Meghalaya Shops and Establishment Act, 2004
No: 4 Dated: Apr, 05 2004
THE MEGHALAYA SHOPS AND ESTABLISHMENT ACT, 2004
ACT 4 OF 2004
An Act to provide for regulation of conditions of work and employment in shops and commercial establishments and establishments for public entertainment or amusement in the State of Meghalaya and for matters connected therewith. Be it enacted by the Legislature of the State of Meghalaya in the Fifty-fourth Year of the Republic of India as follows:-
1. Short title, extend and commencement:- (1) This Act may be called the Meghalaya Shops and Establishment Act 2003
(2) It extends to the whole of the State of Meghalaya.
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint, and different dates may be appointed for different areas or for different classes of shops or establishment.
2. Definitions:- In this Act, unless is everything repugnant to the subject or context,
(a) “child” means a person who has completed his fourteenth years;
(b) “closed” means not open for the service of any customer or to any business connected with the establishment;
(c) “commercial establishment” means an establishment in which there is conducted the business of advertising commission forwarding or commercial agency a department of a factory in which persons are employed in a cliental capacity in any room or place or no manufacturing process is being carried on a clerical department of any industrial or commercial undertaking including public transport any insurance company, joint stock company, brokers office or exchange or such other establishment or class thereof as the State Government may, by notification, declared to be a commercial establishment for the purposes of all or any of the provisions of this Act, but does not include a shop or an establishment for public entertainment or amusement;
(d) “day” means the period of twenty-four hours beginning at midnight; Provided that in the case of an employee whose hour or work extend beyond midnight, “day” means the period of twenty-four hours beginning when such employment commencement;
(e) “Employee” means a person employed either whole time or part time whether directly or through any agency, and whether for wages or other consideration or in connection with any establishment an includes an apprentice but does not include a member of the Employees Family;
(f) “employer” means a person owning or having ultimate control over the affairs of an establishment and includes the manager, agent or other person or other person acting in the general management;
(g) “establishment” means a shop or a commercial establishment or an establishment for public establishment or amusement;
(h) “establishment for public entertainment or a amusement” means a restaurant eatin, house, cate, cinema, theatre and such other establishment or class thereof the State Government may, by notification declare to be, for the purposes of this Act an establishment for public entertainment but does not include a shop or a commercial establishment;
(i) “holiday” means a period of six consecutive hours between the hours of half past seven O’clock and meridian and seven O’clock past meridian.
(j) “Inspector” means an inspector appointed under section 19 or this Act;
(k) “leave” means leave provided in Section 11,12 & 13 of this Act;
(l) “notification” means a notification published in the official Gazette;
(m)“opened” means opened for the service of any customer or to any business connection with the establishment;
(n) “prescribed” means prescribed by rules made under this Act;
(o) “rules” means rules made by the State Government under this Act;
(p) “shop” means any premises where goods are sold either by retail or wholesale or where services are rendered to customers and includes an office, a storeroom godown or warehouse whether in the same premises or otherwise used in connection with such trade or business, workshops including automobile garages accumants establishment, drawing and designing firms, solicitor’s establishment but does not include a commercial establishment or a shop attached to a Factory where the persons employee in the shop are allowed the benefit provided for workers under the Factories Act, 1948 (General Act No. 63 of 1948) or an establishment for public entertainment or amusement;
(q) “Wages” means pay at whatever intervals paid and includes dearness and such other allowance payable in terms of money and includes the value of lodging and such other amenities whose value is capable of being computed in terms of money; and
(r) “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;