The Manipur Shops and Establishment (Amendment) Act, 1992

1·1:t'11-Act No ..... 3: i i:J ii I i '7 a, 2- Date of Assent · • , Date of Publication .!.r/.1.1J I '7 9 2- THE MANIPU'R SHOPS AND ESTABLISHMENT (AMENDMENT) .BH;-I::; 1992 Ad- A? BfI.L 4cl- to amend the Manipur Shops and Establishments Act. 1972 (Manipur Act No. 4 of 1973). BE it enacted by the Legislature of Manipur in the Forty-third Year of the Republic of India as follows: 1. Short title and commencement . -(1) This Act may be called the Manipur Shops and Establishments (Amendment) Act, 1992. (2) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint. 2. Amendment of section 2.?In Section 2 of the Manipur Shops and Esta.­ bfo.hments Act (hereinafter referred to as the Act),? (a) the existing sub-section (2), the following shall be substituted, namely,­ "(2) "Child' n.eans a person who bas not attained his fourteenth years of age ;"'; (b) after sub-section (17), the following new sub-section shall be inserted, namelv.t-- u(l7-A) 'Registering Officer' means a registering officer appointed under this Act ;", 3. Insertion of a new Chapter after section 5 .-After section 5 of the­ Act. the following new· Chapter stall be inserted, namely,- 2 CHAPTER I-A REGISTRATION OF SHOPS A "{D ESTABLISHMENTS SA. Registering Officer .-The State Government may, by notific3.ti)n in the official Gazette, appoint any officer to be a Registering Officer, who shall be responsible for registration of Shops and Establishments 1111der this Act. SB. Registering of Shops and Establishments.-'l) Evesy employer shall get his shop or establishment registered under this Act. The registration shall be valid for one calendar year and thereafter shall . be renewed for every calendar year. A list of any shop or establishment registered under this Act shall be entered in the Register of shops and establishments maintained in the prescribed form, (2) The application for r0gistration or fur renewal or registration shall be made to the Registering Officer or to such other officer as the Registering Officer may authorise in this behalf, in such forms and within 'such period as may be prescribed. (3) The fees payable for registration or for renewal of registration shall be . such as may be prescribed. (4) Any shop or establishment registered under this Act or when the registration of any shop or establishment is renewed, there shall be issued to the employer, a certificate of registration or renewal certificate of registratio?. as the case may be, containing such particulars as may be prescribed. (5) Every employer of a shop or an establishment registered under sub­ section (4) shall inform the Registering Officer in the prescribed form ofany change in respect of any particular contained in the application for registration under sub-section (2) within seven days after the cnange has taken. place. The Registering Officer shall, on receipt of such information and )O payment of such fee as may be prescribed, and satisfied about the c:::-:ectness of the information, make necessary changes in the Register of shops and establish­ ments and shall amend the certificate of registration or issue a fresl:- certifi- cate of registration, if necessary. (6) Every employer of a shop or an establishment registered 11nder sub­ section (4) shall, within fifteen days from the date of the winding up of his shop or e'>tablishment, inform the Registering Officer and the Registering Officer shall, on being satisfied about the correctness or the information. remove the name of the shop or the establishment from the Register of shops a.nd esta­ blishments and cancel the certificate of registration issued to him.". 3 4. Amendment of section 17.-After sub-section (4) of section 17 of the -Act, the following sub-sections shall be inserted, namelyj-s-' "(5) Wages due to every employee s'1all be paid to him direct or to other vperson authorised by him in this behalf, (6) All wages shall be paid in current coin or currency or in both. (7) The rates of wages payable to the employee by the employer shall not be less than the rates prescribed for the scheduled employment under the Minimum Wages Act, 1948(No. 21 of 1948), where ·applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed.", 5. Amendment of section 20.-ln sub-section (1) of section 20 of the Act, for the words "Act shall apply to", the words "Act or any of the provisions thereof or of the rules made thereunder shall apply to all or any class of employees in" shall be substituted. 6. Amendment of section 27 .-For clause (b) of sub-section (I) of section 27 of the Act, the following shall be substituted, namely,- " (b) He bas been paid, at the time of discharge, compensation which shall be equivalent to fifteen day's average wages in the shop or establisb­ ment to which the Payment of Gratuity Act, 1972 (No. 39 of 1972) applies and compensation which shall be equivalent to fifteen days' averages wages for every completed year of continuous service or any part thereof in excess of six months, in other shops or establishments.". 7. Insertim of a new section 29-A .-After section 29 of the Act, the following new section shall be inserted, namely,- "29-A. Settlement of disputes :-Notwithstanding anything contained in the Industrial Disputes Act, 1947 (No. 14 of 1947) shall apply to any dispute or difference between an employer and an employee or group of employees in connection with the employment c: non-employ­ ment or the terms of employment or conditions of labour of an employee.". 8. Amendment of section 37 .-Mter clause (h) of sub--section (2) of section 37 .»f the Act, the following clauses shall be inserted, namely,.- ''(i) the form of application for registration or, as the case may be, for renewal of registration of shop and establishment under section 5-B ; 4 (j) the forms of certificate of registration and 1 enewal of registration , I shop and establish ment, the f1.,rms of the notice of change in the pa? calars of registered shop and es.ablishment an i the notice of \\ iading up of business of registered shop and establishment ; (k) the fees to be levied for grant of certificate of registration and renewal of registration of shop and establishment ; (1) ?· fees to be levied for registration of change in. the particulars of" registered shop and establishment and supply of duplicate certificate of registratior:t''.