yes sir.
The architect is hired for
The architect who has been hired is sitting in the office/site constructed inside the under construction factory premises. This is the same premise that is related to my question. I also interpreted it that it will be under himachal pradesh Shops and establishment act but I am not able to prove how and under which provision or there's some case law for the same.
I am explaining again. There is a land where a factory has to be built. In the same land, first we have constructed a site for the engineers and architects where they will come and sit whenever needed. For the labourers who will construct the rest of the factory, they have been employed by the contractor. We hired a contractor for the construction and he will do his job.
Query is regarding site of engineers and architect. Under which act would these engineers and architects be liable for their welfare provisions like working hours etc AND under which act should I register the site where these engineer and architect are sitting?
From India, New Delhi
1The architect is hired for
The architect who has been hired is sitting in the office/site constructed inside the under construction factory premises. This is the same premise that is related to my question. I also interpreted it that it will be under himachal pradesh Shops and establishment act but I am not able to prove how and under which provision or there's some case law for the same.
I am explaining again. There is a land where a factory has to be built. In the same land, first we have constructed a site for the engineers and architects where they will come and sit whenever needed. For the labourers who will construct the rest of the factory, they have been employed by the contractor. We hired a contractor for the construction and he will do his job.
Query is regarding site of engineers and architect. Under which act would these engineers and architects be liable for their welfare provisions like working hours etc AND under which act should I register the site where these engineer and architect are sitting?
From India, New Delhi
Is that the register relating to employment of these architects and contractors kept in this site office?
At present there is no factory. But there is a boundary within which the office is built. Since there is no manufacturing activity going on within the office building/ shed, you can call it as a commercial establishment coming under the purview of the himachal Pradesh Shops and Commercial Establishments Act. Eventually, the office will cease to exist once the factory is fully operational unless there is a boundary separating the office from the factory. So long as the office is independent, you can register the same under the Shops..... Act.
From India, Kannur
At present there is no factory. But there is a boundary within which the office is built. Since there is no manufacturing activity going on within the office building/ shed, you can call it as a commercial establishment coming under the purview of the himachal Pradesh Shops and Commercial Establishments Act. Eventually, the office will cease to exist once the factory is fully operational unless there is a boundary separating the office from the factory. So long as the office is independent, you can register the same under the Shops..... Act.
From India, Kannur
Sir if you by the definition of H.P S&E act:
“commercial establishment” means any premises wherein
any business, trade or profession is carried on for profit,
and includes journalistic or printing establishment and
premises in which business of banking, insurance, stocks
and shares, brokerage or produce exchange is carried on
or which is used as hotel, restaurant, boarding or eating
house, theatre, cinema or other place of public entertainment or any other place which the Government may
declare, by notification, to be a commercial establishment
for the purposes of this Act;
Will your answer fall under this definition?
From India, New Delhi
“commercial establishment” means any premises wherein
any business, trade or profession is carried on for profit,
and includes journalistic or printing establishment and
premises in which business of banking, insurance, stocks
and shares, brokerage or produce exchange is carried on
or which is used as hotel, restaurant, boarding or eating
house, theatre, cinema or other place of public entertainment or any other place which the Government may
declare, by notification, to be a commercial establishment
for the purposes of this Act;
Will your answer fall under this definition?
From India, New Delhi
Actually, a premises which is not covered by Factories Act, Mines Act, Plantation Labour Act, is a commercial establishment and is covered under the state's Shops and Commercial Establishments Act. Since the factory has not been commissioned, the place where the office is situated will be covered under the Shops...Act. This is the place where a business or profession is carried out. Still, you can also enquire with the Inspector of Factories and Boilers whether there is any provision for temporary registration which will take care of the activities prior to the commencement of manufacturing operation so that you can take it and once the factory becomes operational, get the RC as per Factories Act. The Panchayat/Local administration which has permitted you to carry out the construction activities should have given you licence on the basis of some norms. You can check that also.
From India, Kannur
From India, Kannur
Your analysis sounds correct. Since they are not workers, the place they sit is immaterial for coverage under BOCW
Whether they will be covered under S&E will depend on whether the 2 of them is below the number required for S&E
Also whether the S&E Act applies to the location (mostly it applies to urban areas)
But as Mr. Madhu said, they will probably be covered under the S&E license of their main office, even if they are temporarily working out of this site which does not have a S&E license
From India, Mumbai
Whether they will be covered under S&E will depend on whether the 2 of them is below the number required for S&E
Also whether the S&E Act applies to the location (mostly it applies to urban areas)
But as Mr. Madhu said, they will probably be covered under the S&E license of their main office, even if they are temporarily working out of this site which does not have a S&E license
From India, Mumbai
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