Karnataka Shops and Establishment Act

nishad (Querist) 04 February 2010 This query is : Resolved
Hi Dear all,

Can anyone help me understand whether banking comes within the ambit of shops and Establishments act-karnataka state..

Thank you

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Raj Kumar Makkad (Expert) 04 February 2010
No.Banks are governed by special Act which do not require to be registered as shop.

A V Vishal (Expert) 04 February 2010
State enactments to regulate conditions of work and employment in shops and commercial establishments. Though most Acts cover banking companies also under the definition of `commercial establishments' for the purpose of the Acts, by separate notifications banks have been exempted either entirely from the provisions of the Act or from certain provisions of the Act like opening and closing hours, hours of work, weekly holidays, etc.

Further u/s.3. Exemptions.Nothing in this Act( viz. Karnataka Shops & Establishment Act) shall apply to,-
(a) offices of or under the Central or State Governments or local authorities, except commercial undertakings;
(b) any railway service, water transport service, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry, business or undertaking which supplies power, light or water to the public;
(c) railway dining cars;
(d) establishments for the treatment or care of the sick, infirm, or the mentally unfit;
1[(dd) establishments of the Food Corporation of India;]1
1. Inserted by Act 17 of 1986 w.e.f. 8.5.1986.
(e) offices of legal practitioners and medical practitioners in which not more than three persons are employed;
(f) offices of 1[a banking company]1;
1. Substituted by Act 33 of 1982 w.e.f. 4.12.1982.

PS: Mr Makkadji banks are not exempted because they are governed by any special law but because the government has powers to exempt certain establishments from the purview of certain statutory laws.