Manipur act 004 of 1973 : The Manipur Shops and Establishment Act, 1972

(2) ^Itextends ^tothewhole ^{of the}State

of.Manipur. THE t'VIAN.l..PUR

SHOPS

AND ESTA.llLISHJVlENTS

ACT,

1972.

l Manipur ^{Act 4of1973}

]

AN

ACT

to

provide

for

better

regulation

of

conditions

of

service in

shops and

establishments ^and

for purposes pertaining

thereto. BE it enacted

by

the

Legislature

of

Manipur

in the

Twentyfourth Year of ^the

Republic;

of India^asfollows^:-

CHAPTER ^I

PRELIMINARY

1.

(1)

This Act may

be called

the

Manipur Shops and Establishments Short

title, Act,

1972.

extentand commence- ment.

/

'·

,

(3)

It shall

come into force on such date as the State Government

'1

may, by

notification

in

the Official

Gazette, appoint, and different dates may be

appointed

for different

provisions of ^thisActor for

different areas ^orfor different

classes of

shops

or establishments. ·

2. In this

Act,

unless

there is

anything

repugnant

in the

subject ^or context, ·

·

(1) "apprentice"

means^a

person ^{who is}

employed,

whether^on payment ^ofwages ^{or not, forthe}

purpose ^of

being

trainedⁱⁿ any trade, craft,

business^or.employment

in^a

shop ^{or an}esta- blishment;

I

(2)

"child" means^a

person^{who has not}

completed ^histwelfth

year -of age

;

(3)

"closed" means^{not open for the}service of any

customer or for any businesa connected

with^a

shop ^oran establishment involving ^work

by ^an

employee; Definitions,

(4)

"commercial establishment"

means ^an establishment

which carries on^the

business,

trade^or

profession ^of

advertising, ^com- mission agency, ·forwarding ^orcommercial agency ^or which

is a clerical

department

of^afactory ^orof^anyindustrial^orcom- mercial' undertaking,

includes-

(a) ^anestablishment undertaking ^the

business, trade or

pro- fession, ^of

public

transport ^;

(5)

(6)

(b) ^aninsurance company, joint

stock company,

broker's office or

exchange ; and

(c) ^suchother establishment^orclass

thereof^astheState

Goveca-^, ment

-may, by

notification

in the Official

Gazette, doclari to ^beacommercial establishment

for

thoJpurpoi:?

of

!?i?

Act;

.

.

but does

not include a

shop

or^anestablishment for

pubha entertainment or amusement ;

"day"

means^a

period ^of

twenty-four

hours

beginning ^at

midnight;

"employee"

means ^a

person wholly ^or

principally

employed in, ^{and in}connection

with, ^a

shop ^oranestablishment^andi•- eludes an

apprentice

but does^notinclude^amember of the^em- ployer's

family ;

(7).

·

"employer'"

means^a

person having charge ^of,or

owning ^01· having

ultimate

control^overthe

affairs ^{ofa shop or an} establishment ^andincludes ^the

manager, agent ^orother person acting ^inthe

general

management ^orcontrol ^ofa

shop ^oran establishment;

(8) "employer's family"

means^thehusband^orwife, children, father or

mother,

of the

employer

and includes ^thebrother^or sister,

brother's son, sister's son; daughter's^son,son's^sou,of such

employer

living

with,

and

dependent ^onhim ;

(9)

"establishment" means ^acommercial establishment^oranesta- blishment ^for

public

entertainment or amusement ;

(10)

"establishment ^for

public

entertainment^oramusement" means a

restaurant, eatinghouse,

cafe,

residential

hotel,

cinema.

theatro. and such other establishment or class thereof as^the

State Govera- ment

may, by

notification in the Official

Gazette,

declare to

be, for ^the

purposes ^of

this Act,

an establishment for

public

enter- tainment or

amusement,

but does not include a

shop

or a com- mercial establishment ;

(11) "factory"

means^a

factory ^as'defined^{in the}

Factories ^{Aet, 194l} (63 ^of

1948) ; -

(12)

"holiday"

means^{a. day on}which^{a shop oran}

establithmfl';t shall remain closed or on which an

employee

shall

be

Jivtll

• holiday

under^the

p?ovisions^ofthisAct; .

