The West Bengal Shops And Establishments Act, 1963

GOVERNMENT OF WEST BENGAL 
Ben. Act 
XVI of 
1940. 
LEGISLATIVE DEPARTMENT 
West Bengal Act XIII of 1963 
THE WEST BENGAL SHOPS AND ESTABLISHMENTS 
ACT, 1963. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraardinal'y, of the 2nd April, 1963.] 
[2nd April, 1963.] 
An Act to regulate holidays, hours of work, payment of 
wages and leave of persons employed in, shops and 
establishments : 
It is hereby enacted in the Thirteenth Year of the 
Republic of India, by the Legislature of West Bengal, as 
follows:- 
1. (1) This Act may be called the West Bengal Shops short title, 
and Establishments Act, 1963. 	 extent, 
commence- 
(2) It extends to the whole of West Bengal. 	 ment and 
(3) It shall dome into force on such date as the State applica- 
Government may, by notification, appoint. 	 tion. 
(4) It 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 
this behalf. 
2. In this Act, unless there is anything repugnant in Definitions. 
the subject or context,— 
(1) "closed" means not open for the service of any 
customer or for any other purpose whatsoever 
relating to business; 
(2) "commercial establishment" means an advertising, 
commission, forwarding or commercial agency, 
or a clerical department of a factory or of any 
industrial or commercial undertaking, an 
insurance company, joint stock company, bank, 
broker's office or exchange, and includes such 
other class or classes of concerns or undertakings 
as the State Government may, after taking into 
consideration the nature of their work, by noti-
fication, declare to be commercial establishments, 
for the purposes of this Act, but does not include 
a shop or an establishment for public entertain-
ment or amusement; 
2 The West Bengal Shops and Establishments Act, 1963. 
[West Ben. Act 
(Section 2,) 
(3) "day" means a period of twenty-four hours 
beginning at midnight; 
(4) "employer" means a person owning or having 
charge of an establishment and includes an 
agent or a manager of, and any other person 
acting on behalf of, such person in the general 
management or control of such establishment; 
"establishment" means a commercial establishment 
or an establishment for public entertainment or 
amusement ; 
"establishment for public entertainment or amuse-
ment" means a hotel, restaurant, eating-house, 
cafe, cinema, theatre and includes such other 
class or classes of concerns or undertakings as 
the State Government may, after taking into 
consideration the nature of their work, by noti-
fication, declare to be, for the purposes of this 
Act, establishments for public entertainment or 
amusement, but does not include a shop or a 
commercial establishment ; 
(7) "half day" means a continuous period of five 
hours and a half,— 
(i) in the case of a shop or an establishment 
for public entertainment or amusement, 
beginning at the commencement, or ending 
on the termination, of the ordinary daily 
working hours of such shop or establish-
ment, as the case may be, and 
(ii) in the case of a commercial establishment, 
between the hours of half past eight o'clock 
ante meridiem and half past eight o'clock 
post meridfiem,; 
(8) "lock out" and "strike" have the same meaning 
as in the Industrial Disputes Act, 1947; 
(Y) "notification" means a notification published in the 
Official Gazette; 
(10) "person employed" used in relation to a shop or 
an establishment means a person wholly or 
principally employed in. connection with the 
business of the shop or the establishment, but 
does not include an owner of the shop or the 
establishment or the husband, wife, child, father, 
mother, brother or sister of such an owner who 
lives with, and is dependent on, such owner; 
(11) "prescribed" means prescribed by rules made under 
this Act ; 
(12) "registering authority" means the Chief Inspector 
of Shops and Establishments or any other person 
appointed in this behalf by the State Govern-
ment as the registering authority for any area; 
(5)  
(6)  
14 of 1947 
The West Bengal Shops and Establishments Act, 1963. 3 
XIII of 1963.] 
4 of 1936. 
_ 
(Sections 3, 4.) 
