Maharashtra Shop & Establishment Act 1948

In the past, the labour class was discriminated against and exploited for a long time. The upper economy class used to humiliate the lower classes in society. So it became necessary to secure their living and establish a better lifestyle. The central government accomplished the Maharashtra shop and establishment act of 1948 to improve the labour lifestyle. It is further regularised and came into force on 19th December 2017 as the Maharashtra Shops and Establishment (Regulation of Employment and Condition of Services) Act 2017

 

What is in the Maharashtra Shop & Establishment Act?

 

This Shop and Establishment law is about the regulation and improvisation of conditions of work and employment of employees working in shops, residential hotels and restaurants, theatres, other public places & other establishments.

 

Who are applicable, and How do you register?

 

This law applies to all workers in any commercial establishment. At the time of commencing and establishment, every employer has to fill out the forms under the Shop and Establishment Act.

According to this act, after filling up the forms, every business owner of a shop or commercial establishment gets a license within 30 days of beginning their business.  

 

Who is applicable to the Act?

 

Who are applicable and who is not is divided into two segments one establishment having more than 10 employees and the Establishment having less than 10 employees. 

 

Establishment, more than 10 employees

 

Establishments with more than 10 workers must be licensed under the Maharashtra Shops and Establishments Act within 60 days of commencement of business. The first step owners have to do is apply Form ‘A’.On receipt of the application with the attached documents and fees online, the facilitator would verify the application and documents.

 

The second step is issuing the registration certificate ‘Form B’ along with receiving Labour Identification Number (LIN)

 

 In case of the expiry of the period mentioned in the Registration certificate, an application for renewal must be submitted by the employer within thirty days before the date of expiry mentioned in the certificate. You must submit Form ‘D’ along with the prescribed fees.  

 

In case of closing the establishment, the employer should notify the Facilitator within thirty days from the date of closing Form ‘J’. After receiving the information, if the facilitators are satisfied with the establishment’s correctness, they remove the establishment from the Registered law and cancel the Registration certificate. 

 

Establishment, less than 10 employees

 

In case having less than ten (10) workers, An establishment should file an online intimation Form of commencement of business under the New Shops Act within 60 days of the beginning of the business.

 

Form F has to be filed along with the attached documents mentioned in Part C of the Schedule to the New Shops and Establishment Rules. If the registration is done once can validate for a lifetime. One can complete the entire submission online, and all the records will be maintained and saved securely. 

 

In case of closing the establishment, the employer should notify the Facilitator within thirty days from the date of closing Form ‘K’. After receiving the information, if the facilitators are satisfied with the establishment’s correctness, they remove the establishment from the Registered law and cancel the Registration certificate. 

 

At the time of closure, If there are ten or more workers, the establishment should apply to Facilitator in Form ‘J’ instead of Form ‘K’.

 

Benefits of Registration

 

The establishment gets,

  1. The legal identity ensures your right to work for the particular state. 
  2. Allow you to set up a business bank account to manage your finances and taxes. 
  3. In the case of small businesses, establishments can be eligible for government businesses set up.
  4. Registering online and renewing registration can be done easily and quickly.

 

Compliances

 

Form A – Application for Registration

 

Form B – Registration Certificate

 

Form B – Renewal Application for Shop & Establishment

 

Form C – Register of Establishment

 

Form D – Application for Renewal of Registration Certificate

 

Form E – Renewed Certificate of Registration

 

Form F – Application for Intimation

 

Form G – Intimation Receipt

 

Form H – Register of Establishment who have given intimation

 

Form I – Notice of Change

 

Form J – Intimation of Closure

 

Form K – Intimation of Closure (less than 10 workers)

 

Form L – Consent of Women Workers to work the night shift

 

Form M – Notice of Work Hours, Rest Intervals, Holidays

 

Form N – Notice of Shift, Schedule, Weekly Holiday

 

Form O – Leave Book

 

Form II – Muster Roll cum Wage Register

 

Form N – Leave Card

 

Form M – Register of Leave

 

Form J – Register of Employment

 

Form P – Notice of Maximum Leave Accumulated

 

Form R – Annual Return

 

 

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