Shop & Establishment Registration In Maharashtra

Shops and Establishment Registration in Maharashtra

If you are starting a shop, office, commercial establishment, restaurant, eating house, hotel, theatre or any business establishment in Maharashtra, Shop and Establishment Registration/Intimation is the approval you will need to obtain under the Maharashtra Shops and Establishments Act. Here’s everything you need to know.

Shop and Establishment Registration is a statutory registration issued for an establishment, which contains details of the employer, manager, establishment name, business address, nature of business, number of workers, supporting documents, self-declaration and so on. The registration is governed under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017.

The Act extends to the whole of the State of Maharashtra. The provisions of the Act, except section 7, apply to establishments employing ten or more workers, and section 7 applies to establishments employing less than ten workers.

What is Shop and Establishment Registration?

Shop and Establishment Registration is a statutory registration required for shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments.

It is one of the most essential registrations required by businesses operating in Maharashtra. It records the basic details of the establishment, employer, manager, nature of business and workers employed in the establishment.

For establishments employing ten or more workers, Registration Certificate is required. For establishments employing less than ten workers, Intimation Receipt is required.

Which law governs Shop and Establishment Registration in Maharashtra?

Shop and Establishment Registration in Maharashtra is governed under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017.

The Act was enacted to regulate conditions of employment and other conditions of service of workers employed in shops, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments.

Applicability of Shop and Establishment Registration / Intimation

The applicability depends upon the number of workers employed in the establishment.

If at any point of time the number of workers engaged in an establishment having Intimation becomes ten or more, then all provisions of the Act shall apply to such establishment and the employer shall have to obtain registration.

Meaning of Establishment

Establishment means an establishment which carries on any business, trade, manufacture, journalistic or printing work, banking, insurance, stocks and shares, brokerage, produce exchange, profession or any work connected with or incidental to business, trade, profession or manufacture.

It also includes establishments of medical practitioners, hospitals, dispensaries, clinics, polyclinics, maternity homes, architects, engineers, accountants, tax consultants and other technical or professional consultants.

It further includes societies, charitable trusts, shops, residential hotels, restaurants, eating houses, theatres and other places of public amusement or entertainment, where the Factories Act does not apply.

Meaning of Shop

Shop means any premises where goods are sold, either by retail or wholesale, or where services are rendered to customers.

It includes office, store-room, godown, warehouse or workplace used in connection with such trade or business, but does not include a factory.

Who is required to apply?

The employer of every establishment is required to apply for registration or intimation, as applicable.

Employer means a person owning or having ultimate control over the affairs of the establishment.

Availability of Shop and Establishment Registration: Timeline and Process

The employer is required to submit the online application along with prescribed fee, self-declaration and self-certified documents.

On receipt of the application, documents and fees online, the Facilitator registers the establishment and issues the Registration Certificate online along with Labour Identification Number.

Shop and Establishment Registration Process in Maharashtra

Step 1 - Requirement Check

CharteredONE first checks whether the establishment requires Intimation or Registration based on the number of workers engaged in the business.

The business type, place of operation, employee count and applicable form are verified before starting the application.

Step 2 - Document Collection

The required documents are collected from the applicant, including Aadhaar, business address proof, establishment photo, Marathi name board photo, ownership / rent documents, consent letter and other business-specific licences, wherever applicable.

The documents are reviewed to ensure that the application does not face rejection due to mismatch, missing proof or incomplete details.

Step 3 - Application Preparation

CharteredONE prepares the online application with details of the employer, establishment name, business address, nature of business, date of commencement and number of workers.

The applicable self-declaration and supporting documents are arranged in the prescribed manner.

Step 4 - Online Filing

The application is filed online through the applicable Maharashtra Labour Department / portal process.

The required documents are uploaded, the form is submitted and the acknowledgement / application status is tracked until approval.

Step 5 - Certificate/Intimation Support

After approval, the Registration Certificate or Intimation Receipt is downloaded and shared with the applicant.

CharteredONE also guides the business regarding name board compliance, change application, renewal, closure intimation and other continuing compliance requirements, wherever applicable

Structure of Shop and Establishment Application

The application contains details of the employer, manager, establishment, business activity, workers and supporting documents.

Part A - Employer and Establishment Details

This part contains the basic details of the person having control over the establishment and the establishment for which registration is required.

Part B - Business and Worker Details

This part ensures that the authority receives complete particulars regarding business activity and number of workers employed.