(13) "shop" means any premises used wholly or in part 
for th,a sale of services to customers or for the 
wholesale or retail sale of commodities er 
articles, either for cash or on credit, and includes 
any offices, store-rooms, godowns or warehouses, 
whether in the same premises or elsewhere, used 
in connection with such sale or with the storage 
of commodities or articles for the purpose of such 
sale and also includes such other class or classes 
of premises as the State Government may, _ after 
taking into consideration the nature of the work 
carried on there, by notification, declare to be 
shops for the purposes of this Act, but does not 
include an establishment. • 
Explanation.—If any doubt arises as to whether any 
premises are a shop or a commercial establish-
ment or an establishment for public entertain-
ment or amusement, the question shall be 
referred to the State Government by the register-
ing authz3rity, sue motu or on application, and 
the decision of the State Government thereon 
shall be final; 
(14) "shop-keeper" means a person owning or having 
charge of the business of a shop, and includes an 
agent or manager of, and any other person act-
ing on behalf of, such person in the general 
management or control of a shop ; 
(15) "wages" means wages as defined in the Payment of 
Wages Act, 1936 ; 
(16) "week" means a period of seven days beginning at 
midnight on Sunday; and 
(17) "young person" means a person who has completed 
his twelfth year but has not completed his 
fifteenth year. 
3. References to time of day in this Act shall be 
deemed to be references to Indian Standard Time, which is 
five and a half hours ahead of Greenwich mean time. 
4. (1) This Act shall not apply to— 
(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, airways service, water trans-
port service, tramway or motor service, postal, 
'telegraph or telephone service, any system of 
public conservancy or sanitation or any industry, 
business or undertaking which supplies power, 
light or water to the public; 
(c) institutions for the treatment or owe of the sick, 
infirm, destitute or mentally unfit; 
References 
to tine ef 
day. 
Act or 
some of 
its provi-
sions not 
applicable 
to certain 
establish-
merits, 
shops and 
persons. 
4 The West Bengal Shops and Establishments Act, 1963. 
[West Ben. Act 
(Section 5.) 
(d) shops or stalls in any public fair or bazar held for 
a charitable purpose; or 
(e) stalls and refreshment rooms at railway stations, 
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 notifica-
tion, from the operation of any of the provisions of this 
Act other than those of sections 8, 9 and 10— 
(a) any class or classes of shops or establishments either 
generally or on such occasion or occasions, in 
such area or areas and for such period or periods 
as may be specified in the notification; 
(b) any class or classes of persons employed in a shop 
or an establishment,— 
(i) in a managerial or confidential capacity, or 
(ii) as a traveller, canvasser, messenger, watchman 
or care-taker, or 
(iii) exclusively in connection with customs examina-
tion, collection, despatch, delivery or conveyance 
of goods from or to booking offices for trans-
port by rail, road or air, docks, wharves or 
airports. 
Holidays 
in shops 
and estab. 
lishments. 
5. (1) In each week,— 
(a) every shop or commercial establishment shall 
remain entirely closed on, and 
(b) every person employed in a shop or an establishment 
shall be allowed as holiday, 
at least one day and a half day next preceding or next 
following such day. 
(2) No' deduction on account of any holiday allowed 
under sub-section (1) shall be made from the wages of 
any person employed in a shop or an establishment, and 
even if such person is employed on the basis of 'no work, 
no pay',he shall be paid for such holiday the wages which 
he woud have been entitled to had he not been allowed the 
holiday. 
(3) The day and the half day during which a shop or 
an establishment shall be entirely closed in each week 
under clause (a) of sub-section (1) shall, subject to the 
provisions of sub-section (4), be determined from time to 
?time by the shop-keeper or employer, as the case may be, 
and shall be specified by him in a notice, which shall be 
displayed in a conspicuous place in the shop or the 
establishment : 
Provided that the day and the half day so determined 
shall not be altered more than once in any year. 
The West Bengal Shops and Establishments Act, 1963. 5 
Xiii of 1983.] 
(Sections 6, 7.) 
(4) The State Government may, if it thinks fit so to 
do in the public interest, by notification, specify any 
particular area and the day and the half day during which 
all or any class or classes of shops or establishments in such 
area shall be entirely closed under clause (a) of sub-section (1), 
and thereupon the provisions of sub-section (3) shall apply 
to the day and the half day so specified as if they were 
determined under sub-section (3) by the shop-keeper or 
employer of every shop or establishment of such class or 
classes in such area. 
Hours of 
work in 
shops. 
6. (1) In no shop shall the hour of opening be earlier 
than eight o'clock ante meridiem or the hour of closing be 
later than eight o'clock post meridiem: 
Provided that if the State Government or any officer 
empowered in this behalf by the State Government thinks 
fit so to do in the public interest, the State Government or 
such officer may, by notification, change such limits of the 
hours of opening and closing of shops, either generally 
or for any particular area or fix uniform hours of opening 
and closing of all or any class or classes of shops in any 
particular area. 
