THE UTTAR PRADESH MINIMUM WAGES RULES,

1952
 Contents
CHAPTER I ......................................................................................................................................... 4
PRELIMINARY.................................................................................................................................... 4
1. Short title and extent .............................................................................................................. 4
2. Interpretation ......................................................................................................................... 4
CHAPTER II ........................................................................................................................................ 5
MEMBERSHIP, MEETINGS AND STAFF OF ........................................................................................ 5
THE BOARD AND COMMITTEE ......................................................................................................... 5
3. Term of office of the members of the Committee ................................................................. 5
4. Term of office of the members of the Board.......................................................................... 5
4-A. Nomination of substitute member ......................................................................................... 5
5. Travelling Allowance ............................................................................................................... 5
6. Staff ......................................................................................................................................... 5
7. Eligibility for renomination of the members of the Committee and the Board ..................... 6
8. Registration of the Chairman and members of the Committee and the Board and filling of
casual vacancies ...................................................................................................................... 6
9. Cessation and restoration of membership ............................................................................. 6
11. Meeting ................................................................................................................................... 7
12. Notice of meetings .................................................................................................................. 7
13. Chairman ................................................................................................................................. 7
14. Quorum ................................................................................................................................... 7
15. Disposal of business ................................................................................................................ 7
16. Methods of voting................................................................................................................... 8
17. Proceedings of the meeting .................................................................................................. 8
CHAPTER III ....................................................................................................................................... 8
SUMMONING OF WITNESSES BY THE COMMITTEE, AND THE BOARD AND PRODUCTION OF
DOCUMENTS ........................................................................................................................... 8
18. Summoning of witness and production of documents .......................................................... 8
19. Expenses of witnesses ............................................................................................................ 8
CHAPTER IV....................................................................................................................................... 9
COMPUTATION AND PAYMENT OF WAGES, HOURS OF WORK AND HOLIDAYS ............................. 9
20. Mode of computation of cash value of wages ....................................................................... 9
21. Time and conditions of payment of wages and the deductions permissible from wages ..... 9
22. Display of notices .................................................................................................................. 11
23. Weekly day of rest ................................................................................................................ 11
24. Number of hours of work that shall constitute a normal working day ................................ 12
24-A. .............................................................................................................................................. 13
25. .............................................................................................................................................. 13
[25-A. ..................................................................................................................................................
.............................................................................................................................................. 13
26. Form of registers and records............................................................................................... 14
26-A. Preservation of registers....................................................................................................... 15
26-B. Production of registers and other records ........................................................................... 15
27. .............................................................................................................................................. 15
CHAPTER V...................................................................................................................................... 16
CLAIMS UNDER THE ACT ................................................................................................................ 16
28. Applications .......................................................................................................................... 16
29. Authorization ........................................................................................................................ 16
30. Appearance of parties........................................................................................................... 16
SCALE OF COSTS IN PROCEEDINGS UNDER THE ACT ..................................................................... 17
31. Costs ...................................................................................................................................... 17
32. Court-fees ............................................................................................................................. 17
 THE UTTAR PRADESH MINIMUM WAGES RULES, 19521

CHAPTER I
PRELIMINARY
1. Short title and extent
(1) These rules may be called the Uttar Pradesh Minimum Wages Rules, 1952.
(2) They extend to the State of Uttar Pradesh.
2. Interpretation
In these rules, unless the context otherwise requires
(a) "Act" means the Minimum Wages Act, 1948;
(b) [Omitted];
(c) "Authority" means the authority appointed under sub-section (1) of Section 20;
(d) "Board" means the Advisory Board appointed under Section 7;
(e) "Chairman" means the Chairman of the Advisory Board or the Committee, as the
case may be, appointed under Section 9;
(f) "Committee" means a committee appointed under clause (a) of sub-section (1) of
Section 5 and includes a sub-committee appointed under that section;
(g) "Form" means a form appended to these rules;
(h) "Inspector" means a person appointed as Inspector under Section 19;
(i) "State Labour Commissioner" means an officer appointed by the State Government
for the time being to be the Labour Commissioner, and in respect of any of the
powers and duties of the Labour Commissioner that may be conferred on or
discharged by any person includes the person on whom such powers have been
conferred or by whom such duties have to be discharged;
(j) "registered trade union" means a trade union registered under the Indian Trade
Union Act, 1926;
(k) "Section" means a section of this Act; and
(l) All other words and expressions used herein and not defined shall have the meaning
respectively assigned to them under the Act.
