Is It Necessary for Our Noida Company to Register Under the U.P. Shops Act 1962? Seeking Guidance

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

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

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

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

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

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

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)

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

Hi,

Can anybody tell me, as per the UP Shops and Establishment Act, what should be the minimum age to work in an organization?

Regards,
Raj

Can you mention a name of a website from where I can get the details of registration fees under different state Shop & Establishment Acts?

Hi Forum members!

Please help. Where can I download the U.P. Shop & Establishment Act? I want to know the number of holidays that the establishment/office has to observe in one calendar year if the organization is on a 5-day working schedule.

Ms. Deepti,

The details given by you are quite informative and useful. I am sure the same is very helpful to lots of people and organizations in Noida. Kindly send your email ID or mobile number, as we wish to get in touch with you for taking your advice on such matters.

Thank you and regards

I am Raman Shrivastav. I want to know the fee structure of shops and commercial private and private limited companies. Please send me the answer as soon as possible.

Thanks and best regards,
Raman Shrivastav

I want to know what is the exact timing of opening and closing under the UP Shop and Commercial Establishment Act 1963?

Please answer my query as soon as possible so that I can pass on the information to someone.

Thank you,
Vikas Srivastava
03907810624

Where can I find the registration form for the Shop and Establishment Act? Please suggest some websites.

Harsh

My shop is located outside the municipal area. I am compelled to apply for registration under the U.P. Shops and Commercial Establishments Act of 1962.

Regards,
Sandeep

Query Regarding U.P. Shops and Establishment Act Registration

Hi, I am Arjun Kaushik. I request you to resolve my query related to the U.P. Shops and Establishment Act. Our company is a Pvt. Ltd. company. We are in the business of a Pharmacy Retail Stores chain (like Religare Wellness, Apollo, Viva Guardian, etc.) in Lucknow, U.P. We need to register our company under the U.P. Shops and Establishment Act.

Registration Requirements for Stores and Branch Office

I need to ask if I should register my stores under this Act (6 stores in Lucknow - 4 employees in every store) and the Branch Office (1 office in a commercial complex - 6 employees).

- Should all stores and the Branch Office be registered separately?
- Or, as it is a Ltd company, can we register them combined by the total number of employees in our Branch Office Address?

Kindly guide me on the same.

Regards,
Arjun Kaushik
[Phone Number Removed For Privacy Reasons]

Registration Requirements Under Factory and Shops & Establishments Acts

Hi, thank you for your question. In response, if an establishment is registered under the Factory Act, it may still be necessary to also register under the Shops & Establishments Act, depending on the specific regulations of the locality where the establishment is operating. It is advisable to consult with local authorities or legal experts to ensure compliance with all relevant laws and regulations.

Regards

If the office and factory are located in the same premises, then the Factories Act is applicable. If they are located in two different premises, then the office is covered by the Shops and Establishments Act. Leave and working days will be as per the Shops Act if it is located in a different premise.

Even if it is located in the same premises, only those employees connected with the manufacturing process will be covered by the Factories Act, and others not connected with the manufacturing process will be covered under the Shops and Establishments Act.

Yes, it is mandatory to register under the U.P. Shops and Commercial Establishment Act.

Adv. Sujit Kumar Sinha
Universal HR Corporate Services
Noida
9350830241, 9971170639