The UTTAR PRADESH DOOKAN AUR VANIJYA ADHISHTHAN ADHINIYAM, 1962

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THE UTTAR PRADESH DOOKAN AUR VANIJYA
ADHISHTHAN ADHINIYAM, 19621
[U. P. ACT NO. XXVI OF 1962]

[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 amendment s
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
Short title,
extent and
application

1. (1) This Act may b e called the Uttar Pradesh Dookan aur Vanijya Adhishthan
Adhiniyam, 1962.
(2) It extends to the whole of Uttar Pradesh.
(3) The provisions of t his Act referred to in Sched ule I shall, in the areas
mentioned in the said Sched ule, apply to the extent speci fied 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.

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 with-out wages, by an employer in
any trade or calling ;
[(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
(2) 'child' means a person who has not completed his fourteenth year ;
(3) 'close' means not open within the meaning of clause (13) ;

------------------------------------------------------------------------------------------
1. For Statement of Object and Reasons, see U. P. Gazette, extraordinary dated
September 15, 1962.
2. Added by section 2 (1) of U.P. Act No. 54 of 1976

[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 2]
Act LXIII of
1948
(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
connexion with, or in cidental or ancillary thereto, is carried on for profit and
includes a premises wh erein journalistic or printing work, or business of
banking, insurance, s tocks 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 Ac t, 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 connexion with any trade, business or manufacture carr ied
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 manufac ture 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 in clude 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 wi th wa ges 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, norm ally
carried on in the Shop or commercial establishment ;

[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 3]
[(13A) ‘Owner’, in relation to a shop or commercial establishment includes a
person who runs or is incharge of such shop or commercial establishment;]1
(14) "prescribed" means prescribed by the rules made under this Act ;
(15) "reta il trade or business" means the business of sale of goods in small
quantities and the rendering of services to custo mers, and includes the
business of a barber or hair -dresser, the sale of cooked food, refreshment s or
intoxicating liquors and retail sale by auction ;
(16) "shop" means any premi ses where any wholesale or reta il 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 connexion with such trade or business;
(17) "State” means the state of Uttar Pradesh ;
(18) "wages" means all remuneration (whether by way of salary, allowances o r
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 paya ble to t he 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 co mpleted his
seventeenth year.

The provisions
of the Act not
to apply to
certain persons,
shops and
commercial
establishments
3. (1) The provisions of this Act shall have no application to---
(a) employees occupying positions of confidential, managerial or
supervisory charact er 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 sh all not exceed ten per cent of t he total
number of employees thereof ;
(b) employees whose work i s inherently intermittent , as in the case of a
traveler or canvasser ;
(c) offices of Government or local authorities ;
(d) offices of the Reserve Bank of India ;

1. Added by section 2 (ii) of U.P. Act No. 54 of 1976
[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 4-6]
(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 referr ed to in clause (a) of sub -section (1) shall be
displayed at a conspicuous place in the shop or commercial establishme nt and
a copy thereof shall be sent to the Inspector concerned.
Powers of the
Government to
exempt any
class of shops or
Commercial
establishments
from the opera -
tion of the Act
(3) The State Government may, in public interest, by notifi cation in the Gazette,
exempt, subject to such condit ions 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 pa rt, permanently, or for such period as may be specified, a ny
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 t o
apply to him, under any l aw, award, agreement, contract, cus tom or usage, in
force on that date.

[CHAPTER I-A
Registration of shops and Commercial Establishments
Register of
shops and
commercial
establishments
4-A The Chief Inspec tor shall maintain in such form and con taining such
particulars as may be prescr ibed, a register of all shops and commercial
establishments, to which this Act applies :
Provided that different such re gisters may be maintained for different
areas and for different classes of shops and commercial establishments.

Registration 4-B (1) Every owner of a shop or commercial establishment shall within three months
of the com mencement of such business or within three months of the
commencement of the Uttar Pradesh Dookan Aur Van ijya Adhisthan
(Sansodhan) 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 b eing satisfied that the prescribed fee has been
deposited, register the shop or commercial establish ment 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.

Term and
renewal of
registration
certificate
4-C The registration certificate granted under section 4 -B shall be valid for such
period as may be presc ribed, and shall on an appli cation being made in that
behalf and u pon payment of the prescribed fees, be renewable from time to
time by the Chief Inspector for such further period as may be prescribed.
[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 4D-6]
Duplicate
Registration
certificate
4-D When a registration certificate is lost, destroyed or torn, or is defaced or
otherwise becomes illegibl e, the Chief Inspector shall in the manner
prescribed and on payment o f the prescribed fee, issue a duplicate registration
certificate.]1

CHAPTER II
HOURS OF BUSINESS
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 th e provisions of sub-section (1), earlier opening, or later
closing, hour’s party be prescribed fo r 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 shop or commercial establishments.

