uption in service during those twelve months brought about-
(i) by sickness, accident, or authoritised leave (including authorised
holidays) not exceeding ninety days in the aggregate for all three;
(ii) by a lock-out; or
(iii) by a strike which is not an illegal strike j or
(iv) by intermittent periods of involuntary umemployment not ex-
ceeding thirty days in the aggregate;
and authorisec leave shall be deemed not to include any weekly holiday or half-holiday
allowed under this Act which occurs at the beginning or end of an interruption brought
by the leave.
(6) A person employed in a hostel attached to a school or college or in an
establishment maintained in a boarding school in connection with the boarding and lod-
ging of pupils and residentteachers shall be allowed the privileges referred tq in sub-sections
(I) to (5), reduced however proportionately to the period for which he was employed
continuously in the previous year or to the period for which he will be. employed contin-
uously in the current year as the case may be; and all references to periods of holidays
or of leave in sub-sections (1) and (2) shall be construed accordingly, fractions ofless than
one day being disregarded.
(7) The State Government shall have power to issue directions as to the manner
in which the provisions of sub-section (6) shall be carried into effect in all or any class of
cases or in any particular case.
50. Every person employed shall, for the holidays, or the period of the leave allowed
under sub-section (I) or (2) of section 4-3, be paid at a rate equivalent to the daily average
of his wages for the days on whih he actually worked during the preceding three months
exclusive of any earnings in respect of overtime.
51. Notwithstanding anything contained in section 4-3, the State Government may,
by notification, increase the total number of annual holidays and the maximum number
of days upto which such holidays may be accumulated in respect of any establishment or
class of establishments.
52. (I) Any sum required to be paid by an employer under this Chapter but not
paid by him shall be recovered as "delayed wages" under the provisions of the Payment
of Wages Act, I936.
(2) Any Inspector may institute proceedings on behalf of any person employed
to recover any sum required to be paid under this Chapter by an employer which he has
not paid.
53. (I) Every employer shall be responsible for the payment to persons employed
by him of all wages and sums required to be paid under this Act.
54-. (I) Every employer shall fix periods (in this Act referred to as wage periods)
in respect of which such wages shall be payable.
(2) No wage period shall exceed one month.
S;s;. Where any person employed in any establishment is required to work overtime,
he shall be entitled, in respect of such overtime work, to wages at twice the ordinary rate
of wages.
ExpJanation.- For the purpose of this section, the expression "ordinary rate of wages"
shall mean such rate of wages as may be calculated in the manner prescribed.
56. An employee who has completed ten or more years of continuous service with
full wages shall, on quitting the service or on his death his legal heirs, be entitled to gra-
tuity equivalent to fifteen days' wages last drawn for each year of service.

13
57 (1) The wages of every person employed shall be paid before the expiry of Time ofpayment of
the I1fthday after the last day of the wage period in respect of which the wages are payable. wages.
. (2) Where the employment of any person is terminated by or on behalf of
the employer, the wages earned by such person shall be paid before the expiry of the second
working day from the day on which his employment is terminated.
(3) The State Government may, by general or special order, exempt an em-
ployer from the operation of this section in respect of the wages of any person employed
or class of persons employed, to such extent and subject to such conditions as may be
specified in the order.
(+) All payments of wages shall be made on a working day.
58. An employee who has been allowed leave for not less than four days, in the case
of an adult, and five days in the case of a child shall, before his leave begins, be paid wages
due for the period of leave allowed.
Payment of advance
in certain cases.
59· All wages shall be paid in current coin or currency notes or in both. Wages to be paid in
current coin or
currency notes.
60. (T) The wages of a person employed shall be paid to him without deductions
of any kind except those authorised by or under this Act.
Explanation.-Every payment made by a person employed to the employer shall, for the
purpose of this Act, be deemed to be a deduction from the wages.
(2) Deduction from the wages of a person shall be made only in accordance
with the provisions of this Act, and may be of the following kinds only, namely ;-
Deduction which may
be made from wages.
(a) fines;
(b) deductions for absence from duty;
(c) deductions for damage to, or loss of, goods
expressly entrusted to the' employed person for custody, or for loss of money for which he
is required to account, where such damage or loss is directly attributable to his neglect
or default;
(d) deductions for house accommodation, if any, supplied by the employer;
(e) deductions for such amenities and services supplied by the employer as
the State Government may, by general or special order, autho rise ; ,
(f) deductions for recovery of advance or for adjustment of over-payments
of wages j
(g) deductions of income-tax payable by the employed person;
(h) deductions required to be made by an order of a Court or other authority
competent to make such order;
(i) deductions for subscriptions to, and for repayment of advances from,
any provident fund to which the Provident Funds A~t, 192) appl.iesor any provident fund 19 of 1925.
approved in this behalf by the State Government durmg the continuance of such approval;
(j) dedcuction

Excerpt shown. Open the full act in Lexace.

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