LexThe Tripura Shops And Establishments Act 1970
Tripura · state statute
Open in Lexace · Ask the AI about this actAct No. 8 of 1970
THE TRIPURA SHOPS AND ESTABLISHMENTS ACT, 1970
THE TRIPURA SHOPS AND ESTABLISHMENTS ACT, 1970
1
Tripura Act No.8 of 1970
THE TRIPURA SHOPS AND ESTABLISHMENTS ACT, 1970
ARRANGEMENT OF SECTIONS.
Sections.
1. Short title, extent, commencement
2. Definitions.
3. References to Lime of day.
4. Act or some of its provisions not applicable to certain establishments.
5. Holidays in shops and establishments.
6. Hours of work in shops.
7. Hours of work in establishments.
8. Special provisions for young persons.
9. Restriction on employment of children.
10. Restriction on employment of young persons or women.
11. Leave.
12. Person employed to be entitled to wages for the period of privilege leave in case of termination of
service.
13. Wages for overtime work.
14. Payment and recovery of wages.
15. Notice of termination of services.
16. Registration of shops and establishments.
17. Shop-keepers and employees to maintain and keep records, etc.
18. Person Employed to be furnished with the letter of appointment.
19. Appointment of Inspectors.
20. Powers of Inspectors.
21. Penalties.
22. Procedure.
23. Indemnity.
24. Saving of certain rights and privileges.
25. Power to make rules.
26. Repeal and savings.
2
Tripura Act No.8 of 1970
THE TRIPURA SHOPS AND ESTABLISHMENTS ACT, 1970
AN
ACT
to regulate holidays, hours of work, payment of wages and leave of persons employed in shops and
establishments.
Be it enacted by the Legislative Assembly of Tripura in the Twenty-first Year of the Republic of India as
follows: -
Short title
extent,
Commencement
and application.
1. (1) This Act may be called the Tripura Shops and Establishments Act, 1970.
(2) It extends to the whole of the Union Territory of Tripura.
(3) It shall come into force on such date as the Administrator may, by notification in
the Tripura Gazette, appoint; and different dates may be appointed for different
provisions of this Act or for different areas or for different class or classes of
concerns or under-takings or for different class or shops or establishments.
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context, -
1[(a) “closed” means not open for the service of any customer or for any business, of
the establishment or for work, by or with the help of any employee, of or
connected with the shop or establishment.]
2(aa) “apprentice” means a person who is employed, whether on payment of wages
or not, for the purpose of being trained in any trade, craft employment in any
shop or establishment.
(b) “commercial establishment” means an advertising commission forwarding or
commercial agency, or a clerical department of a factory or of any industrial or
commercial undertaking an insurance company, joint stock company, bank,
broker’s office or exchange, and includes such other class or classes of concerns
or undertakings as the Administrator may, after taking into consideration the
nature of their work, by notification, in the Tripura Gazette, declare to be
commercial establishments, for the purposes of th is Act, but does not include a
shop or an establishment for public entertainment or amusements;
(c) “day” means a period of twenty-four hours beginning at midnight;
(d) “employer” means a person owning or having charge of an establishment and
includes an agent or a manager of and any other person acting on behalf of, such
person in the general management or control of such establishment;
(e) “Establishment” means a commercial establishment or an establishment for
public entertainment or amusement;
(f) “Establishment for public entertainment or amusement’ means a hotel, restaurant,
eating house, café, cinema, theatre and includes such other class or classes of
concerns or undertakings as the Administrator may, after taking into
consideration the nature of their work, by notification, in the Tripura Gazette,
declare to be, for the purposes of this Act, establishments for public
entertainment or amusement, but does not include a shop or a commercial
establishment;
3[(ff)“family’’ is relation to an employer means the husband or wife, as the case may
be, his or her son, daughter, father, mother, brother or sister of such employer who
lives with and is dependent on him or her, as the case may be]
1. Subs. by 1st Amendment of 1982(w.e.f.10.08.1982)
2. Ins. by 1st Amendment of1982(w.e.f.10.08.1982)
