Compliance Requirement under the Act in Accordance with the Rules

1. Shops and Establishment Registration Certificate (Section 4 | Rule 4, 5&6)
   Employers of establishments with 20 or more employees must apply for registration and obtain a Registration Certificate within 6 months of starting the business. The application must be submitted in Form 1 along with the prescribed treasury challan for registration.
   1) Registration Certificate is granted in Form 3 within 7 working days of receipt of application. If not issued within this period, registration shall be deemed to have been granted under the Act

2) Rule 6: Validity of a certificate granted under Rule 5 shall remain in force till it is revoked,closed by furnishing an undertaking in Form 16 to Inspector of the area

2. Application for registration of establishment under Orissa Shops and Commercial Establishment Act,1956 (Section 4)
   W.e.f. 08.11.2025, the employer of every establishment employing twenty or more employees shall, within a period of six months from the date of commencement of his business, apply for registration and obtain registration certificate
3. Display of name of establishment on sign board in Odia language in Orissa (Section 4A)
   The name of the establishment, irrespective of number of Employees, shall be displayed in a sign board in front of the establishment in Odia language prominently in addition to other language if any
   
   
4. Display of Registration Certificate in an Establishment in Orissa (Rule 9)
   The employer shall display the certificate of registration in a conspicuous place in the establishment
5. Form I: Intimation of change in particulars of registration certificate to Inspector in Orissa (Section 5 | Rule 5 (c))
   In case of any change in the information submitted at the time of registration of Establishment, the employer is required to intimate such change to the Inspector in Form-I in duplicate within 7 days after the change has taken place along with reasons for such change and Registration Certificate
   
   
6. Notice for closing of establishment (Section 6)
   The employer shall inform the Inspector in writing about the closure of the establishment within 10 days of such closure.
   
   
7. Notice of loss/destruction/defacement of registration Certificate of Establishment in Orissa (Rule 8)
   If the registration certificate is lost, destroyed or defaced, the employer shall forthwith inform the Inspector and apply for a duplicate certificate by paying 20% of the registration fee as prescribed.
8. Form 4: Notice of Change in Establishment in Orissa (Rule 10)
   An employer holding a registration certificate may apply to the Inspector in Form No. 4(Notice of change in Establishment) to transfer the certificate to another person before its validity expires.
   If an employer holding a Registration certificate dies or becomes insolvent, the person carrying on the business of the establishment/shop shall not be liable to any penalty under the Act for exercising the powers granted to the employer by the registration certificate during such time as may reasonably be required to allow him to make an application in Form 4 tor transferring the registration certificate in his own name.
9. Daily and weekly hours of work in an Establishment in Orissa (Section 7)
   No employee in any establishment shall be required or allowed to work for more than ten hours in, any day and forty-eight hours in any week
   However the total number of hours of work including overtime shall not exceed twelve hours in any day. Also the total number of overtime hours worked by an employee does not exceed 144 during a period of three months.
10. Limit of work hours for a child between 12 to 15 years of age in Orissa (Section 7)
    No child between the ages of twelve and fifteen shall be allowed to work in any employment for more than five hours in a day.
11. Notice of daily hours of work of employee in an Establishment in Orissa (Section 7,38 | Rule 11)
    The employer shall display a notice of daily periods of work for each employee in Form No. 5 in the establishment and keep it exhibited as long as the specified working hours remain in force.
    
    
12. Extra wages for overtime work in Orissa (Section 8 | Rule 12)
    If an employee works more than 10 hours in a day or 48 hours in a week, the employer shall pay overtime wages at twice the ordinary rate of wages, which includes basic wages and allowances (including cash equivalent of concessional benefits) but excludes bonus.
    Rule 12: The ordinary wage rate is calculated by dividing total wages payable during the wage period by the actual hours worked, excluding overtime hours beyond normal daily limits. The monthly average market rate of foodgrains and other articles is determined at the end of each month. The cash equivalent of benefits from concessional sales of foodgrains and other articles for overtime workers is calculated as the difference between the average market rate in the nearest market during the preceding month and the concessional rate allowed to the worker.
13. Form 12: Combined Register of Overtime Working and Payments in Orissa (Section 38 | Rule 12(4))
    The employer shall maintain a Combined Register of Overtime Working and Payment in Form No. 12
    All such registers and records shall be kept on the premises of the establishment to which they relate.
14. Interval for rest in an establishment in Orissa (Section 9)
    The period of work of an employee in an establishment shall not exceed six continuous hours without an interval for rest of at least half an hour
15. Spread-over of hours of work in Orissa (Section 10)
    The spread-over of an employee in an establishment inclusive of the interval for rest shall not exceed twelve hours in any day
    
