Corporate law
Uttar Pradesh Shops and Commercial Establishments Act, 1962
22 Apr 2016  |  Views: 78  | 
Rashi Gahlaut
Advocate

Uttar Pradesh Shops and Commercial Establishments Act, 1962

 

APPLICABILITY:

Applied to commercial establishments and cane co-operative societies in the State and also to those employees of vacuum pan sugar factories in the State to whom the provisions of the Factories Act, 1948, do not apply.

REGISTRATION:

  • Under Section 4, 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 U.P. Dookan Aur Vanijya Adhishthan (Sanshodhan) Adhiniyam 1976, whichever is later, apply to the Chief Inspector for registration of his shop or commercial establishment through an application in form ‘L’
  • The Chief Inspector shall on being satisfied that the prescribed fee has been deposited, register the shop or commercial establishment in the register of shops or commercial establishments and issue a registration certificate in form ‘M’ to the owner. Every owner of a shop or commercial establishment shall get his shop or commercial establishment registered for five financial years and if it is a case of renewal, renewed for five financial years which may be up to ten financial years at the time of next renewal under this Act on payment of prescribed fee.



TIMINGS:

Under Section 5, no shop or commercial establishment, not being a shop or commercial establishment mentioned in Schedule I, shall on any day open before 9 a.m. or close later than 8 p.m.

SUMMER TIMINGS:

In summer (period from midnight of March 14 to midnight of September 14 in any year) the employer may open before 10 a.m. but not before 9 a.m.

Provided further that shops exclusively or mainly dealing in food grains, pulses and oil seeds may open earlier but not before 8 a.m.

No employer shall on any day open before 9 a.m. or keep open after 7 p.m. any commercial establishment, not mentioned in Schedule I of the Act.

The shops and commercial establishments wherein only wholesale business of food grains, pulses and oil seeds is carried on, and which are situated in a grain mandi specified in this behalf by the District Magistrate having jurisdiction over the area may open earlier, but not before 6 a.m.

WORKING HOURS:

  • Under Section 6, no employer shall require or allow an employee to work on any day for more than five hours in case of a child,
  • six hours in case of a young person
  • and eight hours in case of any other employee,
  • provided that any employee, not being a young person or a child, may be required or allowed to work longer than the aforesaid hours of work, so however, that the total number of hours of work including overtime does not exceed ten on any one day except on a day of stock taking or making of accounts.
  • provided further that the total number of hours of overtime work shall not exceed fifty in any quarter.
  • Under Section 7, the working hours in a shop or commercial establishment shall be so arranged that each employee gets an interval of not less than half an hour for rest after not more than five hours of continuous work, and the periods of work and intervals of rest of an employee do not spread-over more than twelve hours in one day.

 

  • Whenever any employee is required or allowed to work overtime, the employer shall within 24 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.

Any employee, who has worked in excess of the hours of work fixed (i.e. eight hours), shall be paid by his employer, wages at twice the ordinary rate.

HOLIDAYS:

  • Under Section 8, every employer shall keep his shop or commercial establishment, not included in Schedule I, closed on one day in a week and on public holidays (including Republic Day, Holi Parewa, Birthday of Dr. Ambedkar, Independence Day, Birthday of Mahatma Gandhi, Diwali Parewa, Kartiki Poornima and Idu’l Fitr.) in a year.
  • Under Section 9, every employee, not being a watchman or a caretaker, shall be allowed by the employer, holiday on (i) every close day which is a public holiday; and (ii) one whole day in each week

EARNED LEAVES:

Under 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 any holiday allowed under Section 9, be entitled to earned leave for not less than fifteen days for every twelve months of such service provided that a watchman or a caretaker who has been in continuous employment for a period of twelve months or over shall be entitled to not less than sixty days earned leave for every twelve months of such service.

ACCUMULATION OF EARNED LEAVE:

45 days in 3 years. If employee has 45 days of leave to his credit and is refused leave then such period of refused leave is to be paid.

SICKNESS LEAVES:

Every employee who has been in continuous employment of the same employer for a period of six months or over shall, subject to such conditions as may be prescribed, be further entitled to sickness leave for not less than fifteen days in any one calendar year.

CASUAL LEAVES:

Every employee shall be also entitled to casual leave for not less than ten days in any one calendar year. Every application from an employee for casual leave shall be in writing. 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.

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.

Under Section 11, if earned leave is refused the employee is entitled of its encashment in addition to one’s regular wages.

PAYMENT OF WAGES:

Under Section 13, every employer shall fix a wage period, may be monthly, fortnightly, weekly or daily.

  • Where the wage period consists of a month, every employer shall pay the wages of his employee, before the expiry of the seventh day after the last day of the wage period in respect of which the wages are payable.
  • Where the wage period is either a fortnight or a week, payment shall be made by the employer before the expiry of three days after the last day of the wage period in respect of which the wages are payable,
  • Where the wage period is daily, payment shall be made by the employer before the expiry of 24 hours of the wage period.

