Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 [26 December 1962] CONTENTS CHAPTER 1 :- Preliminary 1. Short Title, Extent And Application 2. Definitions 3 . T he Provisions Of The Act Not To Apply To Certain Persons, Shops And Commercial Establishments 4. Savings CHAPTER 2 :- Hours of Business 5. Hours Of Business 6. Hours Of Work And Overtime 7. Intervals For Rest And Spread-Over Of Working Hours In A Day CHAPTER 3 :- Holidays and Leave 8. Close Days 9. Holidays 10. Earned Leave, Sickness Leave And Casual Leave 11. Payment For Leave Refused 12. Wages For Holidays And Leave CHAPTER 4 :- Wage Deductions and Notices of Discharge 13. Wage Period 14. Payment Of Wages For Period Of Earned Leave 15. Deductions From Wages 16. Fines On Employees 17. Register Of Fines 18. Recovery Of Wages 19. Discharge Of Employee By His Employer 20. Termination Of Employment By An Employee CHAPTER 5 :- Employment of Children and Women 21. Prohibition Of Employment Of Children 2 2 . Prohibition Of Employment Of Women And Children During Night 23. Prohibition Of Employment Of Women During Certain Period 24. Right Of Absence During Pregnancy 25. Maternity Leave 26. Maternity Benefit 27. Intervals For Rest 28. Prohibition Of Discharge Or Removal From Service During Or On Account Of Absence From Duty Owing To Confinement CHAPTER 6 :- Enforcement and Penalties 29. Appointment Of Inspectors 30. Powers Of The Inspectors To Enter, Etc 31. Inspectors, Etc. To Be Public Servants 32. Maintenance Of Registers And Records By The Employers 33. Contravention Of Provisions 34. Offences By Companies, Etc 35. Punishment CHAPTER 7 :- Miscellaneous 37. Protection Of Action Taken Under This Act 38. Presumption 39. Application Of Workmens Compensation Act And Rules 40. Rule-Making Power 41. Repeal SCHEDULE 1 :- Schedule I SCHEDULE 2 :- Schedule II Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 [26 December 1962] 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: 1. Received the assent of the President on 18.12.1962 and published in the U.P. Gazette, Extra. dt. 26.12.1962. CHAPTER 1 Preliminary 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. 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 a n 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; 2[(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. Footnotes: 1. Ins. by U.P. Act No. 54 of 1976 (w.e.f. 15.10.1976). 2. Ins. by U.P. Act No. 54 of 1976 (w.e.f. 15.10.1976). 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). 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 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: 1. Ins. by U.P. Act No. 54 of 1976 (w.e.f. 15.10.1976). 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. 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 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 2 Hours of Business 5. Hours Of Business :- (1) No shop or commercial establishment, not being a shop or commercial establishment mentioned in Schedule II, shall, on any day, open earlier, or close later than such hour as may be prescribed in this behalf. (2) Notwithstanding the provisions of sub- section (1), earlier opening, or later closing, hours may be prescribed for different classes of shops or commercial establishments, or for different areas, or for, different periods of the year. (3) The State Government may, at any time by notification in the Gazette, add to or remove from Schedule II, any class of shops or commercial establishments. 6. Hours Of Work And Overtime :- (1) No employer shall require or allow an 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: 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. Explanation "Quarter" means a period of three consecutive months beginning on the 1st of January, the 1st of April, the 1st of July or the 1st of October. (2) An employee, who has worked in excess of the hours of work fixed under clause (c) of sub-section (1), shall be paid by his employer, wages at twice the ordinary rate, for every overtime work. Explanation 1 For the purpose of this sub-section "ordinary rate" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to employees of food grains and other articles, as the employee is for the time being entitled to, but does not include bonus. Explanation 2 In calculating the wages payable to an employee for overtime work, a day shall be reckoned as consisting of eight working hours. 