Dear Sir/Madam,
Recently, I have joined a Limited company HO in Bangalore. The issue is that our establishment is registered under the Shop & Establishment Act, 1963 of West Bengal, and it has been renewed this year. Previously, in Form H, a Saturday half holiday was shown, but only the 2nd Saturday remains a full holiday. When I went for renewal, I mentioned this fact, and the inspector directed that we either maintain the half holiday on Saturday or provide a full holiday on the 2nd and 4th Saturday.
Compliance with Shop & Establishment Act
Now, my question is, can the Shop and Establishment Act office force us to do this? Additionally, if we do not comply, what consequences may occur? If there is a raid by the concerned department, what repercussions could we face?
Please advise as this is urgent.
Regards,
Tupai
From India
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1Recently, I have joined a Limited company HO in Bangalore. The issue is that our establishment is registered under the Shop & Establishment Act, 1963 of West Bengal, and it has been renewed this year. Previously, in Form H, a Saturday half holiday was shown, but only the 2nd Saturday remains a full holiday. When I went for renewal, I mentioned this fact, and the inspector directed that we either maintain the half holiday on Saturday or provide a full holiday on the 2nd and 4th Saturday.
Compliance with Shop & Establishment Act
Now, my question is, can the Shop and Establishment Act office force us to do this? Additionally, if we do not comply, what consequences may occur? If there is a raid by the concerned department, what repercussions could we face?
Please advise as this is urgent.
Regards,
Tupai
From India
Acknowledge(0)Amend(0)
Compliance with Territorial Statutes
When there is an explicit provision relating to any matter covered by a statute applicable to a particular territorial jurisdiction, you have to simply comply with it as long as your establishment is within its jurisdiction. Any deviation can be visited with penal action. If you have branches elsewhere, they would be covered by the provisions of similar territorial acts only. If there is any inconsistency between similar territorial statutes regarding any particular aspect of service conditions, naturally, the one more beneficial will prevail over the other. As such, no prudent enforcement authority will insist on the letter of the law.
Regards
From India, Salem
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When there is an explicit provision relating to any matter covered by a statute applicable to a particular territorial jurisdiction, you have to simply comply with it as long as your establishment is within its jurisdiction. Any deviation can be visited with penal action. If you have branches elsewhere, they would be covered by the provisions of similar territorial acts only. If there is any inconsistency between similar territorial statutes regarding any particular aspect of service conditions, naturally, the one more beneficial will prevail over the other. As such, no prudent enforcement authority will insist on the letter of the law.
Regards
From India, Salem
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Brief Kerla Shop & Establishment Act.pdf
Compliance List Report Action.xls