Shop Act Licence (Gumasta License)
What is Shop Act Licence?
- The Shop and Establishment Act Licence is type of legal permission from Government for doing business in a particular place.
- Shop Act Licence also known as Gumasta License in Mumbai and some other places.
- It is mandatory to obtain Shop Act Licence in Maharashtra within 60 days of commencement of the business.
- The rules and regulations for Shop Act Licence differ across states, but the basic process is the same.
- Despite the variation in the rules and regulations of the states, the aim is to regulate the working conditions and ensure that the rights of workers are protected.
What is the benefits of Shop Act Licence?
- Shop Act Licence gives your business an identity.
- It is useful for opening a current account with a bank.
- This facilitates the inspection process of your business.
- You can take advantage of many government schemes.
- It is one of the important documents of the business.
How to apply online for Shop Act Licence Registration or Renewal?
We can assist you in shop act registration and renewal process through our specialist service. You can Apply for Shop Act Licence registration or renewal through our service at an affordable cost. You just have to provide the necessary information and documents and the rest of the application process will be done by our professionals on your behalf. If you want to do this process yourself, you can apply at MahaOnline. If the number of employees is 9 or less, then you have to fill Form-F and you receive Form-G Intimation but if you have 10 or more employees then Form-A will be filled and Form-B registration will be received.
What documents are required for Shop Act Licence Registration or Renewal?
Documentation process for getting Shop Act License Certificate is very easy comparatively other licenses and registrations.
Required documents for Shop Act Licence are as follows:
- Application Form (Form-F or Form-A)
- Passport-Size Photo of Applicant
- Photo of the Signature of Applicant
- Aadhaar Card of the Applicant
- Business Address Proof
- Electricity Bill/Property Tax Receipt
- Rent-Agreement (If Rental)
- Photo of the Shop/Establishment with Name Board (Marathi)
- Based on the constitution of the business, following additional documents are required:
- Partnership Firm: Deed of Partnership
- Private Limited Company/OPC: Certificate of Incorporation
- Public Limited Company: Certificate of Incorporation & MoA
- Limited Liability Partnership: LLP Agreement
- Trust: Trust Deed
- Co-Operative Society: Copy of Bye-Laws
- Business Specific Licenses (If applicable): Such as FSSAI, RTO Transport Permit, the Food and Drugs Administration License, etc.
- Self-Declaration (Duly-Signed)
What is the procedure for cancellation of Shop Act License?
While closing the business, there are some protocols that these owners have to follow. The way processes occur when starting a new business should also be introduced during the closing of a shop or establishment. Application for cancellation of shop and establishment license has to be done online at MahaOnline. After filling the form, you have to submit it online along with supporting documents. Then the notification regarding the application will be sent to the registered Email Id or SMS. You can also take our assistance service for this process. This will make this process much easier.
What is Opening and Closing Hours, Hours of Work, Interval for Rest, Spread-Over, Wages for Overtime and Weekly-Off?
Notwithstanding anything contained in this Act, the State Government may, fix, by notification in the Official Gazette, in the public interest, such hours for opening and closing of different classes of establishments and for different premises, shopping complex or mall or for different area or areas and for different period.
Subject to the other provisions of this Act, no adult worker shall be required or allowed to work in any establishment for more than nine hours in any day and forty-eight hours in any week. No adult worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour:
Provided that, the working hours or weekly holiday may be relaxed in case of work of urgent nature with the previous permission of the Facilitator.
The Maharshtra Shop & Establishemnt Act, 2017 has focused on some specific points for women:
- No woman worker shall be discriminated in the matter of recruitment, training, transfers or promotion or wages.
- No woman worker shall be required or allowed to work in any establishment except between the hours of 7:00 a.m. and 9:30 p.m.
- Provided that, the woman worker with her consent, shall be allowed to work during 9:30 p.m. and 7:00 a.m. in any establishment in which adequate protection of their dignity, honour and safety, protection from sexual harassment and their transportation from the establishment to the doorstep of their residence as may be prescribed are provided by the employer or his authorised representative or manager or supervisor.
- Notwithstanding anything contained in the preceding sub-sections, the State Government may, by notification in the Official Gazette, in the public interest, prohibit or regulate the employment of women workers after 9:30 p.m. and before 7:00 a.m. in such shops, establishments, hotels, restaurants, residential hotels, permit rooms, bars, spa-massage parlours, lodges or any business or any trade or occupation in such area or areas as it may deem fit.
The spread-over of a worker in establishment shall not exceed ten and half hours in any day, and in case a worker entrusted with intermittent nature of work or urgent work, the spread over shall not exceed twelve hours.
Where a worker in any establishment is required to work beyond nine hours a day or forty-eight hours a week, he shall be entitled, in respect of the overtime work, wages at the rate of twice his ordinary rate of wages. The total number of overtime hours shall not exceed one hundred and twenty five hours in a period of three months.