7. Intervals For Rest And Spread-Over Of Working Hours In A Day :- 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: Provided that the State Government may, in public interest and subject to such conditions as it may consider necessary or expedient, increase the said spread-over period either generally or for a class of shops or commercial establishments. CHAPTER 3 Holidays and Leave 8. Close Days :- (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. (2) The choice of a close day not being a close day which is a public holiday shall, subject to the approval of the authority appointed by the State Government in this behalf, rest with the employer. A notice specifying all close days shall be prominently displayed by the employer in a conspicuous place in the shop or commercial establishment. (3) The close day shall not be altered by the employer except once in a year and with the approval of the authority appointed under sub-section (2), to be obtained in the manner prescribed. Any such alteration shall take effect as from the first day of January of the year following: Provided that where the employers in one locality do not observe the same day of the week a s the close day, the authority appointed under sub-section (2) may, in the manner prescribed, fix a day as the close day for such locality:- Provided further that the authority may, on the written request of the majority of the employers in a locality, at any time after six months from the date on which a close day was earlier fixed, alter, with effect from a date to be specified by him, the close day, not being a close day which is a public holiday. Explanation Locality means any compact area declared as such by public notice by the authority appointed under sub-section (2). 9. Holidays :- 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: Provided that nothing in clause (ii) Shall apply to any employee whose total period of employment in the week including any day spent on leave or any holiday, is less than six days. 10. Earned Leave, Sickness Leave And Casual Leave :- (1) 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. (2) 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. (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. (4) Subject to the provisions of the rules made under this Act, all leave shall be granted when applied for. (5) 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. (6) In computing the period of continuous employment of an employee within the meaning of sub-section (1) o r (2), the period during which he has been on leave under this section shall be included. (7) Where the services of an employee are terminated by his employer, or where the employee terminates t h e 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. 11. Payment For Leave Refused :- (1) When earned leave is refused to an employee having to his credit such leave for 45 days, he shall be entitled, in respect of the period covered by the refusal, to an amount which would have been payable to him as wages for the period in case he had been on leave during that period. (2) The amount payable under sub- section (1) shall be in addition to the wages payable for the period. (3) On an employee receiving the said amount, the earned leave to his credit shall be reduced by the number of days in respect of which such amount is received. 12. Wages For Holidays And Leave :- For every holiday, and for each day of leave allowed under this Act, the employee 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. CHAPTER 4 Wage Deductions and Notices of Discharge 13. Wage Period :- (1) Every employer shall fix a period, hereinafter referred to as the wage period, at the expiry, and in respect of which wages shall be payable to his employees. (2) No wage period shall exceed one month. (3) The wages of every employee shall be paid within such period as may be prescribed. (4) The remuneration due to an employee in lieu of unavailed period of leave, and the wages earned by him, shall be paid-- (a) Where the termination of his employment is by or on behalf of the employer, before the expiry of the second working day after such termination; and (b) Where the termination of his employment is by the employee, on or before the next pay day. 14. Payment Of Wages For Period Of Earned Leave :- (1) An employee proceeding on earned leave shall, on demand, be given advance payment of the wages for half the period of the leave, and the wages for the wage period immediately preceding such leave. The wages for the remaining half period of such leave shall be payable to him along with the wages for the first wage period after he resumes duty. (2) The wages for the period of sickness leave shall be payable to the employee along with his wages for the first wage period after he resumes duty. 15. Deductions From Wages :- N o deductions from the wages of an employee shall be made except to such extent, and in such manner, as may be prescribed. 