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Thursday, December 16, 2010

Bombay Shops and Establishments Act, 1948

Procedure for New Registration of Establishment:

Employer of an Establishment has to apply to the inspector of the local areas
concerned in the prescribed Form-A along with the prescribed fees for getting the establishment registered under the Act.

Required documents for registration:
• Memorandum & Article of Association / Trust Deed
• List of Directors with their Residential Address
• Proof of place viz. Copy of Leave & License Agreement.
• Proof of payment made to any local authority viz. Copy of Electricity bill, Telephone bill etc.
• A/c Payee Cheque towards the Registration Fee depend on the number of employees in favour of ‘Municipal Corporation of Greater Mumbai'
• Premises purchase Agreement
• First Bank Account opening proof/ Bank Account No. Details
• First income tax Assessment order
• BMC Declaration
• Date of commencement of Business

On receipt of the application and the fees the inspector, on being satisfied about
the correctness of the particulars contained in the application will register the
establishment and issue a registration certificate.

Time limit of Registration:

The Employer of an establishment has to apply to the Inspector of the local area concern in Form "A" alongwith prescribed fees and necessary documents for getting the establishment registered under the Act within 30 days on which the establishment commences its work. On an application from the employer, the Registration Certificate can be granted for a period of 3 years at a time on payment of fees for that period.

Renewal of Registration Of Establishment:

• The employer has to get the registration certificate renewed every year by
applying to the Inspectors by applying to the inspectors in the prescribed Form B.

• There are provisions in the Act for the renewal of registration by submitting the relevant forms to the authority notified along with the old certificate of registration
and renewal fees for minimum one year renewal and maximum of 3 year

• The prescribed Form B has to be submitted 15 days before the expiry date of certificate.

Change In Any Particular

• In case of any changes in the information furnished at the time of registration or renewal in Form "A" & "B" respectively, the employer has to notify such changes to the Inspector in the prescribed Form E accompanied by prescribed fees which shall be submitted to the Inspector of the area within 15 days in case of change in employment strength and within 30 days in case of any other changes and get the registration certificate suitably amended.

• Form "E" shall be accompanied by the Original Registration Certificate with the necessary documentary evidence. On physical verification of the changes by the Inspector, he shall endorse the changes on the Registration Certificate and return back duly authenticated, within two weeks time.

• In case of any change in the establishment, it has to be specified
within 15 days after the expiry of the quarter to which the changes relate. It is to
be noted that the establishment of the central government and state government
are exempted from all provisions of Act by Section 4 and Schedule II, Entries 1
and 2. Also in the cases where the shop or commercial establishment is situated
in the premises of a factory and is not connected with the manufacturing process
of the factory, the provisions of the Act will apply to it otherwise the provisions of Factories Act will apply to it.

Issue of Duplicate Certificate:

In case the Original Registration Certificate is lost, destroyed or defaced the employer shall report the matter to the Sr. Inspector of the area/ward and shall make an application for issue of duplicate certificate along with the fee.

Closing of Establishment:

The employer shall inform the Inspector of the area within 10 days of the closure of the establishment under Section 8 of the Act, vide an application on the company letter head stating the reason of closure and the Original Certificate shall be surrendered along with the application.

Closing of establishment to be communicated to Inspector.-The employer shall, within ten days on his closing the establishment, notify to the Inspector in writing accordingly. The Inspector shall, on receiving the information and being satisfied about its correctness, remove such establishment from the register of establishments and cancel the registration certificate:

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