Manipur act 007 of 1992 : The Manipur Shops and Establishment (Amendment) Act, 1992

1·1:t'11-Act

No .....^3:

i i:J

ii

I

i

'7

a, 2- Date of

Assent ·

•

,

Date ^ofPublication .!.r/.1.1 J ^I

'7 ^{9 2-}

THE

MANIPU'R SHOPS

AND

ESTABLISHMENT

(AMENDMENT) .BH;-I::;

1992

Ad- A?

BfI.L

4cl- to

amend

the

Manipur

Shops

and

Establishments Act.

1972

(Manipur

Act No. ⁴

of 1973). BE it enacted

by

the

Legislature

of

Manipur

in the

Forty-third

Year of the Republic ^of

India as follows:

1.

Short title and commencement

. -(1)

This Act may be

called the

Manipur Shops ^and

Establishments

(Amendment) Act,

1992.

(2) ^Itshall come into force on such date as the

State

Government may, by

notification in

the official

Gazette, appoint.

2. Amendment of

section

2.?In

Section 2

of the

Manipur

Shops

and

Esta.- bfo.hments Act

(hereinafter referred to as the

Act),?

(a) ^the

existing

sub-section

(2),

the

following

shall be

substituted, namely,-

"(2)

"Child' n.eans

a

person who

bas not

attained his

fourteenth years of age ;"';

(b)

after

sub-section

(17),

the

following

new

sub-section shall

be

inserted, namelv.t-- u(l7-A) 'Registering

Officer' means

a

registering

officer

appointed under this Act

;",

3.

Insertion of a new

Chapter

after

section 5

.-After

section 5

of the- Act. ^the

following

new·

Chapter

stall

be

inserted, namely,-

2

CHAPTER ^I-A REGISTRATION ^OFSHOPS^{A "{D}ESTABLISHMENTS

SA.

Registering

Officer .-The State Government may, by

notific3.ti)n

in the official

Gazette, appoint ^anyofficer^tobea

Registering Officer, ^who

shall ^be responsible ^for

registration ^of

Shops ^andEstablishments

1111der^{this Act.} SB. Registering ^of

Shops ^and

Establishments.-'l)

Evesy employer

shall

get his

shop ^orestablishment registered

under this Act.

The

registration shall be

valid ^foronecalendar^yearandthereafter

shall .^be

renewed for every calendar year. ^{A list}of^anyshop ^or establishment

registered

under this ^Actshall be

entered in the Register

of

shops

and establishments

maintained

in the

prescribed

form,

(2) ^Theapplication ^for

r0gistration ^orfur

renewal^orregistration shall be

made ^tothe Registering

Officer^ortosuchother officer^asthe

Registering Officer may authorise ^inthis

behalf, ^insuch forms and within 'such period as

may be

prescribed.

(3) ^Thefeespayable ^forregistration ^orfor renewal ^of

registration

shall be . such ^{as may}be

prescribed.

(4) ^{Anyshop or}establishment

registered

under this ^Actor when ^the registration ^{ofanyshop or}establishment^is

renewed, there shall^beissued^to the employer, ^acertificate ^of

registration ^orrenewal certificate of

registratio?. as the

case may be, containing

such

particulars

as

may be

prescribed.

(5)

Every employer ^ofa

shop ^oran establishment

registered

under sub- section

(4)

shall

inform ^the

Registering

Officer^intheprescribed form

ofany change ⁱⁿ

respect ^ofanyparticular contained ^inthe

application

for

registration under sub-section (2)

within seven days

after ^thecnange has

taken.

place. The Registering

Officer shall, ^on

receipt ^ofsuch information ^and)O

payment of ^{suchfee as maybe}

prescribed, ^andsatisfied about the

c:::-:ectness of ^the information, ^makenecessary changes ^inthe

Register of

shops

and

establish- ments and shall amend

the certificate of

registration

or issue^afresl:- certifi- cate of registration,

if necessary.

(6)

Every employer ^{of a shop oran} establishment

registered

11nder

sub- section ( 4)

shall,

within

fifteen

days ^fromthe date of

the

winding up

of his shop ^ore'>tablishment, inform ^the

Registering

Officer^and

the

Registering

Officer shall, ^onbeing

satisfied

about^the correctness or the

information.

remove the name of

the

shop

or the establishment ^fromthe

Register ^of

shops ^a.nd

esta- blishments and cancel

the certificate of

registration

issued to him.".

3

4.

Amendment

of

section 17.-After sub-section

(4)

of section

17

of the -Act, ^the

following

sub-sections shall ^be

inserted, namelyj-s-'

"(5)

Wages ^dueto

every employee

s'1all ^{be paid tohim}direct^ortoother vperson authorised

by

him

in

this behalf,

(6) ^Allwages shall ^be

paid ⁱⁿcurrent^coinor

currency ^orin

both.

(7) ^Therates^ofwages payable ^tothe

employee ^{by the}

employer

shall not be less

than the

rates

prescribed

for the scheduled

employment

under the Minimum

Wages

Act,

1948(No. ²¹

of

1948), where

·applicable,

and where ^the rates have been fixed

by agreement,

settlement^or

award,

not less

than

the rates so fixed.",

5. Amendment^ofsection 20.-ln sub-section

(1)

of

section 20 of

the

Act, for

the words

"Act shall

apply to",

the

words

"Act^or

any of

the provisions thereof or of^the

rules^made

thereunder

shall

apply ^toallor

any class of employees ^in"

shall^besubstituted.

6. Amendment ^ofsection ²⁷

.-For clause

(b) ^ofsub-section

(I) ^of

section 27 of the

Act,

the

following

shall ^be

substituted, namely,-

"

(b)

He bas

been

paid,

at the time

of

discharge, compensation

which shall be

equivalent

to fifteen

day's average wages in the

shop ^orestablisb- ment to which

the

Payment

of

Gratuity

Act,

1972

(No.

39 of

1972)

applies ^and

compensation

which shall ^be

equivalent ^tofifteen

days' averages wages for every completed year of

continuous service^or

any part

thereof ⁱⁿexcess^ofsix

months, ⁱⁿother

shops ^orestablishments.".

7. Insertim

of a new section

29-A

.-After section

29 of the

Act,

the

following new section shall

be

inserted,

namely,-

"29-A. Settlement of

disputes

:-Notwithstanding anything

contained ⁱⁿ the Industrial

Disputes Act,

1947

(No. ¹⁴

of

1947)

shall

apply ^{to any} dispute ^ordifference between^an

employer ^andan

employee ^or group of

employees

in connection with

the

employment ^c:non-employ- ment or the terms of

employment

or conditions of

labour

of^an employee.".

8. Amendment of section ³⁷

.-Mter

clause

(h)

of sub--section

(2)

of

section 37 .»f the

Act, ^the

following

clauses shall^be

inserted, namely,.- ''(i) ^theformof

application ^for

registration ^{or, asthecase maybe, for} renewal of

4

(j) ^theforms^ofcertificate^of

registration ^and1enewal^of

registration ^,I shop ^andestablish

ment, ^thef1.,rms^{of the}

notice^of

change ^{in the}

pa?

calars of

registered shop

and

es.ablishment an^{i the}notice ^of\\iading up of business

of

registered

shop

and

establishment^;

(k) ^thefeestobe

levied ^for

grant ^ofcertificate ^of

registration ^and renewal ^of

registration ^of

shop

and establishment ;

(1) ?· ^feestobelevied ^for

registration ^of

change ^in.the

particulars ^of" registered ^{shop and}

establishment ^and

supply ^of

duplicate certificate of

registratior:t''.