3. Ins. by 1st Amendment of 1982(w.e.f.10.08.1982)
3
(g) “half day” means a continuous period of five hours and a half,-
(i) in the case of a shop or an establishment for public entertainment or amusement,
beginning at the commencement, or ending on the termination, of the ordinary
daily working hours of such shop or establishment, as the case may be, and
(ii) In the case of a commercial establishment, between the hours of 4[***]eight
o’clock ante meridiem and half past eight o’clock post meridiem;
(h) “lock-out” and “strike” have the same meaning as in the Industrial Disputes Act,
1947;
(i) “Notification” means a notification published in the Tripura Gazette;
5[(j) “person employed’’ means a person wholly or principally employed, whether
directly or through any agency and whether for wages or other consideration
in connection with any shop or establishment, and includes an apprentice, but
does not include a member of the employer’s family]
(k) “Prescribed” means prescribed by rules made under this Act;
(l) 6(***)
(m) “shop” means any premises used wholly or in part for the sale of services to
customers or for the wholesale or retail -sale of commodities or articles either
for cash or on credit, and includes any offices, store -rooms, go downs or
warehouses, whether in the same premises or elsewhere, used in connection
with such sale or with the storage of commodities or articles for the purpose of
such sale and also includes such other class or classes of premises as the
Administrator may, after taking into consideration the nature of the work
carried on there, by notification, declare to be shops for the purpose of this
Act, but does not include an establishment.
Explanation: - If any doubt arises as to whether any premises are a shop or a
commercial establishment for public entertainment or amusement, the
question shall be referred to the Administrator by the 7[Labour Officer] Suo
Motu or an application and the decision of the Administrator there on shall be
final;
(n) “shop-keeper” means a person owning or having charge of the business of a
shop, and includes an agent or manager of, and any other person acting on
behalf of, such person in the general management or control of a shop;
(o) “wages means wages as defined in the Payment of Wages Act,1936;
(p) “week” means a period of seven days beginning at midnight on Sunday; and
(q) “young person” means a person who has completed his twelfth year but has not
completed his fifteenth year.
Reference to time
of day
3. References to time of day in this Act shall be deemed to be references to Indian
Standard Time, which is five and a half hours ahead of Greenwich Mean Time.
Act or some of
its provisions
not applicable
to certain
establishments,
shops and
persons.
4. (1) This Act shall not apply to–
(a) Offices of or under the Central or State Government. The Reserve Bank of India,
any Railway Administration or any local authority;
(b) any railway service, airways service, water transport service, tramway or motor
service, postal, telegraph or telephone service , any system of public conservancy
or sanitation or any Industry, business or undertaking which supplies power, light
or water to the public;
(c) Institution for the treatment or care of the sick, in firm, destitute or mentally unfit;
(d) Shops or stalls in any public fair or bazaar held for a charitable purpose; or
(2) The Administrator may, if he thinks fit so to do in the public interest, by
notification, exempt, subject to such conditions, if any, as may be specified in the
4. ***deleted by 2nd Amendment of 1989, (w.e.f.02.01.1989)
5. Subs.by1st Amendment of 1982(w.e.f.10.08.1982)
6. ***deleted by 5th Amendment of 2021, (w.e.f.15.05.2021)
7. Subs. by 5th Amendment of 2021, (w.e.f.15.05.2021)
4
notification, from the operation of any of the provisions of this Act other than
those of sections 8, 9 and 10 –
(a) any class or classes of shops or establishments either generally or on such
occasion or occasions, in such area and for such period or periods as may be
specified in the notification;
(b) any class or classes of persons employed in a shop or an establishment, -
(i) in a managerial or persons employed in a shop or an establishment, -
(ii) as a traveler, canvasser, messenger, watch-man or care-taker. Or
(iii) exclusively in connection with customs examination, collection, dispatch,
delivery or conveyance of goods from or to booking offices for transport
by rail, road or air, docks, wharves or airports.
