Sikkim Shops and Commercial Establishments Act, 1983
No: 2 Dated: Mar, 07 1983
Sikkim Shops and Commercial Establishments Act, 1983
(Act No. 6 of 1983)
An Act to provide for the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of Sikkim in the Thirty fourth year of the Republic of India as follows :
CHAPTER I
Preliminary
1. Short title, Extent, Operation and Application. - (1) This Act may be called The Sikkim Shops and Commercial Establishments Act, 1983.
(2) It extends to the whole of Sikkim.
(3) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and for different areas or different classes of establishments.
2. Definitions. - In this Act, unless the context otherwise requires,
(1) "apprentice" means a person aged not less than fourteen years who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, business or employment in any establishment;
(2) "Chief Inspector" means the Chief Inspector appointed under section 68 (2);
(3) "child" means a person who has not completed his fourteenth year;
(4) "closed" means not open for the services of any customer or for any other purpose, whatsoever, relating to business;
(5) "commercial establishment" means an establishment which carries on any business. trade, profession or any work in connection with, incidental or ancillary to, any business, trade or profession and includes
(a) a society registered or deemed to have been registered under the Sikkim Co-operative Societies Act, 1978, (12 of 1978) and a charitable or other trust, whether registered or not, any business, trade, profession or work in connection with or incidental or ancillary to such business, trade or profession;
(b) an establishment which carries on the business of advertising, commission agency, forwarding or commercial agency or which is a clerical department of a factory or of any industrial or commercial undertaking;
(c) an insurance company, joint stock company, bank, broker's office and exchange; but does not include a factory, shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment
(6) "day" means the period of twenty-four hours beginning at midnight;
Provided that in the case of an employee whose hours of work extend beyond midnight, day means the period of twenty four hours beginning when such employment commences irrespective of midnight;
(7) "employer" means a person owning or having ultimate control over the affairs of an, establishment and includes the manager, agent or any other person acting in the general management or control of such establishment;
(8) "establishment" means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment and includes such other establishment as the State Government may, by notification, declare to be an establishment for the purposes of this Act;
(9) "factory" means any premises which is a factory within the meaning of the Factories Act, 1948 (63 of 1948) or which is deemed to be a factory under section 85 of the said Act;
(10) "goods" includes all materials, commodities and articles;
(11) "holiday" means a day on which an establishment shall remain closed or on which an employee shall be given holiday under the provisions of this Act;
(12) "Inspector" means an Inspector appointed under this Act;
(13) "leave" means leave as provided for in Chapter VIII of this Act;
(14) "local area" means any area or combination of areas to which this Act applies;
(15) "local authority" means the Gangtok Municipal Corporation constituted under the Gangtok Municipal Corporation Act, 1975, (4 of 1975) and includes any other body which the State Government may, by notification, declare to be local authority for the purposes of this Act;
(16) "manager" means a person declared to be a manager under section 6;
(17) "member of the family of an employer" means the husband, wife, son, daughter, father, mother, brother, sister of an employer who lives with and is dependent' on such employer;
(18) "notification" means a notification published in the Official Gazette;
(19) "opened" means opened for the services of any customer for any business of the establishment, for work, by or with the help of any employee of or connected with the establishment;
(21) "prescribed" means prescribed by rules made under this Act;
(22) "prescribed authority" means the authority prescribed under the rules made under this Act;
(23) "register of establishment" means a register maintained for the registration of an establishment;
(24) "registration certificate" means a certificate' showing the registration of an establishment;
(25) "residential hotel" means any premises in which a bonafide business is carried on of supplying for payment lodging or board and lodging to travellers and other members of the public -on payment and includes a residential club;
(26) "restaurant and eating house" means any premises in which is carried on wholly or principally the business of the supply of meals or refreshments to the public or a class of the public for consumption on the premises;
(27) "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 store room, godown, warehouse or work place whether in the same premises or otherwise used in connection with such trade or business notification published in the
(20) "period of work" means the time during which an employee is at the disposal of the employer; but does not include a factory, a commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;
(28) "spread over" means the period between the commencement and the termination of the work of an employee on any day;
(29) "theatre" includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of cinematograph or other suitable apparatus or for dramatic performances or for any other public amusement or entertainment;
(30) "wages" means wages as defined in the Payment of Wages Act, 1936;
(31) "week" means the period of seven days beginning at midnight of Saturday;
(32) "year" means a year commencing on the first day of January;
(33) "young person" means a person who is not a child and has not completed his seventeenth year.