WEST BENGAL SHOPS AND ESTABLISHMENTS RULES, 1964

PREAMBLE

In exercise of the powers conferred by sec. 25 of the West Bengal Shops & Establishments Act, 1963 (West Bengal Act XIII of 1963) the Governor is pleased hereby to make, after previous publication as required by sub-section (1) of the said section, the following rules, namely :-

Rule - 1. Short title.-

These rules may be called the West Bengal Shops & Establishments Rules, 1964.

Rule - 2. Definitions.-

In these Rules, unless, there is anything repugnant in the subject or context:

(a)     The 'Act' means the West Bengal Shops & Establishments Act, 1963;

(b)     'Calcutta' has the same meaning as in Calcutta Municipal Act, 1951 (West Bengal Act XXXIII of 1951);

(c)     'Form' means a form appended to these Rules;

(d)     'Government' means the Government of West Bengal;

(e)     'Maternity benefit' means the payment of the sum of money referred to in sub-rule (1) of rule 23 or part thereof;

(f)      'Miscarriage' means expulsion of the contents of a pregnant uterus at any period prior to or during the 26th week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (Act XLV of 1860);

(g)     'Referee' means an officer or authority appointed under sub-section (2) of section 14;

(h)     'Rule' means a rule framed under the Act;

(i)      'Schedule' means a schedule appended to these rules;

(j)      'Section means a section of the Act;

(k)     'Women' used with reference to any shop or establishment means a woman who is a person employed in relation to such shop or establishment.

Rule - 3. Register of shops and establishments.-

The registering authority shall maintain a districtwise register of shops and establishments in Form A. The register of shops and establishments so maintained shall consist of 4 parts as follows:

Part I-Shops;

Part II-Commercial Establishments;

Part III-Residential Hotels, Restaurants, Eating Houses and Cafes; Part IV-Theatres, Cinemas and other places of public entertainment or amusement.

Rule - 4. Application for Registration.-

(1)     In the case of a shop or an establishment, not being a shop or an establishment in existence on the date on which the Act applies, the shop-keeper or the employer, as the case may be, shall apply under sub-sec. (1) of sec. 16 for registration within 30 days from the date on which the shop or the establishment, as the case may be, commences its business.

(2)     An application for registration under sub-section (1) of section 16 shall be made in triplicate in Part I of Form B, which shall be either in print or type and every such application shall be accompanied by the requisite fee specified in Schedule I.

(3)     On receipt of an application accompanied by the requisite fee under sub-rule (2), the registering authority shall, on being satisfied about the correctness of the particulars furnished in the application, register the shop or the establishment, as the case may be, in the appropriate part of the register of shops and establishments referred to in rule 3 and issue a certificate of registration in Part II of Form B.

Rule - 5. Notice of change.-

A notice of change under sub-section (4) of sec. 16 shall be in Form C and every such notice shall be accompanied by the current registration certificate together with the requisite fees specified in Schedule II.

Rule - 6. Renewal of registration certificate.-

(1)     An application of renewal under sub-section (6) of section 16 shall be in Form D and shall be accompanied by the existing registration certificate together with such fees as are required for an application under rule 4.

(2)     On receipt of an application for renewal of a registration certificate and the necessary fee under sub-rule (1), registering authority shall, on being satisfied about the correctness of the information furnished, make necessary entries in the appropriate part of the register of shops & establishments and the registration certificate and return the registration certificate to the applicant:

Provided that if the registering authority so thinks fit he may issue a new registration certificate, instead of renewing the existing certificate by making alteration therein.

Rule - 7. Notice of winding up.-

Notice of winding up of the business of a shop or an establishment shall be in Form E and shall be accompanied by the registration certificate.

Explanation.-Every case where a shop or an establishment is closed for a continuous period of six months or more shall be treated for the purposes of this Rule as a case of winding up.

Rule - 8. Loss of registration certificate.-

If any registration certificate issued under sub-rule (3) of rule 4 is lost, destroyed, or defaced, the shopkeeper or the employer, as the case may be, concerned shall forthwith report the matter to the registering authority who issued the certificate and make an application in Form F accompanied by the requisite fees specified in Schedule I for the issue of a duplicate certificate, and the registering authority shall thereupon issue a duplicate registration certificate duly stamped "duplicate" in red ink.

Rule - 9. Transfer of registration certificate.-

(1)     A registration certificate issued under these rules shall not be transferable, and if ownership of any shop or establishment is transferred the shop-keeper or the employer, as the case may be, shall within 15 days of such transfer, notify the fact of transfer and surrender the certificate of registration to the registering authority and shall submit to the registering authority a statement signed by himself specifying the name and address of the transferee.

