[9
OF 2023] [02nd
November 2023] AN ACT to amend and
consolidate the laws relating to regulation of employment and other conditions
of service of workers employed in shops and establishments and for matters
connected therewith or incidental thereto. BE it enacted by the
Legislature of Manipur in the Seventy- second Year of the Republic of India as
follows: CHAPTER 1 PRELIMINARY (1)
This Act may be called the Manipur Shops and
Establishments (Regulation of Employment and Conditions of Service) Act, 2021. (2)
It shall apply to the shops and
establishments employing ten ment, or more workers. (3)
It shall be deemed to have come into force
with effect from the 29â„¢ day of June, 2021. In this Act, unless the
context otherwise requires :- (a)
"Chief Facilitator" means the Chief
Facilitator appointed as such under sub-section(1) of section 17; (b)
"day" means a period of twenty-four
hours beginning at mid night; (c)
"employer" means an owner or a
person who has ultimate control over the affairs of a shop or an establishment,
and includes- (i)
in the case of a firm or association of
individuals, a partner or member of the firm or association; (ii)
in the case of a company, a director of the
company; (iii)
in the case of a shop or an establishment
owned or controlled by the Central Government or a State Government or local
authority, the person or persons appointed to manage the affairs of such shop
or establishment by the Central Government or the State Government or local
authority, as the case may be; (d)
"establishment" means any premises,
not being the premises of a factory or a shop, (i)
wherein any trade, business, manufacture, or
any work in connection with, or incidental or ancillary thereto, or any
journalistic or printing work, or business of banking, insurance, stocks and
shares, brokerage or produce exchange, is carried on; or (ii)
which is used as theatre, cinema or for any
other public amusement or entertainment, to whom the provisions of the
Factories Act, 1948 (63 of 1948), the Working Journalists and Other Newspaper
Employees(Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of
1955), the Motor Transport Workers Act, 1961 (27 of 1961), the Contract
Labour" (Regulation and Abolition) Act, 1970 (37 of 1970), the Sales
Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976), the
Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979 (30 of 1979), and the Building and Other Construction
Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of
1996) does not apply; (e)
"notification" means a notification
published in the Official Gazette; (f)
"prescribed" means prescribed by
rules made under (6:3) this Act; (g)
"shop" means any premises where
goods are sold, either by retail or wholesale or where services are rendered to
customers, and includes an office, a store-room, go-down, warehouse or workhouse
or work place for distribution or packaging or repackaging of finished goods is
carried on; but does not include a shop attached to a factory where persons
employed in such shop are allowed the benefits provided under the Factories
Act, 1948 (63 of 1948); (h)
"State Government" means the State
Government of Manipur; (i)
"wages" means all remuneration
(whether by way of salary, allowances or otherwise) expressed in terms of money
or capable of being so expressed which would, if the terms of employment, express
or implied, were fulfilled, be payable to a person employed in respect of his
employment or of work done in such employment, and includes - (i)
any remuneration payable under any award or
settlement between the parties or under any order of a court or tribunal; (ii)
any remuneration to which the person employed
is entitled in respect of overtime work or holidays or any leave period; (iii)
any additional remuneration payable under the
terms of employment whether called a bonus or by any other name; (iv)
any sum which by reason of the termination of
employment of the person employed is payable under any law, contract or
instrument which provides for the payment of such sum, whether with or without
deductions; (v)
any sum to which the person employed is
entitled under any scheme framed under any law, for the time being in force;
and (vi)
house rent allowance, but does not include- (a)
any bonus, which does not form part of the
remuneration payable under the terms of . employment or which is not payable
under any award or settlement between the parties or under any order of a
court; (b)
the value of any accommodation, or of the
supply of light, water, medical attendance or other amenity or of any service
excluded from the computation of wages by a general or special order of the
State Government; (c)
any contribution paid by the employer to- any
pension or provident fund, and the interest which may have accrued thereon; (d)
any travelling allowance or the value of any
travelling concession; (e)
any sum paid to the employed person to defray
special expenses entailed to him by the nature of his employment; or (f)
any gratuity payable on the termination of
employment in cases other than those specified in sub-clause(iv); (g)
"Wages-Period" in relation to the
payment of wages of a worker, means a wages - period fixed by an employer under
this Act in respect of such worker; (h)
"week" means a period of seven days
beginning at midnight on Saturday night or such other night as may be approved
in writing for a particular area by the Chief Facilitator; (i)
"worker" means any person [except
an apprentices under the Apprentices Act, 1961 (52 of 1961)] employed to do any
