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State of Odisha - Act

The Orissa Shops and Commercial Establishments Rules, 1958

ODISHA
India

The Orissa Shops and Commercial Establishments Rules, 1958

Rule THE-ORISSA-SHOPS-AND-COMMERCIAL-ESTABLISHMENTS-RULES-1958 of 1958

  • Published on 9 May 1958
  • Commenced on 9 May 1958
  • [This is the version of this document from 9 May 1958.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Orissa Shops and Commercial Establishments Rules, 1958Published vide Notification Orissa Gazette No. 19 dated 9.5.1958

1. Short title.

- These rules may be called the Orissa Shops and Commercial Establishments Rules, 1958.

2. Definitions.

(a)The "Act" means the Orissa Shops and Commercial Establishments Act, 1956;
(b)"Form" means a form appended to these rules;
(c)"Government" means the Government of Orissa;
(d)"Section" means a section of the Act;
(e)"Schedule" means a schedule appended to these rules;
(f)Words and expressions used in the Act and not defined in these rules shall have the meanings assigned to them in the Act.

3. [Registration and renewal of registration. [Substituted vide O.G. No. 32 dated 9.8.1968]

- The fees prescribed for registration and renewal of an establishment shall be as in the schedule below -]

Schedule

[ * * *] [Omitted vide O.G. Part 111-Page 149 Of 1970.]
Sl. No. Category of Establishment Fees for registration Fees for renewal of registration for five years
1 2 3 4
    Rs. P. Rs. P.
1. Shops and commercial establishment other than items 3 and 5employing five or more employees 5.00 10.00
2. Shops and commercial establishment other than items 3, 4 and5 employing less than five employees 2.50 5.00
3. Residential hotels 5.00 10.00
4. Hotels other than residential, restaurants cafe, boarding andeating houses 2.50 5.00
5. Theatres and other places of public amusement andentertainment 5.00 10.00

4. Application for renewal.

- Within the period specified in Sub-section (4) of Section 4 of the Act, the employer of every establishment shall submit to the Inspector of the area concerned an application in Form No. 1 together with the treasury challan in token of payment of the prescribed fee, for registration or renewal of registration of the establishment :Provided that an application for the renewal of the registration shall be made so as to reach the Inspector not less than two months before the date on which the current registration expires, and if the application is so made the premises shall be held to be duly registered until such date as the Inspector renews or otherwise disposes of the application :[Provided further that if the application for renewal is not received within the time specified in the above proviso, a fee of twenty-five per cent in excess of the fees ordinarily payable for the registration certificate shall, be payable for such renewal.] [Added by O.G.P.III, No. 21. P.149-Dated-12.6.1970]

5. [ Issue of Registration Certificate. [Substituted by O.G.P.III, No. 21. P.149-Dated-12.6.1970]

- [(a)]-The fees prescribed for registration and renewal of registration of a commercial establishment Shop shall be as specified in the Schedule below :]

Schedule 2

Fees prescribed for registration and renewal of registration of shop/commercial establishments
Number of workers employed in Shop/CommercialEstablishment Fees for registration and renewal ofregistration per year
(1) [] [Substituted vide O.G.E. No. 1082 dated 11.8.2004.] (2)
1 to 9 Rs.[50.00] [Substituted vide O.G.E. No. 1082 dated 11.8.2004.]
10 to 19 Rs.[100.00] [Substituted vide O.G.E. No. 1082 dated 11.8.2004.]
20 or more Rs.[200.00] [Substituted vide O.G.E. No. 1082 dated 11.8.2004.]
(b)[ The registration certificate granted under rule 5 (a) may be amended by the Inspector on being satisfied about the correctness of the statement in the application and register the amendment on the registration certificate. [Added by O.G.P. Ill No. 21 P-148 Dated 12.6.1970.]
(c)An employer who desires to have his registration certificate amended shall submit to the Inspector an application in Form I in duplicate duly filled-in stating the nature of amendment required and reasons therefore, alongwith the registration certificate for necessary amendment therein.
(d)The fees for the amendment of a registration certificate shall be amounted rupees [twenty] plus the amount, if any, which the fees that would have been payable if the certificate has been originally issued in the amended form exceeds the fees originally paid for the certificate].
(e)[ A fee on fifty percent in excess of the fees ordinarily payable for registration and renewal a registration as specified in clause (a) of Rule (5) shall be payable after gap of every five year] [Added vide O.G.E. No. 1082 dated 11.8.2004.].

6. [ Validity of the Registration Certificate. [Substituted vide Notification No. 13536/13.8.1982.]

