The U.P. Dookan Aur Vanijya Adhisthan Adhiniyam, 1962
(U.P. Act No. 26 of 1962)
up728
Chapter I
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.|
Object & Reasons6 |
(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;
(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, business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, or which is used as theatre, cinema, 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 contractor or piece-rate worker;
(7) 'employer' means a person who owns, or who holds charge of, or has ultimate control over the trade or 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, 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 20 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;
(14) 'prescribed' means prescribed by the rules made under this Act;
(15) 'retail trade 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 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, godown 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; 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.
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) employee occupying positions of confidential, managerial or supervisory character in shop or commercial establishment, wherein more than five employees are employed:
Provided that the number of employees so exempted in a shop or commercial establishments 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) officers of Government or local-authorities;
(d) officers of 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 establishment 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).Registration of Shops and Commercial Establishments
4A. Register of shops and commercial establishment. - 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. 4B. Registration. - (1) Every owner of a shop of 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 Adhisthan (Sanshodhan), Adhyadesh, 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 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 II
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 hours 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 establishment, 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 any 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 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 each equivalent to the advantage accruing through the concessional sale to employees of foodings 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 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 III
Holidays and Leave
8. Close days. - 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). 9. Holidays. - Every employee not being a 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. - 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 month 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) 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. 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 for leave allowed under this Act, the employees 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
13. Wage period. - (1) Every employer shall fix a period, hereinafter referred to as the wage period, at the expiry, and in respect to 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 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. - No 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 recovery 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 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 ground 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 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 a period not exceeding fifteen days may be forfeited to his employer.Chapter V
Employment of Children and Women
21. Prohibition of employment of children. - (1) 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 required 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 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 employer 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.
25. Maternity leave. - The periods 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 periods of-(a) six weeks immediately preceding the day of delivery; and
(b) six weeks following the date 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. 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 discharged 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. 29. Appointment of Inspectors. - 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. 30. Power 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 register, 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 register, records or documents. The Inspector may seize such of them as he require for the purpose of proving the contravention of any of the provisions of this Act or the rules made thereunder. 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 thereunder, other than those of sub-section (1) of Section 20, shall be guilty of an offence under this Act. 34. Offences of Companies, etc. - (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 under this Act 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 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 the 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 die rules made thereunder except on complaint in wiring made within six months of the date which the offence is alleged to have been committed. (2) Courts empowered to try offence 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. [(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, cither before or after the 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.]
Chapter VII
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 thereunder. 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 Workmen's Compensation Act and Rules. - 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. 40. Rule-making power. - (1) The State Government [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;
[(b-1) the form of register of shops and commercial establishments under Chapter I-A;
(b-2) the fees of 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;]
(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. [* * * ] 41. Repeal. - The United Provinces Shops and Commercial Establishments Act, 1947, is hereby repealed.Schedule I
Part A
All the provisions of this Act shall apply to the shops and commercial establishments in the areas mentioned below :|
|
Names |
|
Areas in which all the provisions of this Act shall apply |
|
|
1 |
|
2 |
|
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, Vidhyapith 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 Lalbagh, Barhpur, Nekpur and Bholepur. |
|
17. |
Aligarh |
... |
Municipal areas |
|
18. |
Firozabad |
... |
Ditto |
|
19. |
Faizabad |
... |
Ditto |
|
20. |
Gorakhpur |
... |
Ditto |
|
21. |
Hapur |
... |
Ditto |
|
22. |
Hathras |
... |
Ditto |
|
23. |
Muzaffamagar |
... |
Ditto |
|
24. |
Saharanpur |
... |
Ditto |
|
25. |
Gonda |
... |
Municipal areas |
|
26. |
Ghaziabad |
... |
Ditto |
|
27. |
Kaimganj |
... |
Ditto |
|
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. |
Rae Bareli |
... |
Ditto |
|
41. |
Padrauna |
... |
Ditto |
|
42. |
Hamiipur |
... |
Ditto |
|
43. |
Basti |
... |
Ditto |
|
44. |
Mainpuri |
... |
Ditto |
|
45. |
Unnao |
... |
Ditto |
|
46. |
Pratapgarh |
... |
Ditto |
|
47. |
Dcoria |
... |
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. |
|
52. |
Kannauj |
... |
Municipal area and contiguous areas of Saraimeran and Mekrandnagar. |
|
53. |
Ballia |
... |
Municipal Area. |
|
54. |
Chandausi |
... |
Ditto |
|
55. |
Kasganj |
... |
Ditto |
|
56. |
Bhadohi (Varanasi) |
... |
Ditto |
|
57. |
Ramnagar (Naini Tal) |
... |
Ditto |
|
58. |
Haldwani |
... |
Ditto |
|
59. |
Shamli (Muzaffamagar) |
... |
Municipal Area. |
|
60. |
Budaun |
... |
Ditto |
|
61. |
Shikohabad (Mainpuri) |
... |
Ditto |
|
62. |
Kashipur (Naini Tal) |
... |
Ditto |
|
63. |
Mahoba |
... |
Ditto |
|
64. |
Moradabad |
... |
Municipal area and Railway Settlement, Notified area, Railway Station and Railway Institute. |
|
Etah |
... |
Municipal Area] |
|
|
Maunath Bhanjan |
... |
Ditto] |
|
|
Roorkee (Sharanpur District) |
... |
Municipal and Cantonment area of Roorkee (Saharanpur District)] |
|
|
Khatuali (Muzaffamagar) |
... |
Municipal Area] |
|
|
Uttar Kashi |
... |
Ditto] |
|
|
Bisauli (Budaun) |
... |
Town Area] |
|
|
Bilsi (Budaun) |
... |
Municipal Area] |
|
|
Hydergarh (Barabanki) |
... |
Town Area] |
Part B
Sections 2,3, 8, 9, 12, 13, 15, 19, [30] 32, 33, 34, 35 [36, 38, 39] and 40 shall apply to all the shops and commercial establishments in the areas mentioned below:|
|
Names |
|
Areas in which the said sections shall apply |
|
|
1 |
|
2 |
|
1. |
Roorkee |
... |
Municipal and Cantonment Areas. |
|
2. |
Khurja |
... |
Municipal Area. |
|
3. |
Haidwar |
... |
Ditto |
|
4. |
Balrampur (Gonda) |
... |
Ditto |
|
5. |
Maunath Bhanjan |
... |
Ditto |
|
6. |
Tihar |
... |
Ditto |
|
7. |
Nagina |
... |
Ditto |
|
8. |
Najibabad |
... |
Municipal Area. |
|
9. |
Dcoband (Saharanpur) |
... |
Ditto |
|
10. |
Shahabad (Hardoi) |
... |
Ditto |
|
11. |
Panditwari (Dchradun) |
... |
Ditto |
|
12. |
Jalaun |
... |
Ditto |
|
13. |
Amethi |
... |
Ditto |
|
14. |
Karvi (Banda) |
... |
Ditto |
|
15. |
Moghalsarai |
... |
Ditto |
|
16. |
Tanda (Faizabad) |
... |
Ditto |
|
17. |
Gaura Barhaj (Dcoria) |
... |
Ditto |
|
18. |
Kairana (Muzaffanagar) |
... |
Ditto |
|
19. |
Baraut (Meerut) |
... |
Ditto |
|
20. |
Vrindaban (Mathura) |
... |
Ditto |
|
21. |
Mawana (Meerut) |
... |
Ditto |
|
22. |
Jalalpur (Faizabad) |
... |
Ditto |
|
23. |
Kotdwara (Garhwal) |
... |
Ditto |
|
24. |
Etah |
... |
Ditto |
|
25. |
Lalitpur (Jhansi) |
... |
Ditto |
|
26. |
Mauranipur (Jhansi) |
... |
Ditto |
|
27. |
Sambhal (Moradabad) |
... |
Ditto |
|
28. |
Amroha (Moradabad) |
... |
Ditto |
|
29. |
Chandpur (Bijnor) |
... |
Ditto |
|
30. |
Almora |
... |
Ditto |
|
31. |
Bisalpur (Pilibhit) |
... |
Ditto |
|
32. |
Biswan (Sitapur) |
... |
Ditto |
|
33. |
Gola Gokarannath (Kherei) |
... |
Ditto |
|
34. |
Konch (Jalaun) |
... |
Ditto |
|
35. |
Kalpi (Jalaun) |
... |
Ditto |
|
36. |
Khatauli (Muzaffanagar) |
... |
Ditto |
|
37. |
Auraiya (Etawah) |
... |
Ditto |
|
38. |
Dhampur (Bijnor) |
... |
Ditto |
|
39. |
Sikandrabad (Bulandshahr) |
... |
Ditto |
|
40. |
Rishikesh (Dchra Dun) |
... |
Ditto |
|
41. |
Ujhani (Budaun) |
... |
Ditto |
|
42. |
Bharthana (Eiawah) |
... |
Ditto |
|
43. |
Rasra (Ballia) |
... |
Notified Area |
|
44. |
Shahganj (Jaunpur) |
... |
Notified Area. |
|
45. |
Chibramau (Farrukhabad) |
... |
Town Area. |
|
46. |
Modinagar (Meerut) |
... |
Ditto |
|
Pilkhawa (Meerut) |
... |
Municipal Area] |
|
|
48. |
Mangalore (Saharanpur) |
... |
Ditto |
|
Robertsganj (Mirzapur) |
... |
Ditto] |
|
|
Kosi-Kalan (Mathura) |
... |
Ditto] |
|
|
Chunar (Mirzapur) |
... |
Village Tikaur and the road from Chunar Railway Cabin (West) to Chunar Town] |
|
|
Gosainganj (Lucknow) |
... |
Town Area] |
|
|
Lakhna (Etawah) |
... |
Ditto] |
|
|
Mahmudabad (Sitapur) |
... |
Ditto] |
Part C
All the provisions of this Act shall apply to commercial establishment of all the cane cooperative 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.Note. - For exemption from the operation of the provisions of sections 5(1), 6, 8(1) and 9 of the Act. See Notification No. 108(LL) (i)/XXXVI-(D)-674 (LL)-63, dated 18-2-1964.
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 hair dressers.
7. Government licensed shops or establishments dealing in spirituous liquors or narcotic drugs.
8. Such shops dealing exclusively or mainly in material need 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 cycles, rickshaws, tonga, ekka, and bullock-cart.
Notifications
Notification No. 356 (LL)/XXXVI-B-47-(LL)-62, dated February 18, 1963, published in U.P. Gazette, dated February 23, 1963, Part I, page 337. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor of Uttar Pradesh, is pleased to direct that, with effect from the date of issue of this notification, all the provisions of the said Act shall apply also in relation to the area of 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.
Notification No. 1403 (LL)/XXXVI-E-467-(LL)-62, dated May 23, 1963, published in U.P. Gazette, Part 1-A, dated 1st June, 1963, page 1042. - In exercise of the powers conferred by sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (Act No. XXVI of 1962), the Governor of Uttar Pradesh is pleased to exempt, in public interest, all the shops and commercial establishments situated in Uttar Pradesh exclusively or mainly dealing in the business of supplying, furnishings (which include furniture, shamiyanas and tents), crockery and utensils on hire required for marriages and other ceremonial occasions from the operation of sub-section (1) of Section 5 and sub-section (1) of Section 8 of the said Adhiniyam subject to the following conditions :(i) No sale of any such article shall be effected and only hiring of the aforesaid article on ceremonial occasions shall be allowed.
(ii) The employees who are required to work beyond the prescribed hours of work shall be paid wages at twice the ordinary rate for every hour of such overtime.
(iii) If any employee is required to work on a close day or a public holiday, whether for the whole day or part thereof, he shall be given a full day's holiday in lieu thereof within a week following such day.
Notification No. 5218 (LL)/XXXVI (D)-221-(LL)-62, dated September 25, 1963, published in Government of U.P. Gazette, dated 5th October, 1963, page 1857. - It exercise of the powers conferred by sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor of Uttar Pradesh is pleased to exempt in public interest all the shops exclusively dealing in Mainpuri-Tobacco in Uttar Pradesh, from the operation of the provisions of sub-section (1) of Section 5 of the said Adhiniyam, read with Rule 3 of the U.P. Dookan Aur Vanijya Adhishthan Niyamavali, 1963, and sub-section (1) of Section 8 and sub-clause (i) of Section 9 of the said Adhiniyam subject to the following condition-(a) every employee except a watchman or caretaker who is required to work on a public holiday shall be given leave of one whole day in lieu of such holiday;
(b) the leave in lieu of public holiday shall, if applied for by the employee, be granted to him within the same calendar year. If the employee does not so avail himself of his leave or any part thereof during the calendar year, it will be carried over to the next calendar year but no further; and
(c) the employment of an employee on the public holiday for a part only of the day shall entitle the employee to a whole day's leave.
Notification No. 5114 (LL)/XXXVI-(D)-498 (LL)-62, dated September 30, 1963, published in Government of U.P. Gazette, Part I, dated 12th October, 1963, page 1883. - In U.P. Dookan Aur Vanijya Adhishthan Niyamavali, 1963 (English Version), published in Notification No. 2084 (LL)/XXXVI-(B)-498 (LL)-62, dated May 1,1963 :(1) Omit the word 'and' occurring after the word 'Diwali Parewa' in Rule 5 (iii).
(2) Place a 'Semi colon' in place of 'full stop' after the words 'Kartiki Poornima' and add the word 'and' thereafter in Rule 5 (iv).
