ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988

20 of 1988

STATEMENT OF OBJECTS AND REASONS Bill No.21 of 1986 The Andhra Pradesh Shops and Establishments Act, 1966 was enacted to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments and other establishments and for matters connected therewith. In the implementation of the said Act and in the changed conditions in labour relations, it is found necessary to provide for some more measures for safeguarding the interests of the employees. With a view to enlarge the beneficial provision under the Act and to make provision for some more facilities and benefits to the employees in shops and establishments to suit the present needs, there is imminent necessity to make a new in repeal of the 1966 Act. It has been decided to. (1) make provision of some more conditions to be complied with by employers in cases of termination of services of employees; (2) entrust the functions of judicial authorities under the Act to the Departmental Officers to render speedy relief to the employees under the provisions of the Act; and (3) provide for more stringent punishment to the offending employers to act as deterrant to prevent abuse of the various welfare provisions of the enactment. This Bill seeks to give effect to the above decision.

An Act to consolidate and amend the Law relating to the regulation of conditions of work and Employment in Shops, Commercial Establishments, Restaurants, Theatres and other establishments and for matters connected therewith. Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Thirty Ninth Year of the Republic of India as follows

CHAPTER 1 Preliminary

Section 1 Short title, extent and commencement and application

(1) This Act may be called Andhra Pradesh Shops and Establishments Act, 1988.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the Government may, by notification, appoint.

(4) It shall apply

(i) in the first instance to all areas in which the Andhra Pradesh Shops and Establishments Act, 1966 was in force immediately before the commencement of this Act;

(ii) to such other areas in the State on such date as the Government may, by notification, specify.

Section 2 Definitions

In this Act, unless the context otherwise requires

(1) apprentice means a person 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;

(2) Chief Inspector means the Chief Inspector appointed under Section 57;

(3) Child means a person who has not completed fourteen years of age;

(4) Closed means not open for the service of any customer, or for any trade or business or for any other purpose connected with the establishment except loading, unloading and annual stock taking;

(5) commercial establishment means an establishment which carries on any trade, business, profession or any work in connection with or incidental or ancilliary to any such trade, business or profession or which is a clerical department of a factory or an industrial undertaking or which is a commercial or trading or banking or insurance establishment and includes an establishment under the management and control of a co operative society, an establishment of a factory or an industrial undertaking which falls outside the scope of the Factories Act, 1948, (Central Act 63 of 1948), and such other establishment as the Government may, by notification declare to be a commercial establishment for the purposes of this Act but does not include a shop;

(6) day means the period of twenty four hours beginning at mid night:

Provided that, in the case of an employee, whose hours of work extend beyond mid night, day means the period of twenty four hours beginning from the time when such employment commences.

(7) dependant means in relation to a deceased employee, his nominee or in the absence of such nominee, the heir or legal representative;

(8) employee means a person wholly or principally employed in, and in connection with, any establishment and includes an apprentice and any clerical or other staff of a factory or industrial establishment who fall outside the scope of the Factories Act, 1948; (Central Act, 63 of 1948) but does not include the husband, wife, son, daughter, father, mother, brother or sister of an employer or his partner, who is living with and depending upon such employer or partner and is not in receipt of any wages;

(9) 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;

(10) establishment means a shop, restaurant, eating house, residential hotel, lodging house, theatre or any place of public amusement or entertainment and includes a commercial establishment and such other establishment as the Government may, by notification, declare to be an establishment for the purpose of this Act;

(11) factory means a factory within the meaning of the Factories Act, 1948, (Central Act 63 of 1948);

(12) Government means the State Government;

(13) Inspector means an Inspector appointed under Section 50;

(14) notification means a notification published in the Andhra Pradesh Gazette and the word notified , shall be construed accordingly;

(15) opened means opened for the service of any customer or for any trade or business connected with the establishment;

(16) periods of work means the time during which an employee is at the disposal of the employer;

(17) prescribed means prescribed by rules made by the Government under this Act;

(18) register of establishment means a register maintained for the registration of establishment under this Act;

(19) registration certificate means a certificate issued under this Act;

(20) service compensation means the service compensation payable under Section 40;

(21) shop means any premises where any trade or business is carried on or where services are rendered to customers and includes a shop run by a Co operative Society, an office, a store room, godown, warehouse or work place, whether in the same premises or otherwise, used in connection with such trade or business and such other establishments as the Government may, by notification, declare to be a shop for the purposes of this Act, but does not include a commercial establishment;

(22) theatre includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for dramatic or circus performances or for any other public amusement or entertainment;

(23) Wages means every remuneration, whether by way of salary, allowance, or otherwise expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied were fulfilled, be payable to an employee in respect of his employment or of work done in such employment, and includes

(a) any remuneration payable under any settlement, between the parties or order of a tribunal or court;

(b) any remuneration to which the employee is entitled in respect of overtime work or holidays or any leave period;

(c) any additional remuneration payable under the terms of employment, whether called a bonus or by any other name;

(d) any sum which by reason of the termination of employment of the employee is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

(e) any sum to which the employee is entitled under any scheme framed under any law for the time being in force; but does not include

(i) any bonus, whether under a scheme of profit sharing or otherwise, which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of court;

(ii) the value of any house accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the Government;

(iii) any contribution paid by the employer to any person or provident fund, and the interest which may have accrued thereon;

(iv) any travelling allowance or the value of any travelling concession;

(v) any sum paid to the employee to defray special expenses entailed on him by the nature of his employment;

(vi) any service compensation payable on the termination of employment in cases other than those specified in sub clause (d);

(vii) the subscription paid by the employee to life insurance and contribution paid by the employer to the life insurance of the employee under the provisions of this Act and the bonus which may have accrued thereon; or

(viii) house rent allowance payable by the employer;

(24) week means a period of seven days beginning at mid night on Saturday;

(25) young person means a person who is not a child and has not completed eighteen years of age.

CHAPTER 2 Registration of Establishments

Section 3 Registration of establishments

(1) Every employer of an establishment shall,

(i) in the case of an establishment existing on the date of commencement of this Act, within thirty days from that date; and

(ii) in the case of a new establishment, within thirty days from the date on which the establishment commences its work, send to the Inspector concerned a statement containing such particulars, together with such fees, as may be prescribed.

(2) On receipt of such statement, the Inspector shall register the establishment in the register of establishments in such manner as may be prescribed and shall issue in the prescribed form a registration certificate to the employer who shall display it at a prominent place of the establishment.

(3) Every registration certificate issued under sub section (2), shall be valid with effect from the date on which it is issued upto the 31st day of December following.

(4) Every employer shall give intimation to the Inspector, in the prescribed form, any change in any of the particulars in the statement made under sub section (1) within fifteen days after the change has taken place. The Inspector shall, on receipt of such intimation and the fees prescribed therefor make the change in the register of establishments in accordance with such intimation and shall amend the registration certificate or issue a fresh registration certificate, if necessary.

(5) The employer shall, within fifteen days of the closure of the establishment, give intimation thereof in writing to the Inspector, who shall, on receipt of such intimation, remove the name of the establishment from the register of establishments and cancel the registration certificate:

Provided that, where the Inspector is satisfied otherwise than on receipt of such intimation, that the establishment has been closed, he shall remove the name of such establishment from the register and cancel the registration certificate.

Section 4 Renewal of registration certificates

(1) The Inspector may, on an application made by the employer accompanied by the fees prescribed therefor, renew the registration certificate for a period of one year or for such number of years as may be prescribed, commencing from the date of its expiry.

(2) Every application for the renewal of the registration certificate shall be made in such form and in such manner as may be prescribed so as to reach the Inspector not later than thirty days before the date of its expiry:

Provided that, an application for the renewal of a registration certificate received not later than thirty days after its expiry may be entertained by the Inspector on the applicant paying such penalty as may be prescribed, by the Government from time to time.

(3) An applicant for the renewal of a registration certificate under sub section (2) shall, until communication of orders on his application, be entitled to act as if the registration certificate had been renewed.

Section 5 Revocation or suspension of the Registration certificate

If the Inspector is satisfied, either on a reference made to him in this behalf or otherwise, that

(a) The Registration Certificate granted under Section 3 or renewed under Section 4 has been obtained by mis representation, fraud or suppression of any material fact; or

(b) the employer has wilfully contravened any of the provisions of this Act or the Rules made thereunder. the Inspector may without prejudice to any other penalty to which the employer may be liable under this Act, revoke or suspend the Registration Certificate, after giving the employer an opportunity of showing cause.

Section 6 Appeal against revocation or suspension of the Registration certificate

(1) Any person aggrieved by an order made under Section 5 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority as may be prescribed:

Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from the filing the appeal in time.

(2) On receipt of an appeal under sub section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal within two months.

CHAPTER 3 Shops

Section 7 Opening and closing hours of shops

(1) No shop shall on any day be opened earlier or closed later than such hour as may, after previous publication, be fixed by the Government by a general or special order in that behalf:

Provided that, any customer who was being served or was waiting to be served in any shop at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour.

(2) The Government may, for the purposes of this section, fix different hours for different classes of shops or for different areas or for different time of the year.

Section 8 Selling outside prohibited before opening and after closing hours of shops

No person shall carry on, in or adjacent to, a street or public place, the sale of any goods, before the opening and after the closing hours fixed under Section 7 for the shops dealing in any kind of goods in the locality in which such street or public place is situated:

Provided that, nothing in this section shall apply to the sale of

(i) Newspapers;

(ii) Flowers;

(iii) pan

(iv) vegetables and fruits; and

(v) such other goods as the Government may, by notification, specify from time to time.

Section 9 Daily and weekly hours of work in shops

(1) Subject to other provisions of this Act, no employee in any shop shall be required or allowed to work therein for more than eight hours in any day and forty eight hours in any week.

(2) Any employee may be required or allowed to work in a shop for any period in excess of the limit fixed under sub section (1), on payment of overtime wages, subject to a maximum period of six hours in a week.

(3) For the purpose of stock taking and preparation of accounts, an employer may, with the previous intimation to the Inspector, require or allow any employee to work in a shop for not more than any six days in a year in excess of the period fixed in sub section (1), on payment of overtime wages; so however, that the excess period shall not in aggregate exceed twenty four hours.

Section 10 Interval for rest

No employee in any shop shall be required or allowed to work therein for more than five hours in any day unless he has had an interval for rest of at least one hour:

Provided that, an employee who was serving a customer at the commencement of the interval may be required to serve him during the quarter of an hour immediately following such commencement.

Section 11 Spread over periods of work

The periods of work of an employee in a shop shall be so arranged that along with his intervals for rest, they shall not spread over for more than twelve hours in any day:

Provided that, where an employee works on any day for the purpose of stock taking and preparation of accounts, the spread over shall not exceed fourteen hours in any such day on payment of overtime wages.

Section 12 Closing of shops and grant of holidays

(1) Every shop, whether with or without employees, shall remain closed on every Sunday which shall be a holiday for every employee in the shop:

Provided that the Chief Inspector may, by notification, specify in respect of any shop or class of shops or in respect of shops or class of shops in any area any day in the week instead of Sunday on which day such shop or class of shops shall remain closed.

(2)

(a) The Chief Inspector may, by notification, require in respect of any specified class of shops that they shall in addition to the weekly holiday mentioned in sub section (1), be closed for one half day in a week, as may be fixed by the Government;

(b) Every employee in any shop to which a notification under Clause (a) applies, shall be allowed in each week an additional holiday of one half day fixed for the closing of the shop under Clause (a).

(3) The Chief Inspector may, for the purposes of sub section (2), fix different hours for different classes of shops or for different areas or for different times of the year.

(4) The weekly day on which a shop is closed in pursuance of a requirement under sub section (2) shall be specified by the employer in a notice prominently exhibited in a conspicuous place in the shop.

(5) It shall not be lawful for the employer to call an employee at or for the employee to go to his shop or any place for any work in connection with the business of his shop on any day or part of the day on which it has remained closed.

(6) No deduction shall be made from the wages of any employee in a shop on account of any day or part of a day on which it has remained closed; and if such employee is employed on the basis that he would not ordinarily receive wages for such day or part of a day he shall nonetheless be paid for such day or part of a day the wages he would have drawn had the shop not remained closed, or had the holiday not been allowed, on that day or part of a day.

Section 13 Closing of shops in public interest during special occasions

I n addition to the holidays mentioned in Section 12, the Chief Inspector may, by notification, and with the previous approval of the Government, require in respect of any specified class of shops that they shall be closed on any specified day or days in the public interest.

CHAPTER 4 Establishments other than Shops

Section 14 Application of this Chapter to establishments other than shops

The provisions of this Chapter shall apply only to establishments other than shops.

Section 15 Opening and closing hours

(1) No establishment shall on any day be opened earlier, or closed later, than such hour as may, after previous publication, be fixed by the Government by general or special order in that behalf: Provided that, in the case of a restaurant or eating house, any customer who was being served or was waiting to be served therein at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour.