(2) No person employed in a shop shall be required or 
permitted to work in such shop for more than eight hours 
and a half in any one day or for more than forty-eight 
hours in any one week or after the hour of closing of 
such shop : 
Provided that in any day and in any week in which 
stock-taking, making up accounts or such other business 
operation as may be prescribed takes place in any shop, a 
person employed in the shop may be required or permitted 
to work overtime in such shop so, however, that— 
(i) the total number of hours of his work including 
overtime work shall not exceed ten hours in any 
one day, and 
(ii) the total number of hours worked overtime by him 
shall not exceed one hundred and twenty hours 
in any one year. 
(3) No person employed in a shop shall be required or 
permitted to work in such shop for more than six hours in 
any one day, unless he has been allowed an interval for rest 
of at least one hour. 
(4) The periods of work and intervals for rest of every 
person employed in a shop shall be arranged by the shop-
keeper so that together they do not extend over more than 
ten hours and a half in any one day. 
7. (1) In no hotel, restaurant, eating-house or cafe 
shall the hour of closing be later than eleven o'clock post 
meridiem. 
Hours of 
work in 
establish-
ments. 
Special 
provisions 
for young 
persons. 
6 The West Bengal Shops and Establishments Act, 1963. 
[West Ben. Act 
(Sections 8-10.) 
(2) No person employed in an establishment shall be 
required or permitted to work in such establishment for 
more than eight hours and a half in any one day or for 
more than forty-eight hours in any one week or after 
;the hour of closing of such establishment : 
Provided that a person employed in an establishment 
may be required or permitted to work overtime in such 
'establishment so, however, that— 
(i) the total number of hours of his work including 
overtime work shall not exceed ten hours in any 
one clay, and 
(ii) the total number of hours worked overtime by him 
shall not exceed one hundred and twenty hours 
in any one year.' 
(3) No person employed in an establishment shall be 
required or permitted to work in such establishment for 
more than six hours in any one day unless he has been 
allowed an interval for rest of at least one hour during that 
day. 
(4) The periods of work and intervals for rest of every 
person employed in an establishment shall be arranged by 
the employer of such person so that together they do not 
extend over more than ten hours and a half in any one day. 
8. Notwithstanding anything contained elsewhere in 
this Act,— 
(a) no young person employed in a shop or an establish-
ment shall be required or permitted to work in 
such shop or establishment for more than seven 
hours in any one day or for more than forty 
hours in any one week; and 
(b) the periods of work of young persons in a shop or 
an establishment during each day shall be so 
fixed that no such person shall work for more 
than four hours before he has had an interval 
for rest of at least one hour. 
Restriction 	 9. No child who has not completed the age of twelve on employ. years shall be employed in any shop or establishment. ment of 
children. 
Restric-
tion on 
employ-
ment of 
young 
persons or 
Women. 
10. No young person shall be required or permitted to 
work in any shop or establishment after eight o'clock post 
meridiem and no woman shall be allowed or permitted to 
work 
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,. 
(a) 
The West Bengal Shops and Establishments Act, 1963. 7 
)(in Of 1863.] 
Ben. Act 
VI of 1914. 
(Sections 11-13.) 
11. A person employed in a shop or an establishment 
shall be entitled— 
(a) for every completed year of continuous service, to 
privilege leave on full pay for fourteen days, 
(b) in every year, to sick leave on half pay for fourteen 
days on. medical certificate obtained from a 
medical practitioner registered under the Bengal 
Medical Act, 1914, or any other law for the time 
being in force, 
(c) in every year, to casual leave on full pay for tem 
days, and 
(d.) in the case of women, to maternity leave in accord-
ance with such rules as may be prescribed: 
Provided that— 
privilege leave admissible under clause (a) may 
be accumulated up to a maximum of not more 
than twenty-eight days; 
(ii) sick leave admissible under clause (b) may be 
accumulated up to a maximum of not more 
than fifty-six days; and 
(iii) casual leave admissible under clause (c) shall 
not Be accumulated. 
Explanation.—In calculating any leave due under this 
Act, employment in any shop or establishment before the 
application of this Act shall be taken into account. 
12. Any person employed in a shop or an establishment 
whose services are terminated by or under the orders of the 
shop-keeper or the employer shall be entitled to wages for 
the period of privilege leave due to his credit at the time 
of such termination. 