(3) Read the words 'object for which disbursed' for the words 'object for which disbursed' in Column 14 of Form E.
Notification No. 108 (LL) (i)/XXXVI-(D)-674 (LL)-63, dated February 18, 1964, published in U.P. Gazette, Part I, dated 29th February, 1964, page 217. - In supersession of Government Notification No. U.O. 899 (LL) (1)/XXXVI (D)-674 (LL)-63, dated December 6, 1963, and in exercise of the powers conferred by sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor of Uttar Pradesh is pleased to exempt, in public interest, all the shops and commercial establishments, employing employees of Vacuum Pan Sugar Factories in Uttar Pradesh to whom the provisions of Factories Act, 1948, do not apply, are granted exemption from the operation of the provisions of sub-section (1) of Section 5, Section 6, sub-section (i) of Section 8 and Section 9 of the said Adhiniyam subject to the following conditions :(1) An employee shall be allowed two days holidays in the course of each period of fourteen days of employment.
(2) The total hours of work put in by an employee during the period of four weeks shall be such that his weekly average does not exceed 56 hours.
(3) An employee working in excess of 8 hours a day shall be paid wages in respect of such additional hours at twice the ordinary rate, for every hour of such overtime work.
(4) Overtime work shall not exceed 220 hours in the aggregate in any year.
(5) When an employee is derived of any public holidays for which provision is made in sub-section (1) of section 9 he shall be allowed equal number of compensatory holidays on full pay immediately after the close of the current crushing season in the factory.
Notification No. 2764 (LL) (ii)/XXXVI-(D)-47 (LL)-1962, dated December 8, 1964, published in U.P. Gazette, dated 19th December, 1964, Part I, page 1841. - In exercise of the powers conferred by Sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor of Uttar Pradesh is pleased to direct that the provisions of Sections 2, 3, 8, 9, 12, 13, 15, 19, 30, 32, 33, 34, 35, 36, 38, 39 and 40 of the said Adhiniyam shall apply with effect from the date of this notification to all shops and commercial establishments in Robertsganj (Mirzapur). Notification No. 62 (LL) (ii)/XXXVI-(D)-345 (LL)-1963, dated June 5, 1965, published in U.P. Gazette, Part I, dated 26th June, 1965, page 1567. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan, Adhiniyam, 1962 (Uttar Pradesh Act No. XXVI of 1962), the Governor of Uttar Pradesh in public interest, is pleased to exempt with effect from the date of publication of this notification in the Uttar Pradesh Gazette all the shops and commercial establishments situated in Uttar Pradesh from the operation of the provisions of sub-section (1) of Section 8 and Section 9 of the said Adhiniyam subject to the following conditions-(1) the exemption shall be for the purpose only of unloading of trucks carrying foodgrains, oilseeds, pulses, gur, khandsari, edible oils, ghee, atta ad suji;
(2) employees require to work on a close day, whether for the whole day or part thereof, shall get full day's holiday in lieu thereof within the week following such day; and
(3) notice containing the names of employees required for work, the particular day on which they are required and the compensatory holiday proposed therefor shall be pasted on the premises of the shops and commercial establishments on a conspicuous place before work is taken on such day and a copy thereof shall be sent to the Labour Inspector concerned within twenty-four hours of the expiry of taking such work.
Notification No. 718 (A)/XXXVI-(D)-340 (A)-65, dated October 15, 1968, published in U.P. Gazette, Part I, dated 26th October, 1968. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to direct that the provisions of Sections 2, 3, 8, 9, 12, 13, 15, 19, 30, 32, 33, 34, 35, 36, 38, 39 and 40 of the said Adhiniyam shall apply with effect from the date of this notification to all shops and commercial establishments in the contiguous area of Chunar (Mirzapur District) as indicated hereunder:Village Tikaur and the road from Chunar Railway Cabin (West) to Chunar Town.
Notification No. 386 (A)/XXXVI-(D)-389 (A)-70, dated April 17, 1971, published in U.P. Gazette, Part I, dated 17th April, 1971, page 1679. - In exercise of the powers conferred by sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor of Uttar Pradesh is pleased to exempt in public interest all the shops and commercial establishments situated in the Vindyachal Area of Municipal Board, Mirzapur from the operation of the provisions of Sections 5 (1), 8 (1) (a) and 9 (2) of the Act and Rules 3, 6 and 7 of the Niyamavali framed thereunder, for the period from March 27 to April 10, 1971 subject to the following condition that they will observe close days on April 14, 19 and 22,1971 in lieu of March 27, April 3 and 10, 1971. Notification No. 960 (A)/XXXVI-(D)-360 (A)-69, dated September 9, 1971, published in U.P. Gazette, Part I, dated 18th September, 1971, page 5576. - In exercise of the powers conferred under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to direct that the provisions of Sections 5 and 8 of the said Adhiniyam shall apply, with effect from the date of this notification, to all shops and commercial establishments situated in the Municipal Areas of Tehri-Garhwal. Notification No. 817 (A)/XXXVI-(D)-31-69, dated September 25, 1971, published in U.P. Gazette, Part I, dated 6th November, 1971, page 6462. - In exercise of the powers conferred under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor of Uttar Pradesh is pleased to exempt in public interest all the shops and commercial establishments of photographers of Kanpur City from the operation of the provisions of clause (a) of sub-section (1) of Section 8 and clause (ii) of Section 9 for December 13, 1970 subject to their observing substituted close day on December 15, 1970 and allowing a full day leave to their employees on that day. Notification No. 1197 (A)/XXXVI-D-218 (A)-71, dated October 4, 1971, published in U.P. Gazette, Part I, dated 6th November, 1971, page 6462. - In exercise of the powers conferred by sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vaijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor of Uttar Pradesh is pleased to exempt in public interest all the shops and commercial establishments situated in the Vindhyachal Area of Municipal Board, Mirzapur from the operation of the provisions of Sections 5 (1), 8 (1) (a) and 9 (2) of the Act and Rules 3, 5, 6 and 7 of the Niyamawali framed thereunder for the period from September 20 to October 4, 1971, subject to the condition that they will observe close day on October 6 and 13,1971, in lieu of September 25 and October 2, 1971. Notification No. 1300-(A)/XXXVI-D-354-(A)-71, dated November 5, 1971, published in U.P. Gazette, Part I, dated 20th November, 1971, page 6700. - In exercise of the powers conferred by sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor of Uttar Pradesh is pleased to direct that the provisions of all sections of the said Adhiniyam shall apply, with effect from the date of this notification, to all shops and commercial establishments situated in the Town Area of Khalilabad (Basti). Notification No. 1217 (A)/XXXVI-D-376 (A)-71, dated November 17, 1971, published in U.P. Gazette, Part I, dated 4th December, 1971, page 6989. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to direct that all the provisions of the said Adhiniyam shall apply with effect from the date of publication of this notification in the official Gazette in the Town Area of Modinagar, district Meerut. Notification No. 1334 (A)/XXXVI-D-376 (A)-71, dated November 17, 1971, published in U.P. Gazette, Part I, dated 4th December, 1971, page 6990. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to direct that all the provisions of the said Adhiniyam shall apply with effect from the date of publication of this notification in the official Gazette to all shops and commercial establishments situated in the Municipal Area of Haridwar (Saharanpur District). Notification No. 599 (V)/XXXVI-S514 (V)-71, dated December 24, 1971, published in U.P. Gazette, Part I, dated 8th January, 1972, page 202. - In exercise of the powers conferred by sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vaijya Adhishthan Adhiniyam, 1962 (U. P. Act No. XXVI of 1962), and in continuation of Government Notification No. 464 (V)/XXXVI-5-514(V)-71, dated December 20, 1971, the Governor is pleased to exempt, in public interest all the offices of the Life Insurance Corporation of India in the State of U.P. from the operation of the provisions of sub-section (1) of Section 5, sub-section (1) of Section 6 and provisions of Section 7 of the said Adhiniyam read with Rule 3 of the U.P. Dookan Aur Vanijya Adhishthan Niyamavali, 1963, dated December 20, 1971 also subject to the following conditions:(i) That the said offices may open from 7.30 a.m. till 12.00 noon but not thereafter, on December 20, 1971 also.
(ii) That the total number of hours of overtime work shall not exceed 50 in the quarter, i.e. from October to December, 1971.
(iii) That the employees working overtime on the day, i.e. on December 29, 1971 shall be paid wages at twice the ordinary rate for every hour of such overtime work.
Notification No. 69 (A)/XXXVI-5-353 (A)-71, dated January 7, 1972, published in U.P. Gazette, Part I-ka, dated 22nd January, 1972, page 418 - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to direct that the provisions of Section 5 of the said Adhiniyam shall also apply with effect from the date of this notification to all shops and commercial establishments situated in the Municipal Area, Dhampur, district Bijnor. Notification No. 277 (V)/XXXVI-5-702 (V)-72, dated March 9, 1972, published in U.P. Gazette, Part I, dated 18th March, 1972, page 1848. - In exercise of the powers conferred by sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan, 1962 (U.P. Act No. XXVI of 1962), the Governor of Uttar Pradesh is pleased to exempt in public interest all the industrial establishments, consuming less than 80 H.P. electricity, situated at Kanpur, Allahabad, Lucknow and Meerut from the operation of the provisions of sub-section (1) of Section 5 read with Rule 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 1963, sub-section (1) of Section 8 of the said Adhiniyam, for the period from January 22 to February 5, 1972, subject to the condition that they may upon or before the prescribed hours, but not before 7 a.m. and shall not keep open after 8 p.m. on any day during the above period. Notification No. 700 (V)-36-5-715 (V)-72, dated April 7, 1972, published in U.P. Gazette, Part I, dated 22nd April, 1972, page 2279. - In exercise of the powers under sub-section (3) of Section 10 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to direct that the provisions of Section 8 of the said Adhiniyam, shall apply with effect from date of publication of this notification in the Uttar Pradesh Gazette, to all shops and commercial establishments situated in the Municipal Area of Aonla, district Bareilly. Notification No. 612 (V) 36-5-566 (V)-73, dated April 1, 1975, published in U.P. Gazette, Part I, dated April 9, 1975, page 967. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to direct that the provisions of Sections 2, 3, 8, 9, 12, 13, 15, 19, 30, 32, 33, 35, 36, 38, 39 and 40 of the said Adhiniyam shall, with effect from the date of publication of this notification in the U.P. Gazette, apply to all shops and commercial establishments situated in the Town Area Gosainganj, district Lucknow. Notification No. 522 (V)-73 (V)-73, dated April 15, 1975, published in U.P. Gazette Part I, dated 25th April, 1975, page 1000. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXXI of 1962), the Governor is pleased to direct that all the provisions of the said Adhiniyam shall, with effect from the date of publication of this notification in the Gazette, apply to all shops and commercial establishments situate in the Nagarpalika Area of Khatauli, district Muzaffamagar. Notification No. 1107 (V)/XXX-5-566 (V)-73, dated May 22, 1975, published in U.P. Gazette, Part I, dated 7th June, 1975, page 1436. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to direct that the provisions of Sections 2, 3, 8, 9, 12, 13, 15, 19, 30, 32, 33, 34, 35, 36, 38, 39 and 40 of the said Adhiniyam shall, with effect from the date of publication of this notification in the U.P. Gazette, apply to all shops and commercial establishments situate in the Town Area of Lahkana, district Etawah. Notification No. 1201 (V)/XXXVI-50-566 (V)-73, dated April 19, 1976, published in U.P. Gazette, Part I, dated May 1, 1976, page 1064. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to direct that the provisions of Sections 2, 3, 8, 9, 12, 13, 15, 19, 30, 32, 33, 34, 35, 36, 38, 39 and 40 of the said Adhiniyam, shall with effect from the date of publication of this notification in the Uttar Pradesh Gazette, apply to all shops and commercial establishments situate in the Town Area, Mehmudabad, district Sitapur. Notification No. 4923 (V)/XXXVI-3-58 (V)-77, dated December 28, 1977, published in U.P. Gazette, Extraordinary, dated 28th December, 1977, page 2 - In exercise of the powers under Section 29 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXXVI of 1962), and in supersession of all the previous orders on the subject, the Governor is pleased to appoint the officer/official mentioned in Column 2 of the Schedule below to be the Inspector for the purposes of the said Act within the areas mentioned against each in Column 3 thereof:Schedule
|
Sl. No. |
Officer/Official |
Local limit |
|
1 |
2 |
3 |
|
1 |
Labour Officer, Gorakhpur |
Gorakhpur Region in which Azamgarh, Dcoria, Basti and Gorakhpur districts are included. |
(1) that they shall remain open on a weekly close day falling on the first or second or third day of any month subject to the condition that in lieu of every such weekly close day they shall observe a close day on such day within a period of six days from such weekly close day, as is fixed by the District Magistrate concerned, and
(2) that they may remain open on a close day which is a public holiday falling on the first or second or third day of any month subject to the condition that in lieu of every such public holiday, they shall observe a close day on such day within a period of seven days from such public holiday, as is fixed by the District Magistrate concerned.
