In these rules, unless there is anything repugnant in the subject or context—
(a) “the Act” means the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962;
(b) “financial year” means the period of twelve months commencing on the first day of April;
(c) “form” means a form appended to these rules;
(d) “inspector concerned” in relation to a shop or commercial establishment, means an Inspector for the area within which the shop or commercial establishment is situated.
(e) “right” means the period of twelve consecutive hours beginning at 7 p.m.
(f) “Registration Certificate” means a certificate showing the registration of a shop or a commercial establishment;
(g) “Register of shops or commercial establishments” means a register maintained for the registration of shops or commercial establishments under Section 4-A of the Act.
(h) “Section” means a section of the Act;
(i) “State Government” means the Government of Uttar Pradesh;
(j) “Restaurant” means any premises in which the business or supply of meals or refreshments on payment to the public or a class of public for consumption on the premises is carried on wholly or mainly by whatever name called; and
(k) “Theatre” includes any premises intended mainly or wholly for the exhibition of pictures or other optical effects by means of cinematography or other suitable apparatus or for dramatic or circus performances or for any other public amusement or entertainment. ] J. Vide Noti. No, 2084 (LL)/XXXVI-B-489(LL)-1 962, dt. 01.05.1963, published in the U.P. Gazette, Extra., dt. 01,05,1963, 2, The Rules came into foree wef, 01.05.1963, 4, Subs. by Noti, No, 4375(V )/XXXVI-3-712(S)-80, lt. 03,02,1984 (w.e.f, 03,02, 1984).
(20) 21 THE UP DOOKAN AUR VANIJYA ADHISHTHAN NIYAMAVALI, 1963 [R. 2-A [SECTION 4-B (2)] 1[2-A, Form of Register to be kept by the Inspector concerned of the shop or commercial establishment and the fees charged for their registration and its validity.—(1) The register of shops or commercial establishments shall be maintained in Form 'K’. a 2[(2) The owner of every shop or commercial establishment shall, within the period as specified in sub-section (1) of Section 4-B of the said Act, make an application for registration of his shop or establishment on payment of requisite registration fee as specified below and in the manner as prescribed by the Labour Commissioner. The fee will be levied one time only on maximum number of employees employed during financial year.
PART-I Sl. Category of shop One Category of One No. Time Commercial Time Fee for establishment regis- Fee for tration Tegistration 1 2 3 4 5 Rs. Rs.
1. | Employing 1 to5 2,250 | Employing 1 to 4500 employees 5 employees
2. | Employing 6 tol10 3,000 | Employing 6 6,000 employees to10 employees
3. | Employing 11 to 25 6,000 | Employing 11 to 15,000 employees 25 employees
4. | Employing more than 25 7,500 | Employing 30,000 employees more than 25 employees
PART-II SI. Rs.
No.
1 2 3
1. | Commercial establishment which is used as 15,000 theatre or cinema or for any other public amusement or entertainment or Barat Ghar or Guest house.
2. | Hotel up to three-starred standard. 30,000
3. | Four or five-starred hotels or hotels of like 75,000 standard
4. | Any shop or commercial establishment 15,000 having ownership of registered company employing 1 to 25 employees
5. | Non-Banking financial institution/ Adhisthan 30,000] h a Subs. by Noti. No. 4375(V/XXXVI-3-712(5)-80, dt. 03.02.1984 (w,e,f. 03.02.1984), Subs. by Noti. No. 1106/KXXVI-03-2022-14 (Sa)-2019 dt. 03-08-2022. N 22 THE UP DOOKAN AUR VANIJYA ADHISHTHAN NIYAMAVALI, 1963 [R. 2-A [SECTION 4-B (3)]
(3) If the Inspector concerned is satisfied about the correctness of the statement made in the application as provided in sub-section (2) of Section 4-B, he shall register the shop or commercial establishment in the register of shops or commercial establishments and issue a registration certificate in Form M. The registration certificate shall, on demand, by the Inspector concerned be shown to him by the owner.
11(4) (i) Every owner of a shop or commercial establishment shall get his shop or commercial establishment registered one time. The shops and commercial establishments which are run on yearly contract basis shall apply for licence for that year and shall pay one-fifteenth (1/15") of the above prescribed fee.
(ii) The shops and commercial establishments which are already i amp for five years shall be renewed once on deposition of fee prescribed under sub- ‘rule (2) of rules 2-A,] 71(5) [* *"] 31(6) The owner shall communicate in Form "N" to the Inspector concern any change in the name and address of the shop or commercial establishment, owner name of the employers or change in the number of employees within 15 days of the date of occurrence of such change together with registration certificate and treasury challan/bank draft (crossed) for Rs, 50,00 (Rs. Fifty) in the case of a shop or commercial establishment having no employee and Rs. 100.00 (Rs. One hundred) in the case of others and the amount, if any, payable as specified in sub-rule (2) above having regard to the increase in the number of employees. The Inspector concerned after being satisfied about the correctness of the change shall make necessary amendment in the register of shops and commercial establishment and in the registration certificate and issue a fresh registration certificate, if necessary.]