13. When any person employed in a shop or an 
establishment is required or permitted to work overtime in 
such shop or establishment, the wages payable to such 
person in respect af such overtime work shall be calculated 
at the rate of one and one-half times of the ordinary rate 
of wages payable to him, and such ordinary rate of wages 
shall be calculated in such manner as may be prescribed -: 
Provided that this section shall not operate to the 
prejudice of any higher rate of overtime wages granted 
under any agreement, award, custom or convention. 
Explanation.—For the purpose of this section 'overtime 
work' shall include any work done on any day declared by 
notification by the state Government to be a National 
holiday. 
(i) 
Leave. 
Person 
employed 
to be 
entitled to 
wages for 
the period 
of privilege 
leave in 
case of 
termina-
lion of 
service. 
Wages for 
overtime 
work. 
Payment 
and 
recovery 
of wages. 
8 The West Bengal Shops and Establishments Act, 1963. 
[West Ben. Act 
(Section, 14.) 
14. (1) All wages payable fo a person employed in a 
shop or an establishment shall be paid not later than 
the tenth day of the month immediately succeeding that in 
respect df which such wages are payable. 
(2) Where any deduction has been made from the wages 
of any person employed in a shop or an establishment or any 
payment of wages to such person has not been made within 
the date referred to in sub-section (1), such person may, 
within a period of six months from the date on which the 
deduction from the wages was made or from the date 
referred to in sub-section (1), as (the case may be, make an 
application to such officer or authority as the State Govern-
ment may, by notification, appoint in this behalf, for on 
order under sub-section (3): 
Provided that an application under this section may be 
admitted after the said period of six months if the applicant 
satisfies the officer or authority that he had sufficient cause 
for not makin g  the application within such period. 
(3) The officer or authority to whom or to which an 
application under sub-section (2) is made may, after giving 
the applicant and the shop-keeper or employer concerned an 
opportunity of being heard and after making such further 
inquiry, if any, as may be necessary, by order, direct, 
without prejudice to any other action which may, under 
this Act or any other law, lie against the shop-keeper or 
employer, the payment to the applicant of the amount 
deducted from the wages or of the wages due, together with 
such compensation, not exceeding ten times the amount 
deducted in the former case and not exceeding ten rupees 
in the latter, as the officer or authority may think fit: 
Provided that no direction for the payment of compensa-
tion shall be made in the case of delay in the payment of 
wages if the officer or authority• is satisfied that the delay 
was due to 
(a) a bona fide error or bona fide dispute as to the 
amount payable to the applicant, or 
(b) the occurrence of an emergency, or the existence of 
exceptional circumstances, such that the shop-
keeper or the employer, as the case may be, was 
unable, though exercising reasonable diligence, 
to make prompt payment, or 
the failure of the applicant to apply for or accept 
payment. 
(4) If on hearing any application made under sub-
section (2), the officer or authority is satisfied that it was 
either malicious or vexatious, the officer or authority may, 
by order, direct that a penalty not exceeding fifty rupees be 
paid by the applicant to the shop-keeper or employer 
concerned. 
(c) 
The West Bengal Shops and Establishments Act, 1963. 9 
X111 of 1863.] 
(Section 15.) 
(5) Any amount directed to be paid by an order under 
sub-section (3) or sub-section (4) may be recovered by any 
Magistrate to whom the officer or authority making the order makes application in this behalf as if it were a fine 
imposed by such Magistrate. 
(6) An appeal shall lie from an order of the officer or 
authority dismissing any application made under sub-section (2) or giving any direction under sub-section (3) or sub-section (4), if made within thirty days of the date on 
which the order was made,— 
(a)  where the shop or establishment concerned is 
situated in any area within Calcutta as defined 
in the Calcutta Police Act, 1866, to the Court of 
Small Causes, Calcutta, and 
(b) where it is situated in any other area, to the Munsif 
having jurisdiction over such other area, 
(7) Nothing in this section shall apply to any person to 
4 of 1936. whom the Payment of Wages Act, 1936, applies under 
section 1 of that Act. 
15. (1) No person shall, after completing one year of 
continuous service in any shop or establishment, have his 
services terminated, without sufficient cause, unless he has 
been given one month's notice in writing or has been paid 
one month's wages in lieu of such notice. 
Explanation.—For the purposes of this section and 
section 11— 
Ben. Act 
IV of 
1866. 
Notice of 
termina-
tion 
of services. 
