The shops and commercial establishments Act is enforced in every state, and from time to time, amendments are made. This Act provides for the regulation of conditions of work and employment in these establishments. The Labour Department of every state guides it. This is one of the oldest departments of the government carrying out the responsibilities of labor welfare and maintenance of smooth industrial relations.
Shops by definition mean any premises where any trade or business is carried on or where services are rendered to customers and include offices, storerooms, go-downs, warehouses, whether on the same premises or otherwise, but do not include any shops attached to a factory. This registration empowers smaller shops and retailers, as stated by labour representatives and associations.
Commercial establishments mean a commercial or trading or banking or insurance establishment or administrative service in which persons are employed or engaged in office work, a hotel, restaurant, boarding or eating house, a cafe or refreshment house, a theatre, or even an amusement or entertainment park.
Any person who wishes to own the above-mentioned shops and business shall apply either online or offline to register the establishment within 30 days from starting the business. If all valid documents are found in place, the chief Inspector will issue the registration certificate. the application details the name of the employer and the establishment, the number of employees, the category of the shop, and all relevant details.
Once obtained, the registration certificate should be displayed in a visible place inside the premises of the shop. Usually, this certificate is valid for a 5-year period, after which it is to be duly renewed. If needed, the owner must make changes in the address, ownership, or employee database.
Documents to be submitted for registration:
- Identity or Address proof of the owner like the Aadhar card, Driving license, or the voter’s ID,
- PAN card of the Proprietor
- Passport size photo of the proprietor
- SOP or commercial establishment address proof.
- A photograph of the commercial establishment along with the owner
- A rent agreement in case of a rented property.
- Incorporation certificate or the Memorandum of Article
- Authorization letter for an authorized signatory or Self-attestation letter in case of the owner.
- Utility Bill.
- Challan or Payment receipt.
- Cancelled cheque
- Detailed bank statement
- Duly filled registration form signed by the owner
The application form will also require the owner to mention the type of establishment and date of business commencement. In case of closure of the establishment, it is necessary to surrender the certificate to the registration authority. The certificate or the shop license is the basic document required to be obtained by any such business. It is considered proof of incorporation of commercial establishments. Not only this, but most of the banks will also require a copy of this certificate as a mandatory document before considering the loan application by these shops.
Benefits of registration:
- There are several benefits for the small businesses if this unorganized sector also keeps the welfare of the employee community at the forefront
- There is legal validation to conduct the business once registered under the jurisdiction of the Shop and Establishment Act. This gives them access to clear and hassle-free functioning
- According to the rules of the Reserve Bank of India, it is mandatory to open a bank account in the name of the establishment for which a copy of the certificate is needed
- The establishments gain access to frequent checks by the municipal council, which helps the shops keep quality control checks and keep up the standards
- The government offers several useful schemes and subsidies for the smooth functioning of the businesses only if the shop and establishment certificate is procured
- By building prosperous and good relations between the labour and the management, the act strengthens the people
This registration process not only approves the businesses but also helps in protecting the employees and their rights. Improving the workload and efficiency of the country by boosting the services, the registration demonstrates to empower the labour. Certification of the business makes it a legal and qualified party to avail of all the aid processed by the government.
Under the labour laws, this establishment is entitled to:
- Quick settlement of disputes
- Healthcare facilities for the industrial workforce
- Technology and skill upgradation
- Vigilance against child labour
- Training facilities for better employability
- Monitoring and evaluating workplace safety
- Comprehensive quality health care and welfare measures
- Social security schemes
- Efficient, transparent, and responsive administration
The Shops and Establishment Act is applicable to all Indian states, but it is tailored and modified depending on the state government. For example, this is valid for a lifetime in some states, while others issue it for 5 years. The latter holds up for renewed registration after the said extent of time. Only shop and market-related stores are under the act of the Indian Government. Those who run a business at home without an actual store or building for marketing, which includes e-commerce enterprises, will also need to attain this certificate.