Holidays in
shops and
establishments
5. 8“[(1) A department or any section of a department of the shop or establishment may
work in more than one shift at the discretion of the employer and if more than
one shift is worked, the person employed may be required to work in any shift
at the discretion of the employer;
(2) A shop or an establishment may work on all days in a week subject to the
condition that every person employed shall be allowed weekly holiday of at
least one full day and another half day of rest;
(3) If a person employed is denied weekly holiday, the compensatory leave in lieu
thereof shall be given within two months of such weekly holiday;
(4) The period and hours of work in a week for all classes of persons employed in
such shift shall be informed to all persons employed in writing and shall be sent
to the registering authority electronically or otherwise, within two weeks of
such shift;
(5) Where a person employed is required to work on a day rest, he shall be entitled to
wages at the rate of twice his ordinary rate of wages;
Provided that, nothing in this sub -section, shall apply to a person
employed whose total period of continuous employment is less than six days.]”
Hours of work
in shops
6. (1) In no shop shall the hour of opening be earlier than eight o’clock ante meridian or
the hour of closing be later than nine o’clock post meridian:
Provided that if the Administrator or any officer empowered in this behalf by the
Administrator thinks fit so to do in the public interest, the Administrator or such
officer may, by notification change such limits of the hours of opening and
closing of shops, either generally or for any particular area or fix uniform hours
of opening and closing of all or any uniform hours of opening and closing of all
or any class or classes of shops in any particular area.
(2) No person employed in a shop shall be required or permitted to work in such shop
for more than eight hours and a half in any one day or for more than forty-eight
hours in any one week or after the hour of closing of such shops:
Provided that in any day and in any week in which stock taking making up
accounts or such other business operation as maybe prescribed takes place in any
shop, a person employed in the shop may be required or permitted to work
overtime in shop so, however, that –
(i) the total number of hours of his work including overtime work shall not
exceed ten hours in any one day, and
(ii) the total number of hours worked overtime by him shall not exceed one
hundred and twenty hours in any one year.
(3) No person employed in a shop shall be required or permitted to work in such shop
for more than six hours in any one day, unless he has been allowed an interval for
rest of at least one hour.
8.Subs. by 4th Amendment of 2018,(w.e.f. 20.12.2018)
5
(4) The periods of work and intervals for rest of every person employed in a shop shall
be arranged by the shop-keeper so that together they do not extend over more than
ten hours and a half in any one day.
Hours of work in
establishments
7. (1) In no hotel, restaurant, eating house or date shall the hour of closing be later than
eleven o’clock post meridiem.
(2) No person employed in an establishment shall be required or permitted to work in
such establishment for more than eight hours and a half in any one day or for more
than forty-eight hours in any one week or after the hour of closing of such
establishment:
Provided that a person employed in an establishment may be required or
permitted to work overtime in such establishment so, however, that –
(i) the total number of hours of his working including overtime work shall not
exceed ten hours in any one day, and
(ii) the total number of hours worked overtime by him shall not exceed
one hundred and twenty hours in any one year.
(3) No person employed in an establishment shall be required or permitted to work in
such establishment for more than six hours in any one day unless he has been
allowed an interval for rest of at least one hour during that day.
(4) The periods of work and intervals for rest of every person employed in an
establishment shall be arranged by the employer of such person so that together
they do not extend over more than ten hours and a half in any one day.
Special
provisions for
young persons
8. Notwithstanding anything contained elsewhere in this Act, -
(a) No young person employed in a shop or an establishment shall be required or
permitted to work in such shop or establishment for more than seven hours in any
one day or for more than forty hours in any one week; and
(b) the periods of work of young persons in a shop or an establishment during each day
shall be so fixed that no such person shall work for more than four hours before he
has had an interval for rest of at least one hour.
Benefits
Admissible under
other law to
young persons
9[8A. Notwithstanding anything contained elsewhere in this Act benefits admissible to a
young person under any other law for the time being in -force shall also be enjoyed
by a young person under this Act in addition to, and not in derogation of, the
benefits provided under this Act.]
Restriction on
employment of
children.
