hi,
this is Tapas Ray from V-Guard Industries Ltd.
i want to know that if a C&F has to take the Shop & Establishment License or not.
&
what are the statutory docs we should demand to C&F for our safety if we appoint him as our C&F.
please reply if anybody have any idea.
regards
Tapas Ray
mail id-
From India, Kochi
1this is Tapas Ray from V-Guard Industries Ltd.
i want to know that if a C&F has to take the Shop & Establishment License or not.
&
what are the statutory docs we should demand to C&F for our safety if we appoint him as our C&F.
please reply if anybody have any idea.
regards
Tapas Ray
mail id-
From India, Kochi
Your estt. should follow the relevant Act, reads as follows:
KERALA SHOPS AND COMMERCIAL ESTABLTSIIMENTS ACT, 1960
2. Applicability -
1) It extends to the whole State of Kerala and applies to all shops and commercial establishments except those specificdly exempted under the Act.
2) Establishment has been defined in section 2(S) of the Act as shops or commercial establishments which may be small, mediurn or big establishments.
Srnall establishments means an establishment having nil employees or upto five employees are employed, medium establishment means an establishment having six or more but less than 20 persons are employed and big establishment means any establishments having 20 or more employees are employed.
3. Registration of Establishments
Evey employer of an establishment shall make an application in Form,81 with Treasury receipt showing that the prescribed fee has bee paid to the Competent authority within sixty days from the date of commencement of its
work. The competent authority shall if satisfied register the establishment and issue a registration certificate in Form B tr. The registration certificate granted shall be renewed every year atleast thiry days before the expiry of the period, on payment of required fee (Sec. 5A(0)
The competent authority shall not grant or renew a registration certificate unless the provisions of this Act and Rules have been substantially complied with. xxxxx
You may read the relevant act for documents, forms & registers and other stipulations.
From India, Bangalore
KERALA SHOPS AND COMMERCIAL ESTABLTSIIMENTS ACT, 1960
2. Applicability -
1) It extends to the whole State of Kerala and applies to all shops and commercial establishments except those specificdly exempted under the Act.
2) Establishment has been defined in section 2(S) of the Act as shops or commercial establishments which may be small, mediurn or big establishments.
Srnall establishments means an establishment having nil employees or upto five employees are employed, medium establishment means an establishment having six or more but less than 20 persons are employed and big establishment means any establishments having 20 or more employees are employed.
3. Registration of Establishments
Evey employer of an establishment shall make an application in Form,81 with Treasury receipt showing that the prescribed fee has bee paid to the Competent authority within sixty days from the date of commencement of its
work. The competent authority shall if satisfied register the establishment and issue a registration certificate in Form B tr. The registration certificate granted shall be renewed every year atleast thiry days before the expiry of the period, on payment of required fee (Sec. 5A(0)
The competent authority shall not grant or renew a registration certificate unless the provisions of this Act and Rules have been substantially complied with. xxxxx
You may read the relevant act for documents, forms & registers and other stipulations.
From India, Bangalore
Thank you Mr. Kumar for above information.
but I belongs to Bhubaneswar, Odisha branch and we are going to appoint a C&F,
so my query is whether we should demand that C&F person to provide his Shop & Establishment certificate- it means whether a C&F need to obtain the registration certificate from Shop & Establishment ?
and what are other documents (statutory) we need to collect from him before making the agreement.
Regards
Tapas
From India, Kochi
but I belongs to Bhubaneswar, Odisha branch and we are going to appoint a C&F,
so my query is whether we should demand that C&F person to provide his Shop & Establishment certificate- it means whether a C&F need to obtain the registration certificate from Shop & Establishment ?
and what are other documents (statutory) we need to collect from him before making the agreement.
Regards
Tapas
From India, Kochi
Dear Ray,
Here is the provisions applicable in Odisa.
----------
THE ORISSA SHOPS & COMMERCIAL ESTABLISHMENTS ACT, 1956
[Published vide Orissa Act No. 30 of 1956.
For Statement of Objects and Reasons, see Orissa Gazette, Ext. 5.9.1956, p. 25; for Report of Select Committee, see ibid dated 27th September, 1956. p. 3.]
Section 2 - Definitions
In these Act, unless there is anything repugnant in the subject or context-
xxxx
(4) "commercial establishment" means a commercial or trading or banking or' Insurance establishment, an establishment or administrative service in which the persons employed are mainly engaged in official work, hotel, restaurant, boarding, or eating house, cafe or any other refreshment house, theatre or any other place of public amusement or entertainment and includes such establishment as the State Government may, by notification, declare to be a commercial establishment for the purposes of this Act;
7) "employer" means a person having charge of, or owning or having ultimate control over the affairs of an establishment and includes the manager, agent or other person acting in the general management or control of an establishment;
(8) "establishment" means a shop or a commercial establishment,
-----------
19) "shop" means any premises where any trade or business is carried on or where service are rendered to customers and includes offices, store rooms, godowns or warehouses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (LXIII of 1948);
----------
Section 3 - Exemptions
(1) Nothing in this Act shall apply to -
(a) offices of, or under the Central or State Government or local authorities;
(b) offices under the Reserve Bank of India;
(c) establishments run by the owners themselves without employing any employee or establishments in which only members of employer's family are employed;
(d) establishments for the treatment or care of the sick, infirm, destitute, mental unfit persons;
(e) persons occupying positions of management or employed in confidential capacity;
(f) persons whose work is inherently intermittent such as travellers or care-takers;
(g) persons directly engaged in preparatory or complementary work such as clearing or forwarding clerks responsible for the despatch of goods;
(h) fairs, or bazars for the sale of work for charitable or other purposes for which no private profit is derived; and
(i) libraries at which the business of lending books or periodicals is not carried on for purposes of gain other than that of making profits for charitable, philanthropic, religious or educational objects.
