Use our app for the best experience
Available for Android & iOS
ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988
(1) This Act may be called Andhra Pradesh Shops and Establishments Act, 1988.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by notification, appoint.
(4) It shall apply
(i) in the first instance to all areas in which the Andhra Pradesh Shops and Establishments Act, 1966 was in force immediately before the commencement of this Act;
(ii) to such other areas in the State on such date as the Government may, by notification, specify.
In this Act, unless the context otherwise requires
(1) apprentice means a person who is employed whether on payment of wages or not, for the purpose of being trained in any trade, craft or employment in any establishment;
(2) Chief Inspector means the Chief Inspector appointed under Section 57;
(3) Child means a person who has not completed fourteen years of age;
(4) Closed means not open for the service of any customer, or for any trade or business or for any other purpose connected with the establishment except loading, unloading and annual stock taking;
(5) commercial establishment means an establishment which carries on any trade, business, profession or any work in connection with or incidental or a
(1) Every employer of an establishment shall,
(i) in the case of an establishment existing on the date of commencement of this Act, within thirty days from that date; and
(ii) in the case of a new establishment, within thirty days from the date on which the establishment commences its work, send to the Inspector concerned a statement containing such particulars, together with such fees, as may be prescribed.
(2) On receipt of such statement, the Inspector shall register the establishment in the register of establishments in such manner as may be prescribed and shall issue in the prescribed form a registration certificate to the employer who shall display it at a prominent place of the establishment.
(3) Every registration certificate issued under s
(1) The Inspector may, on an application made by the employer accompanied by the fees prescribed therefor, renew the registration certificate for a period of one year or for such number of years as may be prescribed, commencing from the date of its expiry.
(2) Every application for the renewal of the registration certificate shall be made in such form and in such manner as may be prescribed so as to reach the Inspector not later than thirty days before the date of its expiry:
Provided that, an application for the renewal of a registration certificate received not later than thirty days after its expiry may be entertained by the Inspector on the applicant paying such penalty as may be prescribed, by the Government from time to time.
(3) An applicant for the renewal of a registration certificat
If the Inspector is satisfied, either on a reference made to him in this behalf or otherwise, that
(a) The Registration Certificate granted under Section 3 or renewed under Section 4 has been obtained by mis representation, fraud or suppression of any material fact; or
(b) the employer has wilfully contravened any of the provisions of this Act or the Rules made thereunder. the Inspector may without prejudice to any other penalty to which the employer may be liable under this Act, revoke or suspend the Registration Certificate, after giving the employer an opportunity of showing cause.
(1) Any person aggrieved by an order made under Section 5 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority as may be prescribed:
Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from the filing the appeal in time.
(2) On receipt of an appeal under sub section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal within two months.
(1) No shop shall on any day be opened earlier or closed later than such hour as may, after previous publication, be fixed by the Government by a general or special order in that behalf:
Provided that, any customer who was being served or was waiting to be served in any shop at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour.
(2) The Government may, for the purposes of this section, fix different hours for different classes of shops or for different areas or for different time of the year.
No person shall carry on, in or adjacent to, a street or public place, the sale of any goods, before the opening and after the closing hours fixed under Section 7 for the shops dealing in any kind of goods in the locality in which such street or public place is situated:
Provided that, nothing in this section shall apply to the sale of
(i) Newspapers;
(ii) Flowers;
(iii) pan
(iv) vegetables and fruits; and
(v) such other goods as the Government may, by notification, specify from time to time.
(1) Subject to other provisions of this Act, no employee in any shop shall be required or allowed to work therein for more than eight hours in any day and forty eight hours in any week.
(2) Any employee may be required or allowed to work in a shop for any period in excess of the limit fixed under sub section (1), on payment of overtime wages, subject to a maximum period of six hours in a week.
(3) For the purpose of stock taking and preparation of accounts, an employer may, with the previous intimation to the Inspector, require or allow any employee to work in a shop for not more than any six days in a year in excess of the period fixed in sub section (1), on payment of overtime wages; so however, that the excess period shall not in aggregate exceed twenty four hours.
No employee in any shop shall be required or allowed to work therein for more than five hours in any day unless he has had an interval for rest of at least one hour:
Provided that, an employee who was serving a customer at the commencement of the interval may be required to serve him during the quarter of an hour immediately following such commencement.
The periods of work of an employee in a shop shall be so arranged that along with his intervals for rest, they shall not spread over for more than twelve hours in any day:
Provided that, where an employee works on any day for the purpose of stock taking and preparation of accounts, the spread over shall not exceed fourteen hours in any such day on payment of overtime wages.
