Section 43 in Jammu and Kashmir Shops and Establishments Act, 1966
43. Determination of employer for the purposes of this Act
(1) Where the owner of an establishment is a firm or other association of individuals, any one of the individual partners or members thereof, may be prosecuted and punished under his Act for any offence for which an employer in an establishment is punishable:Provided that the firm or association may give the notice to the Inspector that it has nominated one of its members who is resident in the State to be the employer for the purposes of this Act and such individual shall, so long as he is so resident, be deemed to be the employer for the purposes of this Act, until further notice cancelling the nominations received by the Inspector or until he ceases to be partner or members of the firm or association.(2)Where the owner of an establishment is a company, any one of the directors thereof, or, in the case of a private company, any one of the share-holders thereof, may be prosecuted and punished under this Act for any offence for which the employer in the establishment is punishable:Provided that the company may give notice to the Inspector that it has nominated a director, or in the case of a private company a shareholder who is resident in the State to be employer in establishment for the purposes of this Act, and such director or share-holder shall, so long as he is so resident be deemed to be the employer in the establishment for the purposes of this Act, until further notice cancelling his nomination is received by the Inspector or until he ceases to be a director or share-holder.
