Shops and Establishments Act - Uttar Pradesh

Uttar Pradesh Shops and Establishments Act, 1962

The Uttar Pradesh Shops and Establishments Act, and Rules thereto, are applicable to all the shops and commercial establishments situated in the State of Uttar Pradesh. The Act provides regulations on 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.

Some of the important compliances required under Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962 (viz. Uttar Pradesh Shops & Establishments Act, 1962) and Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 1963(viz. Uttar Pradesh Shops and Establishment Rules 1963) are as under:

1. Shops and Establishment Registration Certificate (Section 4B): The employer of the establishment is required to apply for Registration of the Establishment under this act within 6 months from the date of commencement of work in the said establishment.

2. Hours of work Section 6(1): No employer shall require or allow any employee to work on any day for more than-
(a) five hours in the case of a child,
(b) six hours in the case of a young person, and
(c) eight hours in the case of any other employee

3. Information of overtime work (Rule 4): Where any employee works overtime, the employer shall, within twenty-four hours of the expiry of the period of such work, furnish information giving the name of the employee, and the duration of overtime work to the Chief Inspector and to the Inspector concerned.

4. Close days (Section 8(1): Every employer shall keep his shop or commercial establishment, not included in Schedule II, closed on-
(a) one day in a week, and
(b) such public holidays in a year as may be prescribed, to be hereinafter referred to, as close days

5. Approval of an employer’s choice of a close day (Section 8(2), Rule 6): The choice of a close day not being a close day which is a public holiday shall, subject to the approval of the District Magistrate rest with the employer.

6. Notice of Closure of Establishment in Uttar Pradesh (Rule 2A (12)): The employer shall, within 15 days of closing the establishment, notify in writing to the Inspector within whose area the establishment is situated.

7. Notice of weekly holiday (Section 9, Rule 9): Every employer shall exhibit in his shop or commercial establishment a notice in Form “C” specifying the day or days of the week on which the employees shall be given holiday. The notice shall be exhibited before the persons employed cease work on the Saturday immediately preceding the week during which it will have effect.

8. Entitlement of earned leave (Section 10): Every employee, who has been in continuous employment of the same employer for a period of twelve months or over, shall, in addition to weekly holiday, be entitled to earned leave for not less than fifteen days for every twelve months of such service.

9. Details of leave earned including c/f leave, etc Rule 10 (e): The employer shall at the close of every year, communicate in writing to the employee, on demand made by him, the account of his earned leave including leave carried forward from the previous year, the leave earned during the year, the leave availed during the year and the leave to be carried forward to the next year.

10. Casual Leave (Section 10(3)): Every employee shall subject to such conditions as may be prescribed, be also entitled, in addition to earned leave and sickness leave, to casual leave for not less than ten days in any one calendar year.

11. Earned leave not availed of (Section 10(4)): Any earned leave not availed of in any year by an employee shall be added to such leave accruing to the employee in the year following. Provided that the total period of earned leave admissible to an employee at any time shall not exceed 45 days.

12. Earned leave in case of termination of employment (Section 10 (7)): Where the services of an employee are terminated by his employer, or where the employee terminates the employment, the employer shall be liable to pay to the employee wages for the number of days for which the earned leave is due to him.

13. Wages for holidays and leave (Section 12): For every holiday, and for each day for leave allowed under this Act, the employees shall be entitled to wages at a rate not less than that rate to which the employee was entitled for the day immediately preceding the holiday or the day of leave availed by him, anything to the contrary contained in any other law, contract, custom or usage notwithstanding.

14. Prohibition of employment of children (Section 21): No child shall be required, or allowed; to work in any shop or commercial establishment except as an apprentice in such employment as may be notified by the State Government in the Gazette.

15. Employment of woman between 9 p.m. and 6 a.m. (Section 22): Any employer if satisfied that the provision of shelter, rest room, night crèche, ladies’ toilet, adequate protection of their safety, and their transportation from the shop or commercial establishment to their residence exists in such shop or commercial’ establishment, he may. After obtaining the consent of the woman worker, allow her to work between 9 p.m. and 6 a.m.

16. Prohibition of employment of women during certain period (Section 23): No employer shall knowingly require or allow a woman to work, and no woman shall work in any shop or commercial establishment during the period of six weeks following the day on which she is delivered of a child.

17. Right of absence during pregnancy (Section 24): A pregnant woman employee may, by seven clear days’ notice in writing [in Form F], require her employer to relieve her from duty for a period not exceeding six weeks preceding the expected date of delivery.

18. Intervals for rest (Section 27): A woman employee, during the period she is nursing her child, shall, in addition to the regular intervals of rest, be entitled to two breaks of half an hour each for the aforesaid purpose.

19. Provision of wholesome drinking water (Section 28A (1)): Every employer shall make effective arrangements to provide and maintain at suitable points convenient for all persons employed in the shop or commercial establishment, sufficient supply of wholesome drinking water.

20. Maternity Benefit (Section 26, Rule 16): Every woman employee who has been, for a period of not less than six months preceding the date of her delivery, in continuous employment of the same employer whether in the same or different shops or commercial establishments, shall be entitled to receive from her employer for the periods of-
(a) six weeks immediately preceding the day of delivery; and
(b) six weeks following the date of delivery;
such maternity benefits and in such manner as may be prescribed. Provided that no woman employee shall be entitled to receive such benefits for any day during any of the aforesaid periods, on which she attends work and receives wages therefor.

21. Canteen (Section 28 A (5)): Canteen to be provided where at least 250 workers are employed or ordinarily employed. Common canteen may be provided for group of commercial establishments if permitted by Inspector.

22. Health and safety (Section 28A (6)): Every employer shall take such measures relating to the health and safety (including cleanliness, lighting, ventilation and protection against fire) of the workers which are necessary.

23. Language used for exhibiting any Notice in the establishment (Rule 18(3)): Any notice required to be exhibited under these rules shall be exhibited in such manner that it can readily be seen and read by any person whom it affects and shall be in Hindi written in Devanagari Script. Every such notice shall be renewed promptly, whenever it becomes defaced or otherwise illegible.

24. Entries to be made in the Register (Rule 18(4)): In any register or record which an employer is required to maintain under these rules, the entries relating to any day shall, as far as possible, be made on that particular day

25. Inspector’s visit and Inspection Book (Section 32, Rule 20): Every employer shall maintain an Inspector’s Visit and Inspection Book in his shop or commercial establishment and shall produce the same before the Inspector on demand. The book shall contain all inspection notes recorded form issued by Inspector in respect of that shop or commercial establishment.

26. Workmen’s Compensation Act and Rules (Section 39): The provisions of the Workmen’s Compensation Act, 1923, and of the Rules made there under, shall mutatis mutandis apply to every employee of a shop or commercial establishment.

27. Crèche (Section 28 A (3)): In every shop or commercial establishment wherein twenty or more-woman worker are ordinarily employed, there shall be provided and maintained rooms as crèche for the use of children of such woman workers.
Provided that if a group of shops or commercial establishments, so decide to provide a common crèche within a radius of one kilometre, then, the same shall be permitted by the Inspector, by an order, subject to such conditions as may be specified in the order.

28. Register of fines (Section 17, Rule 13): Every employer shall maintain a register of fines and realization thereof in Form “E”.

29. Preservation of register and records (Rule 18(5)): The registers and notices to be kept by the employers relating to any year shall be preserved for six years after the expiry of the year to which they relate and shall be produced before an Inspector.

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