WEST BENGAL FACTORIES ACT, 1948

It applies where minimum workmen engaged 10 heads or more and running electric power of 20 heads
without power. It is mandatory to apply for registration with Factory Plan for approval to the Inspector
of Factory.
1 Application for registration
Application for registration and grant or renewal of license and notice of occupation specified in
sections 6 & 7 of the Factories Act, 1948 to be made in form No. ‘2’ along with copies of Trade
License, Memorandum of Article/Partnership Deed, TR 7 challan, NOC of PCB and Fire License
etc.
i) The occupier of the factory shall submit an application in form no. 2 in duplicate for its
registration and grant of license at least 15 days before the occupier begins to occupy or
use any premises of the factory.
ii) Every such application shall be accompanied by Treasury Receipt No. ‘7’ showing
payment of fees specified in schedule ‘A,B & C’ as the case may be under rule ‘4’ of The
West Bengal Factories Rules, 1948 in favour of Chief Inspector of Factories. (Fees to be
calculated on the application by the concern Inspector of Factories)
iii) Any other such particulars as to be required by the chief Inspector of Factories.

2. License for running a Factory

License for running a factory to be obtained in form No. ‘3’ from the Directorate of Factories,
Govt. of West Bengal. (Form will be available on the website ‘banglarmukh)
License fee so determined shall be paid before 31st December every year with return for
renewal to be submitted in form 2 in duplicate every calendar year. Half yearly return to be
submitted by 15th July and Annual Return by 31st December every year
3. General duties of the occupier/occupiers
Every occupier shall ensure health, safety, welfare of all workmen while they are at work at
factory on the following areas:
a) Health – following areas to be covered
Cleanliness, disposal of wastes and effluents, ventilation & temperature, dust & fume,
artificial humidification, overcrowding, lighting, drinking water, latrines and urinals and
spittoons.
b) Safety – following areas to be covered
Fencing of machinery, work on or near machinery in motion, employment of young
persons on dangerous machines, lifting machines, chains, ropes & lifting tackles, and
means of access, excessive weights, protection of eyes, precautions against dangerous
fumes, gases, precautions regarding the use of portable electric light, precautions in
case of fire, safety of buildings and machinery.
c) Leave
Leave policy to be declared and Leave Register to be maintained as per Factory Act.
d) Welfare
Washing facilities, first aid appliances, canteens, shelters, rest room & lunch room,
crèche
*Application form and other details will be available in website ‘banglarmukh’
 THE WEST BENGAL SHOPS AND ESTABLISHMENTS ACT

Registration Process in a nutshell:-

1) Registration of any newly opened shops and establishments had to be done within thirty
days of its commencement and registration to be done with the Chief Inspector of
Labour Directorate.

2) For registration – these are the documents needed

a) Form B in Triplicate
b) Form G in Duplicate
c) Form H in Duplicate
d) Form X in Triplicate (all the forms are available in the banglarmukh.com)
e) T R -7 Challan copy ( For requisite fees )
Fees details :-
Shops Fees for registration and Fees for change
renewal ( in Rs) (in Rs)
No employees 25 10
One to five employees 30 20
Six to twenty employees 40 25
More than twenty employees 100 50

Establishments Fees for registration and Fees for change

renewal ( in Rs) (in Rs)
No employees 25 10
One to five employees 30 20
Six to twenty employees 50 25
More than twenty employees 250 50

f) Trade License copy

g) If a Limited company- a copy of M.O.A.( Memorandum Of Association )
h) List of Directors along with Form 32
i) If a partnership company- a copy of partnership deed
j) If a Non-banking financial company- a certificate from RBI ( Reserve Bank of India)
k) If an insurance based company- a certificate from IRDA( Insurance Regulatory and
Development Authority)

The Registration Certificate has to be renewed after every three years and if any changes in
the said certificate is required to be done, then that has to be amended within seven days.

3. The following to be displayed in office/factory

i) Registration Certificate, ii) Notice of weekly closure, & iii) Notice of weekly holidays.

4. The following records to be maintained:

i) Appointment letter, ii) Attendance Register, iii) Pay register, iv) Register of employees,
v) Overtime register & vi) Visit book
 Employees’ Provident Funds & Miscellaneous
Provisions Act, 1952
1. Applicability of the Act

a). Every Establishment which is a Factory engaged in any industry specified in

Schedule and in which 20 or more persons are employed.
b) Any other establishment employing 20 or more persons or class of such
establishment which the Central Govt. may notify in the Official Gazette.
2. Eligible Employees
The employees become eligible to participate in the fund on his joining the establishment
covered under this Act. Employees drawing pay upto Rs.6500/-p.m. with effect from
01.04.1994 (Pay includes Basic with Dearness Allowance, Retaining Allowance etc.)
only are eligible for participation in the fund. Where the monthly pay of such a member
was earlier less than Rs.6500/- but has now exceeded to Rs.6500/- will also continue to
be a member of this fund. All casual/temporary workmen are to be covered. Registration
and other compliances can be done On-Line and paper work has been reduced and
company should be registered with their respective Regional P.F commissioner.

