Inquiry on Project Office Compliance
We are conducting a construction project in Lucknow. For this purpose, we have established a Project Office at the site. Please inform me whether these premises will be covered under the Shops & Establishments Act.
Thanks,
Aditya Gupta
From India, New Delhi
Acknowledge(0)
Amend(0)
We are conducting a construction project in Lucknow. For this purpose, we have established a Project Office at the site. Please inform me whether these premises will be covered under the Shops & Establishments Act.
Thanks,
Aditya Gupta
From India, New Delhi
Acknowledge(0)Amend(0)
Site office will come under the State’s Shops and Commercial Establishments Act. Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
4527From India, Kannur
Acknowledge(0)Amend(0)
I do not think that a legal commentary or case law is required to establish it. A factory where a manufacturing activity is carried out is covered under the Factories Act, a mine is covered under the Mines Act, or a plantation is covered under the Plantation Labour Act. All these Acts speak about the registration of the establishment and provide for the health, safety, and welfare of the people employed therein.
An establishment which will not come under these Acts, like an administrative office, sales office, or depot where only support functions are carried out, should also be registered and follow some guidelines for the health, safety, and welfare of the people employed in such offices. Obviously, an administrative office situated within the boundaries of the factory, mine, or plantation will be under the Factories Act, Mines Act, or Plantation Act, as the case may be. Those outside the boundaries or situated away from the factory, mine, or plantation will not be covered by the respective Act, and for that, the State Act meant for shops and commercial establishments will apply.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
An establishment which will not come under these Acts, like an administrative office, sales office, or depot where only support functions are carried out, should also be registered and follow some guidelines for the health, safety, and welfare of the people employed in such offices. Obviously, an administrative office situated within the boundaries of the factory, mine, or plantation will be under the Factories Act, Mines Act, or Plantation Act, as the case may be. Those outside the boundaries or situated away from the factory, mine, or plantation will not be covered by the respective Act, and for that, the State Act meant for shops and commercial establishments will apply.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
Reference to Legal Decision on Employee Transfer
Reference may be made to the decision in the case of Management of MRF Tyres v SND Sampath decided in 2008. The decision held that an employee transferred to a different state office will be governed by the respective State Shop and Establishment Act in which the branch office is situated.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Reference may be made to the decision in the case of Management of MRF Tyres v SND Sampath decided in 2008. The decision held that an employee transferred to a different state office will be governed by the respective State Shop and Establishment Act in which the branch office is situated.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Forms & Registers Andhra Pradesh Shops & Establishments Act 1988 & Rules 1990.xls
Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Act, 2.pdf