- Every certificate granted under Rule 5 shall remain in force for a period of one year.]

7. [ Refund of the paid on application under Rule 4, if rejected. [Substituted vide O.G. Part 111 No. 21P 149 dated 12.6.1970.]

(a)All fees to be paid under these rules shall be paid into the local treasury under the provincial receipt head [087-Labour and Employment-(a) Receipts under labour laws-(B). Fees realised under the Orissa Shops and Commercial Establishment Act, 1956] and the receipt obtained, shall be submitted to the Inspector along with the application for grant, renewal, amendment, transfer or issue of a duplicate registration certificate.
(b)If an application for grant, renewal, amendment, transfer for issue of a duplicate registration certificate is rejected, the fees paid shall be refunded to the applicant.]

8. Procedure when duplicate registration certificate is to be issued.

- If a registration certificate issued under Rule 5 is lost, destroyed or defaced the employer of the establishment shall forthwith report the matter to the Inspector, who had issued the certificate, and shall apply with a fee of [twenty per cent of the fees of registration paid in the manner specified in Rule 5] [Added vide O.G.E. No. 1082 dated 11.8.2004.] for the issue of a duplicate registration certificate. Upon receipt of such application and the fee, the Inspector shall furnish the employer with a duplicate copy of the certificate bearing the stamp 'Duplicate'.

9. Display of Registration certificate.

- The employer shall display the certificate of registration in a conspicuous place of the establishment.

10. [ Notice of change in establishment. [Substituted vide O.G.E. Part 111 No. 44 dated 8.11.1974.]

(a)An employer holding a registration certificate may, at any time, before the expiration of its period of validity apply for permission to transfer the certificate to another person in Form No. 4.
(b)Such application shall be made to the Inspector who shall, if he approves of the transfer, enter up to the registration certificate under his signature, an endorsement to the effect that the registration certificate has been transferred to the person named.
(c)The fees chargeable for transfer of registration certificate shall be [fifty per cent of the amount in the manner specified in Rule 5]
(d)If an employer holding a Registration certificate dies or becomes insolvent, the person carrying on the business of the establishment/shop shall not be liable to any penalty under the Act for exercising the powers granted to the employer by the registration certificate during such time as may reasonably be required to allow him to make an application in Form 4 tor transferring the registration certificate in his own name.]

11. Hours of work.

- The employer shall exhibit in his establishment a notice specifying the daily periods of work of each employee. The notice shall be in Form No. 5 and shall continue to be exhibited so long as the hours of work specified in it remain in force.

12. Manner of calculating ordinary rate of wages.

- [(1)] [Rule 12 re-numbered as sub-rules (1), (2), (3), & (4) inserted O.G.P. Part III No. 32 dated 9.8.1963.] For the purpose of Sub-sections (1) and (2) of Section 8 ordinary rate of wages per hour shall be calculated by dividing the total wages payable to a person employed during the wage period by number of hours actually worked by him :Provided that the hours worked by a person employed in excess of the normal daily hours during the wage period shall be excluded in calculating the number of hours actually worked by him.
(2)Monthly average market rate of foodgrains and other articles shall be computed at the end of every month.
(3)The cash equivalent of the advantage through the concessional sale of foodgrains and other articles payable to the worker doing overtime work shall be the difference between the value at the average rate in the nearest market prevailing during the month immediately preceding the overtime work and the value at the concessional rates allowed of foodgrains and other articles, he is entitled.
(4)[ Every Employer shall maintain Combined Register of Overtime Working and Payment in Form 12.] [Substituted vide O.G.E. No. 423 dated 23.3.2009.]

13. Enquiry before fixing of opening and closing hours of establishments.

(1)The Government shall make an enquiry under Sub-section (2) of Section 11 before fixing the opening and closing hours of the establishments in the manner specified in Sub-rule (2).
(2)The Government shall give notice of their intention to pass an order fixing the opening and closing hours of establishments in Form No. 6. Such notice shall specify the area and the establishment or establishments or class or classes of establishments to which the order shall apply. The hours of opening or the hours of closing or both, which are proposed to be fixed and the day in respect of which such hours are so proposed to be fixed. The notice shall also state that objections and suggestions if any with respect to such may be sent to the Chief Inspector within one month from the date of issue of such notice.
(3)The notice shall be published in the Orissa Gazette and in one or two of the leading daily newspapers of the State.
(4)The Government shall consider all objections and suggestions received under Sub-rule (2) before passing any order under Sub-section (1) of Section 11.

14. Weekly holidays.

- The notice of weekly holidays shall be in Form No. 7.

