TripuraAct No.8 of 1970 TJlE Pl{IPW{J{ S9iOPS .M('D 'E9I!lttBLIS!J{M'£9{qJ .9LCH; 1970
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Tripura Act No.8 of 1970
THE TRIPURA SHOPS AND ESTABLISHMENTS
ACT, 1970 ARRANGEMENT OF SECTIONS Section l . Shore title, extent, commencement
4. Act or some of its provisions nol applicable to certain establishments. 5. Holidays in shops and eslabllshments.
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 cmploymem of young persons or women. 11. Leave.
12. Person employed to be entitled £O 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 lermination of services. 16. Resigtration of shops and establishmems .
17. Shop-keepers and employers ro maintain an£1 keep records, ere. 18. Person employed 10 be furnished with the leHcr of appoimment. 19. Appointment of Inspectors. 20. Powers of Inspectors. 2L Penalties. ''• } 22. Procedure. 7\ 23. Indemnity. 24. Saving of cerlain rights and privileges. 25. Power co make rules.
' i 26. Repeal and savings. :J _i
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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 oflndia as follows:-
Short tille, 1. (l) This Act may be called the Tripura Shops and Establishments extenL Act, 1970.
(2) h extend~ to the whole of the Union territory ofTripura.
commence-
(3) It shall come into force on such date as the Administrator mCJy, ment, and
application. by notification in the Tripura Gazette, appoint ; and diffcrcnc dates may be appointed for different provisions of this Act or for different areas or for different class or classes of concerns or undertakings or for different class or classes of concerns or undertakings or for different class or classes of shops or establishments.
2. In this Act, unless there is anything repugnant in the subject or Definitions. context-
"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; "
/. Su!JJ/itat"d by T/Je Tripura S!Jops am/ E>lflblislmtt'nls (Amendment) AL'f. 1982, w.e.f J6A./':J83. 2. lll!it'f/"'' ibid. ·. i ------------------------~~~-------------------------
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(b) "commercial establishment" means an advertising, com- mission 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 undercakings as the Admin- istrmor may, afler taking inlO consideration the nature of their work, by notificotion, in the Tripum Gazene, declare to be commercial establishments, for the purposes of this Act, but does nm include a shop or an establishment for public entertainmcm or mnusements ;
(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 per!'mn in the general management or control of such establishment;
(e) "establishment" means a comrilercial establishment or an establishment for public entertainment or amusement;
(f) "establishment for public entertainment or amusement"
means a hotel, restaurant, eating-house, cafe, cinema, i
- theatre and includes such other cases or classes of : ~ concerns or undertakings as the Administrator may, afrer taking into considen:nion the nature of their work, by notifi-
cation, in the Tripuru Gazette, declare to be, for the
purposes of this Act, establishments for public entercain-
ment or amusement, but does not include a shop or a com-
mercial establishment ;
1 ((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
I, lnscrlcd by Tire Trip11ru S/rops mod Esrubli~lrmc/1/s (Armmdmc11/} Acl, 1982, w.c.f 16.4. 1983. ----------------------~~~-----------------------
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(g) "half day" means a continuous period of five hours and a half-
(i) in the case of a shop or 1m establishment for public entertainment or llmusemenr, beginning at the com- menccmcnr, or ending on the termination, of the ordinary daily working hours uf such shop or csmb- lishment, as chc case may be, and
(ii) in the case of a commercial establishment, benvcen the hums of 1[ •••••••••• ] ciglH o'clock ante meridiem:
and !l. ......... ] eight o'clock post melidiem :
14 nr 1947. (h) "lock-om" and "strike" have the same meaning as in the Industrial Disputes Act, 1947:
(i) notification" means a notification published in the Tripura G:lzette :
"person employed" rnenns a person wholly or principally employed, whether directly or through any agency and whether for W;Jges or other consideration in connection with any shop or establishment, and includes an apprentice, but docs no\ include a member of the employer's family:." ;.1
(k) "prescribed" means prescribed by rules made under this .! ·.·: Act;
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;:; ~ (I) "registering auLhority" means the Chief Inspector of Shops ·j
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....;. any area: 6
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'] ~ ; ·=~ ~ I. l>dt•tt•d by Tlw Tripura !;/wjH oud Fsw/J/i.( Sn·oud Am<'lllllll<'lll) Act. 1988. ll'.<'.f /6. 10./988_ ~:j 2. /)o'fo•lcd ihi1/. :'1 3 Sub.
