HM (Proprietor) 03 November 2012

Bombay shop & establishment act - help!

Hello,

I am an IT Consultant providing solutions online to my clients abroad. I was visited by Shop & Establishment officer who told me that I need to be registered with them even though I explained him that I am not selling anything from in here nor does any of my clients visit me. He still insisted that I need to be registered. Last week I received a sumons from the court where the offences charged on me are:

1) Not registered with Shop & Establishment

2) Visit book/register not maintained.

Do I need to be registered with Shop & Establishment Act? If no then what references or reasons can I suggest in the court to counter the offences? I do not have any employees in the company.

If I need to be registered, what would be the penalty for the offences listed above?

Please help as I have not yet found someone who is really knowledgeable about the Bombay Shop & Establishment Act due to which there is lack of clarity on what I should be doing.

Thanks

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3 Replies

Navin Arya (Administrative Head) 03 November 2012

Please go through this Article: https://yourstory.in/2012/08/shops-and-establishments-act/

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HM (Proprietor) 03 November 2012

Thank You for the reply. In that case do I need to hire a lawyer to present my case in the court?

darshana sawant (associate consultant) 06 November 2012

dear sir,

The definition of shop and commerical establishments is very wide and even non profit organisations are covered. So ,

the fine for non registration would be Rs 1000/- (min fine). You may ask this matter to be taken up before Lok adalat where it is settled in one go, just be present on that day. But thereafter, please register your establishment with the shop inspector and do other compliances like maintenance of visit book, wage register, (with none employee employed mark), attendance register etc.