 CHAPTER II
MEMBERSHIP, MEETINGS AND STAFF OF THE BOARD AND COMMITTEE
3. Term of office of the members of the Committee
The term of office of the members of the Committee shall be such as in the opinion of the
State Government is necessary for completing the enquiry into the scheduled
employment concerned and the State Government may, at the time of the constitution of
the Committee, as the case may be, fix such term and may, from time to time, extend it as
circumstances may require.
4. Term of office of the members of the Board
(1) Save as otherwise expressly provided in these rules, the term of office of a non-
official member of the Board, shall be two years commencing from the date of his
nomination:
Provided that such a member shall, notwithstanding the expiry of the said period of two
years, continue to hold office until his successor is nominated.
(2) A non-official member of the Board nominated to fill a casual vacancy shall hold
office for the remaining period of the term of office of the member in whose place
he is nominated.
(3) The official members of the Board shall hold office during the pleasure of the State
Government.
4-A. Nomination of substitute member
If a member of the Committee, or the Board is unable to attend a meeting thereof the
State Government may, by notice in writing signed on its behalf and by such member and
addressed to the Chairman of the said Committee or the Board, as the case may be,
nominate a substitute in his place to attend that meeting. Such a substitute member shall
have all the rights of a member in respect of that meeting.
5. Travelling Allowance
Non-official members of the Committee or the Board shall be entitled to draw travelling
and daily allowances for any journey performed by him in connexion with his duties as
such member at the rates and subject to the conditions, laid down in Notes 2 and 3, under
Rule 20 in Financial Handbook, Volume III.
6. Staff
(1) The State Government may appoint a Secretary to the Committee, or the Board, and
such other staff as it may think necessary, and may fix the salaries and allowances
payable to them and specify their conditions of service.
(2)
 (i) The Secretary shall be the Chief Executive Officer of the Committee, or the
Board, as the case may be. He may attend the meetings of such Committee, or
Board, but shall not be entitled to vote at such meetings.
(ii) The Secretary shall assist the Chairman in convening meetings and shall keep a
record of the minutes of such meetings and shall take necessary measures to
carry out the decisions of the Committee, the Advisory Committee or the
Board, as the case may be.
7. Eligibility for renomination of the members of the Committee and the Board
An outgoing member shall be eligible for renomination for the membership of the
Committee, Advisory Committee or the Board, of which he was a member.
8. Registration of the Chairman and members of the Committee and the Board and filling
of casual vacancies
(1) A member of the Committee or the Board other than the Chairman may by giving
notice in writing to the Chairman, resigns his membership. The Chairman may resign
by a letter addressed to the State Government.
(2) A resignation shall take effect from the date of communication of its acceptance or
on the expiry of thirty days from the date of submitting the resignation, whichever is
earlier.
(3) When a vacancy occurs or is likely to occur in the membership of the Committee or
the Board the Chairman shall submit a report to the State Government immediately.
The State Government shall thereupon take steps to fill the vacancy.
9. Cessation and restoration of membership
(1) If a member of the Committee, or the Board, fails to attend three consecutive
meetings, he shall, of the subject to the provisions of sub-rule (2), cease to be a
member thereof.
(2) A person, who ceases to be a member under sub-rule (1), shall be given intimation
of such cessation by a letter sent to him by registered post within fifteen days from
the date of such cessation. The letter shall indicate that if he desires restoration of
his membership, he may apply therefor within thirty days from the receipt of such
letter. The application for restoration of membership, if received within the said
period, shall be placed before the Committee, or the Board, as the case may be, and
if a majority of members present at the next meeting, is satisfied that the reason for
failure to attend three consecutive meetings are adequate, the member shall be
restored to membership immediately after a resolution to that effect is adopted.
10. Disqualification
(1) A person shall be disqualified for being nominated as, and for being a member of the
Committee, or the Board, as the case may be
(i) if he is declared to be of unsound mind by a competent Court insolvent; or
 (ii) if he is an undischarged insolvent; or
(iii) if before or after commencement of the Act, he has been convicted of an
offence involving moral turpitude.
(2) If any question arises whether a disqualification has been incurred under sub-rule
(1) the decision of the State Government thereon shall be final.
