Bare ActsThe Assam Shops and Establishments Act, 1971

Section 2

Amendment status not verified — confirm the current text below against the official source.

In this Act, unless there is anything repug- nant in the subject or context:- (1) "apprentice" means a person aged not less than twelve years whom an employer em- ploys in his servi.ce for training by himself or by any other person for any trade or calling : (2) "child" means a person who has not comple_ted his fourteenth year ; (3) "closed" means not open for the ser- vice of any customer or to any business connec- ted with the establishment ; (4) "commercial establishment" means an establishment in which there is con- ducted the business of advertising, commission, forwarding or commercial agency, a dt:partment 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 Stat e Government may, by noti- fication, declare to be a commercial establish- ment for the purposes of all or any of the provision of this Act, but does not include a shop or an establishment for public entertain- ment or amusement ; (5) "day" means the period of twenty-four hours beginning at midnight : Provided that in the case of an em- ployee whose hour of work extend beyond mid- night, day means the period of twenty-four hours begi.nning when such employment commences ; (6) "employee" means a person wholly or nrincipallv employed in and in connect ion with any establishment and includes and apprenti.ce ; (1) "employer" means a penon ownin~ or having ultimate control over the affairs of an establishment and includes the man:i.ger . a ~ent or other person acting in the general manage- ment; J' .- ·- 3 (8) "establishment" means a shop or a commercial establishment or an establishment for public entertainment or amusement ; (9) " establishmen~ for public entertain- ment 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 e:stablish- ment; (10) "factory" means a factory as defined Central Ac 1 in or d.eclared to be a factory under the Factories No4.863 of Act, 1948 ; 19 • (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 ; (12) "Inspector" means an inspector ap- pointed under this Act ; (13) "leave" means leave provided for in Chapter III of this Act ; (14) "notification means a notification published i.n the official Gazette ; (15) "opened" means opened for the ser- vice of any customer or to any business connec- ted with the establishment; (16) "period of work" means the time during which an employee is at the disposal of the employer ; (1 7) "prescribed" means prescribed by rules made under this Act ; (18) "prescribed authority" mean::; the authority prescribed by rules made under this Act; (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 wa.rehouse whe- ther in the same premises or otherwise used in 4 connection with such trade or businf'ss but doe5 ...... ~ - not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits Central Act provided for workers under the F~ctories A:ct, ~~8 63 of 1948 or an establishment for public entertam- · ment or amusement ; (20) "spread over" means the period bet- ween the commencement and the termination of the work of an employee on any day; (21) "wages" means pay at whatever in- tervals paid and includes dearness and such other allowances payable in terms of money and in- cludes the value of lodging and such other amenities whose value is capable of being com- puted in terms of money ; (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 ; (23) "year" means a year commencing on the first day of January. Exemptions.

Section 2 – The Assam Shops and Establishments Act, 1971 | DailyLaw.ai