LexThe UTTAR PRADESH DOOKAN AUR VANIJYA ADHISHTHAN ADHINIYAM, 1962
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act THE UTTAR PRADESH DOOKAN AUR VANIJYA
ADHISHTHAN ADHINIYAM, 19621
(U. P. Act No. XXVI of 1962)
Amended by
U. P. Act No. 54 of 1976
U. P. Act No. 35 of 1979
U. P. Act No. 29 of 2018
U. P. Act No. 18 of 2019
U.P. Act No. 12 of 2026
[Passed in Hindi by the Uttar Pradesh Legislative Council on
September 25, 1962 and by the Uttar Pradesh Legislative Assembly
on November 1, 1962 with amendments which was approved by the
Uttar Pradesh Legislative Council on November 5, 1962.
Received the assent of the President on December 18, 1962
under Article 201 of the Constitution of India and was published in
the Uttar Pradesh Gazette Extraordinary, dated December 26, 1962.]
AN
ACT
to consolidate and amend the law relating to the regulation of
conditions of work and employment in the shops and commercial
establishments
It is hereby enacted in the thirteenth year of the Republic of
India as follows ;
CHAPTER–I
PRELIMINARY
2[Short title
and extent]
1. (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[* * *]
Definitions 2. 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 ;
4[(1-A) ‘Chief Inspector’ means the Chief Inspector appointed
under section 29, and includes a Deputy Chief Inspector or Inspector
appointed Under that section ; ]
1. For Statement of Objects and Reasons, see U. P. Gazette Extraordinary, dated September 15, 1962.
2. Subs. by Sec. 2(a) of U.P. Act No. 12 of 2026
3. Omit. by Sec. 2(b) of U.P. Act No. 12 of 2026
4. Subs. by sec. 2 (i) of U. P. Act no. 54 of 1976.
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
(2) ‘child’ means a person who has not completed his
fourteenth year ;
(3) ‘close’ means not open within the meaning of clause (13) ;
1[(4) 'commercial establishment' means,—
(i) 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;
(ii) establishment of any medical practitioner (including
hospitals, dispensary, clinic, polyclinic, maternity home and
such others), architect, tax consultant or any other technical
or professional consultant, service providers or establishment
providing service platform and delivery services, etc.;
(iii) such other establishments as the State Government
may, by notification in the Official Gazette, declare to be a
commercial establishment for the purpose of this Act ;];
(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 ;
Act LXIII of
1948 (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 ;
2[(d) a person engaged through an outsourcing agency employed
to do any manual, unskilled, skilled, technical, operational or clerical
work for hire or reward, whether the terms of employment be express
or implied;]
(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 ;
1. Subs. by sec. 3(a) of U.P. Act no. 12 of 2026.
2. Ins. by sec. 3(b) of U.P. Act no. 12 of 2026.
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
Act LXIII of
1948 (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 dependent on him;
(10) “inspector” means an Inspector, Deputy Chief Inspector or
the Chief Inspector, appointed under section 29 of this Act ;
(11) “leave” means the 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 establish-
ment 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 services to customers,
and includes the business of a barber or hair-dresser, the sale 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 reasons of the
termination of his employment ; and
(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.
1. Ins. by sec. 2 (ii) of U. P. Act no. 54 of 1976.
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
The provisions
of the Act not
to apply to
certain
persons, shops
and
commercial
establishment
3. (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 percent
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 ;
1[* * *]
(f) members of the family of an employer2[;]
3[(g) shops or commercial establishment employing less
than twenty employees.] .
(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.
Powers of the
Government to
exempt any
class of shops
or commercial
establishment
from the
operation of
the Act
(3) 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.
Withdrawal of
exemption by
State
Government
(4) 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).
Savings 4. 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.
4[CHAPTER–I-A]
Registration of shops and Commercial Establishments
Register of
shops and
commercial
establishments
4-A. 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 different such registers may be maintained for
different areas and for different classes of shops and commercial
establishments.
1. Omit. by sec. 4(a) of U.P. Act no. 12 of 2026.
2. Subs. by sec. 4(b) of U.P. Act no. 12 of 2026.
3. Ins. by sec. 4(c) of U.P. Act no. 12 of 2026.
4. Ins. by sec. 3 of U. P. Act no. 54 of 1976.
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
Registration
1[4-B. (1) Every owner of a shop or commercial establishment,
where twenty or more employees are working, within six months
of the commencement of such business, shall submit an application
for registration of his shop or commercial establish-
ment on the departmental web-portal along with the necessary
documents.