Hours of work
and overtime
6. (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 or 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 employ er wages at twice the
ordinary rate, for every hour of such overtime work.
Explanation 1--- For the purposes of this sub-section, ordinary rate means the basic
wages plus such allowances (including the cash equivalent of the
advantage accruing through the concessiona l sale to employees of
foodgrains and other art icles), as the employee is for t he 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.

1. Added by section 3 of U.P. Act No. 54 of 1976
[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 7-9]

Intervals for
rest and spread
over of
working hours
in a day
7. The wo rking hours in a sh op or commercial establishment shall be so
arranged that each employee gets an interval of not less. than h alf an hour for
rest after n ot more than five hours of con tinuous work, and the periods of
work and intervals of rest of an employee do not sprea d over mor e than
twelve hours in one day;
Provided that the State Government may, in public interest and subje ct
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 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 years 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 conspicuo us
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 alter ation shall take effect a s
from the first day of January of the year following :
Provided that where the employers in one localit y do not observe' the
same day of t he week as the close day, the authorit y appointed under sub -
section (2) may, in the mann er prescribed; fix a day as, t he close day for such
locality :
Provided further that the authorit y may, on the written request of the
majority of the employers in a lo cality, at anytime 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.
[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 10-12]
Earned leave,
sickness leave
and casual
leave
10. (1) Every employee, who has been in continuous employment of the Same
employer fo r 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 prescribe d, be further entitled to sick ness leave for not less than
fifteen days in anyone 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 anyone calendar year.
(4) Subject to the provisions of th e rules made under this Act, all leave shall be
granted when applied for.
(5) Any earned leave not ava iled of in any year by an emplo yee shall be added to
such leave accruing to the employee in the year following:
Provided that the total period of earned leave admissible to all
employees 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 he 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 em ployee having to his credit s uch 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 th e 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 ever y holiday, and for each day of l eave 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.

[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 13-18]
CHAPTER IV
WAGE DEDUCTIONS AND NOTICES OF DISCHARGE
Wage period

13. (1) Every employer shall fix a period, (hereinafter referred to as the wages 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.

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 Wi th the wages for the
first wage period after he resumes duty.
(2) The wages f or 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.

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 empower in this behalf by
the State Government.

Recovery of
wages

Act IV of 1936
18. The wages of an employee if not paid as provided by or un der 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.

[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 19-24]
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 phys ical 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 employ ment except after notice of thirty
days, or of such longer period, as ma y be 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 Period not exceeding fif teen days may be forfeited to his
employer.

CHAPTEER-V
EMPLOYMENT OF CHIDREN 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 e mployment as may be notified
by this, State Government in the Gazette.
Prohibition of
employment of
women and
children during
night

22. No woman or child shall be required, or allowed , to work, wheth er as an
employee or otherwise in any shop or commercial establishment during night.
Prohibition of
employment
of women
during certain
period

23. No employer shal l 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 pregnan t woman employee may, by seven clear days not ice 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.
[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 25-28]
(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 refu se 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

25. The periods of absence from duty in respect of which a woman employ ee is
entitled to maternity benefits under section 26 of this Act, shall be treated as
authorized absence from duty, and the woman employee shall be enti tled to
maternity benefits, but not to any wages, for any of these periods.

Maternity
benefit

26. Every woman employee who has been; for a period of not less than six
months preceding th e 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 recei ve 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 empl oyee shall be entitled to receive such benefits
for a day during o n of the aforesaid periods, on Vehicle 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 i ntervals of rest, be entitled t o two breaks of half a n
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 sh all, as a result of her dischar ge 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.

[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 29-34]
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 believ e
to be, a shop or commercial establishment, for the purpose of examining the
registers, records or other document 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
Act XLV of
1960

31. The Chief Inspect or, the Deputy Chief Inspector and every Inspector
appointed under section 29, shall be deemed to be to public servant within the
meaning of section 21 of the Indian Penal Code.
Maintenance
of regis ters
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. 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.

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 t he
commission of the offence, shall be deemed to be guilty of the offe nce and
shall be liable to be proceeded against and punished accordingly :
Provided that, nothing contained in this sub -section shall ren der any
such person liable to any punishment if he proves that the offence was
committed without his knowledge or that he e xercised 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 office r of the company, such director , manager,
secretary or other officer shall also be deemed to be g uilty of that offence and
shall be liable to be proceeded against and punished accordingly.

[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 35-40]
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.

Punishment

35. Any person guilty of an offence under this Act shall be liable to fine which
may, for the first offence, e xtend to one hundred rupees and, for every
subsequent offence, to five hundred rupees.

Limitation of
prosecution

courts
empowered to
try offences
under this Act
36. (1) No court shall take cognizance of any offence under this A ct 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.
(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.

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 t o 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 i n the sh op or commercial
establishment.