(2)     The registering authority, on being satisfied about the correctness of the information relating to transfer, shall cancel the certificate of registration and amend the register of shops and establishments accordingly.

(3)     The transferee shall apply for new registration certificate as provided in rule 4 within 30 days from the date of transfer.

Rule - 10. Enquiry for registration renewal etc., and payment of fees.-

(1)     The registering authority may, for the purpose of satisfying himself about the correctness of any information furnished in any application or notice, hold such enquiry as he deems necessary for his satisfaction in such manner as he considers fit.

(2)     [1][All fees payable under this Chapter shall be paid into the Local Treasury under the appropriate Head of Account through Treasury Challan.]

Head of Account: 0230-00-800, Other Receipts, 009-Fees for Registration of Shops & Establishments, 27-Other Receipts i.e. "0230-00-800-009-27".

Rule - 11. Notice of weekly closure.-

(1)     The notice required to be displayed in shops and commercial establishments under sub-section (3) of sec. 5 shall be in form G.

(2)     A copy of the notice and all changes in such notice shall be sent immediately-

(a)     where the shop or establishment concerned is situated in any area within Calcutta, to the Chief Inspector, and

(b)     Where it is situated in any other area, to the Inspector having jurisdiction over such other area.

Rule - 12. Notice of weekly holidays.-

(1)     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.

(2)     The notice under sub-rule (1) shall be so displayed before cessation of work by the employees affected thereby on the Saturday immediately preceding the first week in which the notice is to have effect.

(3)     A copy of the notice referred to in sub-rule (1) shall be sent immediately-

(a)     where the shop or establishment concerned is situated in any area within Calcutta, to the Chief Inspector, and

(b)     where it is situated in any other area, to the Inspector having jurisdiction over such other area.

Rule - 13. Register of hours of work and rest intervals.-

(1)     A shop-keeper or an employer shall maintain a register [2][either in Form I or in Form I (1) as the shop-keeper or employer may choose] showing the daily hours of actual work and hours of rest against the name of each employee and also the hours of opening and closing of such shop or establishment, as the case may be.

(2)     The entries in such register shall be made in course of the day to which it relates.

Rule - 14. Application for privilege leave.-

Any person employed in a shop or an establishment desiring to avail of any privilege leave which is due to his credit under the Act, shall make an application in writing for the purpose to the shop-keeper or the employer, as the case may be, at least ten days prior to the date of intended commencement of such leave and the shop-keeper or the employer, as the case may be, shall issue orders on the application within a week of its submission :

Provided that the shop-keeper or the employer, as the case may be, may, if satisfied that the leave is required for urgent matters, waive the period of ten days' notice ordinarily required and pass orders accordingly.

Rule - 15. Casual leave.-

Ordinarily, casual leave of absence shall not be admissible for more than 3 days at a time, except in cases of sickness, and previous permission in writing of the shop-keeper or the employer, as the case may be, shall be obtained before such leave is availed of:

Provided that when it is not possible to obtain such previous permission, the shop-keeper or the employer, as the case may be, shall, as soon as may be practicable, be informed in writing of the absence from duty and the probable duration of such absence with reasons therefor.

Rule - 16. Sick leave.-

Grant or extension of sick leave, if due, shall not be refused when prayed for in writing by or on behalf of a person employed on production of a certificate from a registered medical practitioner:

Provided that the shop-keeper or the employer concerned may if he so thinks fit and undertakes to defray the cost involved, require the person employed to be examined by another registered medical practitioner nominated by him, and if the person employed refuses to submit to such examination or is certified on such examination to be fit for duty, the shop-keeper or the employer concerned may refuse the leave or extension thereof, as the case may be.

Rule - 17. Leave pass.-

(1)     If any leave, other than casual leave, asked for is granted, a leave pass, showing the nature and period of leave granted shall be issued to the applicant.

(2)     Every person employed praying for leave referred to in sub-rule (1) shall intimate to the shop-keeper or the employer concerned his address, during the period of leave and if there Is any change of the address, the shop-keeper or the employer, as the case may be, shall be informed within three days of such change.

Rule - 18. Refusal of leave.-

(1)     Leave due and prayed for shall not ordinarily be refused and no part of the privilege leave earned by a person employed in a shop or an establishment shall be allowed to lapse by the refusal of the shopkeeper or the employer, as the case may be, to grant such leave:

Provided that the shop-keeper or the employer, as the case may be, may regulate the grant of privilege leave, according to convenience of work of the shop or the establishment concerned) to, however that such leave shall be granted-

(a)     if the employee concerned intends to avail of the leave and does not want to accumulate it, within the first 12 months, or

(b)     in other cases, within the first 18 months following the 12 months during which leave has been earned.

