The UTTAR PRADESH DOOKAN AUR VANIJYA ADHISHTHAN ADHINIYAM, 1962

--- Section 1. Section 1.Short title and extent --- 1. (1) This Act may be called the Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962. (2) It extends to the whole of Uttar Pradesh. 1 [***] [Footnotes] 1. Omit. by Section 2(b) of U.P. Act No. 12 of 2026. --- Section 2. Section 2.Definitions --- 2. In this Act, unless, there is anything repugnant in the subject or context (1) apprentice means a person, not being a person below the age of 12 years, employed for purposes of training, with or without wages, by an employer in any trade or calling ; 1 [(1-A) Chief Inspector means the Chief Inspector appointed under section 29, and includes a Deputy Chief Inspector or Inspector appointed Under that section; ] (2) "child" means a person who has not completed his fourteenth year ; (3) close means not open within the meaning of clause (13) ; 2 [(4) commercial establishment means,- (i) any premises, not being the premises of a factory, or a shop, wherein any trade, business, manufacture, or any work inconnexion with, or incidental or ancillary thereto, is carried on for profit and includes a premises wherein journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, or which is used as theatre, cinema, or for any other public amusement or entertainment, or where the clerical and other establishment of a factory, to whom the provisions of the Factories Act, 1948, do not apply, work ; (ii) establishment of any medical practitioner (including hospitals, dispensary, clinic, polyclinic, maternity home and such others), architect, tax consultant or any other technical or professional consultant, service providers or establishment providing service platform and delivery services, etc.; (iii) such other establishments as the State Government may, by notification in the Official Gazette, declare to be a commercial establishment for the purpose of this Act ; ] ; (5) 'day' means the period of 24 hours beginning at midnight : Provided that in the case of an employee, whose hours of work extend beyond midnight, day means the period of 24 hours beginning from the hour of commencement of his duty ; (6) employee means a person wholly or mainly employed on wages by an employer in, or in connection with any trade, business or manufacture carried on in a shop or commercial establishment, and includes- (a) caretaker, mali or a member of the watch and ward staff ; (b) any clerical or other staff of a factory or industrial establishment, which is not covered by the provisions of the Factories Act, 1948 ; and (c) any apprentice or a contract or piece-rate worker ; 3 [(d) a person engaged through an outsourcing agency employed to do any manual, unskilled, skilled, technical, operational or clerical work for hire or reward, whether the terms of employment be express or implied; ] (7) employer means a person who owns, or who holds charge of, or has ultimate control over the trade, business or manufacture carried on in a shop or commercial establishment, as the case may be, and includes the manager, agent or any other person acting on behalf of the employer in the management or control of such trade, business or manufacture ; (8) factory shall have the meaning assigned to it in the Factories Act, 1948, so however as not to include the premises where the clerical or other establishment of a factory, to whom the provisions of that Act do not apply, work ; (9) family in relation to an employer means the husband or wife, as the case may be, son, daughter, father, mother, brother or sister of such employer, who lives with and is wholly dependent on him; (10) inspector means an Inspector, Deputy Chief Inspector or the Chief Inspector, appointed under section 29 of this Act ; (11) leave means the period of absence from duty with wages to which an employee is entitled under Chapter III of this Act ; (12) night means such period of twelve consecutive hours, so however as always to include the interval between 10 p. m. and 6 a. m., as may be prescribed ; (13) open in relation to a shop or commercial establishment means open for the service of any customer, or for the business, trade or manufacture, normally carried on in the shop or commercial establishment ; 4 [(13-A) Owner in relation to a shop or commercial establishment includes a person who runs or is incharge of such shop or commercial establishment ; ] (14) prescribed means prescribed by the rules made under this Act ; (15) retail trade or business means the business of sale of goods in small quantities and the rendering of services to customers, and includes the business of a barber or hair-dresser, the sale of cooked food, refreshments or intoxicating liquors and retail sale by auction ; (16) shop means any premises where any wholesale or retail trade or business is carried on, or where services are rendered to customers, and includes all offices, godowns or warehouses, whether