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(m) "shop" means any premises used wholly or in part for rhe sale of services to customers or for the who lcsale or rctai 1- sale of commodities or attic les, either for cash or on credit, and includes any offices, store-rooms, godowns or ware houses, 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, afrer wki ng into consideration the nature of the work carried on there, by notification, declare ro be shops for the purpose of this Act, but does not include an establishment. Explanation :- If any doubt arises as ro whether any premises arc a shop or a commercial establishment for public emertainment or amusemem, the
question shall be referred to the Administrator by the registering authority suo motu or on application and the decision of the Administra[Or thereon shall be final ;
(n) "shop-keeper" means a person owning or huving 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 of comrol of a shop;
(o) "wages" means wages as defined in rhe Payment of Wages 4 of 1936. Act, 1936;
(p) "week" means a period of seven dnys beginning at mid- night on sunday; and
(q) "young person" means a person who has completed his twelfth year but has not completed his fifteenth year.
3. References to time of day in this Act shall be deemed robe references References to Indian Standnrd Time, which is five and a half hours ahead of Greenwich to time of day. Mean Time. ' ~
I 4. (1) This Act shall not apply to- Act or .~ome or
Hs tlrovisions
nnl applicable (a) officers of or under the Central or State Government, The to certain Reserve Bank of India, any Railway Administration or any establishmrnls, local authority ; shops and persons. --------------------------~211~-------------------------
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(b) any railway service, airways service, water transport service, tramway or mmor service, any postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry, business or undcnaking which supplies power, light or waLer to the public ;
(c) institutions for the treatment or care of the sick, infirm, destitute or mentally unfit ;
(d) shops or stalls in any public fair or buzar held for a charita- .. • ..: i ble purpose ; or
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(e) sw\b; and refreshment rooms at railway stations, docks. wharves or airports.
(2) The Administrator may, if he thinks fit so lo do in the public interest, by nDLification, exempt, subject to such contlilions, if any, as may be specified in the norification, from the operation of any of the provisions of this Act other rhan those of sections 8, 9,
(a) any c1ass ~r classes of shops or establishments either generally or on such occasion or occasions, in such area or areas and for such period or period~ as may be specified in the notification ;
(b) any class or classes of persons employed in a shop or an establishment,--
~·.i (i) in a managerial or confidential capacity, or ·.i (ii) as u traveller, canvasser, messenger, watchman or ctlrew taker, or (iii) exclusively in connection with customs examination, collection, despatch, delivery or conveyance of goods from
or to booking offices for transport by rail, road of air, docks,
wharves or airports.
Holidays in 5. (I) In each week-
shopsund
establishments. (a) every shop or commercial establishment shall remam
emirely closed on, and
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(b) every person employed in a shop or an establishment shall be allowed as holiday,
at least one day and half day next preceding or next following such day.
(2) No deduction on account of any holiday allowed under sub- section ( l) shall be made from the wages of any person employed in a shop or an establishment, and even if such person is employed on lhe basis of 'no work', no pay' , have been entitled lo had he not been allowed the holiday.
(3) The day and the half day during which a shop or an csmblish- menr shall be entirely closed in each week under clause (a) of sub-section ( 1) shall, subject to the provisions of sub-section (4), be determined from time to time by the shop-keeper or employer, as the case may be, and shall be specified by him in a notice, which shall be displayed in a conspicuous place in the shop or the establishment :
Provided that the day and the half day so determined shall not be al- tered more than once in any year.
