Andaman and Nicobar Islands Shops and Establishments Regulation, 2004
This regulation sets the rules for employment and working conditions in shops, commercial establishments, restaurants, hotels, theatres, and other places of business in the Union Territory of Andaman and Nicobar Islands. It covers registration, working hours, leave, wages, safety, and the employment of women and young persons.
Applicability
The regulation applies to shops, commercial establishments, restaurants, residential hotels, theatres, and places of public entertainment. It defines who counts as an “employee” and “employer,” and what qualifies as a “shop” or “commercial establishment” for the purposes of the law.
Registration of Establishments
Every shop and establishment must register under this regulation.
- The employer has to apply for registration within a set time after the business opens.
- Once approved, the authority issues a certificate of registration.
- That certificate must be displayed prominently at the premises.
Employment Regulations
Working Hours
The regulation caps how many hours an employee can work each day and each week, and it lays out rules for overtime pay when those limits are exceeded.
Rest Intervals
Employees can’t be made to work continuously without a break — the law requires scheduled rest intervals during the workday.
Opening and Closing Hours
Establishments may only operate within the hours permitted under the regulation.
Weekly Holiday
Every employee is entitled to one day off each week.
Leave Provisions
Employees are entitled to several types of leave:
- Annual leave with wages
- Casual leave
- Sick leave
Unused leave can be carried forward under the conditions set out in the regulation.
Wages and Payment
- Wages must be paid on time.
- Employers cannot make unauthorized deductions from an employee’s pay.
Health and Safety
Establishments must maintain hygiene, cleanliness, and proper ventilation. The law also requires access to drinking water, first aid, and adequate lighting on the premises.
Employment of Women and Young Persons
- Employing children is prohibited outright.
- Women and young persons may be employed, but only under specific conditions, including limits on their working hours.
Penalties and Enforcement
Employers who don’t follow the regulation face fines and penalties. Inspectors appointed under the law are responsible for enforcement and can inspect establishments to check compliance.
Compliance Requirements
To stay compliant with the Andaman and Nicobar Islands Shops and Establishments Regulation, 2004, employers need to handle the following:
Registration
Apply for registration and renew it on schedule. Keep the registration certificate displayed where it’s visible.
Record-Keeping
Maintain registers covering employees, attendance, wages, and leave. Submit returns to the authorities as required.
Working Conditions
Stick to the prescribed working hours, rest intervals, and weekly holidays. Keep the workplace clean and safe, with the necessary facilities in place.
Payment of Wages
Pay wages on time and in line with applicable minimum wage laws.
Leave Management
Grant leave according to each employee’s entitlement, and keep records of leave taken and carried forward.
Employment of Women and Young Persons
Follow the restrictions on working hours for these groups, and make sure their safety and welfare are looked after.
Display of Notices
Post notices covering holidays, working hours, and wages, as the regulation requires.
Inspection and Compliance
Cooperate with labour inspectors, keep records current and ready for inspection, and respond promptly to any compliance notices from the authorities.
Consequences of Non-Compliance
Failing to comply with the regulation can lead to:
- Fines and penalties as set out in the law
- Suspension of the establishment’s registration or licence
- Legal proceedings brought by the authorities