16. Fines On Employees :- No fines in excess of three per cent of the wages payable to an employee for any wage period shall be imposed on him by the employer. 17. Register Of Fines :- (1) The employer shall maintain a register in the prescribed form, wherein shall be entered all fines imposed and recoveries thereof. (2) Fines recovered from employees shall be applied only to such purposes as may be beneficial to them and approved by the authority empowered in this behalf by the State Government." 18. Recovery Of Wages :- The wages of an employee, if not paid as provided by or under this Act, shall be recoverable in the manner provided in the Payment of Wages Act, 1936, as if the same wages were payable under that Act. 19. Discharge Of Employee By His Employer :- (1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall be discharged from service by his employer except on the ground that-- (a) The post held by him has been retrenched; or (b) He is unfit to perform his duties on the ground of physical infirmity or continued ill-health, and he has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than thirty days, or such longer period as may be required under the terms of employment: Provided that the notice of discharge may be of a shorter period if the same is accompanied with payment of wages to the employee for the number of days the notice is short of the required period. (2) Nothing in sub-section (1) shall apply to dismissal for misconduct. 20. Termination Of Employment By An Employee :- (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 b e required under the terms of his employment. (2) Where an employee fails to comply with the provisions of sub-section (1), his unpaid wages for a period not exceeding fifteen days may be forfeited to his employer. CHAPTER 5 Employment of Children and Women 21. Prohibition Of Employment Of Children :- 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. 22. Prohibition Of Employment Of Women And Children During Night :- 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. 23. Prohibition Of Employment Of Women During Certain Period :- 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. 24. Right Of Absence During Pregnancy :- (1) A pregnant woman employee may, by seven clear days notice i n writing, require her employer to relieve her from duty for a period not exceeding six weeks preceding the expected date of delivery. (2) On receipt of the notice, the employer shall, subject to the provisions of sub-section (3), permit such employee to remain absent from duty for a period of six weeks ending with the expected date of her delivery. (3) (a) On receipt of the notice, the employer may require such employee to be examined at his cost by a lady doctor, if she so desires, or, otherwise, by any qualified medical practitioner or a midwife. (b) If the woman employee: (i) Refuses to submit herself to medical examination, or (ii) On such examination is found not pregnant, or not likely to be delivered of a child within six weeks of the date from which permission for absence from duty is desired, The employer may refuse to relieve her from duty, so however that the employee, if found pregnant, shall be allowed to remain absent from duty for a period of six weeks prior to the expected date of the delivery. 25. Maternity Leave :- 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. 26. Maternity Benefit :- 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 period of:- (a) Six weeks immediately preceding the day of delivery; and (b) Six weeks following the day 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 there for. 27. Intervals For Rest :- 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. 