The Manipur Shops and Establishment Act, 1972

(2) It extends to the whole of the State of.Manipur. THE t'VIAN.l..PUR SHOPS AND ESTA.llLISHJVlENTS ACT, 1972. l Manipur Act 4 of 1973 ] AN ACT to provide for better regulation of conditions of service in shops and establishments and for purposes pertaining thereto. BE it enacted by the Legislature of Manipur in the Twentyfourth Year of the Republic; of India as follows :- CHAPTER I PRELIMINARY 1. (1) This Act may be called the Manipur Shops and Establishments Short title, Act, 1972. extentand commence- ment. / '· , (3) It shall come into force on such date as the State Government '1 may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act or for different areas or for different classes of shops or establishments. · 2. In this Act, unless there is anything repugnant in the subject or context, · · (1) "apprentice" means a person who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft, business or .employment in a shop or an esta­ blishment; I (2) "child" means a person who has not completed his twelfth year -of age ; (3) "closed" means not open for the service of any customer or for any businesa connected with a shop or an establishment involving work by an employee; Definitions, (4) "commercial establishment" means an establishment which carries on the business, trade or profession of advertising, com­ mission agency, ·forwarding or commercial agency or which is a clerical department of a factory or of any industrial or com­ mercial' undertaking, includes- (a) an establishment undertaking the business, trade or pro­ fession, of public transport ; (5) (6) (b) an insurance company, joint stock company, broker's office or exchange ; and (c) such other establishment or class thereof as the State Goveca- , ment -may, by notification in the Official Gazette, doclari to be a commercial establishment for thoJpurpoi:? of !?i? Act; . . but does not include a shop or an establishment for pubha entertainment or amusement ; "day" means a period of twenty-four hours beginning at midnight; "employee" means a person wholly or principally employed in, and in connection with, a shop or an establishment and i•- eludes an apprentice but does not include a member of the em­ ployer's family ; (7). · "employer'" means a person having charge of, or owning 01· having ultimate control over the affairs of a shop or an establishment and includes the manager, agent or other person acting in the general management or control of a shop or an establishment; (8) "employer's family" means the husband or wife, children, father or mother, of the employer and includes the brother or sister, brother's son, sister's son; daughter's son, son's sou, of such employer living with, and dependent on him ; (9) "establishment" means a commercial establishment or an esta­ blishment for public entertainment or amusement ; (10) "establishment for public entertainment or amusement" means a restaurant, eatinghouse, cafe, residential hotel, cinema. theatro. and such other establishment or class thereof as the State Govera­ ment may, by notification in the Official Gazette, declare to be, for the purposes of this Act, an establishment for public enter­ tainment or amusement, but does not include a shop or a com­ mercial establishment ; (11) "factory" means a factory as 'defined in the Factories Aet, 194l (63 of 1948) ; - (12) "holiday" means a. day on which a shop or an establithmfl';t shall remain closed or on which an employee shall be Jivtll • holiday under the p?ovisionsof this Act ; . . (13) "Inspector'? means an Inspector appointed under this AQf ; (14) . "Official Gazette" means the Manipur Gazette ; (15) (16) P) "opened" means opened for the service of anyfcustom.er or for any business connected with a shop or an establishment ; "period of work" means the time during which an 1-mph?JH is at the. disposal of the employer ; · "prescribed" means prescribed by rules mad, und?r jhis A?l ; 08) - (19) (20) (21) "shop;' means any premises used wholly or in part for whole­ sale or retail sale of commodities or articles, either for cash or on credit, and such other premises as the State Government may, by notification in the Official Gazette, declare to be a shop for the purposes of this Act, but does not include a commercial establishment for public entertainment or amusement ; "spread-over" means the period between the commencement and the termination of work in an establishment on any day ; "State Government" means the State Government of Manipur ; "Wage period", in relation to the payment of wages of an em­ ployee,· means a wage period fixed by an employer under section 16 in respect of such employee ; (22) "Wages" means wages asdefined in the Payment of Wages A1.:t, 1936 (IV of 1936) and includes any allowance to which an em­ ployee is for the time being entitled ; (23) "Week" means a period of seven days beginning at midnight of Saturday night ; (24) "Year" means a period of twelve months of the Gregorian Calen­ dar commencing on the first day of January . . J. (I): Notwithstanding anything contained in , this Act, the Stats Govemment may, by notification in the Official Gazette, declare any shop or any establishment or any class thereof to be a shop or an establishment, ( as the case may be, for the purposes of this Act. (2) On such declaration under sub-section (l) the shop or the esta­ blishment specified in the notification shall be deemed to be a shop or an e&tablishment, as the case may be, to which this Act applies, and the provisions of this Act shall apply to such a shop or such an establishment. 