ANDHRA PRADESH (ISSUANCE OF INTEGRATED REGISTRATION AND FURNISHING OF COMBINED RETURNS UNDER VARIOUS LABOUR LAWS BY CERTAIN ESTABLISHMENTS) ACT, 2015
(Act No. 10 of 2015)
LEGISLATIVE HISTORY 6
Amended by Act No. 18 of 2017
[Dated 20.04.2015]
An Act to Provide for Issuance of Integrated Registration and Furnishing of Combined Returns Under Certain Labour Laws By Certain Establishments in The State of Andhra Pradesh.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixty-sixth Year of the Republic of India, as follows:
1. Short title, extent and commencement. - (1) This Act may be called the Andhra Pradesh (Issuance of Integrated Registration and Furnishing of Combined Returns under various Labour Laws by certain Establishments) Act, 2015;
(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 in the Andhra Pradesh Gazette, appoint and different dates may be appointed for different provisions.
2. Definitions. - In this Act, unless the context otherwise requires -
(a) "employer", in relation to the concerned Scheduled Act, means the person who is required to obtain Registration and furnish Returns under that Act;
(b) "Commissioner of Labour" means the Head of the Office of the Commissioner of Labour;
(c) "establishment" has the meaning assigned to it in the concerned Scheduled Act;
(d) "Form" means the forms specified in the Second Schedule;
(e) "Government" means the State Government;
(f) "notification" means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly;
(g) "Scheduled Act" means an Act specified in the First Schedule;
(h) "State" means the State Government of Andhra Pradesh;
(i) "Rules" means the rules framed under the Scheduled Acts.
3. Effect of laws specified in Schedule-I. - On and from the commencement of this Act, the Act at Sl.No.1 of the First Schedule and the Andhra Pradesh Rules made under the Central Acts specified in the First Schedule shall have effect subject to the provisions of this Act.
4. Application for integrated registration under the Scheduled Acts and filling of combined. - (1) On and from the commencement of this Act, an employer, in relation to an establishment to which the Scheduled Acts apply shall apply for integrated registration online under the First Schedule Acts in Form-A of the Second Schedule.
(2) The Registration Certificate in Form-C shall be issued instantaneously subject to verification after issuance.
(3) Manual issuance of Registration Certificate shall be prohibited from the date to be notified by the Commissioner of Labour.
(4) The validity of the Registration shall be upto 31st March of the third year from the date of issue. The Registration, wherever requires renewal under the Scheduled Acts, shall be renewed for a further period of three years within 31 days before the expiry of the Registration.
(5) The Fee payable for issuance of the Integrated Registration shall be as notified by the Commissioner of Labour.
(6) An employer in relation to an establishment to which the Scheduled Acts apply, shall submit Combined Return on Form-B of the Second Schedule.
(7) The relevant provisions of the State Act and the Andhra Pradesh Rules made under the respective Central Acts in the First Schedule shall be deemed to have been amended to that extent.
5. Savings. - The commencement of this Act shall not affect -
(1) the previous operation of any provision of any Scheduled Act or the validity. Invalidity, effect or consequence of anything done or suffered under that provision, before the relevant period.
(2) any right, privilege, obligation or liability already acquired, accrued or incurred under any Scheduled Act, before the relevant period;
(3) any penalty, forfeiture or punishment incurred or inflicted in respect of any offence committed under any Scheduled Act, before the relevant period.
(4) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment aforesaid and any such investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment shall be instituted, continued or disposed of, as the case may be, in accordance with that Scheduled Act.
Explanation. - For the purpose of this section, the expression "relevant period" means the period during which an establishment is or was covered under this Act.
6. Power to amend Forms. - The Government may, if it is of opinion that it is expedient so to do, by notification in the official Gazette, amend any Form and thereupon such Form shall, subject to the provisions of this Act shall be deemed to have been amended accordingly.
7. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the Government may, by notification remove difficulties by orders not inconsistent with the provisions of this Act, but which appear to them to be necessary or expedient to remove such difficulty.
8. Power to give directions. - For the purpose of giving effect to the provisions of this Act, it shall be competent for the Government to issue such directions as they deem fit to the officers, and authorities subordinate to them and also to any local authority and it shall be the duty of such officers, authorities and local authorities to comply with such directions.
9. Power to amend Schedules. - (1) The Government may, by notification, alter, add to or cancel any of the schedules;
(2) Where a notification has been issued under sub-section (1), there shall, unless the notification is in the meantime rescinded, be introduced in the Legislature of the State, as soon as may be but in any case during the next session of the Legislature of the State following the date of the issue of the notification, a Bill on behalf of the Government, to give effect to the alteration, addition or cancellation, as the case may be, of the Schedule specified in the notification, and the notification shall cease to have effect when such Bill becomes law, whether with or without modifications, but without prejudice to the validity of anything previously done thereunder;
Provided that if the notification under sub-section (1) is issued when Legislature of the State is in session, such a Bill shall be introduced in the Legislature of the State during that session:
Provided further that where for any reason a Bill as aforesaid does not become law within six months from the date of its introduction in the Legislature of the State, the notification shall cease to have effect on the expiration of the said period of six months.