    
16. Opening and closing hours of establishment in Orissa (Section 11 | Rule 13)
    An establishment may remain open 24×7, provided the employer ensures payment of overtime wages as per Section 8, grants one weekly holiday as per Section 12, and provides employees with washroom, drinking water, seating facilities, and other basic amenities.
    
    
17. Form 7: Notice of weekly holidays in establishment in Orissa (Section 38 | Rule 14)
    The notice of weekly holidays shall be in Form no. 7
18. Weekly holidays in an establishment in Orissa (Section 12)
    The establishments may remain open for 365 days in a year, subject to the conditions that every employee shall be allowed weekly holiday of at least twenty-four consecutive hours of rest. This is without prejudice to the existing practice in establishments which allow one and a half day’s rest
    a) If an employee is denied weekly holiday, the compensatory leave in lieu thereof shall be given within three months of such weekly holiday b) No deduction shall be made from the wages of any employee in any establishment on account of the holiday given to him under Section 12(1) c) If any employee is employed on daily wages, he shall nonetheless be paid his wages for the weekly holiday. Provided that nothing in this sub-section shall apply to any person, who is employed on daily wages and whose total period of continuous employment in a week, including any days spent on leave admissible under the Act, is less than six days.
19. Form 8: Register for Service and leave account in Orissa (Section 38 | Rule 15(2))
    The employer shall maintain a Service and Leave Account for each employee in Form No. 8 and retain the register for one year after termination of the employee’s service.
    All such registers and records shall be kept on the premises of the establishment to which they relate.
20. Form 10: Combined Muster Roll-cum-Register of Wages in Orissa (Rule 15(3))
    The employer shall maintain a Combined Muster Roll-cum-Register of Wages in Form No. 10 The register shall be retained for three years.
    All such registers and records shall be kept on the premises of the establishment to which they relate.
21. Sickness Leave to employees in Orissa (Section 14(3),(8) | Rule 17)
    Every employee is entitled to sickness leave up to 15 days in a year, provided they have completed one year of continuous employment. The grant of such leave is subject to the prescribed conditions.
    U/s 14(7): An employee may apply in writing to the manager at least 15 days in advance to take all or part of the leave allowed during the year. U/s 14(8): If leave with wages is required due to illness, it shall be granted even without 15 days’ prior application, and wages under Section 16 must be paid within 15 days from the start of the leave. Rule 17: If a worker is absent due to illness, the employer may require a medical certificate from a registered medical practitioner, Vaidya, or Hakim stating the cause and period of absence. Applications for sickness leave must be in writing, and the employer must record orders on them and retain them until the end of the next calendar year.
22. Annual leave with wages in Orissa (Section 14(1),(2),(4),(5),(6),(7),(13) | Rule 16)
    Every employee who has worked at least 240 days in a year shall be granted leave with wages in the subsequent year at the rate of 1 day for every 20 days worked (adult) and 1 day for every 15 days worked (adolescent) during the previous year.
    For calculating required 240 days of work, lay-off days (as per contract/standing orders), maternity leave up to 12 weeks, and previously earned leave are treated as days worked, though leave is not earned for them. Leave excludes holidays during or adjoining leave period. Employees joining mid-year are eligible for leave with wages if they work at least 2/3rd of remaining days of that year. Dismissed/discharged employees are also entitled to leave with wages. Fractions of half a day or more count as a full day. Unused leave may be carried forward up to 30 days for adults,40 days for adolescents, unless leave applied for was refused. Leave should normally be applied for 15 days in advance and may be taken up to 3 times a year, except in illness. Employers may regulate leave through a written scheme. Unused leave of employee will not be counted when calculating notice period required before discharge/dismissal.

