1(1) No establishment shall on any day be opened earlier than 2[8 A.M. and closed later than 2[10 P.M. :
Provided that any customer who was being served or was waiting to be served at such closing hour in any establishment may be served in such establishment during the quarter of an hour immediately following such hour.]
(2) The State Government may, by notification, after the opening or closing hours for different establishments or for different areas or for different periods of the year.
(3) When they are conducted in an establishment two or more trades or business, any or which is of such a character that, if it was sole trade or business, therein conducted, the provisions of this section would not apply to that establishment shall, so far the conduct of that trade or business is concerned, be exempt from the operation of this section.
[For notification regarding changing opening & closing times, see NOTIFICATION in this book.]
1. Subs. by Act 2 of 1975.
2. Subs. for the figures “8 & 9” respectively by Act 25 of 2007.
Secs. 8-10 | Bihar Shops & Establishments Act, 1953 | 17 Comments & Case-law [Restrictions imposing opening and closing hours are not unreasonable. Art. 32 of the Constitution is not attracted. Ramdhan Das v. State of Punjab, AIR 1961 SC 1559: 1961
(2) LLJ 102.
“Open” means opened for carrying out the purposes for which the establishment exits. State v. S. R. Choudhary, 1961 (1) LLJ 673.
“Closed” means closed for customer’s service. D. V Pathak v. Ramchandra, 1961 (2) LLJ 57.
It is essential to establish that the customer’s service was affected even after the prescribed hours to constitute an offence. Mere opening of the doors does not constitute an offence. Puttiah v. State of Mysore, 1961 (2) LLJ 589.
But a restaurant which served refreshment through window to persons standing outside after prescribed hours, held, no offence was committed. Redbridge London Borough Council v. Wests Illford Ltd., 1958 Lab. IC 993 (Q.B.)
The police has not been delegated power under this Act to inspect and institute a case. Accordingly, police official (unless specifically authorised under this Act) cannot enforce the closing hours of the shop or institute a case for such a violation. M/s Benedicts Laboratory v. State of Bihar, 1984 BRLJ 38 : 1984 PLJR 206.]