• Kandivali West Mumbai 400067, India
  • 022 39167251
  • support@email.com
April 28, 2020

Online Process for Registration in Shops and Establishment Act in Maharashtra

by facelesscompliance in Corporate Law

Online Process for registration in Shops and Establishment Act, 1948 in Maharashtra

Procedure for new registration and giving intimation under the Shops and Establishment Act 1948 in Maharashtra Mumbai

Registration of Shops and establishment in Mumbai & Maharashtra is mandatory under Maharashtra Shops and Establishment Act in case the total employees of the entity is more than 10 during the year. Gumasta is governed by the Municipal Corporation of Greater Mumbai under the Maharashtra Shops and Establishment Act 1948. For other regions there are state government Municipal Corporation responsible for providing license. This act enables the registration and obtaining of certificate from Municipal Corporation for your new shop/ business.

As per amendment made on 20th December 2017 in Bombay shops and establishment act which states that shops and establishment are not required to get registered and get gumasta license under the Bombay shops and establishment act if the total employees employed by the establishment is less than 10 i.e. Gumasta license shall not be mandatory for such establishments.

Process of Registration in Mumbai, has two parts one for the organisation having employees of more than 10 for which Registration is compulsory Required and secondly for organisation having less than 10 employees in which only Intimation needs to be made and receipt needs to be generated and preserved.

Detailed procedure for registration of Gumsata license under the Shops and Establishment act

Establishment having employees more than 10 are compulsorily required to register under the Bombays shops and establishment act. Here we will understand what are the various documents required for registration of gumasta license in Mumbai and the procedure for registration.

List of Documents required for Gumsata registration:

The following are the documents required for registration under Shops and establishment act:

  1. Form A duly filled. (Download Form A here)
  2. Passport size photo of employer
  3. Aadhaar card of employer
  4. PAN card of Entity
  5. In case of company or LLP or partnership firm then Certificate of incorporation or Registration certificate is required.
  6. In case of cooperative society or trust, the certificate of registration of appropriate authority
  7. Address proof of business (any one)
    1. Purchase agreement/ Leave & License agreement,
    1. Property card
    1. Current year property tax paid receipt
    1. Curretn eleictricity bill
  8. No objection certificate from the society in case the business is conducted in a flat/ apartment or housing society.
  9. Photo of establishment
  10. RBI/ SEBI/ IRDA registration no. or any such registration number which is mandatory before starting business of banking, share, mutual fund, insurance, finance lending institute etc.

Following is the step wise online process to provide registration and generate Certificate

Step 1: Go to https://portal.mcgm.gov.in/irj/portal/anonymous

Under “Online Service” tab select “Shops and establishment” option. It will redirect you to Shops and establishment user page.

Step 2: Select “Application for Registration of Shops & Establishment (Form A) (10 and above Employees)”

It  will redirect you to intimation form. Now, select “New Business Application no. generated” as “No” and click on “continue” button

It will redirect you to application form.

Step 3: Filing application form:

Now fill the below details in the application form:

  1. Name of the establishment
  2. Postal Address and Situation of Establishment
  3. Mobile no and email id of the emloyer or authorized signatory
  4. MCGM Ward under which the establishment come under
  5. Date of commencement of business
  6. Nature of business
  7. Category of establishment
  8. Whether establishment fall under private or public category
  9. Total no of employees
  10. Type of employer, No of employers
  11. Enter the details of employer by clicking on “Enter Name” button
  12. Enter details of manager if any
  13. In case the place of business conducted in owned premises enter detail of the owner of the premises and address of the premises
  14. In case place of business conducted in rental or lease premises enter detail of the owner of the premises and address of the premises
  15. Enter building UID details if any

Enter the above details and click on “Continue” button

Step 4: Uploading documents:

Now upload the documents and click on “upload” button

Now click on “Continue” button. It will redirect you to final submission page.

Note:

  1. Upload the Documents in ( PDF, JPEG, JPG, PNG, BMP , GIF) Format only
  2. Maximum Upload size will be 2MB per Attachemnt.
  3. Fields marked with red mark are Mandatory
  4. Maximum Upload size will be 128KB for Photo & Signature Attachemnt and Upload the Documents in BMP Format only.