[SECTION 4-C] 41(7) (* » a °[(8) Late fee on application for Registration Certificate and its renewal.—If an application for registration of a shop or commercial establishment is not received within the period specified under sub-section (1) of Section 4-B of the Act, as the case may be, such registration shall be made only on payment of a late fee at the rate of one percent of the fee of registration per month or part thereof, in addition to the prescribed fee. The late fee shall accompany the application. ]
1. Subs. by Noti. No. 1106/XXXVI-03-2022-14 (Sa)-2019 dt. 03-08-2022,
2. Omitted by Noti No. 1106/XXXVI-03-2022-14(Sa)/2019. dt 3-08-2022.
3. Subs. by Noti. No. 729/XXXVI-03-2016-03(Du)-97 dt. 18.10.2016 i i Extra., dt. 18.10.2016. Prior to substitution, it stood as under : + published in the U.P, =
(6) Amendment of Registration Certificate. —The owner shall c i i 'N' Inspector concerned any change in the name and address of the she eo = = establishment, name or names of the employers or change in Nhe miber employees within 15 days of the date of of suc change together with reis ae .
certificate and lreasury Challan/Bank Draft (crossed) for Rs.5 in the cas ce commercial establishment having no employee and Rs. 10 in the case of tome the amount, ifany payable as es in sub-rule (1) above Hasire ‘ aarp - increase in the number of emp oyees. The Inspector concemed att Bees « a about the correctness of the change, shall make necessa amend nents i Ee a of shops or commercial establishments and in the re eta ao in the register fresh registration certificate, if necessary. ] istration certificate and issue a
4. Omilted by Noti No. 1106/XXXVI-03-2022- 14(Sa)/2019, dt 3-08-2022
5. Subs. by Noti No. 1106/XXX V1-03-2022-14(Sa)/2019, dt 3-08-2022 a. IR 2A a nau Quran NIV UMAVAL! [RAS ‘ 7 tet ult COONAN 42 VaENlLiva Af hts) ANN f The *eei<feahon ernGrate under these ¢ yf netsh I “- - lew 5 —_
(2) Vearnshee of evgeetegin “ ’ - 4 - ape sf frar <te { t =i ty of shop OF rephe 4 Iie f gw Ls aT st Table I i » if VW Fr o - i +62 spy sesh obt in a qyiitect ial aunt atl; sfvreates? Khas mace ote aheall hey e fy. a v iy ire. | and & CUTIE Tat ES ae ‘ epictrati uy eetiGe ate in faust belbal f on e sytrnent oF tsps prescribed fee for rf.
fpegrctitatiauy cer tehacate ey Tries [Sk € T mw j iT ¥] ” B on renewe d yO) VWWiluevs @ teyisfration yernGeate mene under Section 4 : ( wore rey or otherwise uruler Sweeting £4 fe fomt, deetroved, form detaved, mutilated — frocuretues Uhegitehc, any agryticatior fe Me frac torr . oncerned for the issue ° .
chugrlicate crigry Uerend ePusll Pe mache iy Firm “CY avcompanied by a pega challanank deatt (crossed) for Ra WO or Ra 10.00 as the case may be, Oo acemmunyt of bow ae aguentfioed berhow Bart slurs ana ¢oemmers¢hal establiahment
(4) Withers? empower Aity rupees
(ii) With orngiovers one humeeed apres Upon reveipt of et application together with the fee, the Inspector concernedd chal issue a diuplhcate copy of the cegietration certificate duly marked clupstlicate: iy cet ink
(11) Payment of any fees wneter these rules through the Government Treasury of ‘State Hank of tefie efall be credited under the Mead of Account “240 — Latour ard Employment 09 - Sheps and Commerctal Establishments— Nibandhan Fees — SOO Miscellaneous Receipts”
(12) Closiny down of shop or commercial evtabliahment te be communicated to the Inspevtor concernad. — The owner shall, within 15 days of his cloning down the shop or commercial establishment, notify such closure in writing to the Inspector concerned. On reevipt of the Information and having been satisfied that shop or commercial establishment has actually been closed down, the Inspector concerned shall remove such shop or commercial establishment from the register of shops or commercial establishments and cancel the registration certificate. The registration fee/renewal fee shall, in no case, be refunded.
(13) Display of the registration number in the shop or commercial establishment. — Every owner of the shop or commercial establishment shall display at a conspicuous place in his shop or commercial establishment the registration number on a plate with letters and figures at least 5 ams. height and 1 cm. thick written in white or luminous paint of any colour.]
lL. Subs. by Noti. No. 7297XXXVIAS-2016-03(Du)-97 dt. 18.10.2016, published in the U.P. Gazette, Entra, dt. 18.10.2016. Prior to subsstiton, it stood as under :
(10) Issue of duplicate copy of Registration Certifcate.—Where a registration certificate issued under Section 4B or renewed under Section +C is lost, destroved, torn. defaced, mutilated or otherwise becomes illegible, an application to the Inspector concemed for the issue ot a duplicate copy thereof shall be made in Form ‘0’ accompanied by a Treasury Challar/Bank Draft (Crossed) for Rs. 5 or Rs. 10, as the case may be, on account of fee as specified below :— — For shops or commercial establishment :—
(i) Without employee .- , Rs. 3/-
(ii) With employees Rs. 10/- Upon receipt of such application together with the fee, the I i concemed shall] issue 4 duplicate copy of the registration certificate duly marked ‘DUPLICATE in red ink] 24 THE UP DOOKAN AUR VANIJYA ADHISHTHAN NIYAMAVALI, 1963 [R. 3-7 [SECTION 5 (1)]