CS Mohit Saluja
REGISTRATION UNDER PUNJAB SHOP AND COMMERCIAL ESTABLISHMENT ACT, 1958 IN PUNJAB: AN OPTION FOR THE ONE MAN PROPRIETORS TO GET THEMSELVES REGISTERED
There are no. of acts where the business man can get himself registered like Partnership Act, 1932, Companies Act, 1956/2013 or Patent Registration. But for this the individual is required to attach some other persons as partners/ directors in the business which in future can harm his interest. And in case a person, as an individual, want to carry his business, he face difficulties while opening of bank accounts, filing tenders with the government departments, getting registration under sales tax, service tax etc. because of non-availability of any certificate with him as all department demand the certificate of registration. Hence, Shop and Commercial Establishment Act provide the opportunity to the individual to get themselves registered and get the benefits of registration certificate.
PUNJAB SHOP AND ESTABLISHMENT ACT, 1958
The Bill Received the assent of the President on the 25th. April, 1958 and was published in the Punjab Government Gazette on the first May, 1958 for general information. This is an Act to provide for the regulation of conditions of work and employment in Shops and commercial establishments.
REGISTRATION PROCESS UNDER THE ACT:
1. Within the period specified, in sub-section (3), the employer of every establishment shall send to the prescribed authority concerned a statement in the prescribed Forms i.e. Form A, Form B, and Form F (as per their requirements) along with the required documents.
Form F asks for the details regarding the Shop/Commercial Establishments including the personal details of its owner/MD. After filling Form F, the applicant will be directed to Form B. This form enables you to provide the Departmental details of your employees including their working hours. The same is also required by the applicant to be displayed in the premises of the respective Shop/Commercial Establishments which will be verified by the concerned authority.
2. On receipt of the statement, the authority shall on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such a manner as may be prescribed and shall issue in a prescribed form a registration certificate to the employer. The registration certificate shall on demand by the inspector, be shown to him by the employer.
3. VALIDITY OF CERTIFICATE: The registration certificate shall be renewable by the 31st. March, every year. Thirty days grace time shall, however, be allowed for the renewal of the certificate.
4. It shall be the duty of the employer to notify to the prescribed authority in the prescribed form any change in respect of any information contained in his statement under this section within seven days after the change has taken place. The authority shall on receiving such notice and on being satisfied about its correctness make the change in the register of establishments in accordance with such notice and shall amend the registration certificate, if necessary.
5. The employer shall, within ten days of his closing the establishment, notify to the prescribed authority in writing accordingly. The authority shall, on receiving the information and being satisfied about the correctness remove the name of such establishment from the register of establishments and cancel the registration certificate.
INSPECTION OF REGISTERS BY INSPECTOR AND CALLING FOR INFORMATION
(1) It shall be the duty of every employer of an establishment to make available for inspection of such officers as may be prescribed, all accounts or other records required to be kept for the purposes of this Act; and to give to such officer any other information in connection therewith as may be required.
(2) Whoever contravenes the provisions of sub-section (1) or willfully obstructs the inspecting authority in the exercise of the power under this Act or conceals or prevents any employee in an establishment from appearing before or being examined by the authority shall be liable, on conviction to a fine which shall not be less than twenty five rupees and may extend to two hundred rupees.
DOCUMENTS REQUIRED FOR REGISTRATION
1. PAN Card copies of all the Partners/ Directors
2. Address Proof of Proprietor/ Partners/ Directors
3. PAN Card Copy of the Proprietor/ Partnership Firm/ COMPANY/ Any other Body Corporate
4. Office Address Proof of the Business Place where the establishment is established. It may be Electricity Bill/ Mobile Bill or Telephone Bill or any other Government Bill explicating that the business place actually exists. The Bill should not be older more than 2 months.
5. Copy of resolution, on letter head of the company duly stamped, authorising the partner/ Director to apply for the Registration under Shop and Establishment Act.
6. Copy of Rent Deed or Lease Deed
There should be proper Board on the face of the Establishment, where the name and address of the Business must have been written.
Conclusion: As the an employer can get the certificate from the concerned department of their town, hence, every shop and commercial establishment must obtain such certificate and get themselves registered as The certificate obtained under Shop and Establishment Act certainly helps a lot to the employers to get:
i. The Bank Account Open.
ii. In Getting the Sales Tax and Service Tax Registration easily.
iii. Filing of Tenders with the Government Departments.
iv. To get the legal status
v. To make the trust of Creditors/ Suppliers and other Stakeholders that the Firm is duly registered with the prescribed authority and not the fake one.
v. Helps to obtain the Loans from Banks and other Financial Institutions easily on basis of Certificate obtained.
Sources of Article Personal Experience and http://pblabour.gov.in:
(CS Mohit Saluja, Mohit Saluja & Associates, 2nd Floor, Malhotra Complex, Sehdev Market, Jalandhar City, M- 9914558709, email@example.com)