in the same premises or not, which are used in connection with such trade or business ; (17) State means the State of Uttar Pradesh ; (18) wages means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money, or capable of being so expressed, which would if the terms of employment, express or implied, were fulfilled, be payable to an employee, and includes (a) any bonus ; (b) any sum payable to the employee by reasons of the termination of his employment ; and (c) any additional remuneration payable under the terms of his employment ; (19) "week" means a period between the midnight on Saturday and the midnight on the following Saturday ; and (20) "young person" means a person who is not a child and has not completed his seventeenth year. [Footnotes] 1. Subs. by sec. 2 (i) of U. P. Act no. 54 of 1976. 2 Subs.by sec. 3 (a) of U. P. Act no. 12 of 2026. 3. Ins. by sec. 3(b) of U.P. Act no. 12 of 2026. 4. Ins. by sec. 2 (ii) of U. P. Act no. 54 of 1976. --- Section 3. Section 3.The provisions of the Act not to apply to certain persons, shops and commercial establishment --- 3. (1) The provisions of this Act shall have no application to (a) employees occupying positions of confidential, managerial or supervisory character in a shop or commercial establishment, wherein more than five employees are employed : Provided that the number of employees so exempted in a shop or commercial establishment shall not exceed ten percent of the total number of employees thereof ; (b) employees whose work is inherently intermittent, as in the case of a traveller or canvasser ; (c) offices of Government or local authorities ; (d) offices of the Reserve Bank of India ; 1 [***] (f) members of the family of an employer 2 [;] 3 [ (g) shops or commercial establishment employing less than twenty employees. ]. (2) A list of the employees referred to in clause (a) of subsection (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) 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) 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). [Footnotes] 1. Omit. by sec. 4(a) of U.P. Act no. 12 of 2026. 2. Subs. by sec. 4(b) of U.P. Act no. 12 of 2026. 3. Ins. by sec. 4(c) of U.P. Act no. 12 of 2026. --- Section 4. Section 4.Savings --- 4. Nothing contained in this Act shall adversely affect any right or privilege to which any employee may be entitled, on the date on which this Act begins to apply to him under any law, award, agreement, contract, custom or usage, in force on that date. [Footnotes] - --- Section 4A. Section 4A.Register of shops and commercial establishments --- 4-A. The Chief Inspector shall maintain in such form and containing such particulars as may be prescribed, a register of all shops and commercial establishments, to which this Act applies : Provided that different such registers may be maintained for different areas and for different classes of shops and commercial establishments. [Footnotes] - --- Section 4B. Section 4B.Registration --- 4-B. 1 [(1) Every owner of a shop or commercial establishment, where twenty or more employees are working, within six months of the commencement of such business, shall submit an application for registration of his shop or commercial establishment on the departmental web-portal along with the necessary documents. If the nature of the shop or commercial establishment falls under the regulatory domain of any department of the Central/State Government, as the case may be, the applicant shall submit an affidavit that he has/will comply with the rules, regulations, notifications, guidelines issued or to be issued by the said department or authority, if any, with the prescribed payment of fees. If the application is complete and applicant is eligible, automatic registration shall be granted by the departmental web-portal and registration certificate shall be sent to the applicant on his e-mail: Provided that if the said registration is obtained by the applicant by misrepresentation or concealment of facts or on the basis of forged documents, such registration shall be deemed null and void and may be cancelled by Registering Officer and legal action may be taken against such applicant: Provided further that the registration certificate issued under this Section shall not be a proof of ownership of shop or commercial establishment. (2) Every application for registration under sub-section (1) shall be in such form and shall be accompanied by such fees as prescribed on the departmental web-portal. ] . [Footnotes] 1. Subs. by sec. 5 of U. P. Act no. 12 of 2026. --- Section 4C. Section 4C.Validity of registration certificate --- 4-C. 2 [ The registration certificate granted under section 4- B shall be valid for the duration for which the shop and commercial establishment is in existence. ] [Footnotes] 2. Subs. by sec. 2 of U. P. Act no. 18 of 2019. --- Section 4D. Section 4D.Duplicate Registration certificate --- 3 [4-D. When a