Every Indian state has enacted certain rules and regulations with regard to conditions of work. The objective is to secure uniform benefits for employees working in different establishments, from shops, commercial establishments and residential hotels to restaurants, theatres and other places of public amusement or entertainment.

“Establishment” means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place of public amusement or entertainment to which this Act applies and includes such other establishment as the [State] Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act.

A premises where any trade or business is carried on or where services are rendered to customers. It includes offices or warehouses, whether in the same premises or not, used in connection with such trade or business, but does not include a shop or office attached to a factory within the scope of the Factories.

A Commercial Establishment shall mean a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house etc a cafe or any other refreshment house.

Shops Act Application is mandatory in some cases for businesses, as long as they qualify as an “Establishment” under the Shops and Establishment Act.

Broadly speaking the premises governed by the Act are shops, commercial establishments, residential hotels, clubs, restaurants, eating houses, theatres and other places of public amusement or entertainment.

No, unfortunately. There are different laws for different regions in the country. So in addition to the Bombay Shops and Establishments Act, 2018 which we looked at earlier, there is the Delhi Shops and Establishments Act, 1954 and the Karnataka Shops and Establishments Act, 1961 among many, many others.

The employer of every establishment engaging less than ten workers shall submit an online intimation of commencement of the business along with the required documents. After receiving an Information along with all the documents, a receipt of such intimation in Form ‘G’ shall be issued to the applicant online

The establishment of the Central Government and the State Government are exempted from all provisions of the Act.

YES, whether the operations are employee-driven or not, the business entity must get shop act license subject to the State laws. In most states, the registration is mandatory within 30 days, irrespective of the number of employees. Therefore, the owners must refer to the State law once to determine the Shop & Establishment registration requirement.

Yes, each branch is to be registered separately irrespective of the jurisdiction of the authority.

Physical verification of the premise is not necessary normally. However, the officers are authorized and may come to verify the premise before grating a registration certificate.

In most of the state’s online registration application can be made. However, that is not the case in major jurisdictional authorities. LegalWiz.in can help you for both, online and physical registration application.

Various registers giving details of employment, fines, deductions and advances, salary, holidays, etc. should be maintained at the premises under this Act.

In case the shop or establishment would like to close down the business, the occupier should notify the Chief Inspector in writing within fifteen days of the closing. The Chief Inspector, after reviewing the request for closure can remove the shop or commercial establishment from the register and cancel the registration certificate.