manual, unskilled, skilled, technical, operational or clerical work for hire or
reward, whether the terms of employment be express or implied; and (j)
"year means a period of twelve months of
the Gregorian Calendar commencing from the first day of January. (1)
The provisions of this Act shall not apply to
- (a)
a worker occupying position of confidential,
managerial or supervisory character in a shop or in an establishment; (b)
a worker whose work is inherently
intermittent; (c)
any shop or establishment run by the Union or
State Government or the local authority; (d)
any office of the Reserve Bank of India; (e)
an establishment used for the treatment or
care of the sick, infirm, destitute or mentally unfit; (f)
a member of the family of any employer, (g)
such other shops, establishments, or worker
of such classes of any of them as the State Government may by notification in
the Official Gazette exempt from the application of all or any of the
provisions of this Act. (2)
A list of the workers referred to in clause
(a) of sub-section (1) shall be displayed on the website of the shop or
establishment and in absence of the website at a conspicuous place in the shop
or establishment and a copy thereof shall be sent to the Facilitator. Nothing contained in this
Act shall adversely affect any right or privilege to which any worker is
entitled, under any law, award, agreement contract, custom or usage for the
time being in force. CHAPTER 2 REGISTRATION AND ISSUE OF LABOUR
INDENTIFICATION NUMBER (1)
On the commencement of this Act, every
employer of a shop or an establishment employing ten or more workers, shall get
his shop or establishment registered under this Act within a period of six
months from the date of such commencement or the date on which such shop or
establishment comes into existence and obtain a Labour Identification Number.
The registration shall be valid for one calendar year. Every employer of the
registered shop or establishment shall get the registration of his shop or
establishment renewed for every calendar year. A certificate of registration or
renewal of registration, as the case may be, containing such particulars in
such form as may be prescribed shall be issued to the employer who applies for
registration or renewal of registration. (2)
Every employer of shop or establishment,
employing ten or more workers, shall make an application for registration of
his shop or establishment or renewal of registration of his shop or establishment
to such authority and in such form and manner as may be prescribed. (3)
The fees payable for registration or for
renewal of registration shall be such as may be prescribed. (4)
The authority referred to in sub-section (2)
shall, on receipt of an application under sub-section (2) register the shop or
establishment and issue a Labour Identification Number in such form as may be
prescribed. (5)
Notwithstanding anything in this section, the
shops and establishments registered under the provisions of the Employees State
Insurance Act, 1948 (34 of 1948) or the Employees Provident Funds Miscellaneous
Provisions Act, 1952 (19 of 1952) or any rules, regulations or scheme made
thereunder shall be deemed to be registered for the purposes of this Act: Provided that such shops and
establishments shall, within a period of six months from the commencement of
this Act, obtain a Labour Identification Number in such manner as may be
prescribed. CHAPTER 3 DUTIES OF EMPLOYER (1)
No woman worker shall be discriminated
against in matters of recruitment, training, transfers or promotions or wages. (2)
No woman shall be required or allowed to work
in a shop or establishment except between the hours of 6 am. and 9 p.m. : Provided that where the
State Government or any person, authorized by it in this behalf, is satisfied
that the provision of shelter, rest room, night crache, ladies toilet, adequate
protection of their dignity, honour and safety, protection from sexual harassment,
and their transportation from the shop or establishment to the door step of
their residence exist in such shop or establishment, it may, by notification,
after obtaining the consent of the woman worker, allow her to work between 9
p.m. and 6 a.m. subject to such conditions as may be specified in the
notification. (3)
Subject to the provisions of the other laws
as applicable to a shop or an establishment, every employer shall fix a wages period
in respect of which wages shall be payable to the worker : Provided that the employer
may fix different wages- period for different worker of different classes of
workers and that no wages-period shall exceed one month. (4)
Subject to the provisions of the other laws
applicable to a shop or an establishment every employer shall pay wages payable
to the workers employed in a shop or an establishment before the expiry of the
seventh day after the last day of the wages-period in respect of which the
wages are payable to the workers at the rates not less than the rates prescribed
for the Scheduled Employment in the Minimum Wages Act, 1948 (11 of 1948) where
applicable to shop or an establishment and where the rate have been fixed by
agreement, settlement or award, not less than the rates so fixed: Provided that in case a worker
is absent until such expiry, the wages shall be paid with a period of three
working days from the days on which he attend for work again. (5)
Where the service of a worker is terminated
by or on behalf of the employer, where, it is terminated on account of the
closure of a shop or an establishment for any reason other than a weekly or
