Registration, Renewal and Cancellation of License Under the Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2017

Further to our article the Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) Act and Rules: A Step Forward or a Step Backward? (Part 2), this article seeks to outline the step-wise procedure for obtaining new registration or renewing / amending the registration or cancellation of the registration under the Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2017 (“Act”).

Introduction

License under the Act is mandatorily required before obtaining / applying for any other license for carrying on the business activities of any establishment. The Act however does not restrict itself to commercial establishment, but also extends to societies, charitable trust, educational institutes, and any other establishment which runs its business with the motive of earning profit.

The employer of every establishment employing 10 or more workers shall submit application online in the prescribed form (as explained in detail below) for registration to the Facilitator of the local area concerned, together with such fees and documents as mentioned in detail below.

Employers employing less than 10 workers shall give an intimation to the Facilitator in whose jurisdiction the establishment is located, by submitting an application online in the prescribed manner.

Previously, the registration application was to be filled and submitted physically to the Chief Inspector, who would review the documents submitted by the applicant and grant the license thereafter. However, the registration under the Act is currently required to be done online on the website of the Labour Department of Maharashtra within a period of 60 days from the commencement of business.

Step-wise procedure for obtaining new registration under the Act

Any person who seeks to open a new shop or a commercial establishment towards commencing business within the jurisdiction of Maharashtra, has to register itself under the Act by following the process enumerated below:

  1. Log on to the web site https://lms.mahaonline.gov.in/
  2. Select the registering procedure as individual or organization.
  3. Provide mobile number to obtain OTP for registration.
  4. Fill the OTP appeared on the mobile.
  5. Provide email Id and information asked for registration.
  6. Fill all mandatory fields (which includes creation of PASSWORD) & submit.
  7. Open the mail sent to the email id (kindly check the spam folder if the mail does not appear in the inbox).
  8. After opening the mail and clicking on the verification tab, as per the instructions given in the email the registration stands completed.
  9. Applicant shall use his/ her email id as their User ID and the password created by them while registration.
  10. Log in to the web site https://lms.mahaonline.gov.in/
  11. Enter the login Id and Password and login for services.
  12. Select the service for “New Registration of Shops and Establishment”.
  13. Select Registration – Form A, fill the online form and submit.
  14. Applicant will get the application Id and application screen will be closed.
  15. Open the application to submit the application id.
  16. See status of the application and the instruction given on right side of the screen.
  17. If the status says, ‘upload document’, then click on the ‘upload the documents’ tab and follow the instructions.
  18. By clicking on the ‘upload document’ tab, an option stating, ‘browse documents’ shall appear.
  19. Upload all the required documents as mentioned below.
  20. Click on the ‘upload documents’ tab at the bottom.
  21. Go to the status tab again and the options for payment shall appear.
  22. Click on ‘pay the fees’ tab on right side of the computer screen.
  23. Choose the option for payment and make the payment.
  24. Check the status it will show ‘under scrutiny’ which means that the application is on desk for scrutiny.
  25. Check the status regularly, either it is “approved” or “rejected”.
  26. If the application gets rejected, the applicant shall check their mail for further instructions from the labour department and follow the instructions given in the mail.
  27. Reapply and follow the given instructions given on right side of the computer screen.
  28. Make the changes in the application as instructed.
  29. If documents are rejected, delete the rejected documents and upload the documents once again as instructed.
  30. If the instructions mention the payment of a partial fee online, make the payment online as done earlier.
  31. After complying with the instructions given above, you will see the status ” under scrutiny” once again.
  32. If the status shows ‘Completed’ and/ or ‘Download Certificate’, on the right side of the computer screen, then the applicant can download the registration certificate or check their email for registration certificate.

Documents to be attached:

  • Annexure – Mentioning in detail, premises of the establishment;
  • Annexure A – Self-declaration (Size: 75KB to 100KB) (format of the same is available on the website);
  • Annexure B – Self declaration for attestation (Size: 75KB to 100KB) (format of the same is available on the website);
  • Annexure C – Undertaking (Size: 75KB to 100KB) (format of the same is available on the website);
  • Proof of business registration (For ex: MoA and AoA, Partnership Deed, Certificate of Registration, any other proof of registration);
  • Signature of the applicant (Size: 9KB to 15KB);
  • Proof of identity of the applicant (For ex: Copy of Driving License, Passport, Aadhar Card, PAN Card) (Size: 75KB to 100KB); and
  • Copy of fee receipt paid earlier (in case of old user) (Size: 75KB to 100KB).

