TAMIL NADU SHOPS AND ESTABLISHMENTS (AMENDMENT) ACT, 2017
ACT No. 9 OF 2017
An Act further to amend the Tamil Nadu Shops and Establishments Act, 1947.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-eighth Year of the Republic of India as follows:-
Short title and commencement
1. (1) This Act may be called the Tamil Nadu Shops and Establishments (Amendment) Act, 2017.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
Amendment of Section 41
Tamil Nadu Act XXXVI of 1947
2. In section 41 of the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the principal Act), after sub-section (2), the following sub-sections shall be inserted, namely :-
“(2-A) The appellate authority may, if it considers that any document or the testimony of any person is relevant or necessary for the discharge of its duties under this Act as appellate authority, call for and inspect such document or summon and examine such person. For the aforesaid purposes, it shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure,1908 (Central Act V of 1908), in respect of the following matters, namely:-
(i) summoning and enforcing the attendance of any person and examining him on oath;
(ii) compelling the production of documents;
(iii) issuing commissions for the examination of witnesses.
(2-B) The appellate authority, may, after giving notice in the prescribed manner to the employer and the person employed, dismiss the appeal or direct the reinstatement of the person employed, with or without wages for the period he was kept out of employment or direct payment of compensation without reinstatement or grant such other relief as it deems fit in the circumstances of the case.”.
Substitution of section 45.
3. For section 45 of the principal Act, the following section shall be substituted, namely :-
“45. Penalties.—Whoever contravenes any of the provisions of sections 7 to 11, 13 to 23, 25, 26, 29 to 41 and 47 shall be punishable for a first offence, with fine which may extend to five thousand rupees and for a second or subsequent offence, with fine which may extend to ten thousand rupees.”. |
