Background
The Assam Shops and Establishments Act governs the regulation of working conditions, employment practices, and operational standards for shops and commercial establishments across the state. It lays down provisions relating to registration, working hours, leave entitlements, wages, health, safety, and welfare of employees to ensure fair and humane working conditions. The Assam Shops and Establishments Rules, 1976 also prescribe detailed compliance requirements for employers, including maintenance of registers, display of notices, and adherence to safety and welfare measures, thereby promoting transparency and accountability in establishments.
Application
These compliances shall be applicable to all shops and establishment as defined under Assam Shops and Establishment Act.
Compliance Requirement under the Act in Accordance with the Rules
Employer of an establishment employing 20 or more workers shall apply (in Form-O) for Registration under this act within 60 days from the date of commencement of said establishment.
The establishment after making an application shall obtain a Labor Identification Number (LIN) within a period of 60 days from the date of opening of such shops or establishment. The establishment shall make an application in Form-O and containing the following details: (i) Name of the employer and manager (ii) postal address of the establishment (iii) name of the establishment, if any (iv) actual name of the business of the establishment (v) such other particulars as may be prescribed
The employer shall notify the Chief Facilitator or the authorised Facilitator in Form-R, along with the original treasury challan, of any change in the particulars submitted under Rule 45(1) or Section 6, within 10 days from the date of such change.Authority shall issue fresh registration certificate within a period of 15 days.
5. Form -S: Notice of Closure of business in Assam (Section 10 | Rule 51)
The employer shall, within 30 days of the date of closure of business notify to the Chief facilitator & facilitator in the prescribed Form-S elongate Certificate of Registration that the shop or establishment has been closed for business.
If any Certificate of Registration/renewed Certificate of Registration is lost, destroyed or defaced then the employer shall report the matter and make an application for “Duplicate Certificate” in Form-T accompanied by the original copy of the treasury challan.
A Certificate of Registration or a renewed Certificate of Registration issued under shops and establishment act or respective rules shall not be transferable.
Employer shall, within 15 days of transfer of ownership of the establishment, notify the Chief Inspector or authorised officer and surrender the Certificate of Registration/renewed certificate along with a signed statement mentioning the name and address of the transferee.
No establishment or unit shall discriminate among employees on the basis of gender in matters of recruitment, training, transfer, promotion, or wages. There shall be no discrimination in an establishment or any unit thereof among employees on the ground of gender in matters of recruitment, training, transfer or promotion or wages
No woman worker shall be required to work in an establishment during night hours between 9:00 p.m. and 6:00 a.m.
Further, written consent has to be taken from women agreed to work at night and the work area shall be under the supervision of women security guards, CCTV surveillance with other safety measures, proper transportation, separate restrooms and shall have additional facility for paid holidays and shall be allowed to take rest between shifts. Further it shall be the duty of employer and other responsible persons at the work places to: (i) prevent or deter the commission of acts of sexual harassment and to provide procedures for the resolution, statement or prosecutions of acts of sexual harassment by taking all steps, required as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. (ii) to offer congenial atmosphere in working place, with health and hygiene and time for leisure, and to ensure that there is no malevolent environment for women and women shall not have any reasonable ground to believe that she is in a disadvantaged employment.
In every establishment: (a) Inside walls, ceilings, passages and staircases shall be lime-washed or colour-washed at least once a year, or earlier if required by Inspector (b) Beams, rafters, doors, window frames and other woodwork (excluding floors) shall be painted or varnished once every 2 years
(1) This rule shall not apply to: (a) Storage rooms (except in hotels, restaurants and eating houses). (b) Surfaces made of galvanised iron, tiles, asbestos sheets or glazed bricks. (c) Establishments where the Inspector considers lime-washing or painting unnecessary. (2) Floors, passages and stairs shall be cleaned daily. (3) Where floors become wet during operations, proper drainage shall be provided. (4) Rubbish or filth shall not accumulate on or near the premises. (5) Waste or sewage drains shall be impermeable and regularly flushed. (6) Establishments storing goods shall provide washing facilities for employees. (7) Internal combustion engines shall operate with exhaust directed to open air. (8) Where dust or fumes arise, exhaust systems shall prevent inhalation and accumulation. (9) Employers shall provide sufficient hygienic spittoons with daily disinfectant replacement.
The dates on which lime-washing, colour-washing, painting or varnishing is carried out under sub-rule (1) shall be duly entered in a register maintained in Form-H.
Employer shall ensure that all the employees engaged in preparation or serving of food, drink or beverages are free from communicable diseases and obtain a medical fitness certificate in Form-I from a competent medical officer.
In every work room or hall of an establishment, windows and other forms of openings for ventilation shall be provided in sufficient numbers to admit a continued supply of fresh air so as to keep the atmosphere inside such room or hall comfortable and free from dust, fumes and other impurities.
