"In exercise of the powers conferred by
sub-section (1) of Sec. 71 of the TELANGANA Shops and Establishments Act, 1988
(Act No. 20 of 1988) the Governor of TELANGANA hereby makes the TELANGANA Shops
& Establishments Rules as provided in the Annexure, the same having been
previously published as required by sub-section (3) of Section 71 of the said
Act." The
said Rules shall come into force with effect from 1-11-1991. These
rules may be called the Telangana Shops and Establishments Rules, 1990. In
these rules, unless the context otherwise requires:- (a)
"Act" means the TELANGANA shops and
Establishments Act, 1988; (b)
"Family members" means father, mother, wife, husband,
sons, daughters, sisters and brothers, wholly dependent on the earnings of the
employer; (c)
"Form" means a form appended to these Rules; (d)
"Government" means the State Government of
TELANGANA; (e)
"Section" means a section of the Act; (f)
Words and expressions used but not defined in these rules
shall have the same meanings assigned to them in the Act. (1)
The statement specified in sub-section (1) of Section 3
of the Act shall be submitted by the employer in Form-I to the Inspector of the
area concerned. The statement shall be accompanied by a challan in support of
the payment of fees prescribed in Schedule-I. (2)
The Inspector shall maintain Register of Establishments
in Form-V. (3)
The Inspector shall issue a Certificate of Registration
in Form-II. (4)
Every application for renewal of Registration Certificate
made under Section 4 of the Act shall be submitted by the employer to the
Inspector of the area concerned in Form-III. The application for renewal of
Certificate of Registration shall be accompanied by a challan for the fees
prescribed in Schedule-I. (5)
The period of renewal of Certificate of Registration
shall be one year or upto three years from the date of its expiry, at the option
of the employer. (6)
On receipt of application for renewal of Certificate of
Registration, the Inspector shall issue Renewal of Registration Certificate in
Form-IV. (7)
Where the application for Renewal of Registration
Certificate is not made within the date i.e., atleast 30 days before its
expiry, penalty as specified below shall be levied. TABLE 1. Application
submitted on or after 2nd December, but before 31st December. 25% of the fees
Prescribed. 2. Application
submitted on or after 1st January. 50% of the fees
Prescribed. Provided
that the Government or subject to the control of the Government the Chief
Inspector may, if they are or he is satisfied that there is sufficient reason
for the employer in not sending the application for the renewal of the Certificate
of Registration before the expiry of the time limit specified in sub-section
(2) of Section 4, by an order and for reasons recorded therein, waive the
payment of penalty either in part or wholly by the employer in respect of the
renewal of the Certificate of Registration applied for. The
fees prescribed under these Rules shall be remitted into the Government
Treasury/State Bank of India/State Bank of Hyderabad under the Head of Account
"0230 Labour and Employment (101) Receipts under Labour Laws". The
fees once remitted shall under no circumstances be refunded. If
the Certificate of Registration issued under sub-rule (3) of Rule 3 is lost,
destroyed or defaced, the employer of the Establishment shall forthwith report
the matter to the Inspector of the area concerned and shall apply in Form-VI
with a fee as prescribed in Schedule-II for the issue of duplicate registration
certificate. Upon the receipt of such application together with the fee, the
Inspector shall furnish to the employer with a duplicate copy of registration
certificate duly stamped 'Duplicate copy of the Registration Certificate'. (1)
Notice shall be given by the employer to the Inspector of
the area concerned as required under sub- section (4) of Section 3 of the Act,
in Form-VII together with the Certificate of Registration and a challan for the
amount of fee remitted as specified in Schedule-II and the amount, if any,
payable as specified in Schedule-I having regard to increase in the number of
employees: Provided
that no notice need be given by the employer to the Inspector of the area
concerned in respect of any change in the number of employees if such change
does not affect the licence for remittance as specified in Schedule-I. (2)
On receipt of notice of change the Inspector shall amend
the Certificate of Registration or issue a fresh one, if necessary and send it
to the employer. (3)
Where the Inspector cancels the Certificate of
Registration on receipt of information with regard to the closure of
Shop/Establishment, he shall intimate the employer about the cancellation of
the Registration Certificate. The Communication to the employer shall be sent
under Certificate of Posting. An
appeal under sub-section (1) of Section 6 of the Act against the orders of
revocation or suspension of the Registration Certificate shall lie to the