Notification No. 680 (V)/XXXVI-3-701 (V)-72, dated April 26, 1978, published in U.P. Gazette, Part I, dated 13th May, 1978, page 1049. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to direct that all the provisions of the said Adhiniyam shall, with effect from the date of publication of this notification in the Gazette, apply all shops and commercial establishments situate in the Town Area of Hydergarh, district Bara Banki. Notification No. 4923 (1) (V)/XXXVI-3-1050 (MW)-78, dated February 2, 1979, published in U.P. Gazette, Extraordinary, dated February 2, 1979, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to exempt, in public interest, all the Khadi and Gramodyog institution run and/or controlled by the Uttar Pradesh Khadi and Village Industries Board or Khadi and Village Industries Commission, situate in the State of Uttar Pradesh, from the operation of all the provisions of the said Adhiniyam for the period of one year from the date of publication of this notification in the Gazette. Notification No. 2624 (V)/36-3-754 (S)-77, dated February 7, 1979, published in U.P. Gazette, Part I, dated 3rd March, 1979, page 605. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962) read with clause 10 of the Uttar Pradesh Electricity (Regulation of Supply, Distribution, Consumption and Use) Order, 1977, published with Government Notification No. 5009-P/3-77-23-216-77, dated September 19, 1977, the Governor is pleased to exempt, in public interest, all shops and commercial establishments situate within the Municipal Area of Kotdwar, district Garhwal, from the operation of the provisions of sub-section (1) of Section 5 of the said Act and sub-clause (1) of Clause 4 of the said order subject to the conditions-(1) that Shops and Commercial Establishments may open before the prescribed hours but not before 6 a.m. and no use of electricity shall be made for purposes of lighting, etc. before the prescribed time-limits, (2) that every employer shall fix the hours to work of each of his employees and report the same on the 1st day of March each year to the Assistant Labour Commissioner, Dehra Dun and the Labour Inspector-in-charge of the area. Notification No. 713 (V)-36-3-79, dated March 28, 1979, published in U.P. Gazette, Extraordinary, dated 28th March, 1979, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (Act No. XXVI of 1962), the Governor is pleased to exempt, in public interest, all shops and commercial establishments situate in Uttar Pradesh, from the operation of the provisions of Section 4-C of the said Adhiniyam read with Rule 2-A (7) of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 1963, subject to the condition that their owners shall apply for renewal of registration certificate for the financial year 1979-80 in Form 'L' in duplicate to the Chief Inspector of Shops and Commercial Establishments by May 31, 1979, and the fee chargeable for renewal of registration certificate shall be the same as for the grant thereof. Notification No. 394/XXXVI-3-715 (S)-79, dated March 20, 1980, published in U.P. Gazette, Extraordinary, dated 20th March, 1980, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904), and in partial modification of Government Notification No. 3997 (V)/XXXVI-3-79, dated October 3, 1979, the Governor is pleased to exempt, in public interest, all the shops and commercial establishments not being shops and commercial establishments mentioned in Schedule II of the said Adhiniyam (U.P. Act. No. XXVI of 1962), situate in the State of Uttar Pradesh from the operation of the provisions of sub-section (1) of Section 5 of the said Adhiniyam (U.P. Act No. XXVI of 1962), read with Rule 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 1963, subject to the condition that such shops and commercial establishments may open not before 9.00 a.m. and shall not keep open after 7.00 p.m. Notification No. 83/36-3-81, dated February 20, 1981, published in U.P. Gazette, Extraordinary, dated 20th February, 1981, page 2. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to direct that all the provisions of the said Adhiniyam shall, with effect from the date of publication of this notification in the Gazette, apply to all shops and commercial establishments situate in the Nagarpalika Area of Ayodhya, district Faizabad. Notification No. 1586/XXXVI-3-709 (S)-80, dated June 23, 1981, published in U.P. Gazette, Extraordinary, dated 23rd June, 1981, page 2. - In exercise of the powers under sub-section (4) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), read with Section 21 of the U.P. General Clauses Act, 1904 (U.P. Act No. 1 of 1904), the Governor is pleased to rescind Government Notifications No. 3997 (V)/XXXVI-3-79, dated September 28, 1979, No. 3997 (V)/XXXV 1-3-79, dated October 3, 1979 and No. 394/XXXVI-3-715 (S)-79, dated March 20, 1980 with effect from the date of publication of this notification in the Gazette,-regarding the exemption granted to all shops and commercial establishments, not being shops and commercial establishments mentioned in Schedule II of the said Adhiniyam, situate in the State of Uttar Pradesh. Notification No. 1148/XXXVI-3-1981, dated May 4, 1981, published in U.P. Gazette, Extraordinary, dated 4th May, 1981, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to exempt, in public interest, all shops and commercial establishments situate in Uttar Pradesh from the operation of the provisions of Sections 4-C of the said Adhiniyam, read with Rule 2-A (7) of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamawali, 1963, subject to the condition that their owners shall apply for renewal of registration certificate for the financial year 1981-82 in Form 'L' in duplicate to the Chief Inspector of Shops and Commercial Establishments by May 31, 1981 and the fee chargeable for renewal for registration certificate shall be the same as for the grant thereof. Notification No. 1553/XXXVI-3-703 (S)-82, dated July 17, 1982, published in U.P. Gazette, Extraordinary, dated 17th July, 1982, pages 4-7. - In exercise of the powers under Section 29 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), and in supersession,of Notification No. 2440/XXXVI-3-717 (S)-79, dated 23rd October, 1980, the Governor is pleased to appoint the officers/officials mentioned in Column 2 of the Schedule below to be 'Inspectors' for the purpose of the said Act within the areas mentioned against each in Column 3 thereof:Schedule
|
Sl. No. |
Officer/Official |
Local limit |
|
1 |
2 |
3 |
|
1. |
Additional Labour Commissioner, Uttar Pradesh, Kanpur Region, Kanpur |
Kanpur Region consisting of the district of Kanpur City, Kanpur Rural, Etawah, and Farrukhabad. |
|
2. |
Labour Officer (Enforcement), Kanpur Region, Kanpur |
Ditto |
|
3. |
All Conciliation Officers, Kanpur Region, Kanpur |
Ditto |
|
4. |
Labour Officer, Kanpur Region, Kanpur |
Ditto |
|
5. |
Labour Officer (Welfare), Kanpur Region, Kanpur |
Ditto |
|
6. |
Conciliation Officer, Farrukhabad |
Ditto |
|
7. |
Assistant Welfare Officer, Kanpur Region, Kanpur |
Ditto |
|
8. |
All Labour Inspectors posted at different places in Kanpur Region, Kanpur |
Ditto |
|
9. |
Chief Investigator, Kanpur Region, Kanpur |
Ditto |
|
10. |
All Labour Inspectors posted in Labour Commissioner's Office at Kanpur |
Ditto |
|
11. |
All Assistant Trade Union Inspectors posted in Labour Commissioner's Office at Kanpur |
Ditto |
|
12. |
All Chief/Senior Investigators, posted in Labour Commissioner's Office at Kanpur |
Ditto |
|
13. |
Deputy Labour Commissioner, Allahabad Region, Allahabad |
Allahabad Region consisting of the districts of Allahabad and Fatehpur. |
|
14. |
Labour Officer (Enforcement), Allahabad Region, Allahabad |
Ditto |
|
15. |
Labour Officer, Allahabad Region, Allahabad |
Ditto |
|
16. |
All Conciliation Officers of Allahabad Region, Allahabad |
Ditto |
|
17. |
Assistant Welfare Officer, Allahabad Region, Allahabad |
Ditto |
|
18. |
Assistant Trade Union Inspector, Allahabad Region, Allahabad |
Ditto |
|
19. |
Chief Investigator, Allahabad Region, Allahabad |
Ditto |
|
20. |
All Labour Inspectors posted at different places in Allahabad Region, Allahabad |
Ditto |
|
21. |
Deputy Labour Commissioner, Meerut Region, Meerut |
Meerut Region consisting of the districts of Meerut, Muzaffanagar and Saharanpur. |
|
22. |
Labour Officer (Enforcement), Meerut Region, Meerut |
Ditto |
|
23. |
Labour Officer, Meerut Region, Meerut |
Ditto |
|
24. |
All Conciliation Officers, Meerut Region, Meerut |
Ditto |
|
25. |
Conciliation Officer, Saharanpur |
Ditto |
|
26. |
Assistant Welfare Officer, Meerut Region, Meerut |
Ditto |
|
27. |
Assistant Trade Union Inspectors, Meerut Region, Meerut |
Ditto |
|
28. |
Chief Investigator, Meerut Region, Meerut |
Ditto |
|
29. |
All Labour Inspectors posted at different places in Meerut Region, Meerut. |
Ditto |
|
30. |
Deputy Labour Commissioner, Agra Region, Agra |
Agra Region consisting of the districts of Agra, Aligarh, Etah, Mainpuri and Mathura |
|
31. |
All Conciliation Officers, Agra "Region, Agra |
Ditto |
|
32. |
Conciliation Officer, Aligarh |
Ditto |
|
33. |
Conciliation Officer, Firozabad |
Ditto |
|
34. |
Labour Officer, Agra Region, Agra |
Ditto |
|
35. |
Assistant Welfare Officer, Agra Region, Agra |
Agra Region consisting of the districts of Agra, Aligarh, Etah, Mainpuri and Mathura. |
|
36. |
Assistant Trade Union Inspector, Agra Region, Agra |
Ditto |
|
37. |
Chief Investigator, Agra Region, Agra |
Ditto |
|
38. |
All Labour Inspectors posted at different places in Agra Region, Agra |
Ditto |
|
39. |
Deputy Labour Commissioner, Gorakhpur, Region, Gorakhpur |
Gorakhpur Region consisting of the districts of Gorakhpur, Basti, Deoria and Azamgarh. |
|
40. |
Conciliation Officer, Gorakhpur |
Ditto |
|
41. |
Labour Officer, Gorakhpur Region, Gorakhpur |
Ditto |
|
42. |
Assistant Welfare Officer, Gorakhpur Region, Gorakupur |
Ditto |
|
43. |
Labour Officer Mau (Azamgarh) |
Ditto |
|
44. |
Assistant Trade Union Inspector, Gorakhpur Region, Gorakhpur |
Ditto |
|
45. |
Chief Investigator, Gorakhpur Region, Gorakhpur |
Ditto |
|
46. |
All Labour Inspectors posted at different places in Gorakhpur Region, Gorakhpur |
Ditto |
|
47. |
Deputy Labour Commissioner, Lucknow Region, Lucknow |
Lucknow Region consisting of the districts of Lucknow, Hardoi, Kheri, Rae Bareli, Sitapur and Unnao. |
|
48. |
Conciliation Officer, Lucknow Region, Lucknow |
Ditto |
|
49. |
Labour Officer, Lucknow Region, Lucknow |
Ditto |
|
50. |
Conciliation Officer, Unnao |
Ditto |
|
51. |
Assistant Welfare Officer, Lucknow Region, Lucknow |
Ditto |
|
52. |
Assistant Trade Union Inspector, Lucknow Region, Lucknow |
Ditto |
|
53. |
Chief Investigator, Lucknow Region, Lucknow |
Ditto |
|
54. |
All Labour Inspectors posted at different places in Lucknow Region |
Ditto |
|
55. |
Labour Officer, Faizabad Region, Faizabad |
Faizabad Region consisting of the districts of Faizabad, Bahraich, Bara Banki, Gonda, Pratapgarh and Sultanpur |
|
56. |
All Labour Inspectors posted at different places in Faizabad Region |
Ditto |
|
57. |
Deputy Labour Commissioner, Bareilly Region, Bareilly. |
Bareilly Region consisting of the districts of Bareilly, Badaun, Pilibhit, and Shahjahanpur. |
|
58. |
Conciliation Officer, Bareilly Region, Bareilly |
Ditto |
|
59. |
Labour Officer, Bareilly Region, Bareilly. |
Ditto |
|
60. |
Assistant Welfare Officer, Bareilly Region, Bareilly |
Ditto |
|
61. |
Assistant Trade Union Inspectors, Bareilly Region, Bareilly. |
Ditto |
|
62. |
Chief Investigator, Bareilly Region, Bareilly. |
Ditto |
|
63. |
All Labour Inspectors posted at different places in Bareilly Region, Bareilly. |
Ditto |
|
64. |
Conciliation Officer, Moradabad Region. Moradabad |
Moradabad Region consisting of the districts of Moradabad, Rampur and Bijnor. |
|
65. |
Conciliation Officer, Rampur. |
Ditto |
|
66. |
All Labour Inspectors posted at different places in Moradabad Region, Moradabad. |
Ditto |
|
67. |
Assistant Labour Commissioner, Varanasi Region, Varanasi. |
Varanasi Region consisting of the districts of Varanasi, Ghazipur, Ballia and Jaunpur. |
|
68. |
Conciliation Officer, Varanasi Region, Varanasi |
Ditto |
|
69. |
Labour Officer, Varanasi Region, Varanasi |
Ditto |
|
70. |
All Labour Inspectors posted at different places in Varanasi Region, Varanasi. |
Ditto |
|
71. |
Assistant Labour Commissioner, Garhwal Region, Dehra Dun |
Garhwal Region consisting of the districts of Dehra Dun, Chamoli, Garhwal (Pauri), Tehri-Garhwal and Uttar Kashi. |
|
72. |
All Labour Inspectors posted at different places in Garhwal Region, Dehra Dun. |
Ditto |
|
73. |
Assistant Labour Commissioner, Kumaun Region, Haldwani (Nainital). |
Kumaun Region consisting of the districts of Naini Tal, Almora and Pithoragarh. |
|
74. |
All Labour Inspectors posted at different places in Kumaun Region. |
Ditto |
|
75. |
Assistant Labour Commissioner, Ghaziabad Region, Ghaziabad |
Ghaziabad Region consisting of Ghaziabad the districts of Ghaziabad and Bulandshahr. |
|
76. |
Conciliation Officer, Ghaziabad. |
Ditto |
|
77. |
Labour Officer, Ghaziabad. |
Ditto |
|
78. |
All Labour Inspectors posted at different places in Ghaziabad Region, Ghaziabad |
Ditto |
|
79. |
Assistant Labour Commissioner, Mirzapur Region, Mirzapur. |
Mirzapur Region consisting of the district of Mirzapur. |
|
80. |
Conciliation Officer, Pipri. |
Ditto |
|
81. |
All Labour Inspectors posted at different places in Mirzapur Region, Mirzapur. |
Ditto |
|
82. |
Assistant Labour Commissioner, Jhansi Region, Jhansi |
Jhansi Region consisting of the districts of Jhansi, Lalitpur, Banda, Hamirpur and Jalaun. |
|
83. |
All Labour Inspectors posted at different places in Jhansi Region, Jhansi. |
Ditto |
(i) no employer shall on any day during the period aforesaid open his shop before 8 a.m. or keep open after 10 p.m.;
(ii) the employees who are required to work beyond the prescribed hours of work shall be paid wages at twice the ordinary rate for every hour of such overtime work;
(iii) if any employee is required to work on a closed day or a public holiday, whether for the whole day or part thereof, he shall be given a full holiday in lieu thereof within a week following such day.