registration certificate is lost, destroyed or torn, or is defaced or otherwise becomes illegible, the Chief Inspector shall in the manner prescribed and on payment of the prescribed fee, issue a duplicate registration certificate.] [Footnotes] 3. Ins. by sec. 3 of U.P. Act No. 35 of 1979. --- Section 5. Section 5.Hours of business --- 5. (1) No shop or commercial establishment, not being a shop or commercial establishment mentioned in Schedule II, shall, on any day, open earlier, or close later than such hour as may be prescribed in this behalf. (2) Notwithstanding the provisions of sub-section (1), earlier opening, or later closing, hours may be prescribed for different classes of shop or commercial establishment, or for different areas, or for different periods of the year. (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. [Footnotes] - --- Section 6. Section 6.Hours of work and overtime --- 1 [6. (1) No employer shall require or allow an employee to work on any day for more than,- (a) six hours in the case of a young person; and (b) nine hours in the case of any other employee: Provided that any employee, not being a young person, may be required or allowed to work in any shop or commercial establishment for more than nine hours in any day subject to a maximum of forty eight hours in a week. Howsoever, that the total number of hours of work including overtime shall not exceed eleven hours on any one day except on a day of stock-taking or making of accounts: Provided further that the total number of hours of overtime work shall not exceed one hundred and forty four hours in any quarter. : Explanation; 'Quarter' means a period of three consecutive months beginning on the 1st of January, the 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 (b) of sub-section (1), shall be paid by his employer, wages at twice the ordinary rate, for every overtime work. Explanation-1: For the purpose of this sub-section, 'ordinary rate' means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to employees of food grains and other Articles, as the employee is for the time being entitled to, but does not include bonus. Explanation-2: In calculating the wages payable to an employee for overtime work, a day shall be reckoned as consisting of nine working hours. ] [Footnotes] 1. Subs. by sec. 6 of U. P. Act no. 12 of 2026. --- Section 8. Section 8.Close days --- 8. (1) Every employer shall keep his shop or commercial establishment, not included in Schedule II, closed on — (a) one day in a week ; and (b) such public holidays in a year as may be prescribed, to be hereinafter referred to, as close days. (2) The choice of a close day, not being a close day which is a public holiday shall, subject to the approval of the authority appointed by the State Government in this behalf, rest with the employer. A notice specifying all close days shall be prominently displayed by the employer in a conspicuous place in the shop or commercial establishment. (3) The close day shall not be altered by the employer except once in a year and with the approval of the authority appointed under sub-section (2), to be obtained in the manner prescribed. Any such alteration shall take effect as from the first day of January of the year following : Provided that where the employers in one locality do not observe the same day of the week as the close day, the authority appointed under sub-section (2) may, in the manner prescribed, fix a day as the close day for such locality : Provided further that the authority may, on the written request of the majority of the employers in a locality, at any time after six months from the date on which a close day was earlier fixed, alter, with effect from a date to be specified by him, the close day, not being a close day which is a public holiday. Explanation — “locality” means any compact area declared as such by public notice by the authority appointed under sub-section (2). [Footnotes] - --- Section 7. Section 7.Intervals for rest and spread over of working hours in a day --- 7. The working hours in a shop or commercial establishment shall be so arranged that each employee gets an interval of not less than half an hour for rest after not more than five hours of continuous work, and the periods of work and intervals of rest of an employee do not spread over more than twelve hours in one day : Provided that the State Government may, in public interest and subject to such conditions as it may consider necessary or expedient, increase the said spread over period either generally or for a class of shops or commercial establishments. [Footnotes] - --- Section 9. Section 9.Holidays --- 9. Every employee, not being a watchman or a caretaker, shall be allowed by the employer holiday on — (i) every close day which is a public holiday ; and (ii) one whole day in each week : Provided that nothing in clause (ii) shall apply to any employee whose total period of