Assam Shops and Establishments Act, 1971

{
    "id": 15092,
    "slug": "assam-shops-and-establishments-act-1971-1971",
    "title": "Assam Shops and Establishments Act, 1971",
    "short_title": "Assam Shops and Establishments Act, 1971",
    "act_number": "(Assam Act 21 of 1974)",
    "act_year": 1971,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Assam Shops and Establishments Act, 1971",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title extent and commencement.",
            "chapter": null,
            "content": "Chapter I\nPreliminary",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definition.",
            "chapter": null,
            "content": "(1) \"apprentice\" means a person aged not less than twelve years whom an employer em-ploys in his service for training by himself or by any other person for any trade or calling :\n(2) \"child\" means a person who has not completed his fourteenth year ;\n(3) \"closed\" means not open for the service of any customer or to any business connected with the establishment ;\n(4) \"commercial establishment\" means an establishment in which there is conducted the business of advertising, commission, forwarding or commercial agency, a department of a factory in which persons are employed in a clerical capacity in any room or place where no manufacturing process is being carried on, a clerical department of any industrial or commercial undertaking including one of public transport, an insurance company, joint stock company, brokers' office or exchange, or such other establishment or class thereof as the State Government may, by notification, declare to be a commercial establishment for the purposes of all or any of the provision of this Act, but does not include a shop or an establishment for public entertainment or amusement ;\n(5) \"day\" means the period of twenty-four hours beginning at midnight :\n(6) \"employee\" means a person wholly or Principally employed in and in connection with any establishment and includes and apprentice ;\n(7) \"employer\" means a person owning or having ultimate control over the affairs of an establishment and includes the manager, agent or other person acting in the general management ;\n(8) \"establishment\" means a shop or a commercial establishment or an establishment for public entertainment or amusement ;\n(9) \"establishment for public entertainment or amusement\" means a restaurant, eating house, cafe, cinema, theatre and such other establishment or class thereof as the State Government may by notification, declare to be, for the purposes of this Act, an establishment for public entertainment or amusement, but does not include a shop or a commercial establishment ;\n(10) \"factory\" means a factory as defined in or declared to be a factory under the Factories Act, 1948;(Central Act No 63 of 1948).\n(11) \"half day\" means a period of six consecutive hours between the hours of half past seven O'clock ante-meridiem and seven O'clock post-meridiem ;\n(12) \"Inspector\" means an inspector appointed under this Act ;\n(13) \"leave\" means leave provided for in Chapter III of this Act ;\n(14) \"notification\" means a notification published in the official Gazette ;\n(15) \"opened\" means opened for the service of any customer or to any business connected with the establishment ;\n(16) \"period of work\" means the time during which an employee is at the disposal of the employer ;\n(17) \"prescribed\" means prescribed by rules made under this Act ;\n(18) \"prescribed authority\" means the authority prescribed by rules made under this Act ;\n(19) \"shop\" means any premises where any trade or business is carried on or where services are rendered to customers, and includes office, store rooms, godown or warehouse whether in the same premises or otherwise used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948(Central Act No. 63 of 1948), or an establishment for public entertainment or amusement ;\n(20) \"spread over\" means the period between the commencement and the termination of the work of an employee on any day ,\n(21) \"wages\" means pay at whatever intervals paid and includes dearness and such other allowances payable in terms of money and includes the value of lodging and such other amenities whose value is capable of being computed in terms of money ;\n(22) \"week\" means the period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the prescribed authority ;\n(23) \"year\" means a year commencing on the first day of January.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Exemptions.",
            "chapter": null,
            "content": "(a) person employed in any establishment in a position of management ;\n(b) person whose work mainly involves travelling, and persons employed as canvassers and caretakers and whose names do not appear in the muster rolls ;\n(c) establishments under the Central or any State Government, local authorities, the Reserve Bank of India or any other Bank, any Railway administration and cantonment authorities ;\n(d) any water transport service, or motor service, or any system of public conservancy or sanitation, any industry, business or undertaking which supply power, light or water to the public arid such other public utility companies or associations or classes thereof as the State Government may by notification, exempt From the operation of this Act ;\n(e) clubs, residential hotels and boarding houses ;\n(f) stalls and refreshment rooms at railway station, docks, wharves and airports ;\n(g) establishments for the treatment or care of the sick, infirm, destitute or mentally unfit :\n(h) shops or classes of shops dealing mainly in vegetables, meat, fish, dairy products, bread, pastries, sweetmeat and flowers so far as the retail sales of these articles are concerned ;\n(i) pharmacies or shops dealing mainly in medicines, surgical appliances bandages or other medical requisites so far as sales of those articles are concerned ;\n(j) shops dealing in articles required for funerals, burials or cremations so far as the sales of those articles are concerned ;\n(k) shops dealing in tobacco, cigars, cheroots, cigarettes, biris, pan, liquid refreshment sold in retail for consumption on the premises, ice. newspaper or periodicals so far as the sales of these articles are concerned ;\n(l) shops dealing in supplies, stores, or other articles necessary for shops so far as sales of these articles are concerned ;\n(m) shops or stalls in any public exhibition or show so far as such shops or stalls deal in retail trade which is solely subsidiary or ancillary to the main purposes of such exhibition or show ;\n(n) shops or stall in any public fair or bazar held for