Shop and Establishment Act:
The Shops and Establishment Act legally allows individuals or entrepreneurs to run a shop or an establishment in a State under certain terms and conditions stipulated in the Act. This Act regulates the working hours, payment of staffs and working conditions of the workers and employees.
The Shop and Establishment Act in India is promoted by the state and slightly differs from state to state. However, as per the Act, all shops and commercial establishments operating within each state are covered by the respective Shop & Establishments Act.
The Shops and Establishment Act defines ‘Establishment’ as a shop or a commercial establishment which include commercial spaces, residential hotels, restaurants, theatres or other places of public amusement or entertainment. Furthermore, the state government also declares establishments for the purpose of this Act, through notifications in the Official Gazette.
A ‘Shop’ on the other hand is defined as any premises where goods are sold, either by retail, wholesale, or where services are rendered to customers. This could include an office a store-room, godown, warehouse or workplace, used in connection with such trade/ business.
Any individual who commences operation in his shop or commercial establishment has to first must apply to the Chief Inspector for a Shop and Establishment Act License within the prescribed time.
Documents required for registration under this act in Kerala:
1. Details of the employer/manager (name, residential address, father’s/guardians name)
2. Memorandum of Association and Articles of Association/Partnership deed/Trust deed
3. Lease rent agreement/Property purchase agreement
4. Bank account details
5. List of employees (name, residential address, age, date of joining, designation, gender)
6. Date of commencement of business
7. Aadhar card and PAN
On submission of the application and review by the Chief Inspector, the shop or commercial establishment will be registered and a registration certificate will be issued to the occupier. The registration certificate must be prominently displayed at the shop or commercial establishment and renewed periodically, as per the act.
Procedure for registering under the Shop and Establishment Act, Kerala:
Registration under this Act can be done online and offline both. Firstly, the labour department must approve of the company. The Chief Inspector of Shops and Establishment Act, or the inspectors assigned to the area where you operate the store, are the persons approved to provide the certificate of registration.
The procedure mentioned below needs to follow for registration:
· Application in form B1
· Original Copy of the Chalan receipt having remitted the prescribed fee at the nearest treasury of the office of the Asst. Labour Officer
· Submit the form B1 and original Chalan receipt at the office of the Asst. Labour Officer having jurisdiction over the area within 60 days from the date of commencement of the establishment.
Online Procedure
An applicant can also register under the Shops and Establishment Act online by visiting http://lc.kerala.gov.in/index.php , where he or she would come across an online application form. The applicant is required to fill all the details and upload the scanned copies of the required documents. The applicant can check the status of his application by visiting the same site and then entering the application number and Captcha. Further details would be provided there.
Fees charged for registration:
An individual registering needs to pay the registration fees according to the number of employees engaged in the organization, which are-
• No. of workers Nil - 10
• Up to 5 workers- 50
• Above 5 and up to 10 workers- 50
• Above 10 and up to 20 workers- 200
• Over 20 and up to 30 workers- 300
• Above 30 and up to 50 workers- 500
• Over 50 and up to 100 workers- 1000
• Above 100 workers- 2000
Renewing the registration:
The individual has to repeat the above process before 30 days from the date of expiration of the certificate.
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