ANDHRA PRADESH (ISSUANCE OF INTEGRATED  REGISTRATION AND FURNISHING OF COMBINED RETURNS  UNDER VARIOUS LABOUR LAWS BY CERTAIN  ESTABLISHMENTS) ACT, 2015

Contents

1. Short title, extent and commencement........................................................................................ 3 2. Definitions..................................................................................................................................... 3 3. Effect of laws specified in schedule-I ............................................................................................ 4

4. Application for Integrated registration under the scheduled Acts and filing of the Combined  Return. .......................................................................................................................................... 4

5. Savings........................................................................................................................................... 4 6. Power to amend Forms................................................................................................................. 5 7. Power to remove difficulties......................................................................................................... 5 8. Powers to give directions.............................................................................................................. 5 9. Powers to amend Schedules......................................................................................................... 5 FIRST SCHEDULE ...................................................................................................................................... 5

ANDHRA PRADESH (ISSUANCE OF INTEGRATED REGISTRATION AND FURNISHING OF  COMBINED RETURNS UNDER VARIOUS LABOUR LAWS BY CERTAIN ESTABLISHMENTS) ACT,  2015

THE ANDHRA PRADESH GAZETTE PART IV-13 EXTRAORDINARY PUBLISHED BY AUTHORITY ANDRA PRADESH ACTS, ORDINATES AND REGULATIONS Etc.

No.10 HYDERABAD, MONDAY, APRIL 20, 2015

The following Act of the Andhra Pradesh Legislature received the assent of the Governor on  the 20th April, 2015 and the said assent is hereby first published on the 20th April, 2015 in  the Andhra Pradesh Gazette for general information:-

ACT No. 10 OF 2015

An act to provide for issuance of integrated 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 SI, 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 filing of the  Combined Return

(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 forefeiture 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 case may be, in accordance with that  Scheduled Act.

Explanation: For the purpose of this section, the expression "relevant period" means  the period in 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. Powers 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. Powers to amend Schedules

(1) The Government may, by notification, alert, 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 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 become law, whether  with or without modifications, but 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 Legislative 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 Sec. 2 (c) 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 Other 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;

THE ANDHRA PRADESH SHOPS & ESTABLISHMENTS ACT,  1988

Contents

CHAPTER I................................................................................................................................................6 Preliminary..............................................................................................................................................6 1. Short title, extent, commencement and application....................................................................6 2. Definitions.....................................................................................................................................6 CHAPTER II...............................................................................................................................................9 Registration of Establishments ...............................................................................................................9 3. Registration of Establishments.....................................................................................................9 4. Renewal of Registration Certificate............................................................................................10 5. Revocation or suspension of the Registration Certificate ..........................................................10 6. Appeal against revocation or suspension of the Registration Certificate ..................................10 CHAPTER III............................................................................................................................................11 Shops 11

7. Opening and closing hours of shops...........................................................................................11 8. Selling outside prohibited, before opening and after closing hours of shops............................11 9. Daily and weekly hours of work in shops....................................................................................11 10. Interval for rest...........................................................................................................................11 11. Spread-over periods of work ......................................................................................................12 12. Closing of shops and grant of holidays.......................................................................................12 13. Closing of shops in public interest during special occasions ......................................................13 CHAPTER IV ...........................................................................................................................................13 Establishments other than Shops .........................................................................................................13 14. Application of this chapter to establishments other than shops ...............................................13 15. Opening and closing hours .........................................................................................................13 16. Daily and weekly hours of work..................................................................................................13 17. Interval for rest...........................................................................................................................13 18. Spread over of periods of work ..................................................................................................14 19. Holidays ......................................................................................................................................14 CHAPTER V ............................................................................................................................................14 Employment of women, children and young persons..........................................................................14 20. Children not to work in establishment.......................................................................................14 21. Special provision for young persons...........................................................................................14 22. Daily and weekly hours of work for young persons....................................................................15 23. Special provision for women ......................................................................................................15