other recognized holiday every employer shall pay wages payable to a worker
before the expiry of the second working day from the day on which service of
the worker is terminated. (6)
Every employer shall pay wages of worker
direct to the worker or to other person authorized by him in this behalf in
current coin or currency or in both on a working day near the place of working
during working hours. (1)
Every employer shall take such measures
relating to the health and safety (including cleanliness, lighting, ventilation
and prevention of fire) of the workers as may be prescribed. (2)
Every employer shall be responsible for
providing constant and adequate supervision of the workers employed in the shop
or establishment and to ensure the compliance with the rules relating to health
and safety made under sub-section (1) and for taking steps necessary to prevent
accidents. (1)
No adult worker shall be required or allowed
to work in a shop or establishment for more than forty-eight hours in any week
and nine hours a day and no worker shall be asked to work continuously for more
than five hours unless he has been given a break of not less than half an hour: Provided that the working
hours or of weekly rest may be relaxed in case of work of urgent nature with
the previous permission of the Facilitator. (2)
The total number of hours of work in a shift
including the rest interval shall not exceed ten and half hours in any shop or
establishment and in case a worker is entrusted with intermittent nature of
work or urgent work, the spread over shall not exceed twelve hours. (3)
Any working hour beyond nine hours a day or
forty-eight hours a week shall be treated as overtime and the total number of
overtime hours shall not exceed one hundred and twenty five hours in a period
of three months. (4)
The State Government shall make rules to,- (a)
subject to sub-section (1), fix the number of
hours of work which shall constitute a normal working day for the workers
employed in the shop or establishment, inclusive of one or more specified
intervals; (b)
provide for a day of rest in every period of
seven days which shall be allowed to all the workers employed in the shop or
establishment and for the payment of remuneration in respect of such days of
rest. (5)
The provisions of sub-sections (1) and (2)
shall, in relation to the following class of workers employed in such shop or
establishment, apply only to such extent, and subject to such conditions, as
may be prescribed, namely - (a)
workers engaged on urgent work, or in any
emergency which could not have been foreseen or prevented; (b)
workers engaged in the nature of preparatory
or complementary work which must necessarily be carried on outside the normal
hours of work laid down in the rules; (c)
workers engaged in any work which for
technical reasons has to be completed before the day is over; (d)
workers engaged in a work which cannot be
carried on except at times dependent on the irregular action for natural
forces; and (e)
highly skilled workers (such as workers
working in the establishments of Information Technology, Bio-Technology and
Research and Development Divisions) Where any worker is required
to work on any day in excess of nine hours and forty-eight hours in a week, he
shall be entitled to wages at the rate of twice his ordinary rate of wages or
such higher amount as may be prescribed. (1)
A department or any section of a department
of the shop or establishment may work in more than one shift at the discretion
of the employer and if more than one shift is worked, the worker may be
required to work in any shift at the discretion of the employer. (2)
A shop or an establishment may work on all
days in a week subject to the condition that every worker shall be allowed
weekly holiday of at least twenty-four consecutive hours of rest. (3)
If a worker is denied weekly holiday, the compensatory
leave in lieu thereof shall be given within two months of such weekly holiday. (4)
The period and hours of work in a week for
all classes of workers in such shift shall be informed to all workers in
writing and shall be sent to the Facilitator electronically or otherwise. (5)
Where a worker is required to work on a day
of rest, he shall be entitled to wages at the rate of twice his ordinary rate
of wages. CHAPTER 4 LEAVE AND HOLIDAYS (1)
Every worker shall be allowed a weekly
holiday with wages: Provided that the State
Government may, by notification, fix different days as weekly holiday for
different class of shops and establishments or areas. (2)
Every worker shall be entitled to eight days
casual leave with wages in every calendar year which shall be credited into the
account of the worker on a quarterly basis. (3)
Every worker who has worked for a period of
two hundred and forty days or more in a shop or establishment during a calendar
year shall be allowed during the subsequent calendar year, leave with wages for
a number of days calculated at the rate of one day for every twenty days of
work performed by him during the previous calendar year. (4)
Every worker shall be permitted to accumulate
earned leave up to a maximum of forty-five days. (5)
Where the employer refuses to sanction the
leave due when applied fifteen days in advance, then the worker shall have a
right to encash the leave in excess of forty-five days: Provided that if a worker is
entitled to leave under this section, is discharged by his employer before he
has been allowed the leave, or if, having applied for and having been refused