Part C - Declaration and Documents

This part contains self-declaration and self-certified documents.

The employer is required to confirm that the particulars furnished in the application are true and correct.

Renewal of Registration Certificate

A Registration Certificate may be valid for such period as requested by the applicant, subject to maximum period of ten years.

The application for renewal should be submitted online not less than thirty days before the date of expiry of the Registration Certificate.

If the renewal application is submitted after expiry but within thirty days after expiry, additional late fee equal to half of the renewal fee is payable.

Change in Registration Details

It is the duty of every employer to notify online to the Facilitator any change in the particulars contained in the application.

The notice of change has to be filed in the prescribed form within the prescribed period after the change has taken place.

On receiving the notice, prescribed fees, self-declaration and self-certified documents, the Facilitator makes the change in the register of establishments and issues a fresh Registration Certificate online.

Closure of Establishment

The employer is required to notify the Facilitator within thirty days from the date of closing of business.

After receiving the closure information and after being satisfied about its correctness, the Facilitator removes the establishment from the register of establishments and cancels the Registration Certificate.

For establishments employing less than ten workers, the employer is also required to notify the Facilitator within thirty days from the date of closing of business.

Cancellation of Registration

If it is found that registration has been obtained by misrepresentation, suppression of material facts, false documents, forged documents, false declaration or fraud, the Facilitator may cancel the registration.

Before cancellation, the employer is required to be given an opportunity of being heard.

After cancellation, the establishment is removed from the register of establishments.

Key Compliance Requirements under Shop & Establishment Act

Working Hours and Weekly Hours

No adult worker shall be required or allowed to work in any establishment for more than nine hours in any day and forty-eight hours in any week.

No adult worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour.

Opening and Closing Hours

The State Government may fix opening and closing hours of different classes of establishments, premises, shopping complexes, malls, areas or for different periods by notification in the Official Gazette.

Women Workers

No woman worker shall be discriminated against in the matter of recruitment, training, transfers, promotion or wages.

A woman worker may work during night hours only with her consent and subject to adequate protection of dignity, honour and safety, protection from sexual harassment and transportation from the establishment to the doorstep of her residence as prescribed.

Spread Over and Overtime

The spread-over of a worker shall not exceed ten and half hours in any day.

In case of intermittent nature of work or urgent work, the spread-over shall not exceed twelve hours.

Where a worker is required to work beyond nine hours a day or forty-eight hours a week, overtime wages are payable at twice the ordinary rate of wages.

The total number of overtime hours shall not exceed one hundred and twenty-five hours in a period of three months.

Weekly Holiday

Every worker shall be allowed weekly holiday of at least twenty-four consecutive hours of rest.

If a worker is required to work on a day of rest, the worker shall be entitled to wages at twice the ordinary rate of wages.

If a worker is denied weekly holiday, compensatory leave in lieu thereof shall be given within two months.

Identity Card

The employer is required to furnish an identity card to every worker.

The identity card should contain the name of the employer, name and postal address of the establishment, name and age of the worker, date of joining, department, nature of work, designation, signature of employer or manager, blood group and Aadhaar Card number.

Leave and Holidays

Every worker shall be allowed weekly holiday with wages.

Every worker is entitled to eight days casual leave with wages in every calendar year.

Every worker who has worked for two hundred and forty days or more during a calendar year is entitled to earned leave in the subsequent calendar year.

Every worker is also entitled to eight paid festival holidays in a calendar year, including 26th January, 1st May, 15th August and 2nd October and four other festival holidays as agreed between employer and workers.

Welfare Provisions

The employer is required to take measures relating to health and safety of workers, including cleanliness, lighting, ventilation and prevention of fire.

The employer is required to provide first-aid facilities, wholesome drinking water, latrines and urinals for men and women.

In every establishment where fifty or more workers are employed, a suitable crèche facility is required.

In establishments where not less than one hundred workers are employed, canteen facility may be required as prescribed.

Registers, Records and Annual Return

Every employer is required to maintain prescribed registers and records.

The records may be maintained electronically or manually.

At the time of inspection, hard copy of such records, if demanded, should be submitted duly signed by the employer or his representative.

The employer is also required to furnish annual return in prescribed form and manner, including electronic form.

Inspection and Facilitator

The State Government may appoint Chief Facilitator and Facilitators for implementation of the Act.

The Facilitator may advise employers and workers and provide information for effective compliance.

The Facilitator may inspect establishments as per the inspection scheme and may examine premises, registers, records, notices and other relevant documents.