(2) The Government may, for the purpose of this section, fix different hours for different classes of establishments or for different areas or for different times of the year.

Section 16 Daily and weekly hours of work

(1) Subject to the provisions of this Act, no employee in any establishment shall be required or allowed to work therein for more than eight hours in any day and forty eight hours in any week.

(2) Any employee may required or allowed to work in an establishment for any period in excess of the limit fixed under sub section (1), on payment of over time wages, subject to a maximum period of six hours in any week.

(3) For the purposes of stock taking and preparation of accounts, an employer may, with the previous intimation to the Inspector, require or allow any employee to work in an establishment for not more than any six days in a year in excess of the period fixed in sub section (1) on payment of overtime wages; so however, that the excess period shall not, in the aggregate, exceed twenty four hours.

Section 17 Interval for rest

No employee in any establishment shall be required or allowed to work in such establishment for more than five hours in any day unless he has had an interval for rest of at least one hour.

Provided that the Chief Inspector may, in the case of an establishment whose daily hours of work are less than eight hours, reduce interval for rest to half an hour on an application made by the employer, with the consent of the employees.

Section 18 Spread over of periods of work

The periods of work of an employee in an establishment shall be so arranged that, along with his interval for rest, they shall not spread over for more than twelve hours on any day:

Provided that, where an employee works on any day for the purpose of stock taking and preparation of accounts the spread over shall not exceed fourteen hours on any such day on payment of over time wage.

Section 19 Holidays

(1) Every employee in any establishment shall be allowed in each week a holiday of one whole day:

Provided that, nothing in this sub section shall apply to any employee whose total period of employment in the week, including any days spent on authorised leave is less than six days.

(2) The Government may, by notification, require in respect of any specified class of establishments that every employee therein shall be allowed in each week an additional holiday of one half day commencing at such hour in the after noon as may be fixed by the Government.

(3) The Government may, for the purposes of sub section (2) fix different hours for different classes of establishments or for different areas or for different times of the year.

(4) No deduction shall be made from the wages of any employee in an establishment on account of any day or part of a day on which a holiday has been allowed in accordance with this section and if such employee is employed on the basis that he would not ordinarily receive wages for such day or part of a day, he shall nonetheless be paid for such day or part of a day the wages he would have drawn, had the holiday not been allowed on that day or part of a day.

(5) It shall not be lawful for the employer to call an employee at or for the employee to go to, his establishment or any other place for any work in connection with the business of his establishment on any day or part of a day on which a holiday has been allowed in accordance with this section.

CHAPTER 5 Employment of Women, Children and Young persons

Section 20 Children not to work in establishment

No child shall be required or allowed to work in any establishment.

Section 21 Special provision for young persons

No young person shall be required or allowed to work in establishment before 6 a.m. and after 7 p.m.

Section 22 Daily and weekly hours of work for young persons

Notwithstanding anything in this Act, no young person shall be required or allowed to work in any establishment for more than 7 hours in any day and forty two hours in any week nor shall such person be allowed to work overtime.

Section 23 Special provision for women

No Woman employee shall be required or allowed to work in any establishment before 6 00 a.m. and after 8 30 p.m.

Section 24 Maternity leave

The periods of absence from duty in respect of which a woman employee is entitled to maternity benefit under Section 25, shall be treated as authorised absence from duty, and the woman employee shall be entitled to maternity benefit, but not to any wages for any of those periods.

Section 25 Maternity Benefit

Every woman who has been for a period of not less than six months preceding the date of her delivery in continuous employment of the same employer whether in the same or different shops or commercial establishments, shall be entitled to receive from her employer for he period of

(a) six weeks immediately preceding the day of delivery; and

(b) six weeks following the day of delivery; such maternity benefit and in such manner as may be prescribed:

Provided that, no woman employee shall be entitled to receive such benefit for any day during any of the aforesaid periods, on which she attends work and receive wages therefor.

CHAPTER 6 Health and Safety

Section 26 Cleanliness

The premises of every establishment shall be kept clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be prescribed.

Section 27 Ventilation

The premises of every establishment shall be ventilated as provided for in the laws relating to the municipalities, Gram Panchayats or other local authorities for the time being in force.

Section 28 Precautions for the safety of employees in establishments

(1) In every establishment other than such establishment or class of establishments as the Governments may, by notification, specify, such precautions against fire shall be taken as may be prescribed.

(2) If power driven machinery is used, or any process which, in the opinion of the Government, is likely to expose any employee to a serious risk of bodily injury is carried on in any establishment, such precautions including the keeping of first aid box shall be taken by the employer for the safety of the employees therein, as may be prescribed.

Section 29 Maximum permissible load

(1) No employee in any establishment shall be required or allowed to engage in the manual transport of a load therein which by reason of its weight is likely to jeopardise his health or safety.

(2) The Government may, for the purposes of this section prescribe different maximum limits of weight, for different classes of employees in any establishment.

Explanation:- For the purposes of this section, the term manual transport of a load means any transport in which the weight of the load is wholly borne by one employee, inclusive of the lifting and putting down of load.

CHAPTER 7 Leave and holidays with wages and Insurance Scheme for Employees

Section 30 Leave

(1) Every employee who has served for a period of two hundred and forty days or more during a continuous period of twelve months in any establishment shall be entitled during the subsequent period of twelve months, to leave with wages for period of fifteen days, provided that such leave with wages may be accumulated upto a maximum period of sixty days:

Provided that any continuous period of service in an establishment preceding the date on which this Act, applies to that establishment shall also count:

Provided further that any leave accumulated by an employee in an establishment under the law applicable to that establishment preceding the date on which this Act applies to it, shall not be affected;

Provided also that every employee in any shop or establishment shall be entitled for encashment of the leave with wages for a period of eight days in every year.

(2) An employee may apply in writing to the employer, not less than seven full working days before the date of availing himself of his leave, to allow all the leave or any portion thereof, to which he is entitled under sub section (1):

Provided that the number of instalments for taking leave shall not exceed three during a period of twelve months.

(3) An employee who has been allowed leave for not less than five days under sub section (2) shall, before his leave begins, be paid the wages due for the period of the leave allowed if he makes a request therefor.

(4) Every employee who has served for a period of not less than two hundred and forty days during a continuous period of twelve months in any establishment shall be entitled for encashment of eight days of leave with wages that has accrued to him under sub section (1) during the subsequent period of twelve months. The employer shall pay to the employee the wages for the leave so encashed by the employee within a week of receipt of the application for such encashment from the employee.

(5) Every employee in any establishment shall also be entitled during his first twelve months of continuous service and during every subsequent twelve months of service (a) to leave with wages for a period not exceeding twelve days on the ground of any sickness or accident and (b) to casual leave with wages for a period not exceeding twelve days on any reasonable ground.

(6) Every employee in an establishment after he has put in not less than two years of service under the same employer, shall also be entitled for special casual leave not exceeding six days only once during his entire service, if he has undergone vasectomy or tubectomy operation, subject to the production of a certificate therefor from an authorised medical practitioner under whom he has undergone the operation.

(7) If any employee entitled to any leave under sub section (1) is discharged by his employer before he has been allowed such leave, or if the leave applied for by such employee has been refused and if he quits his employment before he has been allowed the leave, the employer shall pay him the amount, payable under this Act, in respect of the period of leave.

(8) If an employee is lawfully discharged by his employer when he is sick or suffering from the result of an accident the employer shall pay him the amount payable under this Act in respect of the period of leave to which he was entitled at the time of his discharge in addition to the amount, if any, payable to him under sub section (3).

(9) An employee in a hostel attached to a school or college or in an establishment maintained in connection with the boarding and lodging of pupils and resident masters, shall be allowed the privileges referred to in sub sections (1) to (8), reduced however proportionately to the period for which he was employed continuously in the previous year or to the period for which he will be employed continuously in the current year, as the case may be; and all references to the periods of leave in sub sections (1) and (5) shall be construed accordingly, fractions of less than half a day being disregarded.

Section 31 Other holidays

(1) Every employee in any establishment shall also be entitled to nine holidays in a year with wages on the days to be specified by notification from time to time, by the Government which shall include the 26th January (Republic day), 1st May, (May Day), 15th August (Independence Day) 2nd October (Gandhi Jayanthi), and 1st November (Andhra Pradesh Formation Day) and on every such holiday, all the establishments, either with or without employees, shall remain closed.

(2) Notwithstanding anything contained in sub section (1) the Chief Inspector may, having due regard to any emergency or special circumstances prevailing in the State or any part thereof, notify any other day or days as holidays with wages to employees or class of employees as he may deem fit. The holidays so notified shall be deemed to be additional holidays:

Provided that, any such employee in any residential hostel, restaurant, eating house, theatre, or any place of public amusement or entertainment may be required to work in such establishment on any such holiday declared under sub section (1) or sub section (2), subject to the condition that in lieu thereof, a compensatory holiday with wages shall be allowed to such person within thirty days from the date of such holiday:

Provided further that, such compensatory holidays shall not exceed seven in a year and where any such employee in any such establishment is required to work on any such compensatory holiday, he shall be paid additional wages at the ordinary rate of wages in lieu of such holiday.

(3) Nothing in sub section (1) shall apply in respect of any establishment where the number of holidays with wages allowed by the employer is more than the holidays notified by the Government under that sub section:

Provided that, every such employer shall send a list of holidays with wages allowed by him, which shall include the five holidays specified in sub section (1), to the Inspector and to the Chief Inspector and shall also display the list at a prominent place of the establishment.

Section 32 Pay during leave and holidays

Every employee shall, for the period of the leave allowed under sub sections (1) (5) of Section 30 or the holidays allowed under Section 31, be paid at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding month exclusive of any earning in respect of overtime.

Section 33 Power to increase the period of leave allowable under Section 30

Notwithstanding anything in Section 30, the Government may, by notification, increase the total number of days of leave allowable under sub section (1) of that section and the maximum number of days upto which such leave may be accumulated in respect of any establishment or class of establishments.

Section 34 Compulsory enrolment of employees to Insurance cum savings scheme

(1) Every employee who has served in an establishment for a period of not less than one year shall subscribe to the insurance scheme or Insurance cum Savings scheme as may be notified by the Government to be applicable to the establishment in which the employee is working, at the rates, stipulated by the Government in the notification either in lumpsum every year or in monthly instalments as may be prescribed by the Government in the notification. For this purpose the employer shall make the payment to the authority notified by the Government on behalf of the employee on or before the stipulated date and recover the same from the wages payable to the employee.

(2) In addition to the subscription of the employee mentioned in sub section (1), every employer of the establishment to which the scheme of insurance or Insurance cum Savings is made applicable by the Government, shall also pay such percentage of annual wages of employee as may be notified by the Government, from time to time, to the authority notified for the purpose as employer s contribution on or before the specified date every year.

CHAPTER 8 Wages, Conditions for termination of services appeals, suspension and terminal benefits

Section 35 Responsibility for payment of wages

Every employer shall be responsible for the payment by him to employees of all wages and sums, required to be paid under this Act.

Section 36 Fixation of wage period

(1) Every employer shall fix periods (hereinafter referred to as wage periods) in respect of which such wages shall be payable.

(2) No wage period shall exceed one month.

Section 37 Wages for overtime work

Where any employee in any establishment is required to work over time he shall be entitled, in respect of such over time work, to wages at twice the ordinary rate of wages:

Provided that, where the normal hours of work in an establishment are ordinarily less than eight hours a day and 48 hours a week, he shall be entitled in respect of work in excess of such normal hours upto eight hours a day and forty eight hours a week to wages at the ordinary rate of wages in respect of work in excess of eight hours a day and forty eight hours a week at twice the ordinary rate wages, in addition to the wages for the normal hours of work.

Explanation :- For the purpose of this section; the expression ordinary rates of wages shall mean such rate of wages as may be calculated in the manner prescribed.

Section 38 Time of payment of wages

(1) The wages of every employee shall be paid before the expiry of the fifth day after the last day of the wage period in respect of which the wages are payable.

(2) Where the service of any employee is terminated by or on behalf of the employer the wages earned by such employee shall be paid before the expiration of the second working day from the day on which his employment is terminated.

(3) The Government may, by general or special order and for reasons stated therein exempt an employer from the operation of this section in respect of the wages of any employee or class of employees to such extent and subject to such conditions as may be specified in the order.

(4) All payments of wages shall be made on a working day.

Section 39 Wages to be paid in current coin or currency notes

All wages shall be paid in current coin or currency notes or in both.

Section 40 Deductions which may be made from wages

(1) The wages of an employee shall be paid to him without deduction of any kind except those authorised by or under this Act.

Explanation :- Every payment made by an employee to the employer shall, for the purpose of this Act, be deemed to be a deduction from wages.