4. (1) Nothing in this Act shall apply to- (a) offices of the Union or the State Government or of local authorities and of the Reserve Bank of India, the State Bank of India and other nationalised banks and corporations ; (b) any transport service, motor service, any industry, business or undertaking which supplies power, light or water to the public and such other public utility corporate bodies and associations or classes thereof as the State Government may, by notification in the Official Gazette, exempt from . the operation of this Act ; (c) establishments run by the Union or the State Government : (d) establishments for the treatment or care of the sick, the infirm or the mentally deranged; and for the benefit of the destitute ; (e) pharmacies or shops dealing mainly in medicines, surgical or medical applicances, so far as the sale of these articles is concerned ; · (f) surgical or clinical homes ; Declaration by the State Governtllent. Act not ·applicable to certain s.hops establish­ ments and perSOlll. 4 (g) shops dealing in articles required for funerals, burials or cremations so far as the sale of these articles is concerned ; (h) (i) (j) (k) (1) shops or stalls dealing mainly in vegetables, meat, fish, dairy produce, bread, pastries, sweetmeats, flowers so far as the retail sale of these article; is concerned ; stalls or refreshment roo .ns run by, or with the permission of, the Union or the State Government, and situate within the premises or precincts of institutions belonging to, or run by such Government ; shop, stalls or refreshment rooms in any public exhibition M show, or so far as such shops, stalls or refreshment rooms deal in retail trade which is solely subsidiary or ancillary to the main purposes of such exhibition or show ; shops or stalls in any public fair ; shops or establishments dealing in petroleum products ; Suspension of provisions of the Act. Exemption of child. Woman and young-man to work only between 7 a. m. and 7. p.m. (m) excise shops ; (n) persons whose work is inherently intermittent, such as a traveller, a canvasser, a watchman, a messenger or a care­ taker ; (o) persons exclusively employed in connection with the collection, despatch, delivery or conveyance of goods or the customs formalities thereof ; and ' • (p) such other shops, establishments or persons or such classes of any of them as ! he State .Government may, by notification in the Official Gazette exempt from the operation of all or any, of the provisions of this Act. . · (2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette declare that any shop, estabiishment or person specified in that sub-section shall not be exempt from the operation of such provisions of this Act as may be specified in the notification and that this provisions of this Act specified in such notification shall apply to such shop, establishment or- person. 5. Prior to or during a festival or other special occassions the State Government may suspend, by order notified in the Official Gazette the operation of all or ??)1of t?e provisioi;isof this Act for such period°and · subject to such conditions as it may deem fit. . CHAPTER II EMPLOYMENT OF WOMAN AND YOUNG-MAN 6. No child shall be employed in any shop or establishment. 7. Notwithstanding anything contained in this Act, no man who has­ not attained majority unde? the Indian Majority Act, 1875 (IX of 1875) and no woman shall · be required or allowed to work whether as an employee or otherwise in a shop or an establishment before 7 ante meridiem and after 1 post meridiem. - (b) 8. Notwithstanding anything contained in this Act,-. (a) no man who has not attained majority under the Indian Majo­ rity Act, 1875 (IX of 1875) and no_ woman shall be requ?red or allowed to work as an employee in a shop or an establish­ ment for more than seven hours in a day or forty-two hours in in a week ; and no such man and no woman shall be required or allowed to work in a shop or an establishment for more than four hours con­ tinuously in a day unless such an employee has had an interval for rest of at least one hour. Explanation.-The period of "seven hours" or "forty-two hours" referred to in clause (a) does not include the intervals for rest. CHAPTER III SHOPS Daily and weekly hours of work for woman and young-man. Opening · and closing hours of shops. 