The Uttar Pradesh (UP) Shops and Establishments Act, 1962, regulates the conditions of work and employment in shops, commercial establishments, and other establishments in the state of Uttar Pradesh. The Act aims to provide proper working conditions, regulate hours of work, and ensure adequate facilities for employees working in such establishments.
Coverage :
The Act applies to all shops and commercial establishments in Uttar Pradesh, excluding those covered under the Factories Act, 1948, and certain other specified establishments.
A “shop” is defined as any premises where goods are sold, either by retail or wholesale, directly to the public. A “commercial establishment” includes establishments involved in banking, trading, insurance, or providing services.
2. Registration :
It is mandatory for every employer operating a shop or commercial establishment to register under the Act within 30 days of commencement of work.
The registration is valid for five years and needs to be renewed thereafter.
3. Reasons for Registration :
Compliance: Registration ensures compliance with the provisions of the Act related to working hours, holidays, leave, and other conditions of work.
Employee Welfare: It helps in ensuring the welfare of employees by providing them with a safe and healthy working environment.
Legal Requirement: Registration is a legal requirement under the Act, and failure to register can lead to penalties.
4. Penalties for Violation :
Failure to register: If an employer fails to register the establishment as required, they may be liable to pay a penalty, which can vary based on the duration of the default.
Other Violations: Violations of various provisions of the Act, such as non-compliance with working hour regulations, non-provision of mandatory facilities, etc., can also attract penalties.
5. Other Provisions :
Working Hours: The Act regulates the working hours of employees and prescribes weekly holidays.
Leave: It provides for annual leave with wages, maternity leave, and other types of leave.
Facilities: Employers are required to provide certain facilities like first aid, restrooms, and clean drinking water to employees.
6. Inspections :
The Act provides for the appointment of Inspectors who have the authority to inspect establishments to ensure compliance with the provisions of the Act.
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