First Schedule
[See section 2(c),(g) and (i)]
(1) The Andhra Pradesh Shops and Establishments Act, 1988 (Act No.20 of 1988) and the Andhra Pradesh Shops and Establishments Rules, 1990 framed thereunder;
(2) The Motor Transport Workers Act, 1961 (Central Act 27 of 1961) and the Andhra Pradesh Motor Transport Workers Rules, 1963 framed thereunder;
(3) The Contract Labour (Regulation and Abolition) Act, 1970 (Central Act No.37 of 1970) and the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971 framed thereunder;
(4) The Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act No.30 of 1979) and the Andhra Pradesh Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1982 framed thereunder;
(5) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Central Act No.27 of 1996) and the Andhra Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 1999 framed thereunder;
(6) Payment of Gratuity Act, 1972 (Central Act No.39 of 1972) and the Andhra Pradesh Compulsory Gratuity Insurance Rules, 2011 framed thereunder.
[(7) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and Andhra Pradesh Beedi & Cigar Workers (Conditions of Employment) Rules, 1968,
(8) The Minimum Wages Act, 1948 and Andhra Pradesh Minimum Wages Rules, 1960;
(9) The Plantation Labour Act, 1951,
(10) The Maternity Benefit Act, 1961,
(11) The Andhra Pradesh Labour Welfare Fund Act, 1987 and Andhra Pradesh Labour Welfare Fund Rules, 1988;
(12) The Payment of Bonus Act, 1965,
(13) The Child Labour (Prohibition and Regulation) Act, 1986 and Andhra Pradesh Child Labour (Prohibition and Regulation) Rules, 1995;
(14) The Trade Unions Act, 1926 and Andhra Pradesh Trade Union Regulations,1927.]
[Second Schedule]
[See Sections 2(d) and 4]
[Form A [section 4(1)], Form B [section 4(6)] and Form C [section 4(2)]
Form - A
Application For Integrated Registration of Establishment Under Labour Laws
Registration/License Required Under (Specify the Act with tick mark)
1
A.P. Shops & Establishments Act, 1988
2
Motor Transport Workers Act, 1966
3
Contract Labour (R&A) Act, 1970 (Principal employer Establishment & Contractor Establishment)
4
Inter State Migrant Workmen (RE&CS) Act, 1979 (Principal employer Establishment & contractor Establishment)
5
Building and Other Construction Workers (RE&CS) Act, 1996
6
Payment of Gratuity Act, 1972
7
Beedi & Cigar Workers (COE) Act, 1966
Establishment Details
1
Name of the Establishment
2
Classification of Establishment (Proprietor firm, Partnership firm, Pvt. Ltd, Public Ltd, Cooperative, Society etc.)
3
Category of Establishment [Shop, Establishment, Commercial Establishment Motor Transport undertaking, Building or other construction Establishment, Contract Labour (Prl. Employer / Contractor) Establishment]
4
Address of establishment
5
Nature of Business/work/construction activity
6
Date of commencement of business/work/construction/activity
7
Date of completion of work/construction/activity (if applicable)
8
Date of agreement
9
No .of transport vehicles
10
Whether Form-V/Form-VI issued by Principal Employer
11
Agreement No/Plan approval No.
12
Date of agreement/Plan approval
13
Estimated cost of construction & other Details (in case of building or other construction work)
14
Details of contractors (Contract Labour Act/Inter State Migrant Workmen Act)
15
Details of contract works ( Contract Labour Act/Inter State Migrant Work men Act)
16
Total No. of Workers
17
Details of workers
Regular
Casual/ Badilli
In case of beedi or cigar est.
Male
Female
Male
Female
Industrial premises workers
Home workers
Male
Female
Male
Female
18
Workers employed in shops & Esstts.
19
Motor Transport Workers
20
Building & other construction workers
21
Contract workers
22
Inter State Migrant Workers
23
Beedi & Cigar workers
24
Factory workers
25
Any other Category workers (specify the category
Employer Details (Enclose Passport size photo)
26
Employer Name
27
Designation
28
Father/husband Name
29
Contact details
Applicants Details
30
Applicant Name
31
Designation
32
Father/husband name
33
Contact details
Declaration
34
I/we hereby declare that i/we have compiled with all relevant provisions of the Labour Acts applicable to the establishment. In case the information furnished above is found to be false, misrepresented or suppressed and material information or evaded to furnish the information, I/we are liable for prosecution as per law besides cancellation of the registration/license
Date
Signature of the Employer
Place
Name & Designation of the Employer
Form-B
Combined Return Under Labour Laws
As on 31st March, 20
Second Schedule
(See section 2 (d) and section 4 (6))
Annual Return for the Year Ending 31st March
1.