9. (l) No shop shall on any day be _opened before the hour of seven o'clock ante meridiem during the months of September, October, November, Decem­ ber, January and February, and before the hour of six O'clock ante meri­ diem during the months of March, April, May, June, July and August: (2) . No shop shall on any day remain open after the hour of seven O'clock post meridiem during the months of September, October, November, De­ cember, January and February, and after the hour of eight O'clock post meridiem during the months of March, April, May, June, July and August. IO. (1) Every shop shall be closed on one day in each week. (?) The State Government may, by notification in. the Official Gazette, ?;°sst??s.dJy require in respect of every shop, or of any specific class of shops that it shall be closed at such hour as may be specified in the afternoon of one specified day in each week,in addition to the day referred toin sub-section/I), ' \ .· (3) The day on which a shop shall be closed in each week under sub­ section (1) shall be specified and displayed by the employer in a conspicuous place in.the shop: Provided that no employer shall; more often than once in a· period bf three m:onths, after the day so specified. · • . . '(4) No deduction shall be made from the wages of any employee in a shop on account of any day on which it has remained closed under this section. 11. (1) No employee in a shop shall be required or allowed to work .- in such shop for more than nine hours in a day and for more than forty eight hours in a week or after the hours prescribed under sub-section (2) of section 9. · (2) An employee in a shop shall be allowed an interval for rest of at least half an hour after every three hours of continuous work. Hours of work and intervals.for rest in shops. (3) The periods of work and intervals for rest of each employee in a shop shall be so arranged by the employer that together they do not extend over more than twelve· hours in a day. Explanation .---The period of "nine hours" or "fifty hours" referresi to in sub-section (I) does not include the intervais. for rest. · CHAPTER IV ESTABLISHMENTS Maximwrt point of time , for .!Pf9&<t- _ over inan establish· ment for publiccmt9· taimncnt or ammemG. 15. Notwithstanding anything contained in section 14, the spread-over of an establishment for public entertainment or amusement shall not extend, beyond 12 mi.dnigbt. - 12. (1) Every employee in a commercial establishment or an establish­ ment for public entertainment or amusement sball be allowed as holiday at least one day in a week. · (2) No deduction shall be made from the wages of any employee in such an establishment on. account of any holiday under this section. . I3. (I) No employee in a commercial establishment shall be required or permitted to work in such establishment for more than seven hours in a day. (2) An employee in a commercial establishment shall be allowed an interval for rest of at least half an hour after the first three or four hours, as may be specified?y ?heemployer, of continuous work: Provided that the interval for rest in the case of each employee shall not exceed one hour. Explanation.-The period of "seven hours" referred to in sub-section (1) does not include the. interval for rest. 14. (\) No . employee in an establishment for public entertainment or amusement shall be required or allowed to work in such establishment for more than ten hours in a day. (2) An employee in an establishment for public entertainment or amuse­ ment shall be allowed an·interval for rest of at least half an hour after every three or four hours, as may be specified by the employer, of conlinuous work. ·. (3) The periods of work and intervals for rest of each employee in art establishment for public entertainment or amusement shall be so arranged by the employer that together they do not extend over more than twelve hours in a day. Expla1tation.-Theperiod of "ten hours" mentioned in seb-section (1) does not include the intervals for rest. · Hours of workand­ interltls for ,estinesta­ bliments for public tntertain· mentor amusement. HoorJ of ?1' andin­ tertals for restin com­ mercial esta­ bfilbment, Holidays iii utablish· --"· 16. Every employer shall n., u ·pi.'ri,;d 1;1 respect or' which wnges shallpayabie to the empioyee ; Provided that the en,,.,luver inav Bx diifcrenr wage periods f01: different?mployees OJ' different classes of en1p!oyee: Provided further that no wage pc;riod shall exceed one month, ·17. (1) All wages payable to an employee in a shop or an establishment Paymellt of shall be paid by hrs employer before the expiry of the seventh day after the wqea. last day of the wage period in respect of which the wages are payable : . Provided that in case an employee is absent until such expiry the wages shall be paid within a period of three working days from the day on which he attends for work again. · (2) Where an employee in a shop or an establishment is required to work in excess of the limits of hours of work specified in section 1 J or section 13 or section 14, as the case may be,he shall be entitled in respect of the over. time work, to propo.rtionatt!" wages at the rate of twice the ordinary rate ofwages received by him 'for the time being. C3) Where the service of an employee is terminated by or on behalf of his employer, or where it is terminated on account of the closure of theshop or the establishment for any reason other than a weekly or other reco­ gnised holiday, the wages earned by him shall be paid before the expiry of the second working day from the day on which his service is terminated,(4) All payments of wages shall be madt on a working day at or near the place of work and during working hours. F;xplcmation.