persons causes any AAEC in India subject to conditions under section 3(3) (a) to (d), if it does so then only it will be covered under this section. 5.4 Enterprises:- The meaning of enterprises for the purpose of this Act has been defined under Section 2(h) of the Act as under:-
Explanation.-For the purposes of this clause,â€“ (a) Ã¢â‚¬â€¢activityÃ¢â‚¬- includes profession or occupation; (b) Ã¢â‚¬â€¢articleÃ¢â‚¬- includes a new article and Ã¢â‚¬â€¢serviceÃ¢â‚¬- includes a new service; (c) Ã¢â‚¬â€¢unitÃ¢â‚¬- or Ã¢â‚¬â€¢divisionÃ¢â‚¬-, in relation to an enterprise, includesâ€“ (i) a plant or factory established for the production, storage, supply, distribution, acquisition or control of any article or goods; (ii) any branch or office established for the provision of any service;Ã¢â‚¬-65 The substance of the definition of enterprise is that it can either be a person (section 2(l)) or a department of government subject to the conditions specified in the definition carrying on an economic activity in the supply of goods or services. The definition makes it clear that all person66 or department of the government, any other entity cannot for the purpose of the Act, be treated as an enterprise unless it is engaged in commercial activities.
|65||Section 2 (h)|
5.5 Trade Associations:- Trade associations have not been specifically dealt under the Act but they come under the purview of section 3 for they are merely association of enterprises engaged in similar kind of trade. Trade association can be defined as an association of business organizations having similar concerns and engaged in similar fields, formed for mutual protection, the interchange of ideas and statistics, and the establishment and maintenance of industry standards.67 Trade associations in India, as a socially responsible body and in enlightened self interest, can proactively promote compliance on the part of enterprises as well as themselves. They make a positive contribution to the economy, particularly to the specific industry they represent.
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