Shop and Establishment Certificate: A Comprehensive Overview

August 27, 2024
Updated on

The employment share in the unorganized sector in India accounts for 83% of the workforce. 92.4% of informal workers work without any written contract, paid leave, or other employment benefits. 

This poses some serious challenges for the government as it can become exceedingly difficult to calculate the total income and taxes. Moreover, the employees working in the unorganized sector do not have any legal protection and are vulnerable to various disputes and exploitation.  

A Shop and Establishment Certificate is a single-point solution that helps small business owners conduct operations efficiently without compromising on the interests of the employees. But what exactly is a shop and establishment certificate? How does it benefit small businesses? And how can MSMEs complete their Shop and Establishment Registration? We give you comprehensive answers to all these questions. 

What is a Shop and Establishment Certificate?

Shop and Establishment certification is dependent on the location of the business. Each state has their own version of the Shops and Establishment Act. It provides a robust regulatory framework for businesses that have commercial establishments such as retail stores and restaurants. 

The primary objective of Shop and Establishment Registration is to safeguard the employees working in the unorganized sector and regulate the operations of businesses. It seeks to convert the unorganized sector into an organized one.  

Shop and Establishment Certificate: The Need for Small Businesses

While the tenets of the Shop and Establishment Act are focused on safeguarding the employees working in the unorganized sector, it has several benefits for small businesses as well. Here is a look at some of the benefits:

  • Shop and Establishment Registration gives the legal right to small businesses to conduct their operations. Business owners can steer clear of any form of unfounded accusations and consequent interventions from legal authorities and can seamlessly operate under the jurisdiction of the Shop and Establishment Act. 
  • The Reserve Bank of India (RBI) necessitates small businesses to have a separate bank account for all business transactions. Opening a bank account for your business will require you to have a Shop and Establishment Registration. 
  • Once your business is registered, you can sail through any inspection and checks conducted by the municipal authorities. Not having a Shop and Establishment Registration can land you in a lot of difficulties that can ultimately disrupt your business operations.
  • The government of India extends useful schemes that your small business can seamlessly avail of if you have a Shop and Establishment Certificate. 

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Shop and Establishment Certificate: Associated Fees and the Renewal process

The costs involved in obtaining and renewing a Shop and Establishment Certificate can vary significantly based on the state, the type of business, and the number of employees. Each region has its own variation of the certificate, for instance, Gumasta license is the license obtained under the Shops and Establishment Act of Maharashtra.
Typically, the registration fees for a Shop Act certificate can range from Rs. 100 to Rs. 5,000. For example, small shops with a few employees may pay a minimal fee, whereas larger establishments with many employees might have to pay higher charges. Renewal fees usually reflect the initial registration fees and need to be paid periodically. To ensure proper compliance, business owners should check with the local labor department or municipal corporation for the exact fee structure applicable to their specific business. 

Here are the steps involved in renewing the the license annually:

  • Remember to initiate renewal 15 days before the license expires.
  • Log on to the state government’s website for online renewal.
  • Have all essential documents, including PAN cards, passport-sized photos, rental/lease agreements, employee count, establishment name, and up-to-date registers ready.
  • Fill in the necessary details and complete the application process.
  • Once the fee is paid, your renewed license will be issued within a week.

What are the Types and Contents of Shop Act License

The Shop Act License, also known as the Shop and Establishment Certificate, comes in different types based on the kind of business you run. Here are the main categories:

Shops: This includes small retail outlets, grocery stores, boutiques, etc.

Commercial Establishments: Offices, banks, IT companies, consultancy firms, and other service providers fall under this category.

Hospitality and Food Services: This includes residential hotels, restaurants, and eateries.

Entertainment Venues: Cinemas, auditoriums, and other places for mass entertainment.

Warehouses and Storages: Facilities used for storing goods.


What is included in a Shop Act License:?

When you receive your Shop Act License, it should contain your business details, like  the name of your establishment, its address, and the type of business you’re running, like  retail, services, etc. It will also contain information about the owner, such as your name as the owner or proprietor and your address. Establishment details the date the business was started, the number of employees, registration number of your premises, its ownership status, and business registration details.

The Shop and Establishment Certificate is valid for one year or more, depending on state rules. Getting a Shop Establishment Certificate online is easy, and is crucial because it ensures that your business complies with local labor laws, protects employee rights, and maintains operational standards.

Documents to be Submitted for the Registration:

To get a Shop Establishment Certificate online, the government mandates the submission of the Shop Act Licence Documents required. Your Shop and Establishment Certificate will be issued subject to the submission the following documents:

  • Passport size photograph of the proprietor
  • Identification proof (Aadhaar card, PAN card, driving license, or voter ID card)
  • A photograph of the commercial establishment along with the owner
  • A rent agreement in case of a rented property
  • Utility bill 
  • Cancelled cheque
  • Detailed bank statement
  • Affidavit

Step by Step Process for Shop and Establishment Certificate Registration

Once you have all the documents, you can move ahead with the online application process. Here is a step-by-step look at the entire procedure:

  • Step 1: Visit the labour department website of your state and create a user ID and password. 
  • Step 2: Fill in all the required details. This would include the name and address of your establishment, details of the employer and employees, PAN Card details, and a NOC or rent agreement in case of a rented premise.
  • Step 3: Click on the Shop and Registration Form A.
  • Step 4: Select the district/state in which your shop is located and fill in all the details as requested in the form.
  • Step 5: Attach the required documents and upload them.
  • Step 6: Pay the fee.  

Once the entire process is completed, you can check the status of your application under the option titled ‘Scrutiny’. The license is issued once all the documents are verified.

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FAQs

How can I get a shop and establishment license in India?
Apply through your respective state’s labor department website or office, submitting necessary documents like ID proof, address proof, and details of the establishment.

What is the scope of the Shops and Establishment Act?
The scope of the Shops and Establishment Act covers regulating the working conditions, working hours, overtime, holidays, and other employment conditions.

Is the Shop and Establishment Act mandatory for all businesses, or are there specific criteria defining which businesses need to comply with it?
Yes, it is mandatory for all commercial establishments, shops, and businesses, including hotels, eateries, and theaters. Compliance is based on state-specific rules and criteria.

Who needs to obtain a Shop and Establishment License?
Any individual or entity running a commercial establishment, shop, hotel, restaurant, theater, or place of public amusement needs to obtain a Shop and Establishment License.

How long does it take to get the license?
The time to obtain a shop and establishment license varies by state, but it typically takes between 15-30 days from the date of application submission.

Can the shop and establishment license be transferred or modified?
Yes, it can be transferred or modified by applying to the local labor department with the necessary documentation and reasons for the change.fective financial assessment and support. Connect with us today.

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