Andaman and Nicobar Shops and Establishments Regulation

The Andaman and Nicobar Islands Shops and Establishments Regulation, 2004 governs the regulation of employment and working conditions in shops, commercial establishments, restaurants, hotels, theatres, and other establishments in the Union Territory of Andaman and Nicobar Islands. It is designed to ensure proper working conditions, rights, and welfare of employees.

Key Provisions of the Act

1. Applicability

The Act applies to shops, commercial establishments, restaurants, residential hotels, theatres, and places of public entertainment. It covers employees in these establishments, defining terms like "employee," "employer," "shop," and "commercial establishment."

2. Registration of Establishments

• All shops and establishments must be registered under this Act.
• The employer must apply for registration within a prescribed time from the commencement of the business.
• A certificate of registration will be issued and must be displayed prominently.

3. Employment Regulations

• Working Hours: Limits the number of hours an employee can work per day and week. Provisions for overtime work are included.
• Rest Intervals: Mandates intervals for rest and prohibits continuous work without breaks.
• Opening and Closing Hours: Specifies the permissible hours of operation for establishments.
• Weekly Holiday: Employees are entitled to a day off each week.

4. Leave Provisions

Employees are entitled to specific types of leave:

• Annual leave with wages.
• Casual leave.
• Sick leave. Provisions for carry-forward of unused leave are also included.

5. Wages and Payment

• Ensures timely payment of wages.
• Prohibits unauthorized deductions from wages.

6. Health and Safety

• Mandates measures to ensure hygiene, cleanliness, and proper ventilation in establishments.
• Prescribes the provision of drinking water, first aid, and adequate lighting.

7. Employment of Women and Young Persons

• Prohibits employment of children.
• Sets conditions for the employment of women and young persons, including restricted working hours for these categories.

8. Penalties and Enforcement

• Employers who violate the provisions of the Act are subject to fines and penalties.
• Enforcement is overseen by inspectors appointed under the Act.

Compliance Requirements

To comply with the Andaman and Nicobar Islands Shops and Establishments Regulation, 2004, employers must:

Registration:

Apply for registration and renew it periodically. Display the registration certificate prominently.

Maintain Records:

Keep registers of employees, attendance, wages, and leave. Submit returns as required by the authorities.

Working Conditions:

Ensure adherence to prescribed working hours, rest intervals, and weekly holidays. Provide a clean and safe working environment with necessary facilities.

Payment of Wages:

Pay wages on time and ensure compliance with the applicable minimum wage laws.

Leave Management:

Grant employees leave as per the entitlement. Maintain records of leave granted and carried forward.

Employment of Women and Young Persons:

Adhere to restrictions on working hours and ensure safety and welfare.

Display Notices:

Display notices regarding holidays, working hours, and wages as required by the Act.

Inspection and Compliance:

Cooperate with labor inspectors and ensure all records are updated and available for inspection. Address any notices or compliance issues raised by the authorities promptly.

Consequences of Non-Compliance

Non-compliance with the provisions of the Act may result in:

Fines and penalties as prescribed in the Act.

Potential suspension of the establishment's license or registration. Legal proceedings initiated by the authorities.