24. Maternity leave...........................................................................................................................15 25. Maternity benefit .......................................................................................................................15 CHAPTER VI ...........................................................................................................................................15 Health and Safety..................................................................................................................................15 26. Cleanliness..................................................................................................................................15 27. Ventilation ..................................................................................................................................15 28. Precautions for the safety of employees in establishments.......................................................15 29. Maximum permissible load ........................................................................................................16 CHAPTER VII ..........................................................................................................................................16 Leave and Holidays with Wages and Insurance Scheme for Employees..............................................16 30. Leave...........................................................................................................................................16 31. Other Holidays............................................................................................................................17 32. Pay during leave and holidays ....................................................................................................18 33. Power to increase the period of leave allowable under Section 30...........................................18 34. Compulsory enrolment of employees to Insurance -cum-Savings Scheme ...............................18 CHAPTER VIII .........................................................................................................................................19 Wages, Conditions for termination of services, appeals, suspension and terminal benefits...............19 35. Responsibility for payment of wages..........................................................................................19 36. Fixation of wage period ..............................................................................................................19 37. Wages for overtime work ...........................................................................................................19 38. Time of payment of wages..........................................................................................................19 39. Wages to be paid in current coin or currency notes ..................................................................19 40. Deductions which may be made from wages.............................................................................20 41. Fines............................................................................................................................................20 42. Deductions for absence from duty .............................................................................................21 43. Deductions for damage or loss...................................................................................................22 44. Deductions for Services rendered ..............................................................................................22 45. Deductions for recovery of advances.........................................................................................22 46. Deductions for payments to co-operative societies and insurance schemes etc ......................22

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.......................................................................................................22

48. Appointment of authority to hear and decide appeals arising out of termination of services..24

49. Notice and payment of service compensation to employees in the case of transfer of establishment.............................................................................................................................25

CHAPTER IX ...........................................................................................................................................26 50. Appointment of authority to hear and decide claims relating to wages, etc.............................26

51. Claims arising out of deductions from wages or delay in payment of wages etc., and penalty for malicious or vexatious claims:...............................................................................................26

52. Single application in respect of claims from unpaid group ........................................................27 53. Appeal.........................................................................................................................................28 54. Conditional attachment of property of employer......................................................................28 55. Power of authority appointed under Section 50........................................................................28 56. Power of Government to prescribe costs and Court-fees for proceedings under this Chapter 29 CHAPTER X ............................................................................................................................................29 Appointment, powers and duties of the Chief Inspector and Inspectors.............................................29 57. Appointment of Chief Inspector and Inspectors ........................................................................29 58. Powers and duties of Chief Inspector.........................................................................................29 59. Powers and duties of Inspectors.................................................................................................29 60. Chief Inspector and Inspectors to be public servants.................................................................29 CHAPTER XI ...........................................................................................................................................29 Penalties for offences ...........................................................................................................................29 61. Penalties .....................................................................................................................................29 62. Power to compound offence......................................................................................................30 63. Penalty for obstructing Inspector, etc ........................................................................................30 64. Procedure in trial of offences.....................................................................................................30 65. Bar of suits..................................................................................................................................31 66. Contracting out...........................................................................................................................31 67. Offences to be tried by Magistrate of second class or above ....................................................31 CHAPTER XII ..........................................................................................................................................32 Miscellaneous.......................................................................................................................................32 68. Maintenance of registers and records and display of notices, etc.............................................32 69. Restriction on double employment on a Holiday or during leave..............................................32 70. Delegation of powers..................................................................................................................32 71. Power to make rules...................................................................................................................32 72. Rights and privileges under other laws etc., not affected..........................................................33 73. Exemption...................................................................................................................................33 74. Application of the Workmen’s Compensation Act, 1923 ...........................................................34

75. Protection of persons acting in good faith .................................................................................34 76. Power of Government to suspend provisions of the Act during fairs and festivals...................34

77. Application of this Act to Co-operative Societies.......................................................................34 78. Central Act 18 of 1942 not to apply to establishments governed by this Act............................34 79. Repeal and Saving.......................................................................................................................34

THE ANDHRA PRADESH SHOPS & ESTABLISHMENTS ACT, 1988

Reserved by the Governor on the 19th August, 1986 for the consideration and assent of the  President. Received the assent of the President on the 18th July, 1988 and first published on  the 26th July, 1988 in the Andhra Pradesh Gazette, Part-IV-B (Ext.).

Act No. 20 of 1988

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 I

Preliminary

1. Short title, extent, commencement and application

(1) This Act may be called the 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.1 

(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) 2to such other areas in the State on such date as the Government may, by  notification, specify.

