The Shop and Establishment Act is regulated by the Labour Department of the Rajasthan government. This act includes only commercial establishments, not educational centres, charitable trusts or others. As a result, it helps maintain the rest interval of workers, working hours, closed days and other essential terms.

To know who needs to apply for a shop registration certificate in Rajasthan under this act and the process, then keep reading this article.

All shops and commercial establishments in the state of Rajasthan are liable to register under the Rajasthan Shops and Commercial Establishments Act. Also, one must complete it within 30 days of starting their work. To be clear about what comes under this shop and establishment category, here is a detailed understanding of it:

Shop Registration

According to the act, any premises can be defined as a shop where goods are sold as wholesale or in trade. It also includes premises where customers are being rendered some services. Another important parameter that makes premises a shop is that it should include a warehouse, workplace, or store-room go-down, within the same premise or outside. However, it must only be for trading or business purposes.

Establishment Registration

By establishment, the officials mean a shop, residential hotel, commercial establishment, eating house, restaurant, or public place of amusement or entertainment, as mentioned by this act. It will also include any other establishment as the State Government may notify through their Official Gazette officials, if they find it is in line with the norms of this act.

The rules of this Shops and Commercial Establishment Act do not apply to:

• Offices of the Reserve Bank of India
• Establishments under Central Government/ State Government/ local authorities
• Fairs or bazaars that involve the sale of work established for charitable purposes or other purposes and do not aim to make a profit out of it.
• A person whose working pattern is irregular, like a caretaker or traveller
• An establishment where treatment of a mentally ill patient or infirm is going on
• Gain purposes other than ones that involve making a profit from religious or educational objects, philanthropies, or charitable things
• Libraries that are not involved in any business of lending books or periodicals

Follow this step-wise guide to register shops and commercial establishments in Rajasthan without any hassle:

Step 1: Visit the LDMS online portal.

Step 2: Locate the menu icon and click on 'Establishment Registration' then 'Rajasthan Shops and Commercial Establishments Act, 1958.'

Step 3: You will get access to a registration form, which you must fill in correctly and submit along with supporting documents.

Step 4: Upon uploading, this portal will generate an application number which you can further use late to check the status of your application.

Step 5: Your application will now enter a verification process. If all information is correct, you will get an acknowledgement message in the registered number and email ID.

Step 6: Lastly, pay to download your registration certificate online.

The following are the important documents that you may require to upload while applying for a shop licence in Rajasthan:

• Any photo ID including driving licence, PAN card, passport, Aadhaar card
• Establishment's address proof
• Affidavit or declaration form
• Details of employees
• Weekly holiday list of employees
• List of management employees
• Wage rate details
• Passport size photo of the employer
• Picture of the shop with its owner

Users can track the status of their registration application form by following this process:

Step 1: Visit the homepage of the LDMS site after logging in.

Step 2: Under the track my status option, provide your application number and click on the search button to find your details.

The shop registration certificate in Rajasthan is only valid for 5 years. After this period expires, every business needs to renew their licence by logging into this same portal.

To avoid making mistakes, make sure you are aware of all the rules and regulations of the Rajasthan Shops and Commercial Establishments Act 1958. For help, few has been listed down below:

1. Daily and Weekly Hours

Employees working under an establishment must not be pushed or obliged to work more than 9 hours a day and 48 hours a week. As for total working hours, it should be limited to 10 hours, i.e., including overtime. However, it excludes account preparation and inventory sorting dates.

2. Overtime Pay

If an employee works more than 9 hours a day or 48 hours a week, he or she must get a wage of 1.5 times his/her normal wage.

3. Opening and Closing Time

All businesses must follow the opening and closing time stated by the state government under general or special order of sub-Section 2.

4. Annual Leave With Wages

If an employee has worked in an establishment for 240 days or more, he or she must be granted paid leaves in the following way:

• Adults: One day as paid leave for every 12 days they worked in the previous year
• Child: One day every 15 days for the previous year.

5. Salary During the Leave

Paid leaves provided to employees must carry the same wage rate as it will come under their daily average of full-time total income. However, this may exclude overtime and bonus income.

The basic purpose of enactment of this act was to protect the rights of employees. With the help of this act, it is easy to ensure regulation of the opening and closing hours, leaves, holidays, working hours and other things. However, it benefits not only the employees but the business too. Some of these benefits are:

• This certificate acts as legal proof of helping to open a business bank account.
• A shop and establishment registration certificate is also a legal entity proof allowing businesses to run their operations in Rajasthan.
• It serves as a doorway for businesses to enjoy government benefits provided for small-scale businesses and set up by the Department of Industries & Commerce.
• If you have the shop registration certificate, it is easy to round out the government inspection of Rajasthan. This is in regards to the licence and proper working of a business.

One should note that it is compulsory to apply for a shop registration certificate in Rajasthan, and that too within 30 days of starting the work. If one fails to do it, he/she can attract a penalty as specified by the state government. Also, look at the process, rules, and documents required to ensure you carry the work correctly.