Shop & Establishment _Rules_2018

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NOTIFICATION MAHARASHTRA SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2017. No. MSA 11/ 2017/ CR 298/ Labour 10.-- In exercise of the powers conferred by sub-section (/) of section 37 of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (Mah. LXI of 2017) and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules; the same having been previously published as required by sub-section (2) of section 37 of the said Act, namely :-- 1. Short title.- These rules may be called the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018. 2. Definition.-- (1) In these rules unless the context otherwise requires,- (a) “Act” means the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017(Mah.LXI of 2017) ; (b) “Form” means the forms appended to these rules ; (c) “Government” means the Government of Maharashtra ; (d) “Schedule” means a Schedule appended to these rules ; (e) “section” means a section of the Act ; (f) “Managerial Functions” means all such functions which are inherently supervisory in nature and are bestowed with powers and authority to take all policy and administrative decision in an organisation, e.g. power to sanction leave, award increment, take disciplinary action, to terminate, suspend or dismiss a worker or indulge in policy making decision regarding any aspect of the business or service, conditions of workers and such other similar powers. (2) Words and expressions used in these rules but not defined hereinabove shall have the same meanings as are respectively assigned to them in the Act. 3. Application for registration of establishment.-- The employer of every establishment engaging ten or more workers shall submit online application in Form ‘A’ for registration of the establishment as per section 6 of the Act alongwith the required documents as specified in Part A of the Schedule. 4. Payment of Electronic Transaction or Service Charges.-- No fee is prescribed under this Act and rules. However, the employer shall pay the electronic transaction or service charges as fixed by the Government from time to time for availing e-services under the Act and these rules. 5. Manner of registration of establishment.-- (1) Every online application in Form ‘A’ for registration of establishment may be assigned to any of the Facilitator of that local office, who shall scrutinise the application, uploaded documents along with the details mentioned in the application. If the application is complete in all respects and supported with all the required documents, he shall digitally sign the certificate of registration, which shall be in Form ‘B’ within working seven days from the date the application appears on the dashboard of the Facilitator. The digitally signed certificate may be downloaded by the applicant. The entry of the establishment which is registered shall be made in the Register of Establishments to be maintained in Form ‘C’. (2) If an application is incomplete or not supported with required documents as mentioned in these rules, then the Facilitator, may reject such application by mentioning the reasons thereof within working seven days from the date on which the application appears on the dashboard of the Facilitator. 6. Renewal of registration certificate.-- Every application for renewal of registration shall be submitted online in Form ‘D’ alongwith the required documents as specified in Part B of the Schedule. 7. Issue of renewed certificate.-- (1) The Facilitator shall scrutinise the application for renewal of registration and the documents uploaded. If an application is complete in all respects and supported with all the required documents, he shall digitally sign the renewed certificate of registration which shall be in Form ‘E’ within working seven days from the date on which the application appears on the dashboard of the Facilitator. The digitally signed certificate may be downloaded by the applicant. (2) If an application is incomplete or not supported with required documents as mentioned in these rules, the Facilitator by mentioning the reasons thereof, may reject such application within working seven days from the date on which such application appears on dashboard of the Facilitator. 8. Form for intimation of commencement of business by such employer engaging less than ten workers.- The employer of every establishment engaging less than ten workers shall submit an online intimation in Form ‘F’ of commencement of the business alongwith the required documents as specified in Part ‘C” of the Schedule. 9. Issue of receipt of intimation.-After receiving an intimation in Form ‘F’ alongwith all the documents, a receipt of such intimation in Form ‘G’ shall be issued to the applicant online and the details thereof shall be recorded in a register maintained for that purpose in Form ‘H’. 10. Notice to make changes in registration certificate.-(1) Any changes in the certificate of registration shall be notified online in Form ‘I’ to the Facilitator as per section 9 of the Act within thirty days from the date the change took place alongwith the required documents to be uploaded as specified in the application and Part ‘D’ of the Schedule. (2) On receipt of such notice the Facilitator shall scrutinise the same and shall digitally sign and issue a fresh modified certificate within working seven days from the date of receipt of such notice. However, if the notice is not complete or is not supported by the required documents he shall reject the notice by mentioning the reasons thereof. 11. Closing of business.-(1) Every employer of an establishment engaging ten or more workers, on closing its business permanently shall communicate the same to the Facilitator in Form ‘J". (2) Every employer of an establishment engaging less than ten workers on closing of its business permanently shall communicate the same to the Facilitator, in Form ‘K’. 12. Power of Government for regulating opening and closing timings of establishments.