About Shop and Establishment Act
Are you planning to establish a new business in Gurgaon, Faridabad and other cities of Haryana? Do you want to ensure that you fulfill all necessary legal requirements?
If so, then look no further. This guide will provide you with all the necessary information about the Haryana Shops and Commercial Establishments Act, ensuring that your business launch is smooth and compliant.
The Haryana Shops and Commercial Establishments Act and its accompanying Rules were created to safeguard the rights of workers. It is modelled after the Punjab Shops and Commercial Establishments Act of 1958 and applies to all shops and commercial establishments located in the regions specified by the Government of Haryana. This Act outlines regulations to secure the rights of workers in shops and commercial establishments, covering the following areas:
- Wages payment
- Employment conditions
- Working hours
- Rest periods
- Overtimes
- Business hours of operation
- Days of closure
- Holidays
- Leaves
- Maternity leave and benefits
- Work environment
- Child labor regulations
- Maintenance of employee records.
Exemption From Shop Act Registration
The following entities are exempt from the provisions of the Haryana Shops and Commercial Establishments Act and Rules:
- Government offices or departments at the central or state level (excluding commercial undertakings), the Reserve Bank of India, any railway administration, or any local authority.
- Services such as railway, water transport, air, tramway, postal, telegraph, telephone, public conservancy or sanitation, or any business that provides power, light, or water to the public.
- Railway dining cars.
- Law offices.
- Individuals employed by any of the establishments mentioned above.
- Individuals whose work hours are regulated by the Factories Act 1948, excluding sub-sections (3), (4), and (5) of Section 7 of the Shops and Commercial Establishments Act.
- Individuals whose work is naturally intermittent.
- Stamp vendors and petition writers.
Documents Required for Shops and Establishment act Registration
The following documents are typically required for registering a shop or establishment in Gurgaon, Faridabad and other cities of Haryana under the Shop and Establishment Act in India:
- Proof of identity: A copy of the PAN card and Aadhar card of the business owner is required as proof of identity.
- Proof of address: A copy of a recent utility bill or any other official document that serves as proof of address for the business owner may be required. If the shop or establishment is located in a rented property, a no-objection certificate (NOC) from the landlord may be required.
- Details of the shop or establishment: Information about the nature of the business, the address of the shop or establishment, and the number of employees working there must be provided.
- Photo of Owner: A passport-sized photograph of the owner is typically required for registering a shop or establishment under the Shop and Establishment Act.
- Photo of Shop along with the Owner: A photo of the shop along with the owner may be required for shop or establishment act registration in Gurgaon, Faridabad under the Shop and Establishment Act. The photo should be clear, recent. It is used to verify the location of the shop.
Fee for Shop and Establishment act Registration in Haryana
The fees for obtaining a certificate of shop act registration in Gurgaon, Faridabad are based on the nature of the business. The fee amount may vary depending on factors such as the number of employees, and the type of business activity being conducted.
| Type of establishment | Registration fee for 3 years |
| Starred hotels, cinema houses, banks, insurance companies, financial institutions and/or Information Technology and Information Technology Enabled Establishments and Telecommunication establishments Employing 10 or more employees. | Rs. 5,000 |
| Nursing homes, Privately managed Educational Institutions/Universities and Petrol Pumps | Rs. 1,000 |
| Workshops, automobiles service stations (not covered under the Factories Act, 1948), Computer Training Centers, Shorthand and type institutions, Health & Fitness Clubs, clinics, Medical laboratories, restaurants, un-starred hotels, and/or all Establishments employing 10 or more employees. | Rs. 500 |
| All Shops and commercial establishments not covered under and above three categories and employing less than 10 employees. | Rs. 300 |
| All Shops and commercial Establishments owned and/or managed by the shopkeepers himself/herself and not employing and employee. | Rs. 100 |
Renewal of Certificate
According to the provisions of the Haryana Shop and Establishment Act, the shop act registration in Gurgaon, Faridabad and other cities of Haryana must be renewed every three years. The renewal process involves submitting a renewal application and paying the prescribed renewal fee. A grace period of thirty days is typically allowed for the renewal of the certificate after the expiry date, during which time the certificate can still be renewed by paying the prescribed fee. It is important to renew the shop act registration in Gurgaon, Faridabad and other cities of Haryana on time to avoid any legal implications and to ensure that the business is in compliance with the provisions of the act.
Choose us for Shop Act Registration in Gurgaon and Faridabad
if you are looking for a reliable and experienced team to help you with the Shop Act Registration in Gurgaon and Faridabad, our team of chartered accountants is here to help. With our expertise and commitment to excellence, we will ensure that the process is completed smoothly and efficiently, so that you can focus on running your business.
As a team of chartered accountants in Gurgaon and Faridabad, our team of experts can help you in the process of obtaining a Shop Act Registration in Gurgaon and Faridabad. The first step in the process is to apply for a Shop Act License with the local labour department. This license is valid for a period of five years and must be renewed every five years. The application for the license must be made in the prescribed form and must be accompanied by the necessary documents, such as a copy of the rental agreement for the shop or establishment, proof of ownership of the premises, and a certificate from the local fire department.
In addition to the Shop Act Registration, our team can also assist you in obtaining other licenses and registrations required for the operation of your business, such as the GST registration, the PF registration, and the ESI registration. Our team will ensure that all the necessary compliances are met and that you are fully compliant with all the relevant laws and regulations.
Important key Points:
- The maximum daily working hours for an employee on any one day should not exceed 9 hours and the maximum weekly working hours should not exceed 48 hours.
- During seasonal or exceptional pressure of work, an employee may be allowed to work overtime but the total overtime hours in a quarter should not exceed 50 hours. The employee must be paid double the normal hourly wage for overtime hours.
- An employee should not work for more than the permitted hours in a day or week if they have already worked in another establishment or factory on that day or week.
- An employer must prove that they did not know and could not reasonably ascertain that the employee was previously employed by another establishment or factory if they are facing proceedings for contravening the provisions of this act.
- No person is allowed to work for more than the period during which they were lawfully employed under the Haryana Shops and Commercial Establishments Acts and Rules.
For any questions or inquiries, feel free to reach out to us at mail@nbaoffice.com. Our team is always ready to assist you.
