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Uttar Pradesh Shop and Commercial Establishment Rules-1963 (Notification related to amendment of the year 2022)

State Notification of Uttar Pradesh · 19628,224 characters of text

The enactment

TypeNotification
Year1962
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectslabour

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

UTTAR PRADESH SHASAN SHRAM ANUBHAG-3 In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of Notification no. 1106 /XXXVI-03-2022-14(Sa.)/2019 dated 02 August, 2022:

NOTIFICATION No. 1106 /XXXVI-03-2022-14(Sa.)/2019 Lucknow; Dated: 08 August, 2022 WHEREAS the Uttar Pradesh Dookan Aur Vanijya Adhishthan (Navam Sanhodhan) Niyamawali, 2022 was published by Government notification no. 1089/ XXXVI-03-2022- 14(Sa.)/2019, dated 29 June, 2022 with a view to inviting objections and suggestions as required by sub-section (3) of section 40 of the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1962 (U.P. Act no. 26 of 1962).

AND WHEREAS no objection and suggestion has been recived within stipulated time.

Now, THEREFORE in exercise of the powers under sub-section (1) of section 40 of the Uttar Pradesh Dookan Aur Vanijya Adhisthan 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), the Governor is pleased to make the following rules with a view to amending the Uttar Pradesh Dookan Aur Vanijiya Adhisthan Niyamawali, 1963:

THE UTTAR PRADESH DOOKAN AUR VANIJYA ADHISHTHAN (NAVAM SANSHODHAN) NIYAMAWALT, 2022 Short title and 1(1) These rules may be called the Uttar Pradesh Dookan Aur Vanijya commencement Adhishthan (Navam Sanshodhan) Niyamawali, 2022.

(2) They shall come into force with effect from the date of their publication in the Gazette.

Amendment of rule 2. In the Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamawali, 2-A 1963 in rule 2-A:-

(i) for the existing sub-rule (2) set out in Column-I below, the sub- rule as set out in Column-Il shall be substituted, namely :- COLUMN-I COLUMN -Il Existing sub-rule Sub-rule as hereby substituted

(2) The owner of every shop or commercial (2) The owner of every shop or establishment shall within the period as commercial establishment __ shall, specified in sub-section (1) of section 4-B of within the period as specified in subthe said Act, make an application in Form “L” section (1) of section 4-B of the said to the Inspector concerned for registration of Act, make an application for his shop or commercial establishment. The registration of his shop or application shall be signed by the owner and establishment on payment of requisite accompanied by a Treasury Challan/Bank registration fee as specified below and Draft (crossed) in favour of the Inspector in the manner as prescribed by the E/vikalp 2022 UP Shop rules final concemed in proof of payment of registration fee as specified below. The maximum number Labour Commissioner. The fee will be levied one time only on maximum of employees employed in the shop or number of employees employed commercial establishment on any day during during finanical year.

the financial year in respect of which the registration is sought will be taken into consideration for deciding the amount of fee leviable. __

PART I PARTI Sl |Category of|Fee per| Category of|Fee per} Sl | Category | One- |Category of| One-time no. shop financi | commercial /financia|no.| of shop |time Fee|]commercial| Fee for al year | establishme| | year for | establishme |registration of part nt of part registrat nt of the of the ion year year

1. 2. 3. 4. 5. 1. 2, 3. 4. 5.

1. | With no 40 With no 80 |1.]Employin| 2250 |Employing} 4500 employee employee glto5 1 to 5 employees employees

2. |Employing| 150 |Employing| 300 | 2.|Employin] 3000 |Employing| 6000 1 to 5 1 to 5 g6told 6 to 10 employees employees employees employees

3. |Employing}] 200 |Employing| 400 | 3.|Employin] 6000 |Employing} 15000 6 to 10 6 to 10 gll to 25 11 to 25 employees employees employees employees

4. |Employing} 400 | Employing} 1000 | 4. |Employin}| 7500 |Employing} 30000 11 to 25 11 to 25 g more more than employees employees than 25 25 employees employees

5. |Employing} 500 | Employing} 2000 more than more than 25 25 employees employees

PART II PART II sl Rs. | Sl Rs.

no. no.

1. \Commercial establishment} 1000 | 1. (Commercial establishmeny 15000 which is used as theatre of which is used as theatre of cinema or for any other public cinema or for any other public} amusement or entertainment. amusement or entertainment of Barat Ghar or Guest house

2. [Hotel up to three-starred) 2000 | 2. Hotel up to three-starred| 30000 standard standard

3. [Four or five-starred hotels on 5000 | 3. |Four or five-starred hotels on 75000 hotels of like standard hotels of like standard

4. jAny shop having ownership of | 1000 | 4. |Any shop or commercial 15000 E/vikalp 2022 UP Shop rules final registered company or any commercial establishment employing 1 to 25 employees establishment having ownership of registered company employing | to 25 employees

5. {Non-Banking Financial Institution/ Adhishthan 2000 . Non-Banking Financial 30000 Institution/ Adhisthan

(ii) for the existing sub-rules (4) and (5) set out in Column-I below, the sub- rules as set out in Column-II shall be substituted, namely :- COLUMN-I Existing sub-rules

(4) Every owner of a shop or commercial establishment shall get his shop or commercial establishment registered for five financial years and, if it is a case of renewal, renewed for five financial years which may be up to ten financial years at the time of next renewal under this Act on payment of prescribed fee. The shops and commercial establishments which are run on yearly contract basis shall pay the prescribed fee for that financial year only for which the contract has been given.

(5) Every registration certificate granted under section 4-B or renewed under section 4-C shall remain valid for such number of financial years, as it is registered or renewed for.

COLUMN -II Sub-rules as hereby substituted

(4) (i) Every owner of a shop or commercial establishment shall get his shop or commercial establishment registered onetime. 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 registered for five years shall be renewed once on deposition of fee prescribed under sub-rule

(2) of rules 2-A.

(5) Omitted

(iii) for the existing sub-rules (7) and (8) set out in Column-I below, the sub- rules as set out in Column-II shall be substituted, namely :- COLUMN-I Existing sub-rules

(7) Renewal of registration Certificate:-

(i) Every application for renewal of a registration certificate may be made on plain paper stating therein the name of owner, name and address of shop/ commercial establishment and number of employees, to the Inspector concerned and shall be accompanied by the prescribed fee.

The renewal of the registration certificate shall be in For 'M'.

(ii) The fee chargeable for renewal of a registration certificate shall be the same as E/vikalp 2022 UP Shop rules final COLUMN -II Sub-rules as hereby substituted

(7) Omitted for the grant thereof.

(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 or an application for renewal of the registration is not received within the period specified in sub-rule (7), such registration or renewal, as the case may be, shall be made only on the payment of a late fee at the rate of 12% percent of the fee of registration or renewal, per month or part thereof, in addition to the prescribed fee.

The late fee shall accompany the application.

E/vikalp 2022 UP Shop rules final

(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.

By order, (Suresh Chandra) Additional Chiet Secretary.

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