(2)     If the whole or any part of the leave prayed for is refused or postponed, the fact of such refusal or postponement and the reasons thereof shall be recorded in a register to be maintained by the shop-keeper or employer in Form J and if the employee concerned so desires, a certified copy of such entry in the register shall be supplied to him by the shop-keeper or the employer, as the case may be.

Rule - 19. Extension of leave.-

If a person employed, after proceeding on leave, desires an extension thereof, he shall apply in writing to the shop-keeper or the employer concerned and the shop-keeper or the employer, as the case may be, shall send a written reply either granting or refusing the extension of leave prayed for to the applicant at the address given by him under rule 17 before proceeding on leave.

Rule - 20. Unauthorised absence.-

(1)     If a person employed remains absent without leave or beyond the period of leave originally granted or subsequently extended, shop-keeper or the employer, as the case may be, shall, before taking any disciplinary action against the absentee, issue a notice requiring him to explain in writing the reasons of his absence within 15 days of the date of issue of the notice.

(2)     (i) If on receipt of the notice referred to in sub-rule (1), the absentee explains the reasons of his absence to the shop-keeper, or employer, as the case may be, the latter may, if the explanation is found satisfactory, regularise the period of unauthorised absence by grant of such leave as may be due to the person employed, and treat the remaining period of absence, if any, as absence without wages.

(ii) If the explanation given by the person employed is considered not satisfactory by the shop-keeper or employer, as the case may be, the latter may either treat the period of unauthorised absence of the person employed as absence without wages even though leave with wages may be due to him, or terminate his lien on his appointment, depending on the gravity of the case.

(iii) If the person employed does not submit any explanation to the shopkeeper or employer, as the case may be, within the time limit given in the notice referred to in sub-rule (1), the latter may terminate the lien of the person employed on his appointment forthwith.

(3)     The notice referred to in sub-rule (1) shall be served by registered post to the address given under rule 17, or in its absence, to the address last given by the person employed to the shop-keeper or the employer, as the case may be.

Rule - 21. Leave register.-

Every shop-keeper and 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.

Rule - 22. Prohibition of employment of pregnant woman during certain periods.-

(1)     No shop-keeper of employer shall knowingly employ any woman, and no woman employed in a shop or establishment shall work there, during the six weeks immediately following the day on which she is delivered of a child or has a miscarriage.

(2)     Without prejudice to the provisions of rule 24, no pregnant woman shall be required by the shop-keeper or employer concerned to do during the period specified in sub-rule (3) any work which is of an arduous nature or which involves long hours of standing, or which in anyway is likely to interfere with the pregnancy or the normal development of the foetus, or is likely to cause miscarriage or otherwise to adversely affect her health.

(3)     The period referred to in sub-rule (2) shall be-

(a)     the period of one months immediately preceding the period of six weeks, before the date of her expected delivery;

(b)     any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under rule 24.

Rule - 23. Maternity benefit.-

(1)     Subject to the provisions of these rules, every woman shall be entitled to, and the shop-keeper or the employer, as the case may be, 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 a also for a period of six weeks immediately following that day.

Explanation.-For the purpose of this sub-rule, average daily wages of any woman means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher.

(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.

Explanation.-For the purpose of calculating under this sub-rule the days on which a woman has actually worked in the shop or establishment concerned, the days for which she has been laid off within the meaning of clause (kkk) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947), during the period of 12 months immediately preceding the date of her expected delivery shall be taken into account.

(3)     The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day on which she is delivered of a child and six weeks immediately following that day:

Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death :

Provided further that where a woman, having been delivered of a child, dies during delivery or during the period of six weeks immediately following the date of delivery, leaving behind in either case the child, the shop-keeper or the employer, as the case may be, shall be liable for maternity benefit for the entire period of six weeks immediately following the day of delivery but if the child also dies during the said period, for the days up to and including the day of the death of the child.

Rule - 24. Notice of claim for maternity benefit and payment thereof.-

(1)     Any woman employed in a shop or an establishment and entitled to maternity benefit under the provisions of these rules may give notice to the shop-keeper or the employer, as the case may be, in Form K stating that her maternity benefit may be paid to her or to such person as she may nominate in the notice and that she will not work or has not worked in any shop or establishment during the period for which she will receive maternity benefit.