employment in the week (including any day spent on leave or any holiday), is less than six days. [Footnotes] - --- Section 10. Section 10.Earned leave, sickness leave and casual leave --- 10. (1) Every employee, who has been in continuous employment of the same employer for a period of twelve months or over, shall, in addition to any holiday allowed under section 9, be entitled to earned leave for not less than fifteen days for every twelve months of such service : Provided that a watchman or a caretaker who has been in continuous employment for a period of twelve months or over shall be entitled to not less than sixty days earned leave for every twelve months of such service. (2) Every employee, who has been in continuous employment of the same employer for a period of six months or over shall, subject to such conditions as may be prescribed, be further entitled to sickness leave for not less than fifteen days in any one calendar year. (3) Every employee, who has been in continuous employment of the same employer for a period of six months or over shall, subject to such conditions as may be prescribed, be further entitled to sickness leave for not less than fifteen days in any one calendar year. (4) Subject to the provisions of the rules made under this Act, all leave shall be granted when applied for. (5) Any earned leave not availed of in any year by an employee shall be added to such leave accruing to the employee in the year following : Provided that the total period of earned leave admissible to an employee at any time shall not exceed 45 days. (6) In computing the period of continuous employment of an employee within the meaning of sub-section (1) or (2), the period during which he has been on leave under this section shall be included. (7) Where the services of an employee are terminated by his employer, or where the employee terminates the employment, the employer shall be liable to pay to the employee wages for the number of days for which the earned leave is due to him. [Footnotes] - --- Section 11. Section 11.Payment for leave refused --- 11. (1) When earned leave is refused to an employee having to his credit such leave for forty-five days, he shall be entitled, in respect of the period covered by the refusal, to an amount which would have been payable to him as wages for the period in case he had been on leave during that period. (2) The amount payable under sub-section (1) shall be in addition to the wages payable for the period. (3) On an employee receiving the said amount, the earned leave to his credit shall be reduced by the number of days in respect of which such amount is received. [Footnotes] - --- Section 12. Section 12.Wages for holidays and leave --- 12. For every holiday, and for each day of leave allowed under this Act, the employee shall be entitled to wages at a rate not less than that rate to which the employee was entitled for the day immediately preceding the holiday or the day of leave availed by him, anything to the contrary contained in any other law, contract, custom or usage notwithstanding. [Footnotes] - --- Section 13. Section 13.Wage period --- 13. (1) Every employer shall fix a period, (hereinafter referred to as the wage period), at the expiry, and in respect, of which wages shall be payable to his employees. (2) No wage period shall exceed one month. (3) The wages of every employee shall be paid within such period as may be prescribed. (4) The remuneration due to an employee in lieu of unveiled period of leave, and the wages earned by him, shall be paid - (a) where the termination of his employment is by or on behalf of the employer, before the expiry of the second working day after such termination ; and (b) where the termination of his employment is by the employee, on or before the next pay day. [Footnotes] - --- Section 14. Section 14.Payment of wages for the period of earned leave --- 14. (1) An employee proceeding on earned leave shall, on demand, be given advance payment of the wages for half the period of the leave, and the wages for the wage period immediately preceding such leave. The wages for the remaining half period of such leave shall be payable to him along with the wages for the first wage period after he resumes duty. (2) The wages for the period of sickness leave shall be payable to the employee along with his wages for the first wage period after he resumes duty. [Footnotes] - --- Section 15. Section 15.Deductions from wages --- 15. No deductions from the wages of an employee shall be made except to such extent, and in such manner, as may be prescribed. [Footnotes] - --- Section 16. Section 16.Fines on employees --- 16. No fines in excess of three per cent of the wages payable to an employee for any wage period shall be imposed on him by the employer. [Footnotes] - --- Section 17. Section 17.Register of fines --- 17. (1) The employer shall maintain a register in the prescribed form, wherein shall be entered all fines imposed and recoveries thereof. (2) Fines recovered from employees shall be applied only to such purposes as may be beneficial to them and approved by the authority empowered in this behalf by the State Government. [Footnotes] - --- Section 18. Section 18.Recovery of wages Act IV of 1936 --- 18. 