- The Government may, in the public interest, on its own and, if necessary, after obtaining the views of the concerned Municipal Commissioner in Corporation area or District Collector in other areas and the concerned Police Commissioner or Superintendent of Police, as the case may be, may fix or change the opening or closing timings of any or all classes of establishments in any area or premises. 13. Conditions for employment of women in general as well as in night shifts .- (1) The following are the conditions for employment of women workers in general in any establishment irrespective of the number of woman workers employed therein, namely:- (i) The employer shall take all the measures and safeguards to prevent or deter the commission of the Acts of sexual harassment at place of work by strictly implementing and enforcing all the provisions of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013). (ii) In case of a sexual harassment at the instance of a third party, either by an act or commission, the employer shall take all necessary and reasonable steps to assist the affected women workers in terms of support and preventive action. (iii) Provide proper lighting and illumination inside the establishment and also surroundings of the establishment and to all places where the women worker may move out of necessity in the course of such shift. (iv) Every employer shall maintain a complaint box. Every employer shall also display the phone numbers of local police station, control room and women help line number prominently in the establishment. (v) A sufficient number of woman security guard shall be engaged in establishment employing not less than ten women workers. The Police verification of such women security guard shall be mandatory. (vi) Separate urinals and latrines shall be maintained for women workers with safety locking facility only from inside. (2) The following additional conditions shall be complied for employment of women workers in night shifts, namely:- (i) Woman workers shall be allowed to work during 9.30 p.m. and 7.00 a.m. in any establishment only after obtaining her consent in Form ‘L’. (ii) The number of women workers employed in the night shift shall not be less than three at any point of time. (iii) To provide safe and secure separate transportation facility for all the women workers working in the night shift from the place of workplace to the doorstep of their residence and vice-versa. The employer shall have all the details of the drivers, guards and all such workers engaged by themselves or through any agency or contractor. Police verification of all such workers engaged for safe and secure transportation of women workers shall be mandatory. (iv) In addition to the holidays as mentioned in section 18 of the Act, every women worker who works in night shift as per her shift schedule, shall be eligible for one additional paid holiday for every two months in a year. (v) There shall be not less than twelve consecutive hours of rest or gap between the last shift and night shift whenever a women worker is changed from day shift to night shift and also from night shift to day shift. (vi) No women worker shall be allowed to work in night shift during the period of twenty-four weeks before and after her child birth, of which at least twelve weeks shall be before the expected child birth, and for further such period, if any, as specified in the medical certificate stating that it is necessary for the health of the women worker or her child: Provided that, the said period may be relaxed at the request of women worker on the basis of medical certificate from a qualified medical practitioner stating that neither her health nor that of her child will be endangered. (vii) Every employer shall annually submit an undertaking to the Facilitator that he shall provide all the facilities as mentioned in this rule and shall take due care and diligence regarding the safety, dignity and honour of women worker in general and particularly of those in night shift. 14. Notice of hours of work, rest interval, weekly holiday.-Every employer shall display a notice on his website and at a conspicuous place of the premises of the establishment on a notice board showing the hours of work, rest-interval, weekly holiday in Form ‘M’ 15. Prohibition of overlapping of shifts.-Work shall not be carried out in any establishment by means of a system of shift so arranged that more than one relay of workers is engaged in work of the same kind at the same time. 16. Notice of shift schedule, weekly holiday of workers engaged in shift.-(1) In case of establishment operating in shift, the employer shall display well in advance a shift schedule, alongwith weekly holiday showing the names and designation of all persons working in that shift, so that each worker is aware of his weekly holiday and the shift in which he has to work. Such notice shall be in Form ‘N’ and shall be kept in every establishment and made available for inspection to the Facilitator on demand. The notice shall be displayed on the website and at a conspicuous place of the premises of the establishment on the notice board. A copy of the same shall be send to the Facilitator electronically or otherwise. (2) There shall be not less than twelve consecutive hours of rest or gap between the last shift and night shift whenever a worker is changed from day shift to night shift and also from night shift to day shift. 17. Part-time employment.-(1) It shall be lawful for the employer to engage part- time worker provided that, he shall not be allowed to work more than five hours in a day. (2) No part time worker shall be allowed to work overtime under any circumstances. (3) Wages payable to a part time worker shall be computed by dividing the per day rate of Minimum Wages applicable to that schedule employment by eight (hours) with fifteen per cent. rise in it or by divided the prevailing rate of per day wages fixed for permanent workers doing similar nature of work in that establishment by eight (hours) with fifteen per cent. rise in it, whichever is higher. 18. Other particulars on identity card.-(1)Alongwith the particulars to be contained in the identity card of worker specified in section 17 of the Act, the identity card shall also contain an emergency contact number of worker. (2) The employer may issue identity card in electronic form subject to the condition that a hard copy of the identity card shall be maintained and a copy of the same shall be produced as and when demanded by the Facilitator. 