15. Registers to be maintained by every employer.

- Every employer shall maintain the following registers in respect of the employees of his establishment namely :
(1)[ * * *] [Deleted vide O.G.E. No. 423 dated 23.3.2009.]
(2)Service and Leave Account in Form No. [8] [Substituted vide O.G.E. No. 423 dated 23.3.2009.] retainable for one year after termination of the service of the employee.
(3)[ A Combined Muster Roll-cum-Register of Wages in Form 10 retainable for three years.] [Substituted vide O.G.E. No. 423 dated 23.3.2009.]

16. Holiday, how treated for purpose of Section 14.

- A holiday shall be treated as a day of work for purpose of computing the number of days worked by an employee for purposes of Section 14.

17. Sickness leave.

(1)If a worker absents himself from work on ground of illness, he shall, If so required by his employer by a notice in writing, submit a medical certificate signed by a registered medical practitioner or by a registered or recognised Vaidya or Hakim stating the cause of absence and the period for which the worker is in the opinion of such medical practitioner, Vaidya and Hakim, unable to attend to his work.
(2)Every application from an employee, for sickness leave under Subsection (3) of Section 14 shall be submitted in writing. The employer shall record his orders on the application and retain them till the end of the succeeding calendar year.

18. Wages.

- The payment of Wages Act, 1936 (Act IV of 1936), shall apply mutatis mutandis, to all employees referred to in the Act.

19. Gratuity.

- An employee shall be entitled to a gratuity under Section 21 on-
(i)being incapacitated to work due to an accident or otherwise rendered medically unfit;
(ii)completion of the 60th year of age.

20. Age of child employee.

- The Inspector may require the employer to produce an authentic extract from the records of any School, Panchayat or Municipality or, in absence of such extract, a certificate from a Registered Medical Practitioner stating the age of any person employed by such employer.

21. Maternity benefit .

- The rates of the maternity benefit payable to a woman employee and the manner of its payment shall be regulated by the Orissa Maternity Benefits Act, 1953.Health, safety and welfare of employees

22. [] [Rule 22 deleted vide O.G.E. No. 423 dated 23.3.2009 and Rule 23, 24 and 25 renumbered as 22, 23 and 24.] Rubbish not to be allowed to accumulate.

- No rubbish, filth or debris shall be allowed to accumulate or to remain on any premises in an establishment in such position that effluvia therefrom can arise within the establishment.

23. [] [Rule 22 deleted vide O.G.E. No. 423 dated 23.3.2009 and Rule 23, 24 and 25 renumbered as 22, 23 and 24.] Precautions against fire.

- No person shall smoke or use a naked light or cause or permit any such light to be used, in the immediate vicinity of any inflammable material in any establishment.

24. [] [Rule 22 deleted vide O.G.E. No. 423 dated 23.3.2009 and Rule 23, 24 and 25 renumbered as 22, 23 and 24.] Qualifications of Inspectors.

(1)No person shall be appointed to be an Inspector under the Act unless (i) he is a graduate of a recognised University, (ii) obtained a diploma or degree in social work of a recognised University, and (iii) able to speak, read and write in Oriya :Provided that in special circumstances the State Government may relex any of the above conditions.
(2)No person shall be appointed to be an Inspector under the Act, or having been so appointed, shall continue to hold office in the area for which he is to be or has been appointed if he has or acquires, directly or indirectly by himself or by any partner, any share or interest in any establishment in such area to which the Act applies.Miscellaneous

25. [] [Rules 26 and 27 deleted vide O.G.E. No. 423 dated 23.3.2009 and Rule 28 renumbered as 25.] Annual Returns.

- [Every employer shall send to the Inspector the combined Annual return in Form 14 for the calendar year so as to reach him not later than the 31st March of the year next following year to which such return relates.] [Substituted vide O.G.E. No. 423 dated 23.3.2009]

26. [] [Rule 29 re-numbered vide O.G.E. No. 423 dated 23 3.2009.] Penalty.

- Any person who contravenes any of the provisions of these rules shall, on conviction, if no other penalty is already provided in the Act for such contravention, be punishable with fine which may extend to fifty rupees.

27. [ Submission of Self Certification Undertaking. [Inserted vide O.G.E. No. 423 dated 23.3.2009.]