(i)  
14 of 1947. 
continuous service includes any holiday, authorised 
leave or period of any strike which is not illegal 
or of any lock out; 
(ii) in computing a completed year of continuous 
service, section 25B of the Industrial Disputes 
Act, 1947 shall, mutatis mutandis, apply. 
(2) Any person employed in a shop or an establishment, 
whose services have been terminated in contravention of the 
provisions of sub-section (1), may make an application to a 
Presidency Magistrate or a Magistrate of the first class 
alleging such termination. The Magistrate, if satisfied that 
there is a prima facie case showing that the services of the 
applicant have been terminated without sufficient cause, 
shall issue a notice to the person registered for the time 
being as the shop-keeper or the employer under section 16, 
to appear in person or by an agent authorised by such shop-
keeper or employer in writing in this behalf and show cause 
why proceedings shall not be taken against such shop-keeper 
or employer under this section and may, after giving him 
or such agent an opportunity of being heard, and after 
recording the reasons in writing, direct that such shop-
keeper or employer shall pay one month's wages as 
compensation and thereupon such shop-keeper or employer 
shall pay to the applicant the amount of compensation so 
directed to be paid. 
10 The West Bengal Shops arid Establishments Act, 1963. 
[West Ben. Act 
(Section 16.) 
(3) The amount of compensation payable under this sec-
tion shall, for purposes of its recovery, be deemed to be a 
fine imposed under this Act. 
(4) The provisions of sub-sections (2) and (3) shall be 
in addition to, and not in derogation of, the provisions of 
section 21 or any other law for the time being in force and 
nothing in sub-section (2) of section 22 shall be deemed to-
require -any complaint to be made under that, sub-section 
before an application is made under sub-section (2). 
Registra-
tion of 
shops and 
establish-
ments. 
16. (1) Every shop-keeper or employer shall— 
(i) in the case of shops or- establishments in existence 
on the date on which this Act applies--within 
such date as the State Government may, by 
notification, specify, and 
(ii) in the case of new shops or establishments, if this-
Act applies—within such period as may be 
prescribed, • 
apply for registration under this Act to the registerino-
authority, in such form together with such fee, not exceed: 
ing one rupee, as may be prescribed. Every such application 
shall contain— 
(a) the name of the shop-keeper or the employer; 
(b) the postal address of the shop or the establishment; 
(c) the name of the shop or the establishment ; 
-(d) declaration of weekly closing days in the case of 
a shop ; 
(e). such other particulars as may be prescribed. 
The registering authority on being satisfied about the 
correctness of the particulars, shall register the shop or the 
establishment in such manner as may b prescribed and shall 
issue a certificate of registration in the prescribed form to 
the shop-keeper or the eniployer. 
(2) The registering authority shall maintain a Register 
of Shops and Establishments in the prescribed form. 
(3) Every shop-keeper .or employer shall display the 
certificate of registration issued under sub-section (1) in a 
conspicuous place in the shop or the establishment: 
(4) (a) Every shop-keeper or employer shall inform the 
registering authority in the prescribed form of any change 
in respect of any particulars contained in the application 
under sub-section (1) within seven days after the change 
has taken place: 
Provided that the declaration of weekly closing days in 
the case of a shop shall not be changed more than once in 
any year. 
The West Bengal Shops and Establishments Act, 1963. ii 
XIII of 1963.] 
(Sections 17-19.) 
(b) The registering authority, on receipt of such informa-
tion and on payment of such fee, not exceeding one rupee, 
as may be prescribed, shall, if satisfied about the correctness 
of the information, make necessary changes in the Register 
of Shops and Establishments and shall amend the certificate 
.of registration or issue a fresh certificate of registration, if 
necessary, 
(5) A shop-keeper or an employer shall, within fifteen days 
of the winding up of his business, inform the registering 
authority in writing. The registering authority, on being 
satisfied about the correctness of the information, ehall 
remove the name of the shop nr the establishment from the 
Register of Shops and Establishments and cancel the 
-certificate of registration. 
(6) A shop keeper or an employer shall apply to the 
registering pthority in such form together with such fee, 
not exceeding one rupee, as may be prescribed, for renewal 
of the certificate of registration within thirty days after the 
expiry of three years 'from the date of the issue or renewal, 
as the case may be, of the certificate of registration. 
17. (1) In every shop or establishment, the shop-
keeper or employer concerned shall, for the purposes of this 
Act, maintain and keep a register of employees in the 
prescribed form and such other registers, records and 
documents, and display such notices as may be prescribed 
and produce them on demand by the Inspector. 