19. Leave Book.- Every employer shall provide to each worker with a book called ‘Leave Book’ in Form ‘O’. A copy of the same shall be retained by employer. All the entries of sanctioned earned leave as per section 18 shall be noted in the Leave Book. Any earned leave applied for and is refused shall also be noted in the Leave Book with initials of the employer or his representative in the respective column of Leave Book. If the Leave Book is lost by the worker, the employer or manager shall provide him the duplicate copy of the same. However, every employer shall be free to maintain Leave Book in such format as he deems fit providing therein all the particulars which would be inconsonance with Form ‘O’. 20. Notice by employer or manager of accumulated leave.-The employer or manager shall communicate in Form ‘P’ to the concerned worker, whose leave, which has been carried forward has reached the maximum limit allowed under sub-section (5) of section 18, as soon as possible in the first quarter of each calendar year. Such notice shall state that no further leave can be carried forward. 21. Health, Safety and Welfare Committee.- (1) Every establishment wherein one hundred or more workers are ordinarily employed, there shall be constituted a Health, Safety and Welfare Committee, consisting of equal number of employer and worker’s representatives. (2) The representative of the employer and workers on the Health, Safety and ‘Welfare Committee shall include,- (i) Senior official who by his position in the organisation can contribute effectively to the function of the said Committee and he shall be the Chairman. (ii) Representatives of Head of all the Departments or In-charge of Sections of the establishment, e.g. sales, purchase, material, personnel, marketing, finance etc., if any. (iii) Maximum ten workers representative nominated by the workers of the establishment as members of the said Committee. The said Committee shall have sufficient number of representatives of women worker, wherever women workers are employed. (3) The duties, functions and responsibilities of the said Committee are as follows :- (i) To survey the premises and to examine whether there is any accident prone spots in the premises or defects or hazardous object or hazards in the premises. (ii) To follow and pursue to get such spots, defects, objects or hazards rectified. (iii) To conduct health care or wellness camps once in a year in the organisation or establishment. (iv) To create awareness about any contagious disease or epidemics or any natural calamities or any calamities due to accident, fire, etc. (v) To conduct recreation, cultural, sports activities annually. (vi) To conduct social and educational awareness programmes like Swaccha Bharat Abhiyan, Tree Plantation, Family Welfare, Beti Bachao-Beti Padhao, etc. (vii) It shall be the duty and responsibility of the said Committee to organize above event with due care and diligence. 22. Cleanliness, lighting and ventilation.- Premises of every establishment shall be kept clean and free from infection. It should have proper ventilation and lighting. No rubbish, filth or debris shall be allowed to accumulate or to remain on any premises or in an establishment or in the surroundings of such establishment in such position that effluvia therefrom can arise within the area of the establishment or its surroundings. 23. Precautions against fire-.(1) Every employer shall take all the measures to protect the premises and the workers therein from the danger of fire. He shall adopt and implement all such measures as suggested, recommended or directed by the Fire Officer, Department of the Local Authority or Fire Brigade of that local area or any such authority. It shall be his duty to follow the norms and guidelines for protection against fire as per the provisions of any law for the time being in force or any direction or instruction issued by any Local Authority or any such authority wherein the establishment is situated. The employer shall produce, whenever demanded by the Facilitator, a copy of the order or instruction or guidelines, etc. issued by the Fire Officer of Local Authority or any such authority. (2) Every employer shall also adopt and implement all the safety measures mentioned, suggested and recommended in the Fire and Safety Policy as declared by the Government, from time to time. 24, First-aid appliances.- Every employer shall maintain such duly equipped first- aid box in each establishment with the following first-aid appliances and medicine, namely:- (i) small, medium and large sterilized dressing in required numbers; (ii) large size sterilized burn dressing in required numbers; (iii) packets of sterilized cotton-wool in required numbers; (iv) pair of dressing scissors; (v) bottle containing solution of iodine or mercury-chrome; (vi) bottle containing solution of savolatine having the dose and mode of administration indicated on the label; (vii) bottle containing potassium permanganate crystals; (viii) any antidote for burns; (ix) sufficient numbers of sanitary napkins for women worker, wherever applicable. 25. Latrines and urinals.- Every employer either individually or group of employers shall provide and maintain a common, neat and clean urinal and latrines facility with supply of antibacterial liquid soap for men and women worker separately in such sufficient numbers. It shall be well ventilated with exhaust fan and lighted and safe for use of women worker in particular. It should have a proper provision of water supply and flushing of waste. 26. Maintenance of registers and records.