INTRODUCTION:
The main purpose of the Tamilnadu shop and establishment act is to maintain the proper functioning of business and trade in Tamil Nadu. All commercial establishments main duty is to follow the weekly Act, of 1942 enacted by the government of India. This act mainly deals with the well-being of children. child under this act means a person who has not completed the age of 14. As per this act, the shops need to be closed at least one day a week. This act also covers the people who are running their business in the home itself. Even people who are selling or doing business through online mode i.e online shopping or business done through websites also need to register under this Act. SEC((shops and establishments certificates) is a legal license for commercial establishments. It is the helping tool to get other important documents like trademark registration, trade licenses, and MSME registration. It is a piece of legal evidence for the incorporation. The salient features of the Shop and Establishment Act deal with the Interval for rest and meals. Prohibition of employment of children. Employment of young people or women. Opening and closing hours. Some institutions are exempted from this Act one of the important institution is the medical sector As everyone knows hospitals deal with the health of human beings there may be an emergency that arises for the patient at any time so if a druggist or pharmacy follows the opening and closing hours of the act it may cause difficulties in human society. Considering this medical institutions are exempted from the Tamilnadu shops and establishments act.
TNSE LICENSING:
The word ‘license’ means permission granted by competent authority to engage in a business or occupation or activity otherwise unlawful.
The word ‘establishment‘ means a shop commercial establishment, restaurant, eating-house, residential hotel, theatre, or any place of public amusement or entertainment and includes such establishment as Government may by notification declare to be an establishment for this Act.
WHO ARE ELIGIBLE TO GET SUCH A LICENSE?
Any shop and establishment in Tamil Nadu that deals with business and trading purposes are eligible to get this license. what is meant by establishment here is nothing but cinema halls, hotels, restaurants, small shops, and any kind of public places filled with entertainment is considered and comes under this act.
Let me tell you about the online mode & offline modes of applying for licenses for shops and establishments
Step 1: Go to the official websites of the Tamilnadu state department of labor.
Step 2: Then choose the registration process and mention the clear details of the owner’s name and establishment’s name along with the details including the postal address, number of employees, also with the starting date of the establishment.
If the information were true and correct then it is duly agreed by the inspector in charge and issued the registration certificate to the owner of the establishment.
STEP 3:After applying for a shop license in online mode, some of the important documents of the owner need to be submitted during the registration.
- If your running a private limited company PAN card, an Article of association, and a memorandum of association is necessary.
- Incorporation Certificate of Company
- Every director of the shop and establishment needs to submit the address proof along with their identity.
- Rental agreement (if any)
- Payment receipt, challan, or transaction receipt
- Commercial address proof
Illiterate people are not aware of the online mode of registration they face difficulty in using the online portal. Considering their sufferings to get the certificate through the offline mode the person needs to approach and submit his/her application to the chief inspector of the concerned area along with a prescribed application fee. Once the chief inspector got the details. He goes through the entire application and checks whether all the documents submitted by the person are correct or not after the scrutiny process once the verification is completed the examiner will grant a license to the applicant.
REGISTRATION FEE AND ITS VALIDITY:
Based on the number of workers the registration fee will vary accordingly in the establishment.
In case,
| NO.OF WORKERS | REGISTRATION FEE |
| 1 to 15 | 6,500 |
| 6 to 11 | 9,000 |
| 12 to 21 | 15,500 |
The validity of the registration fee is for five years shop owner can renew the registration every five years by paying the appropriate registration amount.
THE TAMILNADU SHOP AND ESTABLISHMENT ACT GUIDELINES:
1. Law protecting Child Labours
The Tamil Nadu Shop and Establishment Act, and factories Act has the same rules and regulation for the welfare of child laborers as per this act no child is allowed to work during the period of 6 am to 7 pm. Also, this act mentions the working time for the child laborers i.e 7 hours a day and 42 hours a week.
