Karnataka Shops and Establishment Registration in Mangalore
We are Karnataka Shops and Establishment Registration in Mangalore.
Karnataka Shops and Establishment Act
The Karnataka Shops and Establishment Act regulates the operations of shops and commercial establishments. The Karnataka 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 shops or commercial establishment.
Who has to register under Karnataka Shops and Commercial Establishment Act, 1961.
Entrepreneurs owning shops and commercial establishments in the State of Karnataka have to compulsorily register with Department of Labour, Government of Karnataka as per the Karnataka Shops and Commercial Establishment Act, 1961.
- A Shop includes offices, storerooms, go downs, or warehouses, whether in the same premises or otherwise, used in connection with trade or business
- A Commercial Establishment shall mean a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house, a cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment
- A factory or a shop/establishment attached to a factory are covered under Factories Act and hence no registration under shops act is required to be done.
- All types of shops/establishments including a private limited company, limited liability partnership, partnership firm or proprietary concern have to register under this Act
Establishment Exempted from Karnataka Shops and Establishment Act
The Karnataka Shops and Establishment Act does not apply for the following types of establishments:
1. Offices of or under the Central or State Governments or Local Authorities, except commercial undertakings;
2. Any railway service, water transport service, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry, business or undertaking which supplies power, light or water to the public;
3. Railway dining cars;
4. Establishments for the treatment or care of the sick, infirm, or the mentally unfit;
5. Establishments of the Food Corporate of India;
6. Offices of legal practitioners and medical practitioners in which not more than three persons are employed;
7. Offices of a banking company;
8. Any person employed in any business from point 1 - 7 above;
9. Persons occupying positions of management in any establishment;
10.Persons whose work is inherently intermittent such as drivers, care-takers, watch and ward staff, or canvassers;
11. Persons directly engaged in preparatory or complementary work, such as, clearing and forwarding clerks responsible for the despatch of goods.
Registration of the Organisation and its Obligation:
- Each owner, within 30 days from starting the business shall submit application form in form 'A' to register his establishment.
- Registration certificate must be displayed on visible place inside the office premises.
- Registration certificate is valid for 4 years period. Before the expiry of the period, renewal application to be submitted for the next period.
- It shall be the duty of an employer to notify to the registration authority, in the prescribed form, any change with respect to any information contained in his statement during registration/renewal within 15 days after the change. Ex. Change in address, change in ownership, change in number of employee etc.
- After closing the business of his establishment, should surrender the registration certificate to the registration authority.
Highlights of Karnataka Shops and Establishment Act
The following are some of the major aspects of the Karnataka Shops and Establishment Act:
Employment of Child, Young Persons and Women
The Karnataka Shops and Establishment Act prohibits the employment of child at any establishment. A child is any person who has not completed fourteen years of age.
Also, young person and woman cannot be required or allowed to work whether as an employee or otherwise in any establishment during night. A young person is anyone who has completed the age of fourteen, but not eighteen.
Hours of Work
As per the Karnataka Shops and Establishment Act, employees can only work for nine hours on any day and forty-eight hours in any week. If the employee works more hours, then wages need to be provided for overtime. Further, the period of work of an employee in an establishment should be fixed so that, no period or work exceeds five hours without an interval.
All establishments in Karnataka are required to remain close for one day of the week and every employee in an establishment must be given atleast one whole day in a week as a holiday for rest. However, if the establishment has sufficient additional staff, then it can remain open throughout the week.
Annual Leave with Wages
Employees working in an establishment in Karnataka should be allowed to avail a leave with wages at the rate of one day for every twenty days of work performed. In case, of young persons, the employee should be allowed to avail a leave with wages at the rate of one day for every fifteen day of work performed.
The documents for registration under Karnataka Shops and Commercial Establishment Act:
The basic documents required for registration are:
1. Address and identity proof, PAN card copy of proprietor, partners or directors
2. PAN card copy of the entity
3. Address proof of the entity (rental agreement or tax paid receipt)
4. Registration documents such as partnership deed or MOA of the company
5. Declaration under non-appointment of child labour
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