(2) Deductions from the wages of an employee shall be made only in accordance with the provisions of this Act and may be of the following kinds only, namely :

(a) fines and other penalties lawfully imposed;

(b) deductions for absence from duty;

(c) deductions for damages to, or loss of goods expressly entrusted to the employee for custody or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;

(d) deductions for house accommodation provided by the employer;

(e) deductions for such amenities and services supplied by the employer as the Government may, by general or special order, authorise;

(f) deductions for recovery of advances or for adjustment of over payments of wages;

(g) deductions of income tax or profession tax payable by the employee;

(h) deductions required to be made by order of a Court or other authority competent to make such order;

(i) deductions for subscriptions to, and for repayment of advances from, any provident fund to which the Provident Funds Act, 1925 (Central Act 19 of 1925) applies or any recognised provident fund as defined in Section 2(38) of the Income Tax Act, 1961, (Central Act 43 of 1961), or any provident fund approved in this behalf by the Government during the continuance of such approval;

(j) deductions for payments to co-operative societies approved in this behalf by the Government or any officer authorised by them in this behalf or to a scheme of insurance maintained by the Indian Post Office or the Life Insurance Corporation of India established under Life Insurance Corporation Act, 1956, (Central Act 31 of 1956).

(k) deductions made with the written authorisation of the employee in furtherance of any savings scheme approved by the Government or the purchase of securities of the Central or State Government.

Section 41 Fines

(1) No fine shall be imposed on any employee save in respect of such acts and omissions on his part as the employer, with previous approval of the Government or of the prescribed authority may have specified by notice under sub section (2).

(2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on.

(3) No fine shall be imposed on any employee until he has been given an opportunity of showing cause against the fine or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines.

(4) The total amount of fine which may be imposed in any one wage period on any employee shall not exceed an amount equal to three paise in the rupee of the wages payable to him in respect of that wage period.

(5) No fine shall be imposed on any employee who has not completed the age of fifteen years.

(6) No fine imposed on any employee shall be recovered from him after the expiration of sixty days from the day on which it was imposed.

(7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.

(8) All fines and all realisations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed; and all such realisation shall be applied only to such purposes beneficial to the employees in the establishment as are approved by the prescribed authority.

Explanation :- When the employees are only part of a staff employed under the same management, all such realisations may be credited to a common fund maintained for the staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority.

Section 42 Deductions for absence from duty

(1) Deductions may be made under Clause (b) of sub section (2) of Section 40 only on account of the absence of an employee from the place or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work.

(2) The amount of such deduction shall in no case bear to the wages payable to the employee in respect of the wage period for which the deduction is made, a larger proportion than the period for which he was absent bears to the total period, within such wage period during which by the terms of his employment, he was required to work:

Provided that, subject to any rules made in this behalf by the Government, if ten or more employees acting in concert absent themselves without due notice, that is to say, without giving the notice which is required under the terms of their contract of employment and without reasonable cause, such deduction from any such employee may include such amount not exceeding his wages for four days as may by any such terms be due to the employer in lieu of due notice.

Explanation :- For the purpose of this section, an employee shall be deemed to be absent from the place where he is required to work, if, although present in such place he refuses, in pursuance of a stay in strike or for any other cause which is not reasonable in the circumstances, to carry out his work.

Section 43 Deductions for damage or loss

(1) A deduction under Clause (c) of sub section (2) of Section 40 shall not exceed in respect of the damage of goods, one half of the amount of such damage and in respect of loss of goods or money, the amount of such loss caused to the employer by negligence or default of the employee and shall not be made until the employee has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions.

(2) All such deductions and all realisations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed.

Section 44 Deductions for services rendered

A deduction under Clause (d) or Clause (e) of sub section (2) of Section 40 shall not be made from the wages of an employee unless the house accommodation, amenity or service has been accepted by him as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house accommodation, amenity or service supplied and in the case of a deduction under the said Clause (e), it shall be subject to such conditions, as the Government may impose.

Section 45 Deductions for recovery of advances

Deductions under Clause (f) of sub section (2) of Section 40 shall be subject to the following conditions namely :

(a) recovery of an advance of money given before employment began shall be made from the first payment of wages in respect of a complete wage period, but no recovery shall be made of such advance given for travelling expenses;

(b) recovery of advances of wages not already earned shall be subject to any rules made by the Government regulating the extent to which such advances may be given and the instalments by which they may be recovered.

Section 46 Deductions for payments to Co operative Societies and Insurance Schemes, etc.

Deductions under Clause (j) and Clause (k) of sub section (2) of Section 40 shall be subject to such conditions as the Government may impose.

Section 47 Conditions for terminating the services of an employee, payment of service compensation for termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of suspension

(1) No employer shall, without a reasonable cause terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee atleast one month s notice in writing or wages in lieu thereof and in respect of an employee who has been in his employment continuously for a period of not less than one year, a service compensation amounting to fifteen days average wages for each year of continuous employment:

Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination.

(2) The services of an employee shall not be terminated by the employer when such employee made a complaint to the Inspector regarding the denial of any benefit accruing to him under any labour welfare enactment applicable to the establishment and during the pendency of such complaint before the Inspector. The services of an employee shall not also be terminated for misconduct except for such acts or omission and in such manner as may be prescribed.

(3) Every employee who has put in a continuous service of not less than one year shall be eligible for service compensation amounting to fifteen days average wages for each year of continuous employment, (i) on voluntary cessation of his work after completion of 60 years of age, (ii) on his resignation, or (iii) on physical or mental infirmity duly certified by Registered Medical Practitioner, or (iv) on his death or disablement due to accident or disease:

Provided that the completion of continuous service of one year shall not be necessary where the termination of the employment of an employee is due to death or disablement:

Provided further that in a case of death of an employee service compensation payable to him shall be paid to his nominee or if no nomination has been made to his legal heir.

(4) Where a service compensation is payable under this section to an employee, he shall be entitled to receive his wages from the date of termination or cessation of his services until the date on which the service compensation so payable is actually paid.

(5) The payment of service compensation under this section shall not apply in cases where the employee is entitled to gratuity under the Payment of Gratuity Act, 1972 (Central Act 39 of 1972) and gratuity has been paid accordingly consequent on the termination or cessation of service.

(6) Where an employee is placed under suspension pending enquiry into grave misconduct the employer shall pay a subsistance allowance equivalent to fifty per cent of the last drawn wage for the first six months and at seventy five per cent of the last drawn wage beyond six months during the period of suspension. The total period of suspension shall not however exceed one year in any case. If the misconduct is not established or the total period of suspension exceeds one year, the employee shall be entitled to full wages during suspension period and the period of suspension shall be treated as on duty.

Explanation :-

(1) For the purpose of this section :

(a) the term employee shall include part time employee also;

(b) the expression average wages means the daily average of wages for the days an employee actually worked during the thirty days immediately preceding the date of termination or cessation of service;

(c) the expression wages does not include over time wages;

(d) an employee in an establishment shall be deemed to have been in continuous employment for a period of not less than six months if he has worked for not less than one hundred and twenty days in that establishment within a period of six months immediately preceding the date of termination or cessation of the service of that employee.

(e) where the total continuous employment is for a fraction of a year or extends over a fraction of a year in addition to one or more completed years of continuous employment, such fraction, if it is not less than a half year shall be counted as a year of continuous employment in calculating the total number of years for which the service compensation is to be given;

(f) the service compensation of an employee whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of property belonging to the employer, shall be forfeited to the extent of the damage or loss caused;

(g) disablement means such disablement which incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.

(2) An employee who has completed the age of sixty years or who is physically or mentally unfit having been so declared by a Registered Medical Practitioner or who wants to retire on medical grounds or to resign his service may give up his employment after giving to his employer notice of atleast fifteen days and where no such notice is given, the service compensation payable to him shall be forfeited to the extent of fifteen days in lieu of the notice.

Section 48 Appointment of authority to hear and decide appeals arising out of termination of services

(1)

(a) The Chief Inspector may, by notification, appoint for any area as may be specified therein, any authority to hear and decide appeals arising out of the termination of service of employees under Section 47:

Provided that the Chief Inspector may on administrative grounds transfer any appeal arising in the territorial jurisdiction of any authority to the file of another authority for disposal, and such authority to whom the appeal is transferred by the Chief Inspector shall dispose of the appeal so transferred.

(b) Any employee whose services have been terminated may, appeal to the authority concerned within such time and in such manner as may be prescribed.

(2) The appellate authority may, after inquiry in the prescribed manner, dismiss the appeal or direct the reinstatement of the employee with or without wages for period he was kept out of employment or direct payment of compensation without reinstatement or grant such other relief as it deems fit in the circumstances of the case:

Provided that the authority concerned shall, without delay, hear such appeal and pass such orders within a period of three months from the date of receipt of such appeal:

Provided further that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further period as it may think fit:

Provided also that no proceedings before such authority shall lapse merely on the grounds that any period specified in this sub section had expired without such proceedings being completed.

(3) Against any decision of the authority under sub section (2), a second appeal shall lie to such authority as may be notified by the Government within thirty days from the date of communication of the decision and the decision of such authority on such appeal shall be final and binding on both the employer and the employee and shall be given effect to within such time as may be specified in the order of that authority:

Provided that the second appeal shall not be entertained unless the employer deposits the entire amount of back wages as ordered by the appellate authority under sub section (2) or the amount of compensation ordered as the case may be:

Provided further that if the second appeal is against the order of reinstatement given by the appellate authority under sub section (2), the employee shall be entitled to wages last drawn by him during the pendency of the proceedings before appellate authority.

(4) Where in any case, an appellate authority by its award directs reinstatement of any employee and the employer challenges such award in any Court of Law, the employer shall be liable to pay such employee during the pendency of such proceedings, full wages last drawn by him, if the employee had not been employed in any establishment during such period and an affidavit by such employee had been filed to that effect in such Court:

Provided that where it is proved to the satisfaction of the Court that such employee has been employed and has been receiving remuneration during any such period or part thereof the Court shall order that no wage shall be payable under this section for such period or part, as the case may be.

(5) Any amount directed to be paid under this section may be recovered :

(a) if the authority appointed under sub section (1) is a Magistrate, by the authority, as if it were a fine imposed by him as Magistrate; and

(b) If the authority is not a Magistrate, by any Magistrate to whom the authority makes application in this behalf as if it were a fine imposed by such Magistrate.

Section 49 Notice and payment of service compensation to employees in the case of transfer of establishment

Where the ownership or management of an establishment is transferred, whether by agreement or by operation of law, from the employer in relation to that establishment to a new employer every employee who has been in continuous employment for not less than six months in that establishment immediately before such transfer shall be entitled to the notice and the service compensation in accordance with the provisions of sub section

(1) of Section 47: Provided that nothing in this section shall apply to an employee in any case where there has been a change of employers by reason of the transfer, if

(a) the employment of the employee has been interrupted by such transfer;

(b) the terms and conditions of employment applicable to the employee after such transfer are not in any way less favourable to the employee than those applicable to him immediately before such transfer; and

(c) the new employer is under the terms of such transfer or otherwise, legally liable to pay to the employee in the event of termination of his services, service compensation on the basis that his employment has been continued and has not been interrupted by the transfer.

CHAPTER 9 Appointment Powers and Duties etc., of the authority to hear and decide claims relating to Wages etc., of employees in Establishments

Section 50 Appointment of authority to hear and decide claims relating to wages etc.

The Government may, by notification appoint an authority to hear and decide for any specified area all claims arising out of deductions from the wages or delay in payment of the wages or service compensation payable under this Act to employees in any establishment in that area.

Section 51 Claims arising out of deductions from wages or delay in payment of wages etc., and penalty for malicious or vexatious claims

(1) Where, contrary to the provisions of this Act, any deduction has been made from the wages of an employee in an establishment or any payment of wages or service compensation to him has been delayed, such employee himself, or if he is dead any of his dependants or any legal practioner, or any official of a registered Trade Union authorised in writing to act on behalf of such employee or dependant, or any Inspector under this Act or any other person acting with the permission of the authority appointed under Section 50 may apply to such authority for a direction under sub section (2):

Provided that every such application shall be presented within one year from the date on which the deduction from the wages was made or from the date on which the payment of the wages or service compensation was due to be made, as the case may be:

Provided further that any application may be admitted after the said period of one year when the applicant satisfies the authority that he had sufficient cause for not making the application within such period.

(2) When any application under sub section (1) is entertained the authority shall, hear the applicant and the employer or give them an opportunity of making representation either in person or through an authorised representative, and after such further inquiry, if any, as may be necessary, may, without prejudice to any other penalty to which such employer is liable under this Act, direct the refund to the employee of the amount deducted, or the payment of the delayed wages or the service compensation together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted or the amount of delayed wages and not exceeding ten rupees in case of service compensation:

Provided that, no direction for the payment of compensation shall be made in the case of delayed wages or service compensation if the authority is satisfied that the delay was due to

(a) a bonafide error or a bonafide dispute as to the amount payable to the employee; or

(b) the existence of exceptional circumstances such that the employer was unable, though exercising reasonable diligence, to make prompt payment; or

(c) the failure of the employee to accept payment.

