The Assam Shops and Establishments (Amendment) Act, 1979

-'!~ 120 No. 120 l~egistered No.-A·l.I. The Assam Gazett~ E>{TR.AC.1DlN ARY PUBLISHED BY AUTHORIT!." ==:..:::=::::::::===========-.---·=--------= R~~, -tf.r~~. 5 c~. 1979, 15 ~~t .,t, 1901 'ff Dispur, Saturday, 5th May, 1979, 15th Vaisakha 1901 (S. E.) - - -- ·-- ··-· ---·--- ---'-----'---- ========· -- - ·- ·---------- GOVERNMENT OF ASSAM ORDERS BY THE GOVER.NOB ' , ··': . t . LEGISLATIVE DEPARTMENT · ~ - NOTIFICATION , . _ The 4th May 1979 No. LGL. 2/78/34.-The following Act of the Assarn Legislative Assembly which received the assent of the Governor is hereby published for general information. 746 THE ASSAM. GAZE'l'TE, ~XTRAORDlNARY,MA Y 5, 1979 ---- -------- ASSAM ACT X OF 1979 (Received the assent of the Governor on 26th April; 1979), THE ASSAM SHOPS AND ESTABLISHMENTS (AMENDMENT) ACT, 1979. An Act to amend the Assam Shops and Establishments Act, 1971 (Assam Act XXI of 1974). • ... t ..;(_ .. ...~; '1.., , 1 Preamble. Whereas it is expedient to amend the Assam Shops and Establishments Act, 1971 (Assam Act XXI of 1974) · Assam Act ' XXI of hereinafter called the principal Act, in 1974. the manner hereinafter appearing; It is hereby enacted in the Thirtieth Year of the Republic of India as follows:- Sho~~~t l e 1. (1) This Act may be called commence· the Assam Shops and Eitablishments m ent. (Amendment) Act, 1979. (2) It shall come into force at once. Amen~men t 2. In the principal Act, the Section of Section 3. . • 3 shall be substituted by the following, namely:- "3. (1) Tlie provisions of Se~tions 10 and 11 shall not apply to- (a) shops or classes of shops dealing mainly in dairy product, bread, pastries, sweetmeat and flowers ; t b) pharmacies or shops dealing mainly in medicine~ . surgical appliances, bandages or other · medical requisites; .· rflE ASSAM GAZETTE, EXTRAORDINARY, MAY 5, n ·, 9 747 -------- --·-· --- ---~---- - ·- · - ·· ··------- ·. ·- (c) shops dealing ,mainly in articles required for funerals, burials or cremations as may be specified by the Inspectors within their respective jurisdictions; . J) shops dealing ih tobacco, cigars, cherosts, cigarettes, bidis, pan, iiquid refreshment sold irt retail for consumption on the premises, ice, news paper or periodicals; (e) barber's and hairdresser's shops. (2) Nothing contained in this Act &"_all apply to- \:---;~"·~~""~~ ;.,;~ . . , ~°"" - (a) persons employed in any esta- blishment in a position of management; (b) persons whose work mainly in­ volves travelling, and persons employed as canvassers and caretakers; (c) .establishments under the Cen_ tral or any State Government, local authorities, the Reserve . Bank of India or any other Bank, any Railway Administration and cantonment authorities; (d) any water transport service, or motor transport service, or any system of public conservancy or sanitation, any industry or busi­ ness or undertaking which supply power, light or water to the public and such other public uti­ lity companies or associations or classes thereof as · the State Governmen.t. may, by notification, exempt from the operation of this Act; · HS THE ASSAM GAZETTE, EXTRAORDINARY, MAY 5, 1979 ______________________ ,,, ___ _ (e) stalls and refreshment · railway station, docks, and airports ; rooms at wharves (f) establishment for the treatment or care of the sick, infirm, desti­ tute or mentally unfit; (g) shops or stalls in any public exhibition or show so far as such shops or stalls deal in retail trade which is solely subsidiary or anciliary to the main purpose of such exhibition or show ; (h) shops or stalls in any public fair or bazar held for charitable purposes; (i ' shops or classes of shops dealing mainly in vegetables, meat and fish; (j) establishments oilfields ; in mine and (k) any person employed in a con­ fidential capacity, messenger, watchman or exclusively in con­ nection with the collection, despatch, delivery and con­ veyance or customs formalities of goods or such other persons or classes of persons as the State Government may , by notification, exempt from the operation of all or any of the provisions of this Act; (1) such seasonal commercial estab- .lishments engaged in the purchase of raw jute or cotton ginning or cotton or jute pressing and the clerical department of such sea­ sonal factories and such other • J T'HE A~SAM GAZETTE. EXTRAORDINARY, MAY 5, li.tt 7*9 -- establishments as the State Government may, by notification, exempt from the operation of all or any of the provisions of this Act." Amcn~ment 3. In the principal Act, in ::)UO- f Section l l. section ( 4) of Section 11, after the exis- Lmg pi·oviso, the following proviso shall be inserted namely:- "Provided further_ that the Inspec­ tors may, by a written order, require the shops in a particular area within their respective jurisdiction, to be kept closed on a particular day as speci­ fied in the order." Amendment of Section 29 . 4. In the principal Act, in Section 29,- (a) the sub-sections shall be substituted following, namely :- (1) and (2) by the "(l) Whoever contravenes any of the provisions of this Act or of any rules made thereunder shall, on conviction, be punishable with imprisonments for a term which may extend to six months or with fine which may extend to one thousand rupees : Provided that for any second or subsequent offence, the employer shall be punishable with imprisonment only for a term which shall not be less than two months but may extend to six m.on ths; ,. 7SO lTIE Al!SAM GAZETTE. EXTRAORDlNAllY. MAY 5, 1~7~ ---------·-- (b) the sub-sections (:3; Hnd ( 4 ) shall be respectively renum­ bered as sub-sections (2 ) and (:3). Arn endme 11 1 5. In the principal Act, in S 1 'Ction ofSection .... 4 h b · (3) h 11 ' · · l 34. 0 , t e su -sect10n s a oe m letea and sub-section (4) shall be renuml)erect as sub-section (3). U. TAHBILDAR, Secy. to the Gcvt. of Assam, Legislative Deptt. - ' -- -----·----~·· ---·- ·----~--- ') <\ t"HATI-Printed and publiabed by t he Supdt. ilc. , Assam G wt. Printin>\ P.-esa, (t::c-Ga"rtc) No.239-llS0-250+ 75-5-5. 1979.