The Bihar Shops and Establishments Rules, 1955

Summary

The Bihar Shops and Commercial Establishments Act, and Rules, are applicable to all the shops and commercial establishments in the whole of the Bihar State.

The Act is enacted for the purpose of protecting the rights of employees. The Act provides regulations of the payment of wages, terms of services, work hours, rest intervals, overtime work, opening and closing hours, closed days, holidays, leaves, maternity leave and benefits, work conditions, rules for employment of children, records maintenance, etc.

Definitions

Establishment means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to any business, trade or profession and includes:

  • administrative or clerical service appertaining to such establishment;
  • a shop, restaurant, residential hotel, eating house, theatre or any place of public amusement or entertainment; and
  • such other establishment as the State Government may, by notification, declare to be an establishment to which the Act applies; but does not include a ‘motor transport undertaking’ as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961.

Shop means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers and includes an office, store-room, godown, warehouse and work place, whether in the same premises or elsewhere, used in connection with such sales or services, but does not include a restaurant, a residential hotel, eating house, theatre or other place of public amusement or entertainment.

Registration

Every employer, within thirty days of the application of these rules to his establishment, make an application in duplicate in Form I to the inspecting officer for registration of the establishment.

The application shall be signed by the employer along with applicable fee as may be prescribed.

If on receipt of this application, the Inspecting Officer is satisfied about the correctness of the statements made in the application, he shall register the establishment in Form II, and issue a certificate in Form III.

Exemptions

The provisions of this Act shall not apply to any precinct or premises of a mine as defined in clause (j) of section 2 of the Mines Act, 1952.

Compliances

References

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