(2) The register of employees maintained and kept 
under sub-section (1) may, from time to time, be inspected 
and signed by the persons employed in the shop or 
establishment. 
Shop-
keepers 
and 
employers 
to main-
tain and 
keep 
records, 
etc. 
Act XLV 
of 1860. 
18. Every shop-keeper or employer shall furnish 
every person employed in his shop or establishment with a 
letter of appointment in such form as may be prescribed. 
19. (1) The State Government may, by notification, 
appoint such persons or such class of persons as it thinks 
fit to be Inspectors for the purposes of this Act. 
(2) All Inspectors appointed under sub-section (1) shall 
be deemed to be public servants within the meaning of 
section 21 of the Indian Penal Code. 
Persons 
employed 
to be 
furnished 
with letter 
of appoint-
ment. 
Appoint-
ment of 
Inspectors. 
12 The West Bengal Shops anal Establishments Act, 1963- 
[West Bon. Act 
(Sections 20-22.) 
Powers of 	 20. Subject to rules made under this Act, an Inspector 
Inspectors, appointed under section 19 may, within the local limits for 
which he is appointed,— 
enter, at all reasonable hours, with such assistants, 
if any, as he may consider necessary, being 
persons in the service of the Government, any 
premises or place, where he has reason to believe 
there is a shop or an establishment, for inspecting 
any certificate of registration, records, registers, 
documents or notices required to be displayed, 
or maintained and kept under this Act or the 
rules made thereunder and require the production 
thereof for inspection; 
(b) examine any person whom he finds in any such 
premises or place and who, he has reasonable 
cause to believe, is a person employed in the shop 
or the establishment; and 
seize, when so authorised under orders of such 
superior officer as may be prescribed, or take 
copies of such registers, records, documents or 
notices or portions thereof as he may consider 
relevant in respect of an offence under this 
Act which he has reason to believe has been 
committed by the shop-keeper or employer. 
Penalties. 21. (1) Whoever contravenes any of the provisions of 
this Act, shall, on conviction, be punishable with fine 
which may extend to five hundred rupees for the first offence 
and to one thousand rupees for any subsequent offence. 
(2) Whoever makes or causes or allows 'to be made in 
any register, record, document or notice required to be 
maintained and kept or displayed under this Act or the 
rules thereunder any entry which is to his knowledge false 
in any material particular, or wilfully omits or causes or 
allows to be omitted from any such register, record, docu-
ment or notice an entry required to be made therein, shall, 
on conviction, be punishable with imprisonment of either 
description for a term which may extend to three months 
or with fine which may extend to one thousand rupees, or 
with both. 
Procedure. 22. (1) No Court inferior to a Presidency Magistrate 
or a Magistrate of the first class shall try an offence 
punishable under this Act..  
(2) No Court shall take cognizance of an . offence 
punishable under this Act except upon complaint made by 
an Inspector appointed under section 19: 
Provided that such complaint shall, in the case of offences 
punishable under sub-section (2) of section 21, be made 
with the prior approval of the State Government. 
(a) 
(0) 
The West Bengal Shops and Establuhments Act, 1963. 13 
XIII of 1043.) 
(Sections 23-26.) 
23. No suit, prosecution or legal proceeding shall lie 
against any person in respect of anything in good faith done 
or intended to be done under this Act or the rules made thereunder. 
24. Nothing in this Act shall affect any right or 
privilege to which any person employed in any shop or 
establishment is entitled on the date of the commencement 
of this Act 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 this 
Act or granted to him at the time of appointment. 
25. (1) The State Government may, after previous 
publication, make rules for carrying out the purposes of this Act. 
(2) In particular, and without prejudice to the 
generality of the foregoing power, such rules may provide for— 
(a) any matter which may be or is required to be pres-
cribed under this Act; 
(b) the manner of appointment and qualifications of 
Inspectors appointed under section 19. 
(3) Any rule made under this section may provide 
that any person committing a breach thereof 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. 
Indemnity. 
Saving of certain rights and privileges. 
P owe4to make rules. 
Ben. Act XVI of 1940.  
26. The Bengal Shops and Establishments Act, 1940, is Repeal. hereby repealed: 
Provided that any weekly closing days or any working hours fixed under that Act and in force immediately before 
the commencement of this Act, may be continued for a period 
not longer than three months after such repeal. 
WBGP-63/4. 364A-5M 

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