Shop Act Licence (Gumasta Licence)

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Shops Act Application is mandatory in some cases for businesses, as long as they qualify as an “Establishment” under the Shops and Establishment Act.
So if you run a business in Maharashtra, you need to obtain Shop Act License under Bombay Shops and Establishments Act, 1948. Online Shop Act Application is available Now. Shop Act Renewal is also available online.

In the first instance the operation of the Act is confined to the municipal areas specified in Schedule I to the Act. But the State Government is required to extend the operation of the Shop Act to other areas having population of 25,000 and more.

Broadly speaking the premises governed by the Act are shops, commercial establishments, residential hotels, clubs, restaurants, eating houses, theatres and other places of public amusement or entertainment.

The establishment of the Central Government and the State Government are exempted from all provisions of the Act.

Reading the law, it becomes clear that any business which is involved in selling goods or services to customers out of a commercial office becomes liable to register. To repeat the point made earlier then, if you work out of an office and your products or services are sold online, you could exploit the loophole that no customers are purchasing from your shop, and hence registration would not be necessary. If however, you also entertain walk in clients and sell products and services to them, that loop-hole would no longer be available to you to use.

Shops are not allowed to be opened earlier than 7 a.m. usually, unless they sell perishable goods like milk and fish for which they are allowed to be open from 5 a.m. Shops must be closed by 8.30 p.m. except in certain cases.
An employee in a shop or commercial establishment cannot be required or allowed to work for more than 9 hours in a day and 48 hours in a week, as a result of our labour laws. After every five hours of continuous work, the person must be allowed to rest. Even if the employee is working over-time, he/she should not work more than 11 hours a day. One day in a week compulsorily must be a holiday, for which pay cannot be deducted.

No, unfortunately. There are different laws for different regions in the country. So in addition to the Bombay Shops and Establishments Act, 1948 which we looked at earlier, there is the Delhi Shops and Establishments Act, 1954 and the Karnataka Shops and Establishments Act, 1961 among many, many others.
So before you register, you need to check the applicable law which affects you. In some cases, a single law may apply across States. Many laws created for the erstwhile State of Bombay apply to Gujarat and the Union Territories nearby. While some states like Manipur have their own Shops and Establishments Acts, some North East Indian states share a single law for Shops and Establishments Registration.

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