(1) Every shop, whether with or without employees, shall remain closed on every Sunday which shall be a holiday for every employee in the shop:
Provided that the Chief Inspector may, by notification, specify in respect of any shop or class of shops or in respect of shops or class of shops in any area any day in the week instead of Sunday on which day such shop or class of shops shall remain closed.
(2)
(a) The Chief Inspector may, by notification, require in respect of any specified class of shops that they shall in addition to the weekly holiday mentioned in sub section (1), be closed for one half day in a week, as may be fixed by the Government;
(b) Every employee in any shop to which a notification under Clause (a) applies, shall be allowed in
I n addition to the holidays mentioned in Section 12, the Chief Inspector may, by notification, and with the previous approval of the Government, require in respect of any specified class of shops that they shall be closed on any specified day or days in the public interest.
The provisions of this Chapter shall apply only to establishments other than shops.
(1) No establishment shall on any day be opened earlier, or closed later, than such hour as may, after previous publication, be fixed by the Government by general or special order in that behalf: Provided that, in the case of a restaurant or eating house, any customer who was being served or was waiting to be served therein at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour.
(2) The Government may, for the purpose of this section, fix different hours for different classes of establishments or for different areas or for different times of the year.
(1) Subject to the provisions of this Act, no employee in any establishment shall be required or allowed to work therein for more than eight hours in any day and forty eight hours in any week.
(2) Any employee may required or allowed to work in an establishment for any period in excess of the limit fixed under sub section (1), on payment of over time wages, subject to a maximum period of six hours in any week.
(3) For the purposes of stock taking and preparation of accounts, an employer may, with the previous intimation to the Inspector, require or allow any employee to work in an establishment for not more than any six days in a year in excess of the period fixed in sub section (1) on payment of overtime wages; so however, that the excess period shall not, in the aggregate, exceed twenty four hours.
No employee in any establishment shall be required or allowed to work in such establishment for more than five hours in any day unless he has had an interval for rest of at least one hour.
Provided that the Chief Inspector may, in the case of an establishment whose daily hours of work are less than eight hours, reduce interval for rest to half an hour on an application made by the employer, with the consent of the employees.
The periods of work of an employee in an establishment shall be so arranged that, along with his interval for rest, they shall not spread over for more than twelve hours on any day:
Provided that, where an employee works on any day for the purpose of stock taking and preparation of accounts the spread over shall not exceed fourteen hours on any such day on payment of over time wage.
(1) Every employee in any establishment shall be allowed in each week a holiday of one whole day:
Provided that, nothing in this sub section shall apply to any employee whose total period of employment in the week, including any days spent on authorised leave is less than six days.
(2) The Government may, by notification, require in respect of any specified class of establishments that every employee therein shall be allowed in each week an additional holiday of one half day commencing at such hour in the after noon as may be fixed by the Government.
(3) The Government may, for the purposes of sub section (2) fix different hours for different classes of establishments or for different areas or for different times of the year.
(4) No deduction shall
No child shall be required or allowed to work in any establishment.
No young person shall be required or allowed to work in establishment before 6 a.m. and after 7 p.m.
Notwithstanding anything in this Act, no young person shall be required or allowed to work in any establishment for more than 7 hours in any day and forty two hours in any week nor shall such person be allowed to work overtime.
No Woman employee shall be required or allowed to work in any establishment before 6 00 a.m. and after 8 30 p.m.
The periods of absence from duty in respect of which a woman employee is entitled to maternity benefit under Section 25, shall be treated as authorised absence from duty, and the woman employee shall be entitled to maternity benefit, but not to any wages for any of those periods.
Every woman who has been for a period of not less than six months preceding the date of her delivery in continuous employment of the same employer whether in the same or different shops or commercial establishments, shall be entitled to receive from her employer for he period of
(a) six weeks immediately preceding the day of delivery; and
(b) six weeks following the day of delivery; such maternity benefit and in such manner as may be prescribed:
Provided that, no woman employee shall be entitled to receive such benefit for any day during any of the aforesaid periods, on which she attends work and receive wages therefor.
The premises of every establishment shall be kept clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be prescribed.
The premises of every establishment shall be ventilated as provided for in the laws relating to the municipalities, Gram Panchayats or other local authorities for the time being in force.
(1) In every establishment other than such establishment or class of establishments as the Governments may, by notification, specify, such precautions against fire shall be taken as may be prescribed.
(2) If power driven machinery is used, or any process which, in the opinion of the Government, is likely to expose any employee to a serious risk of bodily injury is carried on in any establishment, such precautions including the keeping of first aid box shall be taken by the employer for the safety of the employees therein, as may be prescribed.
(1) No employee in any establishment shall be required or allowed to engage in the manual transport of a load therein which by reason of its weight is likely to jeopardise his health or safety.
