The Shop & Establishment Act in India

The Shop & Establishment Act in India

The Shop and Establishment (S&E) Act is applicable on all the commercial establishments; viz, business centres, offices, warehouses, stores, hotels, eateries, amusement parks, theatres, etc, nationwide. It is one of the most important regulations required to be complied with for any business.

Objective of Shop & Establishment Act

  • S&E Act is designated to protect the rights of employees by defining uniform benefits to the employees; irrespective of the industry and type of establishment he / she is employed with.
  • Designed to regulate the payment of wages, terms of service, holidays, leaves, work conditions, hours of work, overtime work, maternity leave and benefits, rules for employment of children.

Scope of the Act in India

  • S&E Act is governed by the Labour Department and regulates premises wherein any trade, business or profession is carried out.
  • Most businesses in India are regulated by the S&E Act.
  • Every State & UT has its separate Act and regulations.
  • It regulates the working of Shops, Commercial establishments, and even residential premises running for business gain.
  • S&E act regulates the following areas:
    • Working hours, overtime, leave policy
    • Rest interval for employees
    • Opening and closing hours
    • Closed days, national and religious holidays
    • Annual, maternity, sickness, and casual leave
    • Time and conditions of payment of wages
    • Deductions from wages
    • Dismissal of employment
    • Cleanliness, Lighting and ventilation
    • Precautions against fire
    • Accidents reporting and Record keeping
    • Maintain various Registers
    • Display of notices/certificate
    • Rules for the employment of children

Registration of Shop & Establishment

  • As each state in India has its own Shop Act and follows separate regulations. The process, fee structure, documentation may be different depending on the State regulations.
  • On starting a Shop or Establishment, one needs to apply for Shop Act Registration within the stipulated period set by State regulations.
  • Application is to be submitted to the Chief Inspector in the prescribed Form according to the state regulations, containing following details:
    • Name of the employer
    • Name, address, and category of the establishment
    • The Number of employees
    • Other relevant detail as required
    • The fee is calculated as per the number of employees.
  • The Labour Department of each state has the authority for the registration process. The Many States have a 100% online process, while some states are still following the manual procedure for filing.
  • The Registration certificate is required to be renewed periodically as mentioned in the state regulations.

Documents Required for Registration

While every state has its specific requirement, following set of documents are usually across every state for seeking registration under S&E Act:

  • Photo of Premises displaying name on board of shop / establishment
  • Incorporation Certificate of Company / LLP
  • List of Directors or Partners with ID & Address proof
  • Partnership Deed in case of Partnership Firm
  • Copy of PAN Card or Aadhar Card
  • Address proof like an Electricity Bill of premises
  • Government prescribed fees

Amendment of Registration Certificate

In case of change in following scenarios, an application for amended of the registration has to be submitted to the concerned officer within timeline prescribed as per state act:

  • Name and address of the establishment
  • Nature of business
  • Director, Employer, Partner
  • Number of employees

The fresh certificate is issued post cancellation of the existing certificate.

Closure or Surrender of Shop & Establishment

Due to any reason, if shop or establishment gets closed, the occupier must intimate the concerned Chief Inspector in writing within 15 days of the closure; who shall cancel the registration and remove it from the register.

Benefits of Registration

  • Proof of legal entity: Registration is a proof of legal entity and allows to conduct business within limits of the particular state.
  • Business Bank Account: The proof as a legal entity helps in opening a business bank account.
  • Smooth Inspections: it helps to smoothen the Inspection process whenever the Inspector visits the premises.
  • Benefit under various schemes of Central & State Governments

Self Certification Scheme (Ease of Doing Business)

  • Many State Governments have implemented a Voluntary Compliance / Self – Certification scheme to save employers from difficulties due to a plethora of labour laws, registers, and returns.
  • The entrepreneur / employers are free to join the scheme anytime.
  • They are motivated to comply with labour laws with self-inspiration without compromising with labourers’ health, safety and social security.
  • If registered under the scheme, sets of labour laws will be automatically covered and benefits can be availed under such laws including:
    • Minimum Wages Act, 1948 & respective State Rules
    • Payment of Wages Act, 1936 & respective State Rules
    • Contract Labour (Regulation & Abolition) Act, 1970 & State Rules
    • Payment of Bonus Act, 1956 & respective State Rules
    • Payment of Gratuity Act, 1972 & respective State Rules
    • Maternity Benefit Act, 1961 & respective State Rules
    • Equal Remuneration Act, 1976 & respective State Rules
    • Child Labour (Prohibition & Regulation) Act, 1986 & State Rules
    • Few more; varied for states
  • Those joining the scheme are exempted from surprise inspections under various labour laws and in place of multiple registers, one consolidated register is required to be maintained and few annual returns will be filed instead of the number of returns in various labour laws.

