The Sikkim Shops and Establishments Act, 1983 and Rules, 1984 are applicable to all the shops and commercial establishments in the whole of the Sikkim 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.
Commercial establishments means an establishments which carries on any business, trade, profession or any work in connection with,incidental or ancillary to, any business, trade or profession and includes -
Establishment means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place of public amusement or entertainment and includes such other establishment as the State Government, may by notification, declare to be an establishment for the purposes of this Act.
Shop means any premises where goods. are sold either by retail or whole or where services are rendered to customers, and includes an office, a store room, godown, warehouse or work place whether in the same premises or otherwise used in connection with such trade or business but does not include, a factory, a commercial establishment, residential hotel, restaurant, eating house, theatre or other place public amusement or entertainment.
Every establishment to which this Act shall be registered -
Within thirty trays from the date on which the Act applies to an establishment, the employer shall send to the Chief Inspector, a statement in prescribed form, together with such facts as may be prescribed containing : -
On the receipt of the statement and the fees, the Chief Inspector on being satisfied about the correctness of the statement made therein, shall register an establishment in the register of establishment, and shall issue in the prescribed form, a registration certificate to the employer.
The registration certificate shall be displayed at a conspicuous place in the establishment.
Registration certificate granted shall be valid up to the end of the year for which it is granted. An application for the renewal of a registration certificate shall be submitted not less than fifteen days before the date of expiry of the registration certificate or the renewed registration, as the case may be, and shall be accompanied by such fees as may be prescribed and the renewed registration certificate shall be in such form, as may be prescribed.
In the event of any doubt or difference of opinion between an employer and the Inspector as to the category to which an establishment should belong, the Inspector shall refer the matter to the Chief Inspector, who shall after such inquiry as he thinks proper, decide the category of such establishment and his decision shall be final for the purposes of this Act.