Keyword(s):
Apprentice, Child, Commercial Establishment, Day, Employer, Establishment,
Factory, Goods, Holiday, Leave, Local Area, Manager, Member of the Family
of an Employer, Period of Work, Registration Certificate, Residential Hotel,
Restaurant and Eating House, Shop, Spread Over, Theatre, Wages, Week
CHAPTER I
PRELIMINAR Y
- (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. - 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, 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
Definitions.
Short title, Extent,
Operation and
Application.
12 of 1978. 738
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 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;
(I5) “local authority” means the Gangtok Municipal Corporation
constituted under the Gangtok Municipal Corporation Act, 1975,
and includes any other body which the State Government may,
by notification, declare to. be local authority for the purposes of
this Act;
DISCLAIMER: This document is being furnished to you for your information by Blinkvisa. The contents of this document have been obtained from sources Blinkvisa believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. Blinkvisa or any persons connected with it do not accept any liability arising from the use of this document. Blinkvisa or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.