(2) The Government may, for the purposes of this section prescribe different maximum limits of weight, for different classes of employees in any establishment.
Explanation:- For the purposes of this section, the term manual transport of a load means any transport in which the weight of the load is wholly borne by one employee, inclusive of the lifting and putting down of load.
(1) Every employee who has served for a period of two hundred and forty days or more during a continuous period of twelve months in any establishment shall be entitled during the subsequent period of twelve months, to leave with wages for period of fifteen days, provided that such leave with wages may be accumulated upto a maximum period of sixty days:
Provided that any continuous period of service in an establishment preceding the date on which this Act, applies to that establishment shall also count:
Provided further that any leave accumulated by an employee in an establishment under the law applicable to that establishment preceding the date on which this Act applies to it, shall not be affected;
Provided also that every employee in any shop or establishment shall be entitled for encashmen
(1) Every employee in any establishment shall also be entitled to nine holidays in a year with wages on the days to be specified by notification from time to time, by the Government which shall include the 26th January (Republic day), 1st May, (May Day), 15th August (Independence Day) 2nd October (Gandhi Jayanthi), and 1st November (Andhra Pradesh Formation Day) and on every such holiday, all the establishments, either with or without employees, shall remain closed.
(2) Notwithstanding anything contained in sub section (1) the Chief Inspector may, having due regard to any emergency or special circumstances prevailing in the State or any part thereof, notify any other day or days as holidays with wages to employees or class of employees as he may deem fit. The holidays so notified shall be deemed to be additional holidays:
Provided that,
Every employee shall, for the period of the leave allowed under sub sections (1) (5) of Section 30 or the holidays allowed under Section 31, be paid at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding month exclusive of any earning in respect of overtime.
Notwithstanding anything in Section 30, the Government may, by notification, increase the total number of days of leave allowable under sub section (1) of that section and the maximum number of days upto which such leave may be accumulated in respect of any establishment or class of establishments.
(1) Every employee who has served in an establishment for a period of not less than one year shall subscribe to the insurance scheme or Insurance cum Savings scheme as may be notified by the Government to be applicable to the establishment in which the employee is working, at the rates, stipulated by the Government in the notification either in lumpsum every year or in monthly instalments as may be prescribed by the Government in the notification. For this purpose the employer shall make the payment to the authority notified by the Government on behalf of the employee on or before the stipulated date and recover the same from the wages payable to the employee.
(2) In addition to the subscription of the employee mentioned in sub section (1), every employer of the establishment to which the scheme of insurance or Insurance cum Savings is made applicable by the Government, shall also
Every employer shall be responsible for the payment by him to employees of all wages and sums, required to be paid under this Act.
(1) Every employer shall fix periods (hereinafter referred to as wage periods) in respect of which such wages shall be payable.
(2) No wage period shall exceed one month.
Where any employee in any establishment is required to work over time he shall be entitled, in respect of such over time work, to wages at twice the ordinary rate of wages:
Provided that, where the normal hours of work in an establishment are ordinarily less than eight hours a day and 48 hours a week, he shall be entitled in respect of work in excess of such normal hours upto eight hours a day and forty eight hours a week to wages at the ordinary rate of wages in respect of work in excess of eight hours a day and forty eight hours a week at twice the ordinary rate wages, in addition to the wages for the normal hours of work.
Explanation :- For the purpose of this section; the expression ordinary rates of wages shall mean such rate of wages as may be calculated in the manner prescribed.
(1) The wages of every employee shall be paid before the expiry of the fifth day after the last day of the wage period in respect of which the wages are payable.
(2) Where the service of any employee is terminated by or on behalf of the employer the wages earned by such employee shall be paid before the expiration of the second working day from the day on which his employment is terminated.
(3) The Government may, by general or special order and for reasons stated therein exempt an employer from the operation of this section in respect of the wages of any employee or class of employees to such extent and subject to such conditions as may be specified in the order.
(4) All payments of wages shall be made on a working day.
All wages shall be paid in current coin or currency notes or in both.
(1) The wages of an employee shall be paid to him without deduction of any kind except those authorised by or under this Act.
Explanation :- Every payment made by an employee to the employer shall, for the purpose of this Act, be deemed to be a deduction from wages.
(2) Deductions from the wages of an employee shall be made only in accordance with the provisions of this Act and may be of the following kinds only, namely :
(a) fines and other penalties lawfully imposed;
(b) deductions for absence from duty;
(c) deductions for damages to, or loss of goods expressly entrusted to the employee for custody or for loss of money for which he is required to account, where such damage or loss is directly attribut
(1) No fine shall be imposed on any employee save in respect of such acts and omissions on his part as the employer, with previous approval of the Government or of the prescribed authority may have specified by notice under sub section (2).