As per the law, shops of any kind must register under the government within 30 days of starting the business irrespective of being functional or not. Getting it will help in availing facilities like working loans, OD limit, and more. In the area notified as per the State government, the contractor of the enterprise must get a license. Based on the services provided to the customers, shops are set apart from other establishments.
Shops and establishments of all orders must get a certificate for added benefits gained. And if any situation should be closed down, that must be notified to the chief inspector of the region. After verification, a digital sign on the cancellation certificate is given. Valid proprietorship of the commerce business in most states is given under this registered act. It helps in adapting the working conditions for all employees at work, thus helping the owner. Accommodating the needs of all establishments falling under this act, the government hopes to assist all employees.
Shop and Establishment Certificate State Wise Website List:
1. Andhra Pradesh – https://onlineap.meeseva.gov.in/CitizenPortal/userinterface/citizen/Home.aspx
2. Arunachal Pradesh –
3. Assam – https://firebasestorage.googleapis.com/v0/b/firebase-greythr-website.appspot.com/o/flamelink%2Fmedia%2Fpublic%2F1c%2F1e%2F1c1e045b-be33-4758-80ac-acca5ee6690e%2Fassam_shop_estabilished_act_and_rules.pdf?alt=media
4. Bihar – https://serviceonline.bihar.gov.in/
5. Chhattisgarh – https://prsindia.org/files/bills_acts/acts_states/chhattisgarh/2018/Act%2021%20of%202018%20CHH.pdf
6. Goa – https://goaonline.gov.in/Appln/Uil/DeptServices?__DocId=LEM&__ServiceId=LEM37
7. Haryana – https://hrylabour.gov.in/shops/front/shop_terms
8. Himachal Pradesh – https://himachal.nic.in/index1.php?lang=1&dpt_id=14&level=1&sublinkid=647&lid=856
9. Jharkhand – https://shramadhan.jharkhand.gov.in/shopRegistrationTermsCondition.action
10. Karnataka – http://220.127.116.11/ekarmika/static/Home.aspx
11. Kerala – https://peedika.kerala.gov.in/Acts.php
12. Madhya Pradesh – http://www.labour.mp.gov.in/labourcommissioner/staticpages/registrationdocuments.aspx
13. Maharashtra – https://mahakamgar.maharashtra.gov.in/lc-registration-of-shops-and-establishments.htm
14. Manipur – http://www.manipurlabour.in/dlc/act-rules
15. Meghalaya – https://meglc.gov.in/acts/Meghalaya%20Shops%20and%20Establishment%20Act%202004.pdf
16. Mizoram – https://lesde.mizoram.gov.in/page/mizoram-shop-establishment-rules-2011
17. Nagaland – https://labour.nagaland.gov.in/nagaland-shops-establishments-act-1986/
18. Odisha – https://labdirodisha.gov.in/?q=node/98
19. Punjab – https://pblabour.gov.in/LicenceDescriptions/Details/5
20. Rajasthan – https://labour.rajasthan.gov.in/RulesShop.aspx
21. Sikkim – https://labour.sikkim.gov.in/Uploads/LawsAndForms/308181AC-4085-44CD-B49B-0CAF52290961.pdf
22. Tamil Nadu – https://labour.tn.gov.in/services/Applicants/applicantRegistration
23. Telangana – https://labour.telangana.gov.in/home.do
24. Tripura – https://labour.tripura.gov.in/node/131
25. Uttarakhand – https://uklabouracts.in/ShopAct/frm_ShopRegistration.aspx
26. Uttar Pradesh – https://labour.uk.gov.in/files/U.P-Dookan-Aur-Vanijya-Adhishthan-Adhiniyam-1962_1.pdf
27. West Bengal – https://wblc.gov.in/sites/default/files/upload/content_act_rule_pdf/The%20West%20Bengal%20Shops%20&%20Estt.%20Act,%201963.pdf
28. Gujarat – http://www.ifp.gujarat.gov.in/
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