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Factory Registration |
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COVERAGE OF FACTORY AND ESTABLISHMENT
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The Act applies in the first instance to all factories defined under Section 2(12) in areas where the Scheme has been implemented by issue of an official gazette notification by the Central Government under the provisions of Section 1(3) of the Act. Section 1(5) of the Act empowers the respective State Government to extend the provisions of the Act to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise in Consultation with the Corporation after giving six months notice of it's intention of doing so by a notification in the Official Gazette. |
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The Government of Gujarat has extended the provisions under Section 1(5) of the Act to the following categories of Establishments in areas where the provisions of Sections 1(3) are already in force and where 20 or more persons are employed or were employed for wages during the preceding twelve months. |
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(a) |
Shops |
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(b) |
Hotel and Restaurants, Clubs |
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(c) |
Cinemas including pre-view theatres |
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(d) |
Road Motor Transport establishments and |
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(e) |
News paper establishments |
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ESTABLISHMENTS: The establishments is understood to be an organized of men or the institution not |
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necessarily confined to a premises or place and has therefore, a wider meaning. In case the establishment employs the minimum prescribed number of 20 persons for wages, it will stand covered under the Act, whether these persons are employed in one place or at a number of places, so long as they are engaged in the organized activity of the same establishment. |
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SHOP: The essential ingredient of a shop that 'sale' or 'service' must be rendered to the customer for a price. |
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The Supreme Court has given a wide meaning to the expression "shop" and it has been interpreted to include a "place where systematic economic or commercial activities are carried on". The concept of "sale" need not be confined to buying and selling of goods and commodities only, but includes selling of services for remuneration. |
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Ascertain whether the factory/establishment is situated within the area of implementation by ESIC (Implemented area), from Regional Office, Sub Regional Office, Branch Offices of ESIC, and the employers will be guided on this matter, if contacted. |
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