11. Meeting
The Chairman may, subject to the provisions of Rule 12, call a meeting of the Committee,
or the Board, as the case may be, at any time he thinks fit:
Provided that on a requisition in writing from not less than one-half of the members, the
Chairman shall call a meeting within fifteen days from the date of the receipt of such
requisition.
12. Notice of meetings
The Chairman shall fix the date, time and place of every meeting and a notice in writing
containing the aforesaid particulars along with a list of business to be conducted at the
meeting shall be sent for to each member by registered post at least fifteen days before
the date fixed for such meeting:
Provided that in the case of an emergent meeting notice of seven days only may be given
to every member.
13. Chairman
(1) The Chairman shall reside at the meetings of the Committee, or the Board, as the
case may be.
(2) In the absence of the Chairman at any meetings the members shall elect from
amongst themselves one member by a majority of votes as Chairman, who shall
preside at such meeting.
14. Quorum
No business shall be transacted at any meeting unless at least one-third of the members
are present:
Provided that if any meeting less than one-third of the members are present the Chairman
may adjourn the meeting to a date not later than seven days from the date of the original
meeting and it shall thereupon be lawful to dispose of the business at such adjounrned
meeting irrespective of the member of members present.
15. Disposal of business
All business shall be considered at a meeting of the Committee, or the Board, as the case
may be, and shall be decided by equality of votes the Chairman shall have a casting vote:
Provided that the Chairman may, if he thinks fit, direct that any matter shall be decided by
the circulation of necessary papers and secure written opinion of the members.
 Provided further that no decision on any question which is referred under the first proviso
shall taken unless supported by not less than a two-third majority of the members.
16. Methods of voting
Voting shall ordinarily be by show of hands, but if any member asks for voting by ballot, or
if the Chairman so decides, the voting shall be by secret ballot and shall be held in such
manner as the Chairman may decide.
17. Proceedings of the meeting
(1) The proceedings of each meeting showing, inter alia, the names of the members
present thereat, shall be forwarded to each member, to the State Government and
to the State Labour Commissioner as soon after the meeting as possible and, in any
case, not less than seven days before the next meeting.
(2) The proceedings of each meeting shall be confirmed with such modifications, if any,
as may be considered necessary at the next meeting.
CHAPTER III
SUMMONING OF WITNESSES BY THE COMMITTEE, AND THE BOARD AND PRODUCTION OF
DOCUMENTS
18. Summoning of witness and production of documents
(1) A Committee, or the Board, may summon any person to appear as a witness in the
course of any enquiry. Such summons may require a witness to appear before it on a
date specified therein and to produce any books, papers or other documents and
things in his possession or under his control relating in any manner to the enquiry.
(2) Any person may be summoned to produce a document in his possession or under
his control, without being summoned to give evidence.
(3) A summon under sub-rule (1) may be addressed to an individual or an organization
of employers or a registered trade union of workers.
(4) A summon under this rule may be served
(i) in the case of an individual, by being delivered or sent to him by registered
post;
(ii) in the case of an employers' organization or a registered trade union of
workers, by being delivered or sent by registered post to the Secretary or
other principal officer of the organization or union, as the case may be.
(5) The provisos of the Civil Procedure Code relating to the summoning and
enforcement of the appearance of witnesses and the production of documents
shall, so far as may be, apply to proceedings before a Committee, or the Board.
19. Expenses of witnesses
Every person who is summoned and appears as a witness before the Committee, or the
Board, shall be entitled to an allowance for expenses incurred by him in accordance with
 the scale for the time being in force for payment of such allowances to witnesses
appearing in Civil Courts in the State.
CHAPTER IV
COMPUTATION AND PAYMENT OF WAGES, HOURS OF WORK AND HOLIDAYS
20. Mode of computation of cash value of wages
In computing the cash value of wages paid in kind and all essential commodities supplied
at concessional rates, the retail price for any particular centre published by the State
Labour Commissioner and the concessional rates at which the commodities are supplied
by the employer to the employee shall respectively be taken into account
Provided that if retail prices for any particular centre are not published by the Labour
Commissioner, retail prices prevailing in the main market in that centre, or if there is no
market in that centre, the nearest market shall be taken into account for this purpose.