Rule 15: A holiday is treated as a day worked for computing days U/s14

23. Notice of Termination of Employment or One Month’s Wages in Lieu in Orissa (Section 14(4A))
    The employer shall not terminate the services of an employee unless 30 days’ notice is given or one month’s wages in lieu of such notice are paid, calculated at the rate payable on the date of notice of termination.
    Provided that no such notice or payment of wages in lieu of such notice shall be necessary if the termination of service is made as a measure of punishment or if the termination is under an agreement between the employer and employee concerned, which specifies a date for the termination of service.
24. Formulation and Display of Leave Regulation Scheme in Orissa (Section 14(8 & 9))
    The employer may, in agreement with employee representatives, formulate a written scheme regulating leave to ensure continuity of work. The scheme must be displayed in the establishment, remain valid for 12 months, and may be renewed with or without modification.
    U/s14(11)- An application for leave which does not contravene the provisions of Sub-section (7) (Application for leave to be made 15 days in advance) shall not be refused, unless refusal is in accordance with the scheme for the time being in force under Sub-sections (9) and (10).
25. Payment for Unavailed Leave on Termination or Resignation in Orissa (Section 14(12))
    If employee entitled to leave has not taken it before termination by employer or quits after applying for but not being granted leave, employer must pay wages for unavailed leave U/s15. Such payment shall be made within 2 working days of termination or by next payday if the employee quits employment
    
    
26. Notice Required by Employee for Termination of Employment in Orissa (Section 14(14 & 15))
    No employee shall be entitled to terminate his employment unless he has given to the employer a notice of not less than thirty days.
    Where an employee does not give 30 days notice, he shall be liable to forfeiture of any unpaid wages payable by the employer for a period not exceeding fifteen days
27. Wages during Leave Period in an establishment in Orissa (Section 15)
    For leave under Section 14, an employee shall be paid wages equal to the daily average of total full-time earnings for days worked in the preceding month, excluding overtime and bonus but including dearness allowance and cash equivalent of concessional sale of foodgrains and other articles.
    The cash equivalent of the advantage accruing through the concessional sale to the employee of foodgrains and other articles shall be computed as often as may be prescribed oh the basis of the maximum quantity of foodgrains and other articles admissible to a standard family as hereinbefore referred to in the Explanations to Sub-section (3) of Section 8. For the purpose of this section the provisions of Sub-section (4) of Section 8 shall apply mutatis mutandis.
28. Payment of due wages to employees before leave begins in Orissa (Section 16)
    An employee who has been allowed leave for not less than four days, in the case of an adult, and five days in the case of an adolescent shall, before his leave begins, be paid the wages due for the period of leave allowed.
29. Mode of recovery of unpaid wages in Orissa (Section 17)
    Any sum required to be paid by an employer under Chapter IV of Orissa Shops and Commercial Establishment Act,1956 but not paid by him shall be recoverable as ‘delayed wages’ under the provisions of the Payment of Wages Act, 1936.
    
    
30. Payment of Gratuity to Eligible Employees in Orissa (Section 21 | Rule 19)
    An employee with 10+ years of continuous service is entitled to gratuity equal to 15 days’ last drawn wages for each year of service on leaving employment or death (payable to legal heirs).
    An employee shall be entitled to a gratuity: (i) being incapacitated to work due to an accident or otherwise rendered medically unfit. (ii) completion of the 60th year of age
31. Prohibition of employment of child in an establishment in Orissa (Section 22 | Rule 20)
    No child shall be required or allowed to work in any establishment. 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
32. Prohibition of employment of adolescent during night in an establishment in Orissa (Section 23)
    No adolescent shall be required or allowed to work whether as an employee or otherwise in any establishment during night.
    
