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Shopper's Stop Limited - Securities and Exchange Board of India

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SECTION VI: LEGAL AND REGULATORY INFORMATION<br />

REGULATIONS AND POLICIES<br />

The Government <strong>of</strong> <strong>India</strong> has over the years formulated various legislations, which apply to<br />

companies engaged in the business <strong>of</strong> retail <strong>and</strong> establishing retails stores in <strong>India</strong>.<br />

TRADE REGULATIONS<br />

Under the provisions <strong>of</strong> various Central Government <strong>and</strong> State Government statutes / legislation<br />

each <strong>of</strong> our department stores are required to obtain <strong>and</strong> regularly renew certain licenses/<br />

registrations <strong>and</strong> / or permissions required statutorily to operate our department stores.<br />

Our Company currently has 15 department stores situated in various cities in <strong>India</strong> <strong>and</strong> therefore<br />

are regulated by legislation enacted by various State Governments.<br />

Pursuant to the applicable laws in force in various states in <strong>India</strong> in which our department stores<br />

are situated each <strong>of</strong> our department stores require material registrations / licenses/ consents /<br />

permissions under the statutes listed out below. The statutes/ legislation list set out below is by way<br />

<strong>of</strong> illustration <strong>and</strong> is not exhaustive.<br />

• The Bombay Shops <strong>and</strong> Establishment Act 1948<br />

• The Karnataka Shops <strong>and</strong> Commercial Establishments Act 1951<br />

• The A.P. Shops <strong>and</strong> Establishment Act 1988<br />

• The Andhra Pradesh Factories <strong>and</strong> Establishments (National, Festival <strong>and</strong> other Holidays)<br />

Act 1974<br />

• The Rajasthan Shops <strong>and</strong> Commercial Establishments Act 1958<br />

• The Delhi Shops <strong>and</strong> Establishment Act 1954<br />

• The Tamil Nadu Shops <strong>and</strong> Establishment Act 1947<br />

• The Punjab Shops <strong>and</strong> Commercial Establishments Act 1958<br />

• The West Bengal Shops <strong>and</strong> Establishment Act 1963<br />

• The Mumbai Municipal Corporation Act 1888<br />

• The Karnataka Municipal Corporation Act 1976<br />

• The H.M.C Act 1955<br />

• The New Delhi Municipal Council Act 1994<br />

• The Chennai City Corporation Licensing <strong>of</strong> Hoardings <strong>and</strong> Levy <strong>and</strong> Collection <strong>of</strong><br />

Advertisement Tax Rules 2003<br />

• The Tamil Nadu Fire Services Act 1985<br />

• The Tamil Nadu Industrial Establishments (National <strong>and</strong> Festival Holidays) Act 1958<br />

• The CMC Act 1980; <strong>and</strong><br />

• Various other statutes.<br />

Our stores also require a license for live musical performances <strong>and</strong> for playing music in the stores<br />

under the provisions <strong>of</strong> the Copyright Act 1957.<br />

Our br<strong>and</strong> names are also required to be registered under the Trademarks Act 1999.<br />

In addition to the above our Company is also required to comply with the provisions <strong>of</strong> the<br />

Companies Act, the Foreign <strong>Exchange</strong> Management Act 1999, the Income Tax Act 1961, various<br />

sales tax <strong>and</strong> customs <strong>and</strong> excise related legislations/statutes <strong>and</strong> the rules issued from time to<br />

time there under to the extent applicable.<br />

Our Company engages for each <strong>of</strong> our stores the services <strong>of</strong> various contractors who in turn<br />

employ contract labour who provide inter alia gift wrapping, security, housekeeping, maintenance,<br />

alteration, valet services at various department stores <strong>of</strong> our Company. Hence our Company is also<br />

regulated by the provisions <strong>of</strong> the Labour (Regulation & Abolition) Act 1970 <strong>and</strong> other State<br />

Government legislations to the to the extent applicable...<br />

For details <strong>of</strong> the above-mentioned licenses/ registrations see the section titled 'Government<br />

Approvals’ on page 307 <strong>of</strong> this draft Red Herring Prospectus .<br />

FOREIGN INVESTMENT REGULATIONS<br />

An industrial policy was formulated in 1991 ( the ‘Industrial Policy 1991’) in order to implement the<br />

economic reforms initiated by the GoI. The GoI has since amended the Industrial Policy 1991 from<br />

time to time in order to enable foreign direct investment in various sectors <strong>of</strong> the <strong>India</strong>n industry in a<br />

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