(1)The Employer/ Owner authorized executives prescribed authority, within the ambit of Section 2(4), (7), (8), (16) and (19) of the Act, shall submit a Self Certification Undertaking for the ensuing calendar year, in respect of their Shops and Commercial Establishments in Form 15 to the specified Authority of the area incorporating therein, the required details-cum-Self Certification Undertaking in duplicate before 31st December of each calendar year.
(2)in the event of any subsequent charge of variation of the facts and factums incorporated in the annual self certification undertaking referred to above, it shall be mandatory/obligatory on the part of the concerned person(s) to communicate the same by way of submission of modified self certification undertaking afresh, within a month's period from the date of occurrence of such change and variation to the concerned specified authority.Provided in course of subsequent verification/check up inspection by the concerned specified Authority, if the information-cum-self certification undertaking including modified undertaking so furnished subsequently as the case may be, found to be incorrect, erroneous and distortive, the concerned persons shall inevitably be jointly/severally liable for violation of the provision of the Sub-section (3) of the Section 42 of the Act.]Form I[See Rule 4]Application for Registration or Renewal of Registration of an Establishment

1. Name of the employer [and his father's/her husband's name in case of married female employer] [Added vide CFG. Part III Page 203-70.]

2. Full postal address of the employer

3. The name, if any, of the establishment

4. Full postal address of the establishment

5. The category of the establishment

6. The date on which the establishment commenced work

7. Number of employee/employees employed on the date of application

8. In case of renewal of registration whether the registration certificate of the previous year enclosed

9. An amount of Rs........(Rupees.........only) has been paid......Treasury.........on............under the head of Account ....... (vide Challan No..., dated............enclosed)

Signature of the employer................................................................Dated.......................*State if it is a shop, an establishment, residential hotel, non-residential hotel, restaurant, cafe, boarding or eating house, theatre or other place of public amusement or entertainment.Received an application in Form No. 1, with Treasury Challan No..........dated.........from this day of................20.................Signature of the Inspector, Shops and Commercial Establishments Area.............Form 2[See Rule 5]Register of Establishments

Part I – Shops

Part II – Commercial Establishments v

Part III – Residential Hotels

Part IV – Non-residential hotels, restaurants, cafe, boarding or eating houses.

Part V – Theatres or other places of public amusement or entertainments

Serial No. Date of receipt of application Name and address of employer Name and address of establishment Number of employees Amount of fee paid Registration Certificate No. Period for which granted or renewed Remarks
1 2 3 4 5 6 7 8 9
                 
Form 3[See Rule 5]Registration CertificateNo...............Fees Rs...............It is hereby certified that the establishment mentioned below has been registered for carrying on business of.............. for the period ending with the 31st December, 20.......Name of establishment, if any..............Name of employer...............Postal address of the shop/establishment................Inspector of Shops and Commercial Establishment .........................Area
Date of Renewal Date of expiry Signature of the Inspector of Shops andCommercial Establishment
1 2 3
     
Form 4[See Rule 10]Notice of change in the establishmentToThe Inspector of Shops and Commercial EstablishmentsSir,I hereby give notice of the following change in the establishment which requires correction of the relevant entries in the Registration Certificate No .............enclosed.Yours faithfully Signature of the Employer Dated...............Form 5[See Rule 11]Notice of daily hours of work of employeecommencing...........20.....Name of Employer/Establishment..........Registration Certificate No......
Name of employee Whether adult male or female or child From To From To
1 2 3 4 5 6
           
Dated.....................Signature of EmployerNote - (1) The notice shall be in such language as may be read by any person whom it affects.
(2)The hours to be specified in the notice shall be the normal hours of work exclusive of overtime.Form 6[See Rule 13 (2)]Notice is hereby given that the Government of Orissa propose to pass an order under Sub-section (1) of Section 11 of the Orissa Shops and Commercial Establishments Act, 1956 that with effect from........ no shop/commercial establishment situated in....... shall be opened on any day earlier than......... and/or shall be closed on any day later than .............Any person wishing to make any objection or suggestion with respect to the above order shall send in writing to the Chief Inspector before this ........the day of........20.......Dated this.........day of .......20....Secretary to Government Labour DepartmentForm 7[See Rule 14 (1)]Name of Employer/Establishment ...........Registration Certificate No .......Notice is hereby given that with effect from........the establishment shall observe..............as the weekly holiday.Signature of Employer Date.........Form 8[* * *] [Form 8 deleted Vide O.G.E. No. 423 dated 23.3.2009 and Form 9 renumbered as Form 8.][Form 8] [Form 9 renumbered as Form 8 vide O.G.E. No. 423 dated 23.3.2009.][See Rule 15 (2)]Service and leave account
Name of employer/establishment................... Name of employee..............
Registration Certificate No....................... Adult, male or female, or child..............
Name of employment, if any Monthly or weekly rate of pay or wages Date of employment Leave earned Period of leave refused to be carried over Leave availed
From To Number of days At credit Earned Total From To
1 2 3 4 5 6 7 8 9 10 11
                     
Number of days Balance of leave at credit Sickness leave Number of days availed Balance after each occasion Signature or thumb impression of the employee Signature of employer Remarks
From To
12 13 14 15 16 17 18 19 20
                 
[Form 10] [Substituted vide O.G.E. No. 423 dated 23.3.2009.][See rule 15(3)]Appendix-2(a)Combined Muster Roll-cum-Register of WagesIn lieu of 1. Form No.29 (Muster Roll) Rule 104 of Orissa Factories Rules, 1950.