Step 5: Final Submit

Now click on “Generate OTP” button below. It will send the OTP to the mobile no entered by you in the form. Enter the OTP and clcik on “Submit” button your “Gumasta License” and “Shop and Establishment License” will be generated.

Online procedure in case of existing establishment having employees less than 10 employees and generate Intimation Receipt

The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 came into effect December 20, 2017. The 2017 Act replaces the Maharashtra Shops and Establishment Act of 1948. Maharashtra is the first state in India to draft the new Shops and Establishments law. The law is applicable to all commercial establishments in the state, (not covered under the Factories Act), which employ 10 or more workers. If there are less than 10 employees then intimation of the same need to be given. Every employer within 60 days from the date of commencement of this act or the date on which establishment commences its business, the employer of every establishment employing ten or more workers shall submit application online. Further we will understand in detail how to submit the intimation form online.

Details required for Intimation in case of establishment having less than 10 employees:

  1. Passport size photo
  2. Scanned copy of employer signature
  3. Aadhaar card copy
  4. Scanned copy of Previous gumasta certificate.

Following is the online process to provide intimation and generate receipt for the same

Step 1: Go to https://portal.mcgm.gov.in/irj/portal/anonymous

Under “Online Service” tab select “Shops and establishment” option. It will redirect you to Shops and establishment user page.

Step 2: Select “Intimation Application for 0 to 9 Employees (Form F)”

It  will redirect you to intimation form. Now, select “New Business Application no. generated” as “No” and click on “continue” button

It will redirect you to Intimation form.

Step 3: Filing intimation form:

Now fill the below details in the Intimation form:

  1. Name of the establishment
  2. Previous ward (Check your gumasta certificate)
  3. Registration categories
  4. Gumasta Registration no
  5. Date of expiry of gumasta license
  6. Postal address of establishment as per gumasta license
  7. Date of commencement of business
  8. Nature of business
  9. Category of establishment
  10. PAN no of the establishment
  11. Whether establishment fall under private or public category
  12. Total no of employees
  13. Type of employer, No of employers
  14. Enter the details of employer by clicking on “Enter Name” button
  15. Enter aadhaar details of the employer
  16. Enter details of manager if any
  17. Enter building UID details if any

Now click on “Continue” button. It will redirect you to “Upload documents” Page

Step 4: Uploading documents:

Now upload the documents i.e. Passport size photo of the employer, signature of the employer, Aadhaar card of the employer and Previous gumasta certificate of the establishment.

Select “I Agree for the above Self-Declaration” check box and click on upload document.

Now click on “continue” button

Note:

  1. Upload the Documents in ( PDF, JPEG, JPG, PNG, BMP , GIF) Format only
  2. Maximum Upload size will be 2MB per Attachemnt.
  3. Fields marked with red mark are Mandatory
  4. Maximum Upload size will be 128KB for Photo & Signature Attachemnt and Upload the Documents in BMP Format only.

Step 5: Final Submit

Now click on “Generate OTP” button below. It will send the OTP to the mobile no entered by you in the form. Enter the OTP and clcik on “Submit” button your form will get submitted on the portal and intimation will be generated

Various registers and records to be maintained by the owner of the establishment and its inspection

Under the Shops & Establishment Act 1948, the employer of the establishment is required to maintain various registers such as attendance register, leave card, salary register etc. relating to the employees working in the establishment. Further, the inspectors are required to visit the
establishments for inspecting the said records.

To protect the interest of the workers and to promote the industries and businesses, the facility of uploading the records to be maintained by the employer on the Upload Register Tab

After uploading the records by the employer, the concerned inspector will verify the said records on his login id. Thereafter, if the said records are proper, will record such observation which will be sent to the employer on his e-mail id.

Also while inspecting records if discrepancies / irregularity found, the concerned inspector will pass on the remarks to comply the same within 15 days. Message to that effect will be sent on his/her email id.

If the employer of the establishment does not comply with the said deficiencies within prescribed period, the inspector will visit the establishment only with prior approval of the competent authority, i.e. Asst. Commissioner and pass inspection remarks under the Act. Responsibility of getting the deficiencies in the inspection remarks complied with will be that of the immediate senior officer of the inspector. The concerned senior officer will take action for compliance as per the procedure being followed by the Government of Maharashtra. The orders to take further action in connection with the observations not complied with, will be given by the
concerned senior officer to the concerned inspector.