Karnataka Shops and Commercial establishments act

[CS Vighneshwar M.]

Hi,
I Have following Quires.

1. The Company have Three establishments in three diffrent
places.Whether Company needs to take Registration in all the Three
places?

2.Whetehr the Provisions of Factories Act, 1948 prevail over the
provisions of Karnataka Shops and Commercial establishments act?

Thanks in advance.

--
Vighneshwar Bhat
Company Secretary
No 78,K.P.Temple
Sanjaynagar
Bangalore-560094
Mob.No.91+9590252851

[Vedavathy Kabadi]

Vignesh,

As per the shops and establishment ACT, wherever a company has its
commercial set up/unit, it must be compulsorily registered.,
irrespective of number of units.

In your case, its 3 different establishments of a same company in
various places, those units need to be registered under this ACT
comupulsorily.

Thanks & Regards
Cs Vedavathy R Kabadi

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[urvashi pradhan]

Hi Vignesh,

I would think that the applicability of the Karnataka Shops and Commercial Establishments Act 1961 and the Factories Act 1948 are mutually exclusive. Please refer to the defn of Shop under sec 2 (u) of the KSCEA.

 

Thanks & Regards,

Urvashi Pradhan

 

[CS Vighneshwar M.]

Thank you.

In my opinion provisions of Factories Act 1948 will previal over the
provisions of Karnataka Shops and Commercial Establishments Act 1961,
because Factories Act 1948 comes under Union List.Where as KSCEA is
notified by State Government.

Correct me if i am wrong.

[Madhan Kumar]

Dear All,

 

           Regarding above Qurey, my opinion is that Special Act prevails over General Act.

 

With Regards,

M.Madhankumar.BL.,

[urvashi pradhan]

The defn section on "Shop" appears to delineate the applicability of the two legislations clearly.

 

A shop or commercial estb connected with the process of a factory would have the Factories Act applicable to it (KSCEA) would not apply in this case. A shop or commercial estb NOT connected with the process of a factory would have KSCEA applicable to it as very clearly stated in the aforementioned defn section. Both legislations would not apply at the same time to the same shop/commercial estb, hence there appears to be no requirement to contemplate on the State law vs. Central law perspective.

Pls tell me if i'v missed something.

 

[Jayashree Chandrasekaran]

yes, Urvashi i agree with you
Jayashree

--
C.JAYASHREE
S GANESH & ASSOCIATES
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[Suresh Kumar Vaishraj]

Hi All,

 

Shops and establishment Act and Factories Act are have two different aspects. As the Acts have been promuIgated by two different bodies i.e. State and Central Govt. irrespectively. Thus both will stand tall. I don't think one will give cushion or comfort to another one.

 

In the present case, registration should be done for all the three places in the territories of Karnataka.

 

Moreover, if the company has any other 'shop(s)', i.e. place of business(es) out the state of Karnataka, then registration(s) has/ have to be done under the Shops and establishment Act of the OTHER STATE(s).

 

Even I have done in the similar way in my company.

 

Thanking you all,

Regards,

Suresh Kumar V.

Company Secretary

AMR Constructions Ltd.

AMR House,

Plot No. 37 & 38,

Kamalapuri Colony,

Hyderabad - 500 073

91-9849991201

Suresh Kumar V
Company Secretary
91-9849991201