Section 17 in Sikkim Shops and Commercial Establishments Act, 1983
17.
(1)Every shop or establishment shall remain closed on one day of the week The employer shall choose any day of the week and shall fix such day at the beginning of the year or within thirty days in case an establishment comes into existence at some time during the year other that the beginning of the year, notify it to the Inspector and specify it in a notice prominently displayed at a conspicuous place in the shop or establishment and shall be maintained in a clean and legible condition.(2)Notwithstanding anything contained in sub-section (1) the Government may, by notification in the Government Gazette fix any day in respect of any area specified in the notification.(3)If any day notified as a holiday under sub-section (I) happens to be a day of public festival, the employer may keep the shop or commercial establishment open on such day but in that event, he shall keep the shop or commercial establishment closed on some other day. within three days before or after the date of such public festival and give notice of the change to the Inspector at least seven clear days before the day of such public festival.(4)It shall not be lawful for an employer to call an employee at, or for any employee to go to, his shop or commercial establishment or any other place for any work in connection with .the business of his shop or commercial establishment on a day on which such shop or commercial establishment remains closed.(5)No deduction shall be made from the wages of any employee of a shop or commercial establishment on account of any day on which it has remained closed under this section If any employee is employed on a daily wage he shall nonetheless 'be paid his daily wage for the day on 'which such shop or commercial establishment remains closed If ,any employee is paid a piece rate wage, he shall nonetheless be paid his wage for the day on which the shop or commercial establishment remains closed, at a rate equivalent to the daily average of his wages for the days on which he actually worked during the six days preceeding such closed day exclusive of any earning in respect 'of overtime:Provided that nothing in this section shall apply to any person whose total period of continuous employment is less than six days.
