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Smart Plan

₹1599 0% off

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What you’ll get
  • Initial Consultation
  • Submit application
  • Online processing
  • Category selection
  • Issuance of licence

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₹2,999 50% off

₹1,499

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What you’ll get
  • Initial Consultation
  • Submit application
  • Online processing
  • Category selection
  • Issuance of licence
  • Dedicated Consultant
  • Error removal, if any
  • Separate SSO ID

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  • Everything included in Smart and Pro Plan
  • Priority Processing and Approval Handling
  • Dedicated Compliance Manager for Documentation and Follow-ups
  • Legal Drafting Support for Special Approvals
  • End-to-End Coordination with Licensing Authorities
  • Custom Compliance Strategy for Large Enterprises

Note: All prices are excluding GST. Tax & Government fees should be payable directly to the respective government portal. Also, plan is subject to approval after the discussion of scope of work. All rights reserved by Taxadvisr. T&C

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Eligibility Criteria to Register for Shop & Establishment License

  • Location: Your shop must be within the state you’re registering in (e.g., Tamil Nadu).
  • Activity: Your business should be involved in commercial activities like trading, banking, or entertainment (not covered by Factories Act).
  • Employees: You must have at least one employee (including yourself) on the payroll.

Documents Required for Shop & Establishment Registration

  • Shop Address Proof (Rent agreement, utility bill)
  • ID Proof (Passport, Aadhaar card, Driver’s license)
  • PAN Card (Proof of tax identification)
  • Payment Challan (Fee for registration)
  • Additional Business Licenses (If applicable, for specific industries)

Shop and Establishment Registration

In India, the Shop and Establishment Acts are governed by state-specific regulations overseen by State Labour Departments. These acts mandate the registration and issuance of licenses for shops and commercial establishments, which vary slightly across different states. The overarching aim of these regulations is to ensure the orderly conduct of business activities within each state.

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Under the Shop and Establishment Act, a “shop” is defined as a place where goods are either sold or services provided, encompassing both retail and wholesale operations. Commercial establishments, on the other hand, typically engage in office-related activities such as commercial, financial, trading, or insurance services. This category includes offices, warehouses, storerooms, and other similar entities. Additionally, it covers hospitality venues like hotels, restaurants, cafes, theatres, and public entertainment spaces.

However, it’s important to note that factories and industrial operations fall outside the scope of the Shop and Establishment Act. Instead, they are governed by separate legislation such as the Factories Act of 1948 and the Industries (Development and Regulation) Act of 1951, which provide specific regulations tailored to manufacturing and industrial activities.

Importance of Shop and Establishment Act

The introduction of the Shop Act License in India serves several crucial purposes aimed at regulating and organizing the commercial sector:

To Mandate Registration

The Shop and Establishment Act mandates registration for businesses, fostering a more organized and monitored commercial environment. This initiative enables the government to provide better support and resources to small shops and establishments.

To Empower States

The Act allows each state to formulate its own regulations tailored to local cultural and economic contexts. This empowerment enables states to make necessary exceptions and adjustments as per regional needs.

To Convert Unorganized Sector into Organized Industry

By implementing rules and regulations, the government aims to convert the unorganized sector into a structured and compliant industry, ensuring better standards and practices.

Regulation of Wages

Previously, businesses could arbitrarily set wages without regulation. The Shop Act now mandates compliance with government rules on wages, ensuring fair compensation for employees and accountability for employers.

Combatting Child Labour

One of the Act's significant provisions is the prohibition and punishment of child labour. This initiative aims to protect children from exploitation and ensure their rights to education and a safe childhood.

Ensuring Healthy Working Conditions

The Act requires business owners to maintain healthy working conditions, including provisions for washrooms and childcare facilities, promoting a conducive environment for employees.

Regulations Under Shop Registration Act

  • Compensation and Wages: The Act stipulates rules regarding salaries and wages to ensure fair remuneration for employees.
  • Employing Children: It strictly prohibits the employment of children, safeguarding their rights to education and protection.
  • Work Hours, Annual Leave, Weekly Holidays: Regulations cover work hours, entitlement to annual leave, and the provision of weekly holidays to employees.
  • Night Shifts: Women and young workers are protected under laws that prohibit them from working night shifts, ensuring their safety and well-being.
  • Rest Intervals: The Act mandates adequate rest intervals for employees during work hours to promote their health and well-being.
  • Hours of Operation: It regulates the permissible hours of operation for shops and commercial establishments.
  • Employers’ Record-Keeping: Employers are required to maintain records related to employee attendance, wages, and other relevant details as per statutory requirements.
  • Terms of Dismissal: It governs the procedures and terms under which employees can be dismissed, ensuring fairness and adherence to legal standards.

Benefits of Shop and Establishment License

  • Ease of Opening Business Bank Account: Under RBI regulations, every business must maintain a separate business account. A Shop and Establishment License facilitates the creation of this account, ensuring compliance and smooth financial management.
  • Legal Right to Conduct Business: Obtaining a Shop and Establishment License grants legal authority to operate within the Act’s jurisdiction. This protects business owners from harassment by law enforcement officials.
  • Hassle-free Inspections: Businesses with a Shop and Establishment License benefit from streamlined inspections and compliance checks, reducing bureaucratic hurdles and ensuring operational continuity.
  • Encourage Expansion: Compliance with Shop and Establishment regulations enhances a business’s credibility and market position. This legal status encourages expansion and facilitates access to new consumer markets.
  • Availing Government Benefits: Registered businesses gain access to government schemes aimed at supporting small enterprises. This includes opportunities for low-interest bank loans, financial aid, and other promotional programs.

