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Section 4: Registration of Establishments

The Karnataka Shops and Commercial Establishments Act, 1961State Act of Karnataka · Act 8 of 1962

(1) Within the period specified in sub-section (3), the employer of every establishment shall send to the Inspector of the area concerned, a statement in the prescribed form together with such fees as may be prescribed, containing,—

(a) the name of the employer and the manager, if any;

(b) the postal address of the establishment;

(c) the name, if any, of the establishment; and

(d) such other particulars as may be prescribed.

(2) On receipt of the statement and the fees, the Inspector shall, on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such manner as may be prescribed, and shall issue, in a prescribed form, a registration certificate to the employer. The registration certificate shall be prominently displayed at the establishment.

(3) Within thirty days from the date mentioned in column (2) below in respect of an establishment mentioned in column (1), the statement together with fees shall be sent to the Inspector under sub-section (1).

Establishments. Date from which the period of thirty days to commence.

(1) (2)

(i) Establishment existing on the date on which this Act comes into force.

(i) The date on which this Act comes Into force.

(ii) New establishments.

(ii) The date on which the establishment commences its work.

1[(3A) In case the Inspector is not satisfied about the correctness of the statement together with fees under sub-section (3) shall within thirty days from the date of receipt of the same communicate to the employer his decision for refusing to register the establishment with the reasons therefor, failing which the establishment shall be deemed to have been registered.]1

1. Sub-section (3A) inserted by Act 28 of 2005 by notification. The Act is yet to be brought into force.

1[(4) A registration certificate issued under sub-section (2), shall be valid for 2[five years]2 and shall be renewed 2[before the expiry of the period of registration certificate]2 on payment of such fees and in such manner as may be prescribed.

1. Sub-sections 4 and 5 inserted by Act 33 of 1982 w.e.f. 4.12.1982.

2. Substituted by Act 25 of 1997 w.e.f. 12.2.1998.

1[(5) The registration certificate issued or renewed before the commencement of the Karnataka Shops and Commercial Establishments (Amendment) Act, 1997 shall, on such commencement, continue to be valid till the expiry of the period of registration certificate already granted and the employer of every such establishment shall renew his registration certificate before the expiry of such period in accordance with sub-section (4).]1]1

1. Substituted by Act 25 of 1997 w.e.f. 12.2.1998.

12 1[(6) In case the Inspector is not satisfied about the correctness of the statement or the renewal application or the payment fee prescribed or any other condition of renewal shall within thirty days from the date of receipt of statement together with fees from the employer seeking renewal of registration certificate communicate to the employer his decision for refusing to renew the registration with the reasons therefor, failing which the registration certificate shall be deemed to have been renewed.

(7) In case the certificate of registration or renewal of registration is not received by any employer within the period specified in sub-section (3A) or (6), the employer shall display a self-certification statement sent by Registered Post with Acknowledgement Due to the Registering Authority for registration or renewal, as the case may be, along with the acknowledgement to that effect stating that he has got the deemed benefit. In case the certificate of registration or renewal of registration as the case may be, is received by the employer subsequently, such self certification shall be replaced with a regular certificate as soon as the same is received.

(8) If any employer has falsely claimed the benefit of deemed registration and has displayed such self certificate under sub-section (7), he shall on conviction be punished with an imprisonment of not less than six months and with a fine which may extend to five thousand rupees]1

1. Sub-sections (6) (7)& (8) inserted by Act 28 of 2005 by notification. The Act is yet to be brought into force.

Where this provision sits

ActThe Karnataka Shops and Commercial Establishments Act, 1961
Section4
Marginal noteRegistration of Establishments
JurisdictionState of Karnataka
StatusIn force as published by the source

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