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 Section57; (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 annualstock-taking;

(5) ‘commercial establishment’ means an establishment which carries on any trade,  business, profession or any work in connection with or incidental or ancillary 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 atmidnight:

Provided that, in the case of an employee, whose hours of work extend beyond  midnight, ‘day’ means the period of twenty-four hours beginning from the time  when such employment commences;

(7) ‘dependent’ means, in relation to a deceased employee, his nominee or in the  absence of such nominee, the heir or legalrepresentative;

(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 an 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 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 purposes of this Act;

(11) ‘factory’ means 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 57;

(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’ mean the time during which an employee is at the disposal of  the employer;

(17) ‘prescribed’ means prescribed by rules made by the Government under thisAct;

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

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

(20) ‘service compensation’ means the service compensation payable under Section  47;

(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 storeroom, 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 bemade;

(e) any sum to which the employee is entitled under any scheme framed under  any law for the time being in force; but does notinclude,—

(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 a 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 the  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 midnight on Saturday;

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

CHAPTER II

Registration of Establishments

3. Registration of Establishments

(1) Every employer of an establishmentshall

(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-sec. (2), shall be valid with effect  from the date on which it is issued upto the 31st day of Decemberfollowing.

(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 the  receipt of such intimation and the fees prescribed thereof 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.

4. Renewal of Registration Certificate

(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.

5. Revocation or suspension of the Registration Certificate

(1) 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 misrepresentation, 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.

6. Appeal against revocation or suspension of the RegistrationCertificate

(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 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 III

Shops

7. Opening and closing hours ofshops

(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 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 times of the year.

8. Selling outside prohibited, before opening and after closing hours ofshops

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;

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

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) 1[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 the following limitations:

(i) The total number of hours of work, including overtime, in any day shall not  exceed twelve;

(ii) The spread over, inclusive of intervals of rest, shall not exceed thirteen hours  in any one day;

(iii) The total number of hours of work in any week, including overtime, shall not  exceed sixty two;

(iv) No employee shall be allowed to work overtime, for more than seven days at  a stretch;

(v) The total number of hours of overtime work in any month shall not exceed  fifty.

Explanation: for the purpose of this sub-section ‘Month’ means Calendar  month”.

(3) 2[****]

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.

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.

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 remainclosed.

(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 aday.

13. Closing of shops in public interest during specialoccasions

In 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 IV

Establishments other than Shops

14. Application of this chapter to establishments other than shops

The provisions of this Chapter shall apply only to establishments other than shops. 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 purposes of this section fix different hours for  different classes of establishments or for different areas or for different times of  the year.

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) 3[Any employee may be required or allowed to work in an establishment for any  period in excess of the limit fixed under sub-section (1), on payment of overtime  wages, subject to the following limitations:

(i) The total number of hours of work (including overtime), in any day shall not  exceed twelve;

(ii) The spread over, inclusive of intervals of rest, shall not exceed thirteen hours  in any one day;

(iii) The total number of hours of work in any week, including overtime, shall not  exceed sixty two;

(iv) No employee shall be allowed to work overtime, for more than seven days at  a stretch and the total number of hours of overtime work in any month shall  not exceed fifty hours.

Explanation: For the purpose of this sub-section ‘Month’ means Calendar  month”]

(3) 4[****]

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.

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 overtime wages.

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 on one half-day commencing at such hour in the afternoon 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 employee 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 thissection.

CHAPTER V

Employment of women, children and young persons

20. Children not to work in establishment

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

21. Special provision for young persons

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

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.

23. Special provision for women

5[No woman employee shall be required or allowed to work in any establishment before  6-00 a.m. and after 8-30 p.m.:

Provided that the women employees may be required or allowed to work between 8.30  p.m. and 6.00 a.m. in any establishment in which adequate safety security measures  and other safeguards as may be prescribed by the State Government are provided. The safety and security measures shall include provision of shelter, rest rooms , lunch  rooms, night creches and ladies, toilets, adequate protection of their privacy, dignity,  honour and safety, protection from sexual harassment, employment of at least five (5)  women employees together and their transportation between factory premises and

the doorstep of their residence:

Provided further that the above relaxation shall not be allowed to a woman employee  during a period of sixteen (16) weeks before and after her childbirth, of which at least eight (8) weeks shall be before the expected childbirth, and for such additional period,  if any, as specified in the medical certificate stating that it is necessary for the health of  the woman employee or her child”.]

