ANDHRA
PRADESH LABOUR WELFARE FUND RULES, 1988
In exercise of the powers conferred by Section 37 of the Andhra Pradesh Labour
Welfare Fund Act, 1987 (Act No.34 of 1987), the Governor of Andhra Pradesh
hereby makes the following rules relating to the Andhra Pradesh Labour Welfare
Fund. These rules shall come into force on the 1st May, 1988.
Rule - 1. Short title and commencement
(1)
These rules may be called the Andhra Pradesh Labour Welfare
Fund Rules, 1988.
(2)
They extend to whole of the State of Andhra Pradesh.
(3)
They shall come into force on the 1st May, 1988.
Rule - 2. Definitions
(1)
In these rules unless
the context otherwise requires
(a)
Act means the Andhra
Pradesh Labour Welfare Fund Act, 1987;
(b)
Board means the
Andhra Pradesh labour Welfare Board established under Section 4 of the Act;
(c)
Form means form
appended to these rules;
(d)
Notification means a
notification published in the Andhra Pradesh Gazette;
(e)
Register of
establishment means
(i)
in relation to a
factory, a Register of adult workers or a Register of child workers maintained
under Section 62 or Section 73 respectively of the Factories Act, 1948 (Act
No.LXIII of 1948);
(ii)
in relation to a
motor transport undertaking, a Register of workers maintained under Rule 35 of
the Andhra Pradesh Motor Transport Workers Rules, 1963; and
(iii)
in relation to any
other establishment, the Register of employment maintained under the Andhra
Pradesh Shops and Establishment Rules, 1968;
Provided
that where any establishment is not required to maintain such Register,
Register of establishment shall mean any other Register in which names of the
employees employed in the establishment every day or every month of the year
are ordinarily shown;
(2)
All words and
expressions used in these rules, unless otherwise defined shall have the same
meaning as assigned to them in the Act.
Rule - 3. Notice of applicability, Change of particulars or closure
(1) Every
employer of an establishment shall give a notice of opening in Form A to the
Welfare Commissioner or to such other officer as may be authorised in this
behalf within,
(a) Sixty
days, in respect of the establishments existing as on the date of commencement
of these rules; and
(b) Thirty
days in respect of other establishments.
(2) Every
employer shall within thirty days intimate in Form to the Welfare Commissioner
or to such other officer as may be authorised in this behalf, any change in the
information under sub rule (1).
(3) Where
an employer intends to close down his business for good and sufficient reason,
he shall serve a notice of such intended closure in Form C on the Welfare
Commissioner atleast, ninety days before the date on which the intended closure
is effective;
Provided
that any such closure shall be in accordance with the provisions of law.
(4) All
notices to be given under this rule shall be by registered post and
acknowledgment obtained thereof.
Rule - 4. Maintenance of Registers by employers
(1) Every
Employer of an establishment shall maintain and preserve for a period of five
years:
(a) A
register of wages in Form except in cases where a simple register is maintained
under any other law for the time being in force, and
(b) A
consolidated register of unclaimed wages and fines in Form G provided that in
respect of cases of pending before the appellate authorities such records
register shall be preserved till the cases are finally disposed of.
(2) The
employer of an establishment shall by the 31st January of every year forward to
the Welfare Commissioner a copy of the extract from the register in Form E
pertaining to the previous year.
Rule - 5. Mode of payment of dues including fines realised from employees and unpaid accumulations by the employer
(1) Every
employer of an establishment shall pay, the employer s and employee s
contribution of the provident fund, all dues including fines realised from the
employees and unpaid accumulations by a demand draft of money order to the
Welfare Commissioner or to such other officer as may be authorised in this
behalf for every quarter ending within the 31st March, the 30th June, the 30th
September, and 31st December, within fifteen days from the closing of each
quarter:
Provided
that in respect of the existing establishments, the sums payable by the
employer under sub rule (1) shall be paid in the manner provided therein within
fifteen days from the date of coming into force of these rules.
(2) The
payments under sub rule (1) shall be accompanied by a statement showing full
particulars of the amounts paid.
Rule - 6. Payment of employer s and employee s contributions
Every
employer of an establishment operating for any length of period during the
twelve months preceding the 31st December, of every year shall pay to the
Welfare Commissioner or such officer as may be authorised in this behalf, the
employers contribution and also the employees contribution, whose names stand
on the register of establishment preceding the 31st December, by the 31st
January succeeding year, along with a statement showing full particulars in
Form F.