-The provisions contained in sub?section (1) shall not be construed as a bar to the payment of wages, on accouµt of a festival or otherwise, before the expiry of the wage period in respect or which thewases are payable. · 18. No deductions other than those which may be prescribed shallbe maoe by the employer from the wages of bis employee. 19. An employee in a shop or an establisb.men.tshall be entitled- J.c4v.,(a) after every twelve months' continuous service, to privilege leaveon full wages for a total period of one month ; (b) in every year, to casual leave on full wages for .a total periodnot exceeding twelve days ; and (c) after every twelve months' continuous service, to sick leave onhalf wages for a period not exceeding one month on the certi­fication of registered medical practioner whose name is in theIndian Medical Council Act, 1956 (CII of 1956); ),•,wid?j .th it n o leave admissible under this section shall be accnnnilated. Limited application of the pay· ment or Wages Act, 1936. Appoint­ ment of inspectors. Inspectors. to the public servant. Powers and jurisdiction of an Ins; pector, Explanationr--Ycs the purposes of this section, an employee shall be deemed to have completed a period of twelve months' continuous service in a shop or an establishment notwithstanding interruptions in the service during those twelve months caused by sickness, accident or authorised leave not exceeding ninety days in the aggregate for all three, or by a lock-out or by intermittent period of involuntary unemployment not exceeding thirty days in the aggregate, and authorised leave shall be deemed not to include any weekly holiday aliowed under this Act which occurs at the beginning or end of an interruption caused by such leave .. 20. (1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (IV of 1936), herein referred to as "the said Act", the Government may, by notification in the Official Gazette, direct that subject to the pro­ visions of sub-section (2), the said Act shall apply to such shops or establish­ ments as may be mentioned in that notification. (2) On the application of the provisions of the said Act to any shop or establishment under sub-section (1), the Inspector appointed under this Act, shall be deemed to be the Inspector for the purpose of enforcement - of the provisions of the said Act within the local limits of his jurisdiction. CHAPTER VI INSPECTION AND PENALTIES 21. (1) The State Government may, by _notification in the Official Gazette, flppoint such persons or such classes of persons .as it may. think fit to be Inspectors for the purposes of this Act within such local limits as it may assign to them respectively. (2) The State Governme?t- may, by notification- as aforesaid, appoint any person to be the Chief Inspecting Officer who shall, in addition to such powers as may be prescribed, exercise the powers of an Inspector throughout the State. - 22. Every Inspector appointed under section 21 of this Act shallbe deemed to be a public servant within the meaning of section 21 ofthe · Indian Penal Code (Act XL V of 1860). - 23. (1) Subject to any rules made under this Act by the State Govera­ ment, an Inspector may within the limits ofhisjurisdiction- (a) enter, during such· hours as may be prescribed ?nd with..?uch assistance, if arty, as may be necessary, any premises which is;; or which he has reason to believe as, a shop or an establishn:tent ; . ' . '' . (b) inspect·any registers, other .documents and notices maintained under this Act or the rules made thereunder ; 1 (c) record on the spot or otherwise the statement of any person which he may -consider necessary for carrying out the purposes of this Act :- · · Provided that no person shall be compelled to answer any question or give any evidence tending to incriminate- himself ; and '- . (d) exercise such other powers as may be prescribed for carrying out the purposes of this Ac!, 9 (2) The Inspector shall for the purposes of any inquiry under thisAct have the same powers regarding the summoning and attendance ofwitnesses and 'production or documents as a Civil Court has under theCode of Civil Procedure, 190:-; (Y of 1908). 