Note:

  • Notification to applicant will be sent on his Email or SMS. Hence request to provide email address and mobile number.
  • Click on Help on the top right corner of this application form, a sample application form duly filled with sample data in bilingual is available for your reference.
  • Take copy of application form using Print form before submitting.

Step-wise procedure for renewing / amending the registration under the Act

Every person has to apply for renewal of Registration Certificate within 15 days of expiry of existing Registration Certificate in Form B, by following the process enumerated below:

  1. Log on to the web site https://lms.mahaonline.gov.in/
  2. Select the registering procedure as individual or organization.
  3. Provide mobile number to obtain OTP for registration.
  4. Fill the OTP appeared on the mobile.
  5. Provide email Id and information asked for registration.
  6. Fill all mandatory fields (which includes creation of PASSWORD) & submit.
  7. Open the mail send to you on your mail id (kindly check the spam folder if you can’t see the mail in inbox.
  8. After opening the mail and click as per the instruction given in the mail your registration completed.
  9. Use your mail id is your user ID and Password created by you while registration.
  10. Log in to the web site https://lms.mahaonline.gov.in/
  11. Enter the login Id and Password and login for services.
  12. Select the service for “New Registration of Shops and Establishment”.
  13. Select Registration – Form A, fill the online form and submit.
  14. Applicant will get the application Id and application screen will be closed.
  15. Open the application to submit the application id.
  16. See status of the application and the instruction given on right side of the screen.
  17. If the status says, ‘upload document’, then click on the ‘upload the documents’ tab and follow the instructions.
  18. By clicking on the ‘upload document’ tab, an option stating, ‘browse documents’ shall appear.
  19. Upload all the required documents as mentioned below.
  20. Click on the ‘upload documents’ tab at the bottom.
  21. Go to the status tab again and the options for payment shall appear.
  22. Click on ‘pay the fees’ tab on right side of the computer screen.
  23. Choose the option for payment and make the payment.
  24. Check the status it will show ‘under scrutiny’ which means that the application is on desk for scrutiny.
  25. Check the status regularly, either it is “approved” or “rejected”.
  26. If the application gets rejected, the applicant shall check their mail for further instructions from the labour department and follow the instructions given in the mail.
  27. Reapply and follow the given instructions given on right side of the computer screen.
  28. Make the changes in the application as instructed.
  29. If documents are rejected, delete the rejected documents and upload the documents once again as instructed.
  30. If the instructions mention the payment of a partial fee online, make the payment online as done earlier.
  31. After complying with the instructions given above, you will see the status ” under scrutiny” once again.
  32. If the status shows ‘Completed’ and/ or ‘Download Certificate’, on the right side of the computer screen, then the applicant can download the registration certificate or check their email for registration certificate.

Documents to be attached:

  • Annexure – Mentioning in detail, premises of the establishment;
  • Annexure A – Self-declaration (Size: 75KB to 100KB) (format of the same is available on the website);
  • Annexure B – Self declaration for attestation (Size: 75KB to 100KB) (format of the same is available on the website);
  • Annexure C – Undertaking (Size: 75KB to 100KB) (format of the same is available on the website);
  • Proof of business registration (For ex: MoA and AoA, Partnership Deed, Certificate of Registration, any other proof of registration);
  • Signature of the applicant (Size: 9KB to 15KB);
  • Proof of identity of the applicant (For ex: Copy of Driving License, Passport, Aadhar Card, PAN Card) (Size: 75KB to 100KB); and
  • Copy of fee receipt paid earlier (in case of old user) (Size: 75KB to 100KB).

Note:

  • Notification to applicant will be sent on his Email or SMS. Hence request to provide email address and mobile number.
  • Click on Help on the top right corner of this application form, a sample application form duly filled with sample data in bilingual is available for your reference.
  • Take copy of application form using Print form before submitting.

Step-wise procedure for cancellation of the registration under the Act

Applicants may apply for cancellation by following the process enumerated below:

  1. Please use Prescribed Form for the Application.
  2. Please fill the Application form completely and correctly.
  3. The application been made within 10 days of actual closure of the establishment.
  4. The Establishment Registration Number mentioned in the application form.
  5. The name, address and other details of the establishment mentioned in the application form.
  6. The form filled correctly? Is the reason(s) for cancellation of registration mentioned in the application form.
  7. Are the reason(s) given for cancellation of registration valid.
  8. Copy of Paid Legal Dues of Employee(s) attached.

Note:

  • Notification to applicant will be sent on his Email or SMS. Hence request to provide email address and mobile number.
  • Click on Help on the top right corner of this application form, a sample application form duly filled with sample data in bilingual is available for your reference.
  • Take copy of application form using Print form before submitting.
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