(4) The Administrator may, if he thinks fit so to do in the public interest, by notification, specify any particular area and the day and the half day during which all or any class or classes of shops or establishmems in such area shall be entirely closed under clause (a) of sub-section (l), and thereupon the provisions of sub-section (3) shall apply to the day and the half day so specitled as if they were determined under sub-section (3) by the shop-keeper or employer of every shop or establishment of such class or classes in such area.
6. (l) In no shop shall the hour of opening be earlier than eight o'clock Hours or ante meridiem or the hour of closing be later than nine o'clock post meridiem: work in shops. Provided Lhat if the Administrator or any officer empowered in this
behalf by lhe Administrator thinks fit so to do in the public interest, the
Administrator or such officer may, by notification, charge such limits of the
hours of opening and closing of shops, ei thcr gcnerall y or for any particu Jar
area or fix uniform hours of opening und closing of all or any class or after
the hour of closing of all ar any class or classes of shops in any particular
area.
(2) No person employed in a shop be required or permitted to work
\ in such shop for more then eight hours and a half in any one day or for more .( i than forty eight hours in any week or after lhe hour of closing of such shop. J ------------------------~~~-------------------------
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-.; :; i ' ~ ... ··' Provided that in any day and in any week in which stock taking, tmtk- ing up accounts or such other business operation as may be prescribed mkes place in any shop, a person employed in the shop may be required or permit-
ted to work overtime in such shop so, however, that- ") (i) the total number of hours of his work including oveni me 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 permitLed 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.
(4) The hours of work and intervals for rest of every person em- ployed 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 7. ( 1) In no hotel, restaurant, eating-house or cafe shall the hour of clos- cstablishments. ing be later than eleven o'clock post meridiem.
(2) No person employed in an establishment shall be required or I 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 afier the . ' .· .· : hour of closing of such establishment: ·:
·I Provided that a person employed in an establishment may be required
or permiued to work overtime in such establishment 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 : . ·j • nor exceed one hundred and twenty hours in any one year. o>.\ (3) No person employed in an eslablishment shall be required or permitted to work in such esmblishment for more than six hours in any one day unless he has been allowed an imerval for rest of at least one hour during that day. ------------------------~~·~------------------------
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(4) The periods of work and intervals for rest of every person employed in an esmblishment shall be arranged by the employer of such person so thm together they do not extend over more than ten hours and a half in any one day. S. Notwithstanding anything contained elsewhere in this Ace - Special prm·isions ror
(a) no young person employed in a shop or an establishment young persons. shall be required or pennitteJ 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 peri ads of work of young persons in a shop or an est a b- lishment 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.
1 [8A. Notwithstanding anything contained in this Act, benefits admissible "Benefits to a young person under any other law for the time being in-force shall also Admissible be enjoyed by a young person under this Act in addition to, and not in dero- under other law loa young gation of, the benefits provided under this Act. persons.
9. No child who has not completed the age of twelve years shall be Restriction on employed in any shop or establishment. employment of children. 10. No young person shall be required or permitted to work in any shop or Reslriction on emploJme.nl or establishment after eight o'clock post meridiem and no woman shall be
·-f persons or
·.~ allowed or permitted to work- UOOliDL
'I (a) in any estoblishment for public entertainment or amuse-
ment other than a cinema or a theatre, after six o'clock post
meridiem, or
(b) in any shop or commercial establishment, after eighr o'dock
post meridiem.
