Shop Act Registration

Shop Act Registration Process ?

Shop act registration process in Maharashtra required important documents of company as well as employer. Shop Act registration Charges of government fees depends on number of employees and period applied for Shop Act Registration. For Establishment company having employees below 10 ( Ten ) need not to apply for registration, however such establishments need to given intimation to Jurisdictions about the number of employees,nature of business and business start date and other such important details. For violation of this Act, penalty may be applicable upt to 1 Lac. Shop Act registration process in simple which need important documents of company. Shop Act renewal need to completed within 30 days from the date of expiry of original shop Act else late fees shall be applicable.

Time Line to Apply for Shop Act Registration?

As per Section 6 of Shop & Establishment Act the date on which person or company start business and employing more than 10 employees shall make application to department for Shop Act Registration.

Does Shop Act Required for Company having employees below 10 ?

No, Shop Act registration is not compulsory for business / companies who is having number of employees below 10 numbers. Hence no registration required. However intimation is required. Employer who having less than 10 employee shall give intimation of commencement of business to Local Jurisdiction of Shop Act department. Intimation shall be a companied with details of Name of employer , number of employees , nature of businessand other details.

What if Number of Employees Increase more than 10 ?

During the year where number of employees increases more than 10 then company shall make suitable application to department. As per section 6 , where employees increases more than 10 then company shall apply for registration.

What does Shop Act registration Contain?

In a simple terms the registration certificate contains Name of Company , Postal Address of Company , Name of Employer, Nature of business and other details.

Validity of Shop Act Registration License ?

A Shop Act License granted under sub-section (2) shall be valid for such period as may be requested by the applicant and specified therein subject to a maximum period of ten years.

Renewal of Shop Act Registration ?

Company can submit application for renewal of Shop Act registration in not less than 30 days from the date of expiry along with applicable registration fees. In case Shop Act is not renewed 30 days then company shall pay late fees along with the application fees. Late fee equal to half of the fee payable shall be applicable if license not renewed in due time. Hence company need to keep update about the renewal period for Shop Act license.

The penalty for contravention of Shop Act

  1. Whoever, contravenes the provisions of this Act or the rules made there under shall be punishable with fine which may extend to liable to a fine of Rs 100,000 and in the case of a continuing contravention, with an additional fine which may extend to two thousand rupees for every day during which such contravention continues :
    Provided that, the total amount of fine shall not exceed two thousand rupees per workers employed.
  2. ) If any person who has been convicted of any offence punishable under sub-section (1) is again guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be punished on a subsequent conviction with fine which may extend to two lakh rupees :
    Provided that, the total amount of fine shall not exceed two thousand rupees per workers employed.

Prohibition of discrimination against woman worker

No woman worker shall be required or allowed to work in any establishment except between the hours of 7 a.m. and 9-30 p.m. Provided that, the woman worker with her consent, shall be allowed to work during 9-30 p.m. and 7-00 a.m. in any establishment in which adequate protection of their dignity, honor and safety,protection from sexual harassment and their transportation from the establishment to the doorstep of their residence as may be prescribed are provided by the employer or his authorized representative or manager or supervisor.

Over time

Working hours shall not exceed 9 hours per day and 48 hours per week , where such exceed employer must pay employees double their regular wages as over time

Other Safety Measures under Act

  1. First-aid in work place
  2. Provision and maintenance of sufficient and clean drinking water at suitable points, conveniently situated for all persons employed in the establishment;
  3. Provision of washroom facilities for men and women;
  4. Establishments employing 50 or more workers must provide crèche facility for the use of children of such workers; and
  5. Establishments employing 100 or more workers must provide and maintain a canteen for the use of its workers.

For which Organization Shop Act is Not Applicable ?

  1. Establishments of the Central and State Government;
  2. Establishments of Local Authorities;
  3. Establishment of Mumbai Port Trust;
  4. Establishment of Railway Administration;
  5. Offices of Reserve Bank of India;
  6. Offices of the Trade Commissioner and of Consular officers and other Diplomatic representatives of Foreign Government;
  7. Offices of Air Service Companies;
  8. Establishments used for treatment or care of infirm, destitute or mentally unfit;
  9. Establishments pertaining to any kind of educational activities (excepting those where coaching or tuition classes are conducted by individual persons or any institutions other than those,—
  10. High Court Law Libraries and other Courts Law Libraries

Check List of Document for Shop Act Registration

  1. PAN
  2. Address Proofs
  3. Passport Size Photo
  4. Company Documents : AOA & MOA / Partnership Deed
  5. Image of Establishment
  6. Address proof of company