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ananya   13 January 2017

Shops and commercial establishments act 1962

A pharmaceutical company registered under Companies ACT 1956 having its factory and office in same premisses.

The office should be goverened by Fctories ACT or Shops and commercial establishments Act 1962?



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 3 Replies

Kumar Doab (FIN)     14 January 2017

Check with Inspectorate of Shops & Estbs Act.

The adminisrative office might have to be registered under 

Shops & Estbs Act.

Your legal cell/local counsel can render a considered opinion.

ananya   16 January 2017

Sir I tried a lot but no one is able to give a exact answer. And I'm not able to contact the inspector of shops and estb Act. Is there any other way for the same ?
what i know is that

Definition of factory IN FACTORIES ACT 1948 itself includeds that -

factory” means any premises including the precincts thereof

and explination II states that —For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;]

And the Sec 2 (4) & (8) U.P Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 states that -

'factory' shall have the meaning assigned to it in the Factories Act, 1948, so however as not to include the premises where the clerical or other establishment of a factory, to whom the provisions of that Act do not apply, work;

'Commercial establishment' means any premises, not being the premises of a factory, or a shop, wherein any trade, business, manufacture, or any work in connection with, or incidental or ancillary thereto, is carried on for profit and includes a premises wherein journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, or which is used as theatre, cinema, or for any other public amusement or entertainment or where the clerical and other establishment of a factory, to whom the provisions of the Factories Act, 1948, do not apply, work;

If this can help in the interpretation and getting the conclusion.

 

 

Kumar Doab (FIN)     17 January 2017

Everyone can meet Inspector appointed under factory Act, UP Shops & Estbs Act.

The commercial establsihment can engage the services of a counsel specializing in such/Labor matters.


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