(3) If the authority hearing any application under this section is satisfied that it was either malicious or vexatious, the authority may direct that a penalty not exceeding five rupees be paid to the employer by the person presenting the application.

(4) Any amount directed to be paid under this section may be recovered

(a) if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate; and

(b) if the authority is not a Magistrate by any Magistrate to whom the authority makes an application in this behalf, as if it were a fine imposed by such Magistrate.

Explanation :- For the purposes of this section, the term employee shall include part time employee also.

Section 52 Single application in respect of claims from unpaid group

(1) Employees are said to belong to the same unpaid group if they are borne on the same establishment and if their wages or service compensation for the same period or periods have remained unpaid after the day on which they were due.

(2) A single application may be presented under Section 51 on behalf, or in respect, of any number of employees belonging to the same unpaid group, and in such case the maximum compensation that may be awarded under sub section (2) of that section shall be ten rupees per head.

(3) The authority may deal with any number of separate pending applications, presented under Section 51 in respect of persons belonging to the same unpaid group, as a single application presented under sub section (2) of this section and the provisions of that sub section shall apply accordingly.

Section 53 Appeal

(1) An appeal against an order dismissing either wholly or in part an application made under sub section (1) of Section 51 or against a direction made under sub section (2) or sub section (3) of that section may be preferred before the authority to be notified by Government within thirty days of the date on which the order or direction was served on the applicant or the employer, as the case may be

(a) by the employer, if the total sum directed to be paid by way of wages, service compensation and compensation exceeds three hundred rupees, or

(b) by the person who had applied under sub section (1) of Section 51 if the total amount of wages or service compensation claimed to have been withheld from the employee or from the unpaid group to which he belonged exceeds fifty rupees; or

(c) by any person directed to pay a penalty under sub section (3) of Section 51.

(2) Save as provided in sub section (1) any order dismissing either wholly or in part an application made under sub section (1) of Section 51 or a direction made under sub section (2) or sub section (3) of that section shall be final.

Section 54 Conditional attachment of property of employer

(1) Where at any time after an application has been made under sub section (1) of Section 51, or where at any time after an appeal has been filed under Clause (b) of sub section (1) of Section 53, the authority referred to in those sections is satisfied that the employer is likely to evade payment of any amount that may be directed to be made under Section 51 or Section 53, the Authority, except in cases where it is of opinion that the ends of justice would be defeated by the delay, after giving the employer an opportunity of making representation may direct the attachment of so much of the property of the employer as is in the opinion of the authority sufficient to satisfy the amounts which may be payable under the direction.

(2) The provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) relating to attachment before judgment under that Code, shall, so far as may be, apply to any direction for attachment under sub section (1).

Section 55 Power of authority appointed under Section 50 (Central Act 5 of 1908)

Every authority appointed under Section 50 shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court for all the purposes of Section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Section 56 Power of Government to prescribe costs and Court fees for proceedings under this Chapter

The Government may prescribe the scales of costs which may be allowed and the amount of Court fees which shall be payable in respect of any proceedings under this Chapter.

CHAPTER 10 Appointment, Powers and duties of the Chief Inspector and Inspectors

Section 57 Appointment of Chief Inspector and Inspectors

The Government may, by notification, appoint a Chief Inspector and such number of Inspectors as may be necessary for the purposes of this Act and fix the local limits of their jurisdiction.

Section 58 Powers and duties of Chief Inspector

The Chief Inspector may exercise and perform in addition to the powers and duties conferred and imposed on him by or under this Act, all the powers and duties of an Inspector under this Act.

Section 59 Powers and duties of Inspectors

An Inspector may, within the local limits for which he is appointed,

(a) enter at all reasonable hours with the assistance of such persons in the service of the Government or any local authority as he thinks fit, any place which is or which he has reason to believe is used as an establishment;

(b) make such inspection of the premises and of any registers or other records and take on the spot or otherwise evidence of such persons, as he may deem necessary in the manner prescribed;

(c) exercise such other powers as may be necessary for carrying out of the purposes of this Act.

Section 60 Chief Inspector and Inspectors to be public servants

The Chief Inspector and every Inspector shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

CHAPTER 11 Penalties for offences

Section 61 Penalties

(1) Any employer who makes any false or incorrect statement under Section 3 shall be punishable with fine which may extend to one hundred rupees.

(2) Any employer who contravenes any of the provisions of the Sections 3, 4, 5, 7, 9 to 12, 13, 15 to 32; 34 to 47; 49, 68 and 69 shall be punishable for a first offence with fine which may extend to rupees one hundred, for a second offence with fine which shall not be less than rupees two hundred and fifty but which may extend to rupees five hundred and for the third or subsequent offences with imprisonment for a term which may extend to three months and with a fine which shall not be less than rupees five hundred but which may extend to rupees one thousand:

Provided that where any employer fails to possess a valid certificate of registration in contravention of the provisions of Sections 3, 4 and 5, he shall, on conviction be punishable, in the case of a continuing offence with a further fine which may extend to rupees two hundred and fifty for each day during which the offence continues.

(3) Whoever contravenes the provisions of Section 8 shall be punishable for a first offence with fine which may extend to one hundred rupees, and for second or subsequent offence with fine which may extend to two hundred and fifty rupees.

(4) Whoever contravenes the provisions of sub section (2) of Section 48 shall on conviction be punishable with fine which may extend to rupees fifty for each day during which the offence continues.

(5) Whoever contravenes the provisions of sub section (3) of Section 48 shall on conviction be punishable with a fine which may extend to rupees fifty for each day during which the offence continues.

Section 62 Power to compound offence

The Chief Inspector may authorise by notification any officer to accept from any person who is reasonably believed to have committed an offence under Sections 3, 4, 7, 8, 10, 12, 15, 16, 17, 19, 20, 31 and 63 of this Act or the rules made thereunder a sum of money not exceeding rupees one hundred in case of each violation by way of compounding such offence. Any proceedings taken against such person in respect of such offence shall on payment of such money be withdrawn and no further proceedings shall be taken in respect of such offence.

Section 63 Penalty for obstructing Inspector etc.

Any person who wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act or any person lawfully assisting such Inspector in the exercise of such power, or who fails to comply with any lawful direction made by such Inspector, shall be punishable with imprisonment for a term which may extend to three months or fine or with both.

Section 64 Procedure in trial of offences

(1) No Court shall take cognizance of a complaint against an employer under sub section (2) of Section 61 relating to deductions from the wages or delay in payment or wages or service compensation payable under this Act to an emplo yee, unless an application in respect of facts constituting the offence has been presented under Section 51 and has been granted wholly or in part and the authority empowered under the latter section or the appellate authority granting such applications has sanctioned the making of the complaint.

(2) Before sanctioning the making of a complaint against the employer for such an offence, the authority empowered under Section 50 or the Appellate Authority, as the case may be, shall give such employer an opportunity of showing cause against the granting of such sanction, and the sanction shall not be granted if such employer satisfies the authority or Court that his default was due to :

(a) a bonafide error or bonafide dispute as to the amount payable to the employee; or

(b) the existence of exceptional circumstances, such that the employer was unable, though exercising diligence, to make prompt payment; or

(c) the failure of the employee to accept payment.

(3) No Court shall take cognizance of a complaint against any person for an offence under Section 61 other than the offence referred to in sub section (1) or for a contravention of any rule made under Section 71 except on a complaint made by or with the previous sanction in writing of an Inspector under this Act within six months from the date on which the offence or contravention is alleged to have been committed.

(4) In imposing any fine for an offence referred to in sub section (1), the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under Section 51.

Section 65 Bar of suits

No Court shall entertain any suit for the recovery of wages or service compensation or of any deduction therefrom in so far as the sum so claimed

(a) forms the subject of an application under Section 51 which has been presented by the plaintiff and which is pending before the authority appointed under Section 50 or of an appeal under Section 53; or

(b) has formed the subject of a direction under Section 51 in favour of the plaintiff;or

(c) has been adjudged, in any proceeding under Section 51 not to be owed to the plaintiff;or

(d) could have been recovered by an application under Section 51.

Section 66 Contracting out

Any contract or agreement, whether made before or after the commencement of this Act, whereby an employee relinquishes any right conferred by this Act shall be null and void in so far as it purports to deprive him of such right.

Section 67 Offences to be tried by Magistrate of Second Class or above

No Court, inferior to that of a Magistrate of Second Class shall try any offence punishable under this Act or any rule or order made thereunder.

CHAPTER 12 Miscellaneous

Section 68 Maintenance of registers and records and display of notices, etc.

(1) Subject to the control of the Government an employer shall maintain such registers and records and display such notices, as may be prescribed. All such registers and records shall be kept, and all such notices shall be displayed on the premises of the establishment to which they relate.

(2) Every employer shall, on demand produce or cause to be produced for inspection by an inspector all registers, records, and notices required to be kept by or under this Act.

(3) Every employer shall submit such returns relating to his business, in such manner, within such period, and to such authority as may be prescribed.

(4) Every employer shall give an order of appointment to his employee in the establishment before such employee joins the service and shall also furnish a copy of such order to the Inspector having jurisdiction over the area, within three days of issue of each such order:

Provided that in case of an employee in the service at the commencement of this Act, the employer shall give such order of appointment within a period of three months from the date of such commencement.

Section 69 Restriction on double employment on a holiday or during leave

No employee shall work in any establishment nor shall any employer knowingly permit an employee to work in any establishment on a day or part of a day on which the employee is given a holiday or is on leave in accordance with the provisions of this Act.

Section 70 Delegation of Powers

(1) The Government may, by notification, authorise any officer or authority subordinate to them to exercise any one or more of the powers vested in them by or under this Act, except the powers mentioned in Section 71 subject to such restrictions and conditions, if any, as may be specified in the notification.

(2) The exercise of the powers delegated under sub section (1) shall be subject to control and revision by the Government or by such persons as may be empowered by them in that behalf. The Government shall also have power to control and revise the acts or proceedings of any person so empowered.

Section 71 Power to make rules

(1) The Government may by notification make rules for carrying out the purposes of this Act.

(2) In making a rule under sub section (1), the Government may provide that a contravention thereof shall be punishable with fine which may extend to fifty rupees.

(3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication.

(4) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the notification or annulment is notified have effect only in such modified form or shall stand annulled, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 72 Rights and privileges under other laws etc., not affected

Nothing in this Act shall affect any rights or privileges which any employee in any establishment is entitled to, on the date on which this Act applies to such establishment, under any other law, contract custom or usage applicable to such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.

Section 73 Exemption

(1) Nothing in this Act shall apply to

(a) employees in any establishment in a position of management and having control over the affairs of the establishment, whose average monthly wages exceed sixteen hundred rupees;

(b) establishments under the Central and State Governments, local authorities, the Reserve Bank of India, a railway administration operating any railway as defined in Clause (20) of Article 366 of the Constitution and Cantonment authorities;

(c) establishments in mines and oil fields;

(d) establishments in bazars in places where fairs or festivals are held temporarily for a period not exceeding one month at a time.

(2) Nothing in Section 7 or Section 15, as the case may be, shall apply to

(a) hospitals or other institutions for treatment or care of the sick, the infirm, the destitute or the mentally unfit;

(b) such chemists and druggists shops as the Government may, by general or special order, specify;

(c) hair dressing shops, clubs and residential hotels, educational institutions, hostels attached to schools or colleges and establishments maintained in connection with the boarding and lodging of pupils and resident masters;

(d) stalls and refreshment rooms at railway stations, docks, wharves, ports, airports or but stands;

(e) establishments wholly or principally engaged in the sale of ice or aerated waters;

(f) establishments wholly or principally engaged in the sale of funeral requisites;

(3) Nothing in Sections 9, 12 or in Section 15 shall apply to

(a) person whose work is of an intermittent nature such as caretaker, sweeper, travelling staff;

(b) persons employed for loading and unloading of goods at godowns.

(4) The Government may, by notification, exempt either permanently or for any specified period, any establishment or class of establishments, or persons or class of persons, from all or any of the provisions of this Act, subject to such conditions as they may deem fit.

(5) Notwithstanding anything in the foregoing sub section, the Government may, by notification apply all or any of the provisions of this Act to any class of persons or establishments mentioned in those sub sections other than those mentioned in Clause (b) of sub section (1) and modify or cancel any such notification.

Section 74 Application of the Workmen s Compensation Act, 1923

The Provisions of the Workmen s Compensation Act, 1923 (Central Act, 1923) and the Rules thereunder shall, so far as may be, apply to every employee to whom this Act applies.

Section 75 Protection of persons acting in good faith

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Section 76 Power of Government to suspend provisions of the Act to during fairs and festivals

On any special occasion in connection with a fair or festival or a succession of public holidays, the Government may, by notification, suspend for a specified period the operation of all or any of the provisions of this Act, subject to such conditions as may be specified in such notification.