3. Rate of Contribution

Employee’s Contribution: 12% of the monthly pay

If the number of employees in the establishment are less than 20, rate of contribution
shall be 10%.

4. Time for Payment

Should be deposited within 15th of every following month. Grace period of 5 days in case
of Cheque payment is allowed. No paper returns to be prepared and submitted. No
need to submit forms 5, 10, 12A, 3A, 6A only ECR (Electronic Challan-cum-Return) to
be prepared On Line every month. Follow www.epfindia.gov.in
F.A.Q.
1. If the establishment contributes EPF @ 12% and make cash loss for consecutive
3 years what may be the EPF percentage?
If any organizations continuously make cash loss for consecutive 3 years, the
rate of EPF of the employees may be reduced from 12% to 10% and to that
extent necessary permission is to be taken from PF authority on submission of
relevant documents
2. If an employee attended 58 years of age the deposit in pension fund shall be
continued?
No, after 58 years the entire fund will be deposited in PF Accounts, not in Family
Pension fund.
3. If any employee is engaged in any establishment after his superannuation age of
60 years, whether EPF deposit is mandatory?
EPF deposit is not mandatory after 60 years of service.
 Minimum Wages Act.
An act to provide for fixing minimum rates of wages in certain employment.
Minimum Wages Act, 1948 has authorised the State Government to determine minimum wages for
certain employment specified as Schedule [see section 2(g) & 27 and revised there off] employments
with the object to obviate the chance of exploitation in those employments.
The Govt. May fix minimum rate of wages for time work/for piece work or a guaranteed time rate for
over time rate considering Industrial Dispute Act, 1947. In fixing/revising minimum rates of wages under
this section
a) Minimum rate of wages may be fixed considering different schedule of employment, classes of
work in same schedule employment for adults, adolescent, children and apprentices. Different
locations may also be considered for fixing up the minimum wages.
b) The minimum rate of wages may be fixed by any one or more of the following wage periods, viz.
i) By the hour,
ii) By the day,
iii) By the month,
iv) By such other larger period as may be prescribed.

And where such rates are fixed by the day or by the month, the manner of calculating wages for
a month or for a day, as the case may be indicated.
Provided that where any wages – periods have been fixed under section 4 of the Payment of
Wages Act, 1936.
The minimum wages are fixed by the State Govt. Time to time and uploaded in the website –
“banglarmukh”
All establishments shall follow the minimum wages Act according to the category and location of
the employment.
Notification No. 781-LW/1F-11/06 dated 3rd October, 2007 of
Labour Department, Govt. of West Bengal.

In exercise of the power conferred by sub-section 1 of section 85 of the Factories Act, 1948 (63
of 1948) and in revision of this Department notification 1043-LW dated 24-09-1980, the
Governor is pleased to declare that all the provisions excepting clauses (aa), (b) and (c) of sub-
section (1) of section 6 in chapter-1, section 3, 46,47, 48 49 and 50 in Chapter V and Chapters VI
and VIII of the said Act shall apply to any place in the State of West Bengal, herein the
manufacturing processes specified in the schedule below are carried on without or without the
aid of power or is ordinarily carried on, notwithstanding that
(1) The number of persons employed therein is less than 10, if working with the aid of
power and less than 20 if working without the aid of power, or
(2) The persons working therein are not employed by the owner thereof but are working
with the permission of, or under agreement with, such owner
Provided that the said manufacturing processes are not being carried on by the owner only
with the aid of his family.

Schedule
1. Manufacturing of Rubber and Plastic products.
2. Manufacturing process involving repair of motor vehicles and motor cycles.
3. Manufacturing process using or producing explosive or highly inflammable
articles or substances.
4. Fire works manufacturing and its packaging units.
5. Manufacturing of leather goods.
6. Manufacturing of ice using ammonia as refrigerant.
7. Pesticides of formulation units.
8. Manufacturing, handling & processing of asbestos and its products.

By order of the Governor,

Rabin Kumar Chakraborty,
Dy. Secretary to the Govt. of West Bengal.