Background
The West Bengal Shops and Establishments Act, 1963, along with the West Bengal Shops and Establishments Rules, 1964, was enacted to regulate working conditions, employment rights, holidays, leave, wages, and welfare measures for employees in shops, commercial establishments, and related workplaces in West Bengal. The Act aims to ensure fair working hours, proper documentation, appointment letters, timely payment of wages, protection of employee rights, and compliance with statutory registers and records. It brings uniformity and accountability for both employers and employees in the state’s retail, commercial, and service sectors.
Applicability
The Act applies to:
Employers covered under this Act are required to register their establishments, maintain statutory registers and records (leave, wages, overtime, employee register, etc.), provide appointment letters, ensure working hour restrictions, holidays, maternity benefits, and pay wages on time.
Compliance requirement under the Rule in accordance with the Act
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.
19. Form G: Notice of weekly closure of establishment in West Bengal (Section 5(3), Rule 11)
The employer must determine and notify in Form G the day and half day in a week on which the establishment shall remain closed. This notice must be displayed at a conspicuous place in the establishment, and such closure day cannot be altered more than once a year.
20. Normal Working Hours and Overtime Hours in an Establishment in West Bengal (Section 7)
No hotel, restaurant, or eating house shall close later than 11:00 PM.
No employee shall be required to work for more than 5 hours in a day or 48 hours in a week.
Overtime is permitted, but total working hours (including overtime) must not exceed 10 hours in a day and overtime cannot exceed 120 hours in a year.
21. Transfer of Registration Certificate (Rule 9)
A registration certificate is not transferable. Upon transfer of ownership of an establishment, the employer must:
22. Form E: Notice of Winding up of Business (Section 16(5), Rule 7)
When a business is wound up, the employer must notify the registering authority and employees within 15 days, using Form E. Any closure for more than 6 months is deemed winding up.
23. Register of Hours of Work and Rest Intervals (Rule 13)
The employer must maintain a register in Form I or Form I(1) showing daily hours of work and rest for each employee, along with the establishment’s opening and closing hours.
24. Privilege Leave to Employees (Section 11(a), Rule 14)
Every employee is entitled to 14 days of paid privilege leave for every completed year of service. This leave can be accumulated up to a maximum of 28 days.
25. Sick Leave to Employees (Section 11(a), Rule 16)
Every employee is entitled to 14 days of sick leave on half pay per year, on producing a medical certificate from a registered medical practitioner. Sick leave may be accumulated up to 56 days.
26. Notice by Employer for Unauthorized Absence of employee in West Bengal (Rule 20)
If an employee is absent without leave or beyond sanctioned leave, the employer must issue a notice requiring explanation within 15 days before taking disciplinary action.
27. Form X: Letter of Appointment to Employees in West Bengal (Section 18, Rule 53)
Employers must issue letters of appointment in Form X (or another form approved by the State Government with the same particulars) to all employees before they commence work.
28. Form T: Notice of Overtime by Employer in West Bengal(Rule 38)
An employer must provide notice in Form T at least 24 hours in advance if requiring an employee to work overtime:
29. Reporting the Loss of Visit Book (Rule 48(4))
If the visit book is lost, destroyed, or defaced, the employer must immediately report in writing to the area Inspector and start maintaining a new visit book.
Penalties & Punishments
Conclusion
The West Bengal Shops and Establishments Act, 1963 is a key labour welfare legislation in the state ensuring employee protection and compliance obligations for employers. Adherence to provisions like registration, leave entitlements, wage payments, working hour restrictions, appointment letters, and statutory record-keeping helps employers maintain transparency, avoid disputes, and remain legally compliant. For employees, the Act guarantees basic rights, security of employment, and fair working conditions. Overall, it balances the interests of both employers and employees, creating a structured and lawful working environment in West Bengal’s commercial sector.
Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article.