Labour Officer in whose jurisdiction the Shop/Establishment lies. (1)
Every appeal, under Section 6 shall be presented to the
Appellate Authority in person or sent to him by Registered Post under
Acknowledgement Due. (2)
The appeal shall be in form of a memorandum and shall be
accompanied by a certified copy of the order appealed against. (3)
The memorandum shall set forth the grounds of the appeal. (4)
Where the memorandum of appeal does not comply with the
provisions of sub-rules (2) and (3) above, it may be returned, within fifteen
days from the date of its receipt to the appellant for the purpose of being
amended. The appellant shall resubmit the appeal duly amended as directed by
the Appellate Authority within a period of thirty days from the date of its
return. (5)
Where the memorandum of appeal is in order, the Appellate
Authority shall admit the appeal, endorse thereon the date of presentation and
shall register the appeal in the Register of Appeals in Form VIII. (6)
Where the appeal is admitted, the Appellate Authority
shall obtain the connected records from the Inspector concerned against whose
order the appeal has been preferred. (7)
The Appeallate Authority shall give an opportunity to the
appellant for being heard, by fixing a date. (8)
If, on the date fixed for personal hearing, the appellant
does not appear, the Appellate Authority shall decide the appeal on the basis
of the records made available to him and shall communicate his order to the
appellant. An
employer may be required to produce one of the following documents in support
of the age of an employee: (i)
School Certificate. (ii)
Extract from the register of Birth. (iii)
Certificate in Form IX from the Government Medical
Officer not below the rank of Assistant Civil Surgeon. (1)
The payment of Maternity Benefit to a woman employee
under Section 25 of the Act shall be at the same rate of daily, weekly or
monthly wages last paid, In the case of piece rate employees, the rate of
maternity benefit shall be on the basis of the average earning of one month or
wages drawn on the last working day whichever is higher. (2)
The payment of maternity benefit accruing to a woman
employee shall be made to her at any time not later than one week after receipt
of intimation in writing about the date of her delivery: Provided
that if woman dies during this period, that maternity benefit shall be payable
only for the days upto and including the day of her death. (3)
In case of miscarriage, the woman employee shall on
production of a certificate granted to that effect by a Registered Medical
Practitioner, be entitled to the maternity benefit for a period of six weeks
immediately following the date of her miscarriage. (4)
The amount payable to a woman employee a maternity
benefit in accordance with aforesaid rules shall, for the purpose of its
recovery be deemed to be wages as defined under sub-section (23) of Section 2
of the Act. (5)
Payment in respect of claim of maternity benefit shall be
made by the employer to the woman employee concerned or to a person authorised
by her in writing. In the case of her death, the same shall be payable to
her legal heirs.(6)No woman employee having more than two children shall be
eligible for maternity benefit. The
premises of every establishment shall be kept clean in the following manner:- (1)
(a) In every establishment, all the inside walls of the
rooms and all the ceilings of the such rooms (whether such walls or ceilings be
plastered or not) and all the passages and staircases shall be transparent-washed or
colour washed at intervals not more than two years from the time when they were
last transparent-washed or colour washed and shall be maintained in a clean state. (b)
All beams, rafters, doors, window frames and other wood work with the exception
of floors shall be either transparentwashed or colour-washed at intervals of not more
than twelve months from the time when they were last transparent-washed or
colour-washed or shall be painted or varnished at intervals of not more than
seven years from the time when they were last painted or varnished and shall be
maintained in a clean state. (c)
This sub-rule shall not apply to the following:- (i)
Rooms used only for the storage of articles; (ii)
walls or ceilings of rooms which are made of galvanised
iron, flat tiles, asbestos sheets, glazed bricks, glass slate, bamboo, thatch,
cement, plaster or polished chunam; (iii)
ceilings of rooms in which the lowest part is atleast 6.0
meters from the floor; (iv)
any other establishment or part thereof in which transparent-washing,
colour-washing, painting or varnishing is, in the opinion of the Chief
Inspector, unnecessary to satisfy the requirement of Section 26 of the Act in
regard to cleanliness. (2)
Rubbish, filth or debris shall not be allowed to
accumulate or to remain on any part of the establishment for more than 24 hours
and shall be disposed of. All waste matter shall be kept in covered
receptacles. (3)
All drains carrying waste or sullage water or sewage
