Kerala Shops and Establishment Registration
Kerala Shops and Establishment Registration
To legally operate a business in India, obtaining registration under the Shops and Establishment Act is mandatory. Each state has developed its own laws and regulations to address specific local requirements. In Kerala, it is crucial for all shops and establishments to secure this registration to ensure compliance with the state’s legal requirements and labour regulations.
Ensure your business is legally compliant in Kerala by registering under the Shops and Establishment Act. Let IndiaFilings help you with a seamless and hassle-free registration process. Get started with IndiaFilings today and secure your shop and establishment registration in Kerala!
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Shop and Establishment Registration in Kerala
The Kerala Shop and Establishment Act 1960 was introduced to regulate and legalise businesses while protecting the rights of employees. This Act provides rules and regulations concerning wages, working hours, holidays, maternity leave, and other employment benefits. Every commercial establishment in Kerala, regardless of its size or nature, must register under this Act to operate legally.
Also read: Kerala Shops and Establishment Registration
Key Rules Under the Kerala Shops and Establishment Act
The Kerala Shops and Establishments Act provides several rules and regulations that businesses must adhere to to maintain compliance. These rules cover working conditions, employment regulations, and other operational guidelines.
Employment of Women, Children, and Young Individuals:
- The Act prohibits the employment of children.
- Women and young individuals (under 17) cannot work before 6 AM or after 7 PM.
Working Hours:
- Employees cannot work more than 8 hours per day and 48 hours per week.
- Overtime must not exceed 10 hours per day, and no employee can work more than 4 hours without a break.
Exemption for Pregnant Women
- Pregnant women are exempt from working before and after delivery and are also restricted from carrying heavy loads during pregnancy.
Weekly Holidays:
- Every shop must remain closed for at least one day a week. This closing day must be displayed prominently in the shop and cannot be changed more than once every three months.
Annual Leave and Wages:
- Employees are entitled to 12 days of leave with wages after completing 12 months of continuous service. Sick leave with wages is also allowed in case of accidents or illness.
Termination Rules:
- Employers cannot terminate employees who have served less than six months without a valid reason. A one-month notice must be provided to employees who have served more than six months.
Overtime Pay:
- Employees working overtime must be paid double the regular wages for the extra hours worked.
Management of Records
- Businesses must maintain proper records as part of compliance with the Kerala Shops and Establishments Act. Some of the key records that must be maintained include:
- Form A or B: For employment records.
- Form D: To record total working hours.
- Form E: To record holidays for employees.
- Inspection Book: For official inspections.
- Notice of Holidays: Displayed prominently in the establishment.
These records ensure businesses can pass inspections and audits by the Labour Department and other regulatory bodies.
Benefits of Kerala Shops and Establishment Registration
Obtaining shop license Kerala provides businesses with several benefits, including:
- Legal Proof of Business: The registration certificate acts as legal proof for shop and establishment owners, ensuring their business is recognised by the state government.
- Business Bank Account: The certificate enables business owners to open a current business account with any bank.
- Government Inspections: With proper registration, businesses can successfully navigate and pass government inspections.
- Access to Government Benefits: Small business owners can avail of various government schemes and benefits by being registered under the Act.
- Employee Rights Protection: Registration ensures compliance with labour laws, protects employees’ rights, and provides them with legal benefits such as holidays, maternity leave, and fair wages.
Eligibility Criteria for Kerala Shop and Establishment Registration
The Kerala Shops and Establishments Act 1960 applies to all commercial establishments operating within the state. These include:
- Shops
- Hotels, restaurants, and cafés
- Residential lodges
- Theatres and entertainment venues
- Public amusement places
- Trading, industrial, and banking establishments
- Whether small, medium, or large, businesses involved in selling goods or offering services must register under the Kerala Shops and Establishments Act 1960.
Registration ensures that businesses comply with local laws and provide fair working conditions for employees.
Establishments Exempted from Registration
Although the Act covers a wide range of businesses, certain establishments and individuals are exempt from registering under the Kerala Shops and Commercial Establishments Act. These include:
- Employees in Managerial Positions: Those who have ultimate control over business decisions.
- Service Providers Involving Travel: Workers whose jobs require frequent travel.
- Central or State Government Undertakings: Public sector establishments under government control.
- Local Authorities: Municipal corporations and other local government bodies.
- Establishments under the Reserve Bank of India (RBI): Banks and financial institutions governed by RBI.
- Temporary Fairs: Shops or stalls set up for short durations during fairs or festivals.
- Establishments covered by the Factory Act, 1948: Businesses regulated by the Factory Act do not need separate registration under the Shops Act.
Documents Required for Kerala Shops and Establishment Registration
To successfully complete Kerala Shops and Commercial Establishment Online Registration, applicants must submit the following documents:
- Employer or Manager Details: Including full name, contact details, and address.
