[1]THE ANDHRA PRADESH SHOPS AND ESTABLISHMENTS RULES, 1990 In exercise of the powers conferred by sub-section (1) of Section 71 of
the Andhra Pradesh Shops and Establishments Act, 1988 (Act 20 of 1988) the
Governor of Andhra Pradesh hereby makes Andhra Pradesh Shops and Establishments
Rules as provided in the Annexure, the same having been previously published as
required by sub-section (3) of Section 71 of the said Act. These rules may be called the Andhra Pradesh Shops and Establishments
Rules, 1990. In these rules, unless the context otherwise requires. (a)
"Act"
means the Andhra Pradesh Shops and Establishments Act, 1988; (b)
"Family
Members" means father, mother, wife, husband, sons, daughters, sisters and
brothers, wholly dependent on the earnings of the employer; (c)
"Form"
means a form appended to these Rules; (d)
"Government"
means the State Government of Andhra Pradesh; (e)
"Section"
means a Section of the Act; (f)
Words and
expressions used but not defined in these rules shall have the same meanings
assigned to them in the Act. (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 a Registration in Form-II. (4)
Every
application for renewal of Registration Certificate made under Section 4 of the
Act shall be submitted by the employer to the Inspector of the area concerned
in Form-III. The application for renewal of Certificate of Registration shall
be accompanied by a challan for the fees prescribed in Schedule-I. (5)
The period
of renewal of Certificate of Registration shall be one year or upto three years
from the date of its expiry, at the option of the employer. (6)
On receipt
of application for renewal of Certificate of Registration, the Inspector shall
issue Renewal of Registration Certificate in Form-IV. (7)
Where the
application for Renewal of Registration Certificate is not made within the date
i.e., atleast 30 days before its expiry, penalty as specified below shall be
levied. 1.
Application submitted on or after 2nd 25% of the
fees prescribed. December, but before 31st December. 2.
Application submitted on or after 50% of the
fees prescribed. 1st January. 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 fees 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 fee remitted as specified in
Schedule-I. (2)
On receipt
of notice of change the Inspector shall amend the Certificate of Registration
or issue a fresh one, if necessary and sent it to the employer. (3)
Where the
Inspector cancels the Certificate of Registration on receipt of information
with regard to the closure of Shop/Establishment, he shall intimate the
employer about the cancellation of the Registration Certificate. The
communication to the employer shall be sent under Certificate of posting. 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
re-submit the appeal duly amended as directed by the Appellate Authority within
a period of thirty days from the date of its return. (5)
Where the
memorandum of appeal is in order, the Appellate Authority shall admit the
appeal, endorse thereon the date of presentation and shall register the appeal
in the Register of Appeals in Form VIII. (6)
Where the
appeal is admitted, the Appellate Authority shall obtain the connected records from
the Inspector concerned against whose order the appeal has been preferred. (7)
The
Appellate Authority shall give an opportunity to the appellant for being heard,
by fixing a date. (8)
If, on the
date fixed for personal hearing, the appellant does not appear, the Appellate
Authority shall decide the appeal on the basis of the records made available to
him and shall communicate his order to the appellant. 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
of age 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 a woman dies during this period, the maternity benefit
shall be payable only for the days upto and including the day of her death. (3)
In case of
miscarriage, the woman employee shall on production of a certificate granted to
that effect by a Registered Medical Practitioner, be entitled to the maternity
benefit for a period of six weeks immediately following the date of her
miscarriage. (4)
The amount
payable to a woman employee a maternity benefit in accordance with aforesaid
rules shall, for the purposes of its recovery be deemed to be wages as defined
under sub-section (23) of Section 2 of the Act. (5)
Payment in
respect of claim of maternity benefit shall be made by the employer to the
woman employee concerned or to a person authorised by her in writing. In the
case of her death, the same shall be payable to her legal heirs. (6)
No woman
employee having more than two children shall be eligible for maternity benefit. (1)
The premises
of every establishment shall be kept clean in the following manner. (i)
(a) In every
establishment, all the inside walls of the rooms and all the ceilings of such
rooms (Whether such walls or ceilings be plastered or not) and all the passages
and stair cases shall be 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, windows frames, and other wood work with
the exception of floors shall be either transparent-washed 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 metres from the floor. (iv)
any other
establishment or part thereof in which transparentwashing, 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 floors shall be swept or otherwise cleaned atleast