Establishment Registration /License No.(LIN)
2.
Establishment Name
3.
Address
4.
Establishment details
5.
Classification of Establishment
6.
Employer details
7.
Establishment category
8.
Nature of work/ activity/business/industry of the Establishment
9.
Total. No. of Workers (furnish details in Annexure-1)
10
Details of payment of wages (furnish details in Annexure-2)
11
No. of the workers allowed to work overtime in the year
12
Amount of over time wages paid in the year
13
No.of workers covered under EDF
14
No. of workers covered under ESI
15
Details of Gratuity
16
Details of Bonus paid
17
Details of Employees Compensation paid
18
Leave eligibility
19
Details of payment of maternity benefit
20
Details of weekly off & other holidays allowed
21
Details of Welfare fund contribution
22
Details of settlements/Strikes/Lock-outs/Lay-offs/ Retrenchments closures etc.
23
Whether Works Committee constituted
24
Details of Trade Union existing in the establishment/industry
25
Details of contractors under Contract Labour Act
26
Details of contractors under Inter State Migrant Workmen Act
27
Whether muster roll, wages register etc, maintained
28
Whether appointment letters/Identity cards issued
29
Details of building or other construction work
30
Note:- Combined Annual Return for the ending 31 March shall be furnished online before 30th June of the following year
Declaration
I/we hereby declare that /we have complied with all relevant provisions of the Labour Act applicable to the establishment. In the case the information furnished above is found to be false, misrepresented or suppressed any material information or evaded to furnish the information, I/we are liable for prosecution as per law besides cancellation of the registration /license granted.
Signature of the Employer
Date
Place
Name & Designation of the Employer
Annexure-I
Statement Showing Category Wise Details of Workers
Establishment category/ worker category
Direct workers
Contract workers (contract labour act)
Inter State migrant workers/ (Inter State workmen Act)
Casual workers
Seasonal workers
Badli Workers
Apprentice
Others (Specify the category)
Male
Female
Male
Female
Male
Female
Male
Female
Male
Female
Male
Female
Male
Female
Male
Female
Employees in shops (AP Shops & Estts. Act)
Employees in Establishments (AP Shops & Essts Act)
Employed in Factories
Building and other construction Workers
Sales promotion employees
Plantation workers
Beedi/ Cigar Workers
Any other category worker/ Establishment (specify name)
Annexure-2
Statement of Details of Wages, Bonus Paid to the Workers During the Year
Sl. No
Name of the worker
Gender
Establishment category (as vertical column in Annexure.1)
Worker category (as specified in horizontal column in Annexure. 1)
Designation
Length of service
Staff code No/Staff No/ Token No.
EPF No.
ESIC No
1
2
3
4
5
6
7
8
9
10
Details of Wages Paid Per Month
Amount of bonus paid for the previous accounting year
Whether covered under gratuity insurance scheme
Basic wage
VDA
All other allowance
Total wages (gross)
Deduction
Net wages paid
11
12
13
14
15
16
17
18
Government of Andhra Pradesh
Labour Department
Form-C
Certificate Of Registration/license of Establishment - Sec. 2(d) and 4(2)
Andhra Pradesh (Issuance of Integrated Registration and Furnishing of Combined Returns under various
Labour Laws by certain Establishments) Act, 2015
1. Registration / License Number (LIN):
2. Name of the Establishment:
3. Address of the Establishment:
4. Employer Name:
5. Employer Address:
6. Category of Establishment:
No. of workers
Nature of work/business
Date of commencement
Date of completion
7. Date of issue:
8. Registration valid up to:
It is hereby certified that the establishment has been Registered / Licensed under The Andhra Pradesh Issuance of Integrated Registration and Furnishing of Combined Returns under various Labour Laws by certain Establishments) Act, 2015.
The License is granted for doing the work of ________________________ in the Establishment of
(Principal Employer)
Registering / Licensing Officer
Note. - 1. The Registration / License is valid from the date of Registration / License, to 31st March of the third year. Registration / License shall be renewed for the next three years before 31st March of the third year.
2. If the information furnished by the employer is subsequently found that any of the particulars furnished are wrong, or essential information is suppressed or misrepresented, the Registration / License is liable for cancellation without any notice and the employer will be liable for penal action as per law.
3. The Certificate of Registration / License is generated instantaneously, based on the information furnished by the employer in the application, which can be verified online in the mee-seva website at www.ap.meeseva.gov.in. ]
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