-------------
Section 4 - Registration of establishment
(1) Within the period specified in Sub-section (4), the employer of every establishment shall send to the Inspector of the area concerned, a statement in the prescribed form, together with such fees as may be prescribed, containing-
(a) the name of the employer and the manager, if any;
(b) the postal address of the establishment;
(c) the name, if any, of the establishment;
(d) the category of the establishment, that is whether it be a shop, commercial establishment, hotel, restaurant, cafe, boarding or eating house, theatre or other place of public amusement of entertainment; and
(e) such other particulars as may be prescribed.
(2) On receipt of the statement and the fees, the Inspector shall on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such manner as may be prescribed and shall issue in prescribed form a registration certificate to the employer. The registration certificate shall be prominently displayed at the establishment.
(3) In the event of any doubt or difference of opinion between an employer and the Inspector as to the category to which an establishment should belong, the Inspector shall refer the matter to the Chief Inspector who shall, after such enquiry as may be prescribed, decide the category of such establishment and his decision shall be final for the purpose of this Act.
(4) Within thirty days from the date mentioned in Column (2) below in respect of an establishment mentioned in Column (1), the statement together with fees shall be sent to the Inspector under Sub-section (1)-
---------------
If these provisions are applicable, and the Agent is employing persons, you should insist for -
1) VAT registration, TIN (GST)
2) PAN & TAN
3) Aadhaar card of the owner
4) Registration under the MSMED
5) IT Clearance certificate/IT Returns
6) Professional Tax Regn.
And other labour related records as prescribed.
From India, Bangalore
Here is the provisions applicable in Odisa.
----------
THE ORISSA SHOPS & COMMERCIAL ESTABLISHMENTS ACT, 1956
[Published vide Orissa Act No. 30 of 1956.
For Statement of Objects and Reasons, see Orissa Gazette, Ext. 5.9.1956, p. 25; for Report of Select Committee, see ibid dated 27th September, 1956. p. 3.]
Section 2 - Definitions
In these Act, unless there is anything repugnant in the subject or context-
xxxx
(4) "commercial establishment" means a commercial or trading or banking or' Insurance establishment, an establishment or administrative service in which the persons employed are mainly engaged in official work, hotel, restaurant, boarding, or eating house, cafe or any other refreshment house, theatre or any other place of public amusement or entertainment and includes such establishment as the State Government may, by notification, declare to be a commercial establishment for the purposes of this Act;
7) "employer" means a person having charge of, or owning or having ultimate control over the affairs of an establishment and includes the manager, agent or other person acting in the general management or control of an establishment;
(8) "establishment" means a shop or a commercial establishment,
-----------
19) "shop" means any premises where any trade or business is carried on or where service are rendered to customers and includes offices, store rooms, godowns or warehouses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (LXIII of 1948);
----------
Section 3 - Exemptions
(1) Nothing in this Act shall apply to -
(a) offices of, or under the Central or State Government or local authorities;
(b) offices under the Reserve Bank of India;
(c) establishments run by the owners themselves without employing any employee or establishments in which only members of employer's family are employed;
(d) establishments for the treatment or care of the sick, infirm, destitute, mental unfit persons;
(e) persons occupying positions of management or employed in confidential capacity;
(f) persons whose work is inherently intermittent such as travellers or care-takers;
(g) persons directly engaged in preparatory or complementary work such as clearing or forwarding clerks responsible for the despatch of goods;
(h) fairs, or bazars for the sale of work for charitable or other purposes for which no private profit is derived; and
(i) libraries at which the business of lending books or periodicals is not carried on for purposes of gain other than that of making profits for charitable, philanthropic, religious or educational objects.
-------------
Section 4 - Registration of establishment
(1) Within the period specified in Sub-section (4), the employer of every establishment shall send to the Inspector of the area concerned, a statement in the prescribed form, together with such fees as may be prescribed, containing-
(a) the name of the employer and the manager, if any;
(b) the postal address of the establishment;
(c) the name, if any, of the establishment;
(d) the category of the establishment, that is whether it be a shop, commercial establishment, hotel, restaurant, cafe, boarding or eating house, theatre or other place of public amusement of entertainment; and
(e) such other particulars as may be prescribed.
(2) On receipt of the statement and the fees, the Inspector shall on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such manner as may be prescribed and shall issue in prescribed form a registration certificate to the employer. The registration certificate shall be prominently displayed at the establishment.
(3) In the event of any doubt or difference of opinion between an employer and the Inspector as to the category to which an establishment should belong, the Inspector shall refer the matter to the Chief Inspector who shall, after such enquiry as may be prescribed, decide the category of such establishment and his decision shall be final for the purpose of this Act.
(4) Within thirty days from the date mentioned in Column (2) below in respect of an establishment mentioned in Column (1), the statement together with fees shall be sent to the Inspector under Sub-section (1)-
---------------
If these provisions are applicable, and the Agent is employing persons, you should insist for -
1) VAT registration, TIN (GST)
2) PAN & TAN
3) Aadhaar card of the owner
4) Registration under the MSMED
5) IT Clearance certificate/IT Returns
6) Professional Tax Regn.
And other labour related records as prescribed.
From India, Bangalore
It is not License but Registration under relevant State Shops & Commercial Establishments Act.Whether C&F Service includes Ware Housing activities? Whether he is supplying any Employees to principal Employers Establishment?
How many Employees are working in C&F Office
Based on this applicability of various Labour Laws will be determined
From India, New Delhi
How many Employees are working in C&F Office
Based on this applicability of various Labour Laws will be determined
From India, New Delhi
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SELF-CERTIFICAT E PROFORMA UNDER THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1958.doc
Brief Kerla Shop & Establishment Act.pdf