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Section 2: Definitions

The Odisha Shops and Commercial Establishments Act, 1956State Act of Odisha · Act 30 of 1956

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

1. Inserted vide Orissa Gazette, Extraordinary No. 824, Dated. 30.05.2018 3 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.

Where this provision sits

ActThe Odisha Shops and Commercial Establishments Act, 1956
Section2
Marginal noteDefinitions
JurisdictionState of Odisha
StatusIn force as published by the source

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