Shop & Establishment Act Reg. Is Mandatory For ESI & EPF Registration. - CiteHR
Janardan_raccha
Sr. Hr Team Member
Gannahope
Deputy Commissioner Of Labour..a.p.
Ashokmbahr
Hr Officer
IR-MANAGER
Manager (ir&legal)
Loginmiracle
Consultant & G.m.
Ratikanta
Asst Manager Hr
Saunee
Hr Manager
Rajsinghphogat
Labour Law Consultant
RADHAKRISHNAN PILLAI
Factory Administration, Office Management.
Yashqute
Human Resource
+3 Others

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We have 18 employees and we are recruiting more manpower in the coming months, We have decided to have ESI & EPF for all the employees, We have service tax registration as onf now, but we do not have shop & establishment License, Wanted to know whether is it mandatory to have Shop & Establishment to submit application for ESI & EPF

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--yes it is mandatory whether you registered under The facories Ac 1948 (if strength is more than 10 and power is using) or The shops & Establishment Act (if strength is less then 20 and not using power in mfgr activity)
-- To get EPF/ESI it is mandatory you have to regd under one of the following
(a) Having License under The Contractor Labour (R&A) Act 1970
(b) License under The Shops & Estabishment Act
(c) License under The factories Act 1948
Hi Vishy,
its compulsory to get registered under either Factory License, Shop Act License. before register you cant apply for PF/ESIC registration. it is mandatory to all. factory license is depends upon your establishment nature either it comes under the definition of factory also check your office comes under the which area in Municipal, in Grampanchayat. if it comes in Grampanchayat area then no need to take shop act you just take NOC from Grampanchayat.
Thanks a lot Mr. Ashok, Now we will go for the Shop establishment in the first place and then submit application to become a member of ESI & EPF. - Thank you again.
You may also have to register for Professional Tax, PAN, TIN/TAN If any manufacturing & service, sale of goods business is involved take care of Regn.Central Excise & service tax, VAT also. kumar.s.
Dear All,

If your Establishment comes under the following then go for the Registeration under the Shops and Establishment Act.----- "establishment" means a shop, a commercial establishment, residential hotel, restaurant, eating house, theatre or other places of public amusement or entertainment to which this Act applies and includes such other establishments as Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;

Else

if comes under the following then go for the registeration under the factory act----(m) "factory" means any premises including the precincts

thereof-

(i) whereon ten or more workers are working,

or were working on any day of the preceding twelve

months, and in any part of which a manufacturing

process is being carried on with the aid of power,

or is ordinarily so carried on, or

(ii) whereon twenty or more workers are

working, or were working on any day of the

preceding twelve months, and in any part of which

a manufacturing process is being carried on

without the aid of power, or is ordinarily so

carried on,-

but does not include a mine subject to the operation of

3*[the Mines Act, 1952 (35 of 1952),] or 4*[a mobile

unit belonging to the armed forces of the Union, a

railway running shed or a hotel, restaurant or eating

place].

5*[Explanation. 6*[I]--For computing the number of

workers for the purposes of this clause all the workers

in 6*[different groups and relays] in a day shall be

taken into account;]

6*[Explanation. II.--For the purposes of this clause,

the mere fact that an Electronic Data Processing Unit

or a Computer Unit is installed in any premises or part

thereof, shall not be construed to make it a factory f

no manufacturing process is being carried on in such

premises or part thereof;]

However you are not required to be registered under both factory act and shops & establishment act. You have to be registered under either of the one. Be clear on this point. After registeration is done, you can apply for the ESI OR EPF registeration.

Thanks to all

Raj Labour Law consultant
Having a Lincence under the Shop & Establishment Act is mandatory to start any business, office/branch office.
Even if you have a Licence under the Factories Act and wish to open a office other than at the site of the Factory, or any place other than the location of the place where the factory is located, licence under Shop & Establishment is necessary. It is to regulate a business whether Proprietory, Partnership for a Company under the Company Act. PF/ESIC all comes later.
Ho Vishy,
As you said " if an office come under Grampanchayat area then no need to take shop act you just take NOC from Grampanchayat."
Need small guidance from your end on that if an office get the NOC from the Grampanchayat then registration of an office is not required under any act.
Secondly can you guide us in that case statutory records need to maintained under which act.
Early reply will be highly appriciated
Thanks/Regards
Ratikanta Rath
Can Someone tell me if we want to check whether a company has a shop and establishment certificate how could we check the same.
if any branch comes under gram panchayat then is it required to get shop & establishment or NOC is enough. Plz let me know urgently.

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