Shop, a place where thins are kept for sale, usually in small quantities, to the actual consumers. By (English) Shops Act, 1912, s. 19, 'shop' includes any premises where any 'retail trade or business' is carried on; 'retail trade or business' includes the business of a barber or hairdresser, but not the sale of programmes, etc., at places of amusement.
A business establishment or place of employment; a factory, office, or other place of business, Black's Law Dictionary, 7th Edn., p. 1384.
The (English) Shops Act, 1934, deals with the employment of persons under eighteen years, repealing s. 2 of the (English) Shops Act, 1912; but the other provisions are unaffected. The 1934 Act, s. 1, provides that no young person (under eighteen) shall be employed for more than the normal maximum working hours, that is, forty-eight hours in any week; it makes restrictions on right employment, has special provisions as to the catering trade, the sale of accessories for Aircraft, motor vehicles and cycles; provides for weekly half-holidays and intervals for meals, and provides for sanitary and other arrangements; this latter applies to assistants of all ages.
The (English) 1912 Act provides (s. 3) that in all rooms of a shop where female assistants are employed the employer shall provide seats behind the counter, or in such other position as may be suitable for the purpose, and also that such sets shall be in the proportion of not less than one seat to every three female assistants employed in each room, and as amended by the 1934 Act, it shall be the duty of the occupier of the shop to permit the female assistants to make use of such sets whenever such use does not interfere with their work.
Every shop must, save as otherwise provided by the Act, be closed not later than 1 P.M. on one week-day in every week, which day may be fixed by the local authority (s. 4); and a ''closing hour,' not earlier than 7 P.M., may be fixed by the local authority with the sanction of a Secretary of State (s. 5). The Act contains special provisions with reference to trading elsewhere than in shops (s. 9), to shops where more than one business is carried on (s. 10), holiday resorts (s. 11), and shops where Post Office business is carried on (s. 12). The enforcement of the Act is entrusted to the local authority as defined by s. 13, and the Act applies, with necessary modifications, to Scotland (s. 20) and Ireland (s. 21). It does not apply to fairs, bazars, or sales of work for charitable or other purposes from which no private profit is derived (s. 19), and certain trades and businesses are exempted from the provisions as to a weekly half holiday, and from the provisions of closing orders; see Second and Third Schedules. An incorporated company is bound by the Act, Evans v. L.C.C., (1914) 3 KB 315. The Act was mended, in its application to premises for the sale of refreshments, by the (English) Shops Act, 1913. The (English) Shops (Early Closing) Act, 1920, provided for a temporary continuance of orders made under the expired (English) Defence of the Realm (Consolidation) Act, 1914, and set out the orders in a schedule to the Act. The Shops (Hours of Closing) Act, 1928, amends the law relating to the closing of shops. Shops are to be closed not later than 8 P.M. (this is called the general closing hour), but on one day in the week they may be closed not later than 9 P.M., called the late day, which day shall be Saturday, unless otherwise fixed by the local authority. There are provisions dealing with the sale of confectionery and tobacco, and exemptions for exhibitions, etc. Customers in the shop before closing time may be served, or when the article is required in a case of illness. The sale of meals and food is excepted in certain circumstances, as also that of intoxicating liquors, medicine, etc., newspapers, etc., motor and cycle supplies, etc.
The Hairdressers and Bakers Shops [(English) Sunday Closing] Act, 1930, compels such establishments to close on Sunday, with exemptions as respects Jewish hairdressers, provided that they close on Saturday.
The (English) Shops (Sunday Trading Restriction) Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 53), provides for the closing o ships on Sundays, with certain exceptions, such as for sale of intoxicating liquors, refreshments, sweets, ice-cream, fruit, flowers, milk and cream, medicines, tobacco, newspapers, books, etc. (see the 1st Schedule), but the exceptions do not apply to sale of tinned goods of the above goods except tinned clotted cream. There are special provisions for holiday resorts, and for Jewish trades so long as they close on Saturday. Goods cannot be dispatched to a customer at anytime when a customer could not lawfully be served in the shop.
In contravention of the provisions the occupier of the shop is liable up to 5l. for the first offence, and up to 20l. for a second or subsequent offence.
The (English) Shops Act, 1936 (26Geo. 5 & 1 Edw. 8, c. 28), provides for the application of the Shops Acts, 1912-34, to the premises of lending libraries when carried on for proit.
It includes any premises where any retail trade or business is carried on, including the business of a barber or hair dresser, and retail sales by auction, but excluding the sale of programmes, catalogues, and other similar sales t theatres. [(English) Weekly Holidays Act, 1942, s. 2(d)]
In ordinary parlance a 'shop' is a place where the activities connected with the buying and selling of goods are carried on. It is not actually necessary that the delivery of the goods to the purchaser should take place at the premises in which the business of buying or selling is carried on to constitute the said premises into a 'shop', International Ore and Fertilizers (India) (P) Ltd. v. E.S.I. Corporation, AIR 1988 SC 79 (81); see also Cochin Shipping Co. v. ESI Corporation, AIR 1993 SC 252 (258). [Employees State Insurance Act, 1948, s. 1(5)]
See, Kalidas Dharjibai v. State of Bombay, AIR 1955 SC 62. [Bombay Shops and Establishments Act, 1948, s. 2(27)]
Shop, an agency is neither a shop nor a commercial establishment, State v. Brijlal Gulati, AIR 1961 All 79.
Shop, is a place where services are sold on retail basis, Employees' State Insurance Corporation v. R.K. Swamy, AIR 1994 SC 1154; Hyderabad Race Club v. ESI, (1996) 4 Andh LT 385.
Shop, is a place where services are sold on retail basis, Hindu Jea Band, Jaipur v. Regional Director, Employees' State Insurance Corporation, Jaipur, AIR 1987 SC 1166.
Means (i) a place especially a small building for the retail sale of goods and services and (ii) a place for the performance of a specified type of work; workshop, Collins English Dictionary.
Means a place where services are sold on retail basis, Air Freight Ltd. v. State of Karnataka, (1999) 6 SCC 567.
Means a place where the activities connected with the buying and selling of goods are carried on. It is not actually necessary that the delivery of the goods to the purchaser should take place at the premises in which the business of buying or selling is carried on to constitute the said premises into a 'shop', International Ore and Fertilizer Pvt. Ltd. v. ESI, (1987) 4 SCC 203.
Means generally, a shop is a place where commercial activities such as buying and selling take place. But there need not necessarily be such activity to make a place a shop. It may be a servicing centre where servicing is done for price, Radio repairing shop, shoe repairing shop, cycle repairing shop are examples. Where there is no commercial activity at all, the fact that employees are engaged, may not be sufficient to make it a shop. Normally, one associates the term shop with customers where there is no commercial activity, there will be no occasion for a customer to deal with that office, Darash Ltd. v. Employees State Insurance Corporation, 1979 KLT 633.
View Judgments Citing this Phrase View Acts Citing this Phrase