Tushar.swar
Manager - Human Resource
Abhay_011
Professor
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
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Asso.prof.(commerce & Management) Pg
M S N KHAN
Senior Consultant (security)
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Anonymous
Dear All, I have one query. We have offices in Mumbai and Pune. Do we have to register separately for both the offices? Regards Hemlata
From India, Ahmedabad
Dear,
I feel that, this is kiddish question you asked...
As i believe that, you must have aware that, Shops & Establishment come under the purview of Municipal corporation. therefore, Municipal corporation of Mumbai & Pune is different, so you have to register the both office differently.
In fact, Authority issue a registration certificate to particular premises not for whole company. applicability of Shops & establishment is for particular shops or establishment, even you have multiple office within the same municipal corporation or within same territory of area, even though it need to register separately.

From India, Mumbai
Dear Tushar ji,
If I have an office which is not in Municipal Corporation jurisdiction, am I require to be registered my office under the S&E Act? What I understood from your above post that I am require to be registered my office under S&E Act only in case my office is in Municipal Corporation Area. Kindly clarify.

From India, Mumbai
Dear Mr. Korgaonkar,

Operating authority of Shops & Establishment is Municipal corporation, So, where Municipal corporation is exist, it means, there should be shops & establishment is applicable except Delhi, its operating authority is Labour Dept.

However, some of the geographical areas are exempted from his act. so, there no need to be register under the same.

As per under section 1, (4) The [State] Government shall by notification published in the Official Gazette direct that all or any of the

provisions of this Act shall come into force in such other local areas having population of twenty-five thousand and more as may be specified in the notification.

(5) The [State] Government may also by a like notification direct that all or any of the provisions of this Act shall come into force in such local areas having population of less than twenty-five thousand as may be specified in the notification.

I will tell you one case, one retail organization having three offices in one premised, but, company has registered only one office/company, therefore, when inspector visited to the place, he has remarked to that, not found registration. therefore, company has to got register rest of the two companies / offices under the same.

Lets under that, objective of this act.

The Shops and Establishments Act, 1953 Objectives • To provide statutory obligation and rights to employees and employers in the unorganized sector of employment, i.e., shops and establishments. Scope and Coverage • A state legislation; each state has framed its own rules for the Act. • Applicable to all persons employed in an establishment with or without wages, except the members of the employer's family. • State government can exempt, either permanently or for a specified period, any establishments from all or any provisions of this Act. Main Provisions • Compulsory registration of shop/establishment within thirty days of commencement of work. • Communications of closure of the establishment within 15 days from the closing of the establishment. • Lays down the hours of work per day and week. • Lays down guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work. • Rules for employment of children, young persons and women • Rules for annual leave, maternity leave, sickness and casual leave, etc. • Rules for employment and termination of service. • Maintenance of registers and records and display of notices. • Obligations of employers. • Obligations of employees. When to Consult And Refer • At the time of start of an enterprise. • When framing personnel policies and rules.

as well as the guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work, etc.

From India, Mumbai
Dear Tushar ji,

Thank for responding me. I also appreciate your participation in this forum.

It is not my intention to hurt you but to correct you. You are referring to The Bombay Shops and Establishments Act, 1948 with Maharashtra Rules 1961. You are referring some other enactment of 1953.

You have rightly said that it is a State Legislation. But it seems to me, you have copied and pasted it from Google. Everything available now-a-days online which is not necessarily correct. On this site too, barring few discussions, discussions are baseless and inputs given many including senior members are incorrect. And unfortunately the readers carry the same with them.

My request to you and every one to kindly refer the bare acts always and interpret it correctly. Don't even refer the on-line bare acts. They may not authentic and updated.

My understanding on The Bombay Shops and Establishment Act 1948 in respect to current topic is as under:

1. This Act is applicable in entire State of Maharashtra but came into force in local areas as specified in schedule I which mostly covers Municipal Area, Borough i.e. Nagar Palika, Cantonment etc.

2. The State Government has a power to bring any or all the provisions of this Act into force in other local areas having population of 25000 or more. The State Government also has a power to bring any or all the provisions of this Act into force in other local areas having population less than 25000. By virtue of it, in many Panchayat Area this Act is made applicable either fully or to certain extend.

3. Each establishment / shop i.e. each place of business is liable to be registered under this Act irrespective whether employees are engaged or not. Some of the shop Inspectors insists separate registration for each establishment / shop within a same premises / building. I have seen separate registrations of establishments belonging to same owner on same floor and also seen single registration for establishments on different floors. This is all depends how the inspector interprets and how you convince him and deal with him.