21. Time and conditions of payment of wages and the deductions permissible from wages
(1)
(i) The wage period with respect to any scheduled employment for which wages
have been fixed shall not exceed one month and the wages of an employee in
such employment shall be paid on a working day before the expiry of the
seventh day after the last day of the wage period.
(ii) Where the employment of any employee is terminated by or on behalf of the
employer, the wages earned by him shall be paid before the expiry of the
second working day after the day on which his employment is terminated.
(iii) The wages of an employee shall be paid to him without deduction of any kind
except those authorised by or under these rules.
Explanation. ----Every payment made by the employee to the employer or his agent shall,
for the purposes of these rules, be deemed to be a deduction.
(2) Deduction from the wages of an employee in a scheduled employment shall be one
or more of the following kinds, namely
(i) fines;
(ii) deductions for absence from duty;
(iii) deduction for damage to or loss of goods expressly entrusted to the employee
for custody, or for loss of money for which he is required to account, where
such damage or loss is directly attributable to his neglect or default;
(iv) deduction for house accommodation supplied by the employer or State
Government or any authority constituted by the State Government for
providing housing accommodations;
(v) deductions for such amenities and services supplied by the employer as the
Government may by general or special order authorize;
 Explanation.—The words "amenities and services" in this clause do not include the
supply of tools and protectives required for the purposes of employment;
(vi) deductions for recovery of advances or for adjustment of overpayment of
wages.
Provided that of such a advances do not exceed an amount equal to the wages for two
calendar months of the employee and, in no case, shall the monthly instalment of
deduction exceed one-fourth of the wages earned in that month;
(vii) deductions of income-tax payable by the employee;
(viii) deductions required to be made by order of a Court or other competent
authority;
(ix) deductions for subscriptions to and for repayment of advances from any
provident fund to which the Provident Fund Act, 1925, applies or any
recognized provident fund as defined in Section 58-A of the Indian Income Tax
Act, 1922, or any provident fund approved in this behalf, by the Government
during the continuance of such approval;
(x) deductions for payment to co-operative societies or deductions made with the
written authorisation of the person employed for payment of any premium on
his life insurance policy to the Life Insurance Corporation, established under
the Life Insurance Act, 1956 (13 of 1956);
(xi) deductions for recovery or adjustment of amount other than wages paid to
the employee in error or in excess of what is due to him
Provided that prior approval of the Inspector or any other Officer authorised by the State
Government in this behalf is obtained in writing before making this deduction unless the
employee gives his consent in writing to such deductions being made;
(xii) deductions made with the written authorisation of the employee (which may
be given once generally and not necessarily every time a deduction is made)
for the purchase of securities of the Government of India or of any State
Government or for being deposited in any Post Office Savings Bank in
furtherance of any savings scheme of any such Government.
(3) Any person desiring to impose a fine on an employee or to make deduction for
damage or loss caused shall explain to him personally also in writing the act or
omission or damage or loss, in respect of which the fine or deduction is proposed to
be imposed or made and given him an opportunity to offer an explanation in the
presence of another person. The amount of the said fine or deduction shall also be
intimated to him.
(4) The amount of the fine or deduction mentioned in sub-rule (3) shall be such as may
be specified by the Government. All such deductions and all realisation thereof shall
be recorded in register maintained Forms I, II and III, as the case may be. A return in
Form III shall be submitted annually by the employer.
 (5) The amount of fine imposed under sub-rule (3) shall be utilized for welfare work in
the manner approved by the State Labour Commissioner.
(6) Nothing in this rule shall be deemed to affect the provisions of the Payment of
Wages Act, 1936.
22. Display of notices
The following notices, in English and in Hindi shall be displayed on the notice-boards of
sub-divisional and district offices, the office of the Labour Commissioner, Uttar Pradesh,
and at such other place or places, as may be selected by the Inspector
(1) Notice No. 1—Rates of minimum wages fixed, under the Minimum Wages Act, 1948,
Form XI.
(2) Notice No. 2—Abstract of Minimum Wages Act, 1948 and the U.P., Minimum Wages
Rules, 1952, Form XII.
(3) Notice No. 3—Name and address of the Inspector concerned, Form XIII.
