West Bengal Shops &

Establishments Act, 1963

An Overview

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

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 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

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 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 we
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 o
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 serv
(maximum accumulation of 28 days)
Sick leave on half pay for fourteen days on medical certificate (maximum accumulation to
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

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 Payment and recovery of wages

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

In case of non-compliance of direction, the relevant amount may be recovered by a magistr

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 th
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 th
registering authority in prescribed form

A shopkeeper or employer shall apply to the registering authority in prescribed form and pa
prescribed fee for renewal of the certificate of registration within thirty days after the expiry
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 o
appointment in such form as may be prescribed

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 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 t
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 thre
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 thre
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 th
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 an

supervise the work of other inspectors

One of the inspectors shall be empowered by the State Government to direct and supervis
the work of all other inspectors including supervising inspectors and shall be designated a
the Chief Inspector

Inspection Structure

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 Cooperation with the inspectors

All orders, letters, reports and other documents issued by an inspector shall be prop
preserved by the shopkeeper/employer for a period of 12 months and shall be made availa
for examination by the inspector

Any demand by an inspector for any information or production of any document relating to
working of the Act shall be complied with by the shopkeeper/employer. If not so availa
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

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