shall be constructed of masonry or other impermeable material and shall be
regularly flushed at least twice daily and where possible, connected with some
recognised drainage line. (4)
The establishment and the compound surrounding it shall
be maintained in a strictly sanitary and clean condition. The floor shall be
swept or otherwise cleaned atleast once daily, and the ceilings shall be dusted
atleast once a month. (5)
The employer shall enforce the proper use of latrines and
urinals and prevent pollution by excreta or urine on the surface of the ground
in the vicinity or the latrine or the urinal and the compound of the
establishment. The employer shall make suitable arrangements for the regular
cleaning and conserving of the latrines and urinals to the satisfaction of the
Inspector. (6)
Employer shall provide drinking water and keep the area
around the place of drinking water clean and properly drained. Every
establishment shall provide under sub-section (1) of the Section 28 with
adequate means of escape in case of fire and shall also provide buckets of
substantial construction full of water or sand and/or chemical fire
extinguishers in suitable number and at suitable sites according to the nature
of work carried on and the size of the premises. (1)
Every dangerous part of machinery in an establishment
other than a shop shall be securely fenced by safeguards of substantial
construction which shall be kept in position while the part of machinery is in
motion or in use. (2)
In every establishment where manufacturing process is
carried on with the aid of electric power, suitable devices for disconnecting
the power supply during the emergencies from running machinery shall be
provided and maintained. (3)
No employee, with loose fitting clothes on, shall be
allowed or made to work near the moving machinery or belt and the tight fitting
clothes for the purpose shall be provided by the employer. In
every establishment other than a shop, a first aid box shall be kept and it
shall contain the following equipment together with a book of instructions on
first aid namely:- (i)
3 small sterilised dressings; (ii)
2 medium size sterilized dressings; (iii)
2 large size sterilized dressings; (iv)
2 large size sterilized burn dressings; (v)
2 (15.0 grams) packets sterilized cotton wool; (vi)
1 pair of dressing scissors; (vii)
1 (30.0 grams) bottle containing solution of salvolatine
having the dose and mode of administration indicated on the label; (viii)
1 (30.0 grams) bottle containing solution of iodine or
mecurrichrome; (ix)
1 (30.0 grams) bottle containing Potassium Permanganate
crystals; (x)
any antidotes for burns. (1)
For the purposes of this rule, the term Regular
"Manual Transport of Load" means any activity which is continuously
or principally devoted to the manual transport of loads, or which normally
includes, eventhough intermittently, the manual transport of loads. (2)
The maximum permissible weight which may be transported
manually by an adult male worker shall not be more than fifty five kgs. and in
the case of women and young persons the maximum permissible weight shall not be
more than thirty kgs. (3)
No woman employee shall be assigned to manual transport
of loads during pregnancy or during the ten weeks following confinement. (4)
(i) Every employee who is assigned to manual transport of
loads other than light loads shall be given, prior to such assignment, adequate
training or instruction in working techniques, with a view to safeguarding
health and preventing accidents. (ii)
Such training or instruction should include methods of lifting, carrying,
putting down, unloading, stocking of different types of loads, and shall be
given by suitably qualified persons or institutions, and be followed up,
wherever practicable, by supervision on the job to ensure that the correct
methods are used. (iii)
Every employee occasionally assigned to manual transport of loads shall be
given appropriate instructions on the manner in which such operations may be
safely carried out. (5)
(i) Every employer shall make available, suitable
technical devices in order to limit or to facilitate the manual transport of
loads, which shall be used. (ii)
The packaging of loads which may be transported manually should be compact and
of suitable material and should as far as possible and appropriate, be equipped
with devices for holding and so designed as not to create risk of injury; for
example, it should not have sharp edges, projections or rough surfaces. (6)
(i) The employer shall arrange for the medical
examination of fitness for employment of each employees as far as practicable
and appropriate before assignment of the employees to manual transport of
loads. (ii)
Medical examination shall be made every one year in respect of each such
employee. (iii)
Employer shall bear the cost of medical examinations. (7)
The training or instructions provided for in this rule
shall not involve the employee in any expense. For
the purpose of the explanation of Section 37, ordinary rates of wages per hour
