In 1954, the President signed the Bihar Shops Establishment Act, 1953, and it went into effect on February 15, 1955. It has been revised three times since it was enacted in 1961, then again in 1963, and then again in 1974. For the benefit of workers in a wide range of workplaces, including retail outlets, restaurants, lodging establishments, movie theatres and other places of public entertainment, the Act is a socially beneficial piece of legislation passed by the State Legislature. This statute primarily protects the interests of workers. The significant provisions include non-registration, non-renewal, establishing a business before authorised hours; shutting it late; exceeding the total hours worked; not keeping a record of employment, and not keeping the necessary employment register, among other things.

Key Terms defined in the Bihar Shops Establishment Act,1953

An office, storeroom, any area used for the storage or distribution of products or services, including a depot, warehousing, or workshop, but not really a cafeteria, a lodging hotel or dining establishment, or any venue for public entertainment or enjoyment, is considered to be a “shop” for purposes of this definition under the Bihar Shops Establishment Act, 1953.

‘Establishment’ refers to an establishment that engages in any kind of commercial activity, trade or profession, as well as either clerical or managerial services related to that activity; at a retail establishment or a location of social enjoyment or recreation; and also in a hotel, residence, restaurant, or another dining establishment, any other establishment that engages in commercial activity, trade, commerce, business or profession. Let us now talk about some provisions of the Bihar Shops Establishment Act,1953.

Registration and Renewal under Bihar Shops and Establishments Act

Under the Bihar Shops Establishment Act, 1953, the Bihar State Government can adopt regulations mandating the certification of establishments, indeed any type of establishments and their renewal and specifying the method and costs due for the purpose of registration and renewal. The hours of operation for local businesses are:

  • On any given day, no institution may open before 8 AM. or shut after 10 PM.
  • In the quarter-hour immediately after closing time, a client who at closing time, whoever is already served or who is waiting to be served may, nonetheless, be served. Various institutions, localities, or times of the year might have different opening and closing times. The Bihar state government has the authority to change these times at any given time. If an institution has two and more businesses, none of which is a single proprietorship, these rules do not apply.
  • No one may do business at any location, whether or not it is a store, earlier or beyond the hours specified in the provisions of Bihar Shops Establishment Act,1953 or another law for the sale of products. There are no restrictions on the sale of newspapers; hence this does not apply. Till 11 p.m., street vendors selling their wares to pedestrians and shoppers alike are allowed to do so.

Adult Employees’ Average Weekly and Daily Workweek Hours

  • As per the Bihar Shops Establishment Act, 1953, it is against the law to demand or allow any adult employee of a business to work more than nine hours a day or to exceed 48 hours in a week in that business. Excluding any time set aside for relaxation or meals, these hours total at least one hour each day.
  • Workers in any business will not be required or permitted to work more than five hours a day without an interval of at least 30 minutes for rest. No one employee can take a break more than once a day throughout their whole shift. Do not forget to go through the objectives of the Bihar Shops Establishment Act,1953, to understand its rules and regulations better. 
  • Every business must be closed on one day of the week, but if that day occurs on the first of the fiscal year, the employer may keep the business open on the weekly holiday. This week’s holiday must be clearly posted at or near the establishment’s main door, and it must be in a clean and readable state at all times. It must also be in Hindi or a language that most of the staff understand. The Inspecting Officer must approve any changes to the scheduled weekly holiday more than once every three months. 

Wages Due During Leave under the Bihar Shops and Establishments Act

The Bihar Shops Establishment Act, 1953 states that the daily average of his total full-time earnings, excluding overtime and the annual bonus, but including attendance, efficiency, and other incentive bonuses, dearness allowance, and the cash equivalent of any benefit accruing from the sale of food grains and other articles at concessional rates for the days he worked in the month preceding his leave, will be paid.

Conclusion

An offence punishable by the Bihar Shops Establishment Act, 1953, regulation, or order must be reported to a court within six months of the date on which it is believed to have been committed by an Inspecting Officer or a person authorised by the state government. The court can recognise an offence even after six months if it is convinced that the complainant was prohibited from making a complaint due to adequate reasons such as yearly leave with earnings, other types of leave and dismissal or discharge notifications. It is illegal for any court lower than that of a first-class magistrate to take cognisance of or trial an offence covered by the Act.