DEDUCTIONS:

Section 15-  fines, absence from duty, damages caused due to neglect, house rent and other conveniences utilized by the employee, recovery on advances, loans, income tax, provident fund, refreshment, revenue stamp, insurance premium, payment for security deposits, payment towards super annuation fund. The deductions against advances cannot exceed one third of the wages.

 

FINE:

  • Under Section 16, no fines in excess of 3 per cent of the wages payable to an employee for any wage period shall be imposed on him by the employer. Under Section 35, any person guilty of an offence under this Act shall be liable to fine which may, for the first offence, extend to hundred rupees and, for every subsequent offence, to five hundred rupees.
  • Fine is to be realized only when approved by the Chief Inspector.
  • Under Section 36, no court shall take cognizance of any offence under this Act or the rules made there under except on complaint in writing made within six months of the date on which the offence is alleged to have been committed.
  • Under Section 37, no suit, prosecution or other legal proceedings shall lie against any officer or authority under this Act, for anything done, or intended to have been done, in good faith in pursuance of the provisions of this Act or the rules or orders made there under.

 

REGISTERS REQUIRED TO BE MAINTAINED & THEIR RESPECTIVE FORMS:

  • Under Section 17, the employer shall maintain a register of fines and realisation thereof in form ‘E’.
  • Under Section 32, every employer employing up to ten employees shall also maintain a register in respect of attendance and payment of wages, deductions and leave facilities in form ‘CC’.
  • Employing employees exceeding ten but not exceeding 25 shall maintain the register of attendance and wages in form ‘G’ and also maintain a register of leave in form ‘H’.
  • Employing employees exceeding 25 shall be required to maintain a register of attendance and wages in form ‘G’, a register of leave in form ‘H’, and a register of deductions from wages in form ‘D’
  • Under Section 4 (A), it has been mentioned that the Chief Inspector shall maintain a register of all shops and commercial establishments in form ‘K’ to which this Act applies, provided that such different registers may be maintained for different areas and for different classes of shops and commercial establishments.

 

EMPLOYMENT OF CHILDREN & WOMEN:

  • Under 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.
  • Under Section 22, no woman or child shall be required or allowed to work, whether as an employee or otherwise in any shop or commercial establishment during night.
  • Under Section 24, a pregnant woman employee may, by seven clear days’ notice (in form ‘F’ made available by the employer to the employee concerned at any time 67 during working hours) in writing, require her employer to relieve her from duty for a period not exceeding six weeks preceding the expected date of delivery.
  • Under Section 25, the period of absence from duty in respect of which a woman employee is entitled to maternity benefits under Section 26 of this Act, shall be treated as authorised absence from duty, and the woman employee shall be entitled to maternity benefits, but not to any wages, for any of these periods. Every woman employee, who has been in continuous service of the same employer, is entitled to receive 12 weeks maternity leave with wages. 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.

 

TRANSFER OF REGISTRATION CERTIFICATE

 

  • The registration certificate under these rules shall not be transferable. In case of transfer of ownership of a shop or commercial establishment the new owner shall have to apply afresh and obtain a registration certificate in that behalf on payment of the prescribed fee for it.

 

ISSUE OF DUPLICATE COPY OF REGISTRATION CERTIFICATE— [Section 4-D] 58[(10)

 

  • Where a registration certificate issued under Section 4-B or renewed under Section 4-C is lost, destroyed, torn, defaced, mutilated or otherwise becomes illegible, an application to the Inspector concerned for the issue of a duplicate copy thereof shall be made in Form 'O' accompanied by a Treasury Challan/Bank Draft (Crossed) for Rs 5 or Rs 10, as the case may be, on account of fee as specified below:— For shops or commercial establishments:— (i) Without employee Rs 5/- (ii) With employees Rs 10/-

 

MISCELLANEOUS

Under Section 29, the State Government may appoint a Chief Inspector and a Deputy Chief Inspector for the whole of Uttar Pradesh, and as many Inspectors for different areas thereof as may be considered necessary. Under Section 30, an Inspector may, at all reasonable times, enter any place which is, or which he has reason to believe to be, a shop or commercial establishment, for the purpose of examining the registers, records or other documents kept therein and obtain a copy thereof.

Under Section 38, whenever a shop or commercial establishment is actually opened, it shall be presumed that it is opened for the service of any customer or for the business, trade or manufacture normally carried on in the shop or commercial establishment.

The Notice For The Approval Of A Close Day Shall Be In Form ‘A’.

The Notice Specifying Close Days, Shall Be In Form ‘B’.

Under Section 3, a list of employees shall be displayed at a conspicuous place in the shop or commercial establishment and a copy thereof shall be sent to the Inspector concerned. Under Section 20, according to subsection (1) no employee, other than an employee engaged for a specified period or in a leave vacancy, shall terminate his employment, except after notice of thirty days, or of such longer period, as may be required under the terms of his employment. According to subsection (2) where an employee fails to comply with these provisions, his unpaid wages for a period not exceeding 15 days may be forfeited to his employer.

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