Section 77 Application of this Act Co operative Societies

Notwithstanding any thing in the Andhra Pradesh Co operative Societies Act, 1964, the Provisions of this Act shall apply to the Co operative Societies.

Section 78 Central Act 18 of 1942 not to apply to establishment governed by this Act

On and from the date on which this Act comes into operation in respect of an establishment, the Weekly Holidays Act, 1942, shall cease to apply to such establishment.

Section 79 Repeal and saving

With effect on and from the date on which this Act is brought into force in any area, the Andhra Pradesh Shops and Establishments Act, 1966, (Act 15 of 1966) as in force in that shall stand repealed:-

Provided that-

(a) every appointment, order, rule, notification or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rule, notification or notice made, issued or given under this Act;

(b) any proceedings relating to the trial of any offence punishable under the provisions of the Act so repealed shall be continued and completed as if the said Act had not been repealed but had continued in operation and any penalty imposed in such proceedings shall be recovered under the Act so repealed.

RULE:

Andhra Pradesh Shops and Establishments Rules, 1990

In exercise of the powers conferred by sub section (1) of Section 71 of the Andhra Pradesh Shops and Establishments Act, 1988 (Act No.20 of 1988) the Governor of Andhra Pradesh hereby makes Andhra Pradesh Shops and Establishments Rules as provided in the Annexure, the same having been previously published as required by sub section (3) of Section 71 of the said Act. The said Rules shall come into force with effect from 1-11-1991. Andhra Pradesh Shops and Establishments Rules, 1990

Rule 1 Short title

These rules may be called the Andhra Pradesh Shops and Establishments Rules, 1990.

Rule 2 Definitions

In these rules, unless the context otherwise requires : -

(a) "Act" means the Andhra Pradesh Shops and Establishments Act, 1988;

(b) "Family Members" means father, mother, wife, husband, sons, daughters, sisters and brothers, wholly dependent on the earnings of the employer;

(c) "Form" means a form appended to these Rules;

(d) "Government" means the State Government of Andhra Pradesh;

(e) "Section" means a Section of the Act;

(f) Words and expressions used but not defined in these rules shall have the same meanings assigned to them in the Act.

Rule 3 Registration of Establishments and Renewal of Registration Certificate

(1) The Statement specified in sub section (1) of Section 3 of the Act shall be submitted by the employer in Form I to the Inspector of the area concerned. The Statement shall be accompanied by a challan in support of the payment of fees prescribed in Schedule I.

(2) The Inspector shall maintain Register of Establishments in Form V.

(3) The Inspector shall issue a certificate of Registration in Form II.

(4) Every application for renewal of Registration Certificate made under Section 4 of the Act shall be submitted by the employer to the Inspector of the area concerned in Form III. The application for renewal of Certificate of Registration shall be accompanied by a challan for the fees prescribed in Schedule I.

(5) The period of renewal of Certificate of Registration shall be one year or upto three years from the date of its expiry, at the option of the employer.

(6) On receipt of application for renewal of Certificate of Registration, the Inspector shall issue Renewal of Registration Certificate in Form IV.

(7) Where the application for renewal of Registration Certificate is not made within the date i.e., atleast 30 days before its expiry, penalty as specified below shall be levied.

1. Application submitted on or after 2nd December, but before 31st December. 25 of the fees prescribed.

2. Application submitted on or after 1st January. 50 of the fees prescribed.

Provided that the Government or subject to the control of the Government the Chief Inspector may, if they are or he is satisfied that there is sufficient reason for the employer in not sending the application for the renewal of the Certificate of Registration before the expiry of the time limit specified in sub section (2) of Section 4, by an order and for reasons recorded therein, waive the payment of penalty either in part or wholly by the employer in respect of the renewal of the Certificate of Registration applied for.

Rule 4 Payment of Fees

The fees prescribed under these Rules shall be remitted into the Government Treasury State Bank of India State Bank of Hyderabad under the Head of Account "0230 Labour and employment (101) Receipts under Labour Laws". The fees once remitted shall under no circumstances be refunded.

Rule 5 Issue of duplicate Registration Certificate

If the Certificate of Registration issued under sub rule (3) of Rule 3 is lost, destroyed or defaced, the employer of the Establishment shall forthwith report the matter to the Inspector of the area concerned and shall apply in Form VI with a fee as prescribed in Schedule.II for the issue of duplicate registration certificate. Upon the receipt of such application together with the fee, the Inspector shall furnish to the employer with a duplicate copy of registration certificate duly stamped Duplicate copy of the Registration Certificate .

Rule 6 Notice of Change

(1) Notice shall be given by the employer to the Inspector of the area concerned as required under sub section (4) of Section 3 of the Act, in Form VII together with the Certificate of Registration and a challan for the amount of fee remitted as specified in Schedule II and the amount, if any, payable as specified in Schedule I having regard to increase in the number of employees:-

Provided that no notice need be given by the employer to the Inspector of the area concerned in respect of any change in the number of employees if such change does not affect the licence fee remitted as specified in Schedule I.

(2) On receipt of notice of change the Inspector shall amend the Certificate of Registration or issue a fresh one, if necessary and sent it to the employer.

(3) Where the Inspector cancels the Certificate of Registration on receipt of information with regard to the closure of Shop Establishment, he shall intimate the employer about the cancellation of the Registration Certificate. The communication to the employer shall be sent under Certificate of posting.

Rule 7 Authority to whom appeals shall lie against revocation of suspension of registration certificate

An appeal under sub section (1) of Section 6 of the Act against the orders of revocation or suspension of the Registration Certificate shall lie to the Labour Officer in whose jurisdiction the Shop Establishment lies.

Rule 8 Form of appeal, mode of submission and procedure to be followed by the appellate authority

(1) Every appeal, under Section 6 shall be presented to the Appellate Authority in person or sent to him by Registered Post under acknowledgement due.

(2) The appeal shall be in form of a memorandum and shall be accompanied by a certified copy of the order appealed against.

(3) The memorandum shall setforth the grounds of the appeal.

(4) Where the memorandum of appeal does not comply with the provisions of sub rules (2) and (3) above, it may be returned, within fifteen days from the date of its receipt to the appellant for the purpose of being amended. The appellant shall re submit the appeal duly amended as directed by the Appellate Authority within a period of thirty days from the date of its return.

(5) Where the memorandum of appeal is in order, the Appellate Authority shall admit the appeal, endorse thereon the date of presentation and shall register the appeal in the Register of Appeals in Form VIII.

(6) Where the appeal is admitted, the Appellate Authority shall obtain the connected records from the Inspector concerned against whose order the appeal has been preferred.

(7) The Appellate Authority shall give an opportunity to the appellant for being heard, by fixing a date.

(8) If, on the date fixed for personal hearing, the appellant does not appear, the Appellate Authority shall decide the appeal on the basis of the records made available to him and shall communicate his order to the appellant.

Rule 9 Ascertainment of age by the Inspectors

An employer may be required to produce one of the following documents in support of the age of an employee:-

(i) School Certificate;

(ii) Extract from the register of Birth.

(iii) Certificate in Form IX from the Government Medical Officer not below the rank of Assistant Civil Surgeon.

Rule 10 Maternity Benefit

(1) The payment of Maternity Benefit to a woman employee under Section 25 of the Act shall be at the same rate of daily, weekly, or monthly wages last paid. In the case of piece rate employees, the rate of maternity benefit shall be on the basis of the average earning of one month or wages drawn on the last working day whichever is higher.

(2) The payment of maternity benefit accruing to a woman employee shall be made to her at any time not later than one week after receipt of intimation in writing about the date of her delivery:

Provided that if a woman dies during this period, the maternity benefit shall be payable only for the days upto and including the day of her death.

(3) In case of miscarriage, the woman employee shall on production of a certificate granted to that effect by a Registered Medical Practitioner, be entitled to the maternity benefit for a period of six weeks immediately following the date of her miscarriage.

(4) The amount payable to a woman employee a maternity benefit in accordance with aforesaid rules shall, for the purposes of its recovery be deemed to be wages as defined under sub section (23) of Section 2 of the Act.

(5) Payment in respect of claim of maternity benefit shall be made by the employer to the woman employee concerned or to a person authorised by her in writing . In the case of her death, the same shall be payable to her legal heirs.

(6) No woman employee having more than two children shall be eligible for maternity benefit.

Rule 11 Cleanliness

(1)The premises of every establishment shall be kept clean in the following manner.

(i)

(a) In every establishment, all the inside walls of the rooms and all the ceilings of such rooms (Whether such walls or ceilings be plastered or not) and all the passages and stair cases shall be white washed or colour washed at interals not more than two years from the time when they were last white washed or colour washed and shall be maintained in a clean state.

(b) All beams, rafters, doors, windows frames, and other wood work with the exception of floors shall be either white washed or colour washed at intervals of not more than twelve months from the time when they were last white washed or colour washed or shall be painted or varnished at intervals of not more than seven years form the time when they were last painted or varnished and shall be maintained in a clean state.

(c) This sub rule shall not apply to the following:

(i) rooms used only for the storage of articles.

(ii) walls or ceilings of rooms which are made of galvanised iron, flat tiles, asbestos sheets, glazed bricks, glass slate, bamboo, thatch, cement, plaster or polished chunam;

(iii) ceilings of rooms in which the lowest part is atleast 6.0 metres from the floor.

(iv) any other establishment or part thereof in which white washing, colour washing, painting or varnishing is, in the opinion of the Chief Inspector, unnecessary to satisfy the requirement of Section 26 of the Act in regard to cleaniness.

(2) Rubbish, filth or debris shall not be allowed to accumulate or to remain on any part of the establishment for more than 24 hours and shall be disposed of. All waste matter shall be kept in covered receptacles.

(3) All drains carrying waste or sullage water or sewage shall be constructed of masonry or other impermeable material and shall be regularly flushed at least twice daily and where possible, connected with some recognised drainage line.

(4) The establishment and the compound surrounding it shall be maintained in a strictly sanitary and clean condition. The floors shall be swept or otherwise cleaned atleast once daily, and the ceiling shall be dusted atleast once a month.

(5) The employer shall enforce the proper use of latrines and urinals and prevent pollution by excreta or urine on the surface of the ground in the vicinity of the latrine or the urinal and in the compound of the establishment. The employer shall make suitable arrangements for the regular cleaning and conserving of the latrines and urinals to the satisfaction of the Inspector.

(6) Employer shall provide drinking water and keep the area around the place of drinking water clean and properly drained.

Rule 12 Precautions against fire

Every establishment shall provide under sub section (1) of Section 28 with adequate means of escape in case of fire and shall also provide buckets of substantial construction full of water or sand and or chemical fire extinguishers in suitable number and at suitable sites according to the nature of work carried on and the size of the premises.

Rule 13 Safety

(1) Every dangerous part of machinery in an establishment other than a shop shall be securely fenced by safeguards of substantial construction which shall be kept in position while the parts of machinery are in motion or in use.

(2) In every establishment where manufacturing process is carried on with the aid of electric power, suitable devices for disconnecting the power supply during the emergencies from running machinery shall be provided and maintained.

(3) No employee, with loose fitting clothes on, shall be allowed or made to work near the moving machinery or belt and the tight fitting clothes for the purpose shall be provided by the employer.

Rule 14 First Aid Appliances

In every establishment other than a shop, a first aid box shall be kept and it shall contain the following equipment together with a book of instructions on first aid namely :

(i) 3 small sterilised dressings;

(ii) 2 medium size sterilized dressings;

(iii) 2 large size sterilized dressings;

(iv) 2 large size sterilized burn dressings;

(v) 2 (15.0 grams) packets sterilized cotton wool;

(vi) 1 pair of dressing scissors;

(vii) 1 (30.0 grams) bottle containing solution of salvolatine having the dose and mode of administration indicated on the label;

(viii) 1 (30.0 grams) bottle containing solution of iodine or mercurrichrome;

(ix) 1 (30.0 grams) bottle containing Potassium Permanganate crystals;

(x) any antidotes for burns.

Rule 15 Maximum permissible load, training and instruction, Medical examination and provision of technical devices

(1) For the purposes of this rule, the term Manual Transport of Load means any act which is continuously or principally devoted to the manual transport of loads, or which normally includes, eventhough intermittently, the manual transport of loads.

(2) The maximum permissible weight which may be transported manually by an adult male worker shall not be more than fifty five kgs. and in the case of women and young persons the maximum permissible weight shall not be more than thirty kgs.

(3) No woman employee shall be assigned to manual transport of loads during pregnancy or during the ten weeks following confinement.

(4)

(i) Every employee who is assigned to manual transport of loads other than light loads shall be given, prior to such assignment, adequate training or instruction in working techniques, with a view to safeguarding health and preventing accidents.