Provide adequate fire escape arrangements in the stab. 2) Ensure exit doors remain easily openable from inside when persons are present 3) Install sufficient fire buckets or chemical extinguishers at suitable location 4) Display no-smoking or naked light warning notices near inflammable material
All dangerous machinery parts shall be securely guarded or fenced during operation. 2) Stab. using electric-powered machinery shall maintain emergency power cut-off devices. 3) Employees shall not wear loose clothing near moving machinery; tight-fitting clothing shall be provided by employer.
Employer may operate multiple shifts & assign workers accordingly 2) Workers shall receive 24 consecutive hrs of weekly rest 3) If denied, compensatory leave shall be given within 2 MThs 4) Shift hrs shall be notified to workers and Facilitator 5) Work on a rest day shall be paid at double wages
Employer shall record full particulars of overtime work done by employee in the prescribed register and issue an overtime slip in Form-A to the employee immediately after overtime work, duly signed by the employer or authorised person.
Form. No. ‘A’ shall be issued to an employee by the employer concerned under his own signature or under the signature of any other person authorised by him to do so on his behalf by general or special order. And copies of such general or special orders shall be pasted on the Notice Board of the establishment for information of the employees Concerned.
Employer shall issue an identity card containing prescribed particulars to every worker, which shall be produced by the worker on demand by the Facilitator.
Employer shall submit the weekly closure notice in Form-B in duplicate to the Inspector for countersignature and display the approved notice in the shop specifying the weekly closed day. The Inspector shall retain one copy for records and return the countersigned copy for display.
Employer shall display Form-C notice specifying 1.5 days of weekly holidays for employees. Notice shall also be submitted in duplicate to the Inspector for countersignature before display.
Weekly holidays shall be continuous and not altered more than once in a year.
Every worker shall be entitled to 8 days of casual leave with wages in each calendar year, credited to the worker’s account on a quarterly basis.
(1) Ordinarily Casual Leave of absence shall not be admissible for more than seven days at a time and previous permission in writing of the employer shall be obtained before such leave is availed of: Provided that when it is not possible to obtain such previous permission, the employer shall, as may be practicable, be informed in writing of the absence from duty and the probable duration of such absence with reasons thereof.
(2) If an employee after proceeding on leave desires an extension thereof, he shall apply in writing to the employer, and the later shall send a written reply either granting or refusing the extension of leave to the applicant at the address last given by him
For calculating 240 days of qualifying service, the following shall be deemed as days worked: (i) Lay-off permitted under agreement or standing orders under the Industrial Employment (Standing Orders) Act, 1946. (ii) Maternity leave under the Maternity Benefit Act, 1961. (iii) Earned leave carried forward from the previous year. (iv) Absence due to temporary disablement arising out of employment. However, leave shall not accrue for these days.
The leave admissible under sub-section (3) shall be exclusive of all holidays occurring during or either at the end of the period of leave.
Every worker shall be paid wages for the period of his leave earned under sub-section (3) & (4) above at the rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding 3 months, exclusive of any earnings in respect of overtime.
Workers may accumulate earned leaves up to 45 days. If leave applied 15 days in advance is refused, excess leave may be encashed. On discharge, resignation, retirement, death or disability, employer shall pay wages for leave due.
(1) An employee intending to avail privilege leave shall apply in writing at least seven days in advance, and the employer shall decide the application within three days. The notice period may be waived in urgent cases.
(2) Privilege leave due shall not be refused; if refused due to work exigencies, it shall accumulate without limit.
(3) Where leave is granted, the employee shall be paid half of the leave wages in advance before commencement of leave, if demanded.
(4) If an employee after proceeding on leave desires an extension thereof, he shall apply in writing to the employer, and the later shall send a written reply either granting or refusing the extension of leave to the applicant at the address last given by him
(1) Grant or extension of medical leave on grounds of sickness incurred or accident sustained, if due shall not be refused when prayed for in writing by or on behalf of an employee supported by a certificate from a registered medical practitioner. Further that the employer may, if he so thinks fit and undertakes or defray the cost involved, require the employee by an order in writing to be examined by the nearest. State Health Officer of Class I and if the employee refuses to submit to such examination or is certified on such examination he is certified to be fit for duty, the employer may refuse the leave or extension thereof as the case may be.
(2) If an employee after proceeding on leave desires an extension thereof, he shall apply in writing to the employer, and the later shall send a written reply either granting or refusing the extension of leave to the applicant at the address last given by him
Workers shall be granted 8 paid festival holidays each year, including 26 January, 15 August and 2 October, and 5 others as agreed. If required to work on such holidays, workers shall receive double wages and a compensatory leave on another day.
No employee shall work, nor shall any employer permit work, on a day when the employee is on holiday or leave as per the provisions of the Act and Rules.