shall be calculated by dividing the total wages payable to a person employed
for the hours actually worked by him during the wage period by the number of
such hours in the wage period: Provided
that hours worked by a person employed in excess of the normal daily hours
during the wage period shall be excluded in calculating the number of hours
actually worked by him. (1)
(a) The Chief Inspector shall be the Authority competent
to approve, the acts and omissions in respect of which fines may be imposed and
to approve the purpose to which the fines realised shall be applied. (b)
Any employer requiring the power to impose fines in respect of any acts and
omissions on the part of the employees shall send to the Chief Inspector:- (i)
a list in English or in Telugu in duplicate, clearly
defining such acts and omissions; (ii)
in the case where the employer himself does not intend to
be the sole person empowered to impose fines, a list in duplicate showing those
appointments in his establishment the incumbents of which may pass orders
imposing fines and the class of establishment on which the incumbent of such
appointment may impose fines; and (iii)
a list showing the purpose to which the fines realised
shall be applied. (c)
The Chief Inspector may on receipt of the list prescribed in clause (a) or
sub-clause (iii) of clause (b) above after such enquiry as he considers
necessary, pass order either:- (i)
disapproving the list; or (ii)
approving the list either in its original form or as
amended by him in which case such list shall be considered to be an approved
list; Provided
that no orders disapproving or amending any list shall be passed unless the
employer shall have given an opportunity of showing cause orally or in writing
against such order. (d)
The employer shall display at or near the main entrance of the establishment or
at a conspicuous place a copy in English and in Telugu of the list approved
under clause (c) above. (e)
No fine shall be imposed by any person other than an employer or a person
holding an appointed name in the list submitted under clause (b). (2)
(a) Any employer desiring to impose fine on an employee
or to make a deduction from his wages for damage or loss shall explain
personally to the said person the act or omission, or damages or loss, in
respect of which the fine or deduction is proposed to impose, and shall hear
his explanation. The charge in respect of which it is proposed to impose the
fine or deduction and explanation of the person concerned shall be reduced to
writing, the signature of such employee shall be obtained. (b)
Any person other than employer imposing a fine or directing the making of a
deduction for damage or loss shall at once inform the employer of all
particulars so that the register prescribed in sub- rule (3) or sub-rule (4)
below may be duly completed. (3)
(a) The employer of any establishment in respect of which
he has obtained approval under sub-section (1) of Section 41 to a list of acts
and omissions in respect of which fines may be imposed, shall maintain a
Register of Fines in Form-X. (b)
At the beginning of the Register of Fines, the approved purpose or purposes on
which the fines are to be expended shall be entered and serially numbered. (c)
When any disbursements are made from the fines realised, a deduction entry of
the amount so expended shall be made in the Register of Fines, the
vouchers or receipts in respect of the amounts so expended shall be serially
numbered and kept separately, the serial number of each voucher or receipt and
the amount to which it relates being noted in the remarks column of the
register. If fine for more than one purpose has been approved, the entry of the
disbursements shall also indicate the purpose for which it is made. (4)
In every establishment in which deductions for damage or
loss are made, the employer shall maintain the register in Form-XI. Advance
of wages shall be subject to the following conditions, namely.- (1)
Any advance of wages not already earned shall not,
without the previous permission of the Labour Officer having jurisdiction,
exceed an amount equivalent to the wages earned by the employee during the
preceding two calendar months, or if he has not been employed for that period,
twice the wages, he is likely to earn during the subsequent calendar month. (2)
Any advance may be recovered in instalments by deductions
from wages, spread over not more than twelve months. (3)
No instalments by which an advance is repaid shall exceed
one fourth or where the wages for any wage period are not more than twenty
rupees, one fourth of the wages of any wage period in respect of which the
deduction is made. (4)
The amounts of all advances and all repayments of such
advances shall be entered in a Register of Advances in Form XII. (1)
The following acts and omissions shall be treated as
misconduct on the part of the employees:- (a)
Wilful insubordination or disobedience of instruction
whether alone or in combination with others or any lawful and reasonable order
