Uttar Pradesh Shops and Commercial Establishment Rules, 1963

Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 19631

Preamble

In pursuance of the provisions of Article 348(3) of the Constitution of India, the Governor of Uttar Pradesh is pleased to order the publication of the following English translation of Notification No. 2084(LL)/XXXVI-B-489(LL)-1962, dated May 1, 1963.

In exercise of the powers under Section 40 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. 26 of 1962), the Governor of Uttar Pradesh is pleased to make the following rules, the same having been previously published as required by sub-section (3) of the said section.

Footnote:

  1. Vide Noti. No. 2084(LL)/XXXVI-B-489(LL)-1962, dt. 01.05.1963, published in the U.P. Gazette, Extra., dt. 01.05.1963.

    1. Short title and commencement.

    (1) These rules may be called the Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 1963.

    (2) They shall come into force at once1.

    Footnotes:

  2. The Rules came into force w.e.f. 01.05.1963.

    1 [ 2. Definitions

    In these rules, unless there is anything repugnant in the subject or context:-

    (a) "The Act" means the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam,1962;

    (b) "Financial year" means the period of twelve months commencing on the first day of April;

    (c) "Form" means a form appended to these rules;

    (d) "Inspector concerned" in relation to a shop or commercial establishment, means an inspector for the area within which the shop or commercial establishment is situated;

    (e) "Night" means the period of twelve consecutive hours beginning at 7 p.m.;

    (f) "Registration Certificate" means a certificate showing the registration of a shop or a commercial establishment;

    (g) "Register of shops or commercial establishments" means a register maintained for the registration of shops or commercial establishments under Section 4-A of the Act.

    (h) "Section" means a section of the Act;

    (i) "State Government" means the Government of Uttar Pradesh;

    (j) "Restaurant" means any premises in which the business or supply of meals or refreshments on payment to the public or a class of public for consumption on the premises is carried on wholly or mainly by whatever name called; and

    (k) "Theatre" includes any premises intended mainly or wholly for the exhibition of pictures or other optical effects by means of cinematography or other suitable apparatus or for dramatic or circus performances or for any other public amusement or entertainment.]

    Footnote:

  3. Subs. by Notification. No.4375 (V)/XXXVI-3-712(S)-80, dt.03.02.1984 (w.e.f. 03.02.1984).

    1 [2A - Form of Register to be kept by the Inspector concerned of the shop or commercial establishment and the fees charged for their registration and its validity

    (1) The register of shops or commercial establishments shall be maintained in Form ''K''.

    2[(2) The owner of every shop or commercial establishment shall within the period as specified in sub-section (1) of Section 4-B of the said Act, make an application in Form "L" to the Inspector concerned for registration of his shop or commercial establishment. The application shall be signed by the owner and accompanied by a Treasury Challan/Bank Draft (crossed) in favour of the Inspector concerned in proof of payment of registration fee as specified below. The maximum number of employees employed in the shop or commercial establishment on any day during the financial year in respect of which the registration is sought will be taken into consideration for deciding the amount of fee leviable.

    Part I

    Sl. No. Category of shop Fee per financial year or part of the year Category of commercial establishment Fee per financial year or part of the year
    1 2 3 4 5
    Rs. Rs.
    1. With no employee 40 With no employee 80
    2. Employing 1 to 5 employees 200 Employing 1 to 5 employees 300
    3. Employing 6 to 10 employees 300 Employing 6 to 10 employees 400
    4. Employing 11 to 25 employees 500 Employing 11 to 25 employees 1000
    5. Employing more than 25 employees 1000 Employing more than 25 employees 2000

    Part II

    Sl. No. Rs.
    1. Commercial establishment which is used as theatre or cinema or for any other public amusement or entertainment or Barat Ghar or Guest houses 1000
    2. Hotel up to three-starred standard 2000
    3. Four or five-starred hotels or hotels of like standard 5000
    4. Any shop or commercial establishment having ownership of registered company employing 1 to 25 employees 1000
    5. Non-Banking Financial Institution/Adhisthan 2000]

    (3) If the Inspector concerned is satisfied about the correctness of the statement made in the application as provided in sub-section (2) of Section 4-B, he shall register the shop or commercial establishment in the register of shops or commercial establishments and issue a registration certificate in Form ''M''. The registration certificate shall, on demand, by the Inspector concerned be shown to him by the owner.

    1[(4) 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. The shops and commercial establishments which are run on yearly contract basis shall pay the prescribed fee for that financial year only for which the contract has been given.

    (5) Every registration certificate granted under Section 4-B or renewed under Section 4-C shall remain valid for such number of financial years, as it is registered or renewed for.

    (6) Amendment of Registration Certificate:- The owner shall communicate in Form ''N'' to the Inspector concerned any change in the name and address of the shop or commercial establishment, name or names of the employers or change in the number of employees within 15 days of the date of occurrence of such change together with registration certificate and Treasury Challan/Bank Draft (Crossed) for Rs. 5 in the case of a shop or commercial establishment having no employee and Rs. 10 in the case of others and the amount, if any payable as specified in sub-rule (1) above having regard to the increase in the number of employees. The inspector concerned after being satisfied about the correctness of the change, shall make necessary amendments in the register of shops or commercial establishments and in the registration certificate and issue a fresh registration certificate, if necessary]

    Footnote:

  4. Subs. by Notification. No. 1036(I)/XXXVI-3-712(S)-80, dt.20.8.1994 (w.e.f. 20.8.1994).

    (7) Renewal of registration certificate:- (i) Every application for renewal of a registration certificate may be made on plain paper stating therein the name of owner, name and address of shop/commercial establishment and number of employees, to the inspector concerned and shall be accompanied by the prescribed fee. The renewal of the registration certificate shall be in Form ''M''.

    (ii) The fee chargeable for renewal of a registration certificate shall be the same as for the grant thereof.

    1[(8) Late fee on application for Registration Certificate and its renewal:- If an application for registration of a shop or commercial establishment is not received within the period specified under sub-section (1) of Section 4-B of the Act or an application for renewal of the registration is not received within the period specified in sub-rule (7) such registration or renewal, as the case may be, shall be made only on the payment of a late fee at the rate of 12-1/2 per cent of the fee of registration or renewal, per month or part thereof, in addition to the prescribed fee. The late fee shall accompany the application.]

    (9) 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.

    Footnote:

  5. Subs. by Notification. No. 1036(I)/XXXVI-3-712(S)-80, dt.20.8.1994 (w.e.f. 20.8.1994).

    1[(10) Issue of duplicate copy of Registration Certificate:- 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 establishment:-

    (i) Without employee Rs. 5/-

    (ii) With employees Rs. 10/-

    Upon receipt of such application together with the fee, the Inspector concerned shall issue a duplicate copy of the registration certificate duly marked ''DUPLICATE'' in red ink.]

    (11) Payment of any fees under these rules through the Government Treasury or State Bank of India shall be credited under the Head of Account "0230--Labour and Employment--09--Shops and Commercial Establishments--Nibandhan Fees--800 Miscellaneous Receipts".

    (12) Closing down of shop or commercial establishment to be communicated to the Inspector concerned:- The owner shall, within 15 days of his closing down the shop or commercial establishment, notify such closure in writing to the Inspector concerned. On receipt of the information and having been satisfied that the shop or commercial establishment has actually been closed down, the Inspector concerned shall remove such shop or commercial establishment from the register of shops or commercial establishments and cancel the registration certificate. The registration fee/renewal fee shall, in no case, be refunded.

    (13) Display of the registration number in the shop or commercial establishment.--Every owner of the shop or...

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