The Nagaland Shops and Establishment Act, 1985
nagaland · 1985
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Nagaland shops and Establishments Act
- S. 2Section 2 defines key terms used in the Nagaland Shops and Establishment Act, 1985, including "apprentice," "child," "closed," and "commercial establishment."
- S. 3(1) nothing contained in this Act
- S. 4The State Government can extend or modify the Act's provisions to certain classes of establishments or persons.
- S. 5Appointment of pond-keepers (1) Every pound shall be in the charge of a pound-keeper appointed by the local authority c
- S. 6Limits employee work hours to eight per day and forty-eight per week, with overtime restrictions.
- S. 7Section 7 mandates overtime pay at double the ordinary wage rate for employees working more than eight hours a day or forty-eight hours a week.
- S. 8Section 8 limits employee workdays in Nagaland establishments to four hours with a one-hour rest interval.
- S. 9Cattle damaging land may be seized and police to aid such seizures
- S. 10Section 10 authorizes officials to seize cattle damaging public infrastructure and send them to the nearest pound within 24 hours.
- S. 11(1 ) Every shop shall remain entirely closed for one day in each week
- S. 12Special provisions for cattle straying In aerodromes
- S. 13Section 13 grants employees in Nagaland establishments leave with wages after 12 months of service, including privilege, medical, and casual leave.
- S. 14Section 14 outlines the procedure for selling unclaimed impounded cattle after a week if not claimed.
- S. 15Delivery to owner disputing legalIty of seizure, but making deposIt
- S. 16Section 16 outlines the procedure for selling impounded cattle if the owner fails to pay fines and expenses.
- S. 17Section 17 allows the Nagaland government to apply the Payment of Wages Act to shops and establishments in the state.
- S. 18Section 18 mandates employers to provide notice or compensation before dismissing long-term employees, except for misconduct, and allows appeals to an authority for reinstatement or compensation.
- S. 19officers and pound-keepers not to purchase cattle at sale under this Act
- S. 20Section 20 allows any person to file a complaint within ten days if their cattle were seized or detained illegally under the Act.
- S. 21Section 21 mandates cleanliness, ventilation, and lighting in establishments, with inspectors ordering necessary improvements.
- S. 22Compensation for illegal seizure or detention and release of cattle
- S. 23Section 23 allows compensation, fines, and expenses from violations to be recovered under criminal procedure rules.
- S. 24Section 24 penalizes those who obstruct or rescue cattle seized under the Nagaland Shops and Establishment Act, imposing fines and imprisonment.
- S. 25The section empowers the State Government to appoint inspectors and the Labour Commissioner as Chief Inspector for enforcing the Act.
- S. 26Section 26 allows inspectors to enter and inspect establishments to enforce the Nagaland Shops and Establishment Act.
- S. 27Powers of police to investigate offences under section 24
- S. 28Section penalizes pound-keepers for neglecting duties regarding impounded cattle, imposing fines up to fifty rupees.
- S. 29Section 29 outlines penalties and procedures for filing complaints for violations of specific sections in the Nagaland Shops and Establishment Act, 1985.
- S. 30Section mandates employers to maintain prescribed registers, records, and display notices as directed by the State Government.
- S. 31Preserves employees' existing favorable rights and privileges under other laws or agreements over the Act.
- S. 32DelegatIon of powers The Director may, by notification in the Gazette delegate all of any of his powers under this Act
- S. 33Power to make rules (1) The Government may make rules to carry out the purposes of this Act
- S. 34Section 34 repeals the Cattle Trespass Act, 1871 in Nagaland but preserves existing pounds under the Nagaland Shops and Establishment Act, 1985.
- S. 35The State Government can suspend parts of the Act for certain shops or occasions as it sees fit.
- S. 36(1) Every employer shall have his establishment registered under this Act