The Maharashtra Shops and Establishment Act, 1948

The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 & Rules, 2018 (“S & E Laws”) are applicable to all the shops and commercial establishments in the whole state of Maharashtra.

The Act is enacted for the purpose of protecting the rights of employees.

The Act provides regulations of the payment of wages, terms of services, work hours, rest intervals, overtime work, opening and closing hours, closed days, holidays, leaves, maternity leave and benefits, work conditions, rules for employment of children, records maintenance, etc.

Key Definitions

“Shop” means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store-room, godown, warehouse or work place, whether in the same premises or otherwise, mainly used in connection with such trade or business, but does not include a factory.

“Establishment” means an establishment which carries on, any business, trade, manufacture or any journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or produce exchange or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession or manufacture; and includes establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others), architect, engineer, accountant, tax consultant or any other technical or professional consultant; and also includes a society registered under the Societies Registration Act, 1860, and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto; and includes shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; to whom the provisions of the Factories Act, 1948 does not apply ; and includes such other establishment as the State Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act.

Registration

• Each owner, within 60 days from starting the business shall submit application form in form ‘A’ to register the establishment.
• Registration certificate must be displayed on visible place inside the office premises.
• Registration certificate is valid for a period of ten (10) years. Before the expiry of the period, renewal application to be submitted for the next period.
• Any changes in the certificate of registration shall be notified online in Form ‘I’ to the Facilitator as per section 9 of the Act within thirty days from the date the change took place alongwith the required documents to be uploaded as specified in the application and Part ‘D’ of the Schedule.
• After closing the business of the establishment, owner should surrender the registration certificate to the registration authority.

Benefits of Registration

The establishment -

• will have a legal identity to conduct business with the territory.
• can avail benefits under various Government schemes.
• can operate business bank accounts.

Compliances

References

Maharashtra Labour Department

Maharashtra Shops and Establishments Registration / Renewal Online

User Manual for Shop and Establishment Intimation Service

User Manual for Shop, Contract Labour, Principal Employer Registration

Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act 2017

Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules 2018

Frequently asked questions (FAQs)