Uttar Pradesh Dookan Aur Vanuya Adhishthan Adhiniyam, 1962
Uttar Pradesh Dookan Aur Vanuya Adhishthan Adhiniyam, 196 21
Preamble
An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops and commercial establishments
It is hereby enacted in the Thirteenth Year of the Republic of India as follows:
Footnote:
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Received the assent of the President on 18.12.1962 and published in the U.P. Gazette, Extra., dt. 26.12.1962.
Chapter: I - PRELIMINARY
Section 1 - Short title, extent and application
(1) This Act may be called the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962.
(2) It extends to the whole of Uttar Pradesh.
(3) The provisions of this Act referred to in Schedule I shall, in the areas mentioned in the said Schedule, apply to the extent specified therein and the State Government may from time to time, direct, by notification in the Gazette, that all or any of the provisions of this Act shall also apply in relation to such areas and to such extent as may be specified in the notification.
Section 2 - Definitions
In this Act, unless there is anything repugnant in the subject or context--
(1) 'apprentice' means a person, not being a person below the age of 12 years, employed for purposes of training, with or without wages, by an employer in any trade or calling;
1[(1-A) 'Chief Inspector' means the Chief Inspector appointed under Section 29, and includes a Deputy Chief Inspector or Inspector appointed under that section;]
(2) 'child' means a person who has not completed his fourteenth year;
(3) 'close' means not open within the meaning of clause (13);
(4) 'Commercial establishment' means any premises, not being the premises of a factory, or a shop, wherein any trade, business, manufacture, or any work in connection 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;
(5) 'day' means the period of 24 hours beginning at midnight:
Provided that in the case of an employee, whose hours of work extend beyond midnight, day means the period of 24 hours beginning from the hour of commencement of his duty;
(6) 'employee' means a person wholly or mainly employed on wages by an employer in, or in connection with any trade, business or manufacture carried on in a shop or commercial establishment and includes--
(a) caretaker, mali or a member of the watch and ward staff;
(b) any clerical or other staff of a factory or industrial establishment, which is not covered by the provisions of the Factories Act, 1948; and
(c) any apprentice or a contract or piece-rate worker;
(7) 'employer' means a person who owns, or who holds charge of, or has ultimate control over the trade, business or manufacture carried on in a shop or commercial establishment, as the case may be, and includes the manager, agent or any other person acting on behalf of the employer in the management or control of such trade, business or manufacture;
(8) 'factory' shall have the meaning assigned to it in the Factories Act, 1948, so however as not to include the premises where the clerical or other establishment of a factory, to whom the provisions of that Act do not apply, work;
(9) 'family' in relation to an employer means the husband or wife, as the case may be, son, daughter, father, mother, brother or sister of such employer, who lives with and is wholly dependant on him;
(10) 'inspector' means an Inspector, Deputy Chief Inspector or the Chief Inspector, appointed under Section 29 of this Act;
(11) 'leave' means a period of absence from duty with wages to which an employee is entitled under Chapter III of this Act;
(12) 'night' means such period of twelve consecutive hours, so however as always to include the interval between 10 p.m. and 6 a.m., as may be prescribed;
(13) 'open' in relation to a shop or commercial establishment means open for the service of any customer, or for the business, trade or manufacture, normally carried on in the shop or commercial establishment;
1[(13-A) 'owner', in relation to a shop or commercial establishment, includes a person who runs or is incharge of such shop or commercial establishment;]
(14) 'prescribed' means prescribed by the rules made under this Act;
(15) 'retail trade or business' means the business of sale of goods in small quantities and the rendering of service to customers, and includes the business of a barber or hair-dresser, the sales of cooked food, refreshments or intoxicating liquors and retail sale by auction;
(16) '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 connection with such trade or business;
(17) 'State' means the State of Uttar Pradesh;
(18) 'wages' means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money, or capable of being so expressed, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee, and includes--
(a) any bonus;
(b) any sum payable to the employee by reason of the termination of his employment; or
(c) any additional remuneration payable under the terms of his employment;
(19) 'week' means a period between the midnight on Saturday, and the midnight on the following Saturday; and
(20) 'young person' means a person who is not a child and has not completed his seventeenth year.
Footnote:
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Ins. by U.P. Act No. 54 of 1976 (w.e.f. 15.10.1976).
Section 3 - The provisions of the Act not to apply to certain persons, shops and commercial establishments
(1) The provisions of this Act shall have no application to--
(a) 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;
(b) employees whose work is inherently intermittent, as in the case of a traveller or canvasser;
(c) offices of Government or local authorities;
(d) offices of the Reserve Bank of India;
(e) establishments for the treatment or care of the sick, infirm, destitute or mentally unfit; and
(f) members of the family of an employer.
(2) A list of the employees referred to in clause (a) of sub-section (1) shall be displayed at a conspicuous place in the shop or commercial establishment and a copy thereof shall be sent to the Inspector concerned.
(3) Powers of the Government to exempt any class of shops or commercial establishments from the operation of the Act.--The State Government may, in public interest, by notification in the Gazette, exempt, subject to such conditions as it may impose in this behalf, any shop or commercial establishment or any class of shops or commercial establishments from the operation of all or any of the provisions of this Act.
(4) Withdrawal of exemption by the State Government.--The State Government may, likewise by notification in the Gazette, withdraw in whole or in part, permanently, or for such period as may be specified, any exemption granted under sub-section (3).
Section 4 - Savings
Nothing contained in this Act shall adversely affect any right or privilege to which any employee may be entitled, on the date on which this Act begins to apply to him, under any law, award, agreement, contract, custom or usage, in force on that date.
Chapter: IA - REGISTRATION OF SHOPS AND COMMERCIAL ESTABLISHMENTS
Section 4A - Register of shops and commercial establishments
1[The Chief Inspector shall maintain in such form and containing such particulars as may be prescribed, a register of all shops and commercial establishments, 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.
Footnote:
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Ins. by U.P. Act No. 54 of 1976 (w.e.f. 15.10.1976).
Section 4B - Registration
(1) 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 Adhishthan (Sanshodhan) Adhiniyam, 1976, whichever is later, apply to the Chief Inspector for registration of his shop or commercial establishment.
(2) Every application for registration under sub-section (1) shall be in such form and shall be accompanied by such fees as may be prescribed.
(3) 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.
Section 4C - Term and renewal of registration certificate
The registration certificate granted under Section 4-B shall be valid for such period as may be prescribed, and shall on an application being made in that behalf and upon payment of the prescribed fees, be renewable from time to time by the Chief Inspector for such further period as may be prescribed.
Section 4D - Duplicate registration certificate
When a registration certificate is lost, destroyed or torn, or is defaced or otherwise becomes illegible, the Chief Inspector shall in the manner prescribed and on payment of the prescribed fee, issue a duplicate registration certificate.]
Chapter: II - HOURS OF BUSINESS
Section 5 - Hours of business
(1) No shop or commercial establishment, not being a shop or...
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