Bare ActsThe Sikkim Shops and Commercial Establishment Act,1983

Section 7

revocation of licence

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

revocation of licence. 4 (h) offices of lawyers; and (i) any other class of es tablishments or class of persons which e State Government may, by notification, exempt from the optra- tion of this Act. s. The State Government, may, if satisfied that the public interest so re- quires or that the circumtances of any establishment are such that it would be just and proper so to do, by notification, exempt either permanently or for any specified period, any establishment or class of establishments or person or class of persons to which or to , whom this Act applies, from all or any of its provisions, subject to such restrictions and, conditions as the State Government may specify in the notification. CHAPTER II REGISTRATION OF ESTABLISHMENTS Every establishment to which this Act applies shall be registered in accor- dance with the provisions of this section. Within thirty days from the date on which the Act applies to an establish- ment, the employer shall send to the Chief Inspector, a statement in a prescribed form, together with such fees as may be prescried containing ;- (a) the name of the employer and the manager, if any; (b) postal address of the establishment; (c) the name, if any, of the establishment; (d) the category of the establishment, i.e. whether it is a shop, com- mercial establishment, residential hotel, restaurant, e'ating house, theatre or the place of public amusement or entertainment ; and (e) such other particulars as may be prescribed. On the receipt of the statement and the fees, the Chief Inspector on being satisfied about the correctness of the statements made therein, shall re- gister an establishment in the register of establishments and shall issue in the prescribed form, a registration certificate to the employer. The registration certificate shall be displayed at a conspicuous place in the establishment. (4-) Registration certificate granted under sub-section (2), shall be valid upto the end of the year for which it is granted. An application for the re- newal of a registration certificate shall be submitted not less than fifteen days before the date of expiry of the registration certificate or of the re- newed registration, as the case may be, and shall be accompanied by such fees as may be prescribed and the renewed registration certificate shall . be in such form, as may be prescribed. (5) ,In the event of any doubt or difference of opinion between an employe r and the Inspector as to the category to which an establishment should be- long, the Inspector shall refer the matter to the Chief Inspector, who shall, after such inquiry as he thinks proper, decide the category of such estab- lishment and his decision shall be final for the purposes of this Act. (2) (r) The Chief Inspector may suspend or revoke a licence granted under this Act and may for that purpose require the holder of licence by notice in writing to deliver up the licence to it or to any other officer within such time as may be specified in the notice. The Chief Inspector may, by an order in writing, suspend a licence, for such period as he thinks fit or revoke a licence,- (a) if he deems it necessary in the interest of the public safety to sus- pend or revoke the licence j or (b) if the licence was obtained by suppression of material information I or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of sending an application for the licence; or , '!i 5 (c) if the holder of licence has failed to comply with notice under sub-section (r) requiring him to deliver up the licence. (3) The Chief Inspector may also revoke a licence on the application of the holder thereof. Where the Chief Inspector makes an order suspending or revoking a licence under sub-section (2) he shall record in writing the reasons there-/ of and furnish to the holder of licence on demand a brief statement of the same. (5) A Court convicting the holder of licence of any offence under this Act or rules made thereunder may also suspend or revoke a licence : Provided that if the conviction is set aside in appeal or otherwise, the suspension or revocation shall be final. (6) On the suspension or revocation of licence under this section, the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation. S. (I) Any person aggrieved by an order of the Chief Inspector refusing to grant Appeals. a licence or by an order of the Chief Inspector suspending or revoking a licence may prefer an appeal against the order to the Secretary in the Department of Labour of the State Government within thirty days from the date of commencement of the order of refusal, suspension or revocation, as the case may be : Provided that an appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the Secretary that he was prevented by sufficient cause from preferring the appeal within the said period. (2) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished by the appellant and by such fees as may be, prescribed. (3) No appeal filed under this section shall be disposed of until the appellant is given reasonable opportunity of being heard. (4-) Every order of the Appellate Authority confirming, modifying or re- versing the order appealed against shall be final. CHAPTER III SHOPS AND COMMERICIAL ESTABLISHMENT 9· (r) No shop- Opening hours oj shops.

Section 7 – The Sikkim Shops and Commercial Establishment Act,1983 | DailyLaw.ai