(ii) Such training or instruction should include methods of lifting, carrying, putting down, unloading and stocking of different types of loads, and shall be given by suitable qualified persons or institutions, and be followed up, wherever practicable, by supervision on the job to ensure that the correct methods are used.

(iii) Every employee occasionally assigned to manual transport of loads shall be given appropriate instructions on the manner in which such operations may be safely carried out.

(5)

(i) Every employer shall make available, suitable technical devices in order to limit or to facilitate the manual transport of loads, which shall be used.

(ii) The packaging of loads which may be transported manually should be compact and of suitable material and should as far as possible and appropriate, be equipped with devices for holding and so designed as not to create risk of injury; for example, it should not have sharp edges, projections or rough surfaces.

(6)

(i) The employer shall arrange for the medical examination of fitness for employment of each employee as far as practicable and appropriate before assignment of the employees to manual transport of loads.

(ii) Medical examinations shall be made every one year in respect of each such employee.

(iii) Employer shall bear the cost of Medical Examinations.

(7) The training or instructions provided for in this rule shall not involve the employee in any expense.

Rule 16 Manner of calculating ordinary rate of wages

For the purpose of the explanation to Section 37, ordinary rates of wages per hour shall be calculated by dividing the total wages payable to a person employed for the hours actually worked by him during the wage period by the number of such hours in the wage period:

Provided that hours worked by a person employed in excess of the normal daily hours during the wage period shall be excluded in calculating the number of hours actually worked by him.

Rule 17 Fines and deductions for damage or loss

(1)

(a) The Chief Inspector shall be the Authority competent to approve, the acts and omissions in respect of which fines may be imposed and to approve the purpose to which the fines realised shall be applied,

(b) Any employer requiring the power to impose fines in respect of any acts and omissions on the part of the employees shall send to the Chief Inspector : -

(i) a list in English or in Telugu in duplicate, clearly defining such acts and omissions.

(ii) in case where the employer himself does not intend to be the sole person empowered to impose fines, a list in duplicate showing those appointments in his establishment the incumbents of which may pass orders imposing fines and the class of establishment on which the incumbent of each such appointment may impose fines, and

(iii) a list showing the purpose to which the fines realised shall be applied.

(c) The Chief Inspector may on receipt of the list prescribed in sub clause (i) or sub clause (iii) of Clause (b) above after such enquiry as he considers necessary, pass orders either :

(i) disapproving the list, or

(ii) approving the list either in its original from or as amended by him in which case such list shall be considered to be an approved list:

Provided that no order disapproving of amending any list shall be passed unless the employer shall have been given an opportunity of showing cause orally or in writing against such order.

(d) The employer shall display at or near the main entrance of the establishment or at a conspicuous place a copy in English and in Telugu of the list approved under Clause (c) above.

(e) No fine shall be imposed by any person other than an employer or a person holding an appointed name in the list submitted under Clause (b).

(2)

(a) Any employer desiring to impose fine on an employee or to make a deduction from his wages for damage or loss shall explain personally to the said person the act or omission, or damages or loss, in respect of which the fine or deduction is proposed to impose, and shall hear his explanation. The charge in respect of which it is proposed to impose the fine or deduction and explanation of the person concerned shall be reduced to writing, the signature of such employee shall be obtained.

(b) Any person other than employer imposing a fine or directing the making of a deduction for damage or loss shall at once inform the employer of all particulars so that the register prescribed in sub rule (3) or sub rule (4) below may be duly completed.

(3)

(a) The employer of any establishment in respect of which he has obtained approval under sub section (1) of Section 41 to a list of acts and omissions in respect of which fines may be imposed, shall maintain in a Register of Fines in Form X.

(b) At the beginning of the Register of Fines, the approved purpose or purposes on which the fines are to be expended shall be entered and serially numbered.

(c) When any disbursements are made from the fines realised, a deduction entry of the amount so expended shall be made in the Register of Fines, the vouchers or receipts in respect of the amounts so expended shall be serially numbered and kept separately, the serial number of each voucher or receipt and the amount to which it relates being noted in the remarks column of the register. If fine more than one purpose has been approved, the entry of the disbursements shall also indicate the purpose for which it is made.

(4) In every establishment in which deductions for damage or loss are made, the employer shall maintain the register in Form XI.

Rule 18 Advances

Advance of wages shall be subject to the following conditions, namely :-

(1) Any advance of wages not already earned shall not, without the previous permission of the Labour officer having jurisdiction, exceed an amount equivalent to the wages earned by the employee during the preceding two calendar months, or if he has not been employed for that period, twice the wages, he is likely to earn during the subsequent calendar month.

(2) Any advance may be recovered in instalments by deduction from wages, spread over not more than twelve months.

(3) No instalments by which an advance is repaid shall exceed one fourth or where the wages for any wage period are not more than twenty rupees one fourth of the wages for any wage period in respect of which the deduction is made.

(4) The amounts of all advances and all repayments of such advances, shall be entered in a Register of Advances in Form XII.

Rule 19 Acts and Omissions constituting misconduct

(1) The following acts and omissions shall be treated as misconduct on the part of the employees : -

(a) Wilful insubordination or disobedience of instructions whether alone or in combination with others or any lawful and reasonable order of a superior;

(b) Striking work or inciting others to strike work in contravention of the provisions of the Industrial Disputes Act, 1947;

(c) Damage, theft, fraud or dishonesty in connection with the employer s business or property;

(d) Habitual absence without leave, or absence without leave for more than five consecutive days or overstaying the sanctioned leave without sufficient grounds or proper or satisfactory explanation;

(e) Engaging trade within the premises of the establishment.

(f) Unprovoked misbehaviour with customers, drunkenness, riotous, disorderly or indecent behaviour in the premises of the establishment.

(g) Habitual neglect of work, or habitual negligence, disclosing any information in regard to the business process of the establishment to any unauthorised person which may be prejudicial to the interest of the establishment;

(h) Gambling within the premises of the establishment;

(i) Conviction by any Court of Law for any criminal offence involving moral turpitude;

(2) Every employer shall display or cause to be displayed at or near the main entrance or at any conspicuous place of the establishment a copy of the list of acts and omissions specified under sub rule (1) above in English and Telugu. If the establishment consists of several departments, such lists shall be displayed in each department.

Rule 20 Procedure for terminating the services of an employee

(1) No employer shall terminate the services of an employee unless an enquiry is held against the employee concerned in respect of any alleged misconduct in the manner setforth in sub rule (2).

(2) An employee against whom an enquiry has to be held he shall be given a charge sheet clearly settingforth the circumstances appearing against him and requiring explanation. He shall be given an opportunity to answer the charge and shall also be permitted to produce witnesses in his defence and cross examine any witness on whose evidence the charge rests. A concise summary of the evidence led on either side and the employee s plea shall be recorded and signature of the parties obtained.

(3) In awarding punishment under this Rule, the employer shall take into account the gravity of the misconduct, the previous record, if any of the employee and other extenuating or aggravating circumstances that may exist:-

Provided that no punishment shall be awarded based on the previous record and other circumstances that may exist unless the employee has been given an opportunity of making representation in respect of those charges.

Rule 21 Appeals

(1) An appeal under sub section (1) of Section 48 shall be preferred to the Appellate Authority by the employee within 60 days from the date of service of the order terminating his services with the employer, such service shall be deemed to be effective, if carried out either personally, if that is not practicable, by pre paid registered post to his last known address, when the date of such service shall be deemed to be the date when the letter would arrive in ordinary course of post:-

Provided that the Appellate Authority may admit an appeal after the expiration of the period of sixty days where the appellate satisfies the Appellate Authority that he had sufficient cause for not preferring the appeal within the stipulated period of sixty days.

(2)

(a) The procedure to be followed by the Appellate Authority for hearing appeals preferred to it under sub section (1) of Section 48 shall be summary. It shall pass orders giving its reasons thereof. A Register of Appeals in Form XIII shall be maintained by the Appellate Authority wherein the particulars of the appeal and summary of the final order shall be recorded.

(b) If the employer fails to appear on the specified date, the Authority may proceed to hear and determine the application exparte.

(c) If the applicant fails to appear on two successive dates of hearing, the Authority may dismiss the application:

Provided that an order passed under Clause (b) or Clause (c) above may be set aside and the application re heard, if any good cause being shown by the defaulting party within one month from the date of the said order, after service of notice to opposite party.

(d) The parties shall not be entitled to produce additional evidence whether oral or documentary before the Appellate Authority. But it can be entertained on the following grounds:

(i) the employer from whose order the appeal is preferred has refused to admit evidence which ought to have been admitted; or

(ii) the Appellate Authority requires any document to be produced or any witness to be examined to enable it to pass orders or for any other substantial cause, the Authority may allow such evidence or document to be produced or witness to be examined.

(e) Wherever additional evidence is allowed to be produced by the Appellate Authority, it shall record the reason for its admission.

(f) The result of the appeal shall be communicated to the parties as soon as possible. Copies of the orders shall also be furnished to the parties if required by them. The copies shall be on stamped papers to be furnished by the parties.

(3) The second Appellate Authority shall follow the same procedure as enumerated in sub rule (2) above. He shall also maintain a Register of Second Appeal in Form XV.

Rule 22 Permission to act on behalf of employee or employer

Any person desiring to act on behalf of the employee whose appeal against termination of his services is pending dis posal or the employer thereto shall present to Appellate Authority a Letter of Authorisation in Form XIV from the employee or the employer as the case may be, on whose behalf he seeks to act, together with a written statement explaining his interest in the matter and praying for permission so to act. The Appellate Authority shall record thereon an order either according his approval or specifying in the case of refusal to grant permission prayed for the reasons for such refusal.

Rule 23 Application for payment of Wages or service compensation etc.

An application for payment of Wages for service compensation etc., by or on behalf of an employee or group of employees shall be made in duplicate in Form XVI or Form XVII as the case may be, one copy of which shall bear court fee prescribed in Rule 27.

Rule 24 Authorisation

The authorisation to act on behalf of an employee, employee employer under Section 51 or Section 52 of the Act shall be given in Form XVIII by an instrument which shall be presented to the Authority hearing the application and shall form part of the record.

Rule 25 Procedure for dealing with application for recovery of wages of service compensation

(1) Any other person desiring to act on behalf of any employee shall present to the Authority under Section 50 of the Act a brief written statement explaining his interest in the matter and praying for permission so to act, and the Authority shall record thereon an order specifying, in the case of a refusal to grant the permission prayed for, the reasons for such refusal shall be furnished.

(2) Applications under Rule 23 above or other documents relevant to such applications shall be presented either in person to the Appellate Authority appointed under Section 50 of the Act or shall be sent to the Appellate Authority by registered post, acknowledgement due and the Authority shall at once endorse or cause to be endorsed on such application or other document the date of presentation of receipt thereof, as the case may be.

(3) On receipt of an application under Rule 23 above the Appellate Authority shall issue a notice in Form XIX calling upon the applicant as well as the employer, as the case may be, to appear before him on a specified date together with all relevant documents and witnesses, if any.

(4) If the employer fails to appear on the specified date, the authority may proceed to hear and determine the application exparte.

(5) If the applicant fails to appear on the two successive specified dates, the authority may dismiss the application:-

Provided that an order passed under sub rule (4) or sub rule (5) above may be set aside on sufficient cause being shown by the defaulting party within one month of the date of the said order and the application shall then be reheard after service of notice on the opposite party of the date fixed for rehearing in the manner specified in sub rule (3).

(6) The Authority dealing with the applications under Section 51 of the Act shall maintain a register in Form XX.

(7) The Authority dealing with the appeals under sub section (1) of Section 53 of the Act shall follow the same procedure as prescribed for the authority under Section 50 of the Act in dealing with the appeals. He shall maintain a register in Form XXI.

Rule 26 Costs

(1) Where the Authority appointed under Section 48 or Section 50 of the Act, as the case may be, directs that any cost shall not follow the event, the reasons for the directions shall be, recorded in writing by such Authority.

(2) The costs which may be awarded shall include: -

(i) Expenses incurred on account of Court Fee,

(ii) Expenses incurred on a subsistence money to witnesses, and

(iii) Pleader s fee to the extent of ten rupees provided that the Authority in any proceedings may reduce the fees to a sum not less than five rupees or, for reasons to be recorded in writing, increase it to a sum not exceeding thirty rupees.

(3) Where there are more than one pleader or more than one applicant or opponents the Authority may, subject to the conditions as aforesaid, award to the successful party or parties such costs as it may deem proper.

(4) The fee payable for obtaining the copies of the document filed with the Authority shall be as prescribed in Andhra Pradesh Court Fees and Suits Valuation Act:-

Provided that such Authority may in consideration of the poverty of the applicant grant copies free of cost.

Rule 27 Court Fees

The Court fee payable in respect of proceedings shall be as prescribed in Schedule III.

