A ration shop falls within the definition of 'shop' under the Kerala Shops and Commercial Establishment Act and is not exempted from its provisions.

Nambiar, J.

1. This is an appeal filed by the State challenging the acquittal of the accused in S.T.No.24 of 1986 on the file of Judicial First Class Magistrate, Sherthallai. The Assistant Labour Officer, Sherthallai (North) filed a complaint against the respondent alleging that he violated the provisions of S.5( A) of the Kerala Shops and Commercial Establishment Act, 1960 (hereinafter referred to as the Act). During the relevant time the accused was conducting ration shop ARD No.59-A at Eramalloor. The complainant, Assistant Labour Officer, inspected the shop on 10-7-1980 at 11.45 a.m. and required the accused to produce the visit book and the registration certificate. The accused failed to produce the registration certificate and the visit book and prosecution was launched against him under S.29 of the Act.

2. Two witnesses, PW1 and PW2 were examined on the side of the complainant. PW1 is the complainant. He deposed that the accused is a ration shop dealer of shop No. ARD.59-A, Eramalloor and at the time of inspection of the shop, the accused did not produce the registration certificate and the visit book. PW2 is an employee in the ration shop. The accused when questioned under S.313 Cr1.P.C., admitted that he is a retail dealer of ration articles. The defence of the accused was that the ration shop is owned by the Government and it is not a shop or commercial establishment as defined under S.2(15) of the Act.

3. So, the short question that arises for consideration is whether a ration shop would come within the purview of the Act. The term'shop' has been defined in the Act as follows. S.2(15) reads:

"Shop means any premises where any trade or business is carried on or where services are rendered to customers and includes offices, store-rooms, godowns or warehouses, whether in the same premises or otherwise used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (Central Act 63 of 1948)".

The contention of the accused that the ration shop belongs to the Government and he is only a retail distributor cannot be accepted. The ration shop dealer is given licence as per the provisions of the Kerala Rationing Order, 1966. S.45 of the Rationing Order deals with the manner in which appointment of retail distributor is to be made. Application for appointment of authorised retail distributor shall be made to the District Supply Officer in the form prescribed by the Commissioner. The order appointing such retail distributor shall be made in the form prescribed by the Commissioner by notification in the gazette. After the issue of the order of appointment, the authorised retail distributor had to apply for rationed articles in accordance with order in such areas as are specified in the order of appointment. The authorised retail distributor will execute an agreement with the Taluk Supply Officer in the form prescribed by the Commissioner. Under sub-clause 7 of Clause 45, an authorised retail distributor shall give reasonable facilities at all times when the District Collector or any officer of Civil Supplies Department not below the rank of Rationing Inspector or any Audit Officer attached to the Civil Supplies Department to inspect the stocks or accounts in the shop. Order of appointment as an authorised retail distributor will indicate the Corporation, Municipality or Panchayat ward and the building number in which shop is to be conducted. The provisions of the Kerala Rationing Order do not show that the rationing shop would be a Government establishment. The dealer will be a licensee and he is free to conduct the trade of articles subject to the restrictions laid down in the Kerala Rationing Order. Going by the definition of shop in the Kerala Shops and Commercial Establishments Act 1960 a ration shop is a premises where trade or business is ca