of a superior; (b)
Striking work or inciting others to strike work in
contravention of the provisions of the Industrial Disputes Act, 1947; (c)
Damage, theft, fraud or dishonesty in connection with the
employer's business or property; (d)
Habitual absence without leave, or absence without leave
for more than five consecutive days or overstaying the sanctioned leave without
sufficient grounds or proper or satisfactory explanation; (e)
Engaging trade within the premises of the establishment; (f)
Unprovoked misbehaviour with customers, drunkenness,
riotous, disorderly or indecent behaviour in the premises of the establishment; (g)
Habitual neglect of work, or habitual negligence
disclosing any information in regard to the business/process of the
establishment to any unauthorised person which may be prejudicial to the
interest of the establishment; (h)
Gambling within the premises of the establishment; (i)
Conviction by any Court of Law for any criminal offence
involving moral turpitude. (2)
Every employer shall display or cause to be displayed at
or near the main entrance or at any conspicuous place of the establishment a
copy of the list of acts and omissions specified under sub-rule (1) above in
English and Telugu. If the establishment consists of several departments, such
lists shall be displayed in each department. (1)
No employer shall terminate the services of an employee
unless an enquiry is held against the employee concerned in respect of any
alleged misconduct in the manner set forth in sub-rule (2). (2)
An employee against whom an enquiry has to be held he
shall be given a charge-sheet clearly setting forth the circumstances appearing
against him and requiring explanation. He shall be given an opportunity to
answer the charge and shall also be permitted to produce witnesses in his
defence and cross-examine any witness on whose evidence the charge rests. Act
concise summary of the evidence led on either side and the employee's plea
shall be recorded and signature of the parties obtained. (3)
In awarding punishment under this Rule, the employer
shall take into account the gratuity of the misconduct, the previous record, if
any of the employee and any other extenuating or aggravating circumstances that
may exist: Provided
that no punishment shall be awarded based on the previous record and other
circumstances that may exist unless the employee has been given an opportunity
of making representation in respect of those charges. (1)
An appeal under sub-section (1) of Section 48 shall be
preferred to the Appellate Authority by the employee within 60 days from the
date of service of the order terminating his services with the
employer, such service shall be deemed to be effective, if carried out
either personally if that is not practicable, by prepaid registered post to his
last known address, when the date of such service shall be deemed to be the
date when the letter would arrive in ordinary course of post: Provided
that the Appellate Authority may admit an appeal after the expiration of the
period of sixty days where the appellant satisfies the Appellate Authority that
he had sufficient cause for not preferring the appeal within the stipulated
period of sixty days. (2)
(a) The procedure to be followed by the Appellate
Authority for hearing appeals preferred to it under sub-section (1) of Section
48 shall be summary. It shall pass orders giving its reasons therefor. A
Register of Appeals in Form XIII shall be maintained by the Appellate Authority
wherein the particulars of the appeal and summary of the final order shall be
recorded. (b)
If the employer fails to appear on the specified date, the Authority may
proceed to hear and determine the application ex parte. (c)
If the employer fails to appear on two successive dates of hearing, the
Authority may dismiss the application: Provided
that an order passed under clause (b) or clause (c) above may be set aside and
the application re-heard, if any good cause being shown by the defaulting party
within one month from the date of the said order, after service of notice to
opposite party. (d)
The parties shall not be entitled to produce additional evidence whether oral
or documentary before the Appellate Authority. But it can be entertained on the
following grounds: (i)
the employer from whose order the appeal is preferred has
refused to admit evidence which ought to have been admitted; or (ii)
the Appellate Authority requires any document to be
produced or any witness to be examined to enable it to pass orders or for any
other substantial cause, the Authority may allow such evidence or document to
be produced or witness to be examined. (e)
Wherever additional evidence is allowed to be produced by the Appellate
Authority, it shall record the reasons for its admission. (f)
The result of the appeal shall be communicated to the parties as soon as
possible. Copies of the orders shall also be furnished to the parties if
required by them. The copies shall be on stamped papers to be furnished by the
parties. (3)