the leave, he quits his employment on account of retirement, resignation, death
or permanent disability, the employer shall pay him full wages for the period
of leave due to him. (6)
A worker shall be entitled to eight paid
festival holidays in a calendar year, namely, the Independence Day, Republic
Day and Gandhi Jayanti and five such other festival holidays as may be agreed
to between the employer and the workers, before the commencement of the year. (7)
For the purpose of sub-section (3)- (a)
any day of lay-off, by agreement or contract
or as permissible under the model standing orders or standing order certified
under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946); (b)
in the case of a female worker, the maternity
leave under the provisions of the Maternity Benefits Act, 1961 (53 of 1961); (c)
the leave earned in the year prior to that in
which the leave is availed, or (d)
the absence of the worker due to temporary
disablement caused by accident arising out of and in the course of his
employment, shall be deemed to be days on which the worker has worked in a shop
or establishment for the purpose of computation of the period of two hundred
and forty days or more, but shall not earn leave for these days. (8)
The leave admissible under sub-section (3)
shall be exclusive of all holidays whether occurring during or at either end of
the period of leave. CHAPTER 5 WELFARE PROVISIONS Every employer shall make
effective arrangements to provide and maintain at suitable points conveniently
situated for all persons employed in the shop or establishment, a sufficient
supply of wholesome drinking water. Every employer shall provide
sufficient latrine and urinal for male and female as may be prescribed which
shall be so conveniently situated as may be accessible for the workers employed
in the shop or establishment: Provided that several
employers may provide common facilities, in case it is not possible in a shop
or establishment due to constraint in space or otherwise. In every shop or
establishment wherein thirty or more woman workers or fifty or more workers are
ordinarily employed, there shall be provided and maintained a suitable room or
rooms as créche for the use of children of such woman workers: Provided that if a group of
shops or establishments, so decide to provide a common créche within a radius
of one kilometre, then, the same shall be permitted by the Chief Facilitator,
by an order, subject to such conditions as may be specified in the order. Every employer shall provide
at the place of work first-aid facilities as may be prescribed. The State Government shall
require the employer to provide and maintain in the shop or establishment,
wherein not less than one hundred workers are employed or ordinarily employed
to maintain a canteen for the use of its workers: Provided that a group of
shops or establishments, so decide to provide a common canteen, then the same
shall be permitted by the Chief Facilitator by an order, subject to such
conditions as may be specified in the order. CHAPTER 6 FACILITATORS AND THEIR POWERS AND
FUNCTIONS (1)
The State Government may, by notification,
appoint such persons who possesses the prescribed qualification to be
Facilitator for the purpose of this Act and may assign to them such local
limits as it may think fit: Provided that the State
Government may, by notification, appoint a Chief Facilitator who shall, in
addition to the powers conferred on a Chief Facilitator under this Act,
exercise the powers of a Facilitator throughout the State. (2)
The State Government may prescribe a scheme
for inspection of shops and establishments which shall provide for generation
of a web-based inspection schedule. (3)
Every Facilitator and Chief Facilitator
appointed under sub- section (1) shall be deemed to be public servant within
the meaning of section 21 of the Indian Penal Code and shall be officially
subordinate to such authority as the State Government may specify in this
behalf. (4)
Subject to such conditions as may be
prescribed, a Facilitator may, within the local limits for which he is
appointed- (i)
advice the employers and workers and provide
them such information as may be considered necessary for complying with the
provisions of this Act effectively; (ii)
inspect the shop or establishment in
accordance with the scheme for inspection referred to in sub-section (2) and
may- (a)
examine any person who is found in any
premises of the shop or establishment and whom, the Facilitator has reasonable
cause to believe, is a worker of the shop or establishment; (b)
require any person to give any information,
which is in his power to give with respect to the names and addresses of the
persons; (c)
search, seize or take copies of such
register, record of wages or notices or portions thereof as the Facilitator may
consider relevant in respect of an offence under this Act and which the
Facilitator has reason to believe has been committed by the employer; (d)
bring to the notice of the State Government
defects or abuses not covered by the law for the time being in force; and (e)
exercise such other powers as may be
prescribed : Provided that no person
shall be compelled under this section to answer any question or give any
evidence tending to incriminate himself. (5)
Any person required to produce any document
or to give any information required by a Facilitator under sub-section (4)
shall be deemed to be legally bound to do so within the meaning of section 175
and section 176 of the Indian Penal Code. (6)
The provisions of the Code of Criminal