- Partnership Deed or Trust Deed: For partnerships or associations.
- Bank Details: Including account number, bank name, and IFSC code.
- Rental Deed: If the premises are rented, a rental agreement must be provided.
- Details of Directors/Partners: Including names and addresses.
- PAN and Aadhaar Details: For the owner or applicant.
- List of Employees: Including names, addresses, date of birth, workplace designation, and joining date.
- MOA or AOA: For registered companies.
- Certificate of Incorporation: If applicable.
Procedure for Kerala Shops and Establishment Online Registration
The Kerala government has enabled Kerala Shops and Commercial Establishment Online Registration through the Labour Department’s portal to streamline the registration process. Below are the steps for registering a shop or establishment:
- Visit the Official Portal: Go to the Kerala Labour Department’s official website for Kerala shops and online registration for establishments.
- Select “Online Registration”: Click on the “Online Registration” option and read the guidelines. Then, click on “Proceed.”
- Choose the Appropriate Act: Select “Kerala Shops and Establishments Act, 1960” from the dropdown menu. Choose your district and the office for registration.
- Fill in Essential Information: Enter all required details, including:
- Name of the employer and manager
- Name and postal address of the establishment
- Nature of the business
- Number of male and female workers
- Business owner’s mobile number, etc.
- Submit Employee Details: Download the employee details format from the portal, fill in the necessary fields, and upload the document.
- Submit the Application: After entering all required details, click “Submit Application.”
- Note Registration Numbers: After submitting the form, take note of your application number and temporary registration number.
- Make Payment: Pay the requisite registration fee online.
- Print Application: Use the temporary registration number to print a copy of your application for future reference.
Validity of Kerala Shop License Online
Once issued, the Kerala shop license online is valid for one year from the issue date. Business owners must renew their registration annually to remain compliant with the law. The renewal process should be initiated 30 days before the expiration of the registration certificate. Failure to renew the shop license in Kerala may result in penalties or suspension of the business’s legal rights to operate.
Shop License Renewal Kerala – How to Renew Shop Licence in Kerala Online?
Business owners need to renew their Kerala shop license online annually. The renewal process for shop license renewal in Kerala is straightforward and can also be completed online through the Labour Department’s portal.
Penalties for Non-Compliance with the Kerala Shops and Establishment Act
Non-compliance with the Kerala Shops and Establishments Act can lead to penalties and legal consequences.
The initial penalty for failing to comply with the rules is ₹250, with an additional ₹10 per day until compliance is achieved. Specific violations, such as failure to adhere to sections 6, 8, 9, and others, may also result in penalties.
How Can IndiaFilings Help with Your Shop Act Registration in Kerala?
IndiaFilings simplifies the shop and establishment registration process in Kerala, ensuring your business meets all legal requirements. Here’s how we can assist:
- Expert Guidance: Our professionals provide step-by-step assistance to ensure your business complies with the Kerala Shops and Establishments Act.
- Documentation Support: We help you gather and submit all the necessary documents, including employee details, business information, and legal paperwork.
- Seamless Online Registration: Our team will manage the entire Kerala shops and commercial establishment online registration process, saving you time and hassle.
- Compliance Management: We ensure your business adheres to all labour laws and regulations, including working hours, holidays, and employee benefits, to avoid penalties.
- Shop License Renewal: We can assist with shop license renewal in Kerala, ensuring your registration remains valid without any interruptions to your business operations.
Get in touch with IndiaFilings today and let us handle your shop and establishment registration in Kerala, allowing you to focus on growing your business!
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FAQs: Kerala Shops and Establishment Registration
1. Who needs to complete Kerala shops and commercial establishment act online registration?
All commercial establishments, including shops, hotels, cafés, theatres, and banking institutions, must complete the Kerala Shops and Commercial Establishment Act online registration.
2. What documents are required for Kerala shops and establishment registration?
To complete the Kerala shops and establishment registration, you need to provide employer details, partnership or trust deeds (if applicable), bank information, rental agreements (if renting), details of directors or partners, and employee information. Additional documents such as PAN, Aadhaar, and company incorporation certificates may also be required.
3. What is the process for shop registration in Kerala?
The process for shop registration in Kerala involves visiting the Kerala Labour Department’s official portal, selecting “Kerala Shops and Establishments Act, 1960,” and completing the online application by providing required details such as employer information, establishment name, and employee details. Once the application is submitted and the registration fee is paid, the shop registration in Kerala is done.
3. How do I renew my shop license in Kerala?
You can renew your shop license in Kerala through the Labour Department’s online portal. It is important to renew the license 30 days before its expiration to avoid penalties.
IndiaFilings experts are here to help with your Kerala shop license renewal, ensuring a smooth and hassle-free process.