The second Appellate Authority shall follow the same
procedure as enumerated in sub-rule (2) above. He shall also maintain a
Register of Second Appeals in Form XV. Any
person desiring to act on behalf of the employee whose appeal against
termination of his services is pending disposal or the employer thereto shall
present to Appellate Authority a Letter of Authorisation in Form XIV from the
employee or employer as the case may be, on whose behalf he seeks to act,
together with a written statement explaining his interest on the matter and
praying for permission so to act. The Appellate Authority shall record thereon
an order either according his approval or specifying in the case of refusal to
grant permission prayed for the reasons for such refusal. An
application for payment of Wages for service compensation etc., by or on behalf
of an employee or group of employees, shall be made in duplicate in Form XVI or
Form XVII as the case may be, one copy of which shall bear Court fee prescribed
in Rule 27. The
Authorisation to act on behalf of an employee, employees employer under Section
51 or Section 52 of the Act shall be given in Form XVIII by an instrument which
shall be presented to the Authority hearing the application and shall form part
of the record. (1)
Any other person desiring to act on behalf of any
employee shall present to the Authority under Section 50 of the Act, a brief
written statement explaining his interest in the matter praying for permission
so to act, and the Authority shall record thereon an order specifying, in the
case of a refusal to grant the permission prayed for, the reasons of such
refusal shall be furnished. (2)
Applications under Rule 23 above other documents relevant
to such applications shall be presented either in person to the Appellate
Authority appointed under Section 50 of the Act or shall be sent to the
Appellate Authority by registered post, acknowledgement due and the Authority
shall at once endorse or cause to be endorsed on each such application or other
document the date of presentation or receipt thereof, as the case may be. (3)
On receipt of an application under Rule 23 above, the
Appellate Authority shall issue a notice in Form XIX calling upon the applicant
as well as the employer, as the case may be, to appear before him on a
specified date together with all relevant documents and witnesses, if any. (4)
If the employer fails to appear on the specified date,
the authority may proceed to hear and determine the application ex parte. (5)
If the applicant fails to appear on the two successive
specified dates, the authority may dismiss the application: Provided
that an order passed under sub-rule (4) or sub-rule (5) above may be set aside
on sufficient cause being shown by the defaulting party within one month of the
date of the said order and the application shall then be reheard after service
of notice on the opposite party of the date fixed for rehearing in the manner
specified in sub-rule (3). (6)
The Authority dealing with the applications under Section
51 of the Act shall maintain a register in Form XX. (7)
The Authority dealing with the appeals under sub-section
(1) of Section 53 of the Act shall follow the same procedure as prescribed for
the authority under Section 50 of the Act in dealing with the appeals. He shall
maintain a register in Form XXI. (1)
Where the Authority appointed under Section 48 or Section
50 of the Act, as the case may be, directs that any cost shall not follow the
event, the reasons for the directions shall be recorded in writing by such
Authority. (2)
The costs which may be awarded shall include:- (i)
Expenses incurred on account of Court Fee, (ii)
Expenses incurred on subsistance money to witnesses, and (iii)
Pleader's fee to the extent of ten rupees provided that
the Authority in any proceedings may reduce the fees to a sum not less than
five rupees or, for reasons to be recorded in writing, increase it to a sum not
exceeding thirty rupees. (3)
Where there are more than one pleader or more than one
applicant or opponent the Authority may, subject to the conditions as
aforesaid, award to the successful party or parties such costs as it may deem
proper. (4)
The fee payable for obtaining the copies of document
filed with the Authority shall be as prescribed in TELANGANA Court-fees and
Suits Valuation Act: Provided
that such Authority may in consideration of the poverty of the applicant grant
copies free of cost. The
Court-fee payable in respect of proceedings shall be as prescribed in
Schedule-III. (1)
The Inspector shall make such inspection as may appear to
him to be necessary for the purpose of satisfying himself that the provisions
of the Act and of the Rules and any orders issued by the Government under the
Act are duly observed. In particular, he shall satisfy himself- (i)
that the establishments are duly registered under the
Act; (ii)
that the registers, records and notices required to be
maintained or displayed under the Act or rules are properly maintained or
