Yes, sir.
The architect who has been hired is sitting in the office/site constructed inside the under-construction factory premises. This is the same premise that is related to my question. I also interpreted that it will be under the Himachal Pradesh Shops and Establishment Act, but I am not able to prove how and under which provision or if there's some case law for the same.
I am explaining again. There is a piece of land where a factory has to be built. On the same land, firstly, we have constructed a site for the engineers and architects where they will come and sit whenever needed. For the laborers who will construct the rest of the factory, they have been employed by the contractor. We hired a contractor for the construction, and he will do his job.
The query is regarding the site of engineers and architects. Under which act would these engineers and architects be liable for their welfare provisions like working hours, etc., and under which act should I register the site where these engineers and architects are sitting?
From India, New Delhi
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1The architect who has been hired is sitting in the office/site constructed inside the under-construction factory premises. This is the same premise that is related to my question. I also interpreted that it will be under the Himachal Pradesh Shops and Establishment Act, but I am not able to prove how and under which provision or if there's some case law for the same.
I am explaining again. There is a piece of land where a factory has to be built. On the same land, firstly, we have constructed a site for the engineers and architects where they will come and sit whenever needed. For the laborers who will construct the rest of the factory, they have been employed by the contractor. We hired a contractor for the construction, and he will do his job.
The query is regarding the site of engineers and architects. Under which act would these engineers and architects be liable for their welfare provisions like working hours, etc., and under which act should I register the site where these engineers and architects are sitting?
From India, New Delhi
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Is that the register relating to employment of these architects and contractors kept in this site office?
At present, there is no factory. But there is a boundary within which the office is built. Since there is no manufacturing activity going on within the office building/shed, you can call it a commercial establishment coming under the purview of the Himachal Pradesh Shops and Commercial Establishments Act. Eventually, the office will cease to exist once the factory is fully operational unless there is a boundary separating the office from the factory. As long as the office is independent, you can register the same under the Himachal Pradesh Shops and Commercial Establishments Act.
From India, Kannur
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At present, there is no factory. But there is a boundary within which the office is built. Since there is no manufacturing activity going on within the office building/shed, you can call it a commercial establishment coming under the purview of the Himachal Pradesh Shops and Commercial Establishments Act. Eventually, the office will cease to exist once the factory is fully operational unless there is a boundary separating the office from the factory. As long as the office is independent, you can register the same under the Himachal Pradesh Shops and Commercial Establishments Act.
From India, Kannur
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Sir if you by the definition of H.P S&E act:
“commercial establishment” means any premises wherein
any business, trade or profession is carried on for profit,
and includes journalistic or printing establishment and
premises in which business of banking, insurance, stocks
and shares, brokerage or produce exchange is carried on
or which is used as hotel, restaurant, boarding or eating
house, theatre, cinema or other place of public entertainment or any other place which the Government may
declare, by notification, to be a commercial establishment
for the purposes of this Act;
Will your answer fall under this definition?
From India, New Delhi
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“commercial establishment” means any premises wherein
any business, trade or profession is carried on for profit,
and includes journalistic or printing establishment and
premises in which business of banking, insurance, stocks
and shares, brokerage or produce exchange is carried on
or which is used as hotel, restaurant, boarding or eating
house, theatre, cinema or other place of public entertainment or any other place which the Government may
declare, by notification, to be a commercial establishment
for the purposes of this Act;
Will your answer fall under this definition?
From India, New Delhi
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Actually, a premise which is not covered by the Factories Act, Mines Act, or Plantation Labour Act is considered a commercial establishment and falls under the state's Shops and Commercial Establishments Act. Since the factory has not been commissioned, the location where the office is situated will be covered under the Shops Act. This is where business or professional activities are conducted. You can also inquire with the Inspector of Factories and Boilers to see if there is a provision for temporary registration to manage activities before manufacturing operations commence. This way, you can obtain it and once the factory is operational, obtain the RC as per the Factories Act. The Panchayat or local administration that permitted your construction activities should have issued a license based on certain norms. You should also verify that.
Please let me know if you need further assistance.
From India, Kannur
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Please let me know if you need further assistance.
From India, Kannur
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Your analysis sounds correct. Since they are not workers, the place they sit is immaterial for coverage under BOCW. Whether they will be covered under S&E will depend on whether the two of them are below the number required for S&E. Also, whether the S&E Act applies to the location (mostly it applies to urban areas).
But as Mr. Madhu said, they will probably be covered under the S&E license of their main office, even if they are temporarily working out of this site which does not have an S&E license.
From India, Mumbai
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But as Mr. Madhu said, they will probably be covered under the S&E license of their main office, even if they are temporarily working out of this site which does not have an S&E license.
From India, Mumbai
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