once daily, and the ceiling shall be dusted atleast once a month. (5)
The employer
shall enforce the proper use of latrines and urinals and prevent pollution by
excreta or urine on the surface of the ground in the vicinity of the latrine or
the urinals and in the compound of the establishment. The employer shall make
suitable arrangements for the regular cleaning and conserving of the latrines
and urinals to the satisfaction of the Inspector. (6)
Employer
shall provide drinking water and keep the area around the place of drinking
water clean and properly drained. Every establishment shall provide under sub-section (1) of Section 28
with adequate means of escape in case of fire and shall also provide buckets of
substantial construction full of water or sand and/ or chemical fire
extinguishers in suitable number and at suitable sites according to the nature
of work carried on and the size of the premises. (1)
Every
dangerous part of machinery in an establishment other than a shop shall be
securely fenced by safeguards of substantial construction which shall be kept
in position while the parts of machinery are in motion or in use. (2)
In every
establishment where manufacturing process is carried on with the aid of electric
power, suitable devices for disconnecting the power supply during the
emergencies from running machinery shall be provided and maintained. (3)
No employee,
with loose fitting clothes on, shall be allowed or made to work near the moving
machinery or belt and the tight fitting clothes for the purpose shall be
provided by the employer. 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 salvo latrine having the dose and
mode of administration indicated on the label; (viii)
1 (30.0
grams) bottle containing solution of iodine or mercurochrome; (ix)
1 (30.0
grams) bottle containing Potassium Permanganate crystals; (x)
any
antidotes for burns. (1)
For the
purposes of this rule, the term 'Manual Transport of Load' means any act which
is continuously or principally devoted to the manual transport of loads, or
which normally includes, even though intermittently, the manual transport of
loads. (2)
The maximum
permissible weight which may be transported manually by an adult male worker
shall not be more than fifty five kgs. and in the case of women and young
persons the maximum permissible weight shall not be more than thirty Kgs. (3)
No woman
employee shall be assigned to manual transport of loads during pregnancy or
during the ten weeks following confinement. (4)
(i) Every
employee who is assigned to manual transport of loads other than light
loads shall be given, prior to such assignment, adequate training or
instruction in working techniques, with a view to safeguarding health and
preventing accidents. (ii) Such training or instruction should include methods of lifting,
carrying, putting down, unloading and stocking of different types of loads, and
shall be given by suitable qualified persons or institutions, and be followed
up, wherever practicable, by supervision on the job to ensure that the correct
methods are used. (iii) Every employee occasionally assigned to manual transport of loads
shall be given appropriate instructions on the manner in which such operations
may be safely carried out. (5)
(i) Every
employer shall make available, suitable technical devices in order to
limit or to facilitate the manual transport of loads, which shall be used. (ii) The packaging of loads which may be transported manually should be
compact and of suitable material and should as far as possible and appropriate,
be equipped with devices for holding and so designed as not to create risk of
injury; for example, it should not have sharp edges, projections or rough
surfaces. (6)
(i) The
employer shall arrange for the medical examination of fitness
for employment of each employee as far as practicable and appropriate
before assignment of the employees to manual transport of loads. (ii) Medical examinations shall be made every one year in respect of
each such employee. (iii) Employer shall bear the cost of Medical Examinations. (7)
The training
or instructions provided for in this rule shall not involve the employee in any
expense. For the purpose of the explanation to Section 37, ordinary rates of
wages per hour shall be calculated by dividing the total wages payable to a
person employed for the hours actually worked by him during the wage period by
the number of such hours in the wage period: Provided that hours worked by a person employed in excess of the normal
daily hours during the wage period shall be excluded in calculating the number
of hours actually worked by him. (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 each such appointment may
impose fines, and (iii)
a list
showing the purpose to which the fines realised shall be applied. (c) The Chief Inspector may on receipt of the list prescribed in sub
clause (i) or sub-clause (iii) of Clause (b) above after such enquiry as he
considers necessary, pass orders either. (i)
disapproving
the list, or (ii)
approving
the list either in its original from or as amended by him in which case such
list shall be considered to be an approved list: Provided that no order disapproving of amending any list shall be passed
unless the employer shall have been given an opportunity of showing cause
orally or in writing against such order. (d) The employer shall display at or near the main entrance of the