2. Form No.V (Muster Roll) Rule 26(5) of Orissa Minimum Wages Rules, 1945.

3. Form No.X (Wages) Rule 26(1) of Orissa Minimum Wages Rules, 1954.

4. Form No.XIII (Muster Roll) Rule 33(1) of Orissa Beedi & Cigar Workers (Condition of employment) Rules, 1969.

5. Form No. XVI (Muster Roll) Rule 239(1) a of Orissa Building & Other Construction Workers etc. Rules, 2002.

6. Form No.XVII (Register of Wages) Rule 239(1) a of Orissa Building & Other Construction Workers etc. Rules, 2002.

7. Form No. XVIII (Register of Wages-cum-Muster Roll) Rules 239(1) a of Orissa Building & Other Construction Workers etc. Rules, 2002.

8. Form No. XVII (Muster Roll) Rule 52(2)(a) of Orissa Inter-State Migrant Workmen (RE&CS) Rules, 1980.

9. Form No.XVIII (Register of Wages) Rule 52(2)(a) of Orissa Inter-State Migrant Workmen (RE&CS) Rules, 1980.

10. Form No.10 (Register of payment) of Orissa Shops and Commercial Establishment Rules, 1958.

11. Form No. 8 (Daily record of works & orders relating to compensating Leave and Deduction from wages of Orissa Shops and Commercial Establishment Rules, 1958.

12. Form X (Muster Roll) Rule 36 of Orissa Motor Transport Workers Rules, 1966.

13. Form XIII (Wages) Rule 77(2)(a) of Orissa Contract Labour (R&A), Rules, 1975.

14. Form XII (Muster Roll) Rule 77(2)(a) of Orissa Contract Labour (R&A), Rules, 1975.

15. Form VI (Muster Roll) Rule 9 of Orissa Industrial Employment (N&F) H. Rules, 1972.

[Form 11] [Deleted vide O.G.E. No. 423 dated 23.3.2009.][Form 12] [Form 11 is deleted and Form 12 Substituted vide O.G.E. No. 423 dated 23.3.2009.][See rule-12 (4)]Appendix-2(c)Combined Register of Overtime Working and PaymentIn lieu of 1. Form No.10 of Rule 79 of Orissa Factories Rules, 1950 (N.B. : Rule 80 & Form 11 may be annulled)

2. Form No.IV of Rule 25(2) of Orissa Minimum Wages Rules, 1954.

3. Form No.XIX of Rule 77(2)(e) of Orissa Contract Labour (R&A) Rules, 1975.

4. Form No.12 of Rule 12(4) & Rule 15(3) of Orissa Shops & commercial Establishment Rules, 1956.

5. Form No.XIV of Rules 33(5) of Orissa B.C.W. (COE) Rules, 1969.

6. Form No.XI of Rule 37 of Orissa M.T. Workers Rules, 1966.

7. Form No.XVII of Rule 52(2)(a) of Orissa ISMW (RE & CS) Rules, 1980.

8. Form No.XXII of Rule 239(1)(c) of Orissa Building and other Construction Workers (Regulation of Employment & Condition of Service) Rules, 2002.

Sl. No. Name of the Employee/ Father's name/ Husband'sname Sex Designation Emp. No/ Sl. No. in register of employees Particulars of O.T. Worked
Date Hours
             
Normal rate of the wages per hour/ day Overtime rate of wages per hour Total O.T. earning Signature of the employee Signature of the paying authority
         