J. luH'rt<'ri IJI' Tlu• Tripum Shops aut! Es!u!Jiislw!<'nl.•· (Second Amcudmrul/ ACI, 1988, w.c.f. 16. J0./988. ----------------------~2[5~----------------------
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Leave. 11. A person employed in a shop or an establishment shall be emit led- -'I '. . 1
··.: _::-; (a) for every completed year of cominuous service, to privi- -'·i lege leave on full pay for fifteen days,
(b) in every yeur, to sick leave on half pay for fourteen days on medical certificate obtained from a medical practitioner -·~ -~ Bengal Acl registered under the Bengal Medical Act, 1914, or any other VI of 1914. law for the time being in force,
(c) in every year, to causal leave on full pay for twelve days:
-•• ~ I Provided that- (j
(i) an employee who has completed a period of four monlhs 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 thnn one day's causal leave for every month:
Provided flll1her that-
(i) privilege leave admissible under clause (a) may be accu- mulmed upto a maximum of not more than fifty six days ;
(ii) sick leave admissible under clause (b) may be accumulated upto a maximum of nor more than one hundred and twelve d;Jys; and
(iii) causal leave admissible under clause (c) shall not be accu- mulated.
Explanation :- In ca 1c uI ali ng any lea vc due under this Act, employment in any shop or cstablishmenl before the application of this Act shall be taken into account. ------------------------~~~------------------------
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' :1 i 1 12. Any person employed in a shop or an establishment whose services Personemploycd to I are termi nmed by or under 1h e orders of the shop-keeper or the emp 1o yer be enlilled to wages s h a 11 b e entt · t 1 c d to wages r r : or t h e pen · o u . r o f pn·v 1- 1 e ge I eave d ue to h. t s ere d" t t at fporri litlheeg e pleeraiwodi no f the time of such terminntion. caseof tennination .: or ser\'ice . 13. When any person employed in a shop or an establishment is required Wages for or permitted to work ovenime in such shop or camblishmcnt, the wages overlimework. payable to such person in respect of such over!ime work shall be calculated at the rate of twice the ordinary rule of wages p
._ .~ ordinary rate of wages shall be calculated in such manner as may be pre-
scribed:
Provided that this section shall not operate to the prejudice to uny higher
rate of overtime wages granted under any agreement, uw
vention. Explanation :- For the purpose of this section 'overtime work' shall
include any work done on any day declared by notification by the Adminis-
trator to be a National holiday. 14. (1) All wages payable to a person employed in a shop or an cstab- PaJment and lishment shall be paid not later than the tenth day of the month immediately recovery of succeeding that in respect of which such wages
person has not been made within the date rc ferred 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 authori~ed 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), ss the case may be, make an application to such officer or
suthority as the ad min istmtor 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 rhe officer or authority
thm he had sufficient cause for not making the application within such
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(3) The officer or authority Lo whom or to which an application un- der sub-section (2) is made may, afler giving the applicant and the shop- keeper or employer concerned an opportunity of being heard and af[er mak- ing 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 mher law, lie : ~ against the shop-keeper or employer the payment to the applicam of the amount deducted from the wage.~ or of the wages due, wgether with such compensa- tion. not exceeding ten Limes the amount deducted in the former case and not exceeding ten rupees in the Iauer, as the officer or authority may think fit:
Provided that no direction for the payment of compensation shall be made i 11 the cuse of delay in the payment of wages if the officer or authority .! is satisfied that the delay was due to-
(a) a bonafide error or bonafide dispute as to the amount pay-
able to the applicant, or (b) the occurrence of an emergency, or the existence of excep- tional circumstances, such that the shop-keeper or the
employer, as the case may be, was unable, though exercis-
ing reasonable diligence, ro make prompt payment, or
(c) the failure of the applicant to apply for or accept payment.
(4) Won hearing any application made under sub-section (2), the officer or nuthority is satistied that it was either malicious or vexatious, the officer or OJuthority 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 of- ficer or amhority making the order makes application in this behalf as if it were a fine imposed by such Magistrate.
(6) An appeal shall lie from an order of the officer or uuthority dis- missing any application made under sub-section (2) or giving uny direction under sub-section (3) or sub-section (4), if made wi£hin thirty days of the date on which the order was made to the Munsiff -Jmving jurisdiction over the area. ., I ------------------------~~~-------------------------
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(7) Nothing in this section shall apply to any person to whom (he Payment of Wages Act, 1936, applies under section I of that Act. 4 of 1936.