(2)     Such notice shall state the date from which the woman concerned will be or, as the case may be, has been absent from work, not being a date earlier than six weeks from the date on which she expects to be or, as the case may be, has been delivered of a child.

(3)     On receipt of the notice, the shop-keeper or the employer, as the case may be, shall allow such woman leave of absence from the shop or the establishment until the expiry of six weeks after the day of her delivery:

Provided that the shop-keeper or employer may, if he so thinks fit and undertakes to defray the cost, require the woman to be examined by a qualified medical practitioner or midwife, and if the woman refuses to submit to such examination or is certified by the medical practitioner or midwife, as the case may be, on such examination that she is not pregnant or is not likely to be or, as the case may be, has not been delivered of a child as stated in the notice, he may refuse the leave or modify the period thereof:

Provided further that such examination shall, if the woman so desires, be carried out by a female.

(4)     The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the shop-keeper or the employer, as the case may be, to the woman or her nominee and the amount due for the subsequent period shall be paid by the shop-keeper or the employer, as the case may be, to the woman or her nominee on production of a certificate in Form L from a qualified medical practitioner or mid-wife specifying the date on which the woman was delivered of a child.

(5)     The failure to give notice under this rule shall not disentitle a woman to maternity benefit is she is otherwise entitled to such benefit and in any such case an Inspector appointed under section 19 may, after necessary enquiries made either of his own motion or on an application made to him by the woman, direct the payment of such benefit.

Rule - 25. Payment of maternity benefit in case of death of woman.-

If a woman entitled to maternity benefit dies before receiving such benefit or where the shop-keeper or the employer, as the case may be, is liable for maternity benefit under the second proviso to sub-rule (3) of rule 23, the employer shall pay such benefit to the person nominated by the woman in the notice given under rule 24 and in case there is no such nominee, to her legal representative.

Rule - 26. Leave for miscarriage.-

In case of miscarriage, a woman shall, on production of a certificate from a qualified medical practitioner or mid-wife be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the date of her miscarriage.

Rule - 27. Leave of absence during pregnancy.-

The absence of a woman during the period she is entitled to maternity benefit under these rules or due to illness certified by a registered medical practitioner as arises out of pregnancy or confinement shall be treated as authorised absence on leave.

Rule - 28. Dismissal during absence for pregnancy.-

(1)     When a woman absents herself from work in accordance with the provisions of these rules, it shall be unlawful for the shop-keeper or the employer as the case may be, employing her to discharge or dismiss her during or on account of such absence or to give her such notice of discharge or dismissal as will expire during such absence, or to vary any of the conditions of her service to her disadvantage.

(2)     (a) Discharge or dismissal of a woman at any time during her pregnancy, except by order in writing communicated to her and on grounds of gross misconduct, shall not have the effect of depriving her of any maternity benefit if, but for such discharge or dismissal, she would have been entitled to such benefit.

(b) Any woman deprived of maternity benefit may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal to the officer or authority appointed under sub-section (2) of section 14 within whose jurisdiction the shop or the establishment, as the case may be, is situated, and the decision of such officer or authority on such appeal, as to whether the woman should, or should not be deprived of maternity benefit, shall be final.

(3)     Nothing contained in this sub-rule shall affect the provisions of sub-rule (1).

Rule - 29. Recovery of maternity benefit.-

In any case where maternity benefit is withheld by a shop-keeper or an employer the provisions of section 14 and the corresponding provisions in these rules relating to recovery of wages shall mutatis mutandis apply to the recovery of such maternity benefit.

Rule - 30. Pay register.-

Every shop-keeper and every employer shall maintain a pay register in Form M and all entries therein relating to payment shall be certified by the shop-keeper or the employer, as the case may be, in the presence of two witnesses as specified in such form.

Rule - 31. Application for recovery of wages.-

(1)     An application under subsection (2) of section 14 shall be made in duplicate in Form N and shall be accompanied by a fee at the rate of 10 paise for every twenty rupees or part thereof claimed in the application as due from a shop-keeper or employer, as the case may be.

(2)     Such fees shall be paid by Court-fee stamps of the requisite value affixed on one of the copies of the application.

Rule - 32. Procedure for dealing with application for recovery of wages.-

(1)     Any Person desiring to act on behalf of any person, employed shall present to the referee a brief written statement explaining his interest in the matter and praying for permission so to act and the referee shall record thereon an order specifying in the case of a refusal to grant permission prayed for, the reasons for the refusal.

(2)     Applications under rule 31 other documents relevant to such applications shall be presented in person to the referee at any time during hours to be fixed by the referee or shall be sent to the referee by registered post, and the referee shall at once endorse or cause to be endorsed on each such application or other document the date of presentation or receipt thereof, as the case may be.