24. Any person who voluntarily obstructs an Inspector in the exerciseof any power conferred on him by or under this Act or any person law­fully assisting an Inspector in the exercise of such power or who failswithout sufficient cause to comply with any lawful direction made by anInspector shall be punishable with imprisonment which may extend to sixmonths or with fine which may extend to two hundred and·fifty rupees orwith both. 25. Any person who contravenes any provision of this Act or any rule er order made thereunder shall, if no other penalty is provided for theaffence, be punishable with a fine which may extend to two hundred andfifty rupees for the first offence and to five hundred rupees for everysubsequent offence after the first conviction: Provided that in case such a person is a company or a registered part-11.ershipfirm, every director, partner, manager or secretary thereof or everyofficer thereof who functions as such by whatever designation shall, unless' lle proves that the contravention took place without his knowledge or that 1le exercised due diligence to prevent such contravention, be deemed to have eommitted such contravention. krL. 26. (1) No Court inferior to a Magistrate of the First Class shall trybt:·a11.offence punishable under this Act or rules or orders made thereunder. (2) No Court shall take cognizance of such offence except on a complaintmade by an Inspector or by an aggrieved employee in a shop or an establish­ ment or by a relative of such an employee, including his legal representativein the case of a minor : Provided that a complaint under this sub-section shall be made withint ninety days from the date on which the offence is alleged to have been! eommitted. ? f Explanation.,--For the purposes of this section, "relative" means any ..! lineal discendant or ascendant; brother or sister, or father-in-law, or mother-{ in-law of the employee. , CHAPTER VII REMOVAL AND RE-EMPLOYMENT Penalty for obstructing Inspector. General Penalties. Cognizance of offences. ·27. (1) No employee in a shop or an establishment, who has been ,,·ncontinuous service for not less than six months in that shop or esta­ ':;;??ent,sh.allbe discharged from his service except for a reasonable cause 'i (a) he has been given one months' notice in writing indicating the reasons for discharge and the period of notice has expired, or he has been paid in lieu of notice, one month's wages in advance; and (b) he has been paid, at the time of discharge, compensation which shall be equivalent to fifteen days' wages : Discharge ol employees. Re-emplpy.- · · meat;of.di:;,0., charaed eIJ1ployee. Termination of service by or on behalf of emplo­ yces. 10 Provided that no notice under clause (a) shall be ne.::s..?· cf the discharge is under an agreement which specified a date for :?:: :2?at:0r: of service ; and Provided further that such notice shall not be necessary if the jjsci,.a:ge? is on a charge of such misconduct as may be prescribed or on his .:onncrion on a criminal charge involving moral turpitude. (2) A discharge done against the provisions of sub-section (I) sh.ai.? be an offence under· this Act, and the Court shall, without prejudice to aB? other provisions of this Act, have power to give relief to the aggrievedperson by way of reinstatement or money compensation or both. Explanation.-Forthe purposes of this section, an employee shall be deemed to be in continuous service in a shop or an establishment notwith­ standing- any interruption in the service caused by sickness, accident, llutho­ rised leave or lock-out, or by intermittent periods of involuntary urtemple-y­ ment, and authorised leave shall be deemed not to include any w.eekly helid,?Y allowed-under this Act which occurs at the beginning or end of--an irttetrup- tion caused by such leave. 28. (1) No employee in a shop or an establishment shall .terminate his service unless he has given to the employer a notice in writing of at l?ast one month. ' .·•, - ' (2) Where an employee in a shop or an establishment c;Qn?r.?v?ae$ the provision of sub-section (1), the empioyer may foi:feit any :unpaid w?git?:r?:=:1:::?:s.fi::;::y:?esta))lish,ocnt has .. \><onJ charged under section 27, and the. employer proposes subseq??ntly to. take i.a,to:the shop or the establishment, as the case may be, any person' as aa employee thereof, he shall, in such manner as: may be prescribed; give an 0p:r,ortunityto: the', discharged e:inployee to offer himself for r:e-erilployrp.elit, and such discharged employee, as offers himself for' ·re-employmenf, shall have preferenceover other persons : · Pro.vided that in case the discharged employee is not a citizen/of-India or has left Manipur without giving his address to the employer, the"e'mplic,'ycr shall not give him such OJ?Por:tunity. CHAPTER VIII MISCEL?ANEOUS Annual statement of the emplo­ yer .. - . 30. ( l) The employer of a shop or an establishment shall, in such manner .. , as may be pre?cr_ibed,submit to the Chief }nsp_ectin?OfpfCr,;tfl, AAUual\-1 statement shO"".'lil?the number of employees in _h1sshop Or ei;:t?9\t?h,?e?h the · rates ot wages and other benefits given to the. 