- (1) The employer shall maintain a Muster-Roll cum Wages Register in Form ‘Q’: Provided that, where any employer or manager maintains a Muster Roll-cum-Wages Register under sub-rule (/) of rule 27 of the Maharashtra Minimum Wages Rules, 1963 framed under the Minimum Wages Act, 1948 (XI of 1948), it shall not be necessary for him to maintain Muster Roll-cum-Wages Register as per the provisions of this sub- (2) Every entry in the register or records requires to be maintained under these rules shall be authenticated digitally or manually by the employer or the manager or any person so authorised by him. The entries relating to overtime shall be made immediately after completion of such overtime work. In case both the employer and the manager are absent on any day, the entries shall be authenticated by such person as may be authorised in writing by the employer. (3) Every register, record and notice required to be maintained, exhibited or given under these rules shall be either in Marathi or in English language. (4) Every employer or manager shall preserve the inspection records of the Facilitator for a period of three years and shall produce the same whenever demanded by the Facilitator. (5) Where an office, store-room, godown, warchouse, or work place used in connection with the trade and business of an establishment is situated at the premises other than the premises of such establishment, all such registers, records and muster-rolls required to be maintained under the Act and these rules may be separately so maintained in respect of such office, store-room, godown, warehouse or work place, etc. 27. Annual Return.- Every employer shall online upload the Annual Return in Form ‘R’ on the website within two months for the year ending on 31% December. A print copy of the same may be furnished as and when demanded by the Facilitator. 28. Supervision of State Government over Local Authority.-(1) If the Local Authority to whom the duty of enforcing the provisions of the Act is delegated under section 27 of the Act makes default in the performance of any duty imposed by or under the Act, the State Government may, appoint appropriate person to perform it and may direct that the expenses of the person so appointed to perform the duty, shall be paid forthwith by the Local Authority. (2) The Chief Facilitator shall review the performance of such Local Authority periodically. (3) Every such Local Authority shall submit a report to the Chief Facilitator in such form as instructed by him. 29. Qualification of Facilitator.-A person shall hold at least a degree of any recognised University or an equivalent qualification, for being qualified to be appointed as a Facilitator. 30. Duties and powers of Facilitator.-(1)The Facilitator shall make such examination as may appear to him to be necessary for the purpose of satisfying himself that the provisions of the Act and rules made thereunder and any orders issued by the Government or the Local Authority under the Act and rules made thereunder are duly observed. (2) He shall maintain a monthly diary as per the instructions of the Chief Facilitator and submit it to such officer as directed by the Chief Facilitator as per office order. (3) It shall be his duty to serve all the notices and orders as per the Act to the concerned persons issued by the Compounding Officer. (4) Tt shall be his duty to carry out inspection as per the online randomisation inspection system or any other system for the time being in force in the office of the Chief Facilitator. (5) It shall be the duty of each Facilitator to maintain court cases register independently and the register of cases referred to the Compounding Authority as per the instruction of the Chief Facilitator. (6) It shall be the duty of the Facilitator to advise the employer so as to comply with the irregularities pointed out by him in his inspection memo. It shall also be his duty to guide the workers in an establishment about their rights under the Act and the remedies available to them. (7) It shall be his duty to confirm that the defaulting employer has paid the fees as per the direction of the Compounding Officer and shall verify whether the amount is deposited in the local area treasury office. 31. Application for Compounding of Offence.- (1) Every application for compounding of an offence shall be in Form ‘S’. (2) The Compounding Officer shall maintain a proper Rojnama of all the cases heard by him. (3) The Compounding Officer notified under section 33(1) of the Act, shall hold sittings in each district or in such a place in the local area regularly as per the work load or the matter referred to it. 32. Procedure for Compounding of Offence.-(1) The Compounding Officer on receipt of an application shall examine all the documents, the nature of breaches of the Act and rules made thereunder and shall pass a detailed order within working seven days from receipt of application. The Compounding Officer while determining the amount of compounding fees shall have regard to the seriousness of breaches, nature of an offence and evidence on record. The Compounding Officer shall on receipt of the compounding fees make the order for deposit of compounding fees and after deposit of such amount, the offence shall be compounded and the Compounding Officer shall make necessary entries in a register kept for that purpose. (2) An order passed by the Compounding Officer shall be forwarded to the concerned local Facilitator for serving the same to the defaulting employer within seven working days. (3) The maximum fees for compounding of offence may be imposed by the Compounding Officer shall not be less than fifty per cent. of the maximum fine specified for such offence under the Act. (4) In calculating the period for filling of prosecution under section 32, the time period taken for compounding of offence shall be excluded. 33. Intimation of persons discharging managerial function.-Every employer registered under section 6, shall inform to the Facilitator in Form ‘T’ the names and designation and brief nature of duties of such persons who are discharging managerial function. The information in Form “T” shall be submitted annually and whenever there is any change, during the year. 34. Intimation of persons doing confidential work.-Every employer shall inform in Form ‘U’ the names of such persons who are occupying position of confidential character in an establishment. However, the number of such persons shall not be more than one per cent. of the total strength of workers of the establishment subject to a maximum of fifty persons. The information in Form “U” shall be submitted annually and whenever there is any change, during the year. 35. Name Board to be in Marathi.