The West Bengal Shops and Establishments Act, 1963
The West Bengal Shops and Establishments Act, 1963 and the West Bengal Shops and Establishments Rules, 1964 apply to shops and establishments in the areas of West Bengal notified by the State Government. They set out how an establishment is registered and regulate hours of work, weekly closure and holidays, leave, maternity benefit, overtime and the records an employer must keep.
Key Definitions
- Shop: premises where services are sold, or goods are sold wholesale or retail, for cash or on credit, including the offices, storerooms, godowns and warehouses used for that trade. Establishments for public entertainment or amusement are not shops.
- Commercial establishment: an establishment carrying on advertising, commission, forwarding or commercial agency work; the clerical department of a factory or of an industrial or commercial undertaking; an insurance or joint stock company, bank, broker's office or exchange. Shops and entertainment establishments are excluded.
- Establishment for public entertainment or amusement: hotels, restaurants, eating houses, cafés, cinemas and theatres, other than those that are shops or commercial establishments.
Registration of Establishments
- Existing shops and establishments register within the period the State Government notifies; new ones within the period the Rules prescribe.
- The application (Form B) gives the name of the shopkeeper or employer, the postal address, the name of the shop or establishment, the weekly closing day (for shops) and the other prescribed particulars.
- Once satisfied, the registering authority issues a registration certificate, which must be displayed prominently at the premises. Applications are made online through the West Bengal Shops and Establishments portal.
- Changes are reported (Form C) within 7 days. The weekly closing day cannot be changed more than once a year.
- When a business is wound up, the employer gives written notice (Form E) within 15 days, and the registration is cancelled.
- Registration runs for three years. The renewal application (Form D) is made within 30 days of expiry.
Establishments Not Covered
The Act does not apply to:
- Offices of the Central or State Government, the Reserve Bank of India, railway administrations and local authorities.
- Railway, air, water transport, tramway and motor services; postal, telegraph and telephone services; public conservancy and sanitation; and undertakings supplying power, light or water.
- Establishments for the treatment or care of the sick, infirm, destitute or mentally unfit.
- Stalls at public fairs and bazaars held for charitable purposes.
- Refreshment stalls at railway stations, docks, wharves and airports.
Compliances
- Form A - Register of Shops and Establishments
- Form B - Application for Registration
- Form C - Notice of Change
- Form D - Application for Renewal of Registration
- Form E - Notice of Winding Up of Business
- Form F - Notice of Loss of Registration Certificate
- Form G - Notice of Weekly Closure
- Form H - Notice of Weekly Holidays
- Form I - Register of Daily Hours of Work and Rest Intervals
- Form J - Register of Leave
- Form K - Notice of Claim for Maternity Benefit
- Form L - Delivery Certificate
- Form M - Pay Register
- Form T - Notice of Overtime
- Form U - Register of Overtime Work
- Form V - Diary of Inspector
- Form W - Register of Employees
- Form X - Letter of Appointment
- Form 1 - Register of Daily Hours of Work and Rest Intervals