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  • Writer's pictureCS Joseph Sequeira

Licensing of Commercial premises for Trade and Shops in Goa

Promoters of commercial establishments and shops require the professional services of a Practicing Company Secretary to obtain Trade license and Shop & Establishment licenses within a reasonable time and at a competitive cost.


Delays in obtaining licenses result in costly project delays and loss of profits as Time is Money. I


Delays take place for three main reasons :


1. Lack of professional knowledge

2. Lack of proper documents

3. Failing to follow prescribed procedure as pet Guidelines or Law.


Speaking from experience & professional knowledge, I have found that the following procedure is quickest and most effective in obtaining trade and shop licenses i. Goa:


1 . Collecting the documents required by the website.


A. Trade Licence/ Self Declaration by employer on stamp paper.


B. Premise Document namely

- House Tax copy

- License agreement or Lease Agreement or Sale Deed or Gift Deed

C. NOC from land owner (On Rs. 50 non-judicial stamp paper, notarised)


D.Identity Proof namely

- PAN card

- Driving License

- Aadhar card, Passport copy


E. In case of Company, its Memorandum / Article of Association and Registration Certificate from Registrar of Companies alongwith list of its Board of Directors


F. Board Resolution or Authority Letter for signature on application


There are also other documents depending on special requirements on case to case basis.


Forms under the Goa Shops & Establishments Act & Rules


1. Form XXV (Notice of Shops/Establishment)

2. Form XXIV (Notice of close day or a change in close day)

3. Form XXVIII (List of holidays)


2. Ensure all documents are signed and attested by the Promoter Directors or Partners or Proprietor, as the case may be, under rubber stamp.


3. Scan the attested documents and upload into a document folder.

D. Fill out the application forms manually for trade license and shop license.


4. Prepare 2 sets of files for each application - one for the Inspector and one for office record.


5. The application for Trade license is filed in the Municipal Inward Section and then to be followed up with the Inspector for date & time of Inspection & inspection report.


6. After the Inspection reports are issued, the files are put up for technical clearance and then to the Commissioner for approval.


7. Thereafter the trade tax is fixed and informed to the Proprietor or Promoter for payment by RTGS/cash/ cheque /DD.


8. The Trade license is issued 2 days after the payment of Trade tax.


9. The, application for Shop license is filed online on the Goa Government website https://www.goaonline.gov.in with all the prescribed documents for the clearance by the Shop Inspector. The 'comply button' is used to update and submit the prescribed documents.


10. The Proprietor /Promoter also has to file the Forms 14, 15 & 28 with the Shop Inspector which is notice of Close Day, Annual List of holidays with wages, issue appointment letters, and maintain the Wage Register, etc.


11. After filing the trade license online, the Inspector issues the instruction to make payment by Card or RTGS to the Proprietor or Promoter.


12. After payment is made by the Proprietor or Promoter, the Shop Inspector issues the Shop license or Registration certificate fir the premises which can be immediately downloaded.


13. Copy of the Licenses have to be framed and displayed in the premises.


CHARGES:

Generally the charges for the each license is about Rs. 10,000/- plus out of pocket expenses.


A note of caution is that it is not advisable to use any commercial premises without the Shop and /or Trade license as any contravention invites monetary and/or penal consequences.


The writer a Practicing Company Secretary with more than 30 years in project consultancy. He can be contacted for queries or assistance at the following address:


CS Joseph Sequeira

B.Com, LL.B, FCS, MICA

Practicing Company Secretary

Delfina Apts, Opp. Rosary Church,

Caranzalem, Panaji, Goa - 403004

Email : josephcf@yahoo.com

Phone: +91 8380087153

Website: www.csjoseph.in


Disclaimer: The information given in this document has been made on the basis of the provisions stated in the Companies Act, 2013 for private limited companies, the Goa Shops & Establishments Act and Rules, the Municipalities Act and the requirements notified by the Government of Goa on its website www.goaonline.gov.in for other applicable laws. The information in this document is for general informational purposes only and is not a legal advice or a legal opinion. You should seek the advice of legal counsel of your choice before acting upon any of the information in this document. We are not responsible for any loss, claim, liability, damage(s) resulting from the use, omission or inability to use the information provided in the document.

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