(3)     On receipt of an application under rule 31, the referee shall, by issuing a notice in Form O call upon the applicant as well as the shop-keeper or the employer, as the case may be, to appear before him on a specified date not being earlier than fourteen days after date of service of the notice together with all relevant documents and witnesses, if any.

(4)     If the shop-keeper or the employer, as the case may be, fails to appear on the specified date the referee may proceed to hear and determine the application ex parte.

(5)     If the applicant fails to appear on the specified date, the referee may dismiss the application:

Provided that an order under sub-rule (4) or sub-rule (5) may, on good cause being shown within one month of the date of the said order, be set aside and the application reheard after giving not less than fourteen days' notice to the opposite party of the date fixed for the rehearing of the application.

Rule - 33. Maintenance of records of cases by the referee.-

(1)     The referee shall record the particulars of each case in Form P and at the time of passing orders shall sign and date the particulars so recorded.

(2)     The referee shall while passing orders in each case also record the substance of the evidence adduced in the case as an Appendix to the order.

(3)     Any record, other than a record or any order or direction, which is required by these rules to be signed by the referee, may be signed on behalf of and under the direction of the referee by any subordinate officer appointed in writing for this purpose by the referee.

Rule - 34. Copies of records and documents.-

(1)     Any person employed in a shop, or an establishment or any shop-keeper or employer, or a representative of such person employed, shop-keeper or employer, shall be entitled to inspect any application, memorandum of appeal, or any other document filed with the referee in a case to which such person employed, shop-keeper or employer is a party, and may obtain copies thereof on payment of the requisite fees specified in this behalf in Schedule III.

(2)     An application for any copy referred to in sub-rule (1) shall be in Form Q and shall be presented in person to the referee during the hours fixed for the purpose by the referee or shall be sent to the referee by registered post and shall be accompanied by a fee of fifteen paise which shall be paid in Court-fee stamps affixed on the application.

(3)     All copies shall be prepared on folios, and if it be not possible at once to inform the applicant what Court-fee stamps and folios will be required in respect of the copies applied for, the requisite information shall be communicated to the applicant as soon as may be possible thereafter but not later than -seven days from the date on which the application is received by noting on the counterfoil portion of the application.

(4)     In the case of certified copies the Court-fee chargeable under the Court-fees Act, 1870 (VII of 1870), shall be levied by affixing the necessary stamp to the first folio of the copy.

(5)     On receipt of the information referred to in sub-rule (3) the applicant shall present the requisite folios and Court-fee stamps to the referee along with the counterfoil of his original application on which receipt of the Court-fee stamps and folios filed shall be acknowledged and the date on which the copy will be ready for delivery noted. The counterfoil shall then be returned to the applicant.

(6)     If the requisite folios and Court-fee stamps are not filed within seven days from the date on which the information referred to in sub-rule (3) is communicated to the applicant, the application shall be liable to be struck off and an application so struck off shall not be revived but, in such case, a fresh application may be made.

(7)     Urgent copies shall ordinarily be ready for delivery on the day following the date of payment of the urgent fees specified in this behalf in Schedule. Ill and other requisites.

Rule - 35. Register of application for copies.-

Application for copies shall be numbered consecutively and entered in a register maintained for the purpose in Form R.

Rule - 36. Register of Court-fees.-

(1)     A Court-fee register shall be maintained in Form S by the referee.

(2)     Court-fee stamps shall be cancelled by punching in the manner laid down in section 30 of the Court-fees Act, 1870 (VII of 1870).

Rule - 37. Overtime.-

(1)     Every person employed in a shop may be required to work overtime to cope with sudden spurt of business transactions during the period and occasions specified below:

(i)      Occasion and period

(ii)     Durga Puja-a period not exceeding 28 days ending on the day of Navami Puja.

(iii)    Dewali-a period not exceeding 7 days ending on the day of Dewali.

(iv)    X'mas-a period not exceeding 7 days ending on 25th December.

(v)     Id-ul-Fitr-a period not exceeding 7 days ending on the day of Id.

(vi)    Such other occasions as the State Government may, after taking into consideration their nature and importance, specify in this behalf by notification-such period as may be specified in the notification.

Rule - 38. Notice of overtime.-

A shop-keeper or an employer shall give notice in Form T of his intention to require a person employed to work overtime on any day at least 24 hours before such day-(a) where the shop or establishment concerned is situated within Calcutta, to the Chief Inspector, and (b) where it is situated in any other area, to the Inspector having jurisdiction over such other area: Provided that if owing to urgency of business, it is not possible for the employer in any establishment to give such advance notice, the employer shall post the notice within 24 hours of the completion of overtime work by the person employed concerned.