Application of
Workmen's
Compensation
Act and Rules
Act No. 8,
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 [may by notification make rules ]1 to carry o ut the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers,
the State Government m ay 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. Substituted by section 4 (i) of U.P. Act No. 54 of 1976.
[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Section 41-Schedule 1]
[(b-1) the form of register of sho ps and commercial establish ments
under Chapter I-A;
(b-2) the fees for registration, for renewal of registration certificate
and for issue of duplicate registration certificate under Chapter I-A;
(b-3) the form of registration certificate under Chapter I-A;]1
(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) [* * *]2

Repeal
U.P. Act XXII
of 1947
41. The United Provin ces Shops and Commercial Establishments Act, 1947, is
hereby repealed.
SECHDULE I
See section I (3)
Part A
All the provisions of this Act shall apply to the shops and commercial
establishments in the areas mentioned below :-
Name Area in which all the 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
Municipal and Cantonment areas.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Municipal and Cantonment areas.
Ditto.
Ditto.
Ditto.
Ditto.

1. Substituted by section 4 (ii) of U.P. Act No. 54 of 1976.
2. Omitted by section 4 (iii) of ibid.
[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Schedule 1]

Name Area in which all the provisions of this act
shall apply
l4. Varanasi

15. Lucknow

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
48. Lakhimpur Kheri
49. Ghazipur
50. Bijnor
51. Fatehpur

52. Kannauj

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- Kalan, Alambagh and Mawaiya.

Municipal and Cantonment areas and contiguous
areas of Lalbagh, Barhpur, Nekpur and Bholepur.

Municipal area.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
D:tto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto
Ditto.
Ditto.
Ditto
Ditto
Ditto
Ditto
Municipal area
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Municipal area and contiguous areas of
Colleotorganj, Hariharganj, Railbazar, Deviganj and
Radhanagar .
Municipal area and contiguous areas of Saraimeran
and Mekrandnagar.
[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Schedule 1-Part B]
Name Area in which all the provisions of this act shall
apply
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.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Municipal area and Railway Settlement, Notified
area, Railway Station and the Railway Institute.

Part B

Section 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:

Name

Area in which the said sections shall apply
1. Roorkee
2. Khurja
3. Hardwar
4. Balrampur(Gonda)
5. Maunath Bhanjan
6. Tilhar
7. Nagina
8. Najibabad
9. Deoband(saharanpu
r)
10. Shahabad (Hardoi)
11. Panditwari
(Dehradun)
12. Jalaun
13. Amethi
14. Karvi(Banda)
15. Moghalsarai
16. Tanda(Faizabad)
17. Gaura barhaj
(Deoria)
18. Kairana
(Muzaffaranagar)
19. Baraut (Merut)
20. Vrindaban
(Mathura)
21. Mawana (Meerut)
Municipal and Cantonment areas.
Municipal area.
Ditto.
Ditto.
Ditto.
Ditto.
Municipal area
Ditto.
Ditto.
Ditto.
Ditto.

Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.

Ditto.

Ditto.
Ditto.

Ditto.

[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Part C-D]
22. Jalalpur (Faizabad)
23. Kotdwara
(Garhwal)
24. Etah
25. Lalitpur(Jhansi)
26. Mauranipur
(Jhansi)
27. Sambhal
(Moradabad)
28. Amroha
(Moradabad)
29. Chandpur (Bijnor)
30. Almora
31. Bisalpur(Pilibhit)
32. Biswan (Sitapur)
33. Gola Gokarannath
(Kheri)
34. Konch (Jalaun)
35. Kalpi (Jalun)
36. Khatauli
(Muzaffarnagar)
37. Auraiya (etawah)
38. Dhampur (Bijnor)
39. Sikandrabad(Bulan
dshahr)
40. Rishikesh (Dehra
dun)
41. Ujhani (Budaun)
42. Bharthana
(Etawash)
43. Rasra (Ballia)
44. Shahganj (Jaunpur)
45. Chibramau(Farrukh
abad)
46. Modinagar(Meerut)
Ditto.
Ditto.

Ditto.
Ditto.
Ditto.

Ditto.

Ditto

Ditto.
Ditto.
Ditto.
Ditto.
Ditto.

Ditto.
Ditto.
Ditto.

Ditto.

Ditto.
Town area

Notified area
Ditto.
Town area.

Ditto.

Part C

All the provisions of this Act shall apply to those employees of vacuum
pan sugar factories in the State to whom the Provisions Factories Act, 1948, do not
apply.

Part D
All the provisions of this Act shall apply to commercial establishments of
all the cane co-operative societies in the State.
[The Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962] [Schedule 2]
SCHEDULE II

(Shops and commercial establishments to which the provisions of actions 5 and
8 shall not apply)

1. Shops and commercial establishments exclusively or mainly dealing in meals,
refreshments, ne wspapers and periodicals, medi cines, medical and surgical
appliances, vegetables, sweetmeats, milk, cooked food, flowers, pan (betel leaves and
nuts), meat, fish, 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 hair dressers.

7. Government licensed shops or establishments dealing in spirituous liquors or narcotic
drugs.

8. Such shops dealing excl usively 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 patromax, 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 cyc les, rickshaws, tonga, ekka and
bullock-cart.

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