EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 676, CUTTACK, SATURDAY, APRIL 28, 2018 / BAISAKHA 8, 1940

SECRETARIAT

OF

THE ODISHA LEGISLATIVE 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

Establishments (Amendment) Act, 2018.

2. In the Odisha Shops and Commercial Establishments Act, 1956

(herein after referred to as the principal Act), in section 2,—

Odisha

Act 30 of

1956.

Amendment

of section 2.

Short title .

2

(i) after clause (1), the following clause shall be inserted, namely:—

‘(1-a) “adolescent” means an adolescent as defined in the

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

Adolescent Labour (Prohibition and Regulation) Act, 1986;’

3. In the principal Act, in section 4, after sub-section (2), the following sub-

section shall be inserted, namely:—

“(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

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

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

“an adolescent” shall be substituted.

7.In the principal Act, in section 22, the words “ who has not

completed the age of twelve” shall be omitted.

8. In the principal Act, in section 23, for the words “ a child between

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

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.”

10. In the principal Act, in section 42, in sub-section (3), for the words,

“fifty rupees”, the words” two thousand rupees” shall be substituted.

61 of

1986.

Amendment

of section 4.

Amendment

of section 7.

Amendment

of section 22.

Amendment

of section 23.

Amendment

of Section 42.

61 of

1986.

Amendment

of section 16

Amendment

of section 14.

Amendment

of section 35.

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

OGP/SBP Ex. Gaz. -153-173+12