Can A Company Be Both Pvt Ltd And Be Registered Under Mumbai Shops Act? - CiteHR
Kishorkulkarni
Law Practice
Dhir42
Vice President
+4 Others

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A company is registered as a pvt ltd company can the same company register itself under mumbai shops act. Clarity needed
if it can, what will be the company following as far as staff is concerned for salary & appointment of staff ,leave policy, letter of appointments.
Any extra inputs regarding the subject will be highly appreciable.
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any company which is registered as pvt / ltd it has to come under Shops & Est Act
A company though registered under Companies Act for undertaking some activity, is nevertheless is an establishment under Shops Act and hence the need to register it under Bombay Shops Act.
B.Saikumar

An organisation needs to be registered under various laws as applicable. Registration under Companies Act is with respect to the nature of ownership, that is whether Private or Public Limited etc. As is the case with a partnership firm or LLP under related acts. Further registrations are required depending on the activities of the organisation; under Factories Act if it is a factory, shop/commercial establishment under Shops Act, Sales tax/VAT registration if engaged in selling of products or services, registration under IT act (PAN), under excise/customs registration, if contract labour is engaged under CLRA Act and so on. I think, in case of a Head Office of a factory (factory registered under Factories Act), which is operating at a different place may be registered under Shops/Commercial Establishment Act. Hence, leaves, OT, weekly off etc. for factory workers will be as per factories act, and such service conditions can be under shops act for head office staff.

V K Sajan

Manager HR)
A Pvt Ltd Company registered in New Delhi, having an corporate office at Gurgaon and a construction site at Bhiwadi(Rajasthan) should follow legislations of Delhi, Haryana or Rajasthan for Leave Policies, HR Policies & Rules etc. or the Standing Orders laid out in Industrial Standing Orders Act, 1946.
Answer by Mr V K Sajan is most relevant. Most of the Organisatins, especially Manufacturing units, their HO is located in Cities, and factories, at different locations. Hence, Leave rules applicable to HO staff are under the perview of Shops & Est Act, and for the employees, working in Factory, under Factories Act.
I think this is the most relevant answer.-jayant nisal-corporate manager-H.R/I.R.as a consultant.
Private limited company is a type of ownership of company and the registration under Companies Act just denotes its formation, its initial capital, the founders and promoters etc. So, it is in respect of formation and association of a company.
If the pvt. ltd. company has a office and doing a commercial business in a state then registration of such office is necessary, whether there are any employees or not. The state shops act is enacted generally to govern the employment conditions, working hours, leave, holidays and such things.
In short, the company law and shops act have different purposes and registration under both are necessary.
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