.

(13)

"Inspector'?

means^an

Inspector appointed

under^{this AQf;}

(14)

.

"Official Gazette" means

the

Manipur

Gazette ;

(15)

(16)

P)

"opened"

means opened ^fortheservice ^of

anyfcustom.er ^orfor any

business connected ^witha

shop ^oranestablishment^;

"period ^ofwork" means^thetime

during

which^an

1-mph?JH is at the.

disposal

of the

employer ; ^·

"prescribed"

means

prescribed

by

rules^mad,

und?r ^jhisA?l;

08)

-

(19)

(20)

(21)

"shop;'

means any premises ^used

wholly ^orin

part ^forwhole- sale or retail

sale of

commodities or

articles,

either for cash or on credit,

and such other

premises

as the State

Government may, by

notification

in the Official

Gazette,

declare^tobe^a

shop for the purposes^ofthis

Act,

but

does^notinclude a commercial establishment ^for

public

entertainment or amusement

;

"spread-over"

means^the

period

between^thecommencement and

the termination

of

work in an establishment on

any day ;

"State Government" means the State Government of

Manipur ;

"Wage

period", ⁱⁿ

relation ^tothe

payment ^ofwages^{ofan em-} ployee,·

means^a

wage period

fixed ^{by an}

employer

under section 16 ⁱⁿ

respect of

such

employee ;

(22) "Wages"

means

wages asdefined ^inthe

Payment ^of

Wages A1.:t,

1936

(IV ^of

1936)

and includes any allowance^towhich an

em- ployee ^{isfor thetime}

being

entitled^;

(23) "Week" means ^a

period ^ofseven ^daysbeginning ^at

midnight of

Saturday night ;

(24)

"Year" means ^a

period ^oftwelve months^ofthe

Gregorian

Calen- dar

commencing

on the first

day

of

January .

.

J.

(I): Notwithstanding anything

containedⁱⁿ,^this

Act, ^theStats Govemment may, by

notification^intheOfficial

Gazette,

declare any shop or

any establishment^or

any class

thereof to be^a

shop ^or

an

establishment, ( ^{asthecase maybe, forthe}purposes^{ofthis Act.}

(2) ^Onsuchdeclaration under sub-section

(l) ^the

shop ^ortheesta- blishment

specified ^inthe

notification

shall ^be

deemed^tobea

shop ^oran e&tablishment, ^asthecase

may^{be, to}which^thisAct

applies, ^andthe provisions ^{ofthis Act}shall

apply ^{tosucha shop orsuchan}establishment.

4.

(1) Nothing

in

this Act

shall

apply ^to- (a)

offices^ofthe

Union^ortheState Government^oroflocal authorities and

of the Reserve Bank of

India,

the State Bank of

India and

other nationalised

banks

and

corporations ;

(b) any transport service,

motor

service, any industry,

business or

undertaking

which

supplies power, light

or water to the

public

and such other

public

utility corporate

bodies and

associations or classes thereof as the State

Government may, by

notification in the Official

Gazette, exempt

from

.

the

operation

of

this Act ; (c)

establishments^{run by the}Union^ortheState

Government :

(d)

establishments ^{for the}treatment^orcareofthe

sick, ^the infirm or the

mentally

deranged;

and for the

benefit of the destitute ;

(e) pharmacies ^or

shops dealing

mainly ⁱⁿ

medicines,

surgical or medical

applicances,

so far as the

sale

of

these articles is concerned ; ·

(f) surgical ^orclinical

homes ; Declaration by ^theState Governtllent. Act not

·applicable ^to certain

s.hops establish- ments and perSOlll.

