Rekha Started The Discussion:
Our company is a Pvt. Ltd. Company and it is situated in Noida, Uttar Pradesh [India]. Please tell me is it mandatory to get our company registered under Uttar Pradesh Shops and Commercial Establishments Act, 1962 OR is it mandatory for the shops only! If yes, then please tell me where do I need to call and where can I get this information [any govt. office or websites].
I very much look forward to receiving all of yours valuable response / advise.
Thanks in advance!
You have not mentioned the type of industry your company is in
by the way I found an extract from the act http://infotech.up.nic.in/labourgo35_02.htm
Better get the entire act from the site http://infotech.up.nic.in/ and find out for your particular industry....
We are outsourced work by HP to repair and maintain computer and have our branch offices in Lucknow, Kanpur etc. and are being pressed by labour inspector to get under the Act.
To my view the Act is not applicable. In any case, the job is on contract basis and registration is required on yearly basis. The inspector is asking for security deposit of Rs. 5000/- for that . He is also insisting for accidental insuarance of employees in disregard to ESI registration.
you are covered under the Act and need registration
You do not have to pay any security to the inspector, the fees is paid directly through the treasury challan in Nationalized bank
I do not think there is any need for accident insurance in addition to the ESI if applicable but Workmen Compensation Act will be applicable
I am in Delhi at present but I have spent last few years in Lucknow, UP and dealt with labour issues related to shops and factories.
If your company is a manufacturing unit it should to be registered under Indian Factories Act, 1948.
If your company is a shop or an establishment it should to be covered under UP Shops and Commercial Establishments Act. This Act has all information and it gives information about working of a shop or an establishment (offices) like working hours, closing day, holidays, leaves, wages, labour policies, employment of womens, young persons, overtime policy and other rules etc. Once a company is opened it must be registered within three months with this Act. You can get the registration done for a minimum of one year and a maximum of five years, the license renewal application is submitted by the end of financial year.
The license has a fee which depends upon the number of employees employed by your company. You may do necessary correspondence with the labour office in Noida.
Shops and Commercial Establishment Act is applicable on shops as well as commercial establishments, Commercial Establishment means any establishment which works for the commercial purpose so all the corporate offices, software comapnies, liasion offices come under the purview of Act.
U have to register under the Act and comply with other provisions like maintainance of prescribed registers, leave policy, maternity benefits, overtime etc.
Thanks Deepti, the comprehensive info was useful. In your attachment it says 12.5% penality on late fee. Is it monthly or annually. Like some one was telling me that every year late fee is different and the penality interest is 12.5% per month.
For example if a company has not registered for two years then for first yr the fee is 2000 and 12.5% pm will be the penality. Second yr 6000 and again the same penality. Is it true?
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