9. No child who has not completed the age of twelve years shall be employed in any shop
or establishment.
Restriction on
employment of
young persons or
woman.
1010. No young person shall be required or permitted to work in any shop or
establishment after eight o’clock post meridiem and no woman shall be restricted to
work in any shift, in any shop or establishment, on any day of a week;
Provided that no woman shall be required or permitted to work in any shop or
establishment after eight o’clock post meridiem to before six o’clock ante meridiem,
without obtaining the written consent of that woman and the shopkeeper or the
employer of such shop or establishment has ensured the adequate provision of shelter,
rest room, night crèche, ladies’ toilet, adequate protection of their dignity, honour and
safety, protection from sexual harassment and their transportation from the shop or
establishment to the door step of residence.
9. Ins. by 2nd Amendment of 1989 (w.e.f. 02.01.1989) 10. Ins. by 6th Amendment of 2024 (w.e.f.10.03.2025)
6
Leave
Bengal Act VI
of 1914,
11. A person employed in a shop or an establishment, after shall be entitled-
(a) for every completed year of continuous service, to privilege leave on full pay for
fifteen days,
(b) in every year, sick leave on half pay for fourteen days on medical certificate
obtained from a medical practitioner registered under the Bengal Medical Act,
1914, or any other law for the being in force,
(c) in every year, to casual leave on full pay for twelve days: Provided that –
(i) an employee who has completed a period of four months in continuous,
employment, shall be entitled to not less than five days privilege leave for
every such completed period; and
(ii) an employee who has completed a period of one month in continuous
employment, shall be entitled to not less than one day’s casual leave for every
month:
Provided further that–
(i) Privilege leave admissible under clause(a) may be accumulated up to a
maximum of not more than 11[fifty-six days];
(ii) Sick leave admissible under clause (b) may be accumulated up to a maximum
of not more than 12[one hundred and twelve days]; and
(iii) Casual leave admissible under clause(c) shall not be accumulated.
Explanation: - In calculating any leave due under this Act, employment in any
shop or establishment before the application of this Act shall be taken into account.
Person employed to
be entitled to wages
for the period of
privilege eave in
case of termination
of service
12. Any person employed in a shop or an establishment whose service are terminated
by or under the orders of the shop -keeper or the employer shall be entitled to
wages for the period of privilege leave due to his credit at the time of such
termination.
Wages for overtime
work
13. When any person employed in a shop or an establishment is required or permitted to
work overtime in such shop or establishment, the wages payable to such person in
respect of such overtime work shall be calculated 13[at the rate of twice] the ordinary
rate of wages payable to him, and such ordinary rate of wages shall be calculated in
such manner as may be prescribed;
Provided that this section shall not operate to the prejudice of any higher rate of
overtime wages granted under any agreement, award, custom or convention.
Explanation: - For the purpose of this section ‘over time work’ shall include any work
done on any day declared by notification by the Administration to be a National
holiday.
11. Subs .by 2nd Amendment of 1989(w.e.f.02.01.1989)
12. Subs. by 2nd Amendment of 1989(w.e.f.02.01.1989)
13. Subs. by 2nd Amendment of 1989(w.e.f.02.01.1989)
7
Payment
and
recovery
of wages
14. (1) All wages payable to a person employed in a shop or an establishment shall be
paid not later than the tenth day of the month immediately succeeding that in
respect of which such wages are payable.
(2) Where any deduction has been made from the wages of any person employed in a
shop or an establishment or any payment of wages to such person has not been
made within the date referred to in sub -section (1), such person or any legal
practitioner or an Inspector appointed under section 19 or any official of a
registered trade union authorized in writing to act on behalf of such person, may
within a period of one year from the date on which the deduction from the wages
was made or from the date referred to in sub- section(1),as the case may be, make
an application to such officer or authority as the administrator may, by notification
appoint in this behalf, for an order under sub-section (3):
Provided that an application under this section may be admitted after the said
period of one year if the applicant satisfies the officer or authority that he had
sufficient cause for not making the application within such period.
