May 18, 2022
The Shops and Establishments Act regulates the work conditions and ensures the workers’ rights are protected. When an entity employs people who may be casual workers, full-time employees, contract-based etc., it is mandatory to get registered under the Shops and Establishments Act, also known as Shop Licence. Financy Anzalist expert will help you carry out all the formalities with ease.
The Delhi Shops and Establishments Act, applied to all shops, establishments and commercial establishments operating within the State of Delhi.
The Delhi Shops and Establishments Act defines a “shop” as:
“”shop” means any premises where goods are sold either by retail or wholesale or where services are rendered to customers and includes an office, a store-room, godown, warehouse or workhouse or workplace, whether in the same premises or otherwise, used in or in connection with such trade or business but does not include a factory or a commercial establishment.”
The Delhi Shops and Establishments Act defines an “establishment” as:
“”establishment” means a shop, a commercial establishment, residential hotel, restaurant, eating-house, theatre or other places of public amusement or entertainment to which this Act applies and includes such other establishment as Government may, by notification in the Official Gazette, declare to be an establishment for the purpose of this Act.”
The Delhi Shops and Establishments Act defines a “commercial establishment” as:
“”commercial establishment” means any premises wherein any trade, business or profession or any work in connection with, or incidental or ancillary thereto is carried on and includes a society registered under the Societies Registration Act, 1860 (21 of 1860), and charitable or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with, or incidental or ancillary thereto, journalistic and printing establishments, contractors and auditors establishments, quarries and mines not governed by the Mines Act, 1952 (35 of 1952), educational or other institutions run for private gain, and premises in which business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on but does not include a shop or a factory registered under the Factories Act, 1948 (43 of 1948), or theatres, cinemas, restaurants, eating houses, residential hotels, clubs or other places of public amusements or entertainment.”
As per the Delhi Shops and Establishments Act, it states that no adult requires to work for more than nine hours on any day or 48 hours in any week. For any work in excess of nine hours on any day or more than 48 hours in any week, must pay them overtime wages.
Further, the period of work of an adult employee must be so fixed that no period of continuous work shall exceed five hours and that no employee shall be required or allowed to work for more than five hours before he had an interval for rest and meals of at least half an hour.
In the State of Delhi, no child shall be required or allowed to work whether as an employee or otherwise, in any establishment notwithstanding that such child is a member of the family of the employer. Also, it does not permits young person to work about the business or an establishment for more than six hours a day.
Every employee working for a shop or establishment in Delhi should be allowed at least twenty-four consecutive hours of rest (weekly holiday or close day) every week. In addition to the close day, every shop and commercial establishment shall remain closed on three of the National holidays each year as the Government notification in the Official Gazette.
Q. What is the objective of the Shops & Establishments Act?
Every Indian state has enacted specific rules and regulations concerning conditions of work. The objective is to secure uniform benefits for employees working in different establishments, from shops, commercial establishments, and residential hotels to restaurants, theatres, and other public amusement or entertainment places.
Q. When is a Shops and Establishments Act license required?
All Shops & establishments must register compulsorily under Shop & Establishments Act as soon as they commence work. This is a basic license that needs to be applied within 30 days. This license will be required for the application of many other licenses also. For example, Banks will ask this license for Current account opening purposes.
Q. What are the records to be maintained under the Shops and Establishment Act?
For Shop and Establishment Act, every business has to seek approval from the Department of Labour and keep up-to-date registers regarding every employment detail. The details related to salary payments, deductions and advances, holidays & fines. The requirements differ from state to state. Files related to leaves and annual holidays of the employees need to be submitted along with the total number of employees to the office of the Municipal Corporation annually.
Q. Our’s will be a registered private limited company having registered office in Karnataka. Do we also need to get Shop License?
The shop & establishment act applies to every office and shop where commercial activities are carried on even on employing one employee. Your Office /Corporate office will be covered under the Shop & Establishment Act. And the provision of leave and other rules shall be applicable, even when your company is registered under the Companies Act.
Q. Which are the specific cities where the service will be delivered?
The service is state specific in case you need a shop license and will be rendered only in specific cities being Mumbai, Gurgaon, Hyderabad, Kolkata, Jaipur, Surat, Bangalore, Chandigarh, Pune and Delhi.
Q. What are the government fees applicable for registration under Shop and Establishment Act?
These are the government fees applicable for registration under Shop and Establishment Act. These depend on the state and the number of employees.
???? Andhra Pradesh
0 Employees: Rs. 30;
1 to 5 employees: Rs. 100;
6 to 10 employees: Rs. 200;
11 to 20 employees: Rs. 1000
???? Delhi
0 Employees: Rs. 5;
1 to 10 employees: Rs. 15;
10 to 25employees: Rs. 30;
25 and above employees: Rs. 50
???? Madhya Pradesh
0 Employees: Rs.100
1 to 3 employees: Rs.150;
3 to 10 employees: Rs. 200;
More than 10 employees: Rs. 250
???? Maharashtra
0 employees: Rs. 100;
1 to 5 employees: Rs. 300;
6 to 10 employees: Rs. 600;
11 to 20 employees: Rs. 1000;
21 to 50 employees : Rs. 2000;
51 to 100 employees : Rs.3500;
101 or more: Rs. 4500
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