Setting up a business in Uttar Pradesh requires compliance with various legal regulations, one of which is obtaining a Shop and Establishment Registration. This registration ensures that your business adheres to the rules set by the state government regarding employee welfare, working conditions, and overall operational compliance. Here is a detailed guide on how to register under the Uttar Pradesh Shops and Establishments Act. Praans Consultech provides hassle free and quick Shop and Establishment Registration in Uttar Pradesh.
What is the Shops and Establishments Act?
The Uttar Pradesh Shops and Establishments Act is a state specific law that regulate the functioning of shops, commercial establishments, and workplaces in Uttar Pradesh. The Act aims to regulate working conditions, ensure the welfare of employees, and establish a legal framework for the operation of businesses in the state. It covers a wide range of establishments, including shops, offices, hotels, restaurants, and other businesses that involve commercial activity.
Who Needs to Register?
Within 30 days of opening for business, any shop or commercial establishment must register with the local labour authority. This helps the government monitor and regulate businesses to ensure compliance with labour laws. Fines and legal action may be initiated by the authorities under the act related to Non-compliance of registration.
Business operating in Uttar Pradesh that falls under the following categories must register under the Act:
-Retail shops
-Offices or warehouses
-Service centers
-Restaurants, cafes, or hotels
-Theatres and amusement parks
-Any other commercial establishment
Shop & Establishments exempted under the Act
-Employees holding role of confidential, managerial or supervisory in a shop or commercial establishment with more than five employees, with the condition that percentage of employees in a shop or commercial establishment who are exempt from this requirement cannot surpass 10% of the total number of employees in that establishment
-Employees whose work is infrequent in nature, as in the case of a traveller or canvasser
-Government or local authorities offices
-Reserve Bank of India Offices
-Establishments for care or treatment of the ill, disabled, impoverished, or mentally unfit
-Employer’s family members
Key Benefits of Registration
Legal Recognition: Registration gives your business legal recognition and builds trust with customers and partners.
Employee Welfare Compliance: Ensures adherence to labour laws, improving employee satisfaction and retention.
Ease of Doing Business: Facilitates opening bank accounts, applying for loans, and securing other licenses.
Avoidance of Penalties: Protects businesses from fines or legal actions due to non-compliance.
Documents Required for Registration
To register under the Shops and Establishments Act in Uttar Pradesh, you will need:
Identity Proof of the Employer (Aadhar Card, PAN Card, etc.)
Address Proof (Utility bills, Rent Agreement, etc.)
Details of employees and their working hours
Copy of business PAN card
Certificate of Incorporation (for companies)
Registration Fee for Shops and Establishments in Uttar Pradesh
Establishment Type | Number of Employees | Govt. Fee | Validity |
Cinema Theatre Barat Ghar Guest House, Public Amusement / Entertainment etc. | Not Applicable | 15000 | Lifetime |
Establishment Type | Number of Employees | Govt. Fee | Validity |
Commercial Establishment | Employee 1 to 5 | 4500 | Lifetime |
Employee 6 to 10 | 6000 | ||
Employee 11 to 25 | 15000 | ||
Employee More than 25 | 30000 |
Establishment Type | Number of Employees | Govt. Fee | Validity |
Four Or Five Star Hotels or Hotel of Like Standard | Not Applicable | 75000 | Lifetime |
Hotel upto Three Stars Standard | Not Applicable | 30000 | Lifetime |
Non-Banking Financial Institution / Adhishthan | Not Applicable | 30000 | Lifetime |
Establishment Type | Number of Employees | Govt. Fee | Validity |
Registered Companies | Employee More than 25 | 30000 | Lifetime |
Employee Upto 25 | 15000 |
Establishment Type | Number of Employees | Govt. Fee | Validity |
Shop | Employee 1 to 5 | 2250 | Lifetime |
Employee 6 to 10 | 3000 | ||
Employee 11 to 25 | 6000 | ||
Employee More than 25 | 7500 |
Note- 50% of the total fee shall be extra if the business remains open for 7 days.
Timelines for Approval and Registration Validity
The registration process typically takes 7-10 working days. Registration certificate remains valid for lifetime.
Key Compliance Requirements Post-Registration
Certificate of Registration Displayed: Every shop & establishment must display registration certificate at the prominently place in the premises.
Maintain Records: Keep records of employee attendance, salary details, and working hours as mandated by the Act.
Renewal: The registration certificate needs to be renewed periodically as per state regulations.
Inform Changes: Notify the labour department of any significant changes, such as business address or number of employees.
Penalties for Non-Compliance
Failure to register under the Act or comply with its provisions can lead to penalties, including fines and legal action. It is crucial for business owners to ensure timely registration and adherence to the rules.
Forms/Registers need to maintain under the UP Shop and Commercial Establishments Act,1962
FAQ
- What is the Shop and Establishment registration in Uttar Pradesh?
It is the process through which businesses in Uttar Pradesh legally register their shops or establishments under the state’s labour laws.
- Who needs to register under the UP Shop and Establishment Act?
All shops and commercial establishments in Uttar Pradesh, including offices and restaurants, need to register under the Act.
- What is the deadline for registration under the UP Shop and Establishment Act?
Every shop and establishment need to register within 30 days of starting of business.
- What documents are required for registration?
Employee information, ID proof of owner and address proof are common documents.
- What happens, in case of failure of establishment registration?
Failure to register may lead to fines and legal consequences.
- What are the maximum working hours under the Act?
Employees should not work more than 9 hours per day and 48 hours per week.
- What rights do employees have under the Act?
Employees are entitled to weekly holidays, paid leave, overtime pay, and safe working conditions.
- Are there any exemptions under the Act?
Certain businesses like factories or mines may be exempt from some provisions of the Act.
- Can I update my registration details?
Yes, you can update details like address or ownership by submitting a request to the local labour office.
- Is there a penalty for not following the Act’s provisions?
Yes, businesses face fines for violations related to wages, holidays, and working conditions.