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Shop and Establishment Registration
The Shop and Establishment Registration is a state-based registration which may differs from State to State. Every entity established with the commercial purpose, including trading and service firms, restaurants, coffee house or hotels and also the place of public amusement must obtain this registration. Generally, the time limit provided for the registration is 30 days from the date of establishment.
The main object is to govern and improve the working conditions and secure the benefits and rights of the workers / employees. The license would work as proof of commercial activities for many other registrations and is also helpful for opening a bank account.
ComplianceIndia can help you obtain your Shop and Establishment Registration quickly and hassle-free.
Advantages of Shop & Establishments Registration
Legal Entity Proof
Smooth Inspections without any hassles
Avail Government Benefits and Schemes
Legal Right of Conducting Business
Banking Account for Business
Lifetime Validity of Certificate
Liability for Shop and Establishment Registration
Shop and Establishment registration is applicable to all commercial establishment which includes shops, offices, schools, hospitals, societies, charitable trusts, educational institutions which operate for the motive to earn profits.
However, factories are not covered by the shops & establishments Act and are regulated by the Factories Act, 1948.
Time limit for Shop and Establishment Registration
This registration is mandatory for every business place of work except those who falls under Factories Act 1948. Within 30 days of commencement of work, it is mandatory for every shop and establishment to register itself under Shop & Establishment Registration.
How we Work?
Documents required for Shop and Establishment Registration
Comparison with other forms of Business
|Parameters||Shop & Establishments Registration||MSME Registration||GST Registration||Importer Exporter Code||Professional Tax Registration|
|Applicable to||Applicability defers based on State Act||All Micro, Small and Medium Enterprises||Businesses exceeding a prescribed threshold for turnover||All importers and exporters||Applicability defers based on State Act|
|Regulatory body||Municipal Corporation||Central Government||State and Central Government||Central Government||State Government|
|GET STARTED||KNOW MORE||KNOW MORE||KNOW MORE||KNOW MORE|
Frequently Asked Questions
1. What is the objective of the Shops & Establishments Act?
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.
2. What is mean by Establishment for Shop Act Registration/Intimation?
“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.
3. What is Shop under Shop and Establishment 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.
4. What is Commercial Establishment under Shop and Establishment Act?
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.
5. Whom Shop Act Application is Applicable?
Shops Act Application is mandatory in some cases for businesses, as long as they qualify as an “Establishment” under the Shops and Establishment Act.
6. What types of premises are governed by the Shop 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.
7. Is there a single law for the entire country?
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.
8. What Is Intimation Receipt?
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
9. Is the Act applicable to the establishments of the Central Government and the State Government?
The establishment of the Central Government and the State Government are exempted from all provisions of the Act.
10. Does a business operating without any workers require the registration?
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.
11. Whether a separate registration for the branch is required?
Yes, each branch is to be registered separately irrespective of the jurisdiction of the authority.
12. Whether the premise will be verified by the concerned officer?
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.
13. Whether shop and establishment registration application can be made online?
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.
14. What are the records to be maintained under Shop & Establishment Act?
Various registers giving details of employment, fines, deductions and advances, salary, holidays, etc. should be maintained at the premises under this Act.
15. What if the shop has to be closed after registration?
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.