'em,pl.9.Y,l';C?, before the end of the month of January following the year to wliich, thf statement relates. . -?? (2) ln case an employer fails, without reasonable cause to the satisfactioG of the Chi?f Inspecting, Officer to submit the statement as)r6vided in ,ubwi seetion {1) and the rules made thereunder, he sha11 be liable t'o pay a nn•i not exceeding ifty rupees. · ·· ? ·1 i 1 (3) Non-payment of such a rin,:; ,11a1! be. an offence punishable uader this Act 31. (I) The employer or a shop or an establishment shall maintain such registers and other documents. and display such notices, a smay be prescribed. (2) Such employer shall on demand produce for inspection of an Inspector, all registers, documents and notices required to be kept under or for the purposes or this Act. 32. An offence under this Act may be compounded by the com- . plaina,nt or by his legal representative in the case of a minor, and thecomposition shall have the effect of acquittal of the accused with­ whom the offence has been compounded : Provided that if the complainant is an Inspector, se shall Bot com­ po?nd the offence without .,_e concurrence of the employee, if any, for whose benefit the -cornplaint was made. 33. All offences under this Act shall be bailable. 3"4. No suit or any other legal proceeding shall lie against any person in respect of anything done in good faith under ihis Act or rules or orders made thereunder. 35. Notwithstanding anything contained in this Act, every em­ ployee in a shop or an establishment shall be . entitle to .leave of absence for three national holidays and for any days he. may. select, . . not more than three in number in a year, for the purpose of attending ) eeremcnies or performing functions or duties connected with or en­ ?oincd by his religious faith. Mainteaaace of registers, etc. Composition of offences . Bail. lndemaity. GClleral holiday. 36. The employer shall, in accordance with rules made by the Provident Sta,te Government, provide a provident· fund for the benefit of every F\iad er employee in his shop- or establishment and shall contribute to this fund· • · hiployecs, aa amount of 6 1/4 percent of the total wages of every such emyloyee: ?ovided that this section shall apply only to such places or such ela,sacs of· shops or establishment as may by notification in the Official Gazette, be specified in that behalf by the State Government ; and Provided further that such employers as fail .to provide provident fU;1ui.ill.. $pite of such a notification shall be . punishable with impri-. seament which may .extend to six months or with a fine not exceeding Ive h?dr?tj r:u..?es, or with both. :::B ll1 ·.41) The.State ·Government may, by notification in. the Official ?? a,id.s.ubjcct to the condition of previous .publication thcr?in, ma.kc niles to carry out the purposes of this Act. & · (2) In particular and without prejudice to the generality of tae lfi>regoingpower, such rules may provide for- (a) the special circumstances wherein deductions from the· wages of employees may be made by the employCl' ; (b) the _powers of the Chief Inspecting Officer un,cr swlr !?!ton (2) of section 21 ; (c) the powers of the Inspectors, and the hours during wbioh thoInspector can enter certain premises, under section 23 ; (d) the manner of giving opportunity to a discharged employee foroffering himself for re-employment under section 29 ; . (e) the manner of submission of annual statement under section 30 ; (f) the registers and other documents to be maintained by the em­ployer of a shop or an establishment, and the notices to be dis­played, under section 31, and the mode of display of such noti-c!I; (g) measures of sanitation, proper upkeep and ventili\tion of shopsand establishments, and ./ (h) the provident fund of employees in a shop or an establisbmeasunder section 36. (3) Every rule made under this section shall be laid, as soon as maybe after it is. made, before the Legislative Assembly of Manipur while it iiisession for a total period of fourteen days which may be comprised in oaesession or in two successive sessions and if, before the expiry of the session.n which it is so laid or in the session immediately following, the Assembly·resolves that any modification be made in the rule or that the rule should . not be made,. the rule shall thereafter have effect only in such modified fori»· 01 be of no effect, as the case may be, so however, that any such. modifi.c?ti-o11or annulment shall be without prejudice to tho validity of anything previolll'sJydone under that rule. 38. The?ovisions of the _Workmen's Compensation Act, 192] (Yl!Iof 1923) and of rules made thereunder shall, mutatis mutendis, a.ppiy to every . employee-in a shop or an establishment. 39. On and from the date on which this Act comes into operatioa i:aany area or in respect of any class of shops or establishments, the WeeklyHolidays Act, 1942 (XVIII of 1942) shall cease to apply to such area or Slicadass. 40: · Nothing in this Act shall be deemed to apply to any persoa cnapley?<tin a factory which is governed by the Factories Act,_1948 (LVIII of 1948). . .(2) Anything done or any action taken (including any not:itlcati-,order, rule, form made or issued) under the repealed Act shall in so far aait is not inconsistent with the provisiens of this Act, continue in f crce 'imlOiland until it is?superseded by anything do:ne or any a?ion taken m acesr-dance;..wi1h?!A? · · Persom ·emp1o,ectm factonesta benotgo.. vemed b7 this A? 1lepeal and 41. (I) The Assam Shops and Establishments Act, 1948 (Assut A.ct•vmss. ., XIII of 1948) as extended to Manipur is hereby repealed?