Is Renewing Our Expired Gumasta License Necessary for a Small Team Under 10 Employees?

Our Gumasta license (Bombay Shop & Establishment) has expired in December 2017. The employee strength is below 10. Is it necessary to renew the same? If not, should we at least inform or register with any authority? Should we continue maintaining the registers we currently have?

Dear Firojuddin ji, The Bombay S&E Act 1948, under which you obtained the Gumasta Licence, is now repealed by the Maharashtra Government with the introduction of the new Act, viz., The Maharashtra S&E (Regulation of Employment and Conditions of Service) Act 2017.

Under the provisions of the new Act, you are not required to obtain a license under this Act since you have fewer than 10 employees. However, you are required to merely give an intimation of having commenced/doing the business to the Facilitator, i.e., S&E Inspector, by submitting the online application in the prescribed form.

Dear Keshav Sir, with due respect to you and your position, I am writing to inform you that I have initiated the business process by submitting an online application in the prescribed form to the facilitator, i.e., the S&E Inspector.

As the rules under The Maharashtra S&E (Regulation of Employment and Conditions of Service) Act 2017 have not yet been established by the Government, the Online Portal has not been updated to indicate that the employee strength is below 10.

I would appreciate a brief response.

Regards,

Dear Azim ji,

One has to wait for some time until rules under this new law are out and implemented, and the portal is ready with necessary changes. In the meantime, one can go through the draft rules published on 02.02.2018 and raise objections if any by 17.02.2018.

[Link to draft rules: https://www.citehr.com/595821-wanted-rules-under-maharashtra-shops-establishments-regulation.html]

Dear Azim ji,

Please find attached the notification dated 23.03.2018 from the Government of Maharashtra on the subject matter. The new Act is already in effect.

Thank you.