Rule - 7. Submission of Statement to the Government
The
Welfare Commissioner shall submit to the Government not before the 31st March
of each year a statement of employers and employees contributions received by
him by the 31st January of the year in Form G.
Rule - 8. Notice to employers for payment of dues
Where
the employer does not pay the whole or any part of the amount, due from him in
accordance with Rule 5 6 within the stipulated time the Welfare Commissioner
may after making such enquiries as he may deem fit, serve a notice on such
employer to pay the amount due from him within fifteen days from the date of
receipt of the notice. (2) The notice under sub rule (1) shall be served on the
employer either by personal service after taking receipt or by registered post
with acknowledgment due;
Provided
that an employer refuses to receive such a notice, it shall be deemed to have
been served properly for the purpose of this rule, if a copy thereof is pasted
on any suitable place at or near about the main entrance of the establishment
or where such notice was sent by post, if it was returned by the postal
authorities with such remarks as would indicate that it could not be served
owing to refusal to accept or negligence on the part of the employer concerned.
Rule - 9. Particulars to be incorporated in Board s notice about unpaid accumulation
The
notice under sub section (3) of Section 8 shall contain the following
particulars namely :
(a) name
and address of the establishment in which the unpaid accumulation was earned;
(b) wage
period during which the unpaid accumulation was earned;
(c) amount
of unpaid accumulation; and
(d) the
list of employees and the amount unpaid accumulation in respect of each of them
paid to the Board.
Rule - 10. Remission of penalty
(1) Applications
for remission of penalty under the proviso to Section 9 of the Act shall be
made to the Welfare Commissioner within thirty days from the date of payment of
penalty and shall clearly specify the grounds on which the remission is
claimed.
(2) Where
the Welfare Commissioner is satisfied that the non payment of dues was due to
the circumstances beyond the control of the employer the Welfare Commissioner
may remit in part or whole of the penalty payable under sub section (2) of
Section 9;
Provided
that no remission shall be made without the prior sanction of the Board, if the
amount of penalty to be remitted exceeds five hundred rupees.
Rule - 11. Constitution of the Board
The
Board shall consist of the following members, namely:
(a) Fine
persons to be nominated by the Government as indicated below :
(i) Minister
for Labour Chairman
(ii) Secretary
to Government, Labour Department Ex-Officio Member
(iii) Secretary
to Government, Finance and Planning (Fin.) Dept. Ex-Officio Member
(iv) Secretary
to Government, Industries Department Ex-Officio Member
(v) A
women Member to represent the women employees in consultation with the Director
of Women and Child Welfare Department.
(b) Five
persons representing the employers nominated by the Government in consultation
with the organisation of the employers functioning in Andhra Pradesh; and
(c) Five
persons representing employees nominated by the Government in consultation with
the organisation of employees functioning in Andhra Pradesh.
Rule - 12. Committees of the Board
(1) (a)
The Board may constitute one or more committees for the purpose of advising the
Board in discharging its functions and in particular for carrying into effect
any of the matters specified in sub section (2) of Section 12 of the Act.
(b)
While constituting the committee the Board may nominate one of its members to
be a member of the committee who shall be the Chairman of the Committee.
(2) The
Committee shall be represented with equal number of representatives of the
employees and employers.
(3) The
Board shall determine the qualification and term of office of the Committee or
Committees constituted under Section 7 of the Act.
(4) The
Committee shall meet at such time and at such place as the chairman of the said
Committee may decide and the committee shall observe such rules of procedure in
regard to the transaction of the business as its meeting as it may deem proper.
(5) The
Committee shall be treated as first class Government committee and the
provisions of Rule 12 shall apply to the members of the committee for purposes
of Travelling Allowance and Dearness Allowance.
Rule - 13. Procedure regarding Board meeting
(1) The
Board shall meet as often as may be necessary but not less than once in every
three months commencing from the first meeting convened.
(2) The
Welfare Commissioner shall in consultation with the chairman fix a date, time
and place as well as agenda for, each meeting of the Board and give not less
than seven day s notice thereof to each member:
Provided
that seven day s notice shall not be necessary where in the opinion of the
Chairman that the business to be transacted at the meeting is of a very urgent
nature requiring immediate attention and members are informed accordingly.