Rule - 39. Calculation of ordinary rate of wages of overtime.-

For the purpose of section 13 the ordinary rate of wages shall be calculated in the manner specified in Schedule IV.

Rule - 40. Register of overtime.-

Every shop-keeper and every employer shall maintain a register in Form U showing the overtime work done in every month by each person employed.

Rule - 41. Duties of Inspectors.-

(1)     The duties of an Inspector appointed under section 19 shall be, generally, to make such inspection as may appear to him to be necessary for satisfying himself that the provisions of the Act and these rules and of any orders issued by Government under the Act are duly observed and, in particular, for ascertaining whether, within the local area of which he is appointed-

(i)      shops and establishments are duly registered under the Act;

(ii)     the registers, records and notices required to be maintained and displayed under the Act or these rules are properly maintained and

(2)     displayed;

(i)      the intervals of rest and holidays required to be granted under the Act are granted and the limits of hours of work and spreadover laid down under the Act are duly observed;

(ii)     shops and establishments are closed in every week on days notified under sub-section (3) or sub-section (4) of section 5;

(iii)    the provisions of the Act and of orders issued by Government or any officer empowered under the proviso to sub-section (1) of section 6 regarding the opening and closing hours are duly observed;

(iv)    the provisions of the Act and these rules regarding leave and maternity benefit are duly observed;

(v)     every person employed in a shop or an establishment is furnished with a letter of appointment; (viii) the provisions of the Act and these rules regarding payment of wages

(3)     and payment for overtime work are duly observed;

(i)      any woman is not required or permitted to work-

(a)     in any establishment for public entertainment or amusement other than a cinema or a theatre, after six o'clock post meridiem, or

(b)     in any shop or commercial establishment, after eight o'clock post meridiem.

(ii)         any young person is not required or permitted to work in any shop or establishment after eight o'clock post meridiem;

(iii)    any child who has not completed the age of twelve years is employed in any shop or establishment.

(4)     For the purpose of making such inspection, the Inspector may interrogate such persons as the may deem necessary, at any premises or place where, he has reason to believe, there is a shop or an establishment, provided that no such person shall be required under this rule to answer any question the answer to which might tend to incriminate him.

(5)     An Inspector shall inspect every shop and every establishment within the local area for which he is appointed at least once in every three months.

Rule - 42. Submission of diary by Inspector.-

Every Inspector shall keep a file of the records of his inspections and maintain a diary in Form V in respect of the work done by him every month and shall submit to the officer to whom he is subordinate by the 15th day of every month such diary showing the work done in the preceding month. A copy of the said diary shall also be retained by the Inspector.

Rule - 43. Ascertainment of age of employees.-

In respect of any person employed in any shop or establishment the Inspector having jurisdiction may require the shop-keeper or employer concerned to produce, at his own cost within such time not less than fifteen days from the date of requisition as the Inspector may allow, one of the following documents showing the age of such person, namely:

(1)     A certified copy of an extract from the records of any school;

(2)     A certified copy of an extract from the Birth Register of a local authority.

Rule - 44. Disqualifications of an Inspector.-

No person shall be appointed or having been appointed, continue to hold office, as an Inspector under the Act, if he has or acquired directly or indirectly by himself or by any partner any share or interest in any shop or establishment in the area for which he is to be or has been appointed:

Provided that nothing in this rule shall apply,-

(i)      to any person who has been permitted by the authority competent to appoint him as an Inspector to hold or acquire directly or indirectly by himself or in the name of any member of his family living with him or dependent on him, any share or interest in any registered Cooperative Bank or Co-operative Society or any public limited company, or

(ii)     to any person who acquires by inheritance any share or interest in any firm or business but who is not a working partner therein.

Rule - 45. Supervising Inspectors and Chief Inspector.-

(1)     The State Government may appoint an Inspector to be a Supervising Inspector and empower him to direct and supervise the work of any other Inspector or Inspectors.

(2)     One of the Inspectors shall be empowered by the State Government to direct and supervise the work of all other Inspectors including Supervising Inspectors, and shall be designated as the Chief Inspector.

(3)     The Chief Inspector may call for such information from shops and establishments as may be necessary for the efficient administration of the Act and these Rules.

Rule - 46. Method of Inspection.-

(1)     In conducting any inspection, the Inspector shall not, as far as possible, cause any suspension of business.

