Anil.arora
Administration Head
Hopegovind
Manager- Hr & Admin
PTRC
Working With Ngo
Sundar_mpm
Man Management Functions
+3 Others

Hello, What is the difference between factory act and shop and establishment act. Regards, Amit Sharma
2nd February 2013 From India, New Delhi
Well to know the difference between Acts, you must go through the Acts one by one which is the best way to get good understanding

But in simple way, The Factories Act is a social and national legislation act which has been enacted for occupational safety, health and welfare of workers at work places. And it applies to factories covered under the Factories Act, 1948. The industries in which ten (10) or more than ten workers are employed on any day of the preceeding twelve months and are engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers are employed in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act.

For more : http://labour.nic.in <link fixed> and India. The Factories Act

Shops and Establishment Act: is a state legislation act and each state has framed its own rules for the Act. The object of this Act is to provide statutory obligation and rights to employees and employers in the unauthorized sector of employment, i.e., shops and establishments. This Act is applicable to all persons employed in an establishment with or without wages, except the members of the employer’ family. The shops and establishments Act of different states extend to the whole of the state and within each state, it covers such areas as the State Government may notify from time-to-time.

for more visit : Shops and Establishments

Also I suggest you to visit :

https://www.citehr.com/220780-shop-act-factory-act.html

https://www.citehr.com/405877-shop-e...icability.html
2nd February 2013 From India, Gurgaon
Factories Act is applicable to a premises where manufacturing process is carried on in which ten or more persons are employed.manufacturing process means the process of making an article or effecting a change in an article through various methods like polishing or cleaning or repairing or oiling etc to make it for use or sale. Having regard to the fact that a manufacturing process may involve risks like operating machines or hazardous processes and substances,, the Factories Act prescribes various provisions extensively for safety, health and other regulatory provisions relating to lighting ventilation, maintaining certain degree of humidity and temperature etc. maintaining .A shop or commercial establishment in contrast to a factory does not indulge in any manufacturing process but engages in trading of goods or services or in commercial operations like selling services etc. and their activities are regulated by the Shops and Establishments Act which thus prescribe,among others,rules for opening and closing hours of the establishment , working hours rest intervals, weekly offs , leave and general safety of employees.

B.Saikumar

Mumbai
2nd February 2013 From India, Mumbai
Hi
Factory Act is applicable for any establishment who is engage in manufacturing and production activities with or without help of electricity and demands better working condition, health and safety for workers
Shops and establishment Act is applicable for all other establishment who are not engage in manufacturing and production activities and it regulated working hours, conditions of work etc.
For example : you are manufacturing toys and 20 people are working in your organisation. This will fall under factories Act
Yours is. Sales and distribution company and has any no of employee from 1 to 1000 it falls under shops and establishment Act. The panwala hotelwala to big corporate offices all falls under shops and establishment Act
3rd February 2013 From India, Mumbai
Factor Act is applicable without any geographical conditions and is enforced through State Government.
Shop and Establishment Act is applicable to Urban areas ( in specific cases State will notify the geographical area). The Act is enforced by Local self Government, i.e. Municipality or Municipal Corporation as the case may be.
In F.Act there are extensive provisions for protection of safety and health at work while in S & E Act there are no provisions for OHS except provisions like water, sanitation and weekly off.
3rd February 2013 From India, Coimbatore
factory' Act is for manufacturing organizations where the production activities are taking place either with the help of electricity or without the help of power.
If an organization does not utilise electricity for their manufacturing porposes, it is coming under Shops and Establishments Act.
Also please note that an organization managing a factory and also a sales office and/or administrative office and/or corporate office, those offices are covered by shops and establishments act.
To understand the acts, you have to go through the books of law.
3rd February 2013 From India, Pune
[Dear Seniors
I would like to know the difference between the security personnel wages of shops and establishment and notified wages (higher) in GO No 43 dt 28 May 2010 vide rates have been fixed recognizing security as industry , especially in AP
Is there any GO that which ever is higher principal employer has to follow the same as one client wish to follow Shops and establishment being lower rates
Kindly advise,please.[/B]
11th April 2013 From India, Hyderabad
Dear Seniors
I would like to know about registration process of Shrimp Hatchery and in wchich act it will be register.
5th December 2018 From India, Jalalpur
Dear All,
Kindly can any one clarify that a mineral mining company having it's own processing unit with in the same area. In this case in which act is applicable primarily and the register to be maintain in which act.
29th May 2019
In respect of Dismissal of workmen
Under Shops and Establishment Act
For Dismissal, one month notice is required to be issued. The person so aggrieved / dismissed shall have a right to appeal to such authority and within such time as may be prescribed either on the ground that there was no reasonable cause for dispensing with his services or on the ground that he had not been guilty of misconduct as held by the employer. The decision of the appellate authority shall be final and binding on both the employer and the person employed. The matter will be decided soon.
Where as for a Factory, Industrial Disputes Act applies. The person so dismissed has to approach the Conciliation Officer and raise an Industrial Dispute under Section 2-A or 2-K of the ID Act. The Conciliation Officer on hearing the parties, after the conciliation failure, sends failure report to the Labour Department of Government. The Government on consideration of facts of circumstances may refer the dispute to Labour Court. The Labour court on hearing both the parties, based on the evidences and documents, placed before the court, pass orders. It is a long process.
15th July 2019 From India, Madras
"clarify that a mineral mining company having it's own processing unit with in the same area. In this case in which act is applicable primarily and the register to be maintain in which act".
In my opinion yours is covered under The Mines Act 1952.
Definition under the Mines Act refers as follows:
(viii) all workshop and store situated within the precincts of a mine and the same management and used primarily for the purposes connected with that mine or a number of mines under the same management;
(ix) all power stations, transformer sub-stations converter stations : rectifier stations and accumulator storage stations for supplying electricity solely or mainly for the purpose of working the mine or a number of mines under the same management;
(x) any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such and refuse or other material is being carried on, being premises exclusively occupied by the owner of the mine:
(xi) any premises in or adjacent to and belonging to a mine or which any process ancillary to the getting, dressing or operation for sale of minerals or of coke is being carried on;
15th July 2019 From India, Madras
Add Reply Start A New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™