Section 61 in Sikkim Shops and Commercial Establishments Act, 1983
61.
(1)No fine shall be imposed on any person employed save in respect of such acts and omissions on his part as the employer, with the previous approval of the State Government or of the Chief Inspector may have specified by notice under sub-section (2).(2)A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on.(3)No fine shall be imposed on any person employed until he has been given an opportunity of showing cause against the fine, or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines.(4)The total amount of fine which may be imposed in any one wage period on any person shall not exceed an amount equal to paisa three in a rupee of the wages payable to him in respect of that wage period.(5)No fine shall be imposed on any person employed who has not completed his fifteenth year of age.(6)No fine imposed on any person employed shall be recovered from him after the expiry of sixty days from the date on which it was imposed.(7)Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.(8)All fines and realizations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed; and all such realizations shall be applied only to such purposes beneficial to the persons employed in the establishment as are approved by the prescribed authorityExplanation. - When the persons employed are part only of the staff employed under the same management, all such realizations may be credited to a common fund maintained, for the staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority.
