Chapter I Chapter I

(1) This Act may be called the Orissa Shops and Commercial Establishments Act, 1956. (2) It extends to the whole of the State of Orissa. (3) This section shall come into force at once. (4) The remaining sections shall come into force in the first instance in such areas and on such date as the State Government may specify by notification in this behalf. (5) The State Government may, after giving ninety days notice of its intention of so doing, by notification bring into force the remaining provisions of this Act to such other area or areas and on such date or dates as may be appointed in this behalf.

In these Act, unless there is anything repugnant in the subject or context- (1) "apprentice" means a person, aged not less then twelve years, who is employed, whether on payment of wages or not for the purpose of being trained in any trade, craft or employment in any establishment; 1[(1-a) “adolescent” means an adolescent as defined in the child and adolescent Labour (Prohibition and Regulation), Act, 1986;] (2) "Chief Inspector" means the Chief inspector appointed to function as the chief executive authority under this Act; 1[(2-a) “child” means a child as defined in the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986;] (3) "closed" means not open for the service of any customer or for any business connected with the establishment; (4) "commercial establishment" means a commercial or trading or banking or Insurance establishment, an establishment or administrative service in which the persons employed are mainly engaged in official work, hotel, restaurant, boarding, or eating house, cafe or any other refreshment house, theatre or any other place of public amusement or entertainment and includes such establishment as the State Government may, by notification, declare to be a commercial establishment for the purposes of this Act; (5) "day" means the period of twenty-four hours beginning at midnight; Provided that in the case of an employee whose hours of work extend beyond midnight 'day' means the period of twenty-four hour beginning from the time when such employment commences irrespective of midnight (6) "employee" means a person wholly or principally employed in, and in connection with, any establishment and includes an apprentice, but does not include a member of the employer's family. It also includes any clerical or other staff of a factory or industrial establishment who falls outside the coverage of the Factories Act, 1948 (LXIII of 1948); (7) "employer" means a person having charge of, or owning or having ultimate control over the affairs of an establishment and includes the manager, agent or other person acting in the general management or control of an establishment; (8) "establishment" means a shop or a commercial establishment, (9) "family" in relation to an employer means the husband or wife, son, daughter, father, mother, brother or sister of such employer who lives with and is dependent on him; (10) "Inspector" means an Inspector appointed under this Act; (11) "leave" means leave provided for in Chapter IV of this Act; (12) "night" means a period of at least twelve consecutive hours which shall include the interval between 10 p.m. and 6 a.m.; (13) "opened" means opened for the service of any customer or for any business connected with the establishment; (14) "period of work" means the time during which an employee is at the disposal of the employer; (15) "prescribed" means prescribed by rules under this Act; (16) "prescribed authority" means the authority prescribed under the rules made under this Act; (17) "register of establishment" means a register maintained for the registration of establishments under this Act; (18) "registration certificate" means a certificate showing the registration of establishment; (19) "shop" means any premises where any trade or business is carried on or where service are rendered to customers and includes offices, store rooms, godowns or warehouses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (LXIII of 1948); (20) "spread over" means the period between the commencement and the termination of the work of an employee on any day; (21) "week" means the period of seven days beginning at midnight of Saturday or such other night as may be approved in writing for a particular area by the prescribed authority.

(1) Nothing in this Act shall apply to - (a) offices of, or under the Central or State Government or local authorities; (b) offices under the Reserve Bank of India; (c) establishments run by the owners themselves without employing any employee or establishments in which only members of employer's family are employed; (d) establishments for the treatment or care of the Sick, infirm, destitute, mental unfit persons; (e) persons occupying positions of management or employed in confidential capacity; (f) persons whose work is inherently intermittent such as travellers or care-takers; (g) persons directly engaged in preparatory or complementary work such as clearing or forwarding clerks responsible for the despatch of goods; (h) fairs, or bazars for the sale of work for charitable or other purposes for which no private profit is derived; and (i) libraries at which the business of lending books or periodicals is not carried on for purposes of gain other than that of making profits for charitable, philanthropic, religious of educational objects. (2) The State Government may, by notification exempt either permanently or for any specified period, any establishment or class of establishments or persons or class of persons, to which or to whom this Act applies, from all or any of its provisions subject to such conditions as they may doom fit.