displayed; (iii)
that the intervals of rest and holidays required to be
granted or observed under the Act or granted or observed and that the limit of
hours of work and spread over laid down under the Act are not exceeded; (iv)
that the provisions of the Act and any orders issued by
the Government regarding the opening and closing hours are duly observed; (v)
that every employee in an establishment is furnished with
a letter of appointment; (vi)
that the provisions of the Act and rules regarding leave,
holidays with wages and maternity benefit are properly observed; (vii)
that the provisions of the Act and the rules relating to
cleanliness, ventilation, precautions against fire and safety of employees are
properly observed; (viii)
that the provisions of the Act relating to the payment of
overtime work are duly observed; and (ix)
that no child is allowed to work in any establishment. (2)
For carrying out such inspection, the Inspector may
interrogate such persons in the premises, as he may deem necessary: Provided
that no such person shall be required under this rule, to answer any question,
the answer to which might tend to incriminate him. Every
employer shall maintain registers and records and display notices in the
following manner:- (1)
Every employer shall maintain a Register of Employment in
Form XXII. (2)
Every employer shall maintain a Register of Wages in Form
XXIII. (3)
Every employer of an establishment other than a shop
shall exhibit in his establishment a notice in Form XXIV specifying the day or
days of the week on which his employees shall be given a holiday. The notice
shall be exhibited, before the employees, to whom it relates immediately
preceding the first week during which it is to have effect. (4)
Every employer shall exhibit in his establishment a
notice containing such abstracts of the Act and Rules as the Government may
direct. (5)
Any notice required to be exhibited under these Rules
shall be exhibited in such manner that it can be readily seen and read by any
person whom it affects and shall be renewed whenever becomes defaced or
otherwise ceased to be clearly legible. (6)
Every employer shall maintain a Register in Form XXV for
the leave granted to persons employed in his establishment. (7)
In any register or record which an employer is required
to maintain under these rules, the entries relating to any day, shall be made
on such date and shall be authenticated under the signature of the employer or
the Manager on the same day. The entries relating to overtime work shall be
made before the commencement and immediately after completion of such overtime
work. (8)
The registers, records and notices relating to any
calendar year shall be preserved for a period of three years after the last
entry is made therein. (9)
Save as otherwise provided in sub-rule (4) above, all
Registers, records and notices required to be maintained and exhibited shall be
either in English or in the language of the majority of the employees in the
establishment. (10)
(a) Every employer shall maintain a Visit Book in which
an Inspector visiting the establishment may record his remarks regarding any
defects that may come to light at the time of his visit or give directions
regarding production of any documents required to be maintained or produced
under the provisions of the Act and the Rules. (b)
This Visit Book shall be a bound book more or less of size (18 cms. X 15 cms.)
containing atleast 100 pages. (c)
The first page of the Visit Book shall contain the following particulars:- (i)
Name of the Shop or Establishment; (ii)
Address; (iii)
Registration Number; (iv)
Name of the Employer; (v)
Father's Name; (vi)
Residential Address. (d)
In case the Visit Book containing remarks passed by the Inspectors, lost,
destroyed or defaced, the employer of the establishment shall report the fact
forthwith in writing to the Inspector of the area and immediately arrange to
maintain a new Visit Book. (e)
The Visit Book shall be kept always in the business premises of the
Establishment and shall be produced or caused to be produced on demand by the
Inspector. (11)
Where an office, store-room, godown, warehouse or
workplace used in connection with trade and business of a shop is situated at
premises other than the premises of the shop, all registers, records, visit
book and notices required to be maintained, exhibited or given under the Act
and the Rules shall be separately so maintained, exhibited or given in respect
of and at such office, store-room, godown, warehouse or workplace. (12)
No employer with intent to deceive shall make or cause or
allow to be made, in any register, record or notice prescribed to be maintained
under the provisions of the Act or the Rules, an entry which is false in any
material particular, or wilfully omits or causes or allows to be omitted from
any such register, record or notice, an entry which is required to be made
therein, under the provisions of the Act and Rules, or maintain or cause or
allow to be maintained, more than one set of any register, record or notice. (13)