28. Prohibition Of Discharge Or Removal From Service During Or On Account Of Absence From Duty Owing To Confinement :- (1) No employer shall discharge or remove from service any woman employee on account of, or during the period of, absence from duty allowed to her under Section 26. (2) No woman employee shall, as a result of her discharge or removal from service within six months of the day of her delivery, be deprived of the maternity benefits, which she would have, but for the discharge or removal, been entitled to, if the same is held by the Inspector to be without sufficient cause. CHAPTER 6 Enforcement and Penalties 29. Appointment Of Inspectors :- T h e 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. 30. Powers Of The Inspectors To Enter, Etc :- Subject to such conditions as may be prescribed, 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. The Inspector may take with him such persons to assist him as he may consider necessary, and the owner or the occupant, for the time being, of the place shall allow them to enter and examine the said registers, records or documents. The Inspector may seize such of them as he may require for the purpose of proving the contravention of any of the provisions of this Act or the rules made there under. 31. Inspectors, Etc. To Be Public Servants :- The Chief Inspector, the Deputy Chief Inspector and every Inspector appointed under Section 29, shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code. 32. Maintenance Of Registers And Records By The Employers :- An employer shall maintain such registers and records and display such notices, as may be prescribed. 33. Contravention Of Provisions :- Any person, who contravenes, or fails to comply with any of the provisions of this Act, or of the rules made there under, other than those of sub-section (1) of Section 20, shall be guilty of an offence under this Act. 34. Offences By Companies, Etc :- (1) If the person committing an offence under this Act or the rules made there under is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation For the purposes of this section:- (a) "Company" means any body corporate and includes a firm or other association of individuals, and (b) "Director" in relation to a firm is a partner in the firm. 35. Punishment :- Any person guilty of an offence under this Act shall be liable to fine which may, for the first offence, extend to one hundred rupees and, for every subsequent offence, to five hundred rupees. 36. Limitation of prosecution. (1) 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. (2) Courts empowered to try offences under this Act.--No Court inferior to that of a Magistrate of the Second Class shall try any offence under this Act, or the rules made thereunder. 1[(3) The Chief Inspector may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act, either before or after institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded-- (i) Before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (ii) After the institution of the prosecution, the composition shall amount to acquittal of the offender.] Footnote:- 1. Ins. by U.P. Act No. 35 of 1979. CHAPTER 7 Miscellaneous 37. Protection Of Action Taken Under This Act :- 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. 38. Presumption :- 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. 39. Application Of Workmens Compensation Act And Rules :- The provisions of the Workmens Compensation Act, 1923, and of the rules made there under, shall mutatis mutandis apply to every employee of a shop or commercial establishment. 40. Rule-Making Power :- (1) The State Government may 1[by notification] make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, the State Government may make rules regarding all or any of the following matters, namely-- (a) The registers and records to be maintained by an employer; (b) The notice to be displayed by an employer; 2[(b-1) the form of register of shops and commercial establishments under Chapter 1-A; (b-2) the fees for registration, for renewal of registration certificate and for issue of duplicate registration certificate under Chapter 1-A; (b-3) the form of registration certificate under Chapter 1-A;] (c) Deductions that may be made from the wages of an employee; (d) Fines and dismissals; (e) Regulating the grant of casual leave and the payment of wages for the period of such leave; (f) Regulating the grant of other leave; (g) Maternity benefits and their payment; (h) Matters which are to be, or may be prescribed under this Act. (3) The rules made under this section shall be subject to the condition of previous publication. (4) [* * *]3 Footnotes: 1. Ins. by U.P. Act No. 54 of 1976. 