Nagalanad Shops and Establishments Act

The Nagaland Shops and Establishments Act, 1982 and Rules, 2015 are applicable to all the shops and commercial establishments in the whole of the Nagaland State.

The Act is enacted for the purpose of protecting the rights of employees. The Act provides regulations of the payment of wages, terms of services, work hours, rest intervals, overtime work, opening and closing hours, closed days, holidays, leaves, maternity leave and benefits, work conditions, rules for employment of children, records maintenance, etc.

Definitions

Commercial establishment means an establishment in which there is conducted the business of advertising, commission, forwarding or commercial agency, a department of a factory in which persons are employed inclerical capacity in any room or place where no manufacturing process is being carried on, a clerical department of any industrial or commercial undertaking including one of public transport, an insurance company, joint stock company, brokers, office or exchange, or such other establishment or class thereof as the State Government may, by notification, declare to be commercial establishment for the purposes of all or any of the provision of this Act, but does not include a Shop or an establishment for public entertainment or amusement.

Establishment means a shop or a commercial establishment or an establishment for public entertainment or amusement.

Establishment for public entertainment of amusement means a restaurant, eating house, cafe, cinema theatre and such other establishment or class thereof as the State Government may by notification, declare to be for the purposes of this Act, an establishment for, public entertainment or amusement, but does not include a shop or a commercial establishment.

Shop means any premises where any trade or business is carried on or where services are rendered to customers, and includes office, store rooms, godown of warehouse, whether in the same premises or otherwise used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act 1948 or an establishment for public entertainment for amusement.

Registration

In the case of a shop or an establishment, not being a shop or an establishment in existence on the date on which the Act applies, the shop-keeper or the employer, as the case may be, shall apply under Section 36(1) for registration within thirty days from the date on which the shop or the establishment, as the case may be commence its business.

An application for registration or for renewal of registration certificate shall be made to the Chief Inspector or to such other Officer authorised in these behalf in Form "B" Rule 4 sub rule (2) within such date and containing such particulars as may be prescribed.

Every application shall be accompanied by requisite fees specified in Schedule I Part I (A), (B) and (C), Along with original Treasury Challan depositing the fees to the Government Treasury under the "Head of Account "0230"- L and E.

On receipt of an application accompanied by the requisite fee the registering authority shall, on being satisfied about the correctness of the particulars furnished in the application, register the shop or the establishment, as the case may be in the appropriate part of the register of the shop and establishments and issue a certificate of registration.

Compliances

As per the Nagaland Shops and Establishment Rules, 2015.

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