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.

25. Maternity benefit

Every woman who has been for a period 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 the period of—

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

(b) six weeks following the day of; 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  thereof.

CHAPTER VI

Health and Safety

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.

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.

28. Precautions for the safety of employees in establishments

(1) In every establishment other than such establishment or class of establishments  as the Government, 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 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.

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 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 VII

Leave and Holidays with Wages and Insurance Scheme for Employees 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  a 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 requesttherefor.

(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 such 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 or any  reasonable ground.

(6) Every employee in an establishment after he has put in not less than six months  of service under the same employer shall also be entitled for a 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, payment 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 an 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.

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 remainclosed.

(2) Notwithstanding anything contained in sub-sec.(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 thatsub-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.

32. Pay during leave and holidays

Every employee shall, for the period of the leave allowed under sub-sections (1) and (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.

33. Power to increase the period of leave allowable under Section30

Notwithstanding anything in Section 30, the Government may, by notification increase  the total number of days of leave allowable under sub-sec. (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.

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-saving  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 VIII

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

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.

37. Wages for overtime work

Where any employee in any establishment is required to work overtime he shall be  entitled, in respect of such overtime 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 and in respect of work in excess of eight hours a  day and forty eight hours a week at twice the ordinary rate of wages, in addition to the  wages for the normal hours of work.

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

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 arepayable.

(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.

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.

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  purposes 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 applies or any  recognised provident fund as defined in Section 2 (38) of the Income-Tax  Act, 1961, or any provident fund approved in this behalf by the Government  during the continuance of suchapproval;

(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;

(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 StateGovernment.

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 wasimposed.

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

(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 realisations 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  staff as a whole, provided that the fund shall be applied only to such purposes as are  approved by the prescribed authority.

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 this 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 duenotice.

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.

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 realizations thereof shall be recorded in a register to  be kept by the employer in such form as may be prescribed.

44. Deductions for Servicesrendered

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.

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.

46. Deductions for payments to co-operative societies and insurance schemesetc

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.

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 ofsuspension

(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 at least 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 the 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 service 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 omissions 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, (iii) on his resignation, or (ii) on physical or mental  infirmity duly certified by a 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 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 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 subsistence 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 onduty.

Explanation: -

(1) For the purposes of thissection

(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 ofservice;

(c) the expression ‘wages’ does not include overtime 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.

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 employee 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 the  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 inthe 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 the 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) 6[****]

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 that 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 IX

Appointment, powers and duties etc., of the Authority to hear and decide claims relating  to wages etc., of Employees in Establishments

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.

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 dependents or any legal practitioner, or any official of a registered trade  union authorised in writing to act on behalf of such employee or dependent, 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 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 cash 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 bona fide error or a bona fide 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.

52. Single application in respect of claims from unpaidgroup

(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 weredue.

(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.

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 befinal.

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, relating to attachment before  judgment under that Code, shall, so far as may be , apply to any direction for  attachment under sub-section (1).

55. Power of authority appointed under Section 50

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 witness 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.

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 X

Appointment, powers and duties of the Chief Inspector and Inspectors 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.

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.

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 the purposes  of this Act.

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 Sec. 21 of the Indian Penal Code, 1860.

CHAPTER XI

Penalties for offences

61. 7[Penalties

(1) Any employer who makes any false or incorrect statement under Section 3 shall be imposed  with fine which may extend to Rs.10,000/-.

(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 imposed for a first contravention with fine which  may extend to Rs. 1 0,000/-, for a second contravention with fine which shall not be less  than Rs. 10,000/- but which may extend to Rs.20,000/- and for the third or subsequent contravention with a fine which shall not be less than Rs.20,000/- but which may extend to

Rs.50,000/-.

Provided that where any employer fails to possess a valid certificate of Registrations in contravention of the provisions of Sections 3, 4 and 5, he shall, in the case of a continuing contravention, be imposed with a further fine which may extend to Rs.500/- for each day during which the offence continues.

(3) whoever contravenes the provisions of Section 8 shall be imposed for a first contravention  with fine which may extend to Rs. 10,000/-, and for a second or subsequent contravention  with fine which may extend to Rs. 15,000/-.