-The Name Board of every establishment shall be in Marathi language in Devnagari Script and shall essentially be written in the beginning: Provided that, the employer may also have the Name Board in any other language and script in addition to Marathi in Devnagari Script. Provided further that, the font size of Name Board in Marathi shall not be less than that of the Name Board in any other language: Provided also that, no establishment where liquor is served or sold shall have a Name Board in the name of legends or fort. 36. Cancellation of registration certificate.- Where the Facilitator proposes to take action under section 8 of the Act for cancellation of registration he shall, - (i) by a notice require the employer to submit his say as to why the registration shall not be cancelled; (ii) if, within ten days from the date of the receipt of the notice, the employer fails to submit his say alongwith relevant documents, the Facilitator may cancel the registration. If within the period of ten days, the employer submits his say alongwith all relevant documents the Facilitator may, after considering the say and the documents either withdraw the notice or cancel the registration as he may deem fit. Form —‘A’ Employer (See rule 3) Photo APPLICATION FOR REGISTRATION Name of the Establishment - Address and situation of the |:- Establishment Date of commencement of Business Nature of Business - Whether establishment falls under Public Sector or Private Sector Note- (a) Establishment in public sector means an establishment owned or managed by (i) the Government or Department of the Government, (ii) a Government Company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), (iii) a Corporation (including co-operative society) established by or under any Central Act or State Act which is owned, controlled and managed by the Government, (iv) a Local Authority. (b) Establishment in private sector means an establishment which is not an establishment in public sector. Address of the office, storeroom, godown, warehouse or work place, if any, other than the above address. (should be filled only when office, showroom, etc. is not separately registered under the Act.) Name of the Employer. Residential Address of the Employer. Status/ Designation Mobile No. and E-mail ID Adhar Card No. (upload copy) (1) Category of Establishment (i.e. Shop/ Establishment/ Residential Hotel/ Restaurant/ Theatre/ Other places of public amusement or entertainment and other establishment) (2) Type of organisation (i.e. Proprietor, operative Society/ Board) Details of the Partner/ Director/ Trustee/ Board and Society Members. - | Name and Residential Address Aadhar Card No. Mobile ~ No. and e-mail id. Government Resolution No. in case of Board/ Corporation. (upload copy) In case of Company or LLP, certificate of incorporation or partnership registration certificate of appropriate authority (upload copy) In case of Co-operative Society or Trust, the certificate of registration of appropriate authority (upload copy) Registration No. of Reserve Bank of India/Securities and Exchange Board of India/ Insurance Regulatory and Development Authority, etc. or any such registration number which is mandatory before starting such business as banking/ share/ mutual fund/ insurance/ finance lending institute, etc. (upload copy) 14 | Name of the members of employer's family Name of the person Relation employed in the establishment Total 15 Men ‘Women a) No. of the persons occupying position of management b) No. of persons engaged in confidential capacity Total 16 | Details of Manpower/ Workers Men ‘Women No. of Workers No. of apprentices under the Apprentices Act, 1961 (52 of 1961) No. of contract labour No. of part-time workers Total 17 | a) Name and Residential Address of Name and | Aadhar Mobile No. Authorized person e-mail ID | Card No. b) Name and Residential Address of Manager Name and | Aadhar Mobile No. e-mail ID | Card No. 18 | (A) Is the place of business conducted in Yes / No owned premises? If yes, details of the owner as per Name of the owner - agreement. Address — Plot No.- Gala/ Shop No. — City Survey No.- Name of the Building/ Society - Name of the Road — Locality, District, Taluka, Village — Pin No. - If the place of business is located in self owned premises documents mentioned at serial number (4) of Part-A of the Schedule should be uploaded alongwith the application. (B) Is the place of business conducted in rental or leased premises? If yes, details of the lessor as per agreement. Name of the lessor - Address — Plot No.- Gala/ Shop No. — City Survey No.- Name of the Building/Society - Name of the Road — Locality, District, Taluka, Village — Pin - If the place of business is located in rented or leased premises documents mentioned at serial number (5) of Part-A of the Schedule should be uploaded alongwith the application. The employer must also upload any one of the document relating to the owner of the premises which is rented or leased as per Sr. No. 4 in Part ‘A’ of the Schedule 19 Is the business conducted in the premises owned/rented by any member of the If yes, no objection letter for doing such business in the premises of such owner shall be obtained and uploaded, alongwith documents mentioned in column No. 18. 20 Is the place of business is conducted in a flat/apartment or residential unit in a housing society? If yes, obtain and upload a no objection certificate from the society or any such authority responsible for the maintenance of the documents premises, alongwith mentioned in column No. 18. 21 Period for renewal which is required. (No. of years maximum upto 10 years) No. of years 1/ We hereby solemnly affirm and state that the business which I/we have started is not banned or prohibited by any Act, Rules, Law or Order of any Court of Law or any competent authority and the premises where I am/ we are conducting the said business is free from violation of any Act, Rules, Order of any Court of Law or any Competent Authority. 