If the nature of the shop or commercial establishment falls
under the regulatory domain of any department of the Central/State
Government, as the case may be, the applicant shall submit an
affidavit that he has/will comply with the rules, regulations,
notifications, guidelines issued or to be issued by the said department
or authority, if any, with the prescribed payment of fees.
If the application is complete and applicant is
eligible, automatic registration shall be granted
by the departmental web-portal and registration certificate shall be
sent to the applicant on his e-mail:
Provided that if the said registration is obtained by the
applicant by misrepresentation or concealment of facts or on the
basis of forged documents, such registration shall be deemed null
and void and may be cancelled by Registering Officer and legal action
may be taken against such applicant:
Provided further that the registration certificate issued under
this Section shall not be a proof of ownership of 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
prescribed on the departmental web-portal.].
Validity of
Registration
certificate
4-C.2“4-c- The registration certificate granted under section 4-
B shall be valid for the duration for which the shop and commercial
establishment is in existence.”
Duplicate
Registration
certificate
3[4-D. 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 OFBUSINESS
Hours of
business 5. (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 shop or commercial establishment, or for different areas, or for
different periods of the year.
1. Subs. by sec. 5 of U. P. Act no. 12 of 2026.
2. Subs. by sec. 2 of U. P. Act no. 18 of 2019
3. Ins. by sec. 3 of U.P. Act No. 35 of 1979.
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
(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.
Hours of
work and
overtime
1[6. (1) No employer shall require or allow an employee to
work on any day for more than,—
(a) six hours in the case of a young person; and
(b) nine hours in the case of any other employee:
Provided that any employee, not being a young person, may be
required or allowed to work in any shop or commercial establishment
for more than nine hours in any day subject to a maximum of forty-
eight hours in a week. Howsoever, that the total number of hours of
work including overtime shall not exceed eleven hours 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 one hundred and forty four hours in any
quarter.
Explanation: 'Quarter' means a period of three consecutive
months beginning on the 1st of January, the 1stof 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 (b) 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
nine working hours.].
Intervals for
rest and
spread over
of working
hours in a
day
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 :
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.
1. Subs. by sec. 6 of U.P. Act no. 12 of 2026.
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
CHAPTER–III
HOLIDAYS AND LEAVE
Close days 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.
(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 as 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).
Holidays 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 :
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.
Earned leave,
sickness
leave and
casual leave
10. (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.
14
[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
(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, 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.
(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) or (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 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.
Payment for
leave refused 11.(1) When earned leave is refused to an employee having to his
credit such leave for forty-five 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.
Wages for
holidays and
leave
12.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–IV
WAGE DEDUCTIONS AND NOTICES OF DISCHARGE
Wage period 13.(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 unveiled 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.
16
[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
Payment of
wages for the
period of
earned leave
14. (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.
Deductions
from wages 15. No deductions from the wages of an employee shall be
made except to such extent, and in such manner, as may be
prescribed.
Fines on
employees 16. 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.
Register of
fines 17. (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.
Recovery of
wages
Act IV of
1936
18. The wages of an employeeif 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 were wages payable under
that Act.
Discharge of
employee by
his employer
19. (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.
Termination
of
employment
by an
employee
20. (1) No employee, other than an employee engaged for a
specified period or in a leave vacancy, shall terminate his employment,
excerpt after notice of thirty days, or of such longer period, as may be
required under the terms of his employment.
18
[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
(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 –V
EMPLOYMENT OF CHILDREN AND WOMEN
Prohibition of
employment
of children
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.
Prohibition of
employment
of women
during night
1[22.Any employer, on beingsatisfied that the provision of
shelter, food canteen facility, rest room, night creche, ladies' toilets,
adequate protection of their safety, and their transportation from the
shop or commercial establishment to their respective residences exists
in his shop or commercial establishment, may, after obtaining the
consent of the women working in such shop or commercial
establishment, allow them to work between 7 p.m. and 6 a.m.]
Prohibition of
employ-ment
of women
during cer-
tain period
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.
Right of
absence
during
pregnancy
24. (1) A pregnant woman employee may, by seven clear days’
notice in 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 her delivery.
Maternity
leave
2[25. In case of pregnancy a woman employee, shall be entitled
to maternity benefit and maternity leave under The Maternity Benefit
Act, 1961.]
1. Subs. by sec. 7 of U. P. Act no. 12 of 2026.
2. Subs. by sec. 6 of U. P. Act no. 29 of 2018.
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
Maternity
benefit 26. 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 preceedding 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 therefor.
