Hi,
Can shops and commercial establishment (only the office staff) + factory (where manufacturing process takes palce) exist in the same premise?
If yes, how they can be distinguished?
If no, why can't they co exist?
Regards
Mahesh
7259650011
From India, Mangaluru
1Can shops and commercial establishment (only the office staff) + factory (where manufacturing process takes palce) exist in the same premise?
If yes, how they can be distinguished?
If no, why can't they co exist?
Regards
Mahesh
7259650011
From India, Mangaluru
haave you taken registration under shops and establishment act have you registerd under factories act.need more help on this you may contact me 9866917232 laxmi
From India, Hyderabad
From India, Hyderabad
There is nothing wrong in it because a factory may have its office situated in the same premises where factory is situated or within the boundary of the factory. In such case, the office will also come under the purview of Factories Act. At the same time, if the office is outside the boundary of the factory the office shall have separate registration and that will be under the State's Shops and Commercial Establishments Act.
If the shop functioning within the factory premises is not having a separate business then no separate registration under the Shops Act is required but the person or persons working therein will be considered as workmen of the factory and all statutory rights enjoyed by the factory workers will be applicable to the workers of the shop also. Therefore, if the shop is to be treated as a separate entity, it should function outside.
Regards,
Madhu.T.K
From India, Kannur
If the shop functioning within the factory premises is not having a separate business then no separate registration under the Shops Act is required but the person or persons working therein will be considered as workmen of the factory and all statutory rights enjoyed by the factory workers will be applicable to the workers of the shop also. Therefore, if the shop is to be treated as a separate entity, it should function outside.
Regards,
Madhu.T.K
From India, Kannur
Mr. Mahesh
Yes, it is possible that Factory License and Shop & Est License can be obtain in same premises.
We had obtain our factory license at Ground Floor by approving labout of Ground Floor and also obtain Shop & Est license for First Floor.
At the time of obtaining license,we have discussed above with factory inspector and he said that we can obtaining licenses in same premises.
Regards
Ashok More
From India, Ahmadabad
Yes, it is possible that Factory License and Shop & Est License can be obtain in same premises.
We had obtain our factory license at Ground Floor by approving labout of Ground Floor and also obtain Shop & Est license for First Floor.
At the time of obtaining license,we have discussed above with factory inspector and he said that we can obtaining licenses in same premises.
Regards
Ashok More
From India, Ahmadabad
Thats great to hear Ashok! i would really appreciate if you or any other in the forum throw some more light in terms of the reasoning given for justifying the fact that both Factory and Office can co exist in same premise of same organisation.
I have a similar assignment in my hand.
Regards
Mahesh
From India, Mangaluru
I have a similar assignment in my hand.
Regards
Mahesh
From India, Mangaluru
Dear team,
I would like to add that if there is a separate building wherein different operations are carried out and such operations are not connected/related to plant operations process, the PE has to obtain licence under Shops and Estt for such operations in addition to Factory licence, though such building is within the boundary wall of PE premises.
Regards
From India
I would like to add that if there is a separate building wherein different operations are carried out and such operations are not connected/related to plant operations process, the PE has to obtain licence under Shops and Estt for such operations in addition to Factory licence, though such building is within the boundary wall of PE premises.
Regards
From India
Dear Sir,
Yes it can be. Because under the Factory Management, Provision shop , cloth shop, vegetable shop,
gas dealership, petrol bunk etc will be working under the roof of factory management. In such cases
Shops & Establishment Licences are mandatory.
Factory is as per Factories and shops & Other Estts. will be under the Shops and Establishments Act.
Both are having separate entity.
D.Gurumurthy
LL.HR & IR Consultant
Hyderabad.
From India, Hyderabad
Yes it can be. Because under the Factory Management, Provision shop , cloth shop, vegetable shop,
gas dealership, petrol bunk etc will be working under the roof of factory management. In such cases
Shops & Establishment Licences are mandatory.
Factory is as per Factories and shops & Other Estts. will be under the Shops and Establishments Act.
Both are having separate entity.
D.Gurumurthy
LL.HR & IR Consultant
Hyderabad.
From India, Hyderabad
Please take appropriate licenses for all entities , definitely they can co-exist. Aspirations
From India, Bangalore
From India, Bangalore
Guys thanks for the thoghtful insights!!!
Just got to know that the provision for SCE and Factory in a same premise can very well be made!! Hence, wud like to share for your information.
1. Drawings submitted to the inspector of factories should exclude the office to be shown as shops and commercial establishment in the premises. subsequent Inspections of the authority to the premises would therefore be restricted to the drawings submitted for the factory and for the SCE (basis drawing) with respect to applicable compliance part respectively.
2. Separate registrations to be obtained from competant authority for SCE and Factories specifying clearly the premises.
3. Separate entrance for both SCE and Factories to be made sure mandatorily.
Benefit of performing the above act would result in avoiding certain welfare measures to be provided under factories act. However, as a gesture of goodwill and good practices one may still chose to extend statutory or non statutory facilities to workers. Hence benefits for PE wud be more in the form of descretion not as compulsion!!
May follow if any wishes. Any thoughts on this are welcome!!
Mahesh
From India, Mangaluru
Just got to know that the provision for SCE and Factory in a same premise can very well be made!! Hence, wud like to share for your information.
1. Drawings submitted to the inspector of factories should exclude the office to be shown as shops and commercial establishment in the premises. subsequent Inspections of the authority to the premises would therefore be restricted to the drawings submitted for the factory and for the SCE (basis drawing) with respect to applicable compliance part respectively.
2. Separate registrations to be obtained from competant authority for SCE and Factories specifying clearly the premises.
3. Separate entrance for both SCE and Factories to be made sure mandatorily.
Benefit of performing the above act would result in avoiding certain welfare measures to be provided under factories act. However, as a gesture of goodwill and good practices one may still chose to extend statutory or non statutory facilities to workers. Hence benefits for PE wud be more in the form of descretion not as compulsion!!
May follow if any wishes. Any thoughts on this are welcome!!
Mahesh
From India, Mangaluru
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SELF-CERTIFICAT E PROFORMA UNDER THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1958.doc
Karnataka Shops& Commercial Establishment ACT.pdf