(3) The
Chairman shall preside over all the meetings of the Board and no matter other
than those included in the agenda shall be discussed at any meeting except with
the permission of the Chairman.
Provided
that if for any other reason the Chairman is unable to attend a meeting the
members present shall choose one among them to preside over and carry on the
functions of the Chairman for that meeting.
(4) No
business shall be transacted in any meeting of the Board unless there is quorum
of not less than one third of the number of members of the Board: Provided that
if a meeting adjourned by the Chairman for lack of quorum even after waiting
for not less than thirty minutes from the appointed time the Welfare
Commissioner shall with the same agenda as fixed for the original meeting, fix
a date not earlier than seven days from the date of that meeting and give
notice in this behalf to all members and it shall thereupon be lawful to
dispose of the business included in the agenda in the meeting irrespective of
members present.
(5) All
matters at the meeting of the Board shall be decided by majority of votes of
the members present and voting: Provided that in case of equality of votes the
chairman shall have a casting vote or a second vote.
(6) Votes
on any issue shall be taken by show of hands at the meeting of the Board and
the names of the persons voting in favour and against on any proposal shall be
recorded only if any member requests the Chairman to do so.
Rule - 14. Minutes of the meeting
(1) The
Welfare Commissioner shall arrange for preparing the minutes of the proceedings
of each meeting of the Board showing inter alia the names of the members
present and shall forward a copy of such minutes to each member of the Board as
soon after the meetings as possible.
(2) The
minutes of two proceedings of each meeting shall be confirmed with such
modification, if any, as may be decided upon at the next meeting of the Board
and signed by the Chairman at that meeting by way of authentication.
(3) The
minutes of the proceedings of each meeting of the Board authenticated by the
Chairman under sub rule (2) shall be kept in a separate minutes book and the
Welfare Commissioner shall send a copy of such authenticated minutes of the
proceedings of each meeting to the Government for information as early as
possible.
(4) The
minutes book shall be kept in safe custody of the Officer authorised by the Welfare
Commissioner who shall be responsible for recording the minutes of the
meetings.
Rule - 15. Allowances of Members
Travelling
allowance and daily allowances of an official member shall be governed by rules
applicable for journey performed by him on official duties and shall be paid by
the authority paying his salary. (3) Each non official member of the Board
shall be entitled to draw travelling and daily allowance for any journey
performed by him in connection with the performance of his duties at the rate
admissible to a non official member of the first class Government Committee
under the Andhra Pradesh Travelling Allowance Rules.
Rule - 16. Budget of the Board
The
Welfare Commissioner shall cause the budget estimates of the fund for every
financial year to be prepared and laid before the Board by the 31st January
every year and the Board will approve the budget before the 15th March.
Rule - 17. Additional Expenditure
If
during the course of financial year it becomes necessary to incur expenditure over
and above provision made in the budget, the Welfare Commissioner shall submit
additional demands to the Board for its approval.
Rule - 18. Maintenance of Bank Account and Mode of Payment from Fund
Payment
from the fund shall be made:
(1) Where
the amount payable is less than hundred rupees in cash;
(2) Where
the amount payable is hundred rupees and more, a cheque shall be issued by the
Welfare Commissioner or such other offices as may be authorised in this behalf;
(3) Each
cheque that may be issued shall bear the signatures of two such Officers are
authorised by the Welfare Commissioner.
Rule - 19. Application for Grant from Fund
The
application for grant from the fund under sub section (3) of Section 12 shall
be submitted to the Welfare Commission in triplicate. Such application shall be
placed by the Welfare Commissioner before the Board within thirty days of its
receipt with his remarks for consideration of the Board. The Board may
recommend with or without modification any application placed before it and
such application recommended by the Board shall be forwarded to the Government
by the Welfare Commissioner within fourteen days from the date of the decision
of the Board for the approval of the Government.
Rule - 20. Maintenance and Audit of Accounts of the Fund
(1) The
Board shall maintain proper accounts and other relevant records and prepare
annual statement of accounts including balance sheet.
(2) The
accounts of the Board shall be balanced on the 31st March of each year.