The Shop & Establishment Act in India

STATEApplicability for RegistrationRegistration after Commencement of BusinessOpening & Closing Hours of businessWeekly Close DayHours of Work for EmployeesLeave with WagesDouble EmploymentMaintain Registers and RecordCleaning & MaintenanceReturn Filing
DELHI
  
MandatoryWithin 90 DaysAs fixed by Government from time to timeAny one day48 hours / week & 9 hours in a dayEL: 15 days yearly CL: 12 days yearly SL: 12 days yearlyRestrictedRegister of fines, deductions, display of noticesMandatoryNA
UTTAR PRADESH
  
MandatoryWithin 90 DaysS: 8 am to 8 pm E: 9 am to 7 pmAny one day8 hours in a dayEL: 15 days yearly CL: 10 days yearly SL: 15 days yearlyNARegister of fines, wages, display of noticesNANA
HARYANA
  
MandatoryWithin 30 DaysAs fixed by Government from time to timeEvery Sunday48 hours / week & 9 hours in a dayEL: 1 day on every 20 working days
CL : 7 days yearly
SL: 7 days yearly
NARegister of Working hours, rest hours, attendance of employeesMandatoryNA
PUNJAB
  
MandatoryWithin 30 DaysAs fixed by Government from time to timeEvery Sunday48 hours / week & 9 hours in a dayEL: 1 day on every 20 working days
CL : 7 days yearly
SL: 7 days yearly
NARegister of Working hours, rest hours, attendance of employeesMandatoryNA
HIMACHAL PRADESH
  
MandatoryWithin 30 DaysAs fixed by Government from time to timeAny 1 day48 hours / week & 9 hours in a dayEL: 1 day for every 12 days of working
CL: 7 days yearly
SL: 7 days yearly
NARegister of attendance of employees, wages, deductions, leaveNANA
J&K / LADAKH
  
MandatoryWithin 30 DaysTime frame set as per the type of Establishment1 day between Sunday & Friday48 hours / week & 9 hours in a dayEL: 30 days yearly
CL: 14 days yearly
SL: Not specified
RestrictedRegister of leave with wages, refusal of leave, lime washingMandatoryNA
UTTARAKHAND
 
Required only on 10 or more employeesWithin 180 DaysAs fixed by Government from time to timeNot Specified48 hours / week & 9 hours in a dayEL: 1 day for every 20 days of working
CL: 8 days yearly
SL: No Provision
NANot SpecifiedMandatoryAnnual Return
MAHARASHTRA
  
Required only on 10 or more employeesWithin 60 DaysS: 7 am to 10 pm
E: 8:30am – 9:30pm
Any one day48 hours / week & 9 hours in a dayCalculated as per no. of working days & months of employmentRestrictedMuster Roll cum Wage RegisterMandatoryAnnual Return
GUJARAT
  
Required only on 10 or more employeesWithin 60 DaysTime frame is location wise based on public safetyAny one day48 hours / week & 9 hours in a dayEL: 1 day on every 20 working days
CL : 7 days yearly
SL: 7 days yearly
NATypes of registers not specifiedMandatoryAnnual Return
MADHYA PRADESH
  
MandatoryWithin 30 DaysAs fixed by Government from time to timeAny one dayS: 9 hours in a day
E: 10 hours in a day
CL: 15 days Yearly and Calculative privilege leaveNARegister of cleanliness, leave, refusal of leaveMandatoryNA
RAJASTHAN
  
MandatoryWithin 30 DaysAs fixed by Government from time to timeAny 1 day48 hours / week & 9 hours in a dayEL: 1 day for every 12 days of working No provision for SL and CLNARegister of employment, working hours, intervals, opening and closing hoursNANA
GOA
  
MandatoryWithin 90 DaysAs fixed by Government from time to timeAny 1 day48 hours / week & 8 hours in a dayEL: 15 days yearly
CL: 6 days yearly
SL: 9 days yearly
RestrictedRegister of employment, wages, advance leaveMandatoryPeriodical Returns on having 10 or more employees
DAMAN & DIU / DADRA & NAGAR
 
MandatoryWithin 90 DaysAs fixed by Government from time to timeAny 1 day48 hours / week & 8 hours in a dayEL: 15 days yearly
CL: 6 days yearly
SL: 9 days yearly
RestrictedRegister of employment, wages, advance leaveMandatoryPeriodical Returns on having 10 or more employees
KARNATAKA
  
MandatoryWithin 30 DaysBlr: 6 am to 9 pm
Others: 8am – 8 pm
Any one day48 hours / week & 9 hours in a dayEL: 1 day on every 20 working days
SL: 12 days yearly
NAMuster Roll cum Wage Register, record of leavesNAAnnual Return
TAMIL NADU
 
NANAAs fixed by Government from time to timeAny 1 day48 hours / week & 8 hours in a dayEL: 12 days Yearly
CL: 12 days yearly
SL: 12 days yearly
NARegister of employment, Deductions for damage or lossMandatoryNA
TELANGANA
  
MandatoryWithin 30 DaysAs fixed by Government from time to timeEvery Sunday48 hours / week & 8 hours in a dayEL: 15 days yearly
CL: 12 days yearly
SL: 12 days yearly
RestrictedRegister of employment, wages, fines, deductions, leaveMandatoryPeriodical Returns on having 10 or more employees
KERALA
  