charitable purposes ;\n(o) barber's and hairdresser's shops ;\n(p) shops dealing in petroleum products or spare parts for motor vehicles or cycles ;\n(q) excise shops ;\n(r) establishments in mine and oilfield :\n(s) any person employed in a confidential capacity, messenger, watchman or exclusively in connection with the collection, despatch, delivery and conveyance or customs formalities of goods or such other persons or classes of persons as the State Government may, by notification, exempt from the operation of all or any of the provisions of this Act ;\n(t) such seasonal commercial establishments engaged in the purchase of raw jute or cotton ginning or cotton or jute pressing and the clerical department of such seasonal factories and such other establishments as the State Government may, by notification, exempt from the operation of all or any of the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Power of Government to apply the Act to exempted persons or establishment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Exemptions.",
            "chapter": null,
            "content": "Chapter II\nHours of Work",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Daily and Weekly hours.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Extra wages forever time.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Interval for rest.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Spread ever.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Opening and closing hours.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Closing of shops and grants of weekly holidays for religious purposes.",
            "chapter": null,
            "content": "Chapter III\nLeave",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Application of chapter.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Anneal leave with waves.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Wages during leave period.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Power of Inspectors to act for employees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Power to exempt establishment.",
            "chapter": null,
            "content": "Chapter IV\nWages",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Application and amendment of the Payment of Wages Act.",
            "chapter": null,
            "content": "18.\nChapter V\nEmployment of Children and Women",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "19",
            "title": "19. Prohibition of employment of children.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "20",
            "title": "20. Prohibition of employment women and parsons be low seventeen years during night.",
            "chapter": null,
            "content": "Chapter VI\nHealth and Safety",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "21",
            "title": "21. Cleanliness, ventilation and lighting.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "22",
            "title": "22. Precaution against fire.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "23",
            "title": "23. Appeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "24",
            "title": "24. Apportionment of expenses under preceding sections.",
            "chapter": null,
            "content": "Chapter VII\nEnforcement and Inspection",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "25",
            "title": "25. Appointment of Inspectors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "26",
            "title": "26. Powers and Duties of Inspectors.",
            "chapter": null,
            "content": "(a) enter, at all reasonable times and with such assistants if any, being persons in the service of the Government or any local authority as he thinks fit, any place which is or which he has reason to believe is an establishment\n(b) make such inspection of the premises and of any prescribed registers/records and notice and take on the spot or otherwise evidence of any person as he may deem necessary, for carrying out the purposes of this Act ; and\n(c) exercise such other powers as may be necessary for carrying out the purpose of this Act :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "27",
            "title": "27. Inspector to be public servant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "28",
            "title": "28. Employer to produce registers records etc., for inspection.",
            "chapter": null,
            "content": "Chapter VIII\nOffences, Penalties and Procedure",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "29",
            "title": "29. Penalties.",
            "chapter": null,
            "content": "(a) by the employee of an establishment either by himself or through the Union of which he is a member within three months from the date on which the offence is alleged to have been committed ; or\n(b) by the Inspection within six months from the date on which the alleged offence comes to his knowledge.\nChapter IX\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "30. Maintenance of registers and records and display of notices.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "31. Saving of certain rights and privileges.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "32. Indemnity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "33",
            "title": "33. Delegation of powers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "34",
            "title": "34. Powers to make Rules.",
            "chapter": null,
            "content": "(a) Health, safety, welfare of employees, holiday for occasions ;\n(b) the form and the date for application of registration or renewal of certificate and fees payable for such registration or renewal ;\n(c) the particulars with respect of certificate of registrations or renewal thereof ;\n(d) the manner of taking precaution against fire ;\n(e) the setting up an appellate authority, the limitation for filing appeal and manner of giving notice ;\n(f) any other matter which has to be, or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "35",
            "title": "35. Power of Government to suspend provisions of the Act during fairs and festivals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "36",
            "title": "36. Registration of Establish.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "37",
            "title": "37. Repeal and Saving.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th June, 2020 [ass410]",
        "Act Number": "(Assam Act 21 of 1974)",
        "Enactment Date": "",
        "Act Year": "1971",
        "Short Title": "Assam Shops and Establishments Act, 1971",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:19"
}