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,, lJ5. (I) The services of no person employed in any shop or establish· Notice of :i ment who has been in continuous service for nor less than one year shall be tcmtination
•I uf scrvkes. 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 hus expired or such person has been paid in lieu of such ;•,; notice, wages for the period of notice.
_•_[ Explanation - for the purpose of this section and section 11-
(i) continuous service includes any holiday, authorised leave or period of any strike which is not illegal or any lock-out: (ii) in computing a completetl year of cominuous service, section 258 of the Industrial Disputes Act, 194 7 shall,
mutatis mutandis, apply.
(2) Any person employed in a shop or an establishment whose
services have been terminated in contravention of the provisions of sub·section ( 1 ), or any legal practitioner or Inspectors appointed under sec- tion 19 may within one year from the dare of such tem1ination make an application to a Magistrme of the first class alleging such terminmion. The Magistrate, if satisfied that there is a prima facie case showing that services of the ~lcmployee have been terminated without sufficient cause, shall issue a notice to the person registered for the Lime being as [he shop- keeperor the employer under section I 6, to appeal in person or by an agent authorised by such shop-keeper or employer in writing in this behalf and show cause why proceedings sha\1 not be taken against such shop-keeper or employer under this section and may, after giving him or such agent an op- portunity of being heard, and after recording the reasons in writing, direct
1. Sui>J·Iiuued by Tfl<' Tripuru Slwp.< a111l F../9/'ilS. n·.<·.f
-I 16.10, 19/'i/1.
. ~ 2.. Substilulctl ibid. :! I
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that such shop-keeper or employer shall pay 1[two month's wages as compensa- tion and thereupon such shop-keeper or employer shall pay co the ~[employee the amount of compensation so directed to be paid, (3) The nmounl of compensation payable under this section shall, for purposes of its recovery, be deemed co be a fine imposed under this
Act. (4) The provisions of sub-sections (2) and (3) shall be in addition to, and not in derogntion of, the provisions of section 2 Lor uny 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 m
of shops and
cslablislunenls. (i) in the case of shops or establishments in existence on the date on which this Act applies- within such date as the Administmtor may, by nocitication, specify, and
(ii) in che case of new shops or establishments, if this Act
applies- within such period as may be prescribed, I apply for registration under this Act to the registering authority, in such form .:i together with such fee, 1[ ............................ ] as may be prescribed. Every such I application shall contain-
(a) the n
: ,i (b) the posml address of the shop or the establishment : (c) the name of the shop or rhe establishment;
I. Suf,.rrilrll<"d b•· The Tripum Shops wuf Esw/1/islmu•ms (SC'r:cmd llmcmdmt'lll J lie/, /9HH. ll'.t'.f. lf>./0.19XH. 2.. S/llutilul<'cl ibid. .J. Dt•ft•Jer/ by Thr Tril'!lrc! Shops 011d cl"lllillisluuclll.< ( Amem/mclll) ,\el, /982. w. .-.j: 16.-1.1911.1. ------------------------~~~------------------------
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:·: (d) declnmtion of weekly closing days in the ca~e of a shop ; -.j (e) such other particulars as may be prescribed. :i The registering authority on being satisfied about the correctne~s of the particulars shall register the shop or rhc establi:-;hmcnt in such manner as
may be prescribed and shall issue a certificate of registration in the pre-
scribed form to the shop-keeper or the employer.
., (2) The registering authority shall maintain a register of Shops and
-:. Esmblishments in the prescribed form.
(3) Every shop-keeper or employer shall display the certificate of
registration issued under sub-~ection (1) in a conspicuous place in the shop or the establishment.
(4) (a) Every shop-keeper or employer shall inform the register- ing authority in the prescribed form of any change in respect of any particulars contained in the application - . under sub-section (1) within seven days after the change has mken place :
Provided that the declaration of weekly closing days in the case of a shop shall not be changed more that once in any year.
