Uttar Pradesh Shop and Commercial Establishment Act, 1962

Narendra Kumar

01 Dec, 2020

Shop and Commercial Establishment Act is applicable to all shops & establishments in the whole of Uttar Pradesh.

Shops & Establishment Registration

Every owner of the shop and commercial establishment shall within 3 months of the commencement of such business or within 3 months of the commencement of the Act, whichever is later, apply to the chief inspector for his Shops & Establishment Registration.

The registration of shops & establishment shall be maintained in FORM “K”.

The owner of every shop or commercial establishment shall make an application in FORM “L” to the chief inspector for registration his shop or commercial establishment within 3 months.

The application shall be signed by the owner and accompanied by a Treasury Challan/Bank Draft (crossed) in favor of the inspector concerned in proof of payment of registration fees as specified.

The maximum number of employees employed in the shop or commercial formation on any day during a financial year in regards to which a registration is required shall be taken into account for determining the amount of fee levied.

Terms & Renewal of Registration Certificate or Duplicate Registration Certificate or Amendment of Registration Certificate

1. A registration certificate will be binding for such period as may be prescribed &will be renewable from time to time by chief inspector for such further period as may be prescribed.
2. Every single registration certificate or renewed certificate as the case may be shall remain effective for such number of financial years, a case for it is registered or renewed for.
3. Every application for renewal of registration certificate has to be made on simple paper stating there the names of the owner name and address of the shop or commercial establishment and number of employees to the inspector, Renewal of the registration certificate shall be made in Form ‘M’.
4. in case of late fee for registration & renewal of a certificate, an owner will be made only on the payment of late fee at the rate of 12.5% of the fee for registration & renewal of a certificate.
5. The registration certificate shalln’t be transferable. In the event of a transfer of ownership the new owner shall have to apply fresh & also obtain a registration certificate.
6. In case of alteration of registration certificate the owner shall communicate in Form ‘N’ to inspector for any kind of change in address, names of the employers or if there is a change in the number of employees within the period of 15 days of occurrence of such change along with registration certificate by a Treasury Challan/Bank Draft (crossed) as the case may be.
7. When the registration certificate is demolished or torn or defaced &/or else becomes illegible, an application to inspector concerned for the issue of a duplicate copy shall be made in Form ‘ O’ together with by a Treasury Challan/Bank Draft as the case may be. The chief inspector shall issue the duplicate registration certificate in the prescribed manner on the payment of prescribed fees.
8. In case of closing down of a shop or commercial establishment, the owner shall notify such a closure in writing to inspector concerned within 15 days of his closing down of the shop or commercial establishment.
9. Every single owner shall display registration number on a plate along with letters and figures at least 5 cms. High and 1 cm. thick written in the white or luminous paint of any color.

Enforcement and Penalties

Maintenance of registers and records/ Inspector & facilities to be afforded to inspector

An employer shall maintain such registers and records and display such notice as may be prescribed.

Every single employer shall maintain an Inspector’s visit and inspection book in a shop or commercial establishment and shall produce the same before the inspector on demand.

Where the chief inspector is satisfied that the maintenance of any register in the form prescribed in rules shall need particular hardship in the case of any shop or commercial establishment, the person may allow to the employer to maintain the register in such modified form as it may be determined by him.

Every employer who are employing employees and that too more than 25 are required to maintain a register of attendance & wages in Form ‘G’.

All employers who are employing beyond 25 in a number of employees shall display a notice containing such extracts of the act.

Registers to be Maintained by Employer

In a register where an employer is required to be maintained, all the entries relating to any of the single days have to be made on that particular day. All the registers or notices are to be kept by the employers relating to any year will be conserved for 6 years after expiry of the year to which they relate & shall be produced by an inspector.

All the Employers shall provide all reasonable facilities to an inspector for making any entry, inspection, supervision, examination or inquiry as mentioned under this Act.

Offences & Punishment

The act provides that the punishment for an offense under the Act. &the provisions have been made to this effect that any person, guilty of an offense under the act shall be liable to fine, that may, for the first offense, extend to 100 rupees and for every succeeding offense the fine may extend to500 rupees.

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