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


  1. (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. 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
    (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
    Short title, Extent,
    Operation and
    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
    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
    (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;

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