Amendment status not verified — confirm the current text below against the official source.
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.] 1[8. Prohibition of sales before opening and after closing hours. — Save as otherwise provided in this Act, or under any other enactment, no person shall carry on the sale of any goods in any place, whether a shop or not, before the opening or after the closing hours fixed under section 7 : Provided that nothing in this section shall apply to hawkers on footpath or market street upto 11 P.M. Provided that nothing in this section shall apply to the hawking of the newspapers.] l [9. Hours of work in establishments.— No employee in any establishment shall be required or allowed to work in such establishment for more than 9 hours in a day and or more than 48 hours in a week, exclusive of interval allowed for rest or for meals which together shall not be less than one hour in any day : Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed any person, other than a child or a young person, may be allowed or required to work in such establishment for any period in excess of hours fixed under this section subject to payment of overtime wages at the rate fixed in section 21, but the total number of hours of work, including overtime, shall not exceed 10 hours in any day and 54 hours in any week and the aggregate hours of overtime work shall not exceed 150 hours in a year : Provided further that advance intimation of at least 3 days in this respect has been given in the prescribed manner to the Chief Inspector or any other officer authorised by the State Government. ] 1[10. Interval for rest.—No employee in any establishment shall be required or allowed to work in such establishment for more than five hours continuously in any day unless he has had an interval for rest of at least half an hour: Provided that there shall not be more than one such interval for rest during the whole of the working period of any employee on any day.]