Maharashtra Shops and Establishment Act
Maharashtra Shops and Establishments Act
The Maharashtra Shops and Establishment Act regulates the operations of shops and commercial establishments. The Maharashtra Shops and Establishment Act was introduced to regulate the hours of work, annual leave with wages, wages and compensation, employment of women and children and other aspects of a shop or commercial establishment. In this article, we review the Maharashtra Shops and Establishment Act in detail.
Shops and Establishment Act
The Shops and Establishment Act has been enacted by various State Governments to regulate the conditions of work of employees in shops, commercial undertakings, restaurants, etc., All commercial establishments must abide by The Weekly Holiday Act, 1942 enacted by the Central Government which governs the grant of holidays. However, there is no specific Central Government Act which comprehensively governs hours of work, payment of wages, health and safety in commercial establishments. To bridge this gap, state Governments have enacted a Shops and Establishment Act to help regulate the conduct of commercial establishments within their jurisdiction. To know more, read the article on “Shops and Establishment Act in India”.
Maharashtra Shops and Establishment Act
The Maharashtra Shops and Establishment Act regulates the operations of all the shops and commercial establishments operating in the State of Maharashtra.
The Maharashtra Shops and Establishment Act defines a “shop” as:
“A “Shop” means any premises where goods are sold, either by retail, wholesale or where services are rendered to customers and includes an office a store-room, godown, warehouse or workplace, whether in the same premises or otherwise, [mainly used] in connection with such trade or business but does not include a factory, a commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment”.
The Maharashtra Shops and Establishment Act defines as “commercial establishment” as:
“Commercial establishment” means an establishment which carries on, any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession ^and includes establishment of any legal practitioner, medical practitioner, architect, engineer, accountant, tax consultant or any other technical or professional consultant and also includes] a society registered under the Societies Registration Act, 1866 (XXI of 1860), and a charitable or other trust, whether registered or not, which carries on 9 [whether for purposes of gain or not] any business, trade or profession or work in connection with or incidental or ancillary thereto but does not include a factory, shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment”.
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Maharashtra Shops and Establishment Act Registration
The Maharashtra Shops and Establishment Act registration is required for all shops and establishments operating in the State of Maharashtra. Therefore, any shop or establishment in Mumbai or Pune must be registered under the Maharashtra Shops and Establishment Act.
Any new shop or commercial establishment in Maharashtra State must apply for Maharashtra Shops and Establishment Act registration within 30 days of commencing operations. Submit the application for Maharashtra Shops and Establishment Act registration to the local inspector in the correct format The following information must be provided in the Maharashtra Shops and Establishment Act registration application:
- Name of the employer and the manager, if any;
- The postal address of the shop or establishment;
- The name, if any, of the establishment;
- The category of the establishment, i.e., whether it is a shop, commercial establishment, residential hotel, restaurant, eating house, theatre or other places of public amusement or entertainment;
Maharashtra Shops and Establishment Act registrations are valid for a period up to the end of the year and its renewable for a period of up to three years.
Highlights of the Maharashtra Shops and Establishment Act
The following are highlights of the Maharashtra Shops and Establishment Act:
Opening and Closing Hours of Shops & Establishments in Maharashtra
As per the Maharashtra shops and commercial establishments act, shops can remain open only between 7 AM and 8:30 PM. However, shops that deal wholly in milk, vegetable, fruits, fish, meat, bread or any other goods may be opened earlier than 7 AM. Also, shops dealing mainly in pan bidi, cigarettes, matches and other ancillary articles may be open until 11 PM. Commercial establishments in Maharashtra on any day can be opened only after 8.30 a.m. and must be closed before 9.30 p.m.
It is important to note that, the State Government has the right to fix earlier opening hours for different classes of shops in different areas.
Hours of Work in Shops & Establishments in Maharashtra
As per the Shops and Establishment Act in Maharashtra, no employee shall be required or allowed to work in any shop or commercial establishment for more than nine hours in any day and forty-eight hours in any week. Any employee may also be required or allowed to work in a shop or commercial establishment for any period in excess of the limit for up to six hours in any week.
Also, the period of work of an employee in a shop or commercial establishment each day must be so fixed that no period for continuous work shall exceed five hours and that no employee is required or allowed to work for more than five hours before he has had an interval for rest of at least one hour.
Employment of a Child, Young Person or Woman
No child shall be required or allowed to work in any establishment in the State of Maharashtra. Opening and closing hours for young persons and women are also different. The young person should not be required or allowed to work in any establishment after 7.00 p.m and woman should not be required or allowed to work in any establishment after 9.30 p.m.
The Maharashtra Shops and Establishment Act defines a “Child” as a person who has not completed his fifteenth year of age.
To obtain Maharashtra Shops and Establishment Act Registration, visit IndiaFilings.com
