Shop Act License

Shop Act License

"In Maharashtra, the term "Shop Act License" typically refers to the registration or license required under the Maharashtra Shops and Establishments Act, 1948. This legislation is designed to regulate the conditions of work and employment in shops, commercial establishments, and other workplaces in the state of Maharashtra."

Some facts about Shop Act License

The Shop and Establishment Act license, commonly referred to as the Shop Act license, is a mandatory registration requirement for businesses operating within the state of Maharashtra, India. Here are some facts about the Shop Act license specific to Maharashtra:

 

  1. Legal Mandate: The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, governs the regulation of shops and commercial establishments in the state. The Act mandates that all shops and establishments must obtain a license from the relevant authorities.

  2. Applicability: The Shop Act license applies to a wide range of businesses, including shops, commercial establishments, hotels, restaurants, cafes, entertainment venues, and other establishments operating within Maharashtra.

  3. Registration Authority: The registration and issuance of Shop Act licenses in Maharashtra are overseen by the Municipal Corporation or Municipal Council of the respective jurisdiction where the business is located.

  4. Registration Process: Business owners must apply for the Shop Act license within 30 days of commencing operations. The application process typically involves submitting prescribed forms along with supporting documents such as proof of identity, address proof, details of employees, and premises documents.

  5. Renewal: Shop Act licenses in Maharashtra are usually valid for a specific period, typically one to three years, after which they must be renewed. Business owners are required to apply for renewal before the expiry date to ensure continuous compliance with the law.

  6. Regulatory Compliance: The Shop Act license ensures that businesses adhere to various regulatory requirements, including working hours, holidays, employment conditions, and safety standards prescribed under the Act.

  7. Penalties for Non-Compliance: Failure to obtain or renew the Shop Act license or non-compliance with its provisions can result in penalties, fines, or legal consequences as prescribed under the Maharashtra Shops and Establishments Act.

  8. Exemptions: Certain categories of businesses may be exempted from obtaining the Shop Act license under specific conditions, such as small-scale industries, businesses operating within specified industrial zones, or businesses with fewer employees.

  9. Digital Initiatives: In Maharashtra, there are efforts to digitize the process of obtaining and renewing Shop Act licenses to streamline registration and improve transparency. Online portals and digital platforms facilitate easier application submission, tracking, and verification of licenses.

  10. Importance: The Shop Act license not only ensures regulatory compliance but also provides legal recognition to businesses, facilitates access to government schemes and benefits, and instills confidence among customers and stakeholders regarding the legitimacy and credibility of the establishment.

 

Documents to be uploaded for New Registration

(1) Adhar card of the employer (in case of legal statute such as company etc. copy of
Adhar card of responsible person under the respective act.)
(2) Actual photo of the establishment displaying the interior and the Name Board
(Marathi) at the appropriate place of the establishment.
(3) Copy of the License, Registration which is mandatory under any other law from
competent authority before starting of such business.
(4) In case of business conducted in owned premises any one of the following:-
         (i) Sale/ Purchase Deed
         (ii) Current Property Tax paid Receipt
         (iii)Current Electricity Bill
         (iv) Current Society Maintenance Receipt
(5) In case of business conducted in rental /leased premises any one of the following
documents:-
          (i) Lease Agreement
          (ii) Leave and License Agreement
          (iii) in case where the possession is held by way of any other order of the
court or order of any competent authority, copy of such order. And
          (iv) Any one document mentioned at Sr. No. 4 with respect to the owner of the
establishment whose premises is rented or leased.
(6) If the place of business is owned or leased or rented by any member of family or
relative No objection letter from such member or relative.
(7) If the place of business is situated in any residential housing society No objection
certificate from the residential society or any such authority responsible for its
maintenance.
(8) All such documents wherever mentioned in the forms.

Documents to be uploaded for Renewal of Certificate of Registration

(1) Adhar card of the employer (in case of legal statute such as company, etc. copy of
Adhar card of responsible person under the respective act.)

(2) Actual photo of the establishment displaying the interior and the Name Board (Marathi)
at the appropriate place of the establishment.
(3) Last Registration Certificate.
(4) Copy of the License, Registration which is mandatory under any other law from
competent authority before starting of such business.
(5) In case of business conducted in owned premises any one of the following documents:-
         (i) Sale/ Purchase Deed
         (ii) Current Property Tax paid Receipt
         (iii)Current Electricity Bill
         (iv) Current Society Maintenance Receipt
(6) In case of business conducted in rental /leased premises any one of the following
documents:-
          (i) Lease Agreement
          (ii) Leave and License Agreement
          (iii) In case where the possession is held by way of any other order of the
court or order of any competent authority, copy of such order. And
          (iv) Any one document mentioned at Sr. No. 5 with respect to the owner of the
establishment whose premises is rented or leased.
(7) If the place of business is owned or leased or rented by any member of family or
relative No objection letter from such member or relative.
(8) If the place of business is situated in any residential housing society No objection
certificate from the residential society or any such authority responsible for its
maintenance.
(9) All such documents as mentioned wherever in the forms.

