Uttar Pradesh Shops & Commercial Establishments Act 1962

Summary

The Uttar Pradesh Shops and Establishments Act, and Rules, are applicable to all the shops and commercial establishments in the whole of the Uttar Pradesh State.

The Act is enacted for the purpose of protecting the rights of employees. The Act provides regulations of the payment of wages, terms of services, work hours, rest intervals, overtime work, opening and closing hours, closed days, holidays, leaves, maternity leave and benefits, work conditions, rules for employment of children, records maintenance, etc.

Definitions

Commercial Establishment means any premises, not being the premises of a factory, or a shop, wherein any trade, business, manufacture, or any work; in connexion with, or incidental or ancillary thereto, is carried on for profit and includes a premises wherein journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, or which is used as theatre, cinema, or for any other public amusement or entertainment, or where the clerical and other establishment of a factory, to whom the provisions of the Factories Act, 1948, do not apply,work;

Shop means any premises where any wholesale or retail trade or business is carried on, or where services are rendered to customers, and includes all offices, godowns or warehouses, whether in the same premises or not, which are used in connexion with such trade or business.

Registration

Every owner of a shop or commercial establishment shall within three months of the commencement of such business or within three months of the commencement of the Uttar Pradesh Dookan Aur Vanijya Adhisthan (Sansodhan) Adhiniyam, 1976, whichever is later, apply to the Chief Inspector for registration of his shop or commercial establishment.

Every application for registration shall be in such form and shall be accompanied by such fees as may be prescribed.

The Chief Inspector shall, on being satisfied that the prescribed fee has been deposited, register the shop or commercial establishment in the register maintained under section 4-A and shall issue a certificate of registration to the owner in such form and in such manner, as may be prescribed.

Exemptions

The provisions of this Act shall have no application to:

• employees occupying positions of confidential, managerial or supervisory character in a shop or commercial establishment, wherein more than five employees are employed: Provided that the number of employees so exempted in a shop or commercial establishment shall not exceed ten per cent of the total number of employees thereof;
• employees whose work is inherently intermittent, as in the case of a traveler or canvasser;
• offices of Government or local authorities;
• offices of the Reserve Bank of India;
• establishments for the treatment or care of the sick, infirm, destitute or mentally unfit; and
• members of the family of an employer;

Compliances

References

• Uttar Pradesh Shops and Establishments Act, 1962
• Uttar Pradesh Shops and Establishments Rules,1963
• Uttar Pradesh Labour Department - E Registration