(2)     No inspection shall be held in any shop or establishment- (a) during any day or half day specified in a notice under sub-section (3)of section 5 as the day or half day during which the shop or establishment shall be entirely closed in each week, or (b) during any period or periods for which the shop or establishment may be exempted by notification under clause (a) of sub-section (2) of section 4 from the provisions of the Act on any specified occasion or occasions: Provided that notwithstanding anything hereinbefore mentioned an inspection may be held,-

(a)     to ascertain the position if any shop or establishment is found open on any of the days of weekly closure notified in respect thereof, or

(b)     to ensure that all those provisions of the Act from which the shop or the establishment, as the case may be, has not been exempted are duly observed.

(3)     If the Inspector during his inspection of any shop or establishment finds any deviation from the forms prescribed in these rules or any other defect in the matter of maintenance of forms, registers, records and documents to be maintained under these rules he shall pass orders or make recommendations for remedying or removing such deviation from forms or defects in the mainte nance thereof and in such a case, he shall either endorse the same in the visit book maintained by the shop-keeper or employer under rule 48 or he shall send a copy of his inspection notes to the shop or establishment within fourteen days from the days of inspection.

Rule - 47. Method of seizing registers, records, documents or notices.-

(1)     The Chief Inspector referred to in Rule 45 may authorise any Inspector for the purpose of seizing any record, register, document or notice or any portion thereof under clause (c) of section 20.

(2)     An Inspector shall in each case of seizure of records, registers, documents or notices or any portion thereof give a receipt to the shop-keeper or employer, as the case may be.

Rule - 48. Visit book.-

(1)     Every shop-keeper and every employer shall maintain a visit book in which an Inspector visiting the shop or the establishment, as the case may be, may record his remarks regarding any defects that may come to light at the time of his visit or give direction regarding production of any documents required to be maintained or produced under the provisions of the Act and these rules:

Provided that where the Inspector has no remarks to offer, he shall merely enter the date and time of his visit and sign on the book.

(2)     The visit book shall be a bound book more or less to size 7 inches ? 6 inches containing at least 100 pages, and every second page thereof shall be consecutively numbered and the unnumbered page between each two consecu tively numbered pages shall have a vertical perforated straight line on the margin side at a margin of about 1 inch. Every page shall contain the following heading at the top :

I.        Name of the shop or establishment or alternatively name of the shopkeeper or employer.

II.      Address in full.

III.     Registration Number.

IV.     Date.

V.       Time.

VI.     Signature of the shop-keeper/employer.

(3)     The unnumbered marginally perforated page of the visit book shall be used for making a copy of the Inspector's remarks and shall be taken out by the Inspector.

(4)     In case the visit book containing the remarks passed by an Inspector is lost, destroyed or defaced, the shop-keeper or employer concerned shall forthwith report in writing the loss of the visit book to the Inspector of the area where the shop or establishment, as the case may be, is situated and shall immediately start and maintain a new visit book.

Rule - 49. Co-operation with the Inspector.-

(1)     All orders, letters, reports and other documents issued by an Inspector with respect to the provisions of the Act shall be properly filed and preserved by the shop-keeper or employer concerned for a period of 12 months and shall be made available in the shop or establishment for examination by the Inspector.

(2)     Any demand by an Inspector for any information or production of any document relating to the working of the Act, if made during the course of an Inspection of any shop or establishment, shall be complied with by the shopkeeper or employer concerned forthwith, if the information can be made easily available in the shop or establishment, and if not so available within fifteen days of receipt thereof.

Rule - 50. Appeal from the Inspector's orders or recommendations.-

(1)     A shop-keeper or an employer may, within fifteen days of the date on which an Inspector endorses an order or recommendation under sub-rule (3) of rule 46 in the visit book or of the receipt of the copy of inspection note relating to any order passed or recommendation made by the Inspector, as the case may be, in respect of the shop or establishment concerned, appeal against such order or recommendation to such authority as the Government may appoint in this behalf, or until such authority is appointed, to the Government, and such authority or the Government, as the case may be, may confirm, modify or reverse the order or recommendation appealed against.

(2)     The notice of appeal shall be in the form of a memorandum setting forth concisely the grounds of objection to the order or recommendation against which the appeal is preferred and bearing a Court-fee stamp of fifty paise and shall be accompanied by a copy of the order or recommendation appealed against.

Rule - 51. Penalty.-

Whoever contravenes any of the provisions of these rules, shall, on conviction, be punishable with fine which may extend to one hundred rupees, and where the breach is a continuing one, with a further fine which may extend to twenty-five rupees, for every day, after the first, during which the breach continues.