[Form 13][see rule 25]Combined Annual ReturnsIn the Lieu of
(i)Form-21, Rule-101 (I) Orissa Factories Rules, 1950
(ii)Form XX, Rule-81 (I) Form XXI, Rule-81 (2) Orissa Contract Labour (R&A) Rule-1975
(iii)Form-III, Rule-21 (4-A) Orissa Minimum Wages Rules - 1954
(iv)Form-IV, Rule-18, Orissa Payment of Wages Rules-1936
(v)Form 'D', Rule-5, Payment of Bonus Rules, 1975 (Central)
(vi)Form 13, Rule-28, Orissa Shops and Commercial Rules-1958
(vii)Form XIII, Rule-39, Orissa Motor Transport Workers Rules, 1966
(viii)Form L, Rule-16, Orissa Maternity Benefit Rules, 1966
(ix)Form 'V', Rule-8, O.I.E. (N&A) II Rules, 1972.
(x)Form XXV, Rule 240, Orissa Building and Other Construction Workers (RECS), Rules-2002.
(xi)Form XXIV, Rule 56(2) of Orissa Inter-State Migration of Workers (RECS) Rules, 1980
A. General Particulars -

1. (a) Name and full address of the Factory/Establishment (including Building and Other Construction of Work/Motor Transport undertakings)

  Factory/Establishment Regd./Administrative/ Head Office
NameAddressTel :Fax :E-mail :Website :    
(b)Name and Residential address of the Proprietor/Partner/Directors/ Employer/Principal/Employer/Occupier, (tick which ever is applicable).
Sl. No. NameFather's Name Designation Residential Address Tel/Mobile/E-mail
(1) (2) (3) (4) (5)
         
(c)Name and Residential Address of the Person responsible for the day to day conduct and control of business.
Name Residential Address Tel/Mobile/E-mail
     
(d)Name and Residential address of the occupier and Mgr. As named under the Factories Act, 1948.
Sl. No. Name Designation Residential Address Tel/Mobile/E-mail
(1) (2) (3) (4) (5)
         

2. Date of commencement of Manufacturing/Business/Estt./ Factories/Construction of Works.

2.

(A)Nature/Type of Industries/Estts.

2.

(B)Particulars of Products Manufactured/Services Rendered.
Name of the Product/ Services Annual Installed capacity Quantity Manufactured Percentage achieved Value
(1) (2) (3) (4) (5)
         

3. Registration and License Regn. No. License No.

(a)Factories Act, 1948
(b)Contract Labour (R&A) Act, 1970
(c)O.S. and C.E. Act, 1956
(d)ISMW (R&CE) Act, 1979
(e)M.T.W. Act, 1961
(f)Building and Other Construction Workers (RECS) Act, 1996

4. No. of Workmen/employees/employed.

Sl. No. Category Male Female Adolescent/ Adult Child Total No. of Employees
(1) (2) (3) (4) (5) (6) (7)
1 Unskilled          
2 Semi-skilled          
3 Skilled          
4 Highly skilled          
5 ITI / Diploma          
6 Degree-Engg.          
7 Executive          
8 Probationer /Trainees          
Form 15[See rule 27(1)](to be submitted in Duplicate before 31st December for the preceding calendar year)Self Certificate FormatForSubmission by Employer of Shops and Commercial Establishments under Orissa Shops and Commercial Establishments Act, 1956 and The Orissa Shops and Establishment Rules, 1958.
01. Name and Address of the Establishments :-
02. Registration Number and Date (Section 4 Read with Rules 3 and5) :-
03. Number of Employees Employed :-
  Male :-
  Female :-
  Total :-
04. Whether the Registration is Renewed (Section 4, Read withRules 3 and 5) :-
05. Whether the prescribed Registers are maintained. (Section 38Read with Rule 15) :-
06. Whether exemption for maintaining Computerized and alternativeForms are obtained :-
07. Whether prescribed Hours of work Holidays, Leaves, MaternityBenefit is being implemented :-
  (Sections 7 to 10 and 27 and Rule 11) :-
08. Whether the Annual Returns are submitted (Rule 28) :-
Certificate
(i)Certified that we have complied/are complying with all the provisions under Orissa Shops and Commercial Establishment Act, 1956 and the Orissa Shops and Commercial Establishment Rules, 1958 are made thereunder, in addition to those specifically mentioned above.
(ii)We are the authorized persons to issue the above certificate and the above certificate is issued with full knowledge of the statue. We are jointly and severally responsible for any information found incorrect subsequently and liable for prosecution under provisions of the said Act and Rules made thereunder.
Signature of the Manager Signature of the Occupier
Name : Name :
Designation : Designation :
Date : Date :
Seal : Seal :
Accepted : Accepted :
Conveyed /Submitted toD.L.O./A L.C./Dy. L.C.  
Appendix-2(b)Combined Register of Fines, Deductions for Damage or Loss and AdvancesIn lieu of 1. Form No.I.II of Rule 21(4) of Orissa Minimum Wages Rules, 1954.

