Rekha
14

Dear All,

Our company is a Pvt. Ltd. Company situated in Noida, Uttar Pradesh, India. Please, could you inform me if it is mandatory to register our company under the Uttar Pradesh Shops and Commercial Establishments Act, 1962, or if it is only mandatory for the shops? If so, kindly indicate where I should inquire and where I can find this information, whether it be at any government office or websites.

I eagerly anticipate receiving your valuable responses and advice.

Thanks in advance!

Regards,
Rekha Singh
HR Executive

From India, Delhi
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We are outsourced workers by HP to repair and maintain computers and have our branch offices in Lucknow, Kanpur, etc. We are being pressured by the labor inspector to comply with the Act.
In my view, the Act is not applicable. Regardless, the job is on a contract basis, and registration is required annually. The inspector is requesting a security deposit of Rs. 5000 for that. He is also insisting on accidental insurance for employees, disregarding the ESI registration.
Please provide further clarification.
Regards,
P.K. Garg

From India, Delhi
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You are covered under the Act and need registration. You do not have to pay any security to the inspector; the fee is paid directly through the treasury challan in a Nationalized bank. I do not think there is any need for accident insurance in addition to the ESI if applicable, but the Workmen's Compensation Act will be applicable.

Regards, Arif

From India, Delhi
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I am sending the Uttar Pradesh Shops and Commercial Establishments Act, 1962 checklist, but I am not liable for any fault. If you find any mistakes, kindly let me know.

Thanks,
Dipti Srivastava (Adv.)
Noida, Uttar Pradesh

From India, Mumbai
Attached Files (Download Requires Membership)
File Type: doc up_shops_and_establishment_act_check_list_by_dipti_150.doc (68.0 KB, 4783 views)

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Dear Friend,

I am currently in Delhi, but I have spent the last few years in Lucknow, UP, dealing with labor issues related to shops and factories.

If your company is a manufacturing unit, it should be registered under the Indian Factories Act, 1948.

If your company is a shop or establishment, it should be covered under the UP Shops and Commercial Establishments Act. This Act contains all the necessary information regarding the operation of a shop or establishment (offices), including working hours, closing days, holidays, leaves, wages, labor policies, employment of women, young persons, overtime policies, and other regulations. Once a company is established, it must be registered within three months under this Act. Registration can be done for a minimum of one year and a maximum of five years, and the license renewal application should be submitted by the end of the financial year.

The license fee is dependent on the number of employees your company has. You can initiate the required correspondence with the labor office in Noida.

Best regards,

Umesh Chaudhary
welcomeumesh@yahoo.com

From India, Delhi
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Dear Rekha,

The Shops and Commercial Establishment Act is applicable to shops as well as commercial establishments. A commercial establishment refers to any establishment that operates for commercial purposes. Therefore, all corporate offices, software companies, and liaison offices come under the purview of the Act.

You must register under the Act and comply with other provisions such as maintaining prescribed registers, implementing a leave policy, providing maternity benefits, and regulating overtime.

Regarding your inquiry about the Uttar Pradesh Shops and Commercial Establishments Act, 1962, as a Pvt. Ltd. Company located in Noida, Uttar Pradesh, it is essential to determine if registration under the Act is mandatory for your company or only for shops. For further information on registration and compliance, you can reach out to relevant government offices or visit official websites.

I eagerly anticipate your valuable responses and advice.

Thank you in advance!

Best regards,
Rekha Singh
HR Executive

From India, Delhi
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Where can I download the U.P. Shop & Establishment Act or for the time being read it? I want to know the number of holidays that the establishment/office has to observe in one calendar year. (national & state holidays that are mandatory to observe in the year)
From India, Delhi
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Hi Deepti,

Thank you for the comprehensive information; it was quite useful. In your attachment, it states a 12.5% penalty on late fees. Could you please clarify if this penalty is applied monthly or annually? I was informed that the late fee amount varies each year, and the penalty interest is 12.5% per month. For instance, if a company hasn't registered for two years, the penalty for the first year is 2000, with a 12.5% monthly penalty. In the second year, the penalty increases to 6000 with the same 12.5% penalty. Is this information accurate?

Regards,
Shuchita

From India, Calcutta
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Hi, Can anybody tell me as per the UP shops and establishment Act, what should be the minimum age to work in an organisation . Regards Raj

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Can you mention a name of a website from where i can get the detail of registration fees under different state shop & establishment Act
From India, New Delhi
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