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 were wages payable under that Act. [Footnotes] - --- Section 19. Section 19.Discharge of employee by his employer --- 19. (1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall be discharged from service by his employer except on the ground that — (a) the post held by him has been retrenched ; or (b) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health ; And he has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than thirty days, or such longer period as may be required under the terms of employment : Provided that the notice of discharge may be of a shorter period if the same is accompanied with payment of wages to the employee for the number of days the notice is short of the required period. (2) Nothing in sub-section (1) shall apply to dismissal for misconduct. [Footnotes] - --- Section 20. Section 20.Termination of employment by an employee --- 20. (1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall terminate his employment, excerpt after notice of thirty days, or of such longer period, as may be required under the terms of his employment. (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. 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. [Footnotes] - --- Section 21. Section 21.Prohibition of employment of children --- 20. 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 . [Footnotes] - --- Section 22. Section 22.Prohibition of employment of women during night --- 1 [22. Any employer, on being satisfied that the provision of shelter, food canteen facility, rest room, night creche, ladies' toilets, adequate protection of their safety, and their transportation from the shop or commercial establishment to their respective residences exists in his shop or commercial establishment, may, after obtaining the consent of the women working in such shop or commercial establishment, allow them to work between 7 p.m. and 6 a.m. ] [Footnotes] 1. Subs. by sec. 7 of U. P. Act no. 12 of 2026. --- Section 23. Section 23.Prohibition of employ-ment of women during certain period --- 23. No employer shall knowingly require or allow a woman to work, and no woman shall work in any shop or commercial establishment during the period of six weeks following the day on which she is delivered of a child. [Footnotes] - --- Section 24. Section 24.Right of absence during pregnancy --- 24. (1) A pregnant woman employee may, by seven clear days’ notice in writing, require her employer to relieve her from duty for a period not exceeding six weeks preceding the expected date of delivery. (2) On receipt of the notice the employer shall, subject to the provisions of sub-section (3), permit such employee to remain absent from duty for a period of six weeks ending with the expected date of her delivery. (3) (a) On receipt of the notice, the employer may require such employee to be examined at his cost by a lady doctor, if she so desires, or, otherwise, by any qualified medical practitioner or a midwife. (b) If the woman employee — (i) refuses to submit herself to medical examination ; or (ii) on such examination is found not pregnant, or not likely to be delivered of a child within six weeks of the date from which permission for absence from duty is desired, the employer may refuse to relieve her from duty, so however that the employee, if found pregnant, shall be allowed to remain absent from duty for a period of six weeks prior to the expected date of her delivery. [Footnotes] - --- Section 25. Section 25.Maternity leave --- 2 [25. In case of pregnancy a woman employee, shall be entitled to maternity benefit and maternity leave under The Maternity Benefit Act, 1961.] [Footnotes] 2. Subs. by sec. 6 of U. P. Act no. 29 of 2018. --- Section 26. Section 26.Maternity benefit --- 26. Every woman employee who has been, for a period of not less than six months preceding the date of her delivery, in continuous employment of the same employer, (whether in the same or different shops or commercial establishments), shall be entitled to receive from her employer for the period of — (a) six weeks immediately preceedding the day of delivery and ; (b) six weeks following the day of delivery ; such maternity benefits and in such manner as may be prescribed : Provided that no woman employee shall be entitled to receive such benefits for any day during any of the aforesaid periods, on which she attends work and receives wages therefor. [Footnotes] - --- Section 27. Section 27.Intervals for rest --- 27. A woman employee, during the period she is nursing her child, shall, in addition to the regular