establishment or at a conspicuous place a copy in English and in Telugu of the
list approved under Clause (c) above. (e) No fine shall be imposed by any person other than an employer or a
person holding an appointed name in the list submitted under Clause (b). (2)
(a) Any
employer desiring to impose fine on an employee or to make a deduction
from his wages for damage or loss shall explain personally to the said person
the act or omission, or damages or loss, in respect of which the fine or
deduction is proposed to impose, and shall hear his explanation. The charge in
respect of which it is proposed to impose the fine or deduction and explanation
of the person concerned shall be reduced to writing, the signature of such
employee shall be obtained. (b) Any person other than employer imposing a fine or directing the
making of a deduction for damage or loss shall at once inform the employer of
all particulars so that the register prescribed in sub-rule (3) or sub-rule (4)
below may be duly completed. (3)
(a) The
employer of any establishment in respect of which he has obtained approval
under sub-section (1) of Section 41 to a list of acts and omissions in respect
of which fines may be imposed, shall maintain in a Register of Fines in Form-X. (b) At the beginning of the Register of Fines, the approved purpose or
purposes on which the fines are to be expended shall be entered and serially
numbered. (c) When any disbursements are made from the fines realised, a deduction
entry of the amount so expended shall be made in the Register of Fines, the
vouchers or receipts in respect of the amounts so expended shall be serially
numbered and kept separately, the serial number of each voucher or receipt and
the amount to which it relates being noted in the remarks column of the
register. If fine more than one purpose has been approved, the entry of the
disbursements shall also indicate the purpose for which it is made. (4)
MIn 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 installments by deduction from wages, spread over not more
than twelve months. (3)
No
installments by which an advance is repaid shall exceed one fourth or where the
wages for any wage period are not more than twenty rupees one fourth of the
wages for any wage period in respect of which the deduction is made. (4)
The amounts
of all advances and all repayments of such advances, shall be entered in a
Register of Advances in Form XII. (1)
The
following acts and omissions shall be treated as misconduct on the part of the
employees. (a)
Willful
insubordination or disobedience of instructions whether alone or in combination
with others or any lawful and reasonable order of a superior; (b)
Striking
work or inciting others to strike work in contravention of the provisions of
the Industrial Disputes Act, 1947; (c)
Damage,
theft, fraud or dishonesty in connection with the employer's business or
property; (d)
Habitual
absence without leave, or absence without leave for more than five consecutive
days or overstaying the sanctioned leave without sufficient grounds or proper
or satisfactory explanation; (e)
Engaging
trade within the premises of the establishment. (f)
Unprovoked
mis-behavior 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. A concise summary of the
evidence led on either side and the employee's plea shall be recorded and
signature of the parties obtained. (3)
In awarding
punishment under this Rule, the employer shall take into account the gravity of
the misconduct, the previous record, if any of the employee and 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
pre-paid registered post to his last known address, when the date of such
service shall be deemed to be the date when the letter would arrive in ordinary
course of post: Provided that the Appellate Authority may admit an appeal after the
expiration of the period of sixty days where the appellate satisfies the
Appellate Authority that he had sufficient cause for not preferring the appeal
within the stipulated period of sixty days. (2)
(a) The
procedure to be followed by the Appellate Authority for hearing appeals
preferred to it under sub-section (1) of Section 48 shall be summary. It shall
pass orders giving its reasons thereof. A register of Appeals in Form XIII
shall be maintained by the Appellate Authority wherein the particulars of the
appeal and summary of the final order shall be recorded. (b) If the employer fails to appear on the specified date, the Authority
may proceed to hear and determine the application ex parte. (c) If the applicant fails to appear on two successive dates of hearing,
the Authority may dismiss the application: Provided that an order passed under Clause (b) or Clause (c) above may
be set aside and the application re-heard, if any good cause being shown by the
defaulting party within one month from the date of the said order, after
service of notice to opposite party. (d) The parties shall not be entitled to produce additional evidence
whether oral or documentary before the Appellate Authority. But it can be
entertained on the following grounds: (i)
the employer
from whose order the appeal is preferred has refused to admit evidence which
ought to have been admitted; or (ii)
the
Appellate Authority requires any document to be produced or any witness to be
examined to enable it to pass orders or for any other substantial cause, the