23. Weekly day of rest
(1) Where an employee in a scheduled employment in respect of which minimum rates
of wages have been fixed under the Act has worked in the scheduled employment
under the same employer for a continuous period of not less than six days he shall
subject to the provisions of this rule, be allowed a day of rest every week
(hereinafter referred to as "rest-day"), which shall ordinarily be Sunday
Provided that the employer may fix any other day of the week as the rest-day for any
employee or class of employees in that scheduled employment
Provided further that the employee shall be informed of the day fixed as the rest-day or
any subsequent change in the rest day before the change is effected, by display of a notice
to that effect in the place of employment at a place to be specified by the Inspector in this
behalf.
Explanation.—For the purpose of computation of the continuous period of not less than
six days specified in this sub-rule
(a) any day on which any employee is required to attend for work, but is given only an
allowance for attendance and not provided with work, and
(b) any day on which an employee is laid off on payment of compensation under the
Industrial Disputes Act, 1947, shall be deemed to be on which the employee has
worked.
(2) Any such employee shall not be required or allowed to work in a scheduled
employment on the rest-day unless he has had or will have a substituted rest-day
for a whole day on one of the five days immediately before or after the rest-day.
Provided that no substitution shall be made which will result employee working for more
than ten days, consecutively without a rest-day for a whole day.
 (3) Where in accordance with the foregoing provisions of this rule, any employee works
on a rest-day and has been given a substituted rest-day on any one of the five days
before or after the rest-day, the rest-day shall, for the purpose of calculating the
weekly hours of work, be included in the week in which the substituted rest-day
occurs.
(4) An employee shall be granted for the rest-day wages calculated at the rate
applicable to the next preceding day and in case he works on the rest-day and has
been given a substituted rest-day, he shall be paid wages for the rest-day on which
he worked at the overtime rate and wages for the substituted rest-day at the rate
applicable to the next preceding day.
Provided that where the minimum daily rate of wage of the employee as notified under
the Act has been worked out by dividing the minimum monthly rate of wages by twenty-
six or where the actual daily rate of wages of employee has been worked out by dividing
the monthly rate of wages by twenty-six and such actual daily rate of wages is not less
than the notified minimum daily rate of wages of the employee, no wages for the rest-day
shall be payable, and in case the employee works on the rest-day has been given a
substituted rest-day, he shall be paid only for the rest-day on which he worked an
amount equal to the wages payable to him at the overtime rate :
Provided further that it in the case of an employee governed by piece-rate scheme the
wages for the rest-day, or as the case may be, the rest-day and the substituted rest-day,
shall be such as the State Government may from time to time prescribe, having regard to
the minimum rate of wages fixed under the Act in respect of the schedule employment.
Explanation.--In this sub-rule, "next preceding day" means the last day on which the
employee has worked, which precedes the rest-day of the substituted rest-day, as case
may be, and where the substituted rest-day falls on a day on which employee has worked,
which precedes the rest-day.
(5) The provisions of this rule shall apply to the employees in scheduled employments
other than agricultural employment.
(6) The provisions of this rule shall not operate to the prejudice of more favourable
terms, if any, to which an employee may be entitled under any other law or under
the terms of any award, agreement or contract of service in such a case, the
employee shall be entitled only to the more favourable term aforesaid.
Explanation.--For the purposes of this rule, "week" shall mean a period of seven days
beginning at midnight on Saturday night.
24. Number of hours of work that shall constitute a normal working day
(1) The number of hours of work constituting of a normal working day shall
(a) in the case of an adult employee, be 9 hours, inclusive of intervals for rest as
specified in sub-rule (2) below;
(b) in the case of a child, be 4-1/2 hours; and
 (c) in the case of an adolescent, be 9 hours or 4-1/2 hours, as the case may be,
accordingly as the adolescent may be certified to work as an adult or a child by
a registered medical practitioner approved by the State Government.
(2) The period of work of an adult employee each day shall be so fixed that no period
shall exceed five hours and that no employee shall work for more than five hours
before he has had an interval for rest of at least half an hour.
(3) The provisions of sub-rules (1) and (2) of this rule shall, in the case of employees in
agricultural employment, be subject to such modifications, as may from time to
time, be notified by the State Government.
24-A.
The provisions of Section 13(1) and Rules 23 and 24 shall apply to the classes of
employees specified in Section 13(2) only to the extent and subject to the conditions
specified below
(i) No employee shall be allowed or required to work continuously for a period of more
than fourteen days without a rest day of 24 consecutive hours.
