Bare ActsThe Manipur Shops and Establishment Act, 1972

Section 25

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

Any person who contravenes any provision of this Act or any rule er 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 that 1le 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) No Court shall take cognizance of such offence except on a complaint made 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 representative in 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 for not less than six months in that shop or esta- ':;;??ent, sh.all be discharged from his service except for a 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 has been 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 is under an agreement which specified a date for :?:: :2?at:0r: of service ; and Provided further that such notice shall not be necessary if the jjsci,.a:ge? is on a charge of such misconduct as may be prescribed or on his .:onncrion on a criminal charge involving moral turpitude. (2) A discharge done against the provisions of sub-section (I) sh.ai.? be an offence under· this Act, and the Court shall, without prejudice to aB? other provisions of this Act, have power to give relief to the aggrievedperson by way of reinstatement or money compensation or both. Explanation.-Forthe purposes of this section, an employee shall be deemed to be in continuous service in a shop or an establishment notwith- standing- any interruption in the service caused by sickness, accident, llutho- rised leave or lock-out, or by intermittent periods of involuntary urtemple-y- ment, and authorised leave shall be deemed not to include any w.eekly helid,?Y allowed-under this Act which occurs at the beginning or end of--an irttetrup- tion caused by such leave.

Section 25 – The Manipur Shops and Establishment Act, 1972 | DailyLaw.ai