Intervals for
rest 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.
Prohibition of
discharge or
removal from
service during
or on account
of absence
from duty
owing to
confinement
28. (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 25.
(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.
Welfare
Provisions
1[28-A. (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.
(2) Every employer shall provide for male and female separate
latrine and urinal as may be prescribed which shall be so conveniently
situated as may be accessible to the workers employed in the shop or
establishment.
Provided that certain employers may provide common facilities
in case it is not possible in a shop or establishment due to constraint
of space or otherwise.
(3) In every shop or commercial establishment wherein twenty
or more woman workers 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 kilometer,
then, the same shall be permitted by the Inspector, by an order,
subject to such conditions as may be specified in the order.
1. Ins. by sec. 7 of U. P. Act no. 29 of 2018.
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
(4) Every employer shall provide at the place of work such first-
aid facilities as may be prescribed.
(5) The State Government shall require the employer to provide
and maintain in the shop or commercial establishment, wherein not
less than two hundred and fifty workers are employed or ordinarily
employed to maintain a canteen for the use of its workers :
Provided that if a group of shop s or commercial
establishments, so decide to provide a common canteen, then the
same shall be permitted by the Inspector by an order, subject to such
conditions as may be specified in the order.
(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.]1
2[(7) Every employer shall provide adequate sitting arrange-
ments for all employees obliged to work in a standing position.
(8) Every employer of a shop and commercial establish-
ment shall issue a letter of appointment to every employee on his/her
appointment in the shop and commercial establishment with
information such as employee's name, father's name, date of birth,
qualification (like skilled/unskilled/semi-skilled), name of the post,
salary/wages, mobile phone number, Aadhaar number, nature of the
post, etc.] .
CHAPTER –VI
ENFORCEMENT AND PENALTIES
Appointment
of inspectors 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.
Powers of the
inspectors to
enter, etc.
30. 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
contravention of any of the provisions of this Act or the rules made
thereunder.
Inspectors,
etc. to be
public
servants
31. 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.
1. Ins. by sec. 7 of U.P. Act No. 29, 2018.
2. Ins. by sec. 8 of U.P. Act no. 12 of 2026.
24
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
Maintenance
of registers
and records
by the
employers
32. An employer shall maintain such registers and records and
display such notices, as may be prescribed.
Contravention
of provisions 33. 1[(1) Any person, who contravenes, or fails to comply with
any of the provisions of this Act, or of the rules made thereunder,
other than those of sub-section (1) of section 20, shall be guilty of an
offence under this Act.
(2) The Inspector shall, before initiation of prosecution
proceeding for the offences under this Act except sub-section (1)
of Section 20, give an opportunity to the employer to comply with the
provisions of the Act by way of a fifteen days written improvement
notice, and, if the employer complies with the direction within such
period, the Inspector shall not initiate such prosecution proceeding
against the employer. No such opportunity shall be accorded to an
employer, if the violation of the same nature of the sections and rules
made under this Act is repeated within a period of five years from the
date on which such first violation was committed; and in such
case, the prosecution shall be initiated in accordance with the Act and
orders issued by the State Government from time to time.].
Offences by
companies,
etc.
34. (1) If the person committing an offence under this Act or
the rules made thereunder 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 ay 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 anybody corporate and includes a firm or
other association of individuals ; and
(b) “director” in relation to a firm is a partner in the firm.
Punishment 2[35.Any person guilty of an offence under this Act shall be
liable to fine which may, for the first offence, extend to two thousand
rupees and, for every subsequent offence, to ten thousand rupees.].
1. Renumbered as sub-section (1) thereof and after the sub-section as so renumbered, the sub-section (2)
inserted by sec. 9 of U.P. Act no. 12 of 2026.
2. Subs. by sec. 10 of U.P.Act no. 12 of 2026.
26
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
Limitation of
prosecution 36. (1) No court shall take cognizance of any offence under this
Act or the rules made thereunder, except on complaint in writing made
within six months of the date on which the offence is alleged to have
been committed.
Courts
empowered to
try offences
under this Act
(2) 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 the State Government in this behalf, compound any offence
punishable under this Act, either before after the institution of the
prosecution, on realization 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.]
CHAPTER –VII
MISCELLANEOUS
Protection of
action taken
under this
Act
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 thereunder.
Presumption 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.