4

(g)

shops dealing ⁱⁿarticles

required ^for

funerals,

burials^or cremations so^{farasthesaleof}these articles^isconcerned^; (h)

(i)

(j)

(k)

(1)

shops ^orstalls

dealing mainly ⁱⁿ

vegetables,

meat, fish,

dairy produce,

bread,

pastries,

sweetmeats,

flowers^sofarasthe retail sale of these article;

is concerned^; stalls or refreshment ^roo.nsrun

by, ^orwiththe

permission of, ^theUnion^orthe

State

Government, ^andsituate within the

premises ^or

precincts ^ofinstitutions

belonging

to, ^orrun by ^suchGovernment^; shop,

stalls^orrefreshment rooms^inanypublic

exhibition ^M show, or ^sofaras

such shops,

stalls^orrefreshment rooms deal ⁱⁿretail trade

which ^is

solely subsidiary ^orancillary ^to the ^main

purposes ^ofsuchexhibition^orshow; shops ^orstalls ^inanypublic ^fair; shops ^orestablishments

dealing ⁱⁿ

petroleum products^; Suspension

of

provisions of ^the

Act. Exemption of child. Woman and young-man to work

only between ⁷ a. ^m.and 7. p.m.

(m)

excise

shops^; (n)

persons whose^workis

inherently

intermittent, ^{suchas a} traveller, a

canvasser, ^a

watchman, ^a

messenger ^ora

care- taker ;

(o) persons exclusively employed in connection^withthe

collection, despatch,

delivery ^or

conveyance^of

goods ^orthecustoms formalities thereof ;^and ' •

(p) ^such

other

shops, establishments^or

persons ^orsuchclasses^of any of

them^as!he State .Government may, by

notification

in the Official Gazette

exempt

from the

operation

of

all^or

any, of the

provisions

of this

Act. . ·

(2) Notwithstanding anything

contained ⁱⁿsub-section

(1), ^theState Government may, by

notification

in the Official Gazette declare

that^any shop,

estabiishment^or

person specified ^inthatsub-section

shall^notbe exempt ^fromthe

operation ^ofsuch

provisions ^{ofthisActas maybe} specified ^inthenotification ^{andthat this}

provisions ^ofthisAct

specified in such notification

shall

apply ^tosuch

shop,

establishment^or-

person.

5. Prior ^toor

during ^afestival^orother

special

occassions the State Government ^maysuspend,

by

order

notified^inthe

Official Gazette^the operation ^ofallor

??)1^of

t?e

provisioi;is^{of thisActforsuch}period°and ·

subject ^tosuchconditions^{asit maydeemfit..}

CHAPTER II

EMPLOYMENT ^OFWOMAN^AND

YOUNG-MAN

6. ^Nochild

shall ^be

employed

in any shop ^orestablishment.

7. Notwithstanding anything

contained in

this

Act, ^{no man}who has- not attained

majority

unde?

the Indian

Majority

Act,

1875

(IX

of

1875)

and no woman shall ^{· be}

required ^orallowed^toworkwhether^asan

employee or otherwise

in^a

shop ^oranestablishment before

7 ante meridiem and after ¹

post meridiem. -

(b)

8.

Notwithstanding anything

contained

in this

Act,-.

(a) ^{no manwhohasnot}attained

majority

under ^theIndian

Majo- rity ^{Act, 1875}

(IX ^of

1875) ^and

no_

woman shall^be

requ?red or allowed to work as an

employee

in ^a

shop

or an establish- ment for more than seven hours

in^a

day

or

forty-two

hours in in a week ; and no such man and no woman shall be

required

or allowed to work in a

shop

or

an establishment for more than

four hours con- tinuously ^ina

day

unless^suchan

employee ^hashadan interval for rest^ofatleast one hour. Explanation.-The

period ^of"seven hours"^or

"forty-two

hours" referred to in clause

(a)

does not include the

intervals for rest.

CHAPTER III

SHOPS

Daily ^and weekly

hours of work for woman and young-man. Opening ^· and

closing hours of shops.

9.

(l)

No

shop

shall on

any day

be

_opened

before the hour of seven o'clock ante meridiem

during

the

months of

September, October, November,

Decem- ber,

January ^and

February, ^and

before the hour of six

O'clock ante meri- diem

during

the

months of

March,

April, May, June,

July

and

August:

(2) ^.No

shop

shall^on

any day

remain open after^the

hour

of seven O'clock post

meridiem

during ^the

months ^of

September, October,

November,

De- cember, January ^and

February, ^andafter^the

hour of

eight

O'clock

post meridiem

during ^the

months of

March,

April, May,

June,

July

and

August.

IO.

