Chapter IX MISCELLANEOUS

No suit,

prosecution or other legal proceeding shall lie against any public servant or any other person in the service of the Central Government or the Government, acting under direction of any such public servant, for anything in good faith done or intended to be done in pursuance of the provisions of this Act or of any rule made thereunder.

The provisions of this

Provisions of Workmen Compensation Act, 1923 and

Maternity Benefit Act, 1961 to apply mutatis-mutandis:-The Provisions of the Workmen's Compensation Act,1923 and the Maternity Benefit Act, 1961 and the rules made there under shall, mutatis mutandis, apply to every employee of a shop or commercial establishment.

1. (1) The Government may, by notification, make rules for carrying out the provisions of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- a) the form and manner in which an application shall be made under sub-section (2) to the Inspector-cum-Facilitator for obtaining the registration of section 5; b) renewal of registrations as per section 5(3) the measures to be taken by the employer relating to the health and safety (including cleanliness, lighting, ventilation and prevention of fire) of the workers under section 12; c) the matters to be provided by rules under sub-section (4) of section 13; d) the condition subject to which the provisions of sub-section
3. (1) and (2) of section 13 shall apply to certain class of workers under sub-section (5) of that section; e) rate of higher amount of wages under section 14; f) the provisions of sufficient latrine and urinals under section 19 and the provision of first-aid facility under section 21; g) the qualifications of Inspector cum Facilitators under subsection (1), conditions subject to which an Inspector cum Facilitator shall exercise his powers under sub-section (4), and other powers exercisable by him under sub-clause (e) of clause (ii) of sub-section (4), of section 23; h) the registers and records to be maintained by the employers under sub-section (1) of section 24; i) Prescribing of close day, opening and closing hours for different type of shops and establishments, area wise, bazaar wise. j) Any other matter which is required to be, or may be, prescribed.
4. (3) Every rule made by the Government under this Act shall be laid, as soon as may be after it is made, before the House of the Legislature.

The Government may by

notification in the Official Gazette exempt any shop and establishment, or class of establishments in any area or areas from any or all the provision of this Act by previous publication of two months of its intention to do so in the interest of general public.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of the commencement of this Act . (2). Every order made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of the UT Legislature.

The Jammu and Kashmir Shops and Establishments Act, 1966 is hereby repealed.

Provided that,—

1. (a) every appointment order, rule, bye-law, regulation, notification, registration or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rule, bye-law, regulation, notification or notice made, issued or given under this Act ;
2. (b) any proceeding relating to the trial of any offence punishable under the provisions of the Act so repealed shall be continued and completed as if the said Act had not been repealed but had continued in operation and any penalty imposed on such proceedings shall be recovered under the Act so repealed. Sd/ASHISH GUPTA Special Secretary to Government, Department of Law, Justice and Parliamentary Affairs.