Applicability of the Assam Shops and Establishment Act, 1971 and the exceptions and exemptions
Objective of the The Assam Shops and Establishment Act
The Assam Shops and Establishment Act of 1961 & 1971 is a state law that regulates the working conditions for the employees in the shops and establishments in the state of Assam which discusses the hours of work, leave and wages etc. The enforcement of the Act is carried out by the Inspectors appointed by the Government of Assam, who are empowered to inspect any shop or establishment for compliance with the Act and its rules. Employers found to be violating the Act can be fined or face legal action. Further, employees can also approach the labour court to redress their grievances.
Definition of shops and establishments under the Assam Shops and Establishment Act of 1971
The Assam Shops & Establishments Act of 1971 and its rules apply to all the shops and commercial establishments in the Assam State.
An establishment means a shop or a commercial establishment or an establishment for public entertainment or amusement. Shop means any premises where any trade or business is carried on or where services are rendered to customers which includes office, store rooms, godown or warehouse but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefit provided for workers under the Factories Act of 1948.
Applicability of the Assam Shops and Establishment Act of 1971
The Assam Shops and Establishment Act of 1971 applies to all shops and establishments in the state of Assam, India. The act defines a “shop” as any premises where goods are sold by retail or wholesale or services are rendered to customers. It includes offices, commercial establishments and other similar establishments. The act applies to all shops and establishments regardless of their size or nature of business and covers both permanent & temporary employees working in these establishments. It also applies to establishments that are owned by the government or local authorities.
The provisions of the act cover various aspects of employment including working hours, leave, holidays, overtime and conditions of service. It also provides for the registration of shops and establishments, maintenance of records and penalties for non-compliance.
Registration under the Assam Shops & Establishment Act of 1971
- Every employer shall have his establishment registered under this Act. The registration shall be valid for a calendar year and thereafter, shall be renewed for every calendar year.
- The application for registration or renewal of registration shall be made to the Chief Inspector or other officer authorised on his behalf.
- The fees payable for registration shall be as prescribed by the State Government.
- Where an establishment is registered or a certificate of registration or renewal shall be issued to the employer. The certificate shall be displayed at some conspicuous place of the establishment.
Exemptions and exceptions under the Assam Shops & Establishment Act, 1971
- Establishments covered under other acts: Establishments that are covered under other labour laws such as the Factories Act of 1948, the Mines Act of 1952 and the Plantations Labour Act of 1951 are exempted from the provisions of the Assam Shops and Establishment Act.
- Seasonal establishments: Seasonal establishments such as fairs, melas and exhibitions are exempted from the provisions of the act.
- Domestic servants: Domestic servants employed in private households are not covered under the act.
- Part-time workers: Part-time workers who work for less than 4 hours a day are exempted from the provisions of the act.
Online Registration of Shops and Establishments under the Act
Follow the links:
- Apply for Registration of Shops and Establishment Online:
- https://labourcommissioner.assam.gov.in/information-services/detail/registration-of-shops-and-establishment
- https://services.india.gov.in/service/detail/apply-for-registration-of-establishment-under-the-assam-shops-and-establishment-act-1971-in-form-o-under-section-36-and-rule-45-of-the-assam-rules-assam-1
- Apply for Renewal of the Certificate of Registration of Shops and Establishments:
- https://labourcommissioner.assam.gov.in/information-services/detail/renewal-of-shops-and-establishments
- https://services.india.gov.in/service/detail/apply-for-auto-renewal-of-the-certificate-of-registration-of-establishment-in-form-o-under-section-36-of-the-assam-shops-and-establishment-act-1971-and-rule-49-of-the-assam-rules-assam-1