(ii) Every employee shall be allowed a substituted rest-day within a fortnight of the rest-
day on which he is allowed or required to work and an intimation thereof shall be
sent to the Inspector so as to reach him at least 24 hours before the substituted
rest-day is allowed.
(iii) No employee shall be allowed or required to work for more than 13 hours in a day.
(iv) The payment for the work done in excess of the normal working hours fixed Rule 24
shall be made at the overtime rate fixed by the State Government under the Act.
(v) A notice of overtime work to be taken from the employees shall be fixed in the
premises of the employment before the commencement of the work mentioning
the names of the person put on overtime work and the purpose and duration of
such employment. A copy of such notice shall also be sent to the Inspector
concerned within 24 hours of the start of the work.
25.
The provisions of Rules 23 and 24 shall not operate to the prejudice of any rights to which
an employee may be entitled under the U.P. Factories Act, 1948, or the U.P. Shops and
Commercial Establishments Act, 1947, where either of these Acts, is applicable.
2
[25-A.
(i) Where an employee in a scheduled employment is governed by the provisions of the
Factories Act, 1948 or the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam,
1962 or any other enactment prescribing such extra wages for overtime as are more
beneficial than the extra wages for overtime prescribed hereinafter in this rule, he
shall receive overtime wage at the rates prescribed by the said enactment.
 (ii) in cases not covered by sub-rule (i) when an employee in a scheduled employment
works for more than the number of hours of work constituting a normal working day
or for more than 54 hours a week he shall in respect of every hour or part of an hour
so worked in excess be paid at the following overtime rates namely
(a) in the case of employment in agriculture and tea plantation one and a half
times the ordinary rates of wages;
(b) in case of any other scheduled employment at double the ordinary rates of
wages
Provided that the period of overtime in all the scheduled employments other than
employment in agriculture and tea plantation shall not exceed 200 hours in the aggregate
in any calendar year.
(iii) No child shall be allowed to work overtime.
However, an adolescent who has been certified under Section 70 of the Factories
Act, 1948 (Act LXIII of 1948) to work as an adult, may be required to work overtime
within the limit prescribed under clause (b) of sub-rule (ii).
Explanation.--The expression "ordinary rates of wages" means the basic wages plus cost of
living allowance and value of the concessions in respect of supplies of essential
commodities at concessional rates where so authorised but does not include bonus.
(iv) Register showing overtime payment shall be kept in Form XVII.
26. Form of registers and records
(1) A Register of Wages shall be maintained by every employer and kept in such form
as may be notified by the Government and shall include the following particulars
(a) the gross wages of each employee for each wage period;
(b) all deductions made from wages, with an indication, in each case, of the kinds
of deduction mentioned in sub-rule (2) of Rule 21;
(c) the wages actually paid to each employee for each wage period and the date
of payment;
(d) “rates of wages paid."
(2) Wage slip containing the aforesaid particulars and such other particulars as may be
notified by the State Government shall be issued by every employer to every
employee employed by him at least a day prior to the disbursement of wages.
(3) Every employer shall get the signature or the thumb- impression of every employee
on the wage book and wage slip.
(4) Entries in the wage books and wage slip shall be authenticated by the employer or
any person authorised by him in this behalf.
(5) A muster roll should be maintained by every employer and kept in Form IV.
 (6) Every employer shall keep exhibited the following notices in a conspicuous place, in
the factory, workshop or place where the employees in the scheduled employment
are employed and in the case of out-workers, in such factory, workshop or place as
is used for giving out-work to them.
Notice No. 1.—Rates of minimum wages fixed under the Minimum Wages Act, 1948,
Form XI.
Notice No. 2. ---Abstract of the Minimum Wages Act, 1948 and the U.P. Minimum
Wages Rules, 1952, Form XII.
Notice No. 3--Name and address of the Inspector concerned, Form XIII.
Notice No. 4.--Weekly holiday, Form XIV.
Notice No. 5.--Working hours of employees, Form XV.
Notice No. 6.--Time for payment of wages, Form XVI.
(7) The provisions of sub-rules (1) to (5) shall apply in the case of establishments or
concerns covered by the Factories Act, 1948, the Payment of Wages Act, 1936, or
the U.P. Shops and Commercial Establishments Act, 1947, with such modifications as
the State Labour Commissioner or the State Government may by notification specify
Provided that where the State Labour Commissioner or the State Government is satisfied
that in relation to any class of employees in a scheduled employment generally or in a
local area it is not possible to maintain any of the aforesaid prescribed form or registers
and records, he or it may by a notification in the Official Gazette direct the employment in
such cases to maintain an alternative form of registers and records.
