The Bihar Shops and Establishments Act, 1953
The Bihar Shops and Establishments Act, 1953
The Bihar Shops and Establishments Act, 1953 regulates conditions of work and employment in commercial establishments, shops, restaurants, hotels, and places of public entertainment across the state. It applies to employees working in these establishments, excluding family members of employers and factory workers covered under separate factory laws. The law establishes statutory protections regarding maximum working hours, rest intervals, overtime compensation, weekly holidays, and paid leave. It also restricts child labor, regulates night work for women and young persons, and prohibits arbitrary dismissal without notice or fair compensation. This legislation ensures fair treatment, reasonable working hours, and job security for unorganized commercial sector workers.
- 1. Short title, extent and commencement
- 2. Definitions
- 3. Reference to time of day
- 4. Exceptions
- 5. Rights and privileges under other laws, etc. not affected
- 6. Registration of establishments and renewal thereof
- 7. Opening and closing hours of establishments
- 8. Prohibition of sales before opening and after closing hours
- 9. Hours of work in establishments
- 10. Interval for rest
- 11. Spreading of periods of work
- 12. Weekly holidays in establishments
- 12A. Other holidays
- 12B. Every employee to be furnished with service card
- 13. No child to work in an establishment
- 14. Young person and women
- 15. Daily and weekly hours of work for young persons
- 16. Annual leave with wages
- 16A. Other kinds of leave
- 17. Wages during leave period
- 18. Power to increase the amount of leave
- 18A. Power to exempt establishment
- 19. Responsibility for payments of wages
- 20. Fixation of wage period
- 21. Extra pay for overtime
- 22. Payment, when to be made
- 23. Time of payment of wages
- 24. Wages to be paid in current coins or currency notes
- 25. Deductions which may be made from wages
- 26. Notice of the dismissal or discharge
- 27. Notice of termination of employment by employee
- 28. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims
- 28A. Appearance by legal practitioner
- 28B. Power of the State Government to make rules for regulation of business and transfer of case
- 29. Appointment of Inspecting Officer
- 30. Powers and jurisdiction of an Inspecting Officer
- 31. Inspecting Officers to be public servant
- 32. Penalty for obstructing Inspecting Officer, etc.
- 33. Maintenance of registers and records and display of notices
- 34. Penalties
- 35. Penalty whether the employer is a firm or company.
- 36. Cognizance of offences.
- 37. Protection of persons acting under this Act.
- 37A. Presumption.
- 38. Power of Government to suspend provision of this Act during public holidays.
- 39. Workmen’s Compensation Act, 1923 to apply to an employer and an employee to whom this Act applies.
- 39A. Maternity Benefits Act, 1961 (53 of 1961) to apply to establishment and persons to whom this Act applies.
- 40. Power to make rules.
- 41. Weekly Holidays Act, 1942, not to apply to establishment on commencement of this Act.
- SCHEDULE I. Schedule I
PDF: pending for this language.