1/ We hereby declare that the information provided above is true and correct to the best of my/our personal knowledge, information and belief. I am/ we are fully aware about the consequences of giving false information. If the information is found to be false, I / We shall be liable for prosecution and punishment under the Indian Penal Code (45 of 1860) and /or any other law applicable thereto. I/ We have obtained necessary licenses, permissions, permit for the conduct of this business and the place of business from the appropriate Authority. I/We shall be responsible and liable for legal action if the business is conducted without proper licence, permission, permit from the appropriate Authority. 1/ We submit and declare that /'We will not undertake any illegal activity or any business prohibited in law in force in India. 1/ We declare that the place of business is not located in any area wherein commencing / running of such business is prohibited by any law or order of any Competent Authority. 1/ We hereby declare that the copies attested by me are true copies of original documents. I am /we are well aware of the fact that if the copies are found false/forged, I shall be liable for prosecution and punishment under the Indian Penal Code (45 of 1860) and /or any other law applicable thereto. 1/ We undertake to abide by the provisions of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (Mah. LXI of 2017) and the Rules and orders passed thereunder by any Authority. Date: Place: Name and Signature of Applicant. Government Emblem Form - ‘B’ (See rule 5 (1)) REGISTRATION CERTIFICATE Barcode 1 Registration Number - 2 Name of the Establishment - 3. This certificate is issued based on the application and the uploaded Self-Certified documents and declaration given by the applicant, without physical verification of the existence of establishment, the nature of business carried out and the details mentioned in the application. This is just a certificate of registration and does not give any right to property or possession or title of the rights of the premises or property. The certificate shall be renewed thirty days before expiry of registration. 4. Date of commencement of business - 5 Period of registration - 6. Name of the Employer - 7. Nature of Business - 8. Address of Establishment - 9. Details of Manpower/ workers - Men Women No. of Workers - No. of apprentices under the Apprentices | :- Act, 1961 (52 of 1961) No. of contract labour - No. of part time workers - Total | :- It is hereby certified that the above establishment has been registered under the Maharashtra Shops and Establishments (Regulations of Employment and Conditions of Service) Act, 2017 (Mah. LXI of 2017) on this day of 20, as shop/ establishment/eating house/residential hotel/theatre or other places of public amusement or entertainment and other establishment. Date : Place: Name & Signature of Facilitator Office Address Date of Expiry Application Id No. Form - ‘C’ (See rule 5(2)) REGISTER OF ESTABLISHMENT Sr. | Registration | Name and | Name Name and | Whether Situation of office, showroom, No. | Certificate Address of | and residential establishment | godown, warehouse or No. with | the residential | address of | falls under | workplace, if any, attached to a Date Establishment | address of | the public/ establishment but situated in the Authorised private sector | premises different from those of Employer | Person and the establishment Manager 1. 2. 3. 4. S. 6. 7. Date of Nature | No. of family | No. of other | Total No. Date of | Application | Remarks, if Commencement | of members of persons of renewalof | ID No. any. of business business employer occupying workers | registration employed in position of | (including | certificate. the management | part-time establishment or persons workers) (Men/Women) | engaged in confidential capacity. Form —‘D’ Employer (See rule 6) APPLICATION FOR RENEWAL OF REGISTRATION CERTIFICATE Photo Previous details of establishment a) In case of online registration i) Registration No. (Sr.No.1 on the certificate issued online) ii) Application ID No. b) In case of manual registration Registration No. Date of Expiry Period for which (in years) renewal is required (Max. upto 10 years) Name of the establishment as per certificate Address and situation of the Establishment Address of Registered Office / Head office, If any Nature of Business ‘Whether establishment falls under Public Sector or Private Sector Public/ Private Note- (a) Establishment in public sector means an establishment owned or managed by (i) the Government or Department of the Government, (ii) a Government Company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), (iii) a Corporation (including co-operative society) established by or under any Central Act or State Act which is owned, controlled and managed by the Government, (iv) a Local Authority. (b) Establishment in private sector means an establishment which is not an establishment in public sector. Address of the office storeroom, godown, warehouse or work place if any other than the above address. (should be field only when office showroom etc. is not separately registered under the Act) Name of the Employer. Residential Address of the Employer. Status/ Designation Mobile No. and e-mail ID Adhar Card No. (upload copy) Category of Establishment (i.e. Shop / Establishment/ Residential Hotel / Restaurant / Theatre / Other places of public amusement or entertainment and other establishment) Type of organization (i.e. Proprietor, Society/ Board) Details of the Partner/ Director/ Trustee/ Board and Society Members. Name and Residential Address Aadhar Card No. Mobile No. and Email 1d. 10 Government Resolution No. in case of board/ corporation. (upload copy) 11 In case of Company or LLP, certificate of incorporation or partnership registration certificate of appropriate authority (upload copy) 12 In case of Co-operative Society or Trust, the certificate of registration of appropriate authority (upload copy) Registration No. of Reserve Bank of India/Securities and Exchange Board of India/ Insurance Regulatory and Development Authority etc. or any such registration number which is mandatory before starting such business as banking/ share/ mutual fund/ insurance/ finance lending institute, etc.