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Sunday, 31 January 2016

Section 5 of UP Shop & Establishment Act 1962


CHAPTER -II

HOURS OF BUSINESS 

5. Hours of business - (1) No shop or commercial establishment,not being a shop or commercial establishment mentioned in Schedule II, shall , on any day, open earlier , or close later than such hour as may be prescribed in this behalf.

(2) Notwithstanding the provisions of sub-section (1),earlier opening ,or later closing ,hours may  be prescribed  for different classes of shops or commercial establishments, or  for different areas, or for different periods of the year.

(3) The state government may, at any  time ,by  notification in the gazette,add  to or remove form schedule -II ,any  class of shop or commercial establishment.

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CASE LAW :- A photographer engaged in taking photographs of his customers is exempt from operation of section  15, State V. Manmohan Nautiyal,1972 ALJ 569: 1972 AWR 438: 1972 All Cri C 260:1972 Cr LJ21428: 1972 All Cri R 277: 42 FJR 252: (1972) 1 Lab Ln 425.

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