Notification No. 2596/XXXVI-3-703 (S)-82, dated July 27, 1984, published in U.P. Gazette, Extraordinary, Part IV, Section (kha), dated 27th July, 1984, page 2. - In exercise of the powers under Section 29 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to appoint the officers or the officials mentioned in Column 2 of the Schedule below to be the 'Inspectors' for the purposes of the said Act within the areas mentioned against each in Column 3 thereof:Schedule
|
Sl. No. |
Officer or Official |
Local limit |
|
1 |
2 |
3 |
|
1. |
Chief Investigator, Faizabad Region, Faizabad. |
Faizabad Region consisting of districts of Faizabad, Bahraich, Bara Banki, Gonda, Partapgarh and Sultanpur. |
|
2. |
Chief Investigator, Varanasi Region, Varanasi |
Varanasi Region consisting of the district of Varanasi, Ghazipur, Ballia and Jaunpur. |
|
3. |
Chief Investigator, Jhansi Region, Jhansi. |
Jhansi Region consisting of the districts of Jhansi, Lalitpur, Banda, Hamirpur and Jalaun. |
|
4. |
Chief Investigator, G arhwal Region, Dchradun. |
Garhwal Region consisting of the districts of Dehra Dun, Chamoli, Garhwal (Pauri), Tehri-Garhwal and Uttar Kashi. |
|
5. |
Chief Investigator, Kumaun Region, Haldwani (Nainital). |
Kumaun Region consisting of the districts of Naini Tal, Almora and Pithoragarh. |
1. EAST : G.T. Road ending the bank of river Ganga.
2. WEST : Radha Raman Inter College (Daut-Ka-pul, Chhoti Line).
3. NORTH : Bansi Nallah (Temple of Nag Basuki).
4. SOUTH : Sangam Nallah ending Baini Bandh.
Conditions :1. Payment of wages at double rate for overtime work in excess of the hours fixed under Section 6 of the Adhiniyam, shall be made by the employers to their employee for every hour of such overtime work.
2. Every employee shall be allowed full day's holiday in a week by rotation.
3. Every employee who is required to work on a public holiday shall be given compensatory leave within the same week in lieu of the holiday lost.
Notification No. 846/XXXVI-3-11 (Sa)-85, dated February 15, 1985, published in U.P. Gazette, Extraordinary, dated 15th February, 1985, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to exempt all the shops and commercial establishments in the areas where polling in connection with the General Elections to the Vidhan Sabha is to be held on March 2 and March 5, 1985, for the actual day of polling from the operation of the provisions of Section 8 of the said Act on condition that if the actual day of polling in the area in which a shop or commercial establishment is situate is not the normal weekly holiday to be observed by such shop or commercial establishment, the concerned shop or commercial establishment shall observe the actual day of polling as closed day and the normal weekly holiday following actual day of polling shall be observed as a working day. Notification No. 42-M/XXXVI-3-704 (S)-83, dated September 19, 1985, published in U.P. Gazette, Extraordinary, Part IV, Section (Kha), dated 19th September, 1985, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to exempt, in public interest, all the units of Food Corporation of India, situate in Uttar Pradesh from the operation of the provisions of sub-sections (1) and (2) of Section 6 of the said ActRates of Minimum Wages of Employees in Shops and Commercial Establishments
[Vide Notification No. 735/XXXVI-3-1028 (M.W.)-76, dated June 21, 1984, published in U.P. Gazette, Extraordinary, dated 21st June, 1984, pages 3-4] - In exercise of the powers under clause (b) of sub-section (1) and clause (c) of sub-section (2) of Section 3 read with clause (i) of sub-section (1) of Section 4 of the Minimum Wages Act, 1948 (Act No. II of 1948), the Governor is pleased to revise the minimum rates of wages for employees in the employment-(1) in Commercial Establishments in Uttar Pradesh , and (2) Shops in Uttar Pradesh after shaving considered the representations received in response to the proposals published with Government Notification No. 419/XXXVI-3-1028 (M.W.)-76, dated July 8,1983 and No. 1922/XXVI-3-1028 (M. W.)-76 dated July 8, 1983 and having consulted the Advisory Board also, with effect from the date of publication of this notification in the Gazette, as below : Minimum rates of wages in respect of employees employed in employments - (1) in Commercial Establishments in Uttar Pradesh; and (2) in shops in Uttar Pradesh. 1. Basic rates of wages payable to adult employees for different classes of work will be as follows :-|
Sl. No. |
Class of work |
Minimum monthly rates of wages payable to adults employees in towns of Uttar Pradesh with population of one lakh or more |
Annual increment in the monthly rates of Column 3 |
Minimum monthly rates of wages payable in rest of Uttar Pradesh |
Annual increment in the monthly rates of Column 5 |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
1. |
Manual unskilled |
299.00 |
5.00 |
273.00 |
4.00 |
|
2. |
Manual semi-skilled |
351.00 |
8.00 |
325.00 |
5.00 |
|
3. |
Clerical Grade- |
|
|
|
|
|
|
(A) Grade-1 |
490.00 |
17.00 |
464.00 |
14.00 |
|
|
(B) Grade-2 |
425.00 |
12.00 |
399.00 |
10.00 |
Note. - The classification of above-mentioned employees is shown in the Appendix.
2. Special Allowance. - For rise in the cost of living Index over or fall up to 400 points to 510 points All-India Working Class Consumers, Cost of Living Index Series (1960-100) cost of living allowance at the rate of 50 paise per point per mensem and on increase over 510 points at the rate of rupee one per point per mensem shall be payable provided that the adjustment in cost of living allowance will be made in February and August each year on the basis of the average of the cost of living Index for July to December of the preceding year and January to June of the year in question respectively. 3. If any employee is in receipt of supplies of essential commodities at concessional rates, adjustments towards minimum wages could be made to the extent mutually agreed in writing between employer and the employee concerned. 4. The daily rates of wages shall not be less than l/26th of the corresponding monthly rates for the respective categories. 5. The hourly rates of wages shall not be less than l/6th of the daily rates. 6. The time-rates of wages payable to children and adolescents shall not be less than two-thirds and three-fourths respectively of the time-rates applicable to adult employees of concerned categories. 7. The employees, whose hours of work, including interval for rest, are less than six hours a day or thirty-six hours a week will be treated as part-time employees and their hourly rate shall not be less than one-sixth of the corresponding daily rate. [8. The above rates of wages shall not in any way operate to the prejudice of any employee. If the rate of wages (minimum wages including annual increment and dearness allowance) prevailing before coming into force of these rates are higher than the wages payable according to the above rates, the same shall be continued and paid as if they have been so fixed under the said Act as minimum wages and they shall get further annual increment and dearness allowance accordingly and in no case the same shall be reduced by any employer.] 9. The time-rates of minimum wages given above include remunerations in respect of the day of rest as contemplated under clause (b) of sub-section (1) of Section 13 of the Minimum Wages Act, 1948.Appendix
Manual unskilled. - Palledar, packer, bundlers, loaders, unloaders, peon, mazdoor, chowkidar, sweeper and employees doing work of similar nature by whatever name called or such ordinary works, which require least or no work efficiency or experience are also included. Manual semi-skilled. - Driver, Godown-keeper, weighman, rezedar, mistri, cycle repairers, scrapers of gold and silver jewellery, silver purifiers and employees doing any kind of such works by whatever named called or which includes up to some extent skill and efficiency attained by work experience and work which is completed under supervision and guidance of skilled employee that also includes unskilled supervisory work. Clerical Grade-1. - Head munim, chief accountant, accountant, head cashier, senior salesman, head clerk, office superintendent, stenographer, sales representative and employees doing any of the above types of work by whatever name called. Clerical Grade-2. - Munim, accountant, cashier, typist, clerk, salesman, ugahi, tagadagir, employees doing either of these works by whatever name called. Notification No. 574 (LL)/XXXVI (D)-630(LL)-62, dated November 24, 1966. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor of Uttar Pradesh is pleased to exempt, in public interest, the shops and commercial establishments mentioned in the Schedule below from the operation of the various provisions of the said Adhiniyam subject to the conditions specified therein :Schedule
|
Sl. No. |
Name of the shop or commercial establishment granted |
|
Section of the Adhiniyam for which exemptions granted |
|
Conditions subject to which exemption is granted |
||
|
1 |
2 |
|
3 |
|
4 |
||
|
1. |
All shops and commercial establishments in U.P. in respect of watchmen and caretakers employed by them. |
|
|
|
The periods of work and interval of rest of an employee do not spread over more than 12 hours in one day. |
||
|
2. |
All shops and commercial establishments in Aligarh which come under the categories of Groups A and B and 'Off Peak or night consumers' under the Aligarh Town Electricity Control Order, 1948. |
|
5 (1), read with Rule 3 of the U.P. Dookan aur Vanijya Adhishthan Niyamavali, 1963 |
|
So long as the Aligarh Town Electricity Control Order, 1948 remains in force in Aligarh. |
||
|
3. |
Book stalls at Railway Stations in Uttar Pradesh owned by Messrs. A. H. Wheeler Co. |
|
3(1) (a) |
(1) |
Not more than one employee in each book stall shall be treated as occupying a position of confidential, managerial or supervisory character. |
||
|
(2) |
Every such employee shall be paid, in addition to his monthly wages, two months extra wages at the ordinary rate on completion of every one year's continuous service or proportionate amount for broken periods of service if the employee's service during any year is not continued. |
||||||
|
4. |
All factories in Uttar Pradesh |
|
Section 5 (1), read with Rule 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 1963, Sections 8 (1) (b) and 9(1). |
(1) |
Every employee (except a watchman or caretaker) who is required to work on a public holiday shall be given equivalent leave of one whole day in lieu of such holiday, and as such leave accruing to the employee shall be entered within three days of its thus occurring in the leave register of the factory as well as in the holiday book, a copy of the relevant entry whereof shall be given to every such employee. |
||
|
(2) |
The leave so credited to the account of an employee during any one calendar year shall, if applied for the employee, be granted to him within such calendar year. |
||||||
|
|
If the employee does not so avail himself of the leave or any part thereof during the calendar year, it will be carried over to the next calendar year, but no further. |
||||||
|
(3) |
The employment of an employee on a public holiday for a part only of the day shall entitle the employee to a whole day's leave. |
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|
5. |
(i) Messrs, Burmah Shell Co. of India, and (ii) Vacuum Pan Sugar Factories in Uttar Pradesh in respect of their drivers of motor vehicles when they are on duty out-stations from their headquarters. |
|
Section 5 (1), read with Rule 3 of the Niyamavali, 6 (1) (c) and (7). |
(1) |
No driver shall be required to work overtime exceeding 75 hours in any quarter or 300 hours in one year. |
||
|
(2) |
Any driver employed in excess of the hours of work fixed under clause (c) of sub-section (8) of Section 6 shall be paid wages at twice the ordinary rate for every hour of such overtime work. |
||||||
|
6. |
All the electric concerns in Uttar Pradesh |
|
Section 5 (1), read with Rule 3 of (1) the Niyamavali, 6 (1) (c), 8 (1) and 9. |
(1) |
The employees shall be allowed two days' holidays in the course of each period of 14 days of employment. |
||
|
(2) |
The total hours of work put in by a worker during a period of 4 weeks shall be such that his weekly average does not exceed 56 hours. |
||||||
|
(3) |
Payment of wages for overtime work in excess of the hours fixed under clause (c) of sub-section (1) of Section 6 of the Adhniyam shall be made by the employer to the employee at twice the ordinary rate for every hour of such overtime work. |
||||||
|
(4) |
Overtime work shall not exceed 220 hours in the aggregate in any year. |
||||||
|
(5) |
Where a worker is deprived of a holiday for which provision is made in Section 9 (i) he shall be allowed equal number of holidays during that calendar year in lieu of the holidays so lost. |
||||||
|
7. |
Temporary exhibition and/or fairs |
|
From all sections of the Adhiniyam |
|
Permission in writing shall be obtained from the District Magistrate of the district concerned or the Chief Inspector of Shops for holding such temporary exhibitions and/or fairs. |
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|
8. |
All the waterworks maintained by Private Companies in Uttar Pradesh |
|
Section 5 (1), read with Rule 3 of the Niyamavali, 6 (1) (c), 8 (1) (a) and 9 (ii). |
(1) |
Employees shall be allowed two days' holidays in the course of each period of 14 days of employment. |
||
|
(2) |
The total hours of work put in by an employee during a period of 4 weeks shall be such that his weekly average does not exceed 56 hours. |
||||||
|
(3) |
Payment of wages for overtime work in excess of the hours fixed under clause (c) of sub-section (1) of Section 6 of the Adhiniyam shall be made by the employer to the employee at twice the ordinary rate for every hour of such overtime work. |
