WEST BENGAL SHOPS AND ESTABLISHMENT ACT,1963

SECTION 4 PROVISIONS NOT APPLICABLE TO CERTAIN ESTABLISHMENTS,SHOPS &PERSONS(1) According to this section, this act shall not apply to the

following:

(a) Offices of or under the Central or State Government, the Reserve Bank of India, any Railway administration, or any local authority.

(b) any railway service, air service, water transport service, tramways or motor service, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry, business or any undertaking which supplies power, light, water to the public.

(c) institutions for the treatment or care for the sick, infirm, destitute or mentally unfit.

(d) shops or stalls in public fair or bazaar held for charitable purpose or;

(e)stalls and refreshment rooms at railway station, docks,wharves or airports.

2. The State Government may, if it thinks fit so to do in the public interest, by notification exempt, subject to such conditions, if any, as may be specified in the notification from the operation of any of the provisions of this Act other than those of (sections 8 & 9).

(a) any class or classes of shops or establishment either generally or on such occasion or occasions, in such area or areas and for such period or periods as may be notified in the notification;

(b)any class or classes of persons employed in a shop or an establishment

(i) in a managerial or confidential capacity

(ii) as a traveller, canvasser, messenger, watch-man or care-taker or

(iii)exclusively in connection with customs examination, collection, despatch, delivery or conveyance of goods from or to booking offices for transport by rail, air or road, docks, wharves or airports.

SECTION 5HOLIDAYS IN SHOPS & ESTABLISHMENTS(1) In each week (a) Every shop or commercial establishment shall remain

entirely closed on and(b) Evry personempployed in a shop or establishement shall be

allowed as holiday,atleast one day and a half day next preceeding or next following such day.

(2)No deduction on account of any holiday allowed under subsection(1) shall be made from the wages of any person employed in a shop or an establishment,and even if such person is empployed on the basis of no work no pay,he shall be paid for such holiday the wages which he would have been entitledto had he not been allowed for the holiday.

(3) The day and the half day during which a shop or establishment shall be entirely closed in each week under clause(a) of subsection (1) shall subject to the provisions of subsection(4) be determined from time to time by the shopkeeper or employer as the case may be,and shall be specifed by him in notice,which shall be displayed in a conspicous place in the shop or establishment :

Provided that the day and a half so determined shall not be altered more than once in a year .

(4) The State Government may if it thinks fir to do so in the public interest, by notification specify any particular area and the day or both the day during which all or any class or classes of shops or establishment in such area shall be entirely closed under clause(a) of sub section(1) and thereupon the day or both the day and half the day as the case may be so specified shall be deemed to have been determined under sub-section(3) by the employer of shop or an establishment and the provisions of the act shall accordingly apply.

SECTION 6 HOURS OF WORK IN SHOPSAccording to this section:(1)In no shop shall the hour of opening be earlier than 8am or the hour

of closing be later than 8pm provided that if the State Government or any officer empowered by the State Govt.thinks fit to do so in the public interest, the State Govt. or such officer by notification, change such limits of the opening and closing of shops either generally or for fix uniform hours of opening and closing of all or any class or classes of shops in a particular area.

(2) No person employed in a shop shall be permitted to work for more than 8 hours and a half in any one day or for more than forty eight hours in any one week or after the closing of such shop:

Provided that in case of stock taking, accounts making or other business operation a person employed in the shop may be permitted to work overtime such that:

(i)The total number of work hours including overtime shall not exceed more than 10hours in any one day

(ii)The total number of hours worked overtime shall not exceed 120hours in any one year.

(3) No person employed in a shop shall be required or permitted to work in such shop for more than five hours and half in any one day, unless he has been allowed an interval for rest of 1 hour.

(4)The period of work and intervals for rest of every person employed in a shop shall be arranged by the shopkeeper so that together they do not extend over more than 10 hours and half in any one day.

EAST INDIA CLINIC LIMITED vs STATE OF WEST BENGAL

Mere fact that snacks bar , chemists shop are being run along with the Nursing Home premises , will not change the major and dominant purpose of the institution. Thus it will come under Section 4(1)(c) of the Act.

M/S HONG KONG vs THE ADDL CHIEF INSPECTOR , SHOPS AND ESTD, GOVT OF WEST BENGALBank automatic teller machines , without

rendering any services by any employees of the Bank , does not mean working days are closed holidays of the bank. There is no violation of the Act.

KULDEEP CHANDRA vs CHIEF INSPECTOR OF SHOPS AND OTHERSAn injunction to observe prescribed opening

and closing hours , cannot be granted but directions are given to the Inspector and also to the Local Police Station to ensure the proper compliance of the law and allow peaceful living of landlord.