(3) The
accounts of the fund shall be maintained by the Accounts Officer of the Board
and shall be audited by a chartered Accountant s firm appointed by the
Government.
(4) The
Government may also at any time order special audit of the accounts of the
Board.
(5) The
fee for the audit shall be as may be approved by the Government.
Rule - 21. Appointment of officers, clerical and executive staff by the Board and their service conditions
(1) The
Board may create all posts and appoint such number of officers executive,
clerical and other staff as may be necessary for carrying out its functions
under the Act. It shall also have disciplinary and administrative control over
them.
(2) The
Board may make regulations specifying the terms and conditions of appointment,
service and the scales of pay of officers and other staff of the Board
including the payment of travelling and daily allowance in respect of journeys
undertaken by the officers and other staff of the Board.
Rule - 22. Duties and powers of Inspectors
(1) An
Inspector appointed under Section 18 of the Act shall generally make such
inspection as may appear to him necessary for satisfying himself that the
provisions of the Act and rules and any orders issued by the Government under
this Act are duly observed.
(2) In
addition to the powers conferred by clause (a) of sub section (2) of Section 18
of the Act, an Inspector shall for the purpose of giving effect to the
provisions of the Act, have power to:
(a) prosecute,
conduct or defend before a court any complaint or other proceedings arising
under the Act;
(b) require
any employer to supply or send any return or true copy of any document or
information relating to the provisions of the Act;
(c) make
inspection in such manner as he deems fit to satisfy himself that:
(i) the
provisions of the Act and Rules regarding the payment of contribution and
unpaid accumulation and fines are observed;
(ii) the
prescribed registers are properly maintained; and
(iii) the
returns and registers to be maintained under these rules are properly
maintained and duly sent to the appropriate authority.
(d) note
whether the defects or irregularities pointed out in the course of previous
inspection have been removed and the orders issued have been complied with;
(e) point
out and either to record on the establishment register or inform the employer
through a letter all such defects or irregularities as he may have observed in
course of an inspection and to give orders for their rectification in the
manner he deems fit and proper;
Provided
that the employer concerned shall have the right to prefer an appeal to State
Government or such other authority as may be specified by the Government in
this behalf against an order given by an Inspector under clause (e) within
thirty days of the receipt of such an order assigning specific reasons thereof.
Rule - 23. Financial Transactions
(1) The
Board shall be free to undertaking any financial transactions with in its
budgetary limits for carrying out the purposes of the Act and for this purpose
it may
(a) dispose
of by sale or exchange any immoveable property belonging to the Board or grant
lease of any immoveable property belonging to the Board of any term not
exceeding 12 months;
(b) with
the approval of the State Government lease sell or otherwise dispose of the
other moveable or immoveable property belonging to the Board;
Provided
that no financial deal shall be transacted or executed without the prior
approval of the State Government if it involves anything of which the money
value exceeds ten thousand rupees.
(2) The
Board may enter into or execute all such contracts as it may consider necessary
or expedient for bringing the provisions of the Act into effect: Provided that
prior approval of the State Government shall be obtained in respect of any
contract involving an expenditure exceeding ten thousand rupees.
(3) Every
contract made under or for any purpose of the Act shall be made on behalf of
the Board
(a) by
the Welfare Commissioner; or
(b) subject
to such condition as the board may specify by such member or officer of the
Board it may authorise.
Rule - 24. Publication of annual report of the Board.
(a) The
Board shall within three months of the date of each financial year submit to
the State Government for approval an audited statement of receipts and
expenditure together with an annual report giving the activities in the year.
(b) The
statement and the report shall be laid as soon as may be after they are
approved by the State Government before the State Legislature while it is in
session for a period of not less than thirty days.
(c) After
the statement and the report are laid before the State Legislature under sub
rule (2) the Board shall cause the same to be published in such manner as it
may deem fit.
APPENDIX
A
Notice of opening
FORM
[See sub rule (1) of Rule 3]
FORM A
Notice of opening
[See sub rule (1) of Rule 3]
From
(Here
give name and designation of the signatory and name and address of the
establishment concerned)
To
The
Welfare Commissioner,
Andhra
Pradesh
(Give
here the address).
Take
notice that the Andhra Pradesh labour, Welfare Fund Act 1987 and the Rules
framed thereunder are applicable to my establishment with effect from
........................ (date here).
