Section 76 in Sikkim Shops and Commercial Establishments Act, 1983
76.
(1)Where the owner of an establishment is a firm or other association of individuals, anyone of the individuals, partners or members thereof, may be prosecuted and punished under this Act for any offences for which an employer of an establishment is punishable:Provided that, the firm or association may give notice to the Inspector that it has nominated one of its members who is resident in the State to be the employer for the purposes of this Act and! such individual shall, so long as he is so resident, be deemed to be the employer for the purposes of this Act, until the notice cancelling nomination is received-by the Inspector or until he seizes to be a partner or member of the firm or association.(2)Where the owner of an establishment is a company any one' of the directors thereof, or in the case of a private company anyone of the share holders thereof, may be prosecuted and punished under this Act for any offence for' which 'the employer of the establishment is punishable Provided that the company may give notice to the Inspector that it has nominated a director, or, in the case of a private company, a shareholder who is resident in the State, to be the employer in the establishment for the purposes of this Act, and such director, or shareholder shall, so long as he is so resident, be deemed, to be the employer of the establishment for the purposes of this Act, until further notice cancelling his nomination is received by the, Inspector or until he seizes to be a director or shareholder.