4. Registration / Inspectorate authority under this Act not necessarily the Municipal Corporation. Only in Mumbai, it is Municipal Corporation. Rest it is Labour Commissionerate office. Even though Thane, Dombivali-Kalyan, Panvel, Pune etc. have Municipal Corporation, the authority is Labour Commissionerate office and not Municipal Corporation. Navi Mumbai has its Municipal Corporation, the authority under this Act also under CLRA is either Labour Commissionerate office at Thane or at Panvel depending upon the area.

I stand to be corrected if wrong anywhere. I look at this forum as knowledge sharing tool.

From India, Mumbai
Yes, its only a knowledge sharing tool and not to hurt or insult for lacking of ones knowledge. We post queries because either we do not know the related matter or to know whether our interpretation is correct or not to that subjected matter.

So, I request all the fellow members not to use kiddish/ foolish or like words when they reply to any queries.

Also I found from most of our HR professionals a bad behavior :

- when employees ask for any clarification, they dont reply properly or shout at them or insult or neglect- which is incorrect.

- When a person wear the coat of "HR", he feels that he is the MD of the company and behaves like that

We should keep one thing in our mind. HR means maintaining good Human Relations with respect and not Hurt and Roar. We are engaged not only to comply with the rules but also to see the productivity and welfare of the employees. In fact, HR is a cost consuming center at some others' cost.

Hope, it won't hurt anybody and the fellow members take it in right spirit.

Thanks,

Kota

In the pursuit of excellence.

From India, Hyderabad
Dear Mr. Korgaonkar,

Thanks a lot for correcting me or adding the more information in this forum. i don't feel hurt by your any of statement. in fact, i would appreciate, to share this information.

But, somehow, some of points are eco (1 & 2) with view (as per you copy past statement), second thing that, sorry to say but, i am not agree or convince on point no. 3 as you said "registrations of establishments belonging to same owner on same floor and also seen single registration for establishments on different floors. This is all depends how the inspector interprets and how you convince him and deal with him."

So, here i would say that, some times inspector gets conveyance but, some time not.. in fact, it not question that, whatever how can we convince him or not..? it question that, what legally is correct...?

I personally feel that, every establishment need to register even if there multiple office owned by same person or same establishment on different floor or same floor. i believe issuing the registration certification under this for particular premises, as you said, irrespective whether employees are engaged or not. so, if there multiple office on same floor & some offices are having employee & some are not then all office need not to be register..?

From India, Mumbai
Our laws are so complex and outdated even that it is difficult for majority of educated and intelligent Indians can comprehend it.
So it would be preferable to be modest while answering questions keeping in mind that the person who posted his question may be better than the person answering the question.
Using words such as kiddish would discourage the young minds and we older people definitely don't want to do that.
Regards

From India, Thane
Dear All,
Please suggest on the following -
We have our office, wherein we have taken shop act lic and at factory we have taken factory lic. Now the question is, we are shifting our office to factory. Do we have to take separate shop act lic or factory lic is sufficient with amending the total strength of workers / staff.
Please advise.
regards,
ALICIAHR

From India, Pune
----------------

It's better to decide after consulting the concerned at the office where the Factory Act registration was obtained. To me it appears having shifted your 'Shop' into the 'Factory' it would be right to surrender the 'Shop' licence and to include your 'shop' strength also within the 'Factory' as it's now a merged unit. This is because your office now form part of the Factory and it would be appropriate not to have a 'shop' within the precincts of the 'Factory' to avoid jurisdiction problems.

In saying so one shouldn't get confused about "manufacturing process" which is a primary indicator for defining a "Factory". In any office there cannot be manufacturing process going, as it is attached to the Factory where all related clerical work is carried out which is incidental for a 'manufacturing process' The explanation thus goes like this -

Worker: "Worker means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected 'with, the manufacturing process" or the subject of the manufacturing process but does not include any member of the armed forces of the Union."-Sec. 2(1), as amended in 1976.

Explanation: Worker means any person engaged in any work connected with or incidental to a manufacturing .process. Thus the definition is wide. The term includes persons engaged directly and, also those who are engaged through an agency (including a con¬tractor with or without the knowledge of the principal employer). The term includes clerical workers and persons paid by piece rates in a factory.

The office staff consequently will have better benefits comparatively having shifted into a "Factory"

From India, Bangalore

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