Shops and establishment act-whether applicable to associatio

Legal

I have a query...If anybody can address this..If a Association registered under Union Trade Act,1926 will be covered under Shops and Establishment Act. Does the Association, needs to get themselves registered under Shops and Establishment Act.

What if, the Association is registered in the year 1998 and has not got it registered till date., then what is the penalty which will be imposed on non-compliance.  The said Association is incorporated to promote and protect the trade, commerce and industries of India and in particular, the trade ,commerce and industries connected with sugar.


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Executive Director

The office of a registered TU is a commercial establishment as defined under sec 2(4) of kerala Shops and CE Act, 1960. It has to be registered under the S&E ACT.


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Legal

Thanks for your prompt reply Mr.Vijayarajan,would be grateful if you through some light on following issues:

 

a)    If a Association is registered Under TU Act in the year 1998 and has not it registered under Delhi S& E Act., then what would be the consequences  if we go for registration at this point of time, its almost the lapse of 13 years.

 

b)    Till now the Association, has never come across any inspection of Labour Inspector.

 

c)    What would be the impact, if we get it registered at this point of time. What would be penalty which will be imposed on non-compliance till date.

 

d)    As this Association is only for the benefit of its members and which is neither carrying on any trade or business now rendering any service to outsiders. Will this role would still fall under the definition of the term shop or commercial establishment.

 

Shall await for your valuable inputs on above issues.  


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Executive Director

Dear sir,

Unlike the TU Act,the S&E Act is a state Act and it has slight difference in each state. I was dealing with the Act in kerala. But since provisions are more or less similar I am of the openion that there will be no action against you for non registration. If you feel that it is to be registered, you can make an application to the registering authority of your area. There is no case to worry about.

Regards,

Vijayarajan


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Legal

Sir, thanks so much for your inputs.

 
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