Every employer shall make effective arrangements to provide and maintain a sufficient supply of wholesome drinking water at suitable and convenient points for all workers in the shop or establishment.
Every employer shall provide separate and sufficient restrooms, latrines, and urinals for men and women, conveniently accessible to workers. Where individual provision is not feasible due to space or other constraints, employers may provide common separate facilities for men and women. Latrines and Urinals shall be so situated as to be conveniently accessible and shall be provided in every establishment in sufficient number for the use of the employees thereof. The walls, ceilings and partitions of every latrine and urinal shall be made of glazed tiles as far as practicable and wherever they are not made of glazed tiles, they shall be white washed or colour washed once in every month. All latrines and urinals shall be adequately lighted, ventilated and at all times maintained in a clean and sanitary condition.
Every employer shall provide at the place of work first-aid facilities as may be prescribed.
(2) Every employer and in his absence the manager shall, on demand, produce for inspection of Facilitator all registers, records and notices required to be kept under and for the purposes of this Act.
(3) All such registers and records shall be kept in the premises of the shop or establishment to which they relate.
(2) Every employer and in his absence the manager shall, on demand, produce for inspection of Facilitator all registers, records and notices required to be kept under and for the purposes of this Act.
(3) All such registers and records shall be kept in the premises of the shop or establishment to which they relate.
Every employer in an establishment shall maintain a register of employment in Form-M. The register shall bear the signature of the employee and the employer shall authenticate the entries under his signature.
(1) The records may be maintained electronically or manually. Further at the time of inspection by a Facilitator, a hard copy of such records, if demanded, shall be submitted duly signed by the employer or his representative.
(2) Every employer and in his absence the manager shall, on demand, produce for inspection of Facilitator all registers, records and notices required to be kept under and for the purposes of this Act.
(3) All such registers and records shall be kept in the premises of the shop or establishment to which they relate.
(4) Where an employer applies in writing, the Chief Inspector may permit any existing muster roll, register or record containing the prescribed particulars to be maintained in place of the required register, record or notice. A copy of such order shall be forwarded to the Inspector having jurisdiction over the establishment.
All information in the register of employment shall be kept and maintained up-to date corrections, as and when necessary, shall be made within 3 days from the date any change takes place.
Employer shall maintain a Register of Leave in Form-N and particulars of application for leave, whether granted or refused, shall be entered in the corresponding part of the register against the name of the employee immediately after receipt of the application.
(1) The records may be maintained electronically or manually. Further at the time of inspection by a Facilitator, a hard copy of such records, if demanded, shall be submitted duly signed by the employer or his representative.
(2) Every employer and in his absence the manager shall, on demand, produce for inspection of Facilitator all registers, records and notices required to be kept under and for the purposes of this Act.
(3) All such registers and records shall be kept in the premises of the shop or establishment to which they relate.
Employer shall issue each employee a Leave Card in Form-N and update leave entries. The card shall remain the employee’s property and may be retained only for entries up to one week. In case of loss, a duplicate Leave Card shall be issued based on Leave Register records.
(1) Every such register shall be serially page marked and well bound.
(2) In any register or record which an employer is required to maintain under these rules, the entries relating to any day shall be made on that very day and shall be authenticated by the employer or the manager, as the case may be, by putting his signature against them: (a) Boag Bihu. (b) Durga Puja. (c) Diwali. (d) Christmas. (e) Id-Ul-Fitr. (f) any other occasion as may be specified by the Government. In case the employer or the manager is absent on any day the entries shall be authenticated by such person as may be authorised to do so by the employer.
The employer of a shop or establishment shall submit annual returns in the prescribed form and manner, including electronically, to the specified authority.
Every employer shall issue a letter of appointment in Form “G” to each employee and send copies by registered post to the Chief Inspector and area Inspector. It applies within 30 days for existing employees and before commencement of work for new employees.
Penalty & Punishments
Section 8: Cancellation of Registration Certificate
Section 27: Penalty which may extend upto Rs.50,000/- and in the case of a continuing contravention, with an additional fine which may extend to Rs.2,000/- for every day during which such contravention continues: Provided that, the total amount of fine shall not exceed Rs.2,000/- per worker employed in a shop or establishment.
Section 29:
(1) Any person who wilfully obstructs the Facilitator or fails to provide reasonable facilities for inspection, examination, inquiry or investigation under the Act shall be liable to a fine up to ₹1,00,000.
(2) Refusal to produce registers or documents, or preventing any person from appearing before or being examined by the Facilitator, shall be punishable with a fine up to ₹2,00,000, subject to a maximum of ₹2,000 per worker employed.
As per Rule 35: (1) Fine which may extend to Rs.50/- per day, and additional Rs.10/- for every day, during which breach continues.
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