intervals of rest, be entitled to two breaks of half an hour each for the aforesaid purpose. [Footnotes] - --- Section 28. Section 28.Prohibition of discharge or removal from service during or on account of absence from duty owing to confinement --- 28. (1) No employer shall discharge or remove from service any woman employee on account of, or during the period of, absence from duty allowed to her under section 25. (2) No woman employee shall, as a result of her discharge or removal from service within six months of the day of her delivery, be deprived of the maternity benefits, which she would have, but for the discharge or removal, been entitled to, if the same is held by the inspector to be without sufficient cause. [Footnotes] - --- Section 28A. Section 28A.Welfare Provisions --- 1 [28-A. (1) Every employer shall make effective arrangements to provide and maintain at suitable points convenient for all persons employed in the shop or commercial establishment, sufficient supply of wholesome drinking water. (2) Every employer shall provide for male and female separate latrine and urinal as may be prescribed which shall be so conveniently situated as may be accessible to the workers employed in the shop or establishment. Provided that certain employers may provide common facilities in case it is not possible in a shop or establishment due to constraint of space or otherwise. (3) In every shop or commercial establishment wherein twenty or more woman workers are ordinarily employed, there shall be provided and maintained rooms as crche for the use of children of such woman workers : Provided that if a group of shops or commercial establishments so decide to provide a common crche within a radius of one kilometer, then, the same shall be permitted by the Inspector, by an order, subject to such conditions as may be specified in the order. (4) Every employer shall provide at the place of work such firstaid facilities as may be prescribed. (5) The State Government shall require the employer to provide and maintain in the shop or commercial establishment, wherein not less than two hundred and fifty workers are employed or ordinarily employed to maintain a canteen for the use of its workers : Provided that if a group of shops or commercial establishments, so decide to provide a common canteen, then the same shall be permitted by the Inspector by an order, subject to such conditions as may be specified in the order. (6) Every employer shall take such measures relating to the health and safety (including cleanliness, lighting, ventilation and protection against fire) of the workers which are necessary.] 1 2 [ (7) Every employer shall provide adequate sitting arrangements for all employees obliged to work in a standing position. (8) Every employer of a shop and commercial establishment shall issue a letter of appointment to every employee on his/her appointment in the shop and commercial establishment with information such as employee's name, father's name, date of birth, qualification (like skilled/unskilled/semi-skilled), name of the post, salary/wages, mobile phone number, Aadhaar number, nature of the post, etc. ] . [Footnotes] 1. Ins. by sec. 7 of U.P. Act No. 29 of 2018. 2. Ins. by sec. 8 of U.P. Act No. 12 of 2026 --- Section 29. Section 29.Appointment of inspectors --- 29. The State Government may appoint a Chief Inspector, and a Deputy Chief Inspector, for the whole of Uttar Pradesh, and as many Inspectors for different areas thereof as may be considered necessary. [Footnotes] - --- Section 30. Section 30.Powers of the inspectors to enter, etc. --- 30. Subject to such conditions as may be prescribed, an inspector may, at all reasonable times, enter any place which is, or which he has reason to believe to be, a shop or commercial establishment, for the purpose of examining the registers, records or other documents kept therein. The inspector may take with him such persons to assist him as he may consider necessary, and the owner or the occupant, for the time being, of the place shall allow them to enter and examine the said registers, records or documents. The inspector may seize such of them as he may require for the purpose of contravention of any of the provisions of this Act or the rules made thereunder. [Footnotes] - --- Section 31. Section 31.Inspectors, etc. to be public servants --- 31. The Chief Inspector, the Deputy chief Inspector and every Inspector appointed under section 29, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. [Footnotes] - --- Section 32. Section 32.Maintenance of registers and records by the employers --- 32. An employer shall maintain such registers and records and display such notices, as may be prescribed. [Footnotes] - --- Section 33. Section 33.Contravention of provisions --- 1 [33. (1) Any person, who contravenes, or fails to comply with any of the provisions of this Act, or of the rules made thereunder, other than those