State of Odisha - Act
The Orissa Shops and Commercial Establishments Rules, 1958
ODISHA
India
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.]
1. Short title.
- These rules may be called the Orissa Shops and Commercial Establishments Rules, 1958.2. Definitions.
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.] |
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.]
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.]
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.13. Enquiry before fixing of opening and closing hours of establishments.
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 :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.
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-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 employees22. [] [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.
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. 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 EstablishmentsPart 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 |
| Date of Renewal | Date of expiry | Signature of the Inspector of Shops andCommercial Establishment |
| 1 | 2 | 3 |
| Name of employee | Whether adult male or female or child | From | To | From | To |
| 1 | 2 | 3 | 4 | 5 | 6 |
| 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 |
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 |
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 : |
| Sl. No. | NameFather's Name | Designation | Residential Address | Tel/Mobile/E-mail |
| (1) | (2) | (3) | (4) | (5) |
| Name | Residential Address | Tel/Mobile/E-mail |
| 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.
2.
| 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.
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 |
| 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) | :- |
| 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. |
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 | |||||
| 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 |
| 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 |
5. Particulars of Employment/Payment in Factories/ Estts./ Motor Transport Undertakings/Building Construction of Work.
| Men | Women | Total |
| Men | Women | Total |
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 |
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) |
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 |
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 :
40.
| (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. |
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 - |
| Item | No. of women applied for leave | Leave sanctioned | Leave reject |
| (i) Mis-carriage(ii) Illness (additional leave under sec-10) |
| 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 |
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 |
| (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. |
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| 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
| 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 |