Steps Involved in Shop Act Registration

Shop Act registration involves several straightforward steps to ensure compliance with local regulations and obtain the necessary licenses:

Step 01

Consultation with Experts

Initiate the process by scheduling a consultation with our experts at TaxAdvisr. They will address any questions you have regarding shop and establishment registration and guide you through the initial steps.

Step 02

Document Submission

Submit all required documents for shop and establishment registration to our TaxAdvisr associates. Ensure that all documents are accurate and up-to-date according to the specific requirements outlined during your consultation.

Step 03

Inspection and Approval

In some cases, a physical inspection by the labor department may be required to verify the information provided and assess your business premises. However, inspections are not always necessary. Once your application and documents are reviewed and approved by the authorities, your shop act license will be processed and delivered to your designated address.

Necessary Documents to be Submitted to Register Under the Act

  • Identity Documentation: Proof of identity for the company, associate, or owner, such as a voter ID card, PAN card, or Aadhaar card.
  • Address Documentation: Proof of address for the store or business, which can include a rental agreement or property tax return.
  • Proof of Formation: Documentation demonstrating the formation of the business entity, such as a partnership deed or a filing document from the Registrar of Companies.

Eligibility Criteria for Shop and Establishment Registration

Scope of Eligible Establishments: Any establishment or shop engaged in business, trading activities, or service provision is eligible for registration under this Act. This broad criterion ensures that a diverse range of commercial activities can be included.

Types of Eligible Commercial Establishments:

  • Residential Hotels: Offering lodging services to guests.
  • Restaurants and Eating Houses: Providing food and beverage services to customers.
  • Retail Shops: Engaged in the sale of goods directly to consumers.
  • Theatres: Providing public entertainment through performances or screenings.
  • Other Public Places of Entertainment: Encompassing various venues for public amusement and leisure activities.

Definition of 'Shops' in the Shop and Establishment Act

Under the Act, ‘shops’ are broadly defined as establishments where goods are sold through retail or wholesale and where customer services are provided. This definition includes not only retail spaces but also associated facilities such as offices, warehouses, storerooms, and other premises used for business or trade activities.

Commercial Establishments as per the Shop and Establishment Act

The term ‘commercial establishments’ typically refers to businesses involved in commercial, banking, trading, or insurance activities, as well as those providing administrative services where personnel engage in office tasks.

Registration Requirements for Shops and Commercial Establishments

  • Under the Shop and Establishment Act, all shops and commercial establishments operating within its jurisdiction are required to register under the respective state Act. This mandate applies to businesses of all forms, including those operated from residential premises.
  • Entrepreneurs and business owners must obtain a Shop and Establishment Registration Certificate or License in accordance with the provisions of the Act. This certificate validates their compliance with legal regulations and allows them to operate their businesses within the defined legal framework.
  • Registration for Home-Based and Online Businesses: The requirement to obtain a Shop Establishment Certificate extends beyond traditional physical storefronts. It also encompasses proprietors running businesses from home and those engaged in e-commerce or online ventures. Whether selling goods or providing services online, such businesses must secure this Certificate to ensure regulatory compliance and legitimacy in their operations.

Penalties for Not Acquiring Shop Act License

Non-compliance with the Shop and Establishment Act can result in severe penalties, which vary by state, including: 

  • Fines: Businesses may incur substantial fines as a consequence.
  • Operational Restrictions: There could be limitations imposed on business activities until compliance is achieved.
  • Risk of Imprisonment: In serious or repeated non-compliance cases, responsible individuals may face imprisonment.
  • Business Closure: Non-compliant businesses may receive notices for temporary or permanent closure, disrupting operations significantly.

The consequences of not obtaining a Shop Act License extend beyond financial penalties, as businesses risk receiving closure notices for failing to adhere to legal requirements.

Closure of Shop or Establishment

In the event of closure, whether temporary or permanent, it is mandatory for the occupier to notify the Chief Inspector in writing within 15 days. Upon receiving this notification, the Chief Inspector will proceed to cancel the shop and establishment registration and subsequently remove the business from the official register. This process ensures regulatory compliance and proper management of registered businesses under the Shop and Establishment Act.

Why TaxAdvisr?

Wherever you are based, TaxAdvisr offers seamless online assistance for registering your business. Acquiring a shop and establishment license involves navigating various legal aspects, and Taxadvisr simplifies this process effortlessly. Our seasoned experts bring over a decade of experience in securing shop Act registrations, ensuring a smooth and hassle-free experience for you.

Shop and Establishment Registration  FAQs

The shop act license is valid for up to 5 years from the date of establishment.

The primary objective of the Shops and Establishment Act is to ensure that all employees within covered establishments receive equal rights and benefits.

Entities required to obtain a shop act license include retail and wholesale shops, service establishments serving customers directly, offices, warehouses, theatres, commercial establishments, restaurants, residential hotels, and more.

No, establishments of the central and state government are exempted from the requirement of the Shop Act License.

No, factory owners are governed by the Factories Act of 1948 and do not need to register under the Shop and Establishment Act.

Yes, all establishments, regardless of the number of employees, must apply for registration under the Act within 30 days of opening.

While each state and UT has its own specific laws, the shop establishment license is generally valid across the nation, with similar provisions in each state’s respective legislation.

Yes, every establishment must obtain approval from the Department of Labor before commencing operations under the Shop and Establishment Act.

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I didn’t know where to start with my cafe registration, but they guided me through every step. Highly recommend their services!

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We wanted to start our retail store quickly, and TaxAdvisr helped us get our shop establishment registration on time. Their support and expertise were incredible!

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