(1)

Every

shop

shall

be closed on one

day

in each week. (?) ^TheState

Government^may,by

notification

in. ^the

Official

Gazette,

?;°sst??s.dJy require in

respect

of every shop, ^orof any specific

class

of

shops

that it shall ^beclosed at such hour as

may be

specified

in the

afternoon of one specified day ^ineach

week,in

addition^tothe

day

referred toin

sub-section/I), '

\ .·

(3) ^{The day on}which^a

shop

shall^be

closed ^ineachweek

under sub- section (1)

shall be

specified

and

displayed by

the

employer

in a

conspicuous place

in.the

shop:

Provided that no

employer shall; more often than once in a·

period bf three

m:onths,

after the

day

so

specified. ^·•

.

.

'(4) ^Nodeduction shall^bemade from

the wages of any employee

in a

shop

on account of any day

on which

it has remained closed

under this section.

11.

(1)

No

employee

in a

shop

shall be

required

or allowed to work .- in such

shop

for more than nine

hours in a

day

and

for more than

forty eight

hours^inaweekorafter ^thehours

prescribed

under sub-section

(2)

of section ^{9. ·}

(2) ^An

employee ^ina

shop

shall^be

allowed an interval for rest

of at least ^halfan^hour

after every three

hours of

continuous work. Hours of

work

and intervals.for rest

in

shops.

(3) ^The

periods ^of work ^andintervals ^forrestof each

employee

in^a shop

shall ^besoarranged by ^the

employer ^thattogether

they do ^not extend ^overmorethan twelve·

hours^{in a}day. Explanation

.---The period of "nine hours"^or"fifty hours"

referresi to

in sub-section (I)

does ^not include ^theintervais. ^for

rest. ·

CHAPTER ^IV

ESTABLISHMENTS

Maximwrt

point ^{of time ,} for

.!Pf9&

over inan establish· ment for publiccmt9· taimncnt ^or ammemG.

15. Notwithstanding

anything contained ⁱⁿsection 14,

the

spread-over of an establishment ^for

public entertainment ^oramusement shall ^not extend,

beyond ¹²mi.dnigbt.

-

6

16.

Every employer shall n., u

·pi.'ri,;d 1;1

respect or'

which wnges shallpayabie to

the

empioyee ; Provided that the

en,,.,luver inav

Bx

diifcrenr wage

periods

f01:

different ?mployees OJ'

different

classes of

en1p!oyee:

Provided further that no

wage

pc;riod shall exceed one

month, ·17.

(1) All

wages

payable to an

employee in a

shop or

an

establishment Paymellt of shall be

paid

by

hrs

employer before the

expiry

of

the seventh

day after the wqea. last

day

of the wage

period in respect of

which the wages are

payable :

.

Provided that in case an

employee

is

absent until such

expiry

the wages shall be

paid within a

period of

three

working days from the

day on

which he attends

for work

again. ·

(2) Where an

employee

in a

shop or

an

establishment is

required towork in excess

of

the

limits of

hours of

work

specified in section 1 J or

section 13 or

section

14, as

the case

may be,he shall be

entitled in respect

of

the over.time

work,

to

propo.rtionatt!" wages

at

the rate

of

twice

the

ordinary rate

ofwages received

by

him 'for the

time

being. C3) Where the service of an

employee is

terminated

by or on

behalf of

his

employer, or

where it

is

terminated on

account

of

the

closure of

theshop or the

establishment for any reason

other

than a

weekly or

other reco-gnised

holiday,

the

wages earned

by

him

shall be

paid

before the

expiry of

the second

working day

from the

day on

which his service is

terminated, (4) All payments

of

wages shall be

madt on a

working day

at or

nearthe

place of

work and

during working hours. F;xplcmation.-The provisions contained in

sub?section

(1) shall notbe construed as a

bar to the payment of

wages,

on

accouµt

of a

festival orotherwise, before the

expiry

of

the wage

period in respect or which thewases

are

payable.

·

18.

No

deductions other than

those which may be

prescribed shall be

maoe

by

the

employer from the wages

of

bis

employee.