Rule 28 Duties of Inspectors

(1) The Inspector shall make such inspection as may appear to him to be necessary for the purpose of satisfying himself that the provisions of the Act and of the Rules and any orders issued by the Government under the Act are duly observed. In particular, he shall satisfy himself

(i) that the establishments are duly registered under the Act;

(ii) that the registers, records and notices required to be maintained or displayed under the Act or rules properly maintained or displayed;

(iii) that the intervals of rest and holidays required to be granted or observed under the Act or granted or observed and that the limit of hours of work and spread over laid down under the Act are not exceeded.

(iv) that the provisions of the Act and any orders issued by Government regarding the opening and closing hours are duly observed;

(v) that every employee in an establishment is furnished with a letter of appointment;

(vi) that the provisions of the Act and rules regarding leave, holidays with wages and maternity benefit are properly observed;

(vii) that the provisions of the Act and rules relating to cleanliness, ventilation, precautions against fire and safety of employees are properly observed;

(viii) that the provisions of the Act relating to the payment of overtime work are duly observed; and

(ix) that no child is allowed to work in any establishment.

(2) For carrying out such inspection, the Inspector may interrogate such persons in the premises, as he may deem necessary:-

Provided that no such person shall be required under this rule, to answer any question, the answer which might tend to incriminate him.

Rule 29 Maintenance of registers and records and display of notices:- Every employer shall maintain registers and records and display notices in the following manner

(1) Every employer shall maintain a Register of Employment in Form XXII.

(2) Every employer shall maintain a Register of Wages in Form XXIII.

(3) Every employer of an establishment other than a shop shall exhibit in his establishment a notice in Form XXIV specifying the day or days of the week on which his employees shall be given a holiday. The notice shall be exhibited, before the employees to whom it relates immediately preceding the first week during which it is to have effect.

(4) Every employer shall exhibit in his establishment a notice containing such abstracts of the Act and Rules as the Government may direct.

(5) Any notice required to be exhibited under these Rules shall be exhibited in such manner that it can be readily seen and read by any person whom it affects and shall be renewed whenever becomes defaced or otherwise cease to be clearly legible.

(6) Every employer shall maintain a Register in Form XXV for the leave granted to persons employed in his establishment.

(7) In any Register or record which an employer is required to maintain under these rules, the entries relating to any day, shall be made on such date and shall be authenticated under the signature of the employer or the Manager on the same day. The entries relating to overtime work shall be made before the commencement and immediately after completion of such overtime work.

(8) the registers, records and notices relating to any calendar year shall be preserved for a period of three years after the last entry is made therein.

(9) Save as otherwise provided in sub rule (4) above, all registers, records and notices required to be maintained and exhibited shall be either in English or in the language of the majority of the employees in the establishment.

(10)

(a) Every employer shall maintain a Visit Book in which an Inspector visiting the establishment may record his remarks regarding any defects that may come to light at the time of his visit to give directions regarding production of any documents required to be maintained or produced under the provisions of the Act and the Rules.

(b) The Visit Book shall be a bound book more or less of size (18 Cms. x 15 Cms.) containing atleast 100 pages.

(c) The first page of the Visit Book shall contain the following particulars : -

(i) Name of the Shop or Establishment;

(ii) Address;

(iii) Registration Number;

(iv) Name of the Employer;

(v) Father s Name;

(vi) Residential Address.

(d) In case the Visit Book containing remarks passed by the Inspectors lost, destroyed or defaced, the employer of the establishment shall report the fact forthwith in writing to the Inspector of the area and immediately arrange to maintain a new Visit Book.

(e) The Visit Book shall be kept always in the business premises of the Establishment and shall be produced or caused to be produced on demand by the Inspector.

(11) Where an office, store room, godown, warehouse or workplace used in connection with trade and business of a shop is situated at premises other than the premises of the shop, all registers, records, Visit Book and notices required to be maintained, exhibited or given under the Act and the Rules shall be separately so maintained, exhibited or given in respect of and at such office, store room, godown, warehouse or workplace.

(12) No employer with intent to deceive shall make or cause or allow to be made, in any register, record or notice prescribed to be maintained under the provisions of the Act or the Rules, an entry which is false in any material particular, or wilfully omits or causes or allows to be omitted from any such register, record or notice, an entry which is required to be made therein, under the provisions of the Act and Rules, or maintain or cause or allow to be maintained, more than one set of any register, record of notice.

(13) The name board of every shop or establishment shall be in Telugu and wherever other languages are used, the versions in such other languages shall be below the Telugu version.

Rule 30 Letter of Appointment

Every employer shall furnish to all employees with the Letters of Appointment, with the photograph of the employee in Form XXVI affixed thereon and obtain acknowledgement in token of having served the said letter. He shall prepare the Letter of Appointment in triplicate, issue the original copy to the employee, retain the duplicate copy with him and the triplicate copy shall be handed over to the Inspector of the area concerned.

Rule 31 Admissibility of Forms other than prescribed in the Rules

If on an application made by an employer or Manager in writing, the Deputy Commissioner of Labour of the area concerned is satisfied that any muster roll, Register or record maintained by the employer or Manager gives in respect of all or any of the employees in his establishment the particulars required to be shown in any register, record or notice prescribed under these rules, the Deputy Commissioner of Labour of the area concerned may by order in writing direct that such muster roll, register or record shall, to the corresponding extent be maintained in place of such register, record or notice prescribed under this rule, as the case may be:-

Provided that no wages register need be maintained where a wage register under the A.P. Minimum Wages Rules, 1960 is maintained.

Rule 32 Period of supplying information required by Inspector

Any information or document required by the Inspector for carrying out the purposes of the Act and the Rules shall be furnished to him by the employer of an establishment within fifteen days from the date of receipt of such requisition by the employer:-

Provided that the Inspector can extend such period as is necessary and in no case exceeding three months, for valid reasons on application by the employer.

Rule 33 Periodical returns

Every employer having ten or more employees shall send a return in Form XXVII for months ending March, June, September and December of every year so as to reach the Inspector within whose jurisdiction the establishment is situated not later than 10th day of the month following the month to which the return relates.

Rule 34 Penalty

Any employer who contravenes any of the provisions of these rules shall, on conviction, be punished with a fine which may extend to fifty rupees. For a second offence with fine which shall not be less than one hundred rupees but which may extend to two hundred rupees and for the third or subsequent offences, with a fine which shall not be less than two hundred and fifty rupees but which may extend to rupees five hundred.

Rule 35 Repeal and savings

The Andhra Pradesh Shops and Establishments Rules, 1968 are hereby repealed:-

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules;

Provided further that any proceedings relating to the trial of any offence punishable under the provisions of the rules so repealed shall be continued and completed as if the said Rules had not been repealed but had continued in operation and any penalty imposed on such proceedings shall be recovered under the rules so repealed.

APPENDIX 1 Statement

FORM

FORM - 1

( See Rule 3 )

Statement

1. Classification of Establishments1. Proprietor firm ..2. Partnership Firm ..3. Private Ltd. Company ..4. Public Ltd. Company 2. Category of Establishment..1. Shop ..//..2. Commercial Establishment 3. Hotel, Restaurant, Catering House, Lodging and Café 4. Theatres, Cinema and other places of Public amusement 3. Name of Shop Establishment 4. Address ..Door No. ..Locality ..Village/Town ..District Pin Code .1.2. .3. 5. Location of Office, Godown Ware-..Door No. House or work place attached toLocality The Shop Establishment but Situated out side the premises of it 6. Employer, Managing Partner or..Name Managing Director as the case.Father's name May be..Designation 7. Residential address of the employerDoor No. ..Locality .Village/Town 8. Manager Agent if any (with residential Name Address) ..Father's Name ....Designation ....Door No. ..Locality ..Village/Town 9. Nature of business 10. Date of commencement of business.Date.Month.Year 11. Name of family members of employer'sRelationship.AdultsYoung ..Family engaged in Shop Establishment.....Persons ..Male ..Female ..Total 12. Total No. of Employees: ..Adults..Young Persons ..Male ..Female ..Total 13. Name of Employees .. (i) In a managerial capacity .. (ii) As sweeper, caretaker and .. ...travelling staff .. (iii) As persons employed for .. ...Loading and unloading of .. ...Godowns .. (iv) Others

14. Details of remittances of the fees

Name of the Treasury Challan No. Date Amount of fee paid (1) (2) (3) (4)

I hereby declare that the above information is true to the best of my knowledge and belief.

Signature of the employer.

APPENDIX 2 Certificate of Registration

FORM

FORM 2

[ See Rule 3(3) ]

Certificate of Registration

The Andhra Pradesh Shops and Establishments Act, 1988

Registration Certificate of Establishment

1. Registration Number

2. Name of the establishment

3. Postal address of establishment

4. Name of the employer

5. Nature of business

6. Number of employees

It is hereby certified that the .. has been registered as .. under the Andhra Pradesh Shops and Establishments Act, 1988 this .. day of .. 19 .

Seal.

Signature of Inspector.

APPENDIX 3 Application for Renewal

FORM

FORM 3

[ See Rule 3(4) ]

Application for Renewal

1. Name of the Shop Establishment

2. Previous Registration Certificate No. and Date

3. Year for which renewal is required along with

 (i) Challan No. with date

 (ii) Amount paid through the Challan

 Full Name of the employer, including Father's name

5. Full name of the Manager, if any, including Father's name

6. Change in the name of partners, if any

7. Change in the postal address and Door No. if any, of the Shop/Establishment

8. Total number of employees

I hereby declare that the above information is true to the best of my knowledge and belief.

Signature of the employer Manager.

APPENDIX 4 Renewal of Certificate of Registration

FORM

FORM 4

[ See Rule 3(6) ]

Renewal of Certificate of Registration

It is certified that the Registration Certificate number of .. (name of the Establishment) .. has been renewered under the Andhra Pradesh Shops and Establishments Act, 1988 for the period from to

Signature of the Inspector.

APPENDIX 5 Register of Establishments

FORM

FORM - 5

[ See Rule 3(2) ]

Register of Establishments

Part - I - Shops

Part - II - Commercial Establishments

Part - III - Residential Hotels, Restaurants, Eating Houses, Lodging Houses and cafes

Part - IV - Theatres, Cinemas and other Places of Public entertainment or amusements

Serial Number Registration Certificate No. and Date, of Registration Name of Establishment Name of the Employer with residential Address Name of partners and their residential Addresses Name of the Manager, if any, with residential Address Postal Address and exact location of the Establishment Exact location of office, storerooms godowns, warehouse or work place, if any attached to the establishment, but situated in premises different from those of the establishment Nature of business Date of commencement of business Number of members of employer s Family who are not "employees" within the meaning of Section 2(8) Number of other persons occupying position of management No. of other persons employed such astravelling staff, etc. Total number of employees Date of inspection Date of renewal Fees paid (ChallanNo. and Date) Remarks Adult men Women Young Persons Adult men Women Young Persons (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22)

APPENDIX 6 FORM 6

FORM

FORM - 6

[ See Rule 5 ]

Notice of Loss of Registration Certificate and Application for Issue of Duplicate Certificate

Name of the Establishment :

Address :

Registration No. :

To

The Inspector,

Sir,

This is to inform you that the Registration Certificate of this establishment has been lost destroyed defaced.

Pleade issue a duplicate Certificate.

Challan No. Date for Rs. is enclosed herewith.

Date :

Your's faithfully,

(Signature of employer)

APPENDIX 7 Notice of Change

FORM

FORM - 7

[ See Rule 6 ]

Notice of Change

Name of the Establishment already registered :

Name of the Employer :

Registration Certificate Number :

Address .day of 19

Dated the

To

The Inspector,

Notice is hereby given the following change has taken place in respect of information forwarded to you in Form A which please note.

The Registration Certificate and Challan No. Dated for Rs. is enclosed.

Signature of Employer.

APPENDIX 8 Register of Appeals

FORM

FORM - 8

[ See Rules 8(5) ]

Register of Appeals

Sl.No. Name &address of theapplicant Date ofappeal Date ofPresentation of appeals Date ofhearing Date offinal order Whetherallowedor rejected (1) (2) (3) (4) (5) (6) (7)

APPENDIX 9 Certificate of Age

FORM [ See Rule 9 ]

FORM - 9

[ See Rule 9 ]

Certificate of Age

I hereby certify that I have personally examined (Name) Son Daughter of residing at and that he she has completed his her fourteenth eighteenth year of age.

Description marks are :-

1.

2.

Medical Practitioner.

Signture or thumb impression of employee.