Authority may allow such evidence or document to be produced or witness to be
examined. (e) Wherever additional evidence is allowed to be produced by the
Appellate Authority, it shall record the reason for its admission. (f) The result of the appeal shall be communicated to the parties as
soon as possible. Copies of the orders shall also be furnished to the parties
if required by them. The copies shall be on stamped papers to be furnished by
the parties. (3)
The Second
Appellate Authority shall follow the same procedure as enumerated in sub-rule
(2) above. He shall also maintain a Register of Second Appeal in Form XV. 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 the employer as the case may be, on whose behalf he seeks to
act, together with a written statement explaining his interest in the matter
and praying for permission so to act. The Appellate Authority shall record
thereon an order either according his approval or specifying in the case of
refusal to grant permission prayed for the reasons for such refusal. 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, employee/employer
under Section 51 or Section 52 of the Act shall be given in Form XVIII by an
instrument which shall be presented to the Authority hearing the application
and shall form part of the record. (1)
Any other
person desiring to act on behalf of any employee shall present to the Authority
under Section 50 of the Act a brief written statement explaining his interest
in the matter and praying for permission so to act, and the Authority shall
record thereon an order specifying, in the case of a refusal to grant the
permission prayed for, the reasons for such refusal shall be furnished. (2)
Applications
under Rule 23 above or other documents relevant to such applications shall be
presented either in person to the Appellate Authority appointed under Section
50 of the Act or shall be sent to the Appellate Authority by registered post,
acknowledgement due and the application or other document the date of
presentation of receipt thereof, as the case may be. (3)
On receipt
of an application under Rule 23 above the Appellate Authority shall issue a
notice in Form XIX calling upon the applicant as well as the employer, as the
case may be, to appear before him on a specified date together with all
relevant documents and witnesses, if any. (4)
If the
employer fails to appear on the specified date, the authority may proceed to
hear and determine the application 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
re-heard 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 a subsistence money to witnesses, and (iii)
Pleader's
fee to the extent of ten rupees provided that the Authority in any proceedings
may reduce the fees to a sum not less than five rupees or, for reasons to be
recorded in writing, increase it to a sum not exceeding thirty rupees. (3)
Where there
are more than one pleader or more than one applicant or opponents the Authority
may, subject to the conditions as aforesaid, award to the successful party or
parties such costs as it may deem proper. (4)
The fee
payable for obtaining the copies of the document filed with the Authority shall
be as prescribed in Andhra Pradesh Court Fees and Suits Valuation Act: Provided that such Authority may in consideration of the poverty of the
applicant grant copies free of cost. 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 (iii)
that the
Intervals of rest and holidays required to be granted or observed under the Act
or granted or observed and that the limit of hours of work and spread over laid
down under the Act are not exceeded. (iv)
that the
provisions of the Act and any orders issued by Government regarding the opening
and closing hours are duly observed; (v)
that every
employee in an establishment is furnished with a letter of appointment; (vi)
that the
provisions of the Act and rules regarding leave, holidays with wages and
maternity benefit are properly observed; (vii)
that the
provisions of the Act and rules relating to cleanliness, ventilation,
precautions against fire and safety of employees are properly observed; (viii)
that the
provisions of the Act relating to the payment of overtime work are duly
observed; and (ix)
that no
child is allowed to work in any establishment. (2)
For carrying
out such inspection, the Inspector may interrogate such persons in the
premises, as he may deem necessary: Provided that no such person shall be required under this rule, to
answer any question, the answer which might tend to incriminate him. Every employer shall maintain registers and records and display notices
in the following manner. (1)
Every
employer shall maintain a Register of Employment in Form XXII. (2)
Every
employer shall maintain a Register of Wages in Form-XXIII. (3)
Every
employer of an establishment other than a shop shall exhibit in his
establishment a notice in Form XXIV specifying the day or days of the week on
which his employees shall be given a holiday. The notice shall be exhibited, before
the employees to whom it relates immediately preceding the first week during
which it is to have effect. (4)
Every
employer shall exhibit in his establishment a notice containing such abstracts
of the Act and Rules as the Government may direct. (5)
Any notice
required to be exhibited under these Rules shall be exhibited in such manner
that it can be readily seen and read by any person whom it affects and shall be
