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Registration atm under shops and commercial establishment act

(Querist) 10 September 2012 This query is : Resolved 
Do ATM located at different place from the branch of Bank is required to register under Shops and Commercial Establishment Act of various States?

What is position in Uttar Pradesh?
H.M.Patnaik (Expert) 10 September 2012
ATMs function under particular branch of the bank to facilitate disbursement of cash to its customers and therefore it is an additional place of business of the connected branch . Hence , no separate Regn. under Shops % comercial establishments Act would be required for the ATM .
malipeddi jaggarao (Expert) 11 September 2012
Academic query.
Rupendra Porwal (Querist) 11 September 2012
Dear Mr. Patnaik,

Thanks for your response.

I do agree with your views where ATM is situated at same premises of branch.

But where situation of ATM is different and it can not be said to be attached with particular branch because it serves all customers of same bank and also customers of other banks.

Will this different location of ATM not be considered SEPARATE COMMERCIAL ESTABLISHMENT under shops and commercial Est. Act?
Kiran Kumar (Expert) 11 September 2012
its a genuine query

if we c the definition of Shop and Commercial Establishment then prima facie it seems that ATM shall be covered under the said Act.

but one thing has to be seen that whether the State Govt. has exempted such an activity from this act.

in my opinion, it should be covered.


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