Procedure, 1973 shall, so far as may be, apply to the search or seizure under
sub- clause (c) of clause (ii) of sub-section (4) as they apply to the search
or seizure made under the authority of a warrant issued under section 94 of the
said Code. CHAPTER 7 RECORDS AND RETURNS (1)
Subject to the relevant provisions of the
Labour Laws (Simplification of Procedure for Fumishing Returns and Maintaining
Registers by Certain Establishments) Act, 1988 as applicable to his shop or
establishment, every employer shall maintain such registers and records as may
be prescribed. (2)
The records may be maintained electronically
or anually: Provided that at the time of
inspection by Facilitator, a hard copy of such records if demanded, shall be
submitted duly signed by the employer. Every employer of a shop or
an establishment shall furnish an annual return, in such form and manner
(including electronic form), to such authority as may be prescribed. CHAPTER 8 OFFENCE AND PENALTIES (1)
Whoever contravenes the provisions of this
Act or the rules made thereunder shall be punishable with fine which may extend
to two lakh rupees and in the case of a continuing contravention, with an
additional fine which may extend to two thousand rupees for every day during
which such contravention continues: Provided that the total
amount of fine shall not exceed two thousand rupees per worker employed. (2)
If any person who has been convicted of any
offence punishable under sub-section (1) is again guilty of an offence
involving a contravention or failure of compliance of the same provision, he
shall be punishable on a subsequent conviction with fine which shall not be
less than one lakh rupees but which may extend to five lakh rupees. Save as otherwise expressly
provided in this Act, where an employer on being held guilty of contravention
of any of the provisions of this Act or any rules made there under which has
resulted in an accident causing serious bodily injury or death of a worker,
shall be punishable with imprisonment which may extend to six months or with
fine which shall not be less than two lakh rupees which may be extended to five
lakh rupees or with both. (1)
Whoever wilfully obstructs a Facilitator in
exercise of any powers conferred on him by or under this Act or refuses or
wilfully neglects to afford the Facilitator any reasonable facility for making
any inspection, examination, inquiry or investigation authorised by or under
this Act in relation to a shop or an establishment, shall be punishable with
fine which may extend to two lakh rupees. (2)
Whoever wilfully refuses to produce on the
demand of a Facilitator, any register or other document kept in pursuance of
this Act or the rules made thereunder or prevents or attempts to prevent or
does anything which he has reason to believe to prevent any person from
appearing before, or being examined by, a Facilitator acting in pursuance of
this duties under this Act, shall be punishable with fine which may extend to
two lakh rupees: Provided that the total
amount of fine shall not exceed two thousand rupees per worker employed. (1)
No Court shall take cognizance of any offence
punishable under this Act and the rules made thereunder unless a complaint in
respect thereof is made by the Facilitator within three months of the date on
which the alleged commission of the offence came to the knowledge of the
Facilitator and a complaint is filed in the regard thereby: Provided that where the
offence consists of disobeying a written order made by a Facilitator, complaint
thereof may be made within six months of the date on which the offence is
alleged to have been committed. (2)
No Court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the First Class shall try any offence
punishable under this Act or the rules made thereunder. (1)
Notwithstanding anything contained in the Code
of Criminal Procedure, 1973, any offence punishable under this Act, not being
an offence punishable with imprisonment only, or with imprisonment and also
with fine, may, on an application of the accused person, either before or after
the institution of any prosecution, be compounded by a Gazetted officer, as the
State Government may, by notification, specify, for a sum of fifty per cent. of
maximum fine provided for such offence, in the manner as may be prescribed. (2)
Nothing contained in sub-section (1) shall
apply to an offence committed by a person for the second time or thereafter
within a period of five years from the date - (a)
of commission of a similar offence which was
earlier compounded; (b)
of commission of similar offence for which
such person was earlier convicted. (3)
Every officer referred to in sub-subsection
(1) shall exercise the powers to compound an offence, subject to the direction,
control and supervision of the State Government. (4)
Every application for the compounding of an
offence shall be made in such form and manner as may be prescribed. (5)
Where any offence is compounded before the
institution of any prosecution, no prosecution shall be instituted in relation
to such offence, against the offender in relation to whom the offence is so
compounded. (6)
Where the composition of any offence is made
after the institution of any prosecution, such composition shall be brought by
the officer referred to in sub-section (1) in writing, to the notice of the
Court in which the prosecution is pending and on such notice of the composition
of the offence being given, the person against whom the offence is so
compounded shall be discharged. (7)
Any person who fails to comply with an order
