The said legislation is enacted to regulate conditions of work in Shops & Commercial establishments. |
| a. |
Operation of the Act is confined to the Municipal areas specified in Schedule 1 of the Act. |
| b. |
Under the Maharastra Shops & Establishment Act, the shops & commercial establishments situated in Mumbai jurisdiction are attached to the Brihanmumbai Municipal Corporation
(BMC) Office which is separated ward-wise commencing from 'A' ward to 'T' ward.
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| 1. Registration of Establishment: |
| A] |
Any establishment situated in Mumbai has to identify in which area/ward the Shop or commercial establishment is situated and accordingly make an application for registration to the respective ward alongwith prescribed fees. The establishment has to make an application for registration in Form "A" alongwith following documents. |
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| 1. |
Memorandum & Article of Association |
| 2. |
List of Directors with their Residential Address |
| 3. |
Proof of place viz. Copy of Leave & License Agreement. |
| 4. |
Proof of payment made to any local authority viz. Copy of Electricity bill, Telephone bill etc. |
| 5. |
A/c Payee Cheque towards the Registration Fee depending on the number of employees in favour of ‘Municipal Corporation of Greater Mumbai' |
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| B] |
In case where the establishment is situated outside the Mumbai Municipal Corporation Jurisdiction but within the State of Maharashtra, they have to approach to the office of the Commissioner of Labour for registration in Form "A" together with challan after remitting fees into the Government treasury / State Bank of India as prescribed in the Rules. |
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| 2. Time limit of Registration: |
The Employer of an establishment has to apply to the Inspector of the local area concern in Form "A" alongwith prescribed fees and necessary documents for getting the establishment registered under the Act within 30 days on which the establishment commences its work. On an application from the employer, the Registration Certificate can be granted for a period of 3 years at a time on payment of fees for that period. |
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| 3. Renewal of Registration : |
| 1. |
The Registration Certificate is valid upto the end of the year for which it is granted. The application for renewal should be made 15 days before the expiry of the Registration Certificate i.e. on or before 15th December of each year. |
| 2. |
In case where the Registration Certificate is granted for 3 years, the application for Renewal of Registration Certificate shall be submitted 15 days on or before the expiry of 3rd year. |
| 3. |
The application of renewal shall be submitted in Form "B" alongwith the Original Registration Certificate and the prescribed Renewal fees for the period of 1 to 3 years at the option of the employer, to the ward office of Brihanmumbai Municipal Corporation, who granted Original Certificate. The Inspector after receipt of such application alongwith prescribed fees shall renew the Registration Certificate and handover the same to the representative of the establishment. |
| 4. |
The application for Renewal in Form "B" with the prescribe fees shall be accompanied by the Original Registration Certificate for Renewal of the Certificate by the Municipal authorities and return. |
| 5. |
For the establishment situated outside Mumbai jurisdiction the renewal application shall be forwarded to the office of Commissioner of Labour. |
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| 4. Notice of Change: |
| 1. |
In case of any changes in the information furnished at the time of registration or renewal in Form "A" & "B" respectively, the employer has to notify such changes to the Inspector in prescribed form alongwith such fees. The changes has to be notified in Form "E" which shall be submitted to the Inspector of the area within 15 days in case of change in employment strength and within 30 days in case of any other changes. |
| 2. |
The notice of change in Form "E" shall be accompanied by the Original Registration Certificate with the necessary documentary evidence. On physical verification of the changes by the Inspector, he shall endorse the changes on the Registration Certificate and return back duly authenticated, within two week's time. |
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| 5. Issue of Duplicate Certificate: |
In case the Original Registration Certificate is lost, destroyed or defaced the employer shall report the matter to the Sr. Inspector of the area/ward and shall make an application for issue of duplicate certificate alongwith the fee of Rs.20/-. |
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| 6. Closing of Establishment: |
The employer shall inform the Inspector of the area within 10 days of the closure of the establishment, vide an application on the company letterhead stating the reason of closure and the Original Certificate shall be surrendered alongwith the application. |
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| 7. Forms and Returns |
| 8. Fees for Registration & Renewal of Registration Certificate |
Revised rates for Shops and Establishment License Fees & Trade Refuse Charges w.e.f. 06.05.2010.
| Shops & Establishment having |
Registration Fees |
Fees for renewal of registration certificate per year |
Trade refuse charges per year |
| Nil Employees |
Rs. 120/- |
Rs. 120/- |
Rs. 360 |
| 1 to 5 employees |
Rs. 360/- |
Rs. 360/- |
Rs. 1080/- |
| 6 to 10 employees |
Rs. 720/- |
Rs. 720/- |
Rs. 2160/- |
| 11 to 20 employees |
Rs. 1200/- |
Rs. 1200/- |
Rs. 3600/- |
| 21 to 50 employees |
Rs. 2400/- |
Rs. 2400/- |
Rs. 7200/- |
| 51 to 100 employees |
Rs. 4200/- |
Rs. 4200/- |
Rs. 12600/- |
| 101 and above employees |
Rs. 5400/- |
Rs. 5400/- |
Rs. 16200/- |
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Fees for Notice in change, to be submitted alongwith Form E
| Category of Establishment |
Fees |
| Commercial Establishment |
Rs. 120/- |
| Shops having Employee |
Rs. 120/- |
| Shop having no employee |
Rs. 120/- |
| Residential Hotel |
Rs. 120/- |
| Restaurants & Eating Houses |
Rs. 120/- |
| Theatres & Other places of Public Amusement or Entertainment |
Rs. 120/- |
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Note :
1. Processing charges of Rs. 200/- to be paid a/w application for Registration.
2. Cheque to be drawn in favour of “Municipal Corporation of Greater Mumbai.” |
| 9. General point to be noted: |
| 1. |
The Registration Certificate to be displayed at the prominent place in the office premises. |
| 2. |
It is advisable to display the attested photocopy of the Registration Certificate and the Original may be kept in safe custody of the responsible person of the establishment. |
| 3. |
The name of the establishment is to be displayed in the local language as well as in English.
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| Note: |
For the other States the procedure of Registration, Renewal & Notice of Change remains the same, only the Form number and fee defers. The respective location head should collect the information from the office of Commissioner of Labour situated in the area. |
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| 10. Trade License: |
In the State of Goa and West Bengal before obtaining Shops & Establishment Registration Certificate, employer has to obtain Trade License from the office of Municipal Corporation, on receipt of which the office of the Labour Commissioner shall issue the Shops & Establishment Registration Certificate. |
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