||||||
|
(4) |
Overtime work shall not exceed 55 hours in any quarter. |
||||||
|
9. |
The electric supply companies in Uttar Pradesh in respect of their sub-station attendance, motor drivers, telephone attendants and persons attending to complaints on breakdowns in the main services and street lights. |
|
Section 7 |
|
Nil. |
||
|
10. |
All such shops and commercial establishments as allowed their watchmen or caretakers a weekly holiday in accordance with Section 9 (ii) of the said Adhiniyam. |
|
Proviso to sub-section (1) of Section 10 |
|
Every such watchmen or caretaker shall be given the benefit of 15 days ordinary leave provided for in sub-section (1) of Section 10 of the Adhiniyam. |
||
|
11. |
The grain procurement centres opened in connection with the grain procurements scheme. |
|
Section 8 (1) (a) and 9 (ii) |
|
Nil. |
||
|
12. |
All shops and commercial establishments in U.P. in regard to the close-day if it falls on Dushhera or Holi festival. |
|
Section 8 (1) (a) |
|
The employers concerned shall observe some other day as close-day during the same week which will be fixed by the District Magistrate concerned. |
||
|
13. |
All shops and commercial establishments in Uttar Pradesh for three days from the day of Dhanteras to Diwali and for three days preceding the Id festival. |
|
Section 5 (1), read with Rule 3 of the Niyamavali and 8 (1) (a) |
(1) |
They may open before 10 a.m. but not before 8 a.m. and close after 8 p.m. but not after 11 p.m. |
||
|
(2) |
They shall pay to such of their employees, as are required to work overtime wages and twice the ordinary rate for every hour of such overtime work, and |
||||||
|
(3) |
They shall, in lieu of a weekly close-day falling during the said period of three days, observe close day within a period of 15 days after the Id/Dewali festival [as is fixed by the District Magistrate concerned] and also allow a full day's leave to their employees on that day. |
||||||
|
In the event of a public holiday as prescribed under clause (b) of sub-section (1) of Section 8 or mentioned in clause (i) of Section 9 falling within three days preceding Diwali or three days preceding Id festival, the shops and commercial establishment in lieu of the said public holiday, may observe an additional close-day as may be fixed by the District Magistrate concerned in this period of 15 days of the day on which the public holiday in question ordinarily have been observed.] |
|||||||
|
14. |
All the branches of State Bank of India, Uttar Pradesh. |
|
Sections 6 (1) (c), 8 (1) (b) and 9(i) |
(1) |
The extra hours of work of an employee in other than a young person in excess of the hours of work prescribed-in Section 6 of the Adhiniyam shall not exceed 50 hours in a quarter. |
||
|
|
|
|
|
(2) |
Overtime for such extra hours of work in excess of the hours fixed under clause (c) of sub-section (1) of Section '6 of the Adhiniyam shall be paid by the employer at twice the ordinary rate for every hours of such overtime work or according to such higher rate, if any, as may be for the time being in force under any award or order or settlement under the Industrial Disputes Act, 1947, or any other legislation relating to industrial disputes in respect of the bank and its branches. |
||
|
|
|
|
|
(3) |
Any employee who is called to work on a public holiday whether for the whole day or part thereof shall be given one whole day's holiday in lieu thereof during the same calendar year: |
||
|
|
|
|
|
|
Provided that, if under any award or order or settlement under the Industrial Disputes Act, 1947 (Act No. XIV of 1947), or any other legislation relating to industrial disputes the banks are required to pay overtime at any specified rate to such employees for work on the holidays, the above conditions shall not apply for so long as such settlement or award or order is in force and complied with. |
||
|
|
|
|
|
|
Before the 15th of the month following the month in which any holiday prescribed under Section 8 (1) (b) of the Adhiniyam falls, the employers shall send to the Chief Inspector of Shops and Commercial Establishments, Uttar Pradesh, Kanpur, and to the Inspector concerned a list of the persons required to work on that holiday together with details of the compensation in lieu of such working allowed or proposed to be allowed to the employees. |
||
|
15. |
All established of Ferozabad which operate Pakki Bhatties (Firing furnace) for brightening and painting of glass bangles. |
|
Section 8 (1) (a) |
|
Nil |
||
|
16. |
All shops and commercial establishments which have been performing religious and other other ceremonies for celebrating the functions of opening of new Bahi Khatas, on the days which such ceremonies are usually performed if such days on a close day or on a public holiday prescribed under the Adhiniyam. |
|
Sections 8 (1) and 9 (1) |
(1) |
The Shops and Commercial Establishments opening on the close-day or public holiday shall observe another close-day or holiday within the same week or in the following in week as is approved by the District Magistrate concerned. |
||
|
(2) |
The employees shall obtain previous approval for the change of the close-day or the public holiday from the District Magistrate and communicate approval to the Inspector concerned at least 24 hours before the change is effected. |
||||||
|
(3) |
A copy of the notice notifying the change shall be displayed in the shop and commercial establishment at a conspicuous place before the change is effected. |
||||||
|
17. |
Messrs. Caltex (India) Limited in respect of their drivers and helpers of motor vehicles, when they are on duty out of station from their headquarters. |
|
Section 6 (1) (c) |
(1) |
No driver or helper shall be required to work overtime exceeding 75 hours in any quarter. |
||
|
(2) |
Any driver or helper employed on overtime shall be entitled to receive paid wages for overtime word in excess of the hours fixed under clause (c) of sub-section (1) of Section 6 of the Adhiniyam by the employer at twice the ordinary rate for every hour of such overtime work. |
||||||
|
18. |
The shops and commercial establishments of stamp vendors situated in towns in U.P., where the Act is in force. |
|
Section 8 (1) |
(1) |
The employees from whom work is taken on the close-day and which is also their weekly holiday shall be allowed another weekly holiday in the same week in accordance with Section 9 (ii) of the Adhiniyam. |
||
|
(2) |
The employers made to work on any public holiday prescribed under Section 8 (1) (b) of the Adhiniyam, shall be given a whole day's holiday in lieu thereof in the same week. |
||||||
|
(3) |
A notice of the holiday proposed to be given in lieu of a prescribed public holiday shall be displayed in the employer's premises at a conspicuous place before work is taken from the employees on the prescribed public holiday, and a copy of the said notice shall be sent also to the Inspector concerned at least 24 hours before such work is taken from the employees. |
||||||
|
19. |
All shops and commercial establishments at Taj Mahal, Agra, the archaeological area, Agra Fort and the Tomb of Itimad-ud-daula, Agra, dealing in the following articles: |
|
Section 5 (1), read with Rule 3 of the Niyamavali, 8 (1) and 9(i) |
|
The employees required to work on a public holiday whether for a whole day or part shall get a full day's holiday in lieu thereof within a week following such day. |
||
|
|
A-Taj Mahal compartments with verandahs below Saheli Burj at the south-west end of outer Fore-court, on the south of the road running from Fatehpuri Gate of Fatehabad Gate : |
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|
|
|
||
|
|
(1) |
Photos, pictures, postcards, albums of views, films and guide books. |
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|
|
|
|
|
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(2) |
Marble, alabaster and soapstone articles. |
|
|
|
|
|
|
|
(3) |
Brassware. |
|
|
|
|
|
|
|
(4) |
Tea, coffee, aerated water, sharbat, biscuits and cakes. |
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|
|
|
|
|
|
B-Agra Fort, 1st floor west of Machchi Bhawan: |
|
|
|
|
||
|
|
(1) |
Photos, picture-postcards, albums of views, films, paintings (excluding paintings on ivory) and guide books, but the sale of the latter will not entitle the lessees to raise any objection to the sale of departmental guide books at the Amar Singh Gate. |
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|
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(2) |
Marble, alabaster and soapstone articles, but no articles of jewellery made from any other stones. |
|
|
|
|
|
|
|
(3) |
Old and new shawls, carpets (floor coverings) made of wool or cotton, furs, cotton, woollen and silken thread embroidery printed purdahs, tiedye scarfs (but no embroidery of any other kind). |
|
|
|
|
|
|
|
(4) |
Ivory (obtained from elephant tusks and other substances resembling ivory or made in imitation of it exclusive, however, of objects made from plastic material) and woodwork including jewellery made from them, painting on ivory, papierry mache, imitation fruits and small toys of Lucknow pattern (but no dolls). |
|
|
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|
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(5) |
Brassware, including jewellery made of brass as basic material but including jewellery made of chemical gold, rolled gold or any other material. |
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|
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|
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(6) |
Jewellery excluding that made from marble, alabaster, soapstone wood, brass, plastic and ivory (obtained from elephant tusks or other substances resembling ivory or made in imitation of it) as basic material gold, silver and tinsel embroidery. |
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|
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|
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C-Agra Fort, portion of verandah adjoining the south gatway of the Diwan-i-Am quadrangle. |
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||
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|
|
Tea, coffee aerated water, sharbat, buscuits and cakes. |
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|
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|
|
D-Itimad-ud-Daula, sideways at the entrance gateway: |
|
|
|
|
||
|
|
(1) |
Photos, picture-postcards, albums Of views, films, guide books and brassware. |
|
|
|
|
|
|
|
(2) |
Marble, alabaster and soapstone articles. |
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|
|
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|
|
E-Shops in Tajganj area situated outside the Taj Mahal compartments below Saheli Burj at the south-west end of outer forecourt which mainly deal in handicraft, jewellery, marble goods, embroidery and photo exclusively for the tourists. |
|
|
|
|
||
|
20. |
Shops and commercial establishments carrying the business of Gur-Khandsari manufactured in U.P. |
|
Section 8(1) (a) |
|
Nil |
||
|
21. |
All shops of authorised retail distributors of Government foodgrains and controlled in U.P. |
|
Section 8(1) (a) |
|
Nil |
||
|
22. |
The banks situated in U.P. for two days preceding the day of closing of the half-yearly and annual accounts in June and December each year, respectively. |
|
Section 5 (1), read with Rule 3 of the Niyamavali, 6 (1) (c), 8 (1) (a) and 9 (ii). |
(1) |
The employees shall not be required to work after twelve midnight. |
||
|
(2) |
Payment of wages for overtime work in excess of the hours fixed under clause (c) of sub-section (i) of Section 6 of the Adhiniyam, shall be made by the employer to the employee at twice the ordinary rate for every hour of such overtime work. |
||||||
|
(3) |
The limit of overtime work taken from any employee shall not exceed 50 hours in any quarter. |
||||||
|
(4) |
Where any of the two days for which the exemption has been allowed under this notification falls on the close day the entire work taken from any employee on such day shall then be treated as overtime and payment at not less than double the normal rate of remuneration shall be made therefor. |
||||||
|
23. |
All hotels, restaurants and shops and commercial establishments of Halwais situated in Municipal and Cantonment areas of Naini Tal and Mussoorie for the months of May, June, September and October every year. |
|
Sections 6 (1) (c) and 9 (ii) |
(1) |
The limit of hours for overtime work for the employees in a year shall be 200 hours. |
||
|
(2) |
Payment of wages for overtime work in excess of the hours fixed under clause (c) of sub-section (1) of Section 6 of the Adhiniyam shall be made by the employer to the employee at twice the ordinary rate for every hour of such overtime work. |
||||||
|
(3) |
The employees shall be paid along with their monthly wages one day's extra wages for each weekly holiday not given to them in addition to their wages for such holidays under Section 12 of the Adhiniyam. |
||||||
|
24. |
All shops and commercial establishments in U.P. if weekly close-day falls on Republic Day on January 26, or Independence Day on August 15. |
|
Sections 8(1) (a) and 9 (ii) |
|
In lieu of that day, the employer shall close his shop or commercial establishment and give a full day's holiday to his employees on such other day in the week as may be fixed by the District Magistrate. |
||
|
25. |
All shops and commercial establishments in the Municipal and Cantonment areas of Mathura on the day of 'Diwali Parewa'. |
|
Sections 8 (1) (b) and 9 (i) |
|