made by the officer referred to in sub-section (1) , shall be liable to pay a sum
equivalent to twenty per cent. of the maximum fine provided for the offence, in
addition to such fine. (8)
No offence punishable under the provisions of
this Act shall be compounded except under and in accordance with the provisions
of this section. CHAPTER 9 Application
and non-application of certain Acts The provisions of the
Employees Compensation Act, 1923 (8 of 1923) and if the rules made thereunder
shall, mutatis mutandis apply to every worker in a shop or an establishment. (1)
Notwithstanding anything contained in the
Payment of Wages Act, 1936 (4 of 1936) herein referred to as the said Act, the
State Government may, by notification in the official gazette, direct that
subject to the provisions of section 2 of the said Act or any of the provisions
thereof or of the rules made thereunder shall apply to all or any class of
workers of such shops or establishments 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 facilitator
appointed under this Act shall be deemed to be the Inspector for the purposes
of the enforcement of the provisions of the said Act within the local limit of
his jurisdiction. On and from the date on
which this Act comes into force in respect of a shop or an establishment, the
Weekly Holidays Act, 1942 (18 of 1942) shall cease to apply to any shop or an
establishment. CHAPTER 10 MISCELLANEOUS No suit, prosecution or
other legal proceeding shall lie against any public servant or any other person
in the service of the Central Government or the State Government, acting under
direction of any such public servant, for anything in good faith done or
intended to be done in pursuance of the provisions of this Act or of any rule
made thereunder. The State Government or any
officer empowered in this behalf may, by notification, exempt from the
operation of all or any provisions of this Act for any period it is considered,
any shop or establishment or class thereof or any employer or worker or class
of employers or workers to whom this Act applies on such terms and conditions
as it may think fit. The provisions of this Act
shall be in addition to, and not in derogation of the provisions of any other
law (which are not specified at chapter IX) for the time being in force. (1)
The State Government may, by notification,
make rules for carrying out the provisions of this Act. (2)
In particular and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely:-- (a)
the authority to which and the form and
manner in which an application shall be made under sub-section (2), the form of
Labour Identification Number under sub-section (3), and the manner of obtaining
Labour Identification Number under sub-section (4), of section 5; (b)
the measures to be taken by the employer
relating to the health and safety (including cleanliness, lighting, ventilation
and prevention of fire) of the workers under sub-section (1) of section 7; (c)
the matters to be provided by rules under
sub-section(4) of section 8; (d)
the condition subject to which the provisions
of sub- section (1) and (2) of section 8 shall apply to certain class of
workers under sub-section (5) of that section; (e)
rate of higher amount of wages under section
9; (f)
the provisions of sufficient latrine and
urinals under section 13 and the provision of first-aid facility under section
15; (g)
the qualifications of Facilitators under
sub-section(1), conditions subject to which a Facilitator shall exercise his
powers under sub-section (4), and other powers exercisable by him under
sub-clause (¢) of clause (ii) of sub-section (4), of section 17; (h)
the registers and records to be maintained by
the employers under sub-section (1) of section 18; (i)
the form and manner (including electronic
form) for furnishing of annual return and the authority to such returns shall
be furnished under section 19; (j)
the manner of compounding of offences under
sub- section (1), and form and manner for making application for such
compounding under sub-section (4), of section 24; and (k)
Any other matter which is required to be, or
may be, prescribed. (3)
Every rule made by the State Government under
this Act shall be laid, as soon as may be after it is made, before the House of
the State Legislature. (1)
If any difficulty arises in giving effect to
the provisions of this Act, the State Government may, by order, published in
the Official Gazette, make such provisions not inconsistent with the provisions
of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall
be made under this section after the expiry of two years from the date of the
commencement of this Act. (2)
Every order made under this section shall be
laid, as soon as may be after it is made, before the House of the State
Legislature. (1)
The Manipur Shops and Establishments Act,
1972 and the Manipur Shops and Establishments (Regulation of Employment and
Conditions of Service) Ordinance, 2021 are hereby repealed. (2)
Notwithstanding such repeal under sub-section
(1), anything done or any action taken under the said Act or Ordinance shall,
in so far as such thing or action is not inconsistent with the provisions of
this Act, be deemed to have been done or taken under the provisions of this
Act. (3)
The mention of particular matters in this
section shall not be No. 10 of held to prejudice or affect the general
application of section 6 of 1897 the General Clauses Act, 1897 with regard to
the effect of repeals.The
Manipur Shops And Establishments (Regulation Of Employment And Conditions Of
Service) Act, 2021