(3) The officer or authority to whom or to which an application under sub-section (2)
is made may, after giving the applicant and the shop-keeper or employer concerned
an opportunity of being heard and after making such further inquiry, if any, as may
be necessary by order direct without prejudice to any other action
which may under this Act or any other law lie against the shop -keeper or
employer the payment to the applicant of the amount deducted from the wages or
of the wages due, together with such compensation not exceeding ten times the
amount deducted in the former case and not exceeding ten rupees in the later as
the officer or authority may deem fit.
Provided that no direction for the payment of compensation shall be made in
the case of delay in the payment of wages if the officer or authority is satisfied
that the delay was due to-
(a) a bon fire error or bon fire dispute as to the amount payable to the applicant,
or
(b) the occurrence of an emergency, or the exercising reasonable diligence, to
make such that the shop -keeper or the employer as the case may be was
unable though exercising reasonable diligence to make prompt payment, or
(c) the failure of the applicant to apply for or accept payment.
(4) If on hearing any application made under sub-section (2) the officer or authority is
satisfied that it was either malicious or vexations the officer or authority may by
order direct that a penalty not exceeding fifty rupees be paid by the applicant to the
shop-keeper or employer concerned.
(5) Any amount directed to be paid by an order under sub-section(3) or sub- section(4)
may be recovered by any Magistrate to whom the officer or authority making the
order makes application in this behalf as if it were a fine imposed by such
Magistrate.
(6) An appeal shall be from an order of the officer or authority dismissing any
application made under sub-section(2) or giving any direction under sub-section(3)
or sub-section (4) if made within thirty days of the date on which the order was
made to the Munsiff if having jurisdiction over the area.
(7) Nothing in this section shall to any person to whom the Payment of Wages Act,
1936, applies under section 1 of that Act.
8
4 of 1936.
Notice of
termination of
services
15. 14[(1) The services of no person employed in any shop or establishment who has
been in continuous service for not less than one year shall be terminated without
sufficient cause until such person has been given one month’s notice in writing
indicating the reasons for the termination and the period of notice has expired or
such person has been paid in lieu of such notice, wages for the period of notice.
Explanation: - For the purposes of this section and section 11-
(i) Continuous service includes any holiday, authorized leave or period of any
strike which is not illegal or of any lockout.
(ii) in computing a completed year of continuous service, section 25B of the
Industrial Disputes Act, 1947 shall, mutatis mutandis, apply.]
(2) Any person employed in a shop or an establishment whose service leave have
been terminated in contravention of the provisions of sub-section (1) or any legal
practitioner or Inspector appointed under section19 may within one year from
the date of such termination make an application to a Magistrate of the first class
alleging such termination. The Magistrate if satisfied that there is a prima face
case showing that the services of the 15[employee] have been terminated without
sufficient cause shall issue a notice to the person registered for the time being as
the shop-keeper or the employer under section 16, to appear in person or by an
agent authorized by such shop -keeper or employer in writing in this behalf and
show cause why proceedi ngs shall not be taken against such shop -keeper or
employer under this section and may after giving him or such agent an
opportunity of being heard and after recording the reasons In writing direct that
such shop- keeper or employer shall pay 16[two month’s wages] as compensation
shall pay to the 15[employee]the amount of compensation so directed to be paid
17[against such shop- keeper or employer under this section and may, after giving
him or such agent an opportunity of being heard, and after recording the reasons
in writing, direct that such shop-keeper or employer shall pay two months wages
as compensation and thereupon such shop -keeper or employer shall pay to the
employee the amount of compensation so directed to be paid].
(3) The amount of compensation payable under this section shall for purposes of its
recovery be deemed to be a fine imposed under this Act.
(4) The provisions of sub -section (2) and (3) shall be in addition to and not in
derogation of the provisions of section 21 or any other law for the time being in
force and nothing in sub -section (2) of section 22 shall be deemed to require any
complaint to be made under that sub -section before an application is made under
sub-section (2).
Registration of
shops and
establishments
Shop keepers and
employers to
maintain and keep
records etc.