renewed whenever becomes defaced or otherwise cease to be clearly legible. (6)
Every
employer shall maintain a Register in Form XXV for the leave granted to persons
employed in his establishment. (7)
In any
Register or record which an employer is required to maintain under these rules,
the entries relating to any day, shall be made on such date and shall be
authenticated under the signature of the employer or the Manager on the same
day. The entries relating to overtime work shall be made before the
commencement and immediately after completion of such overtime work. (8)
The
registers, records and notices relating to any calendar year shall be preserved
for a period of three years after the last entry is made therein. (9)
Save as
otherwise provided in sub-rule (4) above, all registers, records and notices
required to be maintained and exhibited shall be either in English or in the
language of the majority of the employees in the establishment. (10)
(a) Every
employer shall maintain a Visit Book in which an Inspector visiting the
establishment may record his remarks regarding any defects that may come to
light at the time of his visit to give directions regarding production of any
documents required to be maintained or produced under the provisions of the Act
and the Rules. (b) The Visit Book shall be a bound book more or less of size (18 Cms. x
15 Cms.) containing atleast 100 pages. (c) The first page of the Visit Book shall contain the following
particulars. (i)
Name of the
Shop or Establishment; (ii)
Address; (iii)
Registration
Number; (iv)
Name of the
Employer; (v)
Father's
Name; (vi)
Residential
Address. (d) In case the Visit Book containing remarks passed by the Inspectors
lost, destroyed or defaced, the employer of the establishment shall report the
fact forthwith in writing to the Inspector of the area and immediately arrange
to maintain a new Visit Book. (e) The Visit Book shall be kept always in the business premises of the
Establishment and shall be produced or caused to be produced on demand by the
Inspector. (11)
Where an
office, store-room, godown, warehouse or workplace used in connection with
trade and business of a shop is situated at premises other than the premises of
the shop, all registers, records, Visit Book and notices required to be
maintained, exhibited or given under the Act and the Rules shall be separately
so maintained, exhibited or given in respect of and at such office, store-room,
godown, warehouse or workplace. (12)
No employer
with intent to deceive shall make or cause or allow to be made, in any
register, record or notice prescribed to be maintained under the provisions of
the Act or the Rules, an entry which is false in any material particular, or
willfully omits or causes or allows to be omitted from any such register,
record or notice, an entry which is required to be made therein, under the
provisions of the Act and Rules, or maintain or cause or allow to be maintained,
more than one set of any register, record of notice. (13)
The name
board of every shop or establishment shall be in Telugu and wherever other
languages are used, the versions in such other languages shall be below the
Telugu version. Every employer shall furnish to all employees with the Letters of
Appointment, with the photograph of the employee in Form XXVI affixed thereon
and obtain acknowledgement in token of having served the said letter. He shall
prepare the Letter of Appointment in triplicate, issue the original copy to the
employee, retain the duplicate copy with him and the triplicate copy shall be
handed over to the Inspector of the area concerned. If on an application made by an employer or Manager in writing, the
Deputy Commissioner of Labour of the area concerned is satisfied that any
muster roll. Register or record maintained by the employer or Manager gives in
respect of all or any of the employees in his establishment the particulars
required to be shown in any register, record or notice prescribed under these
rules, the Deputy Commissioner of Labour of the area concerned may by order in
writing direct that such muster roll, register or record shall, to the
corresponding extent be maintained in place of such register, record or notice
prescribed under this rule, as the case may be: Provided that no wage register need be maintained where a wage register
under the Andhra Pradesh 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 with 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 not be less than one hundred
rupees but which may extend to two hundred rupees and for the third or
subsequent offences, with a fine which shall not be less than two hundred and
fifty rupees but which may extend to rupees five hundred. The Andhra Pradesh Shops and Establishments Rules, 1968 are hereby
repealed: Provided that any order made or action taken under the rules so repealed
shall be deemed to have been made or taken under the corresponding provisions
of these rules; Provided further that any proceedings relating to the trial of any
offence punishable under the provisions of the rules so repealed shall be
continued and completed as if the said Rules had not been repealed but had
continued in operation and any penalty imposed on such proceedings shall be
recovered under the rules so repealed.THE ANDHRA PRADESH SHOPS AND ESTABLISHMENTS RULES, 1990
PREAMBLE