2. Form Nos. XVII, XVI, XVIII of Rule 78 (d) (fine), 77 (22) (d) (dedu.) 77(2) (d) (adv.) of Orissa Contract Labour (R&A) Rules, 1975.

3. Form Nos. I, II, III under Rule 3(1) (fine), 4 (deductions) and 17(3) (advances) of Orissa Payment of Wages Rules, 1936.

4. Form XIX, XX, XXI of Rule 52(2) C of Orissa I.S.M.W. (RE &CS) Rules, 1980.

5. Form XX, XIX and XXI under Rule-239(1 )(b) of Orissa Building and Other Construction Workers (RE & CS) Rules, 2002.

Sl. No. Name of the Employee/ Father's/ Husband's name Designation Emp. No./ Sl. No. in register ofemployees Nature & date of offence for which fineimposed Date and particulars of damages/ loss caused Whether worker showed cause against fine ordeductions
           
Amount of the fine imposed/ deduction made Date & purpose for which advance was made Amount of advance made & purpose thereof No. of instalments granted for repayment offines/ deductions/ advances Wages period and rate of wages payable Date of recovery of fine/deduction/ advance Remarks
First Instalment Last Instalment
             
Signature of the Employer/Principal Employer/Authorized signatory
Name and Address of theFactory /Establishment Name and Address of theContractor (if any)Place of work Name of Address of thePrincipal employerMonth/Year
Sl. No. 1. Name of the employee2. Father/ Husbandname Sex M/F Date of Birth Emp No./Sl. No. in Register of employees Degn/ Department Date of joining
             
             
             
             
             
ESI No. P.F. No. ATTENDANCEUnitsof work done (if piece rated) No. of payable days/ Total units of work done Name of N & FH for which wages have been paid
    1 2 3 4 5 6 7    
    8 9 10 11 12 13 14    
    15 16 17 18 19 20 21    
    22 23 24 25 26 27 28    
    29 30 31            
Month & Year
EARNINGS    
Basic DA/ VDA HRA Conv. allow. Med. allow. ATT/ allow.- bonus Spl. all OT Misc Earnings Others Total ESI
DEDUCTIONS      
PF PT TDS Socy Insurance Sal. Adv. Fine Damage Others Total Net payable Date of payment
Complete Signature of the Employer/Principal Employer/Authorized Signature

5. Particulars of Employment/Payment in Factories/ Estts./ Motor Transport Undertakings/Building Construction of Work.

(a){|
|-| No of Person on Roll as on 1st January| No. of Person on Roll as on 31st December| No. of days Factory/ Establishment/ Building &Other Construction Works/Carried on| No. of days Factory / Establishment/ Closed| No. of Mandays worked during the year| No. of man-hours worked including O.T. during theyear| Total Amount of salary/ wage paid including O.T.wages & allowances|-||||||||}
(b)Average Number of Employment during the year:-
Men Women Total
     
(c)No. of employees discharged/dismissed/terminated/retrenched/resigned or retired during the year.
Men Women Total
     
In respect of Minimum Wages & Payment of Wages etc.

6. Particulars of deduction made from salary (wages) under M.W. and P.W. Act.

  No. of Employees involved Total Amount of deduction made
1. Fines    
2. Damages / Loss    
3. Breach of Contract    
4. Others    
5. Total    
In respect of the Factories Act/Orissa Shops & Commercial Establishment Act, 1956/Orissa Industrial Establishment (National & Festival) Holidays Act, 1972

7. Particulars of Earned Leave with Wages/National Festival Holidays with Wages.

Total No. of Persons employed No. of Employees eligible for Earned Leave No. of employees availed/granted Earned Leave No. of employees paid wages/salary in lieu ofEarned Leave No. of Person who were paid wages for the NFIT(separate figure for each day may be furnished)
1. Man2. Woman       (i) 26th January(ii) 1st May(iii) 15th August(iv)2nd October(v)(vi)(vii)(viii)
In respect of Payment of Bonus

8. Payment of Bonus Paid during the year

Name of the Accounting year Total No. of employees No. of Employees eligible for Bonus Percentage of Bonus/Ex gratiadeclared Total amount of Bonus/Ex gratiapaid Date of Payment
1 2 3 4 5 6
           
Relating to the Factories Act

9. Does the factory carry on hazardous process under Section-2(cd) dangerous operation U/s 87 of Factories Act, 1948.

  If Yes .............................................. Yes/No
(i) Whether Health and Safety Policy prepared and published Yes/No
(ii) Whether occupational Health Centre provided Yes/No
(iii) Whether Medical Officer appointed Yes/No
(iv) Whether Ambulance Van provided Yes/No
(v) Average no. of persons employed daily in hazardousprocess/dangerous operation Yes/No

10. Safety and Welfare Officers :

(a){|
|-|| No. of Officers required to be appointed| No. of Officer actually appointed|-| (i) Safety Officers as per Section

40.

