Business-License & Registration

SHOP & ESTABLISHMENT ACT & REGISTRATION: ABOUT: Every state government has its own shop & establishment Act. This Act is regulated by the labor department of the respective state. The Act regulates all the shop and commercial establishments operating within the state. The employer of every shop/establishment is required to get itself registered under this Act within 30 days of commencement of work. Registration under the Shops and Establishment Act in the case of small businesses including proprietorship firms in the unorganized sector serves as proof for the existence of the business. All establishments and businesses, including the people working and maintaining a business from home, must obtain a Shop and Establishment Registration Certificate or Shop License (“Certificate”) under the Act. The proprietors of e-commerce business or online business, or online stores and establishments must register under this Act and obtain the Certificate. Every shop and commercial establishment should register itself under the Act within 30 days of commencement of business whether or not it has employees. Shops are defined as the premises where the selling of goods takes place either by retail or wholesale or where services are rendered to customers. It includes offices, godowns, storerooms, and warehouses used in connection with the trade or business. Commercial establishments are defined as commercial, banking, trading, or insurance establishment or administrative service in which persons are employed for office work. It includes a hotel, boarding or eating house, restaurant, cafe, theatre, or other public entertainment or amusement places. However, factories and industries are not covered by the Act and are regulated by the Factories Act, 1948 and Industries (Development and Regulation) Act 1951. THE SHOP & ESTABLISHMENT ACT among other things regulates the following matters- • Hours of work, annual leave, weekly holidays. • Payment of wages and compensation. • Prohibition of employment of children. • Prohibition of employing women and young persons in the night shift. • Enforcement and Inspection. • Interval for rest. • Opening and closing hours. • Record keeping by the employers. • Dismissal provisions. Documents Required For Shop And Establishment Registration: documents and fees criteria differ from state to state. However, the following are a set of documents, which are almost necessary for every state: The documents required for obtaining the shop and establishment registration certificate is- • Shop or Business Establishment address proof. • ID proof of the proprietor. • PAN Card of the proprietor. • Details of the employees. • Payment challan. • Additional business licenses are necessary for starting the business if any. • Photograph of the Shop/Establishment (Any photo of office, Shops, building, etc.) • Certificate of Incorporation, MOA & AOA of Company / LLP Agreement of LLP • List of Directors or Partners and their ID & Address proof • Copy of Board Resolution or Partners Consent • Proof of address of establishment (Sale deed, rent agreement, NOC) REGISTRATION PROCESS: The registration application form contains the details relating to the name of the employer and establishment, address and category of the establishment, number of employees, and other relevant details as required. The registration application needs to be renewed before the expiry of the period of registration. The validity of the Shop and Establishment Certificate differs from state to state. Some states provide the Certificate valid for a lifetime, while other states provide the Certificate valid for one to five years. The procedure for obtaining the Shop and Establishment Registration Certificate differs from state to state. It can be obtained online or offline. For obtaining the registration certificate online, The proprietor or owner must fill the application form for the registration under the Shop and Establishment Act, upload the documents and pay the prescribed fees. The prescribed fees differ from state to state. For obtaining the registration certificate offline, the registration application is to be filled and submitted to the Chief Inspector of the concerned area along with the prescribed fees. Once the registration form is approved, the registration certificate will be issued to the proprietor or owner of the business. ## There may be complex things that occur during the registration process which is a time-consuming and lengthy process. The legal language of these forms is complex in nature. The government Portal and its functionality are in itself quite challenging. The support of professionals and experts can save your precious business time. Our team of LAW COMPLIANCES, having expertise in all such kinds of matters, will resolve all problems pertaining to registration & compliances and will save your precious time and Money. Working Process: >Choose your Plan and Pay Securely. > Upload required document > An expert will be assigned to you for the procedure of submission of the application. > Our Expert will complete the process required for your work along with the necessary assistance over a call during business hours.   BASIC PLAN: Assistance in obtaining SHOP & ESTABLISHMENT registration. The prescribed fees differ from state to state. You can visit the uplabour.gov.in website directly for SHOP & ESTABLISHMENT registration and renewal for Uttar Pradesh. Service Fees:3499/- excluding all government Fees. Law Compliances can help you in Registration of SHOP & ESTABLISHMENT in 15-20 working days.** ** Time taken for Incorporation will depend on the submission of the relevant documents by the client and also approval from the CONCERNED Government authorities. FREQUENTLY ASKED QUESTIONS (FAQ): WHAT ARE THE KEY POINTS TO BE KEPT IN MIND WHILE APPLYING FOR A SHOP AND LABOR CERTIFICATE? You need to keep the following points in mind – • The certificate should be displayed at a prominent place within the shop. • It should be renewed well before the expiration date. • Any change or updating should be notified to the chief labor inspector • Any person who indulges in behavior prohibited by this act would be liable to punishment under the law. WHAT RECORDS ARE TO BE MAINTAINED BY A SHOP OWNER AFTER REGISTERING? The following record should be maintained – • Working hours. • Rest period • Leave taken • Leave with wages • Fines • Salary 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. 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. So before you register, you need to check the applicable law which affects you. In some cases, a single law may apply across States. Many laws created for the erstwhile State of Bombay apply to Gujarat and the Union Territories nearby. While some states like Manipur have their own Shops and Establishments Acts, some North-East Indian states share a single law for Shops and Establishments Registration. WHAT IS THE 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 Information along with all the documents, a receipt of such intimation in Form ‘G’ shall be issued to the applicant online. ***