Shops And Establishment Registration In Mumbai

Shop & Establishment License in Mumbai

If you are starting a shop, office, commercial establishment, restaurant, eating house or any business premises in Mumbai, Shops and Establishment Registration / Intimation is the approval you will need to obtain under the Maharashtra Shops and Establishments law. Here’s everything you need to know.

Shops and Establishment Registration is a certificate or intimation issued for an establishment, which contains details of the establishment, employer, business address, nature of business, date of commencement, number of employees, contact details, supporting documents and so on. Earlier governed under the Maharashtra Shops and Establishment Act, 1948, the registration and intimation process is now handled under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017.

The registration / intimation process in Mumbai is handled through the online facility of Brihanmumbai Municipal Corporation. The applicant is required to submit the application online, upload the prescribed documents and obtain the Registration Certificate or Intimation Receipt through email.

What is Shops and Establishment Registration?

Shops and Establishment Registration is a statutory registration required for shops, offices, commercial establishments, restaurants, eating houses, residential hotels, theatres and other places of public amusement or entertainment.

It is one of the most essential registrations required by businesses operating from a commercial place or establishment. It records the basic details of the employer, establishment, nature of business and employees engaged in the business.

For smaller establishments, an Intimation Receipt is issued. For establishments having employees above the prescribed limit, a Registration Certificate is issued.

Which law governs Shops and Establishment Registration?

Shops and Establishment Registration in Mumbai is governed under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017.

Earlier, the registration was governed under the Maharashtra Shops and Establishment Act, 1948. After the new Act came into force, the earlier renewal process under the old Act was stopped and establishments are required to register under the new Act.

Applicability of Shops and Establishment Registration / Intimation

The applicability depends upon the number of employees engaged by the establishment.

The Intimation Receipt / Registration Certificate is issued online and sent to the email id mentioned in the application.

Availability of Shops and Establishment Registration: Timeline and Process

The application is submitted online by uploading the prescribed documents. If the documents and application are proper, the certificate or intimation is issued through the online system.

Structure of Shops and Establishment Application

The application contains basic details of the establishment, employer, manager, business activity, employees and supporting information.

Part A - Establishment and Employer Details

The establishment details include the name of the business, address, category, nature of business and date from which the business has commenced.

Part B - Manager and Employee Details

The application requires the applicant to disclose the total number of employees working in the establishment.

Part C - Declaration and Signature

This part contains the signature of the employer and declaration regarding the correctness of the details furnished in the application.

The employer is required to confirm that the information submitted is true, correct and complete.

Documents/details required for Shops and Establishment Registration

1. Actual photo of the establishment displaying the interior and the name board.
2. Name Board in Marathi language in Devnagri Script, written in the beginning on the name board.
3. Font size of the letters in Marathi language should not be smaller than the font size of the letters in any other language.
4. Signature of the employer.
5. Passport size photo of the employer.
6. Aadhaar Card of the employer.
7. PAN details of the employer / establishment,wherever applicable.
8. Address proof of the business premises.
9. Consent letter from premises owner, if applicable.
10. Prevention of Sexual Harassment Committee member list, wherever applicable.

Documents for owned premises

In case the business is conducted in owned premises, any one of the following documents may be submitted:

1. Sale / Purchase Deed.
2. Current property tax paid receipt / bill.
3. Current electricity bill.
4. Current society maintenance receipt.

Documents for rented or leased premises

In case the business is conducted in rented or leased premises, any one of the following documents may be submitted:

1. Lease Agreement.
2. Leave and License Agreement.
3. Order of court or competent authority, where possession is held under such order.
4. Any one ownership document of the owner whose premises is rented or leased.

Additional Documents for Specific Business Types

Process of filing Shops and Establishment Registration / Intimation

Step 1 – Applicability Check

The applicant is required to determine whether the establishment is required to file Form F Intimation or Form A Registration based on the number of employees engaged in the establishment. The applicability is determined as per the provisions of the Shops and Establishments legislation.

Step 2 – Preparation of Establishment Details

The applicant is required to prepare the details of the establishment, including the name of the establishment, nature of business, address of the premises, date of commencement of business, employer details and the number of employees working in the establishment.

Step 3 – Collection and Upload of Documents

The prescribed documents are required to be collected and uploaded online. These generally include photograph of the establishment, Marathi name board, employer photograph, signature, Aadhaar, PAN, address proof, ownership or tenancy documents, consent letter and other applicable supporting documents.

Step 4 – Online Application Filing

The application is required to be submitted through the online portal along with the prescribed information and documents. Government fee, wherever applicable, is required to be paid online through the portal.

Step 5 – Issue of Registration Certificate / Intimation

Upon successful processing of the application, the Registration Certificate or Intimation Receipt is issued and sent to the email address mentioned in the application. The applicant may download and retain the certificate or receipt for future reference and compliance purposes.

Undertaking / Hamipatra

The applicant is required to submit an undertaking declaring the correctness of the information and confirming compliance with applicable law.

The undertaking generally contains the following declarations:

1. The applicant is the owner, partner, director, trustee, manager, tenant, occupier or authorised person of the establishment.
2. The business has commenced from the stated address and from the stated date.
3. The applicant has submitted identity proof such as PAN Card, Aadhaar Card or other proof.
4. The applicant has disclosed the number of employees working in the establishment.
5. The applicant undertakes to pay the prescribed fee, wherever applicable.
6. The applicant declares that no illegal or prohibited business activity is carried on.
7. The applicant declares that the business is not carried on in any prohibited premises or place.
8. The applicant declares that no court dispute is pending in respect of the premises used for the establishment.
9. The applicant understands that the Shops and Establishment Registration Certificate is only a registration certificate and not a licence.
10. The applicant understands that the certificate does not create any ownership right, tenancy right or other right in the premises.
11. The applicant agrees to comply with the Maharashtra Shops and Establishments law and Rules.
12. The applicant declares that all documents attached are self-attested and that no information has been concealed.
13. If the information furnished is found false, incorrect or misleading, the registration certificate may be cancelled and legal action may be taken.

Online Registers and Inspection

The employer is required to maintain registers and records relating to the employees working in the establishment.

These records may include attendance register, leave card, salary register and other statutory records.

The online facility allows the employer to upload registers and records through the portal for inspection by the inspector.

After uploading the records, the concerned inspector verifies the records through his login. If the records are proper, the observation is recorded and communicated to the employer through email.

If discrepancies or irregularities are found, the employer is required to comply within the prescribed period.

If the employer does not comply with the deficiencies, the inspector may visit the establishment only after prior approval of the competent authority.