2. Clauses (b-1 to b-3) ins. by U.P. Act No. 54 of 1976. 3. Omitted by U.P. Act No. 54 of 1976. 41. Repeal :- The United Provinces Shops and Commercial Establishments Act, 1947, is hereby repealed. SCHEDULE 1 Schedule I [See Section 1(3) Part A Names Areas in which all the provisions of this Act shall apply 1 2 3 1. Agra Municipal and Cantonment Areas. 2. Allahabad Ditto. 3. Bareilly Ditto. 4. Kanpur Ditto. 5. Dehra Dun Ditto. 6. Jhansi Ditto. 7. Meerut Ditto. 8. Mussoorie Ditto. 9. Mathura Ditto. 10. Naini Tal Ditto. 11. Sitapur Ditto. 12. Rampur Ditto. 13. Shahjahanpur Ditto. 14. Varanasi Municipal and Cantonment Areas and contiguous areas of Lanka, Vidyapith Road. Bhojubir, Shivpur and Pandepur. 15. Lucknow Municipal and Cantonment Areas, Charbagh. Alambagh Notified area and contiguous areas of Chandganj-Kalan, Alambagh and Mawaiya. 16. Farrukhabad-cum- Fatehgarh Municipal and Cantonment Areas and contiguous areas of Lalbagh, Barhpur, Nekpur and Bholepur. 17. Aligarh Municipal Area. 18. Firozabad Ditto. 19. Falzabad Ditto. 20. Gorakhpur Ditto. 21. Hapur Ditto. 22. Hathras Ditto. 23. Muzaffarnagar Ditto. 24. Saharanpur Ditto. 25. Gonda Ditto. 26. Ghaziabad Municipal Area 1[and to the area of the Railway Station, Ghaziabad, as described in the Schedule below: Schedule Area within the following boundaries:- East: - Railway cabin West:-Railway cabin North: - Gate adjoining Municipal Area where there is Rickshaw-Tonga stand. South: - Police post of the G.R.P. and the place from where boundaries of Bhood and Sunderpuri Mohallas begin.] 27. Kaimganj Municipal Area 28. Mirzapur Ditto. 29. Bulandshahr Ditto. 30. Bara Banki Ditto. 31. Banda Ditto. 32. Hardoi Ditto. 33. Jaunpur Ditto. 34. Pilibhit Ditto. 35. Orai Ditto. 36. Bahraich Ditto. 37. Sultanpur Ditto. 38. Azamgarh Ditto. 39. Etawah Ditto. 40. Rai Bareli Ditto. 41. Padrauna Ditto. 42. Hamirpur Ditto. 43. Basti Ditto. 44. Mainpuri Ditto. 45. Unnao Ditto. 46. Pratapgarh Ditto. 47. Deoria Ditto. 48. Lakhimpur-Kheri Ditto. 49. Ghazipur Ditto. 50. Bijnor Ditto. 51. Fatehpur Municipal Area and contiguous areas of Collectorganj, Hariharganj, Railbazar, Deviganj and Radhanagar 2[contiguous areas of Shadipur and Pucca Talab of Fatehpur.] 52. Kannauj Municipal Area and contiguous areas of Saraimeeran and Makrandnagar. 53. Ballia Municipal Area. 54. Chandausi Ditto. 55. Kasganj Ditto. 56. Bhadohi (Varanasi) Municipal Area. 57. Ramnagar (Naini Tal) Ditto. 58. Haldwani Ditto. 59. Shamli (Muzaffanagar) Ditto. 60. Budaun Ditto. 61. Shikohabad (Mainpuri) Ditto. 62. Kashipur (Naini Tal) Ditto. 63. Mahoba (Hamirpur) Ditto. 64. Moradabad Municipal Area and Railway Settlement, Notified Area, Railway Station and Railway institute, 65. Etah Municipal Area.] 66. Maunath Bhanjan Municipal Area.] 67. Roorkee (Saharanpur District) Municipal and Cantonment Areas of Roorkee (Saharanpur District.)] 68. Khatauli (Muzaffanagar) Municipal Area.] 69. Uttar Kashi Municipal Area.] 70. Bisauli (Budaun) Town Area.] 71. Bilsi (Budaun) Municipal Area.] 72. Hydergarh (Bara Banki) Town Area.] 73. Kirawali (Dist. Agra) Town Area.] Part B Sections 2, 3, 8, 9, 12, 13, 15, 19, 12[30], 32, 33, 34, 35, 13[36, 38, 39] and 40 shall apply to all the shops and commercial establishments in the areas mentioned below: S. No. Names Areas in which the said section shall apply 1 2 3 1. Roorkee Municipal and Cantonment Areas, 2. Khurja Municipal Area. 3. Hardwar Ditto. 4. Balrampur (Gonda) Ditto. 5. Maunath Bhanjan Municipal Area. 6. Tilhar Ditto. 7. Nagina Ditto. 8. Najibabad Ditto. 9. Deoband (Saharanpur) Ditto. 10. Shahabad (Hardoi) Ditto. 11. Panditwari (Dehar Dun) Ditto. 12. Jalaun Ditto. 13. Amethi Ditto. 14. Karvi (Banda) Ditto. 15. Moghalsarai Ditto. 16. Tanda (Faizabad) Ditto. 17. Gaura Barhaj (Deoria) Ditto. 18. Katrana (Muzaffarnagar) Ditto. 19. Baraut (Meerut) Ditto. 20. Vrindaban (Mathura) Ditto. 21. Mawana (Meerut) Ditto. 22. Jalalpur (Faizabad) Ditto. 23. Kotdwar (Garhwal) Ditto. 24. Etah Ditto. 25. Lalitpur (Jhansi) Ditto. 26. Mauranlpur (Jhansi) Ditto. 27. Sambhal (Moradabad) Ditto. 28. Amroha (Moradabad) Ditto. 29. Chandpur (Bijnor) Ditto. 30. Almora Ditto. 31. Bisalpur (Pilibhit) Ditto. 32. Biswan (Sltapur) Ditto. 33. Gola Gokarannath (Kheri) Ditto. 