The employers shall close their shops and commercial establishments and allow a full day's holiday to their employees in lieu thereof on such other day during the following week as may be fixed by the District Magistrate. |
||
|
26. |
All shops and commercial establishments of glass, silicate and salt refineries in U.P. |
|
Sections 8 (1) and 9 (1) |
(1) |
The exemptions shall apply to the process of manufacturing and to the employees employed therein and to no other process carried on in the factory. |
||
|
(2) |
The employees who are required to work on any public holiday under Section 8 (1) (b) of Adhiniyam, shall be given leave in lieu thereof within a fortnight of such holiday and an intimation shall be sent to the Inspector concerned at least 24 hours in advance before taking such work on public holiday. |
||||||
|
(3) |
Payment of wages for overtime work in excess of the hours fixed under clause (c) of sub-section (1) of Section 6 of the Adhiniyam shall be made by the employer to the employees at twice the ordinary rate for every hour of such overtime work. |
||||||
|
27. |
All the Cane Co-operative Societies in U.P. which are registered under Co-operative Societies Act, 1912 for the period of Cane Crushing Season from November 15 to April 30 each year. |
|
Section 5 (1) read with Rule 3 of the Niyamavali, 6 (1) (c), 8(1) and 9. |
(1) |
Payment of wages for overtime work in excess of the hours fixed under clause (c) of sub-section (1) of Section 6 of the Adhiniyam shall be made by the employer to the employees at twice the ordinary rate for every hour of such overtime work. |
||
|
(2) |
Overtime work shall not exceed 220 hours in the aggregate in any year. |
||||||
|
(3) |
When an employee is deprived of a holiday for which provision has been made in Section 9 (i) he shall be allowed an equal number of compensatory holidays on full wages immediately after the close of the current cane-crushing season. |
||||||
|
(4) |
The employees shall be allowed two days' holidays in the course of each period of 14 days. |
||||||
|
28. |
Messrs. Imperial Tobacco Co. of India Ltd., Kanpur Branch, Kanpur. |
|
Section 5 (1) read with Rule 3 of the Niyamavali, and Section 7. |
|
No employee shall be required by the employer to work before 7.15 a.m., and after 1.15 p.m. without any interval for rest or meals in between during the above period. |
||
|
29. |
The brick-kilns and lime-kilns which are situated in the Municipal and Cantonment areas of those towns where provisions of the said Act are in force in so far as the process of burning bricks and lime is concerned. |
|
Sections 8 (1) and 9 (i) |
|
Public holidays on which an employee is required to work shall be paid at a rate not less than double the rate of his normal remuneration calculated by the hour. |
||
|
30. |
All shops and commercial establishments situated in Pratappura locality of Agra and dealing in marble goods and jewellery for the period from November to March each year. |
|
Sections 8 (1) and 9 (i) |
(1) |
Every employee shall be allowed one full day's holiday in a week by rotation. |
||
|
(2) |
Every employee who is required to work on a public holiday shall be given compensatory holiday within the same week in lieu of the holiday so lost. |
||||||
|
31. |
Establishment of Indian Air Lines Corporation in U.P. |
|
Sections 6(1) (c), 7 and 9 (ii) |
(1) |
No employee shall be required to work for more than 48 hours in a week and in case employee is required to work for more than the prescribed hours, viz. 8 hours per day, he shall be paid wages for overtime work in excess of the hours fixed under clause (c) of sub-section (1) of Section 6 of the Adhiniyam by the employer at twice the ordinary rate for every hour of such overtime work. |
||
|
|
|
|
|
(2) |
Sunday allowance shall be paid at the rate and in accordance with the Rules 56-57 of the service rules of the corporation even if the employee has to work for one Sunday in a month. |
||
|
32. |
All shops and commercial establishments situated in the Municipal area of Chitrakut Dham excluding the area formerly comprising the Town Area of Chitrakut of Ram Naumi and every Amavasya every year. |
|
Section 8 (1) (a) |
|
The employers shall in lieu of such holiday observe close holiday on the day following such holiday and also allow a full day's holiday to their employees on that day. |
||
|
33. |
All cycle stands situated on the Railway Road, Bazaria area, Ghaziabad. |
|
Sections 8 (1) and 9 (i) |
|
When an employee is deprived of any public holiday under Section 8 (1) (b) of the Act he shall be allowed compensatory holiday in the same week in which that holiday occurs. |
||
|
34. |
Shops and commercial establishments of- (i) Messrs. Ganeshi Lal & Sons. (ii) Messrs. Munshi Lal & Sons. (iii) Messrs. Munshi Krishna Lai & Sons situated on M.G. Road, Agra, and dealing in marble goods and jewellery. |
|
Sections 8 (1) and 9 (i) |
(1) |
Every employee shall be allowed one full day's holiday in a week by rotation. |
||
|
(2) |
Every employee who is required to work on a public holiday shall be given compensatory holiday within the same week in lieu of the holiday so lost. |
||||||
|
35. |
Messrs. ESSO Standard Eastern Inc. in respect of drivers and helpers of motor vehicles in their depots in U.P. when they are on duty outstation from their Headquarters. |
|
Section 6 (1) (e) |
(1) |
No driver or helper shall be required to work overtime exceeding 75 hours in any quarter. |
||
|
(2) |
Any driver or helper employed on overtime shall be paid wages for overtime work in excess of the hours fixed under clause (c) of sub-section (1) of Section 6 of the Adhiniyam at twice the ordinary rate for every hour of such overtime work. |
||||||
|
36. |
The shops and commercial establishments situated in the Municipal area, Hardwar and engaged in the manufacturing of Catechu from November 15 to March 15 every year. |
|
Section 8 (1) (a) |
|
Nil |
||
|
37. |
All shops and commercial establishments engaged in the work of handloom weaving in the State. |
|
Section 8 (1) (a) |
|
Nil |
||
|
38. |
All shops and commercial establishments in the Municipal area, Kannauj, which are engaged in the extraction of Sandal Oil (Chandan). |
|
Section 8 (1) (a) |
|
Nil |
||
|
39. |
All shops and commercial establishments situated within the Municipal Areas of Gola Gokarannath (Kheri) on the following occasions: |
|
Section 8 (1) (a) and 9 (ii) |
|
Any employee of shops and commercial establishments who will be deprived of any weekly holidays shall be allowed compensatory holidays for as many days as he has lost weekly holidays during the above period (as given in Column 2) within a month of the end of the respective period with at least three days' notice to the Labour Inspector. The employers shall in lieu of that close-day observe another close-day on the next day and also allow a full day's holiday to their employees on that day. |
||
|
(1) |
Shivratri Mela (from Phalgun Badi 10 to Phalgun Sudi 2)- 8 days. |
||||||
|
(2) |
Chaitra Mela (from Chaitra Badi 10 to Chaitra Sudi 15)-21 days. |
||||||
|
(3) |
Shravan Mela (from Shravan Badi 1 to Shravan Sudi 15)-30 days. |
||||||
|
(4) |
Amawasya Mela and Jeshthan Dashehra Mela if they fall on weekly close days. |
||||||
|
40. |
All shops and commercial establishments of those photographers at Pratappura, Agra, who are granted special import licence under Tourist Coupon Scheme. |
|
Sections 8 (1) and 9 (i) |
(1) |
Every employee shall be allowed one full day's holiday in a week by rotation. |
||
|
(2) |
Every employee who is required to work on a public holiday shall be given compensatory holiday, within' the same week in lieu of the holiday so lost. |
||||||
|
41. |
Government U.P. Handicraft Show Rooms throughout the State of U.P. |
|
Sections 12, 14 and 39 |
|
Nil |
||
|
42. |
The following shops and commercial establishments of the National Small Industries Corporation Ltd., New Delhi situated in U.P. |
|
Sections 6 (1) (c) and 14 |
(1) |
The overtime work taken by the employers from their employees shall not exceed 200 hours in the aggregate in any year. |
||
|
(1) |
Footwear Export Cell, National Small Industries Corporation Ltd., 17, The Mall, Agra, Cantt. |
(2) |
Payment of wages for overtime work in excess of the hours fixed under clause (c) of sub-section (1) of Section 6 of the Adhiniyam shall be made by the employer to the employees at twice the ordinary rate for every hour of such overtime work. |
||||
|
(2) |
Agra Depot, National Small Industries Corporation Ltd., 17, The Mall, Agra Cantt. |
||||||
|
(3) |
Khuraj Depot, National Small Industries Corporation Ltd., G.T. Road Khurja. |
||||||
|
43. |
All shops and commercial establishments of Sri Gandhi Ashram throughout the State of U.P. |
|
Sections 14 and 39 |
|
Nil |
||
|
44. |
Sugar godowns of Messrs. Govind Sugar Mills Ltd., Aira, district Kheri, situated in Lakhimpur. |
|
Section 8 (1) (a) |
(1) |
The employees working in the godowns shall be allowed by mill authorities one full day's holiday in a week by rotation. |
||
|
(2) |
The mill authorities shall prepare for this purpose a register of weekly holidays of each worker and submit to the Labour Commissioner prior to the enforcement of the above exemption. |
||||||
|
(3) |
The above exemption is for the loading and unloading of sugar bags and for no other purpose. |
||||||
|
45. |
Shops and commercial establishments exclusively dealing in hire of rickshaws and cycles. |
|
Section 5 (1), read with Rule 3 of the Niyamavali and 8 (1) |
|
Nil |
||
Schedule
|
Sl. No. |
Name of the shop or commercial establishments |
Section of the Adhiniyam for which exemptions granted |
|
Conditions subject to which exemption is granted |
|
1 |
2 |
3 |
|
4 |
|
1. |
All shops and commercial establishments situated in the municipal and cantonment areas of Mathura, on the following occasions : (i) Mundia Puno Fair at Govardhan- six days (from Ashadh Shukla 13 to Shrawan Krishna 3). (ii) Shrawan Jhoola-seventeen days (from Shrawan Shukla 9 to Bhadrapad Krishna 10). (iii) Kartiki Mela-eighteen days (from Kartiki Krishna 8 to Kartiki Shukla 10). |
Sections 5 (1) (c), 6 (1) and 9. |
(1) |
The limit of overtime work taken from any employee shall not exceed 200 hours in the aggregate in any year. |
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(2) |
The employees of the shops and commercial establishments who shall be required to work for more than 8 hours on any days, shall be paid for such additional hours of work on that day at the rates which shall not be less than twice the ordinary rate, for every hour of such overtime work. |
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(3) |
Any employee of shops and commercial establishments, who will be deprived of any weekly or public holiday, shall be allowed compensatory holiday for as many days as he has lost weekly or public holidays during the above period within fortnight of the respective period. |
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2. |
All shops and commercial establishments situated in Ayodhya (area of Faizabad Municipality to the east of Jalpa Nala) on the following occasions : |
Ditto |
|
Ditto |
|
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(1) Shrawan Jhula Fair from Shrawan Sudi 1 to Bhadon Badi 5. |
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(2) Kartiki Mela from Kartiki Sudi 7 to Agahan Badi 3. |
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(3) Ram Naumi Mela from Chaitra Sudi 6 to Chaitra Sudi 13. |
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3. |
All shops and commercial establishments situated in Hardwar on the following occasions: |
Sections 8 (1) (a) and 9 (ii) |
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Employees of shops and commercial establishments who shall be deprived of any weekly holiday falling within the period for which this exemption is granted shall in lieu of those holidays be allowed by the employer, compensatory holidays, for as many days as they are deprived of weekly holidays within a fortnight of the end of the respective periods. |
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(1) Ganga Dashehra from Jyeshth Shukla 1 to Jyeshth Shukla 15. |
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(2) Beginning of the Shrawani month. Shrawani Ashnan and Pumamashi from Shrawan Krishna 1 to Shrawan Shukla 15. |
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4. |
All shops and commercial establishments Ditto in Brindaban on the following occasions : |
Ditto |
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Ditto |
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(1) Holi and Rath Mela from Phalgun Shukla 11 to Chaitra Krishna 11. |
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(2) Sri Banke Behari Ka Charan Darshan from Vaishakh Shukla 2 to Vaishakh Shukla 5. |
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(3) Jhula and Krishna Janmaashtami from Shrawan Shukla 2 to Bhadrapad Krishna 10. |
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(4) Dipawali from Kartiki Krishna 12 to Kartiki Shukla 15. |
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1. Sections 5(i), 8. - (1) Exemption from these sections is granted only for the months of April, May and June every year.
(2) The employers shall allow weekly rest to each of their employees by rotation and shall communicate the information regarding the days of rest of each of their employees to the Labour Inspector of the area and the Deputy Labour Commissioner, Agra, prior to the month of April every year.
2. Section 10. - The employers shall allow leave benefits as per rules of the Nigam to only those of their employees who opt in writing for the same in preference to the relevant provisions under the Adhiniyam and shall submit a list of such employees to the Labour Inspector of the area and the Deputy Labour Commissioner, Agra.
