Witilkata Registered No. WB/SC-247 No. WB(Part-III)/2015/SAR-33 Extraordinary Published by Authority SRAVANA 9] FRIDAY, JULY 31, 2015 [SAKA 1937
PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 1009-L.-31st July, 2015.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXI of 2015 THE WEST BENGAL SHOPS AND ESTABLISHMENTS (AMENDMENT) ACT, 2015. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 31st July, 2015.] An Act to amend the West Bengal Shops and Establishments Act, 1963. WHEREAS it is expedient to amend the West Bengal Shops and Establishments Act, 1963, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Sixty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:— West Ben. Act No. XIII of 1963. Short title and Commencement.
1. (1) This Act may be called the West Bengal Shops and Establishments (Amendment) Act, 2015. 2 THE KOLKATA GAZE I 1E, EXTRAORDINARY, JULY 31, 2015 [PART III Amendment of section 2 of the West Ben. Act No. XIII of 1963. The West Bengal Shops and Establishments (Amendment) Act, 2015. (Section 2.)
(2) It shall come into force at once.
2. In section 2 of the West Bengal Shops and Establishments Act, 1963 (hereinafter referred to as the principal Act),—
(a) for clause (2), the following clause shall be substituted:— "(2) 'commercial establishment' means an advertising, commission, forwarding or commercial agency, or a clerical department of a factory situated outside the premises of the factory or any industrial or commercial undertaking, an insurance company, joint stock company, bank, broker's office or exchange, any clinical establishment as defined in the West Bengal Clinical Establishment (Registration and Regulation) Act, 2010, ceremonial houses that are rented for different ceremonies, computer training centre, multigym, health care services, vocational training centre, tele calling services including Business Process Outsourcing and Knowledge Process Outsourcing, establishments of the cable, dish TV operators, different television and radio channel providers and operators, internet service providers and agents associated therewith, establishments dealing with different electronic media services, establishments dealing with courier services, different training centres, private airlines, water and road transport services and establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession, and includes an establishment of any legal practitioner, medical practitioner, architect, engineer, accountant, tax consultant or any other technical or professional consultant with person employed therein, a society registered under any enactment in force for the time being, charitable or other trust, non- Governmental organizations with person employed therein, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or any work in connection with or ancillary to any business, trade or profession and such other class or classes of concerns or undertakings as the State Government may, after taking into consideration the nature of their work, by notification, declare to be commercial establishments for the purposes of this Act, but does not include a shop or an establishment for public entertainment or amusement;";
(b) for claue (6), the following clause shall be substituted:— "(6) 'establishment for public entertainment or amusement' means a hotel, restaurant, eating house, cafe, cinema, theatre, game parlour, amusement park, water park 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 notification, declare to be for the purposes of this Act, establishment for public entertainment or amusement, but does not include a shop or a commercial establishment;";
(c) for clause (17), the following clause shall be substituted:— "(17) 'young person' means a person who has completed his fourteenth year but has not completed his eighteenth year.". West Ben. Act XXVI of 2010.
PART III] THE KOLKATA GAZE I I h, EXTRAORDINARY, JULY 31, 2015 3 Amendment of section 4. Amendment of section 6. Amendment of section 20. The West Bengal Shops and. Establishments (Amendment) Act, 2015. (Sections 3-9.)
3. For clause (b) of sub-section (1) of section 4 of the principal Act, the following clause shall be substituted:— "(b) any railway service, airways service, water transport service, tramways or motor service, postal, telegraph or telephone services, any system of public conservancy or sanitation or any industry, business or undertaking which supplies power, light or water to the public and those are run by or under the authority of Central or State Government or Public Sector Undertakings.".
4. For sub-section (1) of section 6 of the principal Act, the following sub-section shall be substituted:— "(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 ten 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 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:
Provided further that the transport facility shall be provided to the employees working upto ten O'clock post meridiem.".
5. In section 9 of the principal Act, for the word "twelve", the word "fourteen" shall be substituted.
6. In sub-section (3) of section 14 of the principal Act, for the words "ten rupees", the words "two times of due wages" shall be substituted.
7. In sub-section (1) of section 16 of the principal Act, for the words "together with", the word "and" shall be substituted.
8. For section 17 of the principal Act. the following section shall be substituted:— `•Shopkeeper and 17. (1) In every shop or establishment, the shopkeeper or employer employer to maintain and keep concerned shall, for the purposes of this Act, maintain and keep such records etc. registers, records and documents, and display such notices as may be prescribed and produce them on demand by the inspectors.
(2) Every shopkeeper or employer shall allow the persons employed therein to inspect and get authenticated copy of the part or portion of such registers, records and documents, maintainted and kept under sub-section (1) from time to time as may be prescribed.".
9. For clause (a) of section 20 of the principal Act, the following clause shall be substituted:— "(a) 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 that there is a shop or an establishment, for inspecting any certificate or 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 and supply of authenticated copy or copies thereof for in spection;" . Amendment of section 9. Amendment of section 14. Amendment of section 16. Substitution of new section for section 17. 4 THE KOLKATA GAZE11E, EXTRAORDINARY, JULY 31, 2015 [PART III Amendment of section 21. The West Bengal Shops and Establishments (Amendment) Act, 2015. (Section 10.)
10. In section 21 of the principal Act,—
(a) for sub-section (1), the following sub-section shall be substituted:— "(1) Whoever contravenes any of the provisions of this Act, shall on conviction, be punishable with fine which may extend to two thousand rupees but shall not be less than one hundred rupees for the first offence.";
(b) in sub-section (1A),—
(i) for the word "three", the word "six" shall be substituted;
(ii) for the word "one", the word "five" shall be substituted.
(c) in sub-section (2),—
(i) for the word "three", the word "six" shall be substituted;
(ii) for the word "one", the word "five" shall be substituted. By order of the Governor, MADHUMATI MITRA, Sec) to the Govt. of West Bengal, Law Department. Published by Law Department, Government of West Bengal and Printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700 056. Page 1 Page 2 Page 3 Page 4