    
33. Conditions subject to which Women Employee may work during night in an establishment in Orissa (Section 23 A)
    Women employees are allowed to work in an establishment in Orissa during night with their written consent, subject to such conditions of safety, security and dignity of women, as may be prescribed by State Government Notification from time-to-time
    Conditions for employment of women at night: Women may work at night with written consent. At least 3 women employees must be present which may include onsite woman employer, if any. Employers must provide safe transport with GPS, obtain driver bio-data & driver to be police verified, ensure toilets, drinking water, CCTV, and proper lighting at workplace icl.passages. Helpline numbers, incl. Women’s Helpline (181) & Labour & ESI Helpline (18003456703), must be displayed in the establishment and transport vehicles. A minimum of 8 hours’ rest must be given when shifts change between day and night. The provisions of Sexual Harassment of Women at Workplace (Prevention,Prohibition and Redressal) Act, 2013 must be followed. Employers must submit an online self-certification confirming these facilities. Adolescents cannot work at night. Non-compliance attracts penalties under Section 35 of the Odisha Shops and Commercial Establishments Act, 1956.
34. Prohibition of employment of women during certain periods in Orissa (Section 24)
    No woman shall engage herself in employment in any establishment during the six weeks following the day on which she is delivered of a child and no owner or manager of an establishment shall knowingly employ such woman
    
    
35. Notice for pregnancy of female employee to employer in an establishment in Orissa (Section 25)
    If a pregnant woman employee gives written notice that delivery is expected within six weeks, the employer shall permit her to remain absent from work until delivery, if she so desires.
    Before granting permission, the employer may require the woman to undergo a medical examination at the employer’s cost by a qualified medical practitioner or midwife. If she refuses the examination or is certified as not pregnant or not likely to deliver within six weeks, the employer may refuse permission. If the woman wishes, the examination may be conducted by a midwife.
36. Maternity leave & payment of Maternity Benefit to Eligible Women Employees in Orissa (Section 26 & 27 | Rule 21)
    Every woman employed in an establishment for at least six months before delivery is entitled to maternity benefit. The employer must pay the prescribed rate for six weeks before and six weeks after delivery, as fixed by the State Government
    a) No such payment shall be made for any day on which she attends work and receives payment therefor during the six weeks preceding her delivery b) The rates of the maternity benefit payable to woman employee and the manner of its payment shall be regulated by the Orissa Maternity Benefits Act, 1953
37. Intervals for nursing the child in an establishment in Orissa (Section 28)
    Any woman employed in an establishment, who is delivered of a child, shall while she is nursing such child, be allowed half-an-hour twice a day during her working hours, for purposes of such nursing in addition to regular intervals for rest
    
    
38. Prohibition on Dismissal of women during/on account of absence from work due to confinement in Orissa (Section 29)
    When a woman’ absents herself from work on account of maternity leave, it shall be unlawful for the employer to dismiss her during or on account of such absence, or to give notice of dismissal on such a day that the notice will expire during such absence.
    The dismissal of a woman at any time within six months before she is delivered of a child, if the women, but for such dismissal would have been entitled to maternity benefit under this Act, shall not have the effect of depriving her of such maternity benefit if the Inspector is satisfied that her dismissal was without sufficient cause.
39. Cleanliness to be maintained in an establishment by employer in Orissa (Rule 22)
    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
    
    
40. Precautions against fire in an establishment in Orissa (Rule 23)
    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.
    
    
41. Form 13: Combined Annual Returns to be filed by employer in Orissa (Rule 25)
    Every employer shall send to the Inspector the combined Annual Return in Form 13 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
42. Form 15: Self Certification Undertaking by employer/owner/auth.executive of an establishment (Rule 27)
    The Employer/Owner or authorised executive shall submit Self-Certification Undertaking for ensuing calendar year in respect of their Shops and Commercial Establishments in Form 15, in duplicate, to specified authority of area incorporating the required details-cum-Self-Certification Undertaking before 31st December of each calendar year.
43. Notice of change of variation of facts incorporated in Self-Certification Undertaking (Rule 27)
    If any change occurs in the facts of the annual self-certification, a revised undertaking must be submitted to the specified authority within one month. If found incorrect during verification, the concerned persons shall be jointly or severally liable for violation of Section 42(3) of the Act.

   44. Application of Workman’s Compensation Act 1923 to Estab. covered under Orissa Shops & Comm. Estab. Act (Section 40)
         The provisions of the Workmen’s Compensation Act, 1923 and the rules made thereunder shall, mutatis mutandis, apply to every employee of           a shop or commercial establishment.