Necessary
particulars regarding my establishment are given in the statement below :-
STATEMENT
1.
Name or description of the establishment with full
address : ........ ......... ..........
2.
Address in full for communication :
.................. .........
3.
It is a Company under Company s Act or a Proprietary
Undertaking :
(a) If
it is a company under the Company's Act indicate the name of the Chief
Executive of the company and his address : ...............
(b) If
it is a proprietary concern indicate the name and address of the proprietor
proprietrix:............... ..................
4.
Number of employees : ........... ............
5.
Whether it is a factory or a motor transport
undertaking or a commercial establishment or any other establishment specified
by the State Government through notification : ............
6.
Articles produced or dealt with or services
rendered : ............ .................
7.
Date of opening : ...... ...........
I
declare that the particulars mentioned in the preceding statement are true and
correct to the best of my knowledge and belief.
Place
: Signature of the Employer with
Date
: name and designation or rubber stamp
[See
sub rule (2) of Rule 3]
Notice
of Change
From
(Give
here the name and designation of the signatory and name, address of the
establishment concerned).
To
The
Welfare Commissioner,
Andhra
Pradesh,
(Give
here the address)
The
notice that following changes have occurred in the particulars furnished in
relation to my establishment in the notice in Form A dated
........................... with effect from ............ (mention date here).
Changes
effected
(Here
specify the details of the changes)
Place
: Signature of the employer with
date
: name and designation or rubber stamp
APPENDIX
C.
Notice of Closure
FORM - [See sub rule (3) of Rule 3]
FORM - C
[See sub rule (3) of Rule 3]
Notice of Closure
From
:
(Here
give the full name of the person (s) signing the notice with description of the
position he holds, the name of the establishment and full postal address.
To
The
Welfare Commissioner,
Andhra
Pradesh, .............................. (Address here).
As
required under sub rule (3) of Rule 3 of the Andhra Pradesh, Labour Welfare
Fund Rules, 1988, we hereby given notice on behalf of the before mentioned
establishment that a final decision has been taken to close the establishment
for good with effect from .................... (here insert the date).
The
reasons for such closure and other necessary information are furnished in the
statement below.
1.
It is proprietory or partnership undertaking and
if so the name and full residential add-ress of owner partners of the concern.
2.
If it is a company under Company's Act and if
so indicate the name of the Chief Execu-tive of the company and his address.
3.
Address for communication :
4.
Number of employees on the date of notice
5.
Whether the employer s and the employees contributions
for the preceding year ending 31st December ............ have been paid
6.
Whether the employer s as well as employees contributions
for the period during which the closure takes effect have been paid. If not,
when will it be paid.
7.
Reasons for closure
I
hereby declare that the particulars mentioned in the before mentioned statement
are true and correct to the best of my our knowledge and belief.
Place
:
Date
: Signature with official Seal or
description
of the post or position held
APPENDIX
D.
Register of Wages
FORM [See sub rule (1) of Rule 4]
FORM D
[See sub rule (1) of Rule 4]
Register
of Wages
For
the month of ................... 19
Amount
payable during the month Amount Deducted during the month Amount actually paid
during the month Balance due to the employee Sl.No. Name of theemployee Ticket
No. and badge No. Occupation Basicwages Overtime Dearness Allowance and other
allowances Bonus Fines Otherdeductions Basic wages Over-time Dearness allowance
Bonus Basic wages Over-time Dearness allowance and other allowances Bonus (1)
(2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)
Total:
Signature
as the Employer or Officer Making
APPENDIX
E.
FORM
[See sub rule (2) of Rule 4]
FORM E
[See sub rule (2) of Rule 4]
Register
of fines and unpaid Accumulations for the year
Name
of the establishment :
Sl.No.
Details of fine andunpaid accumulations Quarterending 31stMarch Quarterending
30thJune Quarterending 30thSeptember Quaterending 31stDecember (1) (2) (3) (4)
(5) (6)
1.
Total realisation underfines
2.
Total amount bearing"unpaid
accumulations"of ?
(i) basic
wages
(ii) Overtime
(iii) Dearness
Allowance
(iv) Other
Allowances
(v) Gratuity,
and
(vi) Any
other item Total of 1 and 2
See
definition of "unpaid Accumulation under sub section (11) of Section 2 of
the Act.