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Shop and Establishment Act License Registration
Shop and Establishment Act
The Shop and Establishment Act is a state law that regulates the working conditions for employees in shops and commercial establishments. Each state has their own version of the Act, but the general provisions are the same across all states. The Labour Department in each state is responsible for enforcing the Act. The Act applies to all shops and commercial establishments operating within the state, and registration under the Act may vary slightly from one state to another.
The Act defines shops as places where goods are sold or services are provided, including offices, godowns, storerooms, and warehouses used in connection with the trade or business.
Commercial establishments are defined as commercial, banking, trading, or insurance establishments or administrative services where office work is done, including hotels, restaurants, cafes, theatres and other places of public entertainment or amusement. Factories and industries are not covered by the Act, but are regulated by the Factories Act, 1948 and Industries (Development and Regulation) Act 1951.
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Shop and Establishment Act License Registration
The Shop and Establishment Act requires all covered shops and commercial establishments to apply for registration with the state government. This includes businesses run from home and e-commerce businesses. Obtaining a Shop and Establishment Registration Certificate or Shop License is mandatory under the Act. This applies to proprietors who run a business from home without a physical store or premises, and online businesses or e-commerce stores. Establishments must register within 30 days of starting their business. The Certificate or Shop License serves as a basic registration or license for the business and is required for obtaining other business licenses and registrations. It also serves as proof of incorporation and is necessary when applying for loans or opening a bank account.
The Shop and Establishment Act Regulations
The Shop and Establishment Act regulates various aspects of employment for shops and commercial establishments. Some of these include:
- Restrictions on working hours, annual leave, and weekly holidays.
- Regulations regarding payment of wages and compensation.
- Prohibitions on employing children and women or young persons during night shifts.
- Enforcement and inspection procedures.
- Requirements for breaks and rest intervals.
- Opening and closing hours for businesses.
- Record keeping obligations for employers.
- Provisions for dismissal of employees.
Process to register under Shop and Establishment Act
The process for obtaining a Shop and Establishment Registration Certificate varies by state and can be done either online or offline.
To obtain the certificate online:
- The business owner must visit the state’s Labour Department website.
- Fill out an application form.
- Upload necessary documents.
- Pay the required fee.
- Once the application is approved, the certificate will be issued to the business owner.
To obtain the certificate offline:
- The business owner must fill out an application form.
- Submit it to the Chief Inspector of the relevant area along with the required fee.
- The Chief Inspector will review the application and issue the certificate if everything is in order.
The application form includes details about the business, such as:
- The owner’s name.
- Address.
- Category of the establishment.
- Number of employees.
- Other relevant information.
The certificate needs to be renewed before it expires, and the validity of the certificate varies by state. Some states issue certificates that are valid for life, while others issue certificates that are valid for one to five years.
Documents Required
The documents required for obtaining the shop and establishment registration certificate are as follows:
- Shop or Business Establishment address proof
- ID proof of the applicant
- PAN of the Applicant
- Details of the employees
- Payment challan
- Additional business licenses necessary for starting the business, if any