Key Clarification: Maharashtra Shop & Establishment Registration vs OSH Code Registration (Govt. Circular dated 30.04.2026)

The Government of Maharashtra has now issued an important clarification regarding the interplay between the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) and the Maharashtra Shops and Establishments Act, 2017. Practical Legal Position: 1. Establishments employing 10 or more workers Once the OSH Code registration framework is operationalized through final rules and registration is obtained under Section 3 of the OSH Code, such establishments will not be required to obtain separate registration under the Maharashtra Shops & Establishments Act purely for registration purposes. In simple terms: OSH Code Registration (10+ employees) = Registration compliance substitute for Shop Act Registration 2. Why? The state has clarified that: OSH Code is central legislation covering registration, health, safety, and working conditions comprehensively. It overrides overlapping state registration requirements on the same subject. Article 254 (Repugnancy principle) applies where central law prevails over conflicting state provisions. 3. Important Compliance Caveat This does not mean the Maharashtra Shops & Establishments Act becomes irrelevant. Even where separate registration is not required: Opening/closing hours Leave provisions Weekly offs Women's employment conditions Record maintenance Other state-specific operational provisions will continue to apply to the extent they are not inconsistent with the OSH Code. 4. Establishments employing less than 10 workers Businesses with fewer than 10 workers must still comply with Section 7's intimation requirement under the Maharashtra Shops & Establishments Act (business commencement intimation). 5. Current Practical Advisory for Employers Since OSH Code implementation depends on final notification/rules and portal operationalization: Existing registered establishments should not abruptly cancel current Shop Act compliance without operational confirmation. New entities should carefully evaluate employee strength and practical enforcement status. Until the full OSH registration mechanism is active, businesses should remain cautious and maintain compliance continuity. Compliance Impact Summary: 10+ Employees: OSH registration (post-implementation) is expected to replace separate Shop Act registration. <10 Employees: Section 7 intimation under the Maharashtra Shops Act continues. All Establishments: Operational provisions of the Maharashtra Shops Act still relevant unless specifically overridden. Professional Takeaway: This circular is a major step toward reducing duplicate registration burden, but it is not a blanket repeal of the Maharashtra Shops Act. It is primarily a registration rationalization measure, not a full exemption from state labor compliance. Bottom Line: Registration may be consolidated under OSH Code, but compliance responsibilities continue.