No person shall carry on any retail trade or business of any class near any shop or commercial establishment at any time before the opening and after the closing hours and on the close day, and if any person carries on any such trade or business in contravention of this section, this Act shall apply as if he were the occupier of the shop or commercial establishment which was being kept open in contravention of this Act.
COMMENTS This section prohibits absolutely the carrying on of any retail trade or business of any class whatsoever near any shop or commercial establishment, by any person whatsoever, (a) at any time before the opening hours and after the closing hours, or (b) on any close day notwithstanding whether he be the occupier or owner of a shop or commercial establishment or a third person. If any person carries on any retail trade or business near any shop or commercial establishment on a close day or before the opening hours or after the closing hours, whether such business be of a class or nature of the trade or business usually carried on in such shop or commercial establishment or not, he shall be deemed to be the occupier of such shop or commercial establishment who has kept the same open before the opening hours and after the closing hours or on a close day as the case may be, and shall be liable to be punished under section 40 of the Act.