3. Section 32. - The employers shall continue to maintain the attendance register, wage register and the service book in the same proforma and in the same manner as they are maintained in the case of State Government employees at present
Notification No. 1655/XXXVI-3-12(S)-85, dated May 31, 1986, published in the U.P. Gazette (Extraordinary), Part-4, Section (kha), dated 31st May, 1986, page 2. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P Act No. XXVI of the 1962), the Governor is pleased to direct that all the provisions of the said Adhiniyam shall, with effect from the date of the publication of this notification in the Gazette, apply to all the shops and commercial establishments situated in the 'Industrial Development Area' to be called New Okhla Industrial Development Area by Government Notification No. 4157/HI/XVIII-(II), dated April 17, 1976, under the provisions of Uttar Pradesh Industrial Area Development Act, 1976. Notification No. 2363/XXXVI-3-15(S)-84, dated August 22,1986, published in the U.P. Gazette (Extraordinary), Part-4, Section (Kha), dated 22nd August, 1986, page 2. - In exercise of the powers of under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to exempt in public interest the Industrial Development Bank of India, Kanpur, from the operation of all the provisions of the said Adhiniyam. Notification No. 2605/XXXVI-3-703(S)-82, dated September 4, 1986, published in the U.P. Gazette (Extraordinary), Part-4, Section (kha), dated 4th September, 1986, pages 4-7. - In exercise of the powers under Section 29 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. 26 of the 1962), read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904) and in supersession of all previous notifications issued in this behalf, the Governor is pleased to appoint the officers/officials mentioned in Column 2 of the Schedule below to be 'Inspectors' for the purposes of the said Act within the areas mentioned against each in Column thereof.Schedule
|
Serial No. |
Officers/Officials |
Area (showing local limit) |
|
1 |
2 |
3 |
|
1. |
All Additional Labour Commissioners posted in the Office of Labour Commissioner, U.P., Kanpur. |
Kanpur Region consisting of districts of Kanpur Nagar, Kanpur Dchat, Etawah, Unnao and Farrukhabad. |
|
2. |
All the Deputy Labour Commissioners posted in the office of the Labour Commissioner, Uttar Pradesh, Kanpur. |
Ditto. |
|
3. |
All the [Assistant Labour Officers] posted in the office of the Labour Commissioner, Uttar Pradesh Kanpur. |
Ditto. |
|
4. |
All the Assistant Trade Union Inspectors posted in the office of the Labour Commissioner, Uttar Pradesh, Kanpur. |
Ditto. |
|
5. |
All the Welfare Inspectors posted in the office of the Labour Commissioner, Uttar Pradesh, Kanpur. |
Ditto. |
|
6. |
All the Chief Senior Investigators posted in the office of the Labour Commissioner, Uttar Pradesh, Kanpur. |
Ditto. |
|
7. |
Additional Labour Commissioner, Uttar Pradesh, Kanpur Region, Kanpur. |
Ditto. |
|
8. |
All the Labour/Conciliation Officers posted anywhere in Kanpur Region. |
Ditto. |
|
9. |
Assistant Welfare Officer, Kanpur Region. |
Ditto. |
|
10. |
All the [Assistant Labour Officers] posted anywhere in Kanpur Region. |
Ditto. |
|
11. |
Welfare Inspector, Kanpur Region. |
Ditto. |
|
12. |
Chief Investigator, Kanpur Region. |
Ditto. |
|
13. |
Deputy Labour Commissioner, Allahabad Region, Allahabad. |
Allahabad Region consisting of the district of Allahabad and Fatehpur. |
|
14. |
All the Labour/Conciliation Officer posted anywhere in Allahabad Region. |
Ditto. |
|
15. |
Assistant Welfare Officer, Allahabad Region. |
Ditto. |
|
16. |
Assistant Trade Union Inspector, Allahabad Region. |
Ditto. |
|
17. |
Chief Investigator, Allahabad Region. |
Allahabad Region consisting of the district of Allahabad and Fatehpur. |
|
18. |
Welfare Inspector, Allahabad Region. |
Ditto. |
|
19. |
All the [Assistant Labour Officers] posted anywhere in Allahabad Region. |
Ditto. |
|
20. |
Deputy Labour Commissioner, Meerut Region. |
Meerut Region consisting of the districts of Meerut, Muzaffamagar and Saharanpur. |
|
21. |
All the Labour/Conciliation Officers posted anywhere in Meerut Region. |
Ditto. |
|
22. |
Assistant Welfare Officer, Meerut Region. |
Ditto. |
|
23. |
Assistant Trade Union Inspector, Meerut Region. |
Ditto. |
|
24. |
Chief Investigator, Meerut Region. |
Ditto. |
|
25. |
Welfare Inspector, Meerut Region. |
Ditto. |
|
26. |
All the [Assistant Labour Officers] posted anywhere in Meerut Region. |
Ditto. |
|
27. |
Deputy Labour Commissioner, Agra Region, Agra. |
Agra, Region consisting of the district of Agra, Aligarh, Etah, Mainpuri and Mathura. |
|
28. |
All the Labour/Conciliation Officers posted anywhere in Agra Region. |
Ditto. |
|
29. |
Assistant Welfare Officer, Agra Region. |
Ditto. |
|
30. |
Assistant Trade Union Inspector, Agra Region. |
Ditto. |
|
31. |
Chief Investigator, Agra Region. |
Ditto. |
|
32. |
Welfare Inspector, Agra Region. |
Ditto. |
|
33. |
All the [Assistant Labour Officers] posted anywhere in Agra Region. |
Ditto. |
|
34. |
Deputy Labour Commissioner, Gorakhpur Region. |
Ditto. |
|
35. |
All the Labour/Conciliation Officers posted anywhere in Gorakhpur Region. |
Ditto. |
|
36. |
Assistant Welfare Officers, Gorakhpur Region. |
Ditto. |
|
37. |
Assistant Trade Union Inspector, Gorakhpur Region. |
Ditto. |
|
38. |
Welfare Inspector, Gorakhpur Region. |
Ditto. |
|
39. |
Chief Investigator, Gorakhpur Region. |
Ditto. |
|
40. |
All the [Assistant Labour Officers] posted anywhere in Gorakhpur Region. |
Gorakhpur Region consisting of the districts of Gorakhpur Basti, Deoria and Azamgarh. |
|
41. |
Deputy Labour Commissioner, Lucknow Region, Lucknow. |
Lucknow Region consisting of the Lucknow, Hardoi, Khcri, Rae Bareli and Sitapur. |
|
42. |
All the Labour/Conciliation Officers posted anywhere in Lucknow Region. Ditto |
|
|
43. |
Assistant Welfare Officer, Lucknow Region. Ditto |
|
|
44. |
Assistant Trade Union Inspector, Lucknow Region. |
Ditto. |
|
45. |
Chief Investigator, Lucknow Region. |
Ditto. |
|
46. |
Welfare Inspector, Lucknow Region. |
Ditto. |
|
47. |
All the [Assistant Labour Officers] posted anywhere in Lucknow Region. |
Ditto. |
|
48. |
Deputy Labour Commissioner, Faizabad Region Faizabad. |
Faizabad Region, consisting of the districts of Faizabad, Bahraich, Bara Banki, Gonda, Pratapgrah and Sultanpur. |
|
49. |
All the Labour/Conciliation Officers posted anywhere in Faizabad Region. |
Ditto. |
|
50. |
All the [Assistant Labour Officers] posted in Faizabad Region. |
Ditto. |
|
51. |
Chief Investigator, Faizabad Region. |
Ditto. |
|
52. |
Deputy Labour Commissioner, Bareilly Region, Bareilly. |
Bareilly Region consisting of the districts of Bareilly, Budaun, Pilibhit and Shahjahanpur. |
|
53. |
All the Labour/Conciliation Officers posted anywhere in Bareilly Region. |
Ditto. |
|
54. |
Assistant Welfare Officer, Bareilly Region. |
Ditto. |
|
55. |
Assistant Trade Union Inspector, Bareilly Region. |
Ditto. |
|
56. |
Welfare Inspector, Bareilly Region. |
Ditto. |
|
57. |
Chief Investigator, Bareilly Region. |
Ditto. |
|
58. |
All the [Assistant Labour officers] posted anywhere in Bareilly Region. |
Ditto. |
|
59. |
Deputy Labour Commissioner, Moradabad Region, Moradabad. |
Moradabad Region consisting of the districts of Moradabad, Rampur and Bijnor. |
|
60. |
All the Labour/Conciliation Officers posted anywhere in Moradabad Region. |
Ditto. |
|
61. |
All the [Assistant Labour Officers] posted anywhere in Moradabad Region. |
Ditto. |
|
62. |
Deputy Labour Commissioner, Varanasi Region, Varanasi. |
Varanasi Region consisting of the districts of Varanasi Ghazipur, Ballia and Jaunpur. |
|
63. |
All the Labour/Conciliation Officers posted in Varanasi Region. |
|
|
64. |
All the [Assistant Labour Officers] posted anywhere in Varanasi Region. |
Ditto. |
|
65. |
Chief Investigator, Varanasi Region. |
Ditto. |
|
66. |
Deputy Labour Commissioner, Garhwal Region, Dehra Dun. |
Garhwal Region consisting of the district of Dehra Dun, Chamoli, Garhwal (Pauri), Tehri-Garhwal and Uttar Kashi. |
|
67. |
All the Labour/Conciliation Officers- posted anywhere in Garhwal Region. |
Ditto. |
|
68. |
All the Labour Inspectors posted anywhere in Garhwal Region. |
Ditto. |
|
69. |
Chief Investigator, Garhwal Region, Dehra Dun. |
Ditto. |
|
70. |
Deputy Labour Commissioner, Kumaun Region. |
Kumaun Region consisting of districts of Naini Tal, Almora, and Pithoragarh. |
|
71. |
All the Labour/Conciliation Officers posted anywhere in Kumaun Region. |
Ditto. |
|
72. |
All the [Assistant Labour Officers] posted anywhere in Kumaun Region, Haldwani (Naini Tal). |
Ditto. |
|
73. |
Chief Investigator, Kumaun Region, Haldwani, Naini Tal. |
Ditto. |
|
74. |
Deputy Labour Commissioner, Ghaziabad Region, Ghaziabad. |
Ghaziabad Region consisting of the districts of Ghaziabad, and Bulandshahr. |
|
75. |
All the Labour/Conciliation Officers posted anywhere in Ghaziabad Region. |
Ditto. |
|
76. |
All the [Assistant Labour Officers] posted anywhere in Ghaziabad Region. |
Ditto. |
|
77. |
Deputy Labour Commissioner, Mirzapur Region, Mirzapur. |
Mirzapur Region consisting of the district of Mirzapur. |
|
78. |
All the Labour/Conciliation Officers posted anywhere in Mirzapur Region. |
Ditto. |
|
79. |
All the [Assistant Labour Officers] posted anywhere in Mirzapur Region. |
Ditto. |
|
80. |
Deputy Labour Commissioner, Jhansi Region, Jhansi. |
Jhansi Region consisting of the district of Jhansi, Lalitpur, Banda, Hamirpur and Jalaun. |
|
81. |
All the [Assistant Labour Officers] posted anywhere in Jhansi Region. |
Ditto. |
|
82. |
Chief Investigator, Jhansi Region. |
Ditto. |
|
Sl. No. |
Officer |
|
Local Limit |
|
1 |
2 |
|
3 |
|
1. |
Chief Inspector of Shops, U.P., Kanpur. |
... |
Whole of Uttar Pradesh. |
|
2. |
Deputy Chief Inspector of Shops, U.P., Kanpur. |
... |
Ditto. |
|
3. |
Additional Labour Commissioner, U.P., Kanpur Region, Kanpur. |
... |
Kanpur Region consisting of districts of Kanpur City, Kanpur Dehat, Etawah, Unnao and Farrukhabad. |
|
4. |
Deputy Labour Commissioner, Allahabad Region, Allahabad |
... |
Allahabad Region consisting of districts of Allahabad and Fatehpur. |
|
5. |
Deputy Labour Commissioner, Meerut Region Meerut. |
... |
Meerut Region consisting of district of Meerut, Muzaffamagar and Saharanpur. |
|
6. |
Deputy Labour Commissioner, Agra Region, Agra. |
... |
Agra Region consisting of districts of Agra, Aligarh, Etah, Mainpuri and Mathura. |
|
7. |
Deputy Labour Commissioner, Gorakhpur Region, Gorakhpur. |
... |
Gorakhpur Region consisting of districts of Gorakhpur, Basti and Azamgarh. |
|
8. |
Deputy Labour Commissioner, Lucknow Region, Lucknow. |
... |
Lucknow Region consisting of districts of Lucknow, Hardoi, Kheri, Rae Bareli and Sitapur. |
|
9. |
Deputy Labour Commissioner, Faizabad Region, Faizabad. |
... |
Faizabad Region consisting of districts of Faizabad, Bahraich, Bara Banki, Gonda and Sultanpur. |
|
10. |
Deputy Labour Commissioner, Bareilly Region, Bareilly. |
... |
Bareilly Region consisting of districts of Bareilly, Badaun, Pilibhit and Shajhanpur. |
|
11. |
Deputy Labour Commissioner, Moradabad Region, Moradabad. |
... |
Moradabad Region consisting of districts of Moradabad, Rampur and Bijnor. |
|
12. |
Deputy Labour Commissioner, Varanasi Region, Varanasi. |
... |
Varanasi Region consisting of districts of Varanasi, Ghazipur, Ballia and Jaunpur. |
|
13. |
Deputy Labour Commissioner, Garhwal Region, Dehra Dun. |
... |
Garhwal Region consisting of districts of Chamoli, Garhwal (Pauri), Tehri-Garhwal and Uttarkashi. |
|
14. |
Deputy Labour Commissioner, Kumaun Region, Haldwani (Naini Tal). |
... |
Kumaun Region consisting of districts of Naini Tal, Almora and Pithoragarh. |
|
15. |
Deputy Labour Commissioner, Ghaziabad, Region, Ghaziabad. |
... |
Ghaziabad Region consisting of districts of Ghaziabad and Bulandshahr. |
|
16. |
Deputy Labour Commissioner, Mirzapur Region, Mirzapur. |
... |
Mirzapur Region consisting of districts Mirzapur. |
|
17. |
Deputy Labour Commissioner, Jhansi Region, Jhansi. |
... |
Jhansi Region consisting of Jhansi, Lalitpur, Banda, Hamirpur and Jalaun. |
Annexure
1. The Prescribed Authority while compounding the offence shall take into consideration whether the offence has been committed for the first time or it is a subsequent offence. 2. In case it is the first offence of the accused, the compounding of offence shall be done keeping in view the gravity of the offence, subject to the maximum penalty laid down for such offence. 3. In case it is a subsequent offence the composition fee shall exceed the maximum penalty laid down for the first offence depending upon the gravity of the subsequent offence subject to the maximum penalty laid down for such subsequent offence. 4. The Prescribed Authority shall not compound any offence merely by giving warning or by admonishing. 5. The compounding of offence shall be done within the limitation period, in case the prosecution has not been launched. If the prosecution has been launched, the compounding of offence shall be done by the Prescribed Authority before the prosecution concludes its evidence. Notification No. 539/XXXVI-3-6 (S)-85, dated May 21, 1987, published in U.P. Gazette (Extraordinary), Part-4, Section (kha), dated 21st May, 1987, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleaded to exempt in public interest all corporations/commercial establishments run by the State Government from the operation of all the provisions of the said Adhiniyam. Notification No. 2636/XXXVI-3-4(S)-87, dated July 14, 1987, published in the U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th July, 1987, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to exempt in the public interest, the General Insurance Corporation of India and its four subsidiary companies from the operation of all the provisions of the said Adhiniyam. Notification No. 423/XXXVI-3-6(S)-86, dated February 19, 1988, published in the U.P. Gazette (Extraordinary), Part-4, Section (kha), dated 19th February, 1988, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962) the Governor is pleased to exempt, in public interest, all the Khadi and Gramudyog Institutions run and/or controlled by the Uttar Pradesh Khadi and Village Industries Board or Khadi and Village Industries Commission, situate in the State of Uttar Pradesh, from the operation of all the provisions of said Adhiniyam for a period of one year from the date of publication of this notification in the Gazette. Notification No. 4088/XXXVI-3-3(S)-88, dated November 1, 1988, published in the U.P. Gazette (Extraordinary), Part-4, Section (kha), dated 1st November, 1988, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962) the Governor is pleased to exempt, in public interest all the branches of Aviation Fuel Stations of Indian Oil Corporation in Uttar Pradesh from the operation of the provisions Sections 5 and 8 of the said Adhiniyam read with Rules 3 and 7 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 1963 subject to the following conditions :(1) The working hours of the employees will be observed as required under Sections 6 and 7 of the aforesaid Adhiniyam; and
(2) Each employee will be given one weekly holiday on rotation basis.