What is the meaning of Shop Act License?

A Shop Act License, also known as a Shops and Establishment License, is a legal document issued by the respective state government authorities in India. This license is mandatory for any business or establishment operating within the geographical boundaries of a state, with the primary purpose of regulating the conditions of work and employment in commercial establishments.

Here are the key aspects and meanings associated with a Shop Act License:

  1. Regulation of Working Conditions: The Shop Act License is aimed at regulating and ensuring certain minimum standards for the working conditions of employees in commercial establishments. It covers aspects such as working hours, weekly holidays, leave entitlements, overtime provisions, and conditions of employment.

  2. Applicability: The requirement for a Shop Act License applies to various types of commercial establishments, including shops, retail stores, malls, restaurants, hotels, cafes, cinemas, entertainment venues, and other similar businesses.

  3. Legal Compliance: Obtaining a Shop Act License is a legal requirement for businesses operating within the jurisdiction of a state. Failure to obtain the necessary license may result in penalties, fines, or legal action by the authorities.

  4. State-specific Regulations: The regulations and procedures for obtaining a Shop Act License may vary from one state to another in India. Each state has its own Shops and Establishment Act, which outlines the rules and requirements for licensing, registration, and compliance.

  5. Registration Process: To obtain a Shop Act License, businesses typically need to submit an application to the relevant state government authority along with the required documents and fees. The application process may involve verification of details such as business address, ownership, nature of business, number of employees, and compliance with labor laws.

  6. Renewal: Shop Act Licenses are usually valid for a specific period, after which they need to be renewed. Renewal processes may also vary by state, but generally involve submitting updated information and payment of renewal fees.

  7. Inspections and Enforcement: State authorities may conduct periodic inspections of commercial establishments to ensure compliance with the Shop Act regulations. Non-compliance with the provisions of the Shops and Establishment Act may lead to penalties, fines, or closure of the establishment.

Overall, the Shop Act License is an important regulatory requirement aimed at protecting the interests of employees and ensuring fair labor practices in commercial establishments across India.

 
How to apply for Shop Act License in Maharashtra?

To apply for a Shop Act License in Maharashtra, you need to follow these general steps:

  1. Online Application: The Government of Maharashtra has made it convenient for businesses to apply for the Shop Act License online through the MAHAKAMGAR portal. Visit the MAHAKAMGAR portal (https://mahakamgar.maharashtra.gov.in/) to begin the application process.

  2. New User Registration: If you are applying for the license for the first time, you will need to register as a new user on the MAHAKAMGAR portal. Provide the required details and create a username and password.

  3. Login: After registration, log in to the MAHAKAMGAR portal using your username and password.

  4. Fill Application Form: Once logged in, fill out the online application form for the Shop Act License. Provide accurate details about your business, such as the name and address of the establishment, nature of business, number of employees, etc.

  5. Upload Documents: Upload the necessary documents as specified in the application form. Commonly required documents may include identity proof, address proof, proof of ownership/rental agreement for the premises, PAN card, etc.

  6. Pay Fees: Pay the requisite fees for processing the license application. The fee amount may vary depending on factors such as the nature and size of the business.

  7. Submit Application: After filling out the form and uploading the documents, submit the application online through the MAHAKAMGAR portal.

  8. Verification and Approval: Once the application is submitted, it will be processed by the concerned authorities. They may conduct verification checks, if required. If the application meets all requirements and complies with relevant laws and regulations, the Shop Act License will be approved.

  9. Receive License: Upon approval, you will receive the Shop Act License electronically via email or through the MAHAKAMGAR portal. You can download and print the license for your records.

It’s important to ensure that all information provided in the application form is accurate and up-to-date. Any discrepancies or incomplete information may delay the processing of your license application. Additionally, make sure to keep copies of all documents submitted for future reference.

What are the Features of the Shop and Establishment Act?

The Shop and Establishment Act, enacted by state governments in India, governs the operation of shops and commercial establishments in the respective states. While specific provisions may vary slightly from one state to another, the Act typically includes the following features:

  1. Regulation of Working Hours: The Act regulates the working hours for employees in commercial establishments, including the opening and closing hours of shops and the duration of work shifts for employees.