19. An

employee

in a

shop

or an

establisb.men.t shall be entitled- J.c4v., (a)

after every twelve months'

continuous

service, to

privilege leave on full wages for a

total

period of one

month ;

(b) ⁱⁿ

every year,

to

casual

leave on full

wages

for .a

total

period not

exceeding twelve

days ; and (c)

after every twelve months'

continuous

service, to

sick

leave onhalf wages for a

period not

exceeding one

month on

the certi-fication of

registered medical

practioner whose name

is

in theIndian

Medical Council

Act,

1956

(CII

of

1956); ),•,wid?j

.th

it n o

leave admissible under this

section shall be

accnnnilated.

Limited application of ^thepay· ment ^or Wages ^Act,

1 936.

Appoint- ment of inspectors. Inspectors. to the

public servant. Powers and jurisdiction of an^Ins; pector, Explanationr--Ycs ^the

purposes ^ofthis

section, ^anemployee

shall be

deemed to^have

completed ^a

period ^oftwelve months'

continuous service in a

shop ^{or an}establishment notwithstanding interruptions in the service

during

those twelve

months caused

by

sickness,

accident^or authorised

leave not

exceeding

ninety days

in

the

aggregate

for all

three, ^or

by ^a lock-out or

by

intermittent

period

of

involuntary unemployment not exceeding

thirty days ^{in the}

aggregate, ^andauthorised

leave shall ^bedeemed ^{not to} include any weekly holiday

aliowed under this Act which occurs^atthe beginning ^{orend ofan}interruption

caused ^{by such}

leave^..

20.

(1) Notwithstanding anything

contained

in the

Payment

of

Wages Act, ¹⁹³⁶

(IV ^of

1936),

herein referred ^toas"thesaid

Act", ^the Government may, by

notification

in the Official

Gazette,

direct that

subject ^tothe

pro- visions ^ofsub-section

(2), ^{thesaid Act}shall

apply ^tosuch

shops ^orestablish- ments as

may be mentioned

in that notification.

(2) ^Onthe

application ^ofthe

provisions ^{ofthesaid Actto anyshop} or establishment

under sub-section

(1),

the

Inspector appointed

under this Act, shall ^bedeemed^tobethe

Inspector ^forthe

purpose ^ofenforcement -

of ^the

provisions ^ofthesaid ^Actwithin the local limits of

his

jurisdiction.

CHAPTER ^VI

INSPECTION ^ANDPENALTIES

21.

(1)

The State Government^may,by _notification

in the Official Gazette,

flppoint ^such

persons ^orsuchclasses ^of

persons ^.asitmay. think

fit to be

Inspectors ^forthe

purposes of this

Act within such local

limits as it may assign

to them

respectively.

(2) ^TheState Governme?t-^may,by

notification- ^asaforesaid, appoint any person ^tobe

the Chief

Inspecting

Officer

who

shall, in addition ^tosuch powers ^{as maybe}

prescribed,

exercise

the

powers ^ofan

Inspector throughout the State. -

22.

Every Inspector appointed

under section 21

of this Act shallbe

deemed ^tobea

public

servant within ^the

meaning ^ofsection ²¹

ofthe ·

Indian Penal

Code

(^ActXL ^Vof

1860).

-

23.

(1) Subject ^to

any rules

made under this

Act

by the State Govera- ment, ^an

Inspector ^maywithin ^thelimits ofhisjurisdiction- (a)

enter, during such· hours ^asmay ^be

prescribed

?nd

with..?uch assistance, ^ifarty,^{as maybe}necessary,^anypremises which

is;; or which

he

has reason to believe as,

a

shop

or an establishn:tent ;

.

'

.

''

.

(b) inspect·any registers,

other .documents ^andnotices maintained under this

Act or the rules

made thereunder^;1 (c)

record^{onthe spot or}otherwise ^thestatement of any person

which ^hemay -consider necessary for

carrying ^outthe

purposes of this

Act^:-

·

·

Provided ^thatnoperson

shall ^be

compelled ^toanswer ^anyquestion ^or give ^anyevidence

tending ^toincriminate- himself^; and

'- .

(d)

exercise ^suchother powers ^asmay ^be

prescribed ^for

carrying out the purposes ^{of this}

Ac!,

9

(2) ^The

Inspector

shall for the purposes of any

inquiry

under

thisAct have the same

powers

regarding

the

summoning

and

attendance of witnesses and

'production

or

documents as a Civil

Court has under the Code of

Civil

Procedure,

190:-;

(Y

of

1908).

