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Shop And Establisment Registration

Shop and Establishment Registration is covered under Shop and Establishment Act which is under the State Legislation and each state has its own rules and regulations for the same. Rules for registration under Shop and Establishment Act are framed by the respective state governments due to which they differ from one state to another and the rules of that state need to be followed in which the enterprise is located/proposed to be located.

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Benefits

Recognized Business

The registration under this act helps in getting Recognized as a Registered Business Unit.

Bank Account

It provides ease of getting a Current Account opened with the Bank. Many banks consider this registration for the current account opening in the name of the firm.

Protection of Rights

Shop and Establishment Act is applicable all over India. The main objective of the Act is to protect the rights of both the employer and the employee.

Trust

It Increases the trust of the customers on account of a certified registration.

Regulation

It regulates payment of wages, hours of work, terms of service, wages for holidays, leave policy, work conditions, overtime work, intervals for meal and rest, prohibition for the employment of children.

Sole Proprietorship

There is no separate registration for sole proprietorship. Thus, sole proprietors can take registration under Shop & Establishment to give legal identity to their business.

Procedure

The process of Registration under Shop and Establishment Act differs from state to state, a general process that needs to be followed is:

Details pertaining to the Establishment need to be filled in Form 1 such as Name, Classification, Category and Address of Establishment.

Details pertaining to the employees also need to be filled.

Form needs to be submitted with various documents which serve as a proof in relation to the authenticity of the work carried on by the establishment.

On receipt of the application, the inspector needs to check the details, may visit the establishment for verification, and on satisfaction, provide a Registration Certificate under the Act.

Who should get this registration?

All the commercial establishments such as hotels and eateries, amusement parks, theatres, restaurants, entertainment houses etc. are covered under the Act to obtain registration.

Why should you get this registration?

Application for registration under the Act needs to be made within 30 days of the commencement of a commercial establishment or a shop. The non-registration will attract the penalties under the Shop & Establishment Act. The penalty amount varies from state to state.

Documents/ Details required for
Shop And Establisment

Passport Size Photograph

Passport size photograph of the Applicant.

Photo of the Shop/Establishment

Photo of the Shop/Establishment with the Owner.

Name of Establishment

Name of the Establishment.

PAN of Establishment

PAN of the Establishment.

Address Proof

Address Proof of the Establishment.

Rent Agreement

Rent Agreement, if the property is rented.

Details of Employees

Details of Employees, their wage rates, and the company.

List of Management

List of Management Employees and Directors, if applicable.

Copy of ID Proof

Copy of ID Proof of the Owner.

Partnership deed

Partnership deed, MOA/AOA of the entity.

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Frequently asked questions

Everything you need to know about the product and billing.

Shop/Establishment needs to register itself compulsorily under this Act within 30 days of commencement of the business/work.

Under the Shop and Establishment Act, every business has to seek approval from the Department of Labour and keep up-to-date registers regarding details of employment, fines, deductions and advances, salary and holidays. The requirements may vary from state to state. Files related to annual holidays and the number of employees need to be submitted to the office of the Municipal Corporation annually.

Government fees are applicable for registration under the Shop and Establishment Act. It depends on the state and the number of employees.

As the establishment of the employer is already registered, he has to only notify the Inspector under section 8 of the Act, the change that he has started a new business in addition to the original business on the same premises.

As per the Act, ‘Commercial Establishment’ means:

Any commercial sector, such as banking, trading or insurance establishments.
Any establishment where individuals are employed or engaged to do office work or provide service.
The hotels, eateries and boarding houses or smaller café or refreshment house.
Amusement and entertainment places such as theatres and cinema halls or amusement parks.

All these commercial establishments come under the purview of the Act and need to adhere to the norms and regulations set by the Act for treatment of their employees. The exceptions, if any, from complying with the provisions of the Act vary from State to State.

The shop & establishment act is applicable to every office and shop where commercial activities are carried on even on employing one employee. Corporate offices are also covered under the Shop & Establishment Act and the provision of leave and other rules are applicable, even when the company is registered under Companies Act.

If such a shop or commercial establishment is not connected with the manufacturing process of the factory, the provisions of the Act will apply to it. Otherwise, the provisions of the Factories Act will apply to it.