  2. Weekly Holidays: It mandates weekly holidays for employees, typically on Sundays or any other day of the week specified by the employer. Employers are required to provide employees with a mandatory day of rest each week.

  3. Overtime Provisions: The Act outlines provisions for overtime work, including the maximum number of hours an employee can work in a day or week, and the rates of overtime pay for work beyond the standard hours.

  4. Leave Entitlements: It specifies the types of leave entitlements for employees, including annual leave, sick leave, maternity leave, and other types of leave as applicable. The Act may also define the conditions and procedures for availing these leaves.

  5. Employment of Women: The Act includes provisions related to the employment of women, including restrictions on night shifts, provisions for maternity benefits, and safeguards against discrimination in employment.

  6. Child Labor Regulations: It prohibits the employment of children below a certain age and regulates the conditions of employment for adolescent workers, ensuring their safety, health, and education.

  7. Health and Safety Standards: The Act mandates compliance with health and safety standards in commercial establishments, including provisions for fire safety, sanitation, ventilation, lighting, and other workplace conditions.

  8. Registration and Licensing: Commercial establishments are required to register under the Shop and Establishment Act and obtain a license from the respective state authorities. The Act outlines the procedures and requirements for registration and licensing.

  9. Inspections and Enforcement: State authorities are empowered to conduct inspections of commercial establishments to ensure compliance with the provisions of the Act. Non-compliance may result in penalties, fines, or other enforcement actions.

  10. Employee Welfare Measures: The Act may include provisions for employee welfare measures such as provisions for clean drinking water, restroom facilities, and first aid facilities in commercial establishments.

These are some of the key features commonly found in the Shop and Establishment Act across various states in India. However, it’s important to note that specific provisions may vary from state to state, and businesses should familiarize themselves with the requirements of the Act applicable in their respective states.

 
 
 
 
Shop Act licence online registration process in Maharashtra

In Maharashtra, the online registration process for obtaining a Shop Act License (also known as the Shops and Establishment License) can be completed through the MAHAKAMGAR portal. Here’s a step-by-step guide on how to register online for a Shop Act License in Maharashtra:

  1. Visit MAHAKAMGAR Portal: Go to the MAHAKAMGAR portal website: MAHAKAMGAR Portal.

  2. New User Registration: If you are applying for the license for the first time, click on the “New Registration” or “Sign Up” option to create a new user account on the portal. Provide the required details such as your name, email address, mobile number, and create a username and password.

  3. Login to the Portal: Once you have successfully registered, login to the MAHAKAMGAR portal using your username and password.

  4. Application Form: After logging in, you will find options related to various services offered on the portal. Look for the option related to Shop Act License or Shops and Establishment Registration. Click on it to access the application form.

  5. Fill in Details: Fill in the required details in the application form accurately. This includes information about your business, such as the name and address of the establishment, nature of business, number of employees, etc.

  6. Upload Documents: Upload scanned copies of the necessary documents as specified in the application form. Commonly required documents include identity proof, address proof, proof of ownership/rental agreement for the premises, PAN card, etc.

  7. Pay Fees: Pay the requisite fees for processing the license application. The fee amount may vary depending on factors such as the nature and size of the business.

  8. Submit Application: Review the details entered in the application form and ensure accuracy. Once verified, submit the application online through the MAHAKAMGAR portal.

  9. Verification and Approval: The submitted application will be processed by the concerned authorities. They may conduct verification checks, if required. If the application meets all requirements and complies with relevant laws and regulations, the Shop Act License will be approved.

  10. Receive License: Upon approval, you will receive the Shop Act License electronically via email or through the MAHAKAMGAR portal. You can download and print the license for your records.

It’s important to ensure that all information provided in the application form is accurate and up-to-date. Any discrepancies or incomplete information may delay the processing of your license application. Additionally, make sure to keep copies of all documents submitted for future reference.

 
 
 
 
What are the documents required for Shop Act License?

