The West Bengal Shops and Establishments Act 1963

Summary

The West Bengal Shops & Commercial Establishment Act, 1963 and Rules, 1964 are applicable to all the shops and commercial establishments in the areas notified by Government of West Bengal.

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

Commercial Establishment means an advertising, commission, forwarding or commercial agency, or a clerical department of a factory or of any industrial or commercial undertaking, an insurance company, joint stock company, bank, broker's office or exchange, and includes such other class or classes of concerns or undertakings as the State Government may, after taking into consideration the nature of their work, by notification, declare to be commercial establishments, for the purposes of this Act, but does not include a shop or an establishment for public entertainment or amusement;

Establishment for public entertainment or amusement" means a hotel, restaurant, eating-house, cafe, cinema, theatre and includes such other class or classes of concerns or undertakings as the State Government may, after taking into consideration the nature of their work, by notification, declare to be, for the purposes of this Act, establishments for public entertainment or amusement, but does not include a shop or a commercial establishment;

Shop means any premises used wholly or in part for th,a sale of services to customers or for the wholesale or retail sale of commodities or articles, either for cash or on credit, and includes any offices, store-rooms, godowns or warehouses, whether in the same premises or elsewhere, used in connection with such sale or with the storage of commodities or articles for the purpose of such sale and also includes such other class or classes of premises as the State Government may, after taking into consideration the nature of the work carried on there, by notification, declare to be shops for the purposes of this Act, but does not include an establishment. •

Registration

Every shop-keeper or employer shall—

  • in the case of shops or- establishments in existence on the date on which this Act applies ithin such date as the State Government may, by notification, specify, and
  • in the case of new shops or establishments, if this Act applies within such period as may be prescribed, apply for registration to the registering uthority, in such form together with such fee, as may be prescribed.

Every such application shall contain—

  • the name of the shop-keeper or the employer;
  • the postal address of the shop or the establishment;
  • the name of the shop or the establishment ;
  • declaration of weekly closing days in the case of a shop ;
  • such other particulars as may be prescribed.

The registering authority on being satisfied about the correctness of the particulars, shall register the shop or the establishment in such manner as may b prescribed and shall issue a certificate of registration in the prescribed form to the shop-keeper or the empoyer.

The registering authority shall maintain a Register of Shops and Establishments in the prescribed form.

Every shop-keeper or employer shall display the certificate of registration in a conspicuous place in the shop or the establishment.

Every shop-keeper or employer shall inform the registering authority in the prescribed form of any change in respect of any particulars contained in the application within seven days after the change has taken place: Provided that the declaration of weekly closing days in the case of a shop shall not be changed more than once in any year. The registering authority, on receipt of such information and on payment of such fee,as may be prescribed, shall, if satisfied about the correctness of the iformation, make necessary changes in the Register of Shops and Establishments and shall amend the certificate of registration or issue a fresh certificate of registration, if necessary.

A shop-keeper or an employer shall, within fifteen days of the winding up of his business, inform the registering authority in writing. The registering authority, on being satisfied about the correctness of the information, shall remove the name of the shop nr the establishment from the Register of Shops and Establishments and cancel the certificate of registration.

A shop keeper or an employer shall apply to the registering pthority in such form together with such fee, not exceeding one rupee, as may be prescribed, for renewal of the certificate of registration within thirty days after the expiry of three years 'from the date of the issue or renewal, as the case may be, of the certificate of registration.

Exemptions

This Act shall not apply to—

  • offices of or under the Central or State Government, the Reserve Bank of India, any railway administration or any local authority;
  • any railway service, airways service, water transport service, tramway or motor service, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry, business or undertaking which supplies power, light or water to the public;
  • institutions for the treatment or owe of the sick, infirm, destitute or mentally unfit;
  • shops or stalls in any public fair or bazar held for a charitable purpose; or
  • stalls and refreshment rooms at railway stations, docks, wharves or airports.

Compliances

References

Notifications

West Bengal State List of Holidays for the year 2024

12 Sep, 2023
The Government of West Bengal has published the State List of Holidays for the year 2024.
Read More →

Paid holiday on account of Bye-Elections in West Bengal

18 Aug, 2023
The Government of West Bengal has declared paid holiday on 05 September 2023 (Tuesday) for the employees who are working in an industrial undertaking or any other establishments on account of bye election at Dhupguri (SC) Assembly Constituency. Therefore, employers of any business, trade, industrial undertaking or any other establishment in all areas pertaining to Constituency, to which elections have been notified, to grant paid holiday on the day of Poll to their workmen.

Certificate of Enlistment through E-District Portal in West Bengal

01 Feb, 2023
The Government of West Bengal has notified that with effect from 02 February 2023 the Certificate of Enlistment (Trade License) can be obtained through the e-District portal instead of the Silpasathi portal.

Paid holiday on account of Bye-Election in West Bengal

02 Jan, 2023
The Government of West Bengal on account of bye-election in the 60 - Sagardighi Assembly Constituency,has declared paid holiday on 27th February 2023 (Monday) for the eligible employees who are working in shops, and commercial and industrial establishments in West Bengal.

West Bengal's single window portal for registration, renewal

27 Dec, 2022
The Government of West Bengal has mandated all applications for registrations and licenses, under various labour legislations, to be made through the State Single Window Silpasathi Portal.

West Bengal State List of Holidays - 2023

21 Oct, 2022
West Bengal Govt. has released its list of Holidays for the year 2023.

Declaration of Paid Holiday on 26 June 2022, West Bengal

16 Jun, 2022
West Bengal Labour Department has published a notification that all shops, commercial and industrial establishments (that has 26 June 2022 as a working day) in the areas in all areas pertaining to Siliguri Mahakuma Parishad in the district of Darjeeling, to which elections have been notified, to grant paid holiday on 26.06.2022 (Sunday).

Declaration of paid holiday for bye-election

04 Apr, 2022
The West Bengal Government has declared 12 April 2022 as a paid holiday on account of bye-election.

Paid Holiday to Workers in West Bengal for Municipal General Elections

17 Feb, 2022
The West Bengal Labour Department has issued a notification for ensuring a public holiday to workers of all business, trade, industrial undertaking or any other shops, commercial establishments on the polling day for the General Elections in the Municipalities situated in West Bengal i.e. on Sunday i.e. 27th February 2022.

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