16. 18(***)
17. (1) In every shop or establishment the shop -keeper or employer concerned shall for
the purpose of 19[this Act and any other law for the time being in force ], maintain
and keep a register of employees in the prescribed form and such other registers
records and documents and display such notices as may be prescribed and produce
them on demand by the Inspector.20 [The registers shall be kept up-to- date.]
(2) The register of employees maintained and kept under sub -section (1) may from
time to time be inspected and signed by the persons employed in the shop or
establishment.
14. Subs. by 2nd Amendment of 1988(w.e.f.02.01.1989)
15. Subs. by 2nd Amendment of 1988(w.e.f.02.01.1989)
16. Subs. by 2nd Amendment of 1988(w.e.f.02.01.1989)
17. Subs. by 2nd Amendment of 1988(w.e.f.02.01.1989)
18. Deleted by 5th Amendment of 2021(w.e.f.15.05.2021)
19. Subs. by 5th Amendment of 2021(w.e.f.15.05.2021)
20. Ins. by 1st Amendment of 1982(w.e.f.10.08.1982)
9
Persons employed
to be furnished with
letter of
appointment
18. Every shop-keeper or employer shall furnish every person employed in his shop or
establishment with letter of appointment in such form as may be prescribed.
Appointment of
Inspectors
Act XLV of 1860
19. (1) The Administrator may by notification appoint such persons or such class of
persons as he thinks fit to be Inspectors for the purposes of this Act
(2) All Inspectors appointed under sub -section (1) shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code
Powers of
Inspectors
20. Subject to rules made under this Act, an Inspector appointed under section 19 may
within the local limits for which he is appointed
(a) enter at all reasonable hours with such assistants if any as he may consider
necessary, being persons in the service of the Government, any premises or place,
where he has reason to believe there is a shop or an establishment, for inspecting
any 21[Trade License issued by the Competent Authority under any Law for the
time being in force] records, registers, documents or notices required to be
displayed or maintained and kept under this Act or the rules made there under and
require the production thereof for inspection;
(b) examine any person whom he finds in any such premises or place and who, he
has reasonable cause to believe is a person employed in the shop or the
establishment; and
(c) seize, when so authorized under orders of such superior officer as may be
prescribed or take copies of such registers, records, documents or notices or
portions thereof as he may consider relevant in respect of an of fence under this
Act which he ha s reason to believe has been committed by shop -keeper or
employer
21. Subs. by 5th Amendment of 2021(w.e.f.15.05.2021)
10
Penalties 21.22[(1) Whoever contravenes any of the provisions of Section 16 or Section 17, shall
on conviction, be punishable with fine, 23[minimum of which shall be rupees one
hundred, but] which may extend to rupees five hundred for the first offence and
to one thousand rupees for any subsequent offence.
(1A) whoever contravenes any of the provisions of Section 5 to Section 13,
Section 15 or Section 18, shall on conviction, be punishable with fine, the
minimum of which shall not be less than rupees two hundred, but which may
extend to seven hundred rupees and incase of any subsequent contravention after
first conviction, with imprisonment for a term which may extend to three months
or with fine, the minimum of which shall be not less than rupees three hundred,
but which may extend to one thousand rupees or with both.]
(2) Whoever makes or causes or allows to be made in any register, record, document
or notice required to be maintained and kept or displayed under this Act or the
rules made there under any entry which is to his knowledge false in any material
particular or willfully omits or causes or allows to be omitted from any such
register, record, document or notice an entry required to be made therein shall on
conviction be punishable with imprisonment of either description for a term
which may extend to three month s or with fine 24[minimum of which shall be
rupees one hundred but] which may extend to one thousand rupees, or with both.
Procedure 22. (1) No Court inferior to a Magistrate of the first class shall try an offence
punishable under this Act.
(2)25[***].
26(3) An offence punishable under Section 5, 6, 7, 11, 16, 17 and 18 of this Act may
be tried summarily.
Provided that such complaint shall in the case of offences punishable under
sub-section (2) of section 21, be made with the prior approval of the
Administrator.