MandatoryWithin 60 DaysAs fixed by Government from time to timeEvery Sunday48 hours / week & 8 hours in a dayEL: 15 days yearly
CL: 12 days yearly
SL: 12 days yearly
NARegister of employment, working hours, opening and closing hoursMandatoryPeriodical Returns on having 10 or more employees and Annual welfare Return
ANDHRA PRADESH
  
MandatoryWithin 30 DaysAs fixed by Government from time to timeEvery Sunday48 hours / week & 8 hours in a dayEL: 15 days yearly
CL: 12 days yearly
SL: 12 days yearly
RestrictedRegister of fines, advances, and Integrated registerMandatoryPeriodical Returns on having 10 or more employees: Combined Return through Integrated Registrationd
PUDDUCHERY
 
MandatoryWithin 30 DaysS: 6 am to 10 pm
E: 8 am – 8 pm
Any 1 day48 hours / week & 8 hours in a dayEL: 12 days yearly
CL: 12 days yearly
SL: 12 days yearly
RestrictedRegister of fines, damage, lossMandatoryNA
WEST BENGAL
  
MandatoryWithin 30 DaysS: 8 am to 10 pm
E: 8 am to 11 pm
Any 1 day following with half day48 hours / week & 8 hours in a dayEL: 14 days yearly
CL: 10 days yearly
SL: 14 days yearly
NARegister of working hours, intervals, overtimeNANA
BIHAR
  
MandatoryWithin 30 Days8.00 am – 10.00 pmAny 1 day48 hours / week & 9 hours in a dayEL: 1 day for every 20 days of working
CL: 12 days yearly
SL: 12 days yearly
NARegister of leave with wages, fines, wagesNAAnnual Return
JHARKHAND
  
MandatoryWithin 30 Days9.00 am – 9.00 pmAny 1 day48 hours / week & 9 hours in a dayEL: 1 day for every 20 days of working
CL: 12 days yearly
SL: 12 days yearly
NARegister of leave with wages, fines, wagesMandatoryPeriodical Returns on having 10 or more employees
ASSAM
  
MandatoryWithin 30 DaysAs fixed by Government from time to timeAny 1 day48 hours / week & 8 hours in a dayEL: 16 days yearly
CL: 12 days yearly SL: 12 days yearly
RestrictedRegister of working hors, rest hours, overtime, employment, leaveMandatoryNA
ODISHA
 
MandatoryWithin 30 DaysAs fixed by Government from time to timeAny 1 day48 hours / week & 9 hours in a dayEL: 1 day for every 20 days of working
CL: Not specified
SL: 15 days yearly
NACombined Register of overtime, working and payment, muster rollMandatoryAnnual Return
CHHATISGARH
  
MandatoryWithin 30 DaysAs fixed by Government from time to timeAny one dayS: 9 hours in a day
E: 10 hours in a day
CL: 15 days Yearly and Calculative privilege leaveNARegister of cleanliness, leave, refusal of leaveMandatoryNA
ANDAMAN & NICOBAR
  
MandatoryWithin 30 DaysAs fixed by Government from time to timeAny 1 day48 hours / week & 9 hours in a dayEL: 15 days yearly
CL: 12 days yearly
SL: 12 days yearly
NARegister of Compensatory Holiday, wages, overtime, leave, muster-rollNANA
MANIPUR
 
MandatoryWithin 30 DaysTime frame set month wiseEvery Sunday48 hours / week & 9 hours in a dayEL and SL 30-30 days after 12 months of service
CL: 12 days yearly
NARegister of, wages, fines, leave, overtime, hours of workMandatoryAnnual Return
MEGHALAYA
 
MandatoryWithin 30 DaysAs fixed by Government from time to timeAny 1 day8 hours in a dayEL:16 days after 12 months of service
CL: 12 days yearly
SL:12 days yearly
RestrictedRegister of working hours, intervals, overtime, payment of overtimeMandatoryNA
MIZORAM
 
MandatoryWithin 30 DaysNot SpecifiedAny 1 dayNot SpecifiedNumber of Leaves not specifiedRestrictedRegister of employment, leave, overtime, working hours, intervalsMandatoryNA
NAGALAND
 
MandatoryWithin 30 DaysAs fixed by Government from time to timeAny 1 day48 hours / week & 8 hours in a dayEL:16 days after 12 months of service
CL: 12 days yearly
SL:12 days yearly
NARegister of working hours, pay, leave, intervals, overtime, payment of overtimeMandatoryNA
SIKKIM
 
MandatoryWithin 30 DaysTime frame set as per the category of shop or establishmentAny 1 day48 hours / week & 9 hours in a dayEL:20 days after 12 months of service
CL: 12 days yearly
SL:12 days yearly
NARegister of fines, damage or loss, employment, dates of lime washingMandatoryNA
TRIPURA
  
MandatoryWithin 30 DaysS: 8 am to 9 pm
E: 8 am to 11 pm
Any 1 day48 hours / week & 8 hours in a dayEL: 15 days after 12 months of service
CL: 12 days yearly
SL:12 days yearly
NARegister of pay, overtime, employees, working hours, intervalsNANA

Note: This Post was last updated on May 31, 2021

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