24.

Any person who

voluntarily obstructs an

Inspector

in

the exercise of any power conferred on him

by or under this Act or

any person law- fully

assisting

an

Inspector

in

the exercise of such power

or who failswithout

sufficient cause to

comply

with any lawful

direction made

by

an Inspector

shall be

punishable

with

imprisonment which may extend to six months or with fine

which may extend to

two

hundred

and·fifty rupees

or with

both.

25.

Any person who contravenes any provision

of

this Act or

any ruleer order made

thereunder

shall,

if no other

penalty

is

provided

for the affence,

be

punishable

with a fine which may extend to two

hundred and fifty rupees for the

first

offence and to

five

hundred rupees for every subsequent

offence after the

first

conviction:

Provided that in case such a

person is a

company

or a

registered part- 11.ershipfirm, every director, partner, manager

or

secretary

thereof or

every officer thereof who

functions as such

by

whatever

designation shall,

unless'

lle proves that the contravention took

place

without his

knowledge or that1le

exercised

due

diligence

to

prevent

such

contravention,

be

deemed to

have eommitted such

contravention. krL. 26.

(1)

No

Court

inferior to a

Magistrate

of the

First

Class shall

try bt:·a11. offence

punishable

under

this Act or rules or orders made

thereunder.

(2) ^NoCourt shall^take

cognizance

of such

offence

except

on a

complaintmade

by

an

Inspector

or

by

an

aggrieved

employee

in a

shop

or

an

establish- ment or

by

a relative of such an

employee,

including

his

legal representativein

the case of a minor :

Provided that a

complaint

under this

sub-section shall be

made within t ninety days

from the date on which the

offence is

alleged

to

have been ! eommitted. ?

f Explanation.,--For the purposes of

this

section,

"relative" means

any .. !

lineal discendant or

ascendant;

brother or

sister, or

father-in-law, or

mother- {

in-law of

the

employee.

,

CHAPTER VII

REMOVAL AND

RE-EMPLOYMENT Penalty for obstructing Inspector. General

Penalties. Cognizance of

offences. ·27.

(1)

No

employee

in a

shop

or an

establishment,

who

has

been ,,·n continuous service ^{fornotlessthansix}

months ^{inthat shop or}esta- ':;;??ent, sh.all^be

discharged ^{from his}service

except ^fora

reasonable cause 'i

(a)

he has been

given one

months' notice in

writing

indicating

the reasons for

discharge

and

the

period

of notice

has

expired, or he has

been

paid

in

lieu of

notice, one

month's wages in advance;

and

(b) ^{he hasbeen}

paid,

at the

time of

discharge, compensation which shall be

equivalent to fifteen

days' wages

:

Discharge ^ol employees.

Re-emplpy.- ·

· meat;of.di:;,0., charaed

eIJ1ployee.

Termination

of service by or on behalf of emplo-

yces.

10

Provided ^{that no}notice under

clause (a)

shall be

ne.::s..?· cf

the discharge ^isunder ^an agreement

which specified a date for

:?::

:2?at:0r:

of service ^;and Provided

further ^thatsuch notice shall ^notbe

necessary if ^thejjsci,.a:ge?

is ^{on a}charge

of such misconduct ^{as may} be

prescribed ^oronhis .:onncrion on ^acriminal

charge involving

moral turpitude.

(2) ^Adischarge done against

the provisions of sub-section

(I)

sh.ai.?

be ^anoffence

under· this Act, and ^the

Court shall,

without prejudice ^toaB?

other provisions

of ^thisAct, have

power ^to

give

relief to the aggrieved person by ^wayofreinstatement or money compensation ^or both.

Explanation.-For^the

purposes of this section, ^anemployee shall ^be

deemed ^{tobe in}continuous service ^{in a}shop ^oran establishment

notwith- standing- ^anyinterruption in the service caused by sickness, accident, llutho-

rised

leave ^orlock-out, or by intermittent periods of involuntary urtemple-y- ment, and authorised leave shall

be deemed not ^toinclude

any w.eekly helid,?Y allowed-under ^{this Act}which occurs at the beginning ^or end of--an irttetrup- tion caused by

such leave.

