West Bengal shop and establishment act 1963

Title, Extent, Commencement & Application

The Act is called the West Bengal Shops & Establishments Act 1963 It extends to whole of West Bengal Will come into force on such dates as notified Shall apply to areas and classes of shops and establishments as notified

Definitions-I

Shops means any premises for the wholesale or retail sale of commodities and services Establishment means commercial establishment or an establishment for public entertainment or amusement Employer means a person owning or having charge of a establishment and includes an agent or a manager

Definitions- II

Registering Authority means Chief Inspector or any other person appointed in this behalf Person employed means a person employed but does not include owner or relatives of owner Wages means wages as defined in the Payment of Wages Act 1936 Shop-keeper means a person owning or having charge of a shop and includes an agent or a manager

Shall not apply to

Offices of Central or State govt Any railway service, airways service, water transport service, tramways or motor service, public conservancy or sanitation, telegraph and telephone services, undertaking supplying power, light or water Institutions for the treatment of sick, infirm, destitute or mentally unfit Shops or stalls at public fair Stalls or refreshment rooms at railway stations, docks or airports

Exemptions

State Govt may exempt shops or establishments generally or on such occasions in such areas for such period as may be specified in the notification Any class or classes of persons employed in shops or establishments in a managerial capacity, traveller, canvasser, messenger, watchman or caretaker or exclusively in connection with customs examinations

Holidays

Every shop or commercial establishment shall remain closed on and every person employed shall be allowed holiday at least one day and a half day next preceding or following such day No deduction from wages on account of holiday allowed

Hours of Work-Shop

Opening not earlier than 8 a.m. and closing not later than 8 p.m. No person employed shall work more than eight hours and half in a day and forty eight hours in a week or after the hour of closing of such shops No person is allowed to work more than five and half hours at a stretch in a day unless a period of rest of at least one hour has been allowed Working hours and period of rest together should not spread over ten hours and a half in a day

Hours of Work-Establishment

In no hotel or restaurant hours of closing be later than 11 p.m. No person employed shall work more than eight hours and half in a day and forty eight hours in a week or after the hour of closing of such shops No person is allowed to work more than five and half hours at a stretch in a day unless a period of rest of at least one hour has been allowed Working hours and period of rest together should not spread over ten hours and a half in a day

Special provisions-young persons

No young person shall work more than seven hours in a day or more than forty hours in a week Shall not work more than four hours in a day without a rest of at least an hour Benefits available in other acts shall also be enjoyed No child below 12 years is allowed to work

Women workers

No woman worker shall work beyond 6 p.m. in any establishment for public entertainment or amusement other than a cinema or theatre In a shop or establishment beyond 8 p.m

Leave

Privilege leave on full pay for fourteen days for every completed year of continuous service (maximum accumulation of 28 days) Sick leave on half pay for fourteen days on medical certificate (maximum accumulation to 56 days) Casual leave on full pay for ten days (no accumulation allowed) Women are entitled to maternity benefits

Wages for overtime

Shall be calculated at twice the ordinary rate of wages Overtime shall include any work done on a day declared as a national holiday by notification

Payment and recovery of wages

Shall be paid not later than tenth day of the month immediately succeeding in respect of which wages are payable. In case non-payment within the stipulated time and unauthorised deductions, such a person can make an application to the appropriate authority within six months The authority called referee after hearing both parties and making such further enquiry can issue direction to pay back wages in case of non-payment together with compensation not exceeding ten times the amount claimed in case of deductions and not exceeding ten rupees in case of non-payment Aggrieved party may appeal before the appellate authority within thirty days on which the order was made In case of non-compliance of direction, the relevant amount may be recovered by a magistrate so designated

Notice of termination of service

A person who has been in continuous service for not less than one year shall not be terminated without giving one month's notice in writing showing the reasons of such termination The person shall have the right to appeal to such authority and within such period as may be prescribed The decision of the appellate authority shall be final

Registration

Every shopkeeper and employer shall apply within six months of commencement to the registering authority in prescribed form and shall pay prescribed fee The registering authority shall maintain a Register in prescribed form Every shopkeeper and employer shall display the certificate of registration In case of winding up, shopkeeper and employer shall within fifteen days inform the registering authority in prescribed form A shopkeeper or employer shall apply to the registering authority in prescribed form and pay prescribed fee for renewal of the certificate of registration within thirty days after the expiry of three years from the date of issue of registration

Keeping records

Every shopkeeper and employer maintain and keep register of employees in prescribed manner Every shopkeeper and employer shall furnish every person employed with a letter of appointment in such form as may be prescribed

Inspectors

The State Government may appoint inspectors for the purpose of this act All inspectors shall be deemed to be public servants Inspectors may enter and inspect any premise or place to enquire about the provisions of this act Examine any person who is employed in the shop or establishment Seize or take copies of registers, records, documents or notices

Penalty

A fine up to five hundred rupees for the first offence In case of repeat of offence (within two years of first offence), imprisonment up to three months or fine up to one thousand rupees or with both For non-maintenance of records and register and display of notice, imprisonment up to three months or fine up to one thousand rupees or with both

Appointment of Inspectors

Sec 19 (1): State Govt. by notification may appoint inspectors for the purposes of this Act Sec 19 (2): All inspectors appointed shall be deemed to be the pubic servant within the meaning of the Sec 21 of the Indian Penal Court 1860

Supervising inspectors and Chief inspectors

The State Government may appoint inspectors to be Supervising Inspectors to direct and supervise the work of other inspectors One of the inspectors shall be empowered by the State Government to direct and supervise the work of all other inspectors including supervising inspectors and shall be designated as the Chief Inspector

Inspection Structure

Cooperation with the inspectors

All orders, letters, reports and other documents issued by an inspector shall be properly preserved by the shopkeeper/employer for a period of 12 months and shall be made available for examination by the inspector Any demand by an inspector for any information or production of any document relating to the working of the Act shall be complied with by the shopkeeper/employer. If not so available within fifteen days of

Displayed/Not displayed

Registration Certificate in Form B Notice of weekly closure in Form G Notice of weekly holidays in Form H

Records/Registers to be produced

Appointment letter in Form X Attendance register in Form I Pay register in Form M Leave register in Form J Register of Employees in Form W Overtime register in Form U Visit Book