The Sikkim Shops and Commercial Establishment Act,1983
sikkim · 1983
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- S. 1(1) This Act may be called the Sikkim Shops and Commercial Establishments (Amendment) Act, 2005
- S. 2Section 2 provides for the commencement date of the Sikkim Shops and Commercial Establishment Act, 1983, which may vary for different provisions and areas.
- S. 2SSection 2S prohibits sale of shop goods for consumption outside after closing time except on premises.
- S. 3Section 3 amends the Sikkim Shops and Commercial Establishment Act, 1983, increasing fines and adding imprisonment for violations.
- S. 4In the said Act, after section 78, the following new section shall be inserted, namely:- (1) "78A
- S. 6lishments
- S. 7revocation of licence
- S. 10Section 10 sets specific opening and closing times for different types of shops and prohibits hawking before and after these hours.
- S. 12hours of commercial establishments
- S. 13hours of work in commercial establish- ments
- S. 14Section 14 limits shop or commercial establishment employees' daily work to five hours with a mandatory one-hour rest break.
- S. 16Section 16 limits employee work hours to eleven per day, with government authority to extend via notification.
- S. 17(I) Every shop Of establishment shall ~emain closed on one day of the week
- S. 18Section 18 regulates the opening and closing times for restaurants and eating houses in Sikkim.
- S. 19Section 19 prohibits the sale of goods sold in shops outside fixed opening and closing hours in restaurants or eating houses for on-premises consumption only.
- S. 20(I) Except on the day that may be notified under sub-section (3) of section 18, no employee shall be re9
- S. 22Section 22 limits employee work hours in hotels, restaurants, or eateries to fourteen hours, with possible reduction to thirteen and a half hours by government permission.
- S. 23Section 23 mandates employers in hotels, restaurants, or eating houses to provide employees with identity cards containing specified details.
- S. 24Section 24 prohibits public entertainment venues in Sikkim from remaining open after 12 midnight.
- S. 26Section 26 limits employee work hours in public amusement places to nine hours daily, with an optional six-hour weekly extension.
- S. 27The period of work of an employee in a theatre or other place of public amuse- Interval for rest
- S. 28The spread over of an employee in a theatre or other place of public amusement or Spread over
- S. 29(I) Every employee in a theatre or other place of public amusement or en- Holidays in a week
- S. 30The employer shall fur ish every employee in a theatre, or other place of public Identity card
- S. 33Section 33 limits daily work hours for young persons to six hours and mandates a half-hour rest interval after three hours.
- S. 35Section 35 prohibits women from working in shops or establishments for six weeks after childbirth.
- S. 36Section 36 allows pregnant women to take leave for up to six weeks before delivery, subject to medical verification.
- S. 37Section 37 allows women to take maternity leave without penalty if absent due to pregnancy or related illness.
- S. 38Section 38 provides for maternity benefits for women employed in commercial establishments in Sikkim.
- S. 39Section 39 allows nursing mothers in commercial establishments to take half-hour breaks twice daily for breastfeeding.
- S. 40Section 40 allows employers to dismiss pregnant women but ensures maternity benefits if dismissal lacks sufficient cause.
- S. 41Section 41 of the Sikkim Shops and Commercial Establishment Act, 1983 provides leave for women employees who have a miscarriage or medical termination of pregnancy, and special leave for employees undergoing sterilization.
- S. 45The premises of every establishment shall be ventilated in accordance with Ventilation
- S. 46(I) The premises of every establishment shall be sufficiently lighted during Lighting
- S. 47In every establishment such precautions against fire shall be taken as may be Precaution against prescribed
- S. 48In every establishment wherein a manufacturing process as defined in clause, First-aid
- S. 49Section 49 of the Sikkim Shops and Commercial Establishment Act, 1983, provides employees with annual leave, sick leave, and casual leave with wages after 12 months of service.
- S. 50Section 50 mandates employees to receive holiday or leave pay equivalent to their average daily wages for the preceding three months.
- S. 51The section allows the State Government to increase annual holidays and holiday accumulation for shops and commercial establishments by notification.
- S. 52Section 52 allows recovery of unpaid wages as delayed wages under the Payment of Wages Act, 1936, and empowers inspectors to initiate proceedings.
- S. 53Section 53 mandates employers to pay wages and overtime at double the regular rate for any extra work.
- S. 56Section 56 mandates gratuity for long-serving employees and timely wage payments, with exemptions possible.
- S. 58Section 58 mandates payment of wages due for leave to employees before the leave begins.
- S. 60Section 60 mandates that wages must be paid without unauthorized deductions, except those specified under the Sikkim Shops and Commercial Establishment Act, 1983.
- S. 61(1) No fine shall be imposed on any person employed save in respect of such Fines
- S. 62Section 62 allows deductions from an employee's wages only for actual absence from work, with specific rules for collective absences.
- S. 63Section 63 outlines the procedure for making deductions from employees' wages for damages caused by their neglect or default, and mandates record-keeping of such deductions.
- S. 64Section 64 prohibits wage deductions for non-accepted employment terms like housing unless the deduction equals the service's value.
- S. 65Section 65 allows recovery of advance wages given before employment from first wage payment, except for travel expenses.
- S. 66Section 66 allows the State Government to impose conditions on deductions under certain clauses.
- S. 67Section 67 mandates employers to provide notice or wages in lieu for employee terminations after specific service durations, except for misconduct.
- S. 68Section 68 appoints Inspectors and a Chief Inspector for Sikkim Shops and Commercial Establishment Act, 1983.
- S. 69Section 69 grants inspectors powers to enter and inspect commercial establishments, examine records, and investigate offenses under the Sikkim Shops and Commercial Establishment Act, 1983.
- S. 70Section 70 deems inspectors under the act as public servants and regulates recovery of un-earned wage advances.
- S. 72Section 72 mandates employers or managers to produce required records for inspection by an Inspector under the Sikkim Shops and Commercial Establishment Act, 1983.
- S. 76Section 76 allows prosecution of individual partners or members for offenses, with options for firms and companies to designate a resident employer.
- S. 77(I) No prosecution under this Act or the rules made thereunder shall be instituted except by an Inspector
- S. 78Section 78 of the Sikkim Shops and Commercial Establishment Act, 1983 mandates a six-month limit for filing complaints to prosecute offenses under the Act.
- S. 78ASection 78A allows certain offenses to be compounded by a Joint Labour Commissioner for a fine between ₹500 and ₹2,000, with no further prosecution if paid.
- S. 79Section mandates employers to maintain prescribed registers, records, and notices, subject to state government orders.
- S. 80(I) The State Government may, subject to previous publication, make rules to carry out the purposes of this Act
- S. 81(I) All the notifications, rules, regulations and orders relating to shops and Repeal and Savings
- S. 1983(BILL NO