27[22 A. Any offence punishable under the provisions of Section 5, 6, 7, 11, 17, 18, of
the Act or an offence punishable under any rule made under this Act may, either
before or after institution of the prosecution, be compounded by the offender by
submitting an application to such officer as maybe authorized by the government
in this behalf on such terms and on payment of such fine as the officer so
authorized may specify by an order and on payment of such fine no further
proceedings shall be taken against such person.
Provided that the amount of fine shall not, in any case, exceed the
maximum amount of fine which may be imposed for such offence under, the Act.
Provided further that nothing contained in this section shall apply to a
person who commits the same offence within a period of 3 years from the date on
which the first offence committed by him was compounded.]’’
Indemnity 23. No suit prosecution or legal proceeding shall be against any person in respect of
anything in good faith done or intended to be done under this Act or the rules
made there under
22. Subs. by 2nd Amendment of 1988(w.e.f. 02.01.1989)
23. Ins. by 1st Amendment of 1982(w.e.f. 10.08.1982)
24. Ins. by 1st Amendment of 1982(w.e.f. 10.08.1982)
25. Deleted by 1st Amendment of 1982(w.e.f. 10.08.1982)
26. Ins. by 3rd Amendment of 2001(w.e.f. 18.01.2001)
27. Ins. by 3rd Amendment of 2001(w.e.f. 18.01.2001)
11
Saving of certain
rights and
privileges
24. Nothing in this Act shall affect any right or privilege to which any person employed
in any shop or establishment is entitled on the date of the commencement of this
Act under any law for the time being in force or under any contract, custom or
usage which is in force on that date, if such right or privilege is more favorable to
him than any right to privilege conferred upon him by this Act or granted to him
at the time of appointment.
Power to make
rules
25. (1) The Administrator may, after previous publication make rules for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters namely, -
(a) the holidays and other occasions on account of which a notification may be
issued under sub-section (4) of section 5;
(b) the business operations in connection with which and the periods during
which, persons employed in shops and establishments for public entertainment
and amusement may work overtime or in excess of the limit provided
respectively in sections 7 and 10;
(c) the manner of a calculating ordinary rates of wages for the purposes of
sections 11 and 13;
(d) the records and registers to be maintained and the notices to be displayed, by a
shop-keeper and the employer under section14;
(e) the manner of appointment and qualification of Inspectors appointed under
section 19;
(f) the manner in which Inspectors appointed under section 19 shall exercise the
powers conferred by section 20; and
(g) any matter which may be, or is required to be prescribed under this Act.
(3) Any rule made under this section may provide that any person committing a
breach thereof shall on conviction, be punishable with fine, which may extend to
one hundred rupees and where the breach is a continuing one, with a further fine
which may extend to twenty-five rupees for every day, after the first during
which the breach continues,
(4) Every rule made under this section shall be laid as soon as may be after it is made
before Legislative Assembly while it is in session for a total period of fourteen
days which may be comprised in one session or in two successive sessions, and if,
before the expiry of the session in which it is so laid or the session immediately
following the House agrees in making any modification in the rule or the House
agrees that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so however, that any
modification or annulment shall be without prejudice to the validity of anything
done under that rule.
Repeal and
Savings
26.(1) The Bengal Shops and establishments Act, 1940 (here in after referred to as the
said Act) as extended to Tripura under Section 2 of the Union Territories (Laws)
Act, 1940 (30 of 1950) is hereby repealed.
(2) Notwithstanding the repeal of the said Act anything done or any action taken or
any proceedings started or any appeal preferred or any legal effect produced by or
under the provisions of the proceedings shall be deemed to have been done, taken
started, preferred, or produced by or under the corresponding provisions of this
Act as if such corresponding provision where in force on the day on which such
thing was done or such proceeding was started or such appeal was preferred or
such legal produced:
Provided that any weekly closing days or any working hours fixed under the
said Act and in force immediately before the commencement of this Act, may be
continued for a period not longer than three months after such repeal.