The specific documents required for obtaining a Shop Act License (Shops and Establishment License) may vary slightly depending on the state and the nature of the business. However, in Maharashtra, the following are commonly required documents for Shop Act License registration:

  1. Identity Proof:

    • Aadhaar Card
    • Voter ID Card
    • Passport
    • PAN Card
    • Driving License
    • Any other government-issued photo ID
  2. Address Proof:

    • Aadhaar Card
    • Voter ID Card
    • Passport
    • Utility bills (electricity bill, water bill, etc.)
    • Rent agreement (if the premises are rented)
    • Property tax receipt (if the premises are owned)
  3. Ownership Proof of Premises:

    • Property tax receipt (if the premises are owned)
    • Sale deed
    • Lease agreement or rental agreement (if the premises are rented)
  4. PAN Card of the Business Entity:

    • PAN Card of the proprietor (for proprietorship)
    • PAN Card of the partnership firm (for partnership)
    • PAN Card of the company (for private or public limited companies)
  5. Number of Employees:

    • Details of the number of employees working in the establishment
  6. Nature of Business:

    • Details about the nature of the business conducted in the establishment
  7. Photograph:

    • Recent passport-sized photograph of the proprietor or authorized signatory
  8. Other Relevant Documents:

    • Fire Safety Certificate (if applicable)
    • NOC from the landlord (if applicable)
    • Consent letter from neighbors (if applicable)

It’s important to note that while these are the commonly required documents, the exact requirements may vary based on factors such as the location of the establishment, the type of business, and any additional regulations imposed by the state government. Additionally, it’s advisable to verify the specific document requirements with the local municipal corporation or the concerned licensing authority in Maharashtra before initiating the application process.

 
 
Shop Act License renewal procedure?

The renewal procedure for a Shop Act License (Shops and Establishment License) typically involves the following steps:

  1. Determine Renewal Timeline: It’s essential to be aware of the renewal timeline for your Shop Act License. Licenses are usually valid for a specified period, after which they need to be renewed. In Maharashtra, the renewal period is often every year or as specified by the state government.

  2. Collect Required Documents: Gather the necessary documents for renewal. While the exact requirements may vary by state and municipality, you may need documents such as the original Shop Act License, proof of address, identity proof, and any other documents specified by the licensing authority.

  3. Application Form: Obtain the renewal application form from the concerned municipal corporation office or the online portal provided by the state government. Fill out the form with accurate and up-to-date information.

  4. Attach Documents: Attach the required documents to the renewal application form. Ensure that all documents are properly organized and complete.

  5. Payment of Fees: Pay the renewal fees as prescribed by the state government or municipal corporation. The renewal fee amount may vary based on factors such as the type of establishment and the number of employees.

  6. Submission of Application: Submit the completed renewal application form along with the necessary documents and fees to the concerned municipal corporation office or online portal. Ensure that the application is submitted within the specified renewal timeline.

  7. Verification and Approval: The licensing authority will verify the renewal application and documents submitted. If everything is in order and complies with the requirements, the renewal application will be approved.

  8. Receipt of Renewed License: Upon approval, you will receive the renewed Shop Act License. The renewed license may be issued electronically via email or provided in physical form, depending on the procedure followed by the licensing authority.

  9. Display Renewed License: Display the renewed Shop Act License prominently at the business premises as required by law. Failure to display the license may lead to penalties or fines.

It’s important to initiate the renewal process well in advance of the license expiry date to ensure continuity of legal compliance. Additionally, always keep copies of all documents submitted for renewal for future reference and record-keeping purposes.

 
 
How to download Shop Act License?

To download a Shop Act License (Shops and Establishment License) in Maharashtra, you can follow these steps:

  1. Visit MAHAKAMGAR Portal: Go to the MAHAKAMGAR portal website: MAHAKAMGAR Portal.

  2. Login to Your Account: Log in to the MAHAKAMGAR portal using your username and password. If you don’t have an account, you may need to register and create one.

  3. Navigate to License Section: Once logged in, navigate to the section of the portal where you can access your license information. Look for options related to Shop Act License or Shops and Establishment License.

  4. Locate Your License: Find your Shop Act License from the list of licenses associated with your account. Depending on the portal’s layout, you may need to search or filter to locate your license.

  5. View or Download: Once you’ve located your Shop Act License, there should be an option to view or download it. Click on the appropriate link or button to proceed.

  6. Save the License: After clicking on the download option, your Shop Act License will typically be downloaded to your device in PDF format. Choose a location on your device to save the file.

  7. Check the Downloaded File: Once the download is complete, navigate to the location where you saved the file on your device. Open the PDF file to ensure that the Shop Act License has been downloaded correctly and is legible.

  8. Print the License: If you wish to have a physical copy of the Shop Act License, you can print the downloaded PDF file. Use a printer to print the license on suitable paper for documentation purposes.

  9. Display the License: Once printed, display the Shop Act License prominently at your business premises as required by law. This ensures that the license is visible to employees, customers, and regulatory authorities.

If you encounter any difficulties or if the process varies from the steps outlined above, you may refer to the user guide or help section provided on the MAHAKAMGAR portal for further assistance. Additionally, you can reach out to the portal’s customer support or contact the relevant state authorities for guidance on downloading your Shop Act License.

 
Shop Act License Registration Fee?

