The Shop And Establishment Act In India – At A Glance
- A state legislation
- SHOP AND ESTABLISHMENT ACT in india
An enacted by every state of India and is applicable nationwide to regulate the payment of wages, hours of work, leave, holidays, terms of service, rest interval for employees, national and religious holidays, overtime work, rules for employment of children, annual leave, maternity leave, sickness and casual leave, and other work conditions of people employed in the shop and commercial establishments.
- What comes under the purview of the Shop and Establishment Act ?
All the commercial establishments, such as the hotels, and eateries, amusement parks, theatres, and other entertainment houses, as well as any other such public amusement places etc. including societies, charitable trusts, printing establishments, educational institutions, run for gain and premises in which banking, insurance, stock or share brokerage.
- Objective
1. To provide statutory obligation and rights to employees and employers in the unorganized sector of employment, i.e., shops and establishments.
2. To regulate the conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres and other places of public entertainment.
- Regulatory Authority
Regulated by the Department of Labor and regulates premises wherein any trade, business or profession is carried out.
- Applicability
- When to apply for Registration under Shop and Establishment Act?
Any Commercial Establishment must apply to the Chief Inspector for a Shop and Establishment Act License within 30 days of commencement of establishment.
- Requirements for Registration
Registration under shop and establishment Act is a state matter and may vary from state to state.
| Information Required | Documents Required |
| Name of firm | Aadhar Card / Voter Id / Driving License / PAN |
| Address of Firm | Photo of Owner |
| Name of Manager, if any | Photo of Shop along with Owner |
| Nature of Establishment | Rent Agreement, if Rented |
| Number of Employees in the Establishment | Electricity Bill |
| Day of Holiday Working hours etc | In case of Company / LLP / Registered Firm: Certificate of IncorporationAOA/MOA of the company/ LLP agreement Board Resolution / Consent of Partners List of Directors / Partners with ID Proofs |
- How to Register under Shop and Shop Establishment Act?
- Registration Process: As stated above Registration process is a state matter and may vary from state to state. Many states have online portal to apply for it.
- Here is a brief process for the states not having online facility:
Step 1. Employers must send a statement in prescribed form along with prescribed fee to Inspector, within 30 days of the commencement.
Step 2. Statement must contains the details as per the requirements.
Step 3. Submit all the documents with the Inspector.
Step 4. After verification and satisfaction, Inspector will issue the Certificate.
- Records to be maintained under the Act:
An employer must maintain proper records and registers and this must be kept at the premises of the establishment:
- Registers regarding details of employment, fines, deductions and advances, salary and holidays. However, the requirements may vary from state to state.
- Documents related to annual holidays and number of employees.
- Advantages of the Shops & Establishment Registration
1. Legal Existence
2. Opening a current account with the bank
3. Online Registration – Quick and Easy
4. No Compliance Cost post registration
5. Apply for MSME Registration
- Renewal, Amendment and Closure under the Act:
| Renewal | Amendment | Closure |
| within 15 days of the expiry of the same. | within 15 days from the date on which such changes take place | within 15 days of the actual closure, with an application |
Disclaimer:
IN NO EVENT THE AUTHOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS INFORMATION.
About Author:
CS Lalit Rajput
Partner at Xcede Consultech LLP
Email: lalitrajput537@gmail.com
M. No. : +91 8802581290
Source:
- Shop and Establishment Act of various states
- Model Shops and Establishments Act
- Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016
- PRS India
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