26-A. Preservation of registers
The registers to be maintained under Rules 21(4) and 26(1) and the muster roll required to
be maintained under Rule 25(5) shall be preserved for a period of three years after the
date on which the last entry is made therein.
26-B. Production of registers and other records
All registers and records required to be maintained by an employer under these rules shall
be produced on demand before the Inspector
Provided that where an establishment has been closed, the Inspector may demand the
production of the registers and records in its office or such other public place as may be
nearer to the employer.
27.
Save as otherwise provided in Standing Orders in force in any establishment under the
Industrial Employment (Standing Orders) Act, 1946, or any other law for the time being in
force, no employee shall be entitled to receiver wages for a full normal working day if
failure to work is caused owing to justifiable play-off resorted to by the employer.
 Explanation.--The expression "justifiable play-off meant a play-off resorted to by an
employer in the event of a fire, catastrophe, breakdown of machinery or stoppage of the
power supply, epidemic, civil commotion, illegal strike, shortage of orders or any other
trade reason, or other causes, whether of a nature or not, beyond the control of the
employer.
CHAPTER V
CLAIMS UNDER THE ACT
28. Applications
(1) A application under sub-section(2) of Section 20 or sub-section (1) of Section 21, by
or on behalf of an employee or a number of employees shall be made in duplicate in
Forms V, V-A, or VI, as the case may be, the prescribed Court-fee being payable on
one copy only.
A single application under Section 20 read with sub-Section (1) of Section 21 may be
presented on behalf or in respect of any number of employees, if they are borne on the
same establishment and their claim relates to the same wage period or periods.
29. Authorization
The authorization to act on behalf of an employee or employees, under sub-section (2) of
Section 20 or sub-section (1) of Section 21 shall be given in Form VII by an instrument
which shall be presented to the authority hearing the application and shall form part of
the record.
30. Appearance of parties
(1) If an application under sub-section (2) of Section 20 or Section 21 is entertained the
authority shall serve upon the employer by registered post a notice in Form VIII to
appear before him on a specified date with all relevant documents and witnesses, if
any, and shall inform the applicant of the date so specified.
(2) If the employer or his representative fails to appear on the specified date, the
authority may hear and determine the application ex parte.
(3) If the applicant or his representative fails to appear on the specified date, the
authority may dismiss the application.
(4) An order passed under sub-rule (2) or sub-rule (3) may be set aside on sufficient
cause being shown by the defaulting party within one month of the date of the said
order and the application shall then be reheard after service specified of notice on
the opposite party of the fixed for rehearing in the manner in sub-rule (1).
 CHAPTER VI
SCALE OF COSTS IN PROCEEDINGS UNDER THE ACT
31. Costs
(1) The Authority for reasons to be recorded in writing, may direct that the costs of any
proceeding pending before it shall not follow the event.
(2) The costs which may be awarded shall include
(i) expenses incurred on account of Court-fee;
(ii) expenses incurred on subsistence money to witnesses; and
(iii) pleader's fees to the extent of ten rupees provided that the Authority in any
proceeding may reduce the fees to a sum not less than five rupees or for
reasons to be recorded in writing increase it to a sum not exceedings twenty-
five rupees.
(3) Where there are more than one pleader or more than one applicant or opponent
the Authority may, subject as aforesaid, award to the successful party or parties
such costs as it may deem proper.
32. Court-fees
The Court-fee payable in respect of proceedings under Section 20 shall be
(i) for every applicant to summon a witness—one rupee in respect of each witness;
(ii) for every application made by or on behalf of an individual—one rupee;
(iii) for every application made on behalf or in respect of a number of employees—one
rupees per employee subject to a maximum of twenty rupees :
Provided that the Authority may, if in its opinion, the applicant is a pauper, exempt him
wholly or partly from the payment of such fees
Provided further that no fee shall be chargeable
(a) from employees in Agriculture; or
(b) in respect of an application made by an Inspector.

1 Vide Noti. No. 795(LL)/XVIII (L)-420(LL)-50, dt. 26.3.1952