The registration fee for a Shop Act License (Shops and Establishment License) in Maharashtra can vary depending on factors such as the type of business, the number of employees, and the duration for which the license is sought. However, as of the last available information, here is a general overview of the registration fee structure for Shop Act License in Maharashtra:

  1. One-Time Registration Fee: The initial registration fee for obtaining a Shop Act License is typically nominal and may range from around INR 100 to INR 500, depending on the nature and scale of the business.

  2. Annual Renewal Fee: In addition to the one-time registration fee, businesses are required to pay an annual renewal fee to keep the Shop Act License valid. The renewal fee may vary based on factors such as the type of establishment and the number of employees.

  3. Additional Charges: Depending on the specific requirements of the licensing authority or municipal corporation, there may be additional charges for services such as inspection fees, late fees for delayed renewal, and other administrative charges.

It’s important to note that the registration fee structure may be subject to periodic revisions by the state government or municipal authorities. Therefore, businesses are advised to check the latest fee schedule from the concerned authorities or the official MAHAKAMGAR portal for accurate and up-to-date information on registration fees for Shop Act License in Maharashtra. Additionally, the fee structure may vary for different categories of businesses, such as small-scale enterprises, medium-scale enterprises, and large-scale enterprises.

 
 
Shop Act License Renewal Fee?

The renewal fee for a Shop Act License (Shops and Establishment License) in Maharashtra typically varies based on factors such as the type of business, the number of employees, and the duration for which the license is renewed. As of the last available information, here is a general overview of the renewal fee structure for Shop Act License renewal in Maharashtra:

  1. Annual Renewal Fee: Businesses are usually required to pay an annual renewal fee to keep the Shop Act License valid. The renewal fee may vary depending on factors such as the type of establishment and the number of employees.

  2. Fee Variation: The renewal fee for a Shop Act License in Maharashtra can range from a few hundred rupees to a few thousand rupees, depending on the size and nature of the business. Small-scale establishments may have lower renewal fees compared to larger establishments.

  3. Late Renewal Penalty: If the renewal is not done within the stipulated time frame, there may be additional penalties or late fees imposed by the licensing authority. It’s important for businesses to renew their licenses on time to avoid such penalties.

  4. Additional Charges: Depending on the specific requirements of the licensing authority or municipal corporation, there may be additional charges for services such as inspection fees, administrative charges, and other related services.

  5. Revision of Fees: The renewal fee structure may be subject to periodic revisions by the state government or municipal authorities. Therefore, businesses should check the latest fee schedule from the concerned authorities or the official MAHAKAMGAR portal for accurate and up-to-date information on renewal fees for Shop Act License in Maharashtra.

It’s advisable for businesses to plan for the renewal fees and ensure timely renewal of their Shop Act License to avoid any disruptions in legal compliance. Additionally, businesses should keep records of the renewal payments for future reference and compliance purposes.

What is Shop Act License "Self Declaration" form?

The “Self Declaration” form for a Shop Act License (Shops and Establishment License) is a document that allows business owners to declare certain information about their establishment without requiring formal verification by the licensing authority. This form is typically used for small-scale establishments or businesses with a limited number of employees, where the verification process may be simplified for administrative convenience.

Here are some key points about the Shop Act License Self Declaration form:

  1. Declaration of Information: The Self Declaration form allows the business owner to declare details such as the name and address of the establishment, the nature of the business conducted, the number of employees, working hours, weekly holidays, etc.

  2. Verification by the Applicant: By signing the Self Declaration form, the applicant acknowledges that the information provided is true and accurate to the best of their knowledge. This declaration is legally binding and subject to verification by the licensing authority.

  3. Simplified Process: The Self Declaration form streamlines the process of obtaining a Shop Act License for small businesses by eliminating the need for extensive documentation and formal verification procedures.

  4. Applicability: The use of Self Declaration forms may be subject to certain conditions or limitations based on the policies and regulations of the state government or municipal corporation. Not all businesses may be eligible to use this form, and larger establishments may still be required to provide additional documentation and undergo formal verification.

  5. Compliance Requirement: While the Self Declaration form simplifies the application process, businesses are still required to comply with the provisions of the Shop and Establishment Act and ensure that the information provided is accurate and up-to-date.

  6. Verification by Authorities: Even though the information provided in the Self Declaration form may not be formally verified at the time of submission, the licensing authority retains the right to conduct inspections and verify the details provided by the applicant at a later stage.

Business owners should carefully read and understand the instructions provided with the Self Declaration form and ensure that they provide accurate information to avoid any discrepancies or legal issues related to their Shop Act License.

 
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