34. Konch (Jalaun) Ditto. 35. Kalpi (Jalaun) Ditto. 36. Khatauli (Muzaffarnagar) Ditto. 37. Auraiya (Etawah) Ditto. 38. Dhampur (Bijnor) Ditto. 39. Slkandrabad (Bulandshahr) Ditto. 40. Rishikesh (Dehra Dun) Ditto. 41. Ujhani (Budaun) Municial Area. 42. Bharthana (Etawah) Town Area. 43. Rasra (Ballia) Notified Area. 44. Shahganj (Jaunpur) Ditto. 45. Chibramau (Farrukhabad) Town Area. 47. Pilkhwa (Meerut) Municipal Area. 48. Mangalore (Saharanpur) Municipal Areas.] 49. Robertsganj (Mirzapur)] 50. Kosi-Kalan (Mathura) Municipal Areas.] 51. Chunar (Mirzapur) Village Tikaur and the road from Chunar Railway Cabin (West) to Chunar Town.] 52. Gosainganj (Lucknow) Town Area.] 53. Lakhna (Etawah) Town Area.] 54. Mehmudabad (Sitapur) Town Area.] Part C All the provisions of this Act shall apply to commercial establishments of all the cane co-operative societies in the State. Part D All the provisions of this Act shall apply to those employees of vacuum pan sugar factories in the State to whom the provisions of the Factories Act, 1948, do not apply. 1. Ins. by Noti. No. 356-(LL)/36-B-47-(LL)-62, dt. 18.02.1963 (w.e.f. 18.02.1963). 2. Added by Noti. No. 2764-(LL) (iv)/XXXVI (D)-47-(LL)-1962, dt. 08.12.1964. 3 . Added by Noti. No. 2324-(LL) (i)/36-B- 47-(LL)-62, dt. 25.07.1963 (w.e.f. 25.07.1963). 4. Added by Noti. No. 2764-(LL) (iv)/XXXVI (D)-47-(LL)-1962, dt. 08.12.1964. 5. Added by Noti. No. 1252-(A)/36-(D)-340-(LL)- 65, dt. 05.06.1969. 6. Added by Noti. No. 522(v)/XXXVI-5-556-(V)-73, dt. 15.04.1975. 7. Added by Noti. No. 4997(v)/36-3-717(S)-76, dt. 10.02.1977. 8. Added by Noti. No. 5700(v)/36-3-721 (S)-76, dt. 07.04.1977. 9. Added by Noti. No. 5700(v)/36-3-721 (S)-76, dt. 07.04.1977. 10. Added by Noti. No. 680(v)/36-3-701 (V)-72, dt. 26.04.1978. 11. Added by Noti. No. 936/XXXVI-3-12(S)-85, dt. 07.03.1992. 12. Added by Noti. No. 2324-(LL) (ii)/36-B-47-(LL)-62, dt. 25.07.1963. 13. Added by Noti. No. 2324-(LL) (ii)/36-B-47-(LL)-62, dt. 25.07.1963. 14. Added by Noti. No. 2324-(LL) (ii)/36-B-47-(LL)-62, dt. 25.07.1963. 15. Ins. by Noti. No. 2764-(LL)(ii)/36-(D)-47-(LL)-62, dt. 08.12.1964. 16. Added by Noti. No. 1335-(LL)/36-(D)-47-(LL)-62, dt. 16.02.1967. 17. Ins. by Noti. No. 718-(A)/XXXVI-D-340(A)-65, dt. 15.10.1968. 18. Added by Noti. No. 612(v)/36-5-566(V)-73, dt. 01.04.1975. 19. Added by Noti. No. 1107(v)/36-5-566(V)-73, dt. 22.05.1975. 20. Added by Noti. No. 1201(v)/36-5-566(V)-73, dt. 19.04.1976 SCHEDULE 2 Schedule II (Shops and Commercial Establishments To Which The Provisions Of Sections 5 And 8 Shall Not Apply) 1. Shops and commercial establishments exclusively or mainly dealing in meals, refreshments, newspapers and periodicals, medicines, medical and surgical appliances, vegetables, sweet-meats, milk, cooked food, flowers, pan (betel leaves and nuts), meat, poultry, game, eggs, ice, fresh fruits and green fodder. 2. Cinemas, theatres and other places of public amusement or entertainment. 3. Clubs and residential hotels. 4. Stalls and refreshment rooms at railway stations. 5. Shops for the sale of motor spirit and motor or aircraft spares and accessories. 6. Shops and establishments of barbers and hairdressers. 7. Government licensed shops or establishments dealing in spirituous liquors or narcotic drugs. 8. Such shops dealing exclusively or mainly in material needed for burial, funeral and cremation purposes, as may be notified by the Collector in the manner prescribed. 9. Shops exclusively or mainly dealing in the business of hire of petromax, bands and loudspeakers required for marriages and other ceremonial occasions. 10. Shops in any exhibition, public show, fairs or bazars run for charitable purposes. 11. Transport services. 12. Electric and water-supply undertakings. 13. Shops dealing exclusively or mainly in repairs of cycles, rickshaws, tonga, ekka and bullock-cart. 1[14. Shops and commercial establishments which are not related to manufacturing process but which are, exclusively or mainly dealing in electronic transaction processing, internet and voice customer care service, call centres, software designing and developments, Cyber cafe/Kiosk, P.C.O., Fax and E-mail services.] 2[15. Multiplexes, Shopping Complexes.] 3[16. Convenience stores.] Footnotes:- 1. Added by Noti. No. 3500/36-3-2000-1-99, dt. 22.12.2000. 2. Added by Noti. No. 1539/XXXVI-3-04(DV.)-99, dt. 1.6.2004. 3. Added by Noti. No. 1538/XXXVI-3-04(DV)-99, dt. 1.6.2004.