(B)of Factories Act.
(ii)Welfare Officers as per Section 49 of the Factories Act.
|||}
(b)Whether the following Welfare measures are provided ?
(i) Ambulance Room as per Section 45(A) Yes/No
(ii) Canteen as per Section 46(1) Yes/No
(iii) Whether the canteen is run departmentally or throughcontractor departmentally/Contractor  
(iv) Creche as per Section 48(i) Yes/No
(v) Shelters, Rest Rooms and Lunch Room as per Section 47(1) Yes/No

11. Particulars of Accidents, Man's days lost and others:-

(i) Total no. of accidents that have taken place in the year.
(ii) Number of employees involved in such accidents:-(a) Male (b)Female
(iii) Total number of man days lost in such accident
(iv) No. of employees returned to work within 48 hours of theaccident
(v) No. of employees returned to work after 48 hours of theaccident (Reportable accident)
  (a) Without Permanent /Partial/ Total Disablement
  (b) With Permanent / Partial / Total Disablement
(vi) Number of employees involved in accidents with eitherimmediately or later within 7 days resulted in death.
Maternity Benefit Act,

12. (a) Rating to Maternity Benefits :-

(i)   Total no. of women workers who worked for a period of 160 daysin the last 12 months immediately preceding the date of delivery.
(ii)   No. of women workers discharged/dismissed in the last 12months.
(iii)   No. of women worker for whom pre-natal confinement andpostnatal confinement.
(iv)   No. of women workers died.
  (a) Before delivery. -
  (b) After delivery -
(b)Lease/additional lease details :-
Item No. of women applied for leave Leave sanctioned Leave reject
(i) Mis-carriage(ii) Illness (additional leave under sec-10)      
(c)Maternity Benefit Paid
Item No. of claim received No. of leave sanctioned No. of claims rejected Total benefit paid in rupees
(i) Confinement        
(ii) Mis-carriage        
(iii) Illness        
(iv) Medical Bureaus        
Rating to Contract Labour (R&A) Act

13. (a) Contractor Labour

Name & Address of the Contractor/ Contractors Period of contract From/To Nature of work/ operation in which contractlabour were employed Department/ Section No. of person employed Maximum no. of contract workman employed on anyday during the year No. of days worked No. of man days worked
(i)(ii)(iii)(iv)            
  Total          
(b)Whether contract has provided ?
(i) Canteen Yes/No.
(ii) Rest Room Yes/No.
(iii) Drinking Water Yes/No.
(iv) Creche Yes/No.
(v) First Aid Yes/No.
(vi) Remarks Yes/No.
Relating to Building and Other Construction Workers (RE&CS) Act.

14. Particulars of accident that took place during the year

(i) The total No. of accident.
(ii) The number of accidents resulting in disablement of buildingworkers for less than 48 hours, the number of building workersinvolved and the number of man-days lost.
(iii) The number of accidents resulting in disablement of buildingworker beyond 48 hours, but not resulting in any permanentpartial or permanent total disablement, the number of buildingworkers involved and the number of man-days lost on account ofsuch accident.
(v) The number of accidents resulting on permanent partial ortotal disablement, the number of building workers involved andthe number of man-days lost on account of such accident.
(v) The number of accident resulting in deaths of building workersand the number of resultant deaths.

15. Inter-State Migrant Workmen (RE&CS) Act,

In respect of Principal Employer
(i)Number of contractors who worked in the establishment during the year with details.
Name & Address of the Contractor Period of Contract Nature of work Maximum number of workers supplied by eachcontractor No. of days worked No. of man days worked
From To
             

16. Beedi and Cigar Workers (Condition of Employment) Act, 1966

(i)Average number of employees employed daily in the industrial Premises:-
MenWomenYoung personMaleFemale
(ii)Average monthly number of home workers employed (i.e. who work in their homes)
(iii)Number of days worked in the year in the industrial establishment.
(iv)No. of employees who were granted leave during the calendar year.
Young persons (a) employees in the Industries Premises.
  (b) employees in home.
Other than young Persons (a) employees in the Industrial Premises
  (b) employed in home
(v)Number of female employees who were given maternity benefit during the year
(a)employees in the Industrial Premises
(b)employed in home