APPENDIX 10 Register of Fines

FORM

[See Rule 17(3)(a)]

FORM - 10

[ See Rule 17(3)(a) ]

Register of Fines

Name of the Establishment

Sl.No. Name oftheEmployee Father's nameor Husband's name Act ofCommission forwhich fineimposed Whether workmenshowed causeagainst fineor not, andif so, dateon which causewas shown Total wagesfor the wageperiod in whichthe fine imposed Amount offine Date onwhich fineimposed Date on whichfine realised Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

APPENDIX 11 FORM 11

FORM

[ See Rule 17 (4) ]

FORM - 11

[ See Rule 17 (4) ]

Register of Deductions for the Damage or Loss Caused to the Employer by the Neglect or Default of Employees

Name of th Establishment :

Sl.No. Name oftheEmployee Father's orHusband'sname Damageor losscaused Whether workershowed cause againstdeduction ornot and if so,date on whichcause was shown Amount ofdeductionimposed Date on whichdeductionimposed No. ofinstalments if any Date on whichtotal amountrealised Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

APPENDIX 12 Register of advances of wages

FORM

[ See Rule 18(4)]

FORM - 12

[ See Rule 18(4)]

Register of advances of wages

Name of the Establishment :

Sl.No. Name of theEmployee Father's orHusband's name Amount ofadvance given Date on whichadvance was given Purpose (s) forwhich advance was given No. of instalmentsby which advancehas to berecovered Postponementgranted Date onwhich total amount isrecovered Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

APPENDIX 13 Register of Appeals

FORM

[ See Rule 21(2) ]

FORM - 13

[ See Rule 21(2) ]

Register of Appeals

Sl. No. Date of receipt of the appeal Effective date of termination Name and address of the appellant Name and address of the opposite party Dates of hearing Date of the final order Summary of the final order (1) (2) (3) (4) (5) (6) (7) (8)

APPENDIX 14 Letter of Authorisation

FORM

[ See Rule 22 ]

FORM - 14

[ See Rule 22 ]

Letter of Authorisation

In the court of the Authority Appointed under Section 48 of Andhra Pradesh Shops and Establishments Act, 1988.

Application No. of 19

1.

2.

3.

Applicant (s)

 Versus

Opponent (s)

1.

2.

3.

I/We hereby authorise Sri an official of the Registered Trade Union Employer Association of legal practitioner to appear and act on my our behalf on the above described proceedings and to do all things incidental to such appearing at action.

Signature or thumb impression of

.Employee (s) Employer (s).

Witness:

1.

2.

I accept the authorisation.

Signature :

APPENDIX 15 Register of Second Appeals

FORM[ See Rule 21 (3) ]

FORM - 15

[ See Rule 21 (3) ]

Register of Second Appeals

Sl.No. Date ofreceipt of the Appeal Date of the order of the lower authority Date of communication Name and address of the appellant Name and address of the opposite party Amount deposited if any Date of hearing Date of final order Summary of the final order (1) (2) (3) (4) (5) (6) (7) (8) (9)

APPENDIX 16 Application for Payment of Wages Etc.

FORM

[ See Rule 23 ]

FORM - 16

[ See Rule 23 ]

Application for Payment of Wages Etc.

In the Court of the Authority Appointed under Section 50 of the A.P. Shops and Establishments Act, 1988.

Application Noof 19

Designation of Applicant

Between A.B.C.

(through Sri a legal practitioner or an official of

which is registered trade union.

And

XYZ

The applicant (s) state (s) as follows : Opposite Party.

1. A.B.C. is a are person (s) employed in Establishment entitled and reside (s) at

The address (es) of the applicant (s) for the service of all notices and processes is/(are)

2. X, Y, Z, the Opposite Party is the person responsible for the payment of his (their) wages under the Act, and his (their) address for the service of all notices and processes is :

3. (a) The wages of applicant (s) have been paid for the following wage-period (s) (give date) or sum of Rs. has been unlawfully deducted from his wages of (amount) for the wage period (s) which ended on (give date dates).

(b) (or give any or compensation).

4. The applicant (s) estimate (s) the value of the relief sought by him (them) :

at the sum of Rupees

5. The applicant (s) pray (s) that a direction may be issued under the said Act for :

(a) Payment of his (their) delayed wages or Service Compensation as estimated for such greater or lesser amount as authority may find to be due or refund of the amount illegally deducted.

Compensation amounting to

The applicant (s) certify (ies) that the statement of facts contained in this application is true to the best of his knowledge and belief.

Signature of Thumb Impression of the employee (s)

..or legal practitioner or official of a registered

Trade Union duly authorised.

Date :

APPENDIX 17 FORM 17

FORM

[ See Rule 23 ]

FORM - 17

[ See Rule 23 ]

Form of application by an inspector or person permitted by the Authority or Authorised to Act

In the Court of the Authority appointed under Section 50

of the Andhra Pradesh Shops and Establishments Act, 1988

Application No. of 19

Between :

ABC (Designation) (An Inspector under the Shops and Establishments Act, 1988 or a person permitted by the Authority authorised to act under Section 51).

...... Applicant

 And

XYZ.... The Opposite Party

The applicant states as follows :

1. X Y Z the Opposite Party, is the person responsible under the Act for the payment of Wages to the following person (s).

(1)

(2)

(3)

(4)

(5)

2. His address for the service of all notices and processes is :

3. The wages of the said person (s) due in respect of the following wages period (s) have not been paid have been subjected to the following illegal deductions :

4. The applicant estimates the value of the relief sought for the employee (s) at the sum of Rs.

5. The applicant prays that a direction may be issued under the said Act for.

6. (a) Payment of the delayed wages (or gratuity) as estimated or such greater or lesser amount as the authority may find to be due.

OR

Refund of the amount illegally deducted

(b) Compensation amounting to ;

The applicant certifies that the statement of facts contained in this application is true to the best of his knowledge and belief.

Date :

Signature.

APPENDIX 18 Letter of Authorisation

FORM

[ See Rule 24 ]

FORM - 18

[ See Rule 24 ]

Letter of Authorisation

In the Court of the Authority appointed under Section 50 of the Andhra Pradesh Shops and Establishments Act,1988

Application No. of 19

1.

2.

3.

..... Applicant (s)

 Versus

1.

2.

3.

.... Opponent (s)

I/We hereby authorise Sri a legal practitioner an official of the Registered Trade Union of to appear and act on my our behalf in the above described proceedings and to do all things incidental to such appearing and acting.

Signature or Thumb impression

.of Employees.

Witness :

1.

2.

I accept the authorisation.

Signature :

Address :

APPENDIX 19 Notice for the Disposal of Application

FORM[ See sub rule (3) of Rule 25(3) ]

FORM - 19

[ See sub rule (3) of Rule 25(3) ]

Notice for the Disposal of Application

To

Whereas under the Andhra Pradesh Shops and Establishments Act, 1988 (Act No. 20 of 1988) a claim has been presented to me by against you by an application, you are hereby called upon to appear before me either personally or through a person duly authorised in this behalf, for the purpose of answering all material questions relating to the application on the day of 19 at O clock in the fore afternoon in support of to answer the claim and as the day fixed for your apperance is appointed for final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to rely in support of your claim/defence.

Take notice that in default of your appearance on the day before mentioned, the application will be dismissed heard and determined in your absence.

Given under hand and seal, this day of 19

Signature of Authority.

APPENDIX 20 Register of Applications

FORM[ See Rule 25(6) ]

FORM - 20

[ See Rule 25(6) ]

Register of Applications

Sl. No. Date of receipt of application Date on which the deduction fromwages payment of wages service compensation was due Name and address of the application Name andaddress of the opposite party Amountclaimed Date of hearing Date of final order Amount awarded (1) (2) (3) (4) (5) (6) (7) (8) (9)

APPENDIX 21 Register of Appeals

FORM [ See Rule 25(7) ]

FORM - 21

[ See Rule 25(7) ]

Register of Appeals

Sl.No. Date of receiptof application Date of serviceof the orderunder Section 51 Name and addressof the appellant Name and addressof the oppositeparty Date of hearing Date of finalorder Summary of thefinal order (1) (2) (3) (4) (5) (6) (7) (8)

APPENDIX 22 Register of Employment

FORM[ See Rule 29(1) ]

FORM -22

[ See Rule 29(1) ]

Register of Employment

Name of the Establishment Shop for the month of 19

Address

Registration No.

Sl.No. Name oftheemployee Sex Age Days ofmonths Date on whichovertime isdone and extentof suchovertime work in each day Remarks (1) (2) (3) (4) (5) (6) (7) Time atwhich employment commences Time atwhich employmentceases RestInterval Date (a) From(b) To(c) Extent(d) (a) (b) (c)

APPENDIX 23 Register of wages

FORM[ See Rule 29 (2) ]

FORM - 23

[ See Rule 29 (2) ]

Register of wages

Name of the Establishment/ShopWage Period

Address : from .. to ..

Registration No. ....

Name of theemployee Date of appointment Rate ofWages Normal Wagesearned Wagesearned Wages earnedfor overtime work Gross wagepayable Deductionsif any and reasonsthereof Actual Wagespaid Date of payment Signature orthumb impressionof the employee Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

APPENDIX 24 Notice of Weekly Holiday

FORM[ See Rule 29(3) ]

FORM - 24

[ See Rule 29(3) ]

Notice of Weekly Holiday

The person employed in this .... (name of Establishment). Establishment shop shall be given a Holiday on the day below in the week following the date of this notice and until further notices.

Sl.No. Name of theemployees Day on which holiday is allowed Remarks (1) (2) (3) (4)

Signature of the Employer.

APPENDIX 25 Register of Leave

FORM[ See Rule 29(6) ]

FORM - 25

[ See Rule 29(6) ]

Register of Leave

Name of the establishment shop : ..Name of the employee :

Address : ........Father's Husband's Name :

Registration No. .....Date of appointment :

LEAVE WITH WAGES

Date of application Applied No. ofdays No. of daysto which theemployee isentitled Leave granted Balance If refused, in part or full Reasons Signature of From To From To No. of days From To No. of days Employee Employer (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15)

Sick leave (same as the statement for leave with wages).

Casual leave (same as the statement for leave with wages).

APPENDIX 26 Letter of Appointment

FORM[ See Rule 30 ]

FORM - 26

[ See Rule 30 ]

Letter of Appointment

Name and address of the establishment :

Name and address of the employer :

Registration No. :.Pass port size photo of

..the employee duly

..attested by the employer

Sri/Srimathi/Kumari :

Son/Wife/Daughter of :

Aged Date of birth is appointed as (describe here the nature of appointment) in this Establishment with effect from in the scale of pay Rs.

2. His her scale of pay rate of increment in wages (insert the period) shall be

3. He she will draw a total per day week month composed of the following, namely :-

(i) Basic pay

(ii) Dearness Allowance

(iii) Other Allowances

Signature of the applicant

To

Sri/Smt./Kumari

(here enter full address of the employee).

Copy to :- The Inspector for record.

APPENDIX 27 Return for the month of March June September December

FORM( See Rule 33 )

FORM - 27

( See Rule 33 )

Return for the month of March June September December

1. Name and address of the Establishment :

2. Name and address of the Employer :

3. Category of Establishment :

4. Number of days worked during the month :

5. Normal working hours :

6. Rest intervals : Hours :

7. No. of employees and their earnings :

Men, Women andyoung persons No. in employmentat the end of themonth No. of Mandaysworked duringthe month Emoluments Paid in Cashbefore deduction Money value ofconcession in kind Ex-gratia inCash payment Contributionby employer to social Security funds No. of unpaidhelpers (1) (2) (3) (4) (5) (6) (7) (8)

Whether the establishment is a (i) shop (ii) Commercial establishment (iii) Restaurant, eatinghouse or hotel (iv) theatre or a place of public entertainment or (v) other type should be mentioned here.

To

The Inspector,

SCHEDULE 1 SCHEDULE 1

SCHEDULESCHEDULE - 1

(See Rule 3)

The Statement in Form I or an application in Form II shall be sent to the Inspector together with the fees specified in the schedule foran year

Sl.No.

 Category of Establishments

 Registration and Renewal fee

(1)

 (2)

 (3)

 Rs. P.

1.

 Shops & Establishments employing no persons

 10-00

2.

 Shops/Establishments employing 1 to 5 persons

 50-00

3.

 Shops/Establishments employing 6 to 9 persons

 100-00

4.

 Shops/Establishments Employing more than 10 but less than 19 persons

 100-00

5.

 Shops Establishments Employing 20 and above but less than 49 persons

 500-00

6.

 Shops Establishments employing 50 persons and above

 1,000-00

SCHEDULE 2 SCHEDULE 2

SCHEDULESCHEDULE - 2

[See Rules 5 and 6]

Sl.No.

 Category of Establishment

 Fees

(1)

 (2)

 (3)

 Fee for Notice of change

 Rs. P.

1.

 Establishment having no employees

 2-00

2.

 Establishment having employees

 5-00

Fee for issue of duplicate certificate of Registration

1.

 Establishment having no employees

 5-00

2.

 Establishment having employees

 10-00

SCHEDULE 3 SCHEDULE 3

SCHEDULE(See Rule - 27) SCHEDULE - 3

(See Rule - 27)

The Court fee payable under the provisions of the Andhra Pradesh Shops and Establishments Act, 1988 and the rules made thereunder shall be as prescribed below.