Application of
Workmen’s
Compen-sation
Act and Rules
Act No. VIII,
1923
39. The provisions of the Workmen’s Compensation Act, 1923,
and of the rules made thereunder, shall, mutatis mutandis apply to
every employee of a shop or commercial establishment.
Rule-making
power 40. (1) The State Government 2[may 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 notices to be displayed by an employer ;
1 Ins. by sec. 8 of U. P. Act no. 35 of 1979.
2. Subs. by sec. 4 of U. P. Act no. 54 of 1976.
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
1 [(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) [ x x x]2
Repeal
U.P. Act XXII
of 1947
41. The United Provinces Shops and Commercial Establish-
ments Act, 1947, is hereby repealed.
------------
SCHEDULE I
[ See section 1(3) ]
PART A
All the provisions of this Act shall apply to the shops and commercial
establishments in the areas mentioned below :—
——————————————————————————————————--
Area in which all the
Name provisions of this
Act shall apply
——————————————————————————————————--
1. Agra . .
2. Allahabad . .
3. Bareilly . .
4. Kanpur . .
5. Dehra Dun . .
6. Jhansi . .
7. Meerut . .
8. Mussoorie . .
9. Mathura . .
10. Naini Tal . .
11. Sitapur . .
12. Rampur . .
13. Shahjahanpur . .
14. Varanasi . .
15. Lucknow . .
Municipal and Cantonment areas.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Municipal and Cantonment areas and
contiguous areas of Lanka, Vidyapith
Road, Bhojubir, Shivpur and Pandepur.
Municipal and Cantonment areas,
Charbagh, Alambagh, Notified area and
contiguous areas of Chandganj
1. Ins. by sec. 4 of U. P. Act no. 54 of 1976.
2. Omitted by sec. 4(iii) of U.P. Act no. 54, 1976.
30
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[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
——————————————————————————————————--
Area in which all the
Name provisions of this
Act shall apply
——————————————————————————————————--
16. Farrukhabad-cum-
Fatehgarh
17. Aligarh
18. Firozabad . .
19. Faizabad . .
20. Gorakhpur . .
21. Hapur . .
22. Hathras . .
23. Muzaffarnagar . .
24. Saharanpur . .
25. Gonda . .
26. Ghaziabad . .
27. Kaimganj . .
28. Mirzapur . .
29. Bulandshahr . .
30. Bara Banki . .
31. Banda . .
32. Hardoi . .
33. Jaunpur . .
34. Pilibhit . .
35. Orai . .
36. Bahraich . .
37. Sultanpur . .
38. Azamgarh . .
39. Etawah . .
40. Rae Bareli . .
41. Padrauna . .
42. Hamirpur . .
43. Basti . .
44. Mainpuri . .
45. Unnao . .
46. Pratapgarh . .
47. Deoria . .
Municipal and Cantonment areas
and contiguous areas of Lalbagh,
Barhpur, Nekpur and Bholopur.
Municipal areas
Municipal area.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
——————————————————————————————————
32
[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
——————————————————————————————————--
Area in which all the
Name provisions of this
Act shall apply
——————————————————————————————————--
48. Lakhimpur Kheri . .
49. Ghazipur . .
50. Bijnor . .
51. Fatehpur . .
52. Kannauj . .
53. Ballia . .
54. Chandausi . .
55. Kasganj . .
56. Bhadohi (Varanasi ) . .
57. Ramnagar (Naini Tal)
58. Haldwani . .
59. Shamli
(Muzaffarnagar) . .
60. Budaun . .
61. Shikohabad
(Mainpuri) . .
62. Kashipur (Naini Tal)
63. Mahoba (Hamirpur) . .
64. Moradabad . .
Municipal area
Ditto.
Ditto.
Municipal area and contiguous areas
of Collectorganj, Hariharganj,
Raibazar, Deviganj and Radhanagar.
Municipal area and contiguous areas
of Saraimeran and Mekrandnagar
Municipal area
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Municipal area and Railway
Settlement, Notified area, Railway
Station and the Railway Institute.
PART B
Sections 2, 3, 8, 9, 12, 13, 15, 19, 32, 33, 34, 35 and 40 shall
apply to all the shops and commercial establishments in the areas
mentioned below :
——————————————————————————————————--
Area in which the
Name said Sections
shall apply
——————————————————————————————————--
1. Roorkee . .
2. Khurja . .
Municipal and Cantonment areas.
Municipal area.
34
[The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962]
——————————————————————————————————--
Area in which the
Name said Sections
Excerpt shown. Open the full act in Lexace.