(b) The registering authority, on receipt of such information and on payment of such fee, 1 [ ............................ ] as may be prescribed, shall, if satisfied about the correctness of the infom1ation, make necessary changes in the Register of Shops and Establishments and shall amend the certifi- cate of re gi strari on or issue a fresh certificate of regi stra- tion, if necessary.
J. Dcle/t'd b1· Tht• Tripura S/10ps wrtf Estaltlislmrrms I Amclu/m,•m/ Act, IWI2. w.c.J. /riA, !9113. ------------------------~~~-------------------------
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(5) A shop-keeper or an employer shall, within fifleen days of the winLI- ing up of his business, inform the registe1ing authority "und the employee oftht! shop orestablisbmcm as the case may be" in writing. The registering amhority, nn -~ being satisfied abom the conectness of the in fonnat ion, shall remove the name of the :-;hop or the establ ishmen l from the Register of Shops and Estn bl ish ments
·' I . ! cancel the cerri fi cmc of Registration .
·'
i i i (6) A shop-keeper or an employer shall apply to the registering au-
. ! thority in such form together with such fee, 1[ ............................ J as may be,
prescribed, for renewal of the certificate of registration within thiny days ',. after the expiry of three years from the date of the issue or renewal,
: t J o n mda li'lnlltpaliu~y crs cerne d s 11 a 11 , f' or t I1 e pu rposcs o f t I1 .1 s A ct, ma1.n ta1. n an d k· eep a reg1. ster o r· :.md keep employees in the pres.cri bed form and such other registers, records nnd docu-
records, clc. mems, and display such notices as may be prescribed :mu produce them on
demand by the Inspector. 2lThe Registers shall be kepi up-to-date.
(1) The register of employees. maimained and kept under sub-sec-
tion (I) m
Persons ft>umrnpilsohyeedd two ibthe I S. Every s I1 0p-keeper or employers1 1 a II I· u rnt· sh every person emp1 o yed ·t n letter ol' his shop or establishment with a leuer of nppointmcnt in such form as may
::appoinlmcnl. be prcsc ri bed.
:d
0 i
.jq1pointmeul J 9. (1) The Administr
of' lnspeclun;. sue1 1 c Ia ·s s o f persons as I1 c t 11 ·m ks r··1 t to be I nspectors ~1' 0r t 11 e purposes o f LI 1 1· s Act.
(2) All Inspectors appointed unuer sub-section (1) shall be deemed
Act XLV of to be public servants. within the meaning of section 21 of the lndinn Penal 1860. Code.
1 '."! I. Ddelt'd by rlw Trif""" Slwf,- wul Eswblisl!lll<'ll/.< ( A11u·mlm<·nl) A<'l, /2, luxaled ibid. . j ----------------------------~~~---------------------------
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20. Subject to mlcs made under this Act, an Inspector appointed under ~ection Po wcrs or 19 may, within the local 1i mits for wh ieh he is ap pain ted - lnsper tors. (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
inspccti ng any certi fic;.lte of registration, records, registers,
documents or notices required to he dis.played, or main-
tained and kept under this Act o1· the rules made there-
under anJ require the production thereof for inspection ;
(b) examine any person whom he tincts in any such premises
or place and who, he hmj re
~ : ·i officer as may be prescribed, or rake copies of .such regis- ters, records, documents or notices or ponions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been t:ommit- ted by the shop-keeper or employer.
1 [21. (I) whoever contravenes any of the provisions of Section 16 or Sec- l'enalties. Lion 17, shnll on conviction, be punishable with fi nc, mini mum of which shall not be les5 lhan rupees one hundred. but which may extend to rupees
five hundred for the first offence and to one thousand mpees for any subse-
i quent offence.
