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The provisions of West Bengal Shops & Establishment Act 1963 shall apply to the areas and to the classes of shops and establishments to which the Bengal shops and establishments Act, 1940 applied immediately before the commencement of this Act; and shall also apply to such other areas or to such other classes of shops or establishments as the state Government may, by notification, specify in his behalf.
Various compliances required under West Bengal Shops & Establishments Act, 1963 read with West Bengal Shops and Establishments Rules, 1964 are as under:
1.Shops and Establishment Registration Certificate (Section 16, Rule 3): The employer of the establishment is required to apply for Registration of the Establishment under this act within 30 days from the date of commencement of work in the said establishment. An application for registration shall be made in triplicate in Part I of Form B of the Rules.
2. Holidays in shops and establishments (Section 5(1)): In each week-
(a) every commercial establishment shall remain entirely closed on, and
(b) every person employed in an establishment shall be allowed as holiday, at least one and a half day next preceding or next following such day.
3. Notice of weekly holidays (Section 5, Rule 12): A shop-keeper or an employer shall display in his shop or establishment, as the case may be, a notice in Form H, specifying the days of week on which the persons employed in such shop or establishment shall be allowed full holiday and half holiday, and shall preserve it for one year for inspection.
4. Loss of registration certificate (rule 8): If any registration certificate is lost, destroyed, or defaced, the employer concerned shall forthwith report the matter to the registering authority who issued the certificate and make an application in Form F.
5. Notice regarding any Change in any of the particulars in the Certificate of registration (Section 16(4), Rule 5): Any changes in the certificate of registration shall be submitted in Form C to the registering authority within 7 days after the date the change took place.
6. Restriction of employment of children (Section 9): No child who has not completed the age of fourteen years shall be employed in any establishment.
7. Casual Leave (Section 11(c), Rule 15): A person employed in an establishment shall be entitled in every year, to casual leave on full pay for ten days. Casual leave admissible under the Act shall not be accumulated.
8. Wages for overtime work (Section 13): When any person employed in an establishment is required or permitted to work overtime in such establishment, the wages payable to such person in respect of such over-time shall be calculated at [Twice] the ordinary rate of wages payable to him, and such ordinary rate of wages shall be calculated in such manner as may be prescribed.
9. Leave register (Section 17, Rule 21): Every employer shall maintain a leave register in Form J and every case of application for leave, whether granted or refused, shall be entered in the corresponding part of the register immediately after a decision is taken on the application.
10. Time of payment of wages (Section 14(1)): All wages payable to a person employed in an establishment shall be paid not later than the tenth day of the month immediately succeeding that in respect of which such wages are payable.
11. Notice of termination of service (Section 15): The services of a person employed in any establishment, who has been in continuous service for not less than one year in such establishment, shall not be terminated without giving him one month’s notice, in writing showing the reasons of such termination and until the period of notice has expired or until he has been paid, in lieu of such notice, wages for the period of such notice.
12. Maternity Leave (Section 11(d), Rule 23(1)): Every woman shall be entitled to, and the employer employing her shall be liable for the payment of a sum of money for the benefit of such woman calculated at the rate of her average daily wages, for the period of her actual absence from work during the six weeks immediately preceding the day on which she is delivered of a child including that day and also for a period of six weeks immediately following that day.
13. Entitlement for maternity benefit (Section 11(d), Rule 23(2)): No woman shall be entitled to maternity benefit unless she has actually worked in the shop or the establishment concerned for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.
14. Payment of maternity benefit (Rule 24(4)): The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman or her nominee and the amount due for the subsequent period shall be paid by the employer to the woman or her nominee on production of a certificate in Form L from a qualified medical practitioner or midwife specifying the date on which the woman has delivered of a child.
15. Pay register (Section 17, (Rule 30): Every employer shall maintain a pay register in Form M and all entries therein relating to payment shall be certified by the shopkeeper or the employer, as the case may be, in the presence of two witnesses as specified in such form.
16. Register of overtime (Section 17, Rule 40): Every employer shall maintain a register in Form U showing the overtime work done in every month by each person employed.
17. Register of Employees (Rule 52): Every employer shall maintain a register of employees in Form W.
All information in the register of employees shall be kept up-to-date and necessary correctives shall be made within three days from the date on which any change taken dace.
18. Language in which records, registers, notices, etc. are to be maintained (Rule 54(1)): All registers required to be maintained under these rules shall be in English, Bengali, Hindi or Nepali and all dates entered in a register shall be in accordance with the English calendar. Entries shall be made in ink and shall be legible.
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