Bare Act
The Sikkim Shops and Commercial Establishments Act, 1983
General198382 sections
This Act involves rules for how shops and businesses must operate in Sikkim to protect employees. It applies to various commercial venues, including hotels, restaurants, cinemas, and clerical offices, but it excludes standard factories. The legislation sets limits on working hours, requires employers to provide holidays and leave, and mandates registration of establishments. By enforcing these standards, the Act aims to ensure fair treatment and safe working conditions for workers while organizing the commercial sector across the state.
- 1. Short title, Extent, 0P7ration and Application,
- 2. Definitions.
- 3. References to time of day.
- 4. Act not applicable to certain persons and establishments.
- 5. power of State Government to exempt.
- 6. Registration of Establishments.
- 7. Suspension and revocation of licence.
- 8. Appeals.
- 9. Opening hours of shops.
- 10. Closing hours of shops.
- 11. Hawking prohibited before opening and after closing hours of shops.
- 12. Opening and closing hours of commercial establishments.
- 13. Daily and weekly hours of work in commercial establishments.
- 14. Interval for rest.
- 15. Spread over in shop.
- 16. Spread over in commercial establishments.
- 17. Holidays, in a week in shops and commercial establishments.
- 18. Opening and closing hours of restaurants and eating houses.
- 19. Restriction of selling of goods.
- 20. Daily hours of work in residential hotels, restaurants and eating houses.
- 21. Interval for rest.
- 22. Spread over.
- 23. The employer to furnish identity card to employee.
- 24. Closing hours of theatres or other places of public amusement or entertainment.
- 25. Theatres or other places of public amusement or entertainment not to sell goods of the kinds sold in shops after the closing hours of shop.
- 26. Section 26
- 27. Interval for rest
- 28. Spread over
- 29. Holidays in a week
- 30. Identity card
- 31. No child to work in any establishment
- 32. Young persons and women to work between 6 a.m. and 7 p.m.
- 33. Daily hours of work for young person
- 34. Prohibition of employment of young person and women in dangerous work
- 35. Prohibition of employment during certain periods
- 36. Notice of presence of pregnancy
- 37. Maternity leave
- 38. Maternity benefit
- 39. Interval for nursing the child
- 40. Prohibition on dismissal during or on account of absence from work owing to confinement
- 41. Facilities to women employees in case of miscarriage etc.
- 42. Special casual leave for sterilisation operation
- 43. Application and amendment of the Payment of Wages Act, 1936
- 44. Cleanliness
- 45. Ventilation
- 46. Lighting
- 47. Precaution against fire
- 48. First-aid
- 49. Holidays and sick leave
- 50. Pay during annual holidays
- 51. Power to increase the number of holidays
- 52. Mode of recovery of unpaid wages
- 53. Responsibility for payment of wages
- 54. Fixation of wage period
- 55. Wages for overtime work
- 56. Gratuity
- 57. Time of payment of wages
- 58. Payment of advance in certain cases
- 59. Wages to be paid in current coin or currency notes
- 60. Deduction which may be made from wages
- 61. Fines
- 62. Deduction for absence from duty
- 63. Deduction for damage or loss
- 64. Deductions for services rendered
- 65. Deductions for recovery of advances
- 66. Deductions for payments to co-operative societies and insurance schemes
- 67. Notice of termination of service
- 68. Appointment of Chief Inspector and Inspectors
- 69. Power and duties of the Inspectors
- 70. Inspector to be public servant
- 71. Protection of action taken in good faith
- 72. Employer and Manager to produce registers, records and notices for inspection.
- 73. Penalties.
- 74. False entries by Employer and Manager.
- 75. Penalty for obstructing Inspector.
- 76. Determination of employer for purposes of this Act.
- 77. Cognizance of offences.
- 78. Limitation of prosecution.
- 78A. Composition of certain offences.
- 79. Maintenance of registers or records and display of the notices.
- 80. Power to make rules.
- 81. Repeal and Savings.
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