"j (1A) whoever contravenes uny of the provisions of Section 5 lo Sec- "'' .tion 13, Section 15 or Section IS, slw II on con viet ion be punishable with line, the minimum of which shall not be less than rupees two hundred, but
which may extend to seven hundred rupees and in case or any subsequent
coni ravcntion after first conviction, with imprisonment for a term which may
extend to three months or with rine, the minimum of which shall be not less
than rupees three hundred, bur which may extend to one thousand rupees or
with both.
(2) Whoever makes or causes or allows to be made in any register,
record, documenl or notice required to be m
I. SubslillStrops wul F..\I>IMislmlr'/111 ( St•cmul Amt•ndni<'JI/) Art. J'JH8. w.<'.f. 16./0./ Wi.~. --------------------------~223~--------------------------
18
under this Act or the rules made thereunder any entry whicn is to his knowledge fa lcs in any material ponicu lnr, or wilfully om.i ts or causes or allows m be ami ttcd from any such register, record, document or notice an entl)' required robe made therein, shall on conviction, be punishable with imprisonment of either description
for a term which may ex tend to three months or with fine 1f a mini mum of wh ie h
shall be n1pees 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) No court shull take cognisance of an offence punishable under
this Act except upon complaint made by an Inspector appointed under sec- tion 19:
~l ......................................................................................................... ] J[(3) An offence punishable under section 5, 6, 7, Ll, 16, 17 and 18 of
this Act may be tried summarily.
'1 [22A. Any offence punishable under the provisions of Section 5, 6, 7,
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Provided that the amount of fine shall not, in any cru;e, exceed I he maxi mu rn amount of fine which may be imposed for such offence under the Act, Provided further thm nmhing contained in this section shall apply to a per- son who commits the same offence within a period of 3 years from the date on which the first offence committed by him was compounded."
23. No suit, prosccu ti on or 1e ga! procccdi ng shall! ie against any person in re- lndcnmity. spect of anything in good faith done or intended to be done under this Act or the rules made thereunder.
24. Nothing in this Act shall effect any right or privilege to which any Saving or
person employed in any shop or eatablishment is entitled on the date of the ccrlain rights and prh·ilcgfs, 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 favourable to him than any right or privilege conferred upon him by this Act or granted to him at the time of appointment.
25. (l) The Administrator may, after previous publication, make rules Power to for carrying out the purposes of this Act. make rules. (2) In particular, and without prejudice to the generality of the fore- going power, such rules provide for all or any of the following matters, name! y --
(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 ;
I _, (d) the records and registers to be maintained and the notices to be displayed, by a shop-keeper and the employer under section 14 ; '! ------------------------~~~-------------------------
20
(e) the manner of appointment and qualifications of Inspec- tors appointed under section 19;
(t) 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 tine, which may extend to one hundred rupees, and where the breach is a continu- ing 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 shull 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
made, the rule shall thereufter have effect only in such modified form or be
of no effect, as the case may be; so however, that any modification or annul-
ment shall be without prejudice to the validity of anything done under that
mle.
26. (1) The Bengal Shops and establishments Act, 1940 (hereinafter
Repeal and referred to as the said Act) as extended to Tripuru under section 2 of the Saving. Union Territories (Laws) Act, 1950 (30 of 1950) is hereby repealed.
(2) Notwithstanding the repeal of the said Act ;mything done or any action taken or any proceedings started or any appeal prefened or any legal '; effect produced by or under the provisions of the said Act shall be deemed to have been done, taken, started, preferred, or produced by or under the corre- sponding provisions of [his Act as if such corresponding provisions where in force on the day on which such thing was done or such action was Laken or such proceeding was swned or such appeal was preferred or such legal effect was produced :
Provided that any weekly closing days or any working hours fixed un-
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LIST OF AMENDMENTS
I. The Tripura Shops and Establishment~ (Amendment) Act, 1982, w.e.f. 16.4.1983.
16.1 0.1988.
3. The Tripura Shops and Eslablishmenrs (Third Amendment) Act, 2000, w.e.f.
13.1.2000.
! j I
I ; ------------------------~~~-------------------------
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