The name board of every shop or establishment shall be in
Telugu and wherever other languages are used, the versions in such other
languages shall be below the Telugu version. Every
employer shall furnish to all employees with the Letters of Appointment, with
the photograph of the employee in Form XXVI affixed thereon and obtain
acknowledgement in token of having served also the said letter. He shall
prepare the Letter of Appointment in triplicate, issue the original copy to the
employee, retain the duplicate copy with him and the triplicate copy shall be
handed over to the Inspector of the area concerned. If
an application made by an employer or Manager in writing, the Deputy Commissioner
of Labour of the area concerned is satisfied that any muster roll, register or
record maintained by the employer or Manager gives in respect of all or
any of the employees in his establishment the particulars required to be shown
in any register, record or notice prescribed under these rules, the Deputy
Commissioner of labour of the area concerned may, by order in writing direct
that such muster roll, register or record shall, to the corresponding extent be
maintained in place of such register, record or notice prescribed under this
rule, as the case may be: Provided
that no wages register need be maintained where a wage register under the
TELANGANA Minimum Wages Rules, 1960 is maintained. Any
information or document required by the Inspector for carrying out the purposes
of the Act and the Rules shall be furnished to him by the employer of an
establishment within fifteen days from the date of receipt of such requisition
by the employer: Provided
that the Inspector can extend such period as is necessary and in no case
exceeding three months, for valid reasons on application by the employer. Every
employer having ten or more employees shall send a return in Form XXVII for
months ending March, June, September and December of every year so as to reach
the Inspector within whose jurisdiction the establishment is situated not later
than 10th day of the month following the month to which the return relates. Any
employer who contravenes any of the provisions of these Rules shall, on
conviction, be punished with a fine which may extend to fifty rupees. For
a second offence with fine which shall be not less than one hundred rupees but
which may extend to two hundred rupees and for the third or subsequent
offences, with a fine which shall not be less than two hundred and fifty rupees
but which may extend to rupees five hundred. The
TELANGANA Shops and Establishments Rules, 1968 are hereby repealed: Provided
that any order made or action taken under the rules so repealed shall be deemed
to have been made or taken under the corresponding provisions of these rules: Provided
further that any proceedings relating to the trial of any offence punishable
under the provisions of the rules so repealed shall be continued and completed
as if the said rules had not been repealed but had continued in operation and
any penalty imposed on such proceedings shall be recovered under the rules so
repealed. TELANGANA SHOPS AND ESTABLISHMENTS RULES, 1990
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TELANGANA SHOPS AND ESTABLISHMENTS RULES, 1990
TELANGANA SHOPS AND ESTABLISHMENTS RULES, 1990
Rule - 1. Short title.
Rule - 2. Definitions.
Rule - 3. Registration of Establishments and Renewal of Registration Certificate.
Rule - 4. Payment of Fees.
Rule - 5. Issue of duplicate Registration Certificate.
Rule - 6. Notice of Change.
Rule - 7. Authority to whom appeals shall lie against revocation of suspension of registration certificate.
Rule - 8. Form of appeal, mode of submission and procedure to be followed by the appellate authority.
Rule - 9. Ascertainment of age by the Inspectors.
Rule - 10. Maternity Benefit.
Rule - 11. Cleanliness.
Rule - 12. Precautions against fire.
Rule - 13. Safety.
Rule - 14. First Aid Appliances.
Rule - 15. Maximum permissible load, training and instruction, medical examination and provision of technical devices.
Rule - 16. Manner of calculating ordinary rate of wages.
Rule - 17. Fines and deductions for damage or loss.
Rule - 18. Advances.
Rule - 19. Acts and Omissions constituting misconduct.
Rule - 20. Procedure for terminating the services of an employee.
Rule - 21. Appeals.
Rule - 22. Permission to act on behalf of employee or employer.
Rule - 23. Application for payment of Wages or service compensation etc.
Rule - 24. Authorisation.
Rule - 25. Procedure for dealing with application for recovery of wages of service compensation.
Rule - 26. Costs.
Rule - 27. Court-fees.
Rule - 28. Duties of Inspectors.
Rule - 29. Maintenance of registers and records and display of notices.
Rule - 30. Letter of Appointment.
Rule - 31. Admissibility of Forms other than those prescribed in the Rules.
Rule - 32. Period of supplying information required by Inspector.
Rule - 33. Periodical returns.
Rule - 34. Penalty.
Rule - 35. Repeal and savings.