(upload copy) 14 Name of the members of employer's family employed in the establishment Name of the person Relation Total a) No. of the persons occupying position of management Men ‘Women b) No. of persons engaged in confidential capacity Total 16 Details of Manpower/ workers Men ‘Women No. of Workers No. of apprentices under the Apprentices Act, 1961 (5 of 1961) No. of contract labour No. of part time workers Total 17 | Name and Residential Address of Authorized Name Aadhar | Mobile No. person and Card No. e-mail Id. Name and Residential Address of Manager Name Aadhar | Mobile No. and Card No. e-mail Id. 18 | (A)Is the place of business conducted in Yes / No owned premises? If yes, details of the owner as per agreement. Name of the owner - Address — Plot No.- Gala/ Shop No. — City Survey No.- Name of the Building/ Society - Name of the Road — Locality, District, Taluka, Village- Pin No. - If the place of business is located in self owned premises documents mentioned at serial number (5) of Part-B of the Schedule should be u; ploaded alongwith the application. (B) Is the place of business conducted in rental or leased premises? If yes, details of the lessor as per agreement. Name of the lessor - Address — Plot No.- Gala/ Shop No. — City Survey No.- Name of the Building/Society - Name of the Road — Locality, District, Taluka, Village- Pin - If the place of business is located in rented or leased premises documents mentioned at serial number (6) of Part-B of the Schedule should be uploaded alongwith the application. The employer must also upload any one of the document relating to the owner of the premises which is rented or leased as per Sr. No. 4 in Part ‘A’ of the Schedule. 19 Is the business conducted in the premises owned/rented by any member of the W If yes, no objection letter for doing such business in the premises of such owner shall be obtained and uploaded, alongwith documents mentioned in column No. 18. 20 | Is the place of business is conducted in a - | Yes/No flat/apartment or residential unit in a housing society? If yes, obtain and upload a no objection certificate from the society or any such authority responsible for the maintenance of the premises, alongwith documents mentioned in column No.18. 1/ We hereby solemnly affirm and state that the business which I/we have started is not banned or prohibited by any Act, Rules, Law or Order of any Court of Law or any competent authority and the premises where I am/ we are conducting the said business is free from violation of any Act, Rules, Order of any Court of Law or any Competent Authority. I/ We hereby declare that the information provided above is true and correct to the best of my/our personal knowledge, information and belief. I am/ We are fully aware about the consequences of giving false information. If the information is found to be false, I/ We shall be liable for prosecution and punishment under the Indian Penal Code (45 of 1860) and /or any other law applicable thereto. I/ We have obtained necessary licenses, permissions, permit for the conduct of this business and the place of business from the appropriate Authority. I/We shall be responsible and liable for legal action if the business is conducted without proper licence, permission, permit from the appropriate Authority. 1/ We submit and declare that I/'We will not undertake any illegal activity or any business prohibited in law in force in India. 1/ We declare that the place of business is not located in any area wherein commencing / running of such business is prohibited by any law or order of any Competent Authority. 1/ We hereby declare that the copies attested by me are true copies of original documents. I am /We are well aware of the fact that if the copies are found false/forged, I shall be liable for prosecution and punishment under the Indian Penal Code (45 of 1860) and /or any other law applicable thereto. 1/ We undertake to abide by the provisions of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (Mah. LXT of 2017) and the Rules and orders passed thereunder by any Authority. Date: Place: Name and Signature of Applicant. overnment Emblem| (See rule 7) RENEWED CERTIFICATE OF REGISTRATION Registration Number - Old Registration Number and date - Name of the Establishment - I S This certificate is issued based on the application and the uploaded Self- Certified documents and declaration given by the applicant, without physical verification of the existence of establishment, the nature of business carried out and the details mentioned in the application. This is just a certificate of registration and does not give any right to property or possession or title of the rights of the premises or property. The certificate shall be renewed thirty days before expiry of registration. Date of commencement of business | :- Period of registration - Name of the Employer - Nature of Business - n v l o v n Address of Establishment - 10 | Manpower/ Workers Details - Men Women No. of Workers - No. of apprentices under the - Apprentices Act, 1961 (52 of 1961) No. of contract labour - No. of part time workers - Total | :- It is hereby certified that the above establishment has been registered under the Maharashtra Shops and Establishments (Regulations of Employment and Conditions of Service) Act, 2017 on this day of 20, as shop/ establishment/eating house/residential hotel/theatre or other places of public amusement or entertainment and other establishment Date : Place: Name & Signature of Facilitator. Office Address. Date of Expiry Application Id No. Form —‘F’ (See rule 8) Employer APPLICATION FOR INTIMATION Photo Name of the Establishment - Previous details of establishment - In case of online Certificate - (i) Registration No. (ii) Application ID No. - In case of Manual Certificate - Registration No. Date of Expiry - Address and situation of the - Establishment Date of Commencement of Business - Nature of Business - ‘Whether establishment falls under - | Public / Private Public Sector or Private Sector Note- (a) Establishment in public sector means an establishment owned or managed by (i) the Government or Department of the Government, (ii) a Government