EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 676, CUTT ACK, SAT URDAY, APRIL 28, 2018 / BAISAKHA 8, 1940
SECRETARIAT
OF
THE ODISHA LEGISLAT IVE ASSEMBLY
NOTIFICATION
The 27th April, 2018
No.4583/L.A.—The following Bill which has been introduced in the Odisha Legislative Assembly on the 27th April, 2018 is herewith published under Rule 68 of the Rules of Procedure and Conduct of Business in the Odisha Legislative Assembly for general information.
THE ODISHA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT)
Bill, 2018
A
BILL
FURTHER TO AMEND THE ODISHA SHOPS AND COMMERCIAL ESTABLISHMENTS
ACT, 1956
BE it enacted by the Legislature of the State of Odisha in the Sixty- ninth Year of the Republic of India as follows:—
1. This Act may be called the Odisha Shops and Commercial Short title .
Establishments (Amendment) Act, 2018.
2. In the Odisha Shops and Commercial Establishments Act, 1956 Odisha Amendment
Act 30 of (herein after referred to as the principal Act), in section 2,—
of section 2.
1956.
2
(i) after clause (1), the following clause shall be inserted, namely:—
'(1-a) "adolescent" means an adolescent as defined in the 61 of 1986.
child and adolescent Labour (Prohibition and Regulation), Act, 1986;' and
(ii) after clause (2), the following clause shall be inserted, namely:—
'(2-a) "child" means a child as defined in the Child and
61 of Adolescent Labour (Prohibition and Regulation) Act, 1986;'
1986.
3. In the principal Act, in section 4, after sub-section (2), the following sub- Amendment
section shall be inserted, namely:—
of section 4.
"(2-a) the name of the establishment shall be displayed in a sign
board in front of the establishment in Odia language prominently in addition to other language, if any:
Provided that the establishments displaying any sign board prior to
the commencement of the Odisha Shops and Commercial Establishments (Amendment) Act, 2018 shall display the same in Odia language within
one month from the date of such commencement."
4. In the principal Act, in section 7, for sub-section (2), the following Amendment
of section 7. sub-section shall be substituted, namely:—
"(2) No adolescent shall be allowed to work in any employment for more than six hours in a day."
5.In the principal Act, in section 14, for the words "a child" occurring in Amendment
of section 14. sub-sections (1) and (6), the words "an adolescent" shall be substituted.
6. In the principal Act, in section 16, for the words "a child", the words Amendment
of section 16 "an adolescent" shall be substituted.
7.In the principal Act, in section 22, the words " who has not Amendment
of section 22. completed the age of twelve" shall be omitted.
8. In the principal Act, in section 23, for the words " a child between Amendment
of section 23. the age of twelve and fifteen" the words "an adolescent" shall be substituted.
9. In the principal Act, for section 35, the following section shall be Amendment
of section 35. substituted, namely:—
"35. Whoever contravenes any of the provisions of the Act shall, on conviction, be punishable with fine which for the first offence shall not be
less than one thousand rupees and may extend to five thousand rupees and for the second or subsequent offence shall not be less than two
thousand rupees and may extend to twenty five thousand rupees."
Amendment
10. In the principal Act, in section 42, in sub-section (3), for the words, of Section 42.
"fifty rupees", the words" two thousand rupees" shall be substituted.
STATEMENT OF OBJECTS AND REASONS
The Odisha Shops and Commercial Establishments Act, 1956 was enacted to regulate the conditions of work and employment in all shops and commercial establishments in the State of Odisha.
2. As there is no specific provision in the Act to compel the Shops and Commercial establishments of our State to display the signboard in Odia language, the general public at large are facing difficulty when the signboard is not displayed in Odia language. Therefore, it is felt necessary to make it compulsory to display signboards used by all shops and commercial establishments in the State in Odia language in a time bound manner, failure of which will attract penal provisions which necessitates for amendment of the relevant provisions of the Odisha Shops and Commercial Establishments Act, 1956.
3. Further, consequent upon the amendment of the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986) in the Central Act 35 of 2016, the short title of the Act was changed to the "Child and Adolescent Labour (Prohibition and Regulation) Act, 1986" and a new concept of adolescent evolved there, enabling the person between the age of fourteen year and eighteen year to work in certain non-hazardous establishment. The same idea is accommodated in the present amendment as a matter of consequential amendment.
4. Year back during 1956 the penalty provision contained in Section 35 of the Act is too meagre in the present day situation for which the penalty is enhanced.
The Bill seeks to achieve the above objectives.
(SUSANTA SINGH)
MEMBER-IN-CHARGE
A.K. SARANGI
Secretary
Odisha Legislative Assembly
________
Printed and Published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10