of sub-section (1) of section 20, shall be guilty of an offence under this Act. (2) The Inspector shall, before initiation of prosecution proceeding for the offences under this Act except sub-section (1) of Section 20, give an opportunity to the employer to comply with the provisions of the Act by way of a fifteen days written improvement notice, and, if the employer complies with the direction within such period, the Inspector shall not initiate such prosecution proceeding against the employer. No such opportunity shall be accorded to an employer, if the violation of the same nature of the sections and rules made under this Act is repeated within a period of five years from the date on which such first violation was committed; and in such case, the prosecution shall be initiated in accordance with the Act and orders issued by the State Government from time to time. ] . [Footnotes] 1 Renumbered as sub-section (1) thereof and after the sub-section as so renumbered, the sub-section (2) inserted by sec. 9 of U.P. Act no. 12 of 2026. --- Section 34. Section 34.Offences by companies, etc. --- 34. (1) If the person committing an offence under this Act or the rules made thereunder is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to ay neglect on the part of, any director, manager secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation — For the purposes of this section — (a) “company” means anybody corporate and includes a firm or other association of individuals ; and (b) “director” in relation to a firm is a partner in the firm. [Footnotes] - --- Section 35. Section 35.Punishment --- 2 [35. Any person guilty of an offence under this Act shall be liable to fine which may, for the first offence, extend to two thousand rupees and, for every subsequent offence, to ten thousand rupees ] . [Footnotes] 2 Subs. by sec. 10 of U.P.Act no. 12 of 2026. --- Section 36. Section 36.Limitation of prosecution Courts empowered to try offences under this Act --- 36. (1) No court shall take cognizance of any offence under this Act or the rules made thereunder, except on complaint in writing made within six months of the date on which the offence is alleged to have been committed. (2) No court inferior to that of a Magistrate of the Second Class shall try any offence under this Act, or the rules made thereunder. 1 [(3) The Chief Inspector may, subject to any general or special order the State Government in this behalf, compound any offence punishable under this Act, either before after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence ; and where the offence is so compounded — (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ; (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender.] [Footnotes] 1 Ins. by sec. 8 of U. P. Act no. 35 of 1979. --- Section 37. Section 37.Protection of action taken under this Act --- 37. No suit, prosecution or other legal proceedings shall lie against any officer or authority under this Act, for anything done, or intended to have been done, in good faith, in pursuance of the provisions of this Act or the rules or orders made thereunder. [Footnotes] - --- Section 38. Section 38.Presumption --- 38. Whenever a shop or commercial establishment is actually opened, it shall be presumed that it is opened for the service of any customer or for the business, trade or manufacture normally carried on in the shop or commercial establishment. [Footnotes] - --- Section 39. Section 39.Application of Workmen’s Compensation Act and Rules Act No. VIII, 1923 --- 39. The provisions of the Workmen’s Compensation Act, 1923, and of the rules made thereunder, shall, mutatis mutandis apply to every employee of a shop or commercial establishment. [Footnotes] - --- Section 40. Section 40.Rule-making power --- 40. (1) The State Government 1 [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 ; 2 [(b-1) the form of register of shops and commercial establishments under Chapter 1-A ; (b-2) the fees for registration, for renewal of registration certificate and for issue of duplicate registration certificate under Chapter 1-A ; (b-3) the form of registration certificate under Chapter 1-A ;] (c) deductions that may be made from the wages of an employee; (d) fines and dismissals ; (e) regulating the grant of casual leave and the payment of wages for the period of such leave ; (f) regulating the grant of other leave; (g) maternity benefits and their payment ; (h) matters which are to be, or may be prescribed under this Act. (3) The rules made under this section shall be subject to the condition of previous publication. (4) [ x x x] 3 [Footnotes] 1. Subs. by sec. 4 of U. P. Act no. 54 of 1976. 2. Ins. by sec. 4 of U. P. Act no. 54 of 1976. 3. Omitted by sec. 4(iii) of U.P. Act no. 54, 1976. --- Section 41. Section 41.Repeal U.P. Act XXII of 1947 --- 41. The United Provinces Shops and Commercial Establishments Act, 1947, is hereby repealed. [Footnotes] -