28. (1) ^Noemployee in ^ashop ^oran establishment shall

.terminate his service

unless he has given ^tothe employer a notice

in writing of ^at

l?ast one

month. ' ^{.·•, -}

'

(2)

Where ^anemployee in ^ashop ^oran establishment c;Qn?r.?v?ae$ the provision

of sub-section (1), ^theempioyer ^may foi:feit ^any:unpaid w?git?:r?:=:1:::?:s.fi::; ::y:?esta))lish,ocnt ^has..\>

under section^27, and ^the.employer

proposes subseq??ntly ^to.take i.a,to:the ^{shop orthe} establishment, ^{asthe casemay} be, ^anyperson'

as^aa employee

thereof, ^he shall, in ^such

manner as:

may be prescribed;

give

an 0p:r,ortunity^to:the', discharged e:inployee ^tooffer

himself for r:e-erilployrp.elit, and such discharged

employee, as offers himself

for' ·re-employmenf,

shall have

preference^overother

persons

:

·

Pro.vided

that

in

case the discharged

employee ^{is not a} citizen/of-India or has left Manipur without giving ^hisaddress ^to the employer, the"e'mplic,'ycr shall ^notgive ^himsuch

OJ?Por:tunity.

CHAPTER ^VIII

MISCEL?ANEOUS Annual

statement ^of the emplo- yer ^..

- .

30. (

l) ^Theemployer

of^ashop or an establishment

shall, in such

manner^.., as may be

pre?cr_ibed, submit to the Chief

}nsp_ectin? OfpfCr, ;tfl, AAUual \-1

statement shO"".'lil?^the

number of

employees ⁱⁿ

_h1s shop Or ei;:t?9\t?h,?e?h the ^·rates ^otwages

and other benefits given to the. 'em,pl.9.Y,l';C?, before ^theend ^{of the} month ^ofJanuary following the year ^towliich,

thf statement

relates.^. -??

(2) ^lncaseanemployer fails,

without reasonable cause to the satisfactioG of ^theChi?f Inspecting, Officer ^tosubmit ^thestatement as)r6vided ⁱⁿ,ubwi

seetion {1) ^{and the}rules made thereunder, ^hesha11 be

liable^{t'opay a}nn•i not exceeding ifty

rupees. ·

··

?

·1 i 1

(3) Non-payment ^ofsucharin,:;

,11a1! ^be.anoffence

punishable uader this Act

31.

(I) ^The

employer ^ora

shop

or an establishment shall

maintain such

registers

and other

documents.

and

display

such

notices,

a

smay be

prescribed.

(2) ^Such

employer

shall^ondemand

produce ^for

inspection ^of an

Inspector,

all

registers,

documents

and notices

required

to be

kept under or for

the purposes ^{or thisAct.}

32. An

offence under

this

Act may be

compounded

by

the com-

.

plaina,nt ^or

by ^his

legal representative ^inthecaseofa

minor, ^and thecomposition

shall ^{have the}effect^of

acquittal ^oftheaccused with- whom ^theoffence^has

been

compounded

:

Provided ^thatifthe

complainant ^isan

Inspector,

se shall Bot com- po?nd ^the

offence

without ^.,_econcurrence^{of the}

employee, ^ifany,^for whose

benefit^the

-cornplaint

was made.

33. All

offences

under this Act shall be

bailable. 3"4. No suit or

any other

legal proceeding

shall

lie

against any person in

respect

of

anything

done in

good

faith under

ihis

Act^or rules or orders made thereunder.

35.

Notwithstanding anything

contained in

this

Act, every

em- ployee ^ina

shop ^{or an}establishment shall

be

.

entitle to

.leave

of absence for three national

holidays

and for any days

he. may. select, .

.

not more than three in

number in a

year, for the

purpose

of

attending

)

eeremcnies^or

performing

functions^orduties connected^withor

en- ?oincd by ^his

religious

faith. Mainteaaace of

registers, etc.

Composition of

offences

.

Bail. lndemaity. GClleral holiday.