(4) whoever contravenes the provisions of sub-section 2 of Section 48 shall be imposed with  fine which may extend to Rs.250/- for each day during which the contravention continues.

(5) whoever contravenes the provisions of sub-section (3) of Section 48, shall be imposed with  fine which may extend to Rs.250/- for each day during which the contravention continues.

(6) No order under sub-sections (1) to (5) shall be passed by the authority prescribed except  after issuance of notice followed by an opportunity of hearing to the person / employer as  prescribed under the Rules.

Provided that any person / employer aggrieved by any order passed by the authority prescribed, shall have a right to file an appeal within thirty (30) days of the receipt of the order, to the appellate authority as prescribed under the Rules.

(7) In case the fine so imposed is not paid within fifteen (15) days of passing of the order by the  authority concerned, whether in appeal or otherwise, the said fine shall be recovered from  such person, without prejudice to any other mode of recovery, as an area of land revenue.]

62. 8[****]

63. 9[Penalty for obstructing Inspector, etc.,

(1) Any person who willfully 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 imposed fine upto Rs.50,000/-.

(2) The Inspector shall forward the inspection report to the authority, as prescribed,  within three (3) days of inspection. The authority, shall cause a notice to be issued  to the establishment concerned and after giving reasonable opportunity of  hearing, shall impose the fine as deemed fit.

Provided that any person aggrieved by any order passed under sub-section (2) by  the authority prescribed, shall have a right to file an appeal within thirty (30) days  of the receipt of the order, to the appellate authority as prescribed under the Rules.

(3) In case the fine so imposed, whether in appeal or otherwise, is not paid within  fifteen (15) days of passing of the order by the authority concerned, the said fine  shall be recovered, without prejudice to any other mode of recovery, as arrear of  land revenue.]

64. 10[****]

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 Sec.  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 owned to the  plaintiff ;or

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

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.

67. 11[****]

CHAPTER XII

Miscellaneous

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 beprescribed.

(4) Every employer shall give an order of appointment of 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 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.

69. Restriction on double employment on a Holiday or duringleave

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.

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 thenotification.

(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 persons soempowered.

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 previouspublication.

(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 is 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 modification 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.

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

Nothing in this Act shall effect 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.

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) establishment 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 66 of the Constitution and Cantonment  Authorities ;

(c) establishment in mines and oil fields;

(d) establishments in bazaars 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 institution 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 wharfs, ports,  airports or bus 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 Section 7, 9, and 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-sections the Government may, by  notification apply 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.

74. Application of the Workmen’s Compensation Act, 1923

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

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.

76. Power of Government to suspend provisions of the Act 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.

77. Application of this Act to Co-operative Societies

Notwithstanding anything in the Andhra Pradesh Co-operative Societies Act, 1964, the  provisions of this Act shall apply to the Co-operative Societies.

78. Central Act 18 of 1942 not to apply to establishments governed by thisAct

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.

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  area 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, insofar 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 on such proceedings shall be recovered under the Act sorepealed.

1 Came into force w.e.f. 1-11-1988, vide G.O.Ms.No.104, dt. 29-10-88.

2 From time to time the State Government has been issuing orders extending the application of the Act to various areas. The Government  vide G.O.Ms.No.150, W.D.C.W. & L, dated 27-10-1992, has extended the application of this Act to the entire State, w.e.f. 27-10-1992. And  from the said date the provisions of this Act came into force in the entire State.

1Substituted by ACT No. 36 of 2018, dated 23rd November 2018.

2 Omitted by ACT No. 36 of 2018, dated 23rd November 2018.

3Substituted by ACT No. 36 of 2018, dated 23rd November 2018.

4 Omitted by ACT No. 36 of 2018, dated 23rd November 2018.

5Substituted by ACT No. 36 of 2018, dated 23rd November 2018.

6 Omitted by Act No. 16 of 2022, dated 21st October 2022.

7 Substituted by Act No. 16 of 2022, dated 21st October 2022.

8 Omitted by Act No. 16 of 2022, dated 21st October 2022.

9Substituted by Act No. 16 of 2022, dated 21st October 2022.

10 Omitted by Act No. 16 of 2022, dated 21st October 2022.

11 Omitted by Act No. 16 of 2022, dated 21st October 2022.