2. working hours
For the wellbeing of child laborers, the Tamil Nadu government initiated new rules and regulations for the smooth functioning of the shops and establishments Act, following the rules brought by the British government during their rule in India this Act stated weekly one-day holidays for the labourers. As per this act, labourers need to work 8 hours a day which means 48 hours a week. if any labour works for more than 48 hours then overtime wages need to be paid to the respective workers.
3. Guidelines Related to Health and Safety
The duty lies on the employer he needs to maintain the surrounding working room, and work environment free from dust and fumes. He is solely responsible for the safety and health measures. Every shop in Tamilnadu must follow the Tamilnadu shop and establishment act procedures of guidelines for the health and safety measures mentioned in the Act.
- Cleanliness
Floors and doors need to be kept clean daily to avoid effluvia etc., The walls should be painted every 5 years once if it was a water painting then it should be painted at least a period of 3 years once.
- Lighting
Every shops and establishments compulsorily need to have sufficient light facilities whether it may be in both natural or artificial form.
6.Ventilation
At any chance no need to suffocate from the lack of ventilation facility. Considering this Tamilnadu government gave some tips for the artificial ventilation procedure method to avoid people suffering from lack of ventilation in the establishment premises.
7.PRECAUTION FOR FIRE
It is compulsory to have fire extinguishers to safeguard from the fire
8 .PAID HOLIDAYS
The employer needs to follow the proper norms when it comes to the holidays given to the employee if he works continuously for a period of more than 12 hours then they should be given paid holidays.
PAYMENT OF WAGES
It’s the duty of the employer to pay the employee wages properly the wage amount should be paid within 10 days from the start of the month.
CONCLUSION:
Though the government makes every establishment to get a license compulsory some shops in local villages and rural sectors were unaware of this Act. At any point ignorance of the law is not an excuse so village panchayat moves forward and survives and educates the legal awareness among the illiterate. The online portal procedure is quite difficult to be completed government can make it simple because of browsing centers or any e-seva centre charging which is not less in amount. Recent amendments made for the welfare of women were appreciatable as per this if women employee is in the establishment then the employer needs to form an internal committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 and the committee should be operative. Overall it is a positive approach for the well-being of both employer and employee. Compared to the other states Tamilnadu shops and establishments contain various welfare measures.
INTERESTING FACTS THAT EVERYONE NEEDS TO KNOW ABOUT TNSE ACT
1 . Do you know when it came into force?
Tamil Nadu Shops And Establishments Act, 1947 came into force on 14th November 2018 the Governor of Tamil Nadu hereby directs that the said Act.
- What is the beneficiary we got by doing registration under this act?
It also allows the business owner to obtain a quick loan and open a current bank account for business transactions.
- Do you know the latest amendment made to Tamilnadu shops and establishments?
In 2018 the last amendment was made for Tamilnadu and its establishment. On and after the effective date of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018, the employer of any establishment employing ten or more workers must apply for registration and obtain a registration certificate within six months of the start of his business.
- How many days a worker can get leave with salary?
After 12 months of continuous services workers get privileged leave for a period of 12 days.
For sick leave, workers can get 12 days to leave and another 12 days leave as casual holidays during the first 12 months, and further continuous services.
- Is GST registration compulsory for shops?
GST is a tax on the event of “supply”, every supplier needs to get registered.
- Whether the shop can be open 24X7?
The Labour Department of Tamil Nadu on June 02, 2022, has issued a notification to permit shops and establishments which employ 10 or more persons to keep open 24X7 on all days of the year, for a period of three years with effect from June 05, 2022, with certain conditions.
- What are the Important facts that everyone needs to know about TNSE ACT
Normally there may be a chance of questions arising regarding the shops and establishments in villages during the temple festival. If the establishment is not for more than 15 days. Then it is exempted from the Act.
Any authority that comes under the management or control of the state and central governments is also exempted from the Act.
Oil fields and mines have an exemption.
Do you know that Establishment and shop owners need to submit their application for registration within 30 days from the commencing of the business?
If there is any information that needs to change in the registration process then he needs to change the information within 15 days of the occurrence of such changes.