Notification No. 379/XXXVI-3-19(S)-87, dated February 3, 1989, published in the U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 6th February, 1989, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962) and in supersession of Notification No. 3389/36-3-23(S)-84, dated MO-1984, the Governor is pleased to exempt, in the public interest with immediate effect such shops and commercial establishments of Uttar Pradesh as are not mentioned in Schedule II of the said Adhiniyam, from the operation of the provisions of sub-section (1) of Section 5 of the said Adhiniyam read with Rule 3 of the Uttar Pradesh Dookan Aur Vanijya Adhisthan Niyamawali, 1963, subject to the condition that the said shops and commercial establishments shall not be opened before 9.00 a.m. and not be kept opened after 8.00 p.m. Notification No. 3127/XXXVI-3-142(Sa.)-85, dated November 9, 1989, published in the U.P. Gazette (Extraordinary), Part-4, Section (kha), dated 9th November, 1989, page 2. - In exercise of the powers under sub-section (3) of Section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. XXVI of 1962), the Governor is pleased to exempt all the shops and commercial establishments in the area where polling in connection with the General Election to the Lok Sabha and Vidhan Sabha is to be held on November 22, and November 24, 1989 for the actual day of polling from the operation of the provisions of Section 8 of the said Act on conditions that if the actual day of polling in the area in which a shop or commercial establishment is situated is not the normal weekly holiday to be observed by such shop or commercial establishment the concerned shop or commercial establishment shall observe the actual day of polling as closed day and the normal weekly holiday following actual day of polling shall be observed as a working day. Notification No. 2663/XXXVI-3-2(S)-89, dated February 9, 1990, published in the U.P. Gazette (Extraordinary), Part-4, Section (kha), dated 9th February, 1990, pages 4-7. - In exercise of the powers under Section 29 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (U.P. Act No. 26 of 1962), read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904) and in supersession of all previous notifications issued in this behalf, the Governor is pleased to appoint the officers and officials mentioned in Column 2 of the Schedule below to be 'Inspectors' for the purposes of the said Act within the areas mentioned against their names in Column 3 thereof-|
Sl. No. |
Officers Officials |
|
Area (showing local limit) |
|
1 |
2 |
|
3 |
|
1. |
Additional Labour Commissioner, U.P., Kanpur Region, Kanpur. |
... |
Kanpur (Nagar), Kanpur (Dchat), Etawah, Farrukhabad and Unnao. |
|
2. |
All Additional Labour Commissioners, Deputy Labour Commissioners and Assistant Labour Commissioners posted at headquarter, Kanpur. |
... |
Ditto. |
|
3. |
All Assistant Labour Commissioners posted in Kanpur Region. |
... |
Ditto. |
|
4. |
Assistant Welfare Officer, Kanpur Region |
... |
Ditto. |
|
5. |
Chief Investigator, Kanpur Region. |
... |
Ditto. |
|
6. |
All Trade Union Inspectors/Welfare Inspectors posted at headquarter, Kanpur. |
... |
Ditto. |
|
7. |
All Chief/Senior Investigators posted at headquarter, Kanpur. |
... |
Ditto. |
|
8. |
All Labour Enforcement Officers posted at headquarter, Kanpur. |
... |
Ditto. |
|
9. |
All Labour Enforcement Officers posted in Kanpur Region. |
... |
Ditto. |
|
10. |
Deputy Labour Commissioner, Allahabad Region, Allahabad. |
... |
Allahabad, Fatehpur and Pratapgarh. |
|
11. |
All Assistant Labour Commissioners posted in Allahabad Region. |
... |
Ditto. |
|
12. |
Assistant Welfare Officer, Allahabad. |
... |
Ditto. |
|
13. |
Assistant Trade Union Inspector and Welfare Inspector, Allahabad Region. |
... |
Ditto. |
|
14. |
Chief Investigator, Allahabad Region. |
... |
Ditto. |
|
15. |
All Labour Enforcement Officers posted in Allahabad Region. |
... |
Ditto. |
|
16. |
Deputy Labour Commissioner, Meerut Region, Meerut. |
... |
Meerut, Muzaffamagar, Saharanpur and Hardwar. |
|
17. |
All Assistant Labour Commissioners posted in Meerut Region. |
... |
Ditto. |
|
18. |
Assistant Welfare Officer, Meerut Region, Meerut. |
... |
Ditto. |
|
19. |
Welfare Inspector and Assistant Trade Union Inspector, Meerut Region, Meerut. |
... |
Ditto. |
|
20. |
Chief Investigator, Meerut Region, Meerut. |
... |
Meerut, Muzaffamagar Saharanpur and Hardwar |
|
21. |
All Labour Enforcement Officers posted in Meerut Region. |
... |
Ditto. |
|
22. |
Deputy Labour Commissioner, Agra Region, Agra. |
... |
Agra, Etah, Aligarh, Mainpuri, Mathura and Firozabad. |
|
23. |
All Assistant Labour Commissioners posted in Agra Region. |
... |
Agra, Etah, Aligarh, Mainpuri, Mathura and Firozabad. |
|
24. |
Assistant Welfare Officer, Agra Region, Agra. |
... |
Ditto. |
|
25. |
Assistant Trade Union, Inspector and Welfare Inspector, Agra Region, Agra. |
... |
Ditto. |
|
26. |
Chief Investigator, Agra Region, Agra. |
... |
Ditto. |
|
27. |
All Labour Enforcement Officers posted in Agra Region. |
... |
Ditto. |
|
28. |
Deputy Labour Commissioner, Gorakhpur Region, Gorakhpur. |
... |
Gorakhpur, Basti, Deoria, Azamgarh, Mau, Siddharth Nagar and Maharajganj. |
|
29. |
All Assistant Labour Commissioners posted in Gorakhpur Region. |
... |
Ditto. |
|
30. |
Assistant Welfare Officer, Gorakhpur Region, Gorakhpur. |
... |
Ditto. |
|
31. |
Assistant Trade Union Inspector and Welfare Inspector, Gorakhpur Region, Gorakhpur. |
... |
Ditto. |
|
32. |
Chief Investigator, Gorakhpur Region, Gorakhpur. |
... |
Ditto. |
|
33. |
All Labour Enforcement Officers posted in Gorakhpur Region. |
... |
Ditto. |
|
34. |
Deputy Labour Commissioners, Lucknow Region, Lucknow. |
... |
Lucknow, Hardoi, Kheri, Rae Bareilly and Sitapur. |
|
35. |
All Assistant Labour Commissioners posted in Lucknow Region. |
... |
Ditto. |
|
36. |
Assistant Welfare Officer, Lucknow Region, Lucknow. |
... |
Ditto. |
|
37. |
Assistant Trade Union Inspector and Welfare Inspector, Lucknow Region, Lucknow. |
... |
Ditto. |
|
38. |
Chief Investigator, Lucknow Region Lucknow. |
... |
Ditto. |
|
39. |
All Labour Enforcement Officers posted in Lucknow Region. |
... |
Ditto. |
|
40. |
Deputy Labour Commissioners, Faizabad Region, Faizabad. |
... |
Faizabad, Gonda, Bahraich, Barabanki and Sultanpur. |
|
41. |
All Assistant Labour Commissioners posted in Faizabad Region. |
... |
Ditto. |
|
42. |
Assistant Trade Union Inspector and Welfare Inspector and Chief Investigator, Faizabad Region, Faizabad. |
... |
Ditto. |
|
43. |
All Labour Enforcement Officers posted in Faizabad Region. |
... |
Ditto. |
|
44. |
Deputy Labour Commissioner, Bareilly Region, Bareilly. |
... |
Bareilly, Budaun, Pilibhit, and Shahjahanpur. |
|
45. |
All Labour Enforcement Officers posted in Bareilly Region. |
... |
Ditto. |
|
46. |
Assistant Trade Union Inspector and Welfare Inspector, Bareilly Region, Bareilly. |
... |
Bareilly, Budaun, Pilibhit, and Shahjahanpur. |
|
47. |
Assistant Welfare Officer, Bareilly Region, Bareilly. |
... |
Ditto. |
|
48. |
Chief Investigator, Bareilly Region, Bareilly. |
... |
Ditto. |
|
49. |
All Labour Enforcement Officers posted in Bareilly, Region. |
... |
Ditto. |
|
50. |
Deputy Labour Commissioner, Moradabad Region, Moradabad. |
... |
Moradabad, Bijnor and Rampur. |
|
51. |
All Labour Enforcement Officers posted in Moradabad Region. |
... |
Ditto. |
|
52. |
Welfare Inspector and Assistant Trade Union Inspector and Chief Investigator, Moradabad Region. |
... |
Ditto. |
|
53. |
All Labour Enforcement Officers posted in Moradabad Region. |
... |
Ditto. |
|
54. |
Additional Labour Commissioner, Varanasi Region, Varanasi. |
|
Varanasi, Ghazipur, Ballia and Jaunpur. |
|
55. |
All Assistant Labour Commissioners posted in Varanasi Region. |
... |
Ditto. |
|
56. |
Welfare Inspector and Assistant Trade Union Inspector and Chief Investigator, Varanasi Region. |
... |
Ditto. |
|
57. |
All Labour Enforcement Officers posted in Varanasi Region. |
... |
Ditto. |
|
58. |
Deputy Labour Commissioner, Garhwal Region, Dehra Dun. |
... |
Dehra Dun, Chamoli, Garhwal (Pauri), Tehri-Garhwal and Uttarkashi. |
|
59. |
All Assistant Labour Commissioners posted in Garhwal Region. |
... |
Dehra Dun, Chamoli, Garhwal (Pauri), Tchri-Garhwal and Uttarkashi. |
|
60. |
Welfare Inspector and Assistant Trade Union Garhwal (Pauri), Tehri-Inspector and Chief Investigator Garhwalarhwal and Uttarkashi. Region. |
... |
Ditto. |
|
61. |
All Labour Enforcement Officers posted in Garhwal Region. |
... |
Ditto. |
|
62. |
Deputy Labour Commissioner, Kumaun Region, Haldwani, Naini Tal. |
... |
Naini Tal, Almora and Pithoragarh. |
|
63. |
All Assistant Labour Commissioners posted in Kumaun Region. |
... |
Ditto. |
|
64. |
All Labour Enforcement Officers and Assistant Trade Union Inspectors and Welfare Inspectors and Chief Investigators posted in Kumaun Region. |
... |
Ditto. |
|
65. |
Additional Labour Commissioner, Ghaziabad Region, Ghaziabad. |
... |
Ghaziabad and Bulandshahr. |
|
66. |
All Assistant Labour Commissioners posted in Ghaziabad Region. |
... |
Ditto. |
|
67. |
All Labour Enforcement Officers and Welfare Inspectors and Assistant Trade Union Inspectors and Chief Investigators posted in Ghaziabad Region. |
... |
Ditto. |
|
68. |
Deputy Labour Commissioners, Mirzapur Region, Pipri. |
... |
Mirzapur and Sonbhadra. |
|
69. |
All Assistant Labour Commissioners posted in Mirzapur Region. |
... |
Ditto. |
|
70. |
All Labour Enforcement Officers posted in Mirzapur Region. |
... |
Ditto. |
|
71. |
Deputy Labour Commissioner, Jhansi Region, |
... |
Jhansi, Lalitpur, Banda, Hamirpurand Jalaun. |
|
72. |
All Assistant Labour Commissioners posted in Jhansi, Region. |
... |
Ditto. |
|
73. |
All Labour Enforcement Officers and Welfare Inspectors and Assistant Trade Union Inspectors and Chief Investigators posted in Jhansi Region. |
... |
Ditto. |