THE MANIPUR SHOPS AND ESTABLISHMENTS (2nd AMENDMENT) BILL, 2015

8223

Bill No. 18 of 2015

(As introduced in the Manipur Legislative Assembly)

 

 

THE MANIPUR SHOPS AND ESTABLISHMENTS

(SECOND AMENDMENT) BILL, 2015

A

BILL

to amend further the Manipur Shops and Establishments Act, 1972 (Manipur Act No. 4 of 1973).

 

 

Be it enacted by the Legislature of Manipur in the Sixty-sixth Year of the Republic of India as follows:

 

Short title and commencement

  1.      (1) This Act may be called the Manipur Shops and Establishments (Second Amendment) Act, 2015.

(2) It shall come into force from such date as the State Government may, by notification in the Official Gazette, appoint.

  1. In clause (6) of section 2 of the Manipur Shops and Establishments Act, 1972 (hereinafter referred to as the Principal Act), in between the words ”a person” and ”wholly”, the words ”who is registered with, and issued a valid identity card by the Registering Officer” shall be inserted.

 

Addition of new section 7 A

3. After section 7 of the Principal Act, the following new section 7A shall be added, namely, —

”7A. (1) The Registering Officer appointed under section 5A shall also be the Registering Officer for registration of employees under this Act.

(2) Every employer shall register the names and particulars of every employee employed by him, within a week of such employment, with the Registering Officer.

(3) An employer who fails to register an employee under sub-section (2) shall be liable to pay a fine of rupees five thousand.

(4) The Registering Officer shall issue, in such form and in such manner as may be prescribed, an identity card to such registered employee.

(5) The identity card issued under sub-section (2) shall be valid for a period of one year from the date of registration of the employee by the Registering Officer and shall be renewable for every one year. The employee shall surrender his identity card to the employer on cessation of his employment by the employer. The employer shall immediately furnish to the Registering Officer the name and particulars of the employees who ceased to be his employee.

(6) The Registering Officer shall maintain a register of registered employees and identity card in such form and in such manner as may be prescribed.

 

Amendment of section 37

  1. After clause (h) of sub-section (2) of section 37 of the Principal Act, the following new clauses (i) and (j) shall be added, namely —

”(i) form and manner of issue of identity card under sub-section (4) of section 7A.’

(j) form and manner of register to be maintained under sub-section (6) of section 7A.”

 

 

STATEMENT OF OBJECTS AND REASONS

The Manipur Shops and Establishments Act, 1972 provides for registration of shops/ establishments and regulation of employment and conditions of service of the employees employed in shops/ establishments.

The said Act does not provide for registration of employees employed in any shop or establishment and for issuing Identity Card. The proposed law is to provide for registration of employees by the employers and to issue identity cards to the employees to protect the interest of such employees.

Hence the Bill.

 

Imphal                                                                                     I. Hemochandra Singh

August 28, 2015

 

 

 

MEMORANDUM ON DELEGATION LEGISLATION

The proposed sub-section (4) of section 7A to be added by clause 3 of the Manipur Shops and Establishments (Second Amendment) Bill, 2015 seeks to empower the State Government to provide in the rules the form and manner of the identity cards to be issued to the registered employees.

Sub-section (6) of the said section 7A proposes to empower the State Government to provide in the rules the form and manner of the register to be maintained for the registered employees.

The delegations are not excessive and normal in character.

 

FINANCIAL MEMORANDUM

As and when the proposed Manipur Shops and Establishments (Second Amendment) Bill, 2015 is enacted, there will be no expenditure from the consolidated fund of the State.

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Three Bills Passed by Government of Manipur:

1. The Protection of Manipur People Bill, 2015

2. The Manipur Land Revenue and Land Reforms (7th Amendment ) Bill, 2015

3. The Manipur Shops and Establishments (2nd Amendment) Bill, 2015

 

 

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