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Bombay Shops & Establishments Act, 1948

Process

Form A

This form is prescribed for registration of an establishment under Bombay Shops & Establishments Act, 1948. Registration is made under Sec 7(1)(4) of Bombay Shops & Establishments Act.
Download Form A

• Documents required for registration of establishment
  • Form A correctly filled by the employer
  • Rent receipt or maintenance bill (if the establishment is situated in a housing. society) standing in the name of the employer issued by the landlord / society or
  • Consent letter from the principal tenant / owner of the premises if the employer is other than the tenant / owner

or

• Valid leave and licence agreement between the owner and the occupant

or

• Affidavit-cum-identity bond specifically expressing the reason for not producing any of the above documents in addition to the other usual clauses
• Electricity bill for the premises
• Ration card if the establishment is functioning at the place of residence
• Tax bill for the premises

or

• Premises allotment / occupation certificate / order issued by the government / semi-government / municipal authorities in favour of the employer
• Proof of business transactions to show that the business is in existence. If the establishment/firm is other than a proprietory concern, the partnership deed, memorandum of articles, incorporation certificate, and a list of the directors duly signed by the proper authority, as the case may be.

Form B

This is prescribed for the periodical renewal of registration certificate say for one year or three years at a time. Renewal is made under sec 7(2A) of the Bombay Shops and Establishments Act. Download Form B

Form E

This form is prescribed for making any subsequent change in the information already submitted in Form A. Download Form E

Per Section 7 of the Bombay Shops & Establishments Act, 1948, it is obligatory to register the establishment under the Act. Under Section 7(4) the employer is obliged to get his establishment registered in the prescribed manner within 30 days from the date of which the establishment commences its work. According to the provisions of Section7 (1), it is required to submit the prescribed Form A together with prescribed fees to the concerned Shop Inspector for registration of the establishment. Pursuant to Section 7(2), on receipt of the statement in Form A alongwith prescribed fees, on being satisfied about the correctness of the statement, the Registration Certificate for registration of the establishment is issued in Form D in accordance with the provisions of Rule 6 of the Maharashtra Shops & Establishments Rules, 1961.

The Registration Certificate is generally valid upto the end of the calendar year for which it is granted. Under Section 7(2A) it is required to get every Registration Certificate renewed for the next calendar year fifteen days before the date of expiry of the current Registration Certificate, by submitting the prescribed Form B along with prescribed renewal fees to the concerned Shop Inspector.

Per Section 7(2B), the employer has the option to renew the Registration Certificate for 3 calendar years at a time by paying the requisite fee for a 3-year period. In such cases, the Registration Certificate shall be valid upto the end of the third calendar year including and from the year in which it is granted or renewed as the case may be.

If the renewal application is not made within the prescribed period but is made within thirty days after the date of expiry of Registration Certificate or the renewed Registration Certificate as the case may be, then cases an additional fee is charged as late fee equal to half of the fee payable for normal renewal of Registration Certificate in accordance with the provision of Section 7(2A); and in such cases penal action for non-renewal of Registration Certificates is levied by the state government as per Schedule I appended to Rule 5 of the Maharashtra Shops & Establishments Rules,1961 made under the Bombay Shops & Establishments Rules 1948 and that are fixed in relation to the number of employees employed in the establishment.

The rates of said fees applicable from 24.6.1997 as per government notification under No. BSE/1094/(5524)/Lab-9 dated 24.6.1997 are as under:

• In addition to the Bombay Shops & Establishments Act fees, a sum of three times the registration and renewal fees per year is charged as Trade Refuse Charges under the provisions of Mumbai Municipal Corporation Act, 1888.
• Under Section 8 the employer has to notify the Inspector at the prescribed time in Form E along with prescribed fees if any change has taken place in the particulars contained in the statement submitted under Section 7 of the Bombay Shops & Establishments Act, 1948. On receipt of Form E along with prescribed fees within the specified time in the manner prescribed in Rule 8, on being satisfied about the correctness of the change, the necessary entry for the change occurred will be made in the Registration Certificate, or a fresh Registration Certificate may be granted if necessary.
• The rates of fees for notice of change in respect of prescribed Form E applicable from 24.6.1997 as specified in Schedule II appended to Rule ' ** of the Maharashtra Shops & Establishment Rules, 1961, are as under:

• In case of loss of Registration Certificate or if it is destroyed or defaced, and an application is submitted by the employer for a duplicate copy, the duplicate Registration Certificate may be granted on payment of fees of twenty rupees in accordance with the provisions of Rule 7 of the Maharashtra Shops & Establishment Rules, 1961.
• For non-registration of the establishment and non-renewal of the Registration Certificate within the specified time as stated above, employers are liable for penal action under Section 52 of the Act.
• The headquarter of the Shops and Establishments Department is situated at the office, of the Chief Inspector (Shops & Establishments), Bhimabai Rane Municipal School Building, 4th floor, Raja Rammohan Roy Marg, Girgaum, Mumbai 400 004.