Rule - 52. Register of employees.-

(1)     Every shop-keeper or employer shall maintain a register of employees in Form W.

(2)     All information in the register of employees shall be kept up-to-date and necessary corrections shall be made within three days from the date on which any change takes place.

Rule - 53. Letter of appointment.-

Every shop-keeper or employer shall furnish all persons employed with letters of appointment in Form X [or in such other form substantially containing the particulars specified in Form X as may be approved by the State Government on an application being made to it in this behalf by a shop-keeper or an employer]-

(i)      in the case of every person who is already in employment in his shop or establishment, as the case may be, within sixty days from the date on which these rules come into operation, and

(ii)     in the case of every person who is employed in his shop or establishment, as the case may be, after these rules come into operation before the person so employed commences work : Provided that it shall not be necessary for a shop-keeper or an employer to issue such letter of appointment to a person who is already in employment and has already been given a letter of appointment substantially containing the particulars specified in Form X.

Rule - 54. Maintenance and preservation of records, registers, notices etc.-

(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.

(2)     All registers, except those in Forms I and J, records and notices relating to any calendar year shall be preserved and made available in the shop or establishment for examination by the Inspector till the end of the next calendar year. Registers in Forms I and J shall be so preserved and made available for examination by the Inspector till the end of the next fourth calendar year.

(3)     Entries relating to any day, week or year in any of the registers shall be made forthwith after the close of such day, week or year, except in so far as otherwise permitted under these rules, and shall be signed by the shopkeeper or employer.

(4)     Where an office, store-room, godown, warehouse, or work place used in connection with the trade or business of a shop is situated at any premises other than the premises of the shop, all registers, records, visit book and notices required to be maintained, exhibited or given under the Act, and these rules shall be separately so maintained, exhibited or given in respect of and at such office, store-room, godown, warehouse or work place.

Rule - 55. Special registers and records.-

(1)     If on an application made by an employer or shop-keeper in writing, the Government is satisfied that any register or record maintained by such employer or shop-keeper given in respect of the persons employed by him the particulars required to be shown in any register or record to be maintained under these rules, the Government may, by order in writing, direct that the registers or record so maintained by the employer or shop-keeper shall notwithstanding that it is not in accordance with the form provided in that behalf in these rules, be deemed to the corresponding extent to be a register or record maintained under these rules.

(2)     Every application under sub-rule (1) shall be accompanied by five copies of Form of the relevant register or record.

Rule - 56. Manner of filing application or notices.-

An application or notice meant for any authority, officer or Inspector appointed under the Act shall be filed either by personal service with receipt during the hours fixed for the purpose by such authority, officer or Inspector or by registered post with acknowledgment due.

Rule - 57. Saving of certain rights and privileges.-

Nothing in these rules shall affect any right or privilege to which any person employed in any shop or establishment is, on the date of the commencement of these rules, entitled under any law for the time being in force or under any contract, custom or usage which is in force on that date, if such right or privilege is more favourable to him than any right or privilege conferred upon him by these rules or granted to him at the time of appointment.

[3][SCHEDULE I

[See Rules 4(2) and 6]

The application for registration or renewal of registration shall be sent to the Registering Authority together with the fees prescribed in this Schedule. Fees are to be paid into the Local Treasury under the appropriate Head of Account through Treasury Challan.

 

[4][SCHEDULE II

[See Rule 5]

The notice of change shall be sent to the Regiserting Authority together with the fees prescribed in this Schedule. Fees are to be paid into the Local Treasury under the appropriate Head of Account through Treasury Challan.

 

SCHEDULE III

[See Rule 34]

The application for copies of documents shall be presented to Officer/ Authority together with the fees prescribed in this Schedule.

Provided that fees payable for each 150 words or part thereof shall not exceed 25 paise.

Notes: (i) Each folio will contain up to 300 words; but when the number of words does not exceed 150, no adhesive stamp of 25 paise need be affixed to it.

(ii) The adhesive Court-fee stamps required for the copies shall be affixed to the folios across the perforated line with the figure heads above the perforated line in such a way that the portion below may clearly show the value of the Court-fee stamps.

Urgent fee (in addition to normal fees)

SCHEDULE IV

[See Rule 39]

Ordinary Rate of Wages Per Hours

Note: If in any shop or establishment the working hours are less than what are prescribed in the Act, the ordinary rate of wages per hour in such shop or establishment shall be determined in the like manner by dividing the daily, weekly and monthly wages by the total number or normal hours of work actually worked per day, week or month, as the case may be, by the persons employed.