In a recent draft Notification dated 13th June, 2019, the Odisha Government has proposed to amend the State Shops and Establishments Act by way of the Odisha Shops and Commercial Establishments (Amendment) Rules, 2019 (“Draft Amendment”).
The Draft Amendment proposes to do away with the requirement to renew the registration certificate under the Odisha Shops and Commercial Establishment Rules, 1958 (“Rules”).
As per the Draft Amendment, a certificate of registration will remain in force till it is revoked or closed by furnishing an undertaking in Form 16 to the Inspector of the area.
Please see below a tabular representation of the Rules and the Draft Amendment:
| Rules | Draft Amendment | ||||||||||||||||||||
| 3. Registration and renewal of registration.-
The fees prescribed for registration and renewal of an establishment shall be as in the schedule below –
Column 4- Fees for renewal of registration for five years |
3. Registration and renewal of registration.–
The fees prescribed for registration and renewal of an establishment shall be as in the schedule below –
Column 4- Fees for renewal of registration for five years |
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| 4. Application for renewal.-
Within the period specified in Sub-section (4) of Section 4 of the Act, the employer of every establishment shall submit to the Inspector of the area concerned an application in Form No. 1 together with the treasury challan in token of payment of the prescribed fee, for registration or renewal of registration of the establishment:
Provided that an application for the renewal of the registration shall be made so as to reach the Inspector not less than two months before the date on which the current registration expires, and if the application is so made the premises shall be held to be duly registered until such date as the Inspector renews or otherwise disposes of the application:
Provided further that if the application for renewal is not received within the time specified in the above proviso, a fee of twenty-five per cent in excess of the fees ordinarily payable for the registration certificate shall, be payable for such renewal. |
4. Application for renewal Registration .-
Within the period specified in Sub-section (4) of Section 4 of the Act, the employer of every establishment shall submit to the Inspector of the area concerned an application in Form No. 1 together with the treasury challan in token of payment of the prescribed fee, for registration or renewal of registration of the establishment:
Provided that an application for the renewal of the registration shall be made so as to reach the Inspector not less than two months before the date on which the current registration expires, and if the application is so made the premises shall be held to be duly registered until such date as the Inspector renews or otherwise disposes of the application:
Provided further that if the application for renewal is not received within the time specified in the above proviso, a fee of twenty-five per cent in excess of the fees ordinarily payable for the registration certificate shall, be payable for such renewal. |
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| 5. Issue of Registration Certificate. –
(a) The fees prescribed for registration and renewal of registration of a commercial establishment Shop shall be as specified in the Schedule below:
Schedule Fees prescribed for registration and renewal of registration of shop/commercial establishments
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5. Issue of Registration Certificate. –
(a) The fees prescribed for registration and renewal of registration of a commercial establishment Shop shall be as specified in the Schedule below:
Schedule Fees prescribed for registration and renewal of registration of shop/commercial establishments
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| 6. Validity of the Registration Certificate. –
Every certificate granted under Rule 5 shall remain in force for a period of one year.
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6. Validity of the Registration Certificate. –
Every certificate granted under Rule 5 shall remain in force for a period of one year till it is revoked or closed by furnishing an undertaking in Form 16 to the Inspector of the area. |
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| 7. Refund of the paid on application under Rule 4, if rejected. –
(a) All fees to be paid under these rules shall be paid into the local treasury under the provincial receipt head [087-Labour and Employment-(a) Receipts under labour laws-(B). Fees realised under the Orissa Shops and Commercial Establishment Act, 1956] and the receipt obtained, shall be submitted to the Inspector along with the application for grant, renewal, amendment, transfer or issue of a duplicate registration certificate.
(b) If an application for grant, renewal, amendment, transfer for issue of a duplicate registration certificate is rejected, the fees paid shall be refunded to the applicant. |
7. Refund of the paid on application under Rule 4, if rejected. –
(a) All fees to be paid under these rules shall be paid into the local treasury under the provincial receipt head [087-Labour and Employment-(a) Receipts under labour laws-(B). Fees realised under the Orissa Shops and Commercial Establishment Act, 1956] and the receipt obtained, shall be submitted to the Inspector along with the application for grant, renewal, amendment, transfer or issue of a duplicate registration certificate.
(b) If an application for grant, renewal, amendment, transfer for issue of a duplicate registration certificate is rejected, the fees paid shall be refunded to the applicant.
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| Form 16 [Undertaking]- NOT PRESENT | Form 16 [Undertaking]- TO BE NEWLY INSERTED |
Other States which have done away with the renewal requirement till date:
Punjab, Haryana, West Bengal, Gujarat, Madhya Pradesh, Maharashtra, Karnataka, Telangana, Andhra Pradesh and Kerala.
Source: Labour and ESI Department, Odisha