36. The

employer

shall,

in

accordance with rules made

by

the

Provident Sta,te

Government, provide ^a

provident· ^fundforthe

benefit of every

F\iad^er employee ^inhis

shop- ^orestablishment^and

shall

contribute to this fund· ^•·hiployecs, aa amount of 6

1/4 percent

of the total

wages of every such

emyloyee:

?ovided ^thatthissection

shall

apply

only

to such

places or such ela,sacs ^of·

shops ^orestablishment as

may by

notification in the

Official Gazette, ^be

specified ^inthat

behalf

by ^theState

Government ; and Provided further that such

employers

as

fail

.to

provide provident fU;1ui. ill..

$pite ^{of sucha}notification

shall ^be.

punishable

with

impri-. seament which may .extend to six months or with a fine not

exceeding Ive

h?dr?tj r:u..?es,

or with both. :::B ll1 ·.41)

The.State ·Government may, by

notification in.

the Official ??

a,id.s.ubjcct ^tothe

condition^of

previous

.publication

thcr?in, ma.kc

niles

to

carry

out the purposes of

this Act. & ^·

(2) ^In

particular ^and

without

prejudice

to the

generality

of tae lfi>regoing power,^suchrules^mayprovide ^for-

(a) ^the

special

circumstances wherein deductions from the· wages of

employees may be made

by

the

employCl' ;

(b) ^the

_powers ^of

the

Chief

11

(c) ^thepowers of the

Inspectors, and the

hours

during wbioh tho Inspector can

enter

certain

premises, under section 23 ; ( d) ^themanner of

giving opportunity

to a

discharged employee for offering

himself for

re-employment under

section 29 ;

.

(e) ^themanner of

submission of annual

statement

under

section 30 ;

(f) the

registers

and

other

documents to be

maintained

by

the em- ployer

of a

shop

or an

establishment, and the

notices to

be dis- played,

under section

31,

and

the mode

of

display

of such

noti-c!I;

(g) measures of

sanitation, proper

upkeep

and

ventili\tion of

shopsand

establishments,

and ./

(h) ^the

provident

fund of

employees

in a

shop

or

an

establisbmeasunder section 36.

(3) Every ^rulemade

under this section shall be

laid, as

soon as

may be

after it

is.

made,

before the

Legislative

Assembly

of

Manipur while it iiisession for a total

period

of

fourteen

days

which may be

comprised in oae session or in two

successive

sessions and

if,

before the

expiry

of

the

session.n

which it

is so laid or in

the session

immediately

following,

the

Assembly·resolves that any modification be

made in the rule or that the

rule

should

.

not be

made,.

the

rule shall

thereafter have

effect

only

in such

modified fori» ·

01 be of no

effect, as the case

may be,

so

however, that any such.

modifi.c?ti-o11or annulment

shall be

without

prejudice

to

tho

validity

of

anything previolll'sJydone under that

rule.

38.

The?ovisions

of the

_Workmen's Compensation Act, 192]

(Yl!Iof

1923)

and

of rules made

thereunder

shall, mutatis

mutendis, a.ppiy

to

every

.

employee-in a

shop

or

an

establishment.

39. On and

from the date on which this Act comes

into

operatioa i:aany

area or in

respect

of any class of

shops or

establishments, the

WeeklyHolidays Act,

1942

(XVIII

of

1942)

shall cease to

apply

to

such area or

Slica dass.

40:

·

Nothing ^inthisAct shall be

deemed to

apply to any persoa

cnapley?

factory

which is

governed

by

the

Factories

Act,_ 1948

(L VIII of

1948).

.

. (2)

Anything

done or

any action

taken

(including any

not:itlcati-,order,

rule,

form made or

issued)

under the

repealed

Act

shall in so

far aa it is not

inconsistent with the

provisiens

of this

Act, continue

in

f crce

'imlOiland

until it

is?superseded by

anything

do:ne or

any a?ion taken

m acesr- dance;..wi1h?!A?

·

· Persom ·emp1o,ect^m factonesta benotgo.. vemed

b7 this

A?

1lepeal and^41.

(I) ^The

Assam

Shops

and

Establishments

Act,

1948

(Assut A.ct •vmss. ., XIII of

1948)

as

extended to

Manipur

is

hereby repealed?