(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 appointment.
Appointment 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, document 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.