Company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), (iii) a Corporation (including co-operative society) established by or under any Central Act or State Act which is owned, controlled and managed by the Government, (iv) a Local Authority. (b) Establishment in private sector means an establishment which is not an establishment in public sector. Details of Manpower/ workers Men ‘Women No. of Workers No. of apprentices under the Apprentices Act, 1961 (5 of 1961) No. of contract labour No. of part time workers Total Name of the Employer Residential Address of the Employer Status / Designation Mobile No. and e-mail ID Adhar Card No. (upload copy) 10 | Name, Address, Mobile No. and E-mail ID of the Manager (if any) 11 | (a) Category of Establishment - i.e. Shop/ Establishment/ Residential Hotel/ Restaurant / Theatre / Other places of public amusement or entertainment and other establishment (b) Type of organisation Company/ Trust/ Co-operative Society/ Board 12 | Name of the members of employer's - Name of the Relation family employed in the establishment person Total 1/ We hereby solemnly affirm and state that the business which I/we have started is not banned or prohibited by any Act, Rules, Law or Order of any Court of Law or any competent authority and the premises where I am/ we are conducting the said business is free from violation of any Act, Rules, Order of any Court of Law or any Competent Authority. I/ We hereby declare that the information provided above is true and correct to the best of my/our personal knowledge, information and belief. I am/ We are fully aware about the consequences of giving false information. If the information is found to be false, I/ We shall be liable for prosecution and punishment under the Indian Penal Code (45 of 1860) and /or any other law applicable thereto. I/ We have obtained necessary licenses, permissions, permit for the conduct of this business and the place of business from the appropriate Authority. I/We shall be responsible and liable for legal action if the business is conducted without proper licence, permission, permit from the appropriate Authority. 1/ We submit and declare that I/'We will not undertake any illegal activity or any business prohibited in law in force in India. 1/ We declare that the place of business is not located in any area wherein commencing / running of such business is prohibited by any law or order of any Competent Authority. 1/ We hereby declare that the copies attested by me are true copies of original documents. I am /We are well aware of the fact that if the copies are found false/forged, I ol shall be liable for prosecution and punishment under the Indian Penal Code (45 of 1860) and /or any other law applicable thereto. 1 / We undertake to abide by the provisions of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (Mah. LXT of 2017) and the Rules and orders passed thereunder by any Authority. Date: Place: Name and Signature of Applicant. atermarl (See rule 9) INTIMATION RECEIPT The employer has intimated the following details for having commenced the Business in Form “F” to this office. The details thereof are as follows: — Receipt Number - Application Id number - Name of the Establishment - Total No. of Workers - a) Name of the Employer - b) Address of the Establishment - c) Registered Office Address of the | :- Establishment (if any) This is just an acknowledgement of the intimation application and not a proof of existence of the business and the place of business as mentioned in the Intimation application. It shall be the responsibility of the employer to obtain all the prior and post permission, permit, licenses mandatory for the conduct of the said business and for the place of business from the concerned authority. This is just a receipt and does not give any right to property or possession or title of the rights of the premises or property. Nature of Business - Old Registration No. and Date, if applicable | :- Note :-This is an electronically generated receipt, hence does not required signature. Date: Place: Office Address. Y 9l Form - ‘H’ (See rule 9) REGISTER OF ESTABLISHMENT WHO HAVE GIVEN INTIMATION (For Establishment engaging less than ten workers) Sr. Intimation Name and Address | Name and | Name and | Whether No. Receipt No. | of the Establishment | residential residential establishment ~ falls with Date address of the | address of the | under public/ private Employer Authorised sector Person and Manager Situation of office, Date of | Nature of the | No. of family members | Total No. of showroom, godown, Commencement | business of employer employed in | Workers warehouse or workplace, if | of business the establishment | [Including part any, attached to the (Men/Women) time workers] establishment but situated in premises different from those of the establishment Form - ‘T’ (See rule 10) NOTICE OF CHANGE To, The Facilitator, Office Address. Subject:- Request to make the changes in the registration certificate No. . mentioned below. Dear Sir, It is to inform you that I/We wish to make following changes in the Registration Certificate as per details mentioned below:- Details. 1 | Name of the employer. - 2 | Aadhar card no. of the|:- employer. 3 | Registration Certificate No./ | :- Intimation Receipt No. 4 | The following change shall be made in the registration certificate :- Existing details Change to be made (a) Name of the | :- Establishment (b) Name of the employer/ applicant (c) Nature of Business - (d) Address of place of the establishment - (e) Manpower Details Change the figure in manpower as follows. - Men ‘Women Total existing | new existing | new existing | New (f) Any other details to be | :- changed I/ We hereby solemnly affirm and state that the business which I/we have started is not banned or prohibited by any Act, Rules, Law or Order of any Court of Law or any competent authority and the premises where I am/ we are conducting the said business is free from violation of any Act, Rules, Order of any Court of Law or any Competent Authority. 1/ We hereby declare that the information provided above is true and correct to the best of my/our personal knowledge, information and belief.