(2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on.
(3) No fine shall be imposed on any employee until he has been given an opportunity of showing cause against the fine or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines.
(4) The total amount of fine which may be imposed in any one wage period on any employee shall not exceed an amount equal to three paise in the rupee of the wages payable to him in respect of that
(1) Deductions may be made under Clause (b) of sub section (2) of Section 40 only on account of the absence of an employee from the place or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work.
(2) The amount of such deduction shall in no case bear to the wages payable to the employee in respect of the wage period for which the deduction is made, a larger proportion than the period for which he was absent bears to the total period, within such wage period during which by the terms of his employment, he was required to work:
Provided that, subject to any rules made in this behalf by the Government, if ten or more employees acting in concert absent themselves without due notice, that is to say, without giving the notice whic
(1) A deduction under Clause (c) of sub section (2) of Section 40 shall not exceed in respect of the damage of goods, one half of the amount of such damage and in respect of loss of goods or money, the amount of such loss caused to the employer by negligence or default of the employee and shall not be made until the employee has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions.
(2) All such deductions and all realisations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed.
A deduction under Clause (d) or Clause (e) of sub section (2) of Section 40 shall not be made from the wages of an employee unless the house accommodation, amenity or service has been accepted by him as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house accommodation, amenity or service supplied and in the case of a deduction under the said Clause (e), it shall be subject to such conditions, as the Government may impose.
Deductions under Clause (f) of sub section (2) of Section 40 shall be subject to the following conditions namely :
(a) recovery of an advance of money given before employment began shall be made from the first payment of wages in respect of a complete wage period, but no recovery shall be made of such advance given for travelling expenses;
(b) recovery of advances of wages not already earned shall be subject to any rules made by the Government regulating the extent to which such advances may be given and the instalments by which they may be recovered.
Deductions under Clause (j) and Clause (k) of sub section (2) of Section 40 shall be subject to such conditions as the Government may impose.
(1) No employer shall, without a reasonable cause terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee atleast one month s notice in writing or wages in lieu thereof and in respect of an employee who has been in his employment continuously for a period of not less than one year, a service compensation amounting to fifteen days average wages for each year of continuous employment:
Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination.
(2) The services of an employee shall not be terminated by the employer when such employee made a complaint to the Inspector regarding the denial of
(1)
(a) The Chief Inspector may, by notification, appoint for any area as may be specified therein, any authority to hear and decide appeals arising out of the termination of service of employees under Section 47:
Provided that the Chief Inspector may on administrative grounds transfer any appeal arising in the territorial jurisdiction of any authority to the file of another authority for disposal, and such authority to whom the appeal is transferred by the Chief Inspector shall dispose of the appeal so transferred.
(b) Any employee whose services have been terminated may, appeal to the authority concerned within such time and in such manner as may be prescribed.
(2) The appellate authority may, after inquiry in the prescribed manner, dismiss the
Where the ownership or management of an establishment is transferred, whether by agreement or by operation of law, from the employer in relation to that establishment to a new employer every employee who has been in continuous employment for not less than six months in that establishment immediately before such transfer shall be entitled to the notice and the service compensation in accordance with the provisions of sub section
(1) of Section 47: Provided that nothing in this section shall apply to an employee in any case where there has been a change of employers by reason of the transfer, if
(a) the employment of the employee has been interrupted by such transfer;
(b) the terms and conditions of employment applicable to the employee after such transfer are not in any way less favourable to
The Government may, by notification appoint an authority to hear and decide for any specified area all claims arising out of deductions from the wages or delay in payment of the wages or service compensation payable under this Act to employees in any establishment in that area.
(1) Where, contrary to the provisions of this Act, any deduction has been made from the wages of an employee in an establishment or any payment of wages or service compensation to him has been delayed, such employee himself, or if he is dead any of his dependants or any legal practioner, or any official of a registered Trade Union authorised in writing to act on behalf of such employee or dependant, or any Inspector under this Act or any other person acting with the permission of the authority appointed under Section 50 may apply to such authority for a direction under sub section (2):
Provided that every such application shall be presented within one year from the date on which the deduction from the wages was made or from the date on which the payment of the wages or service compensation was due to be made, as the case may be:
Provide
(1) Employees are said to belong to the same unpaid group if they are borne on the same establishment and if their wages or service compensation for the same period or periods have remained unpaid after the day on which they were due.
(2) A single application may be presented under Section 51 on behalf, or in respect, of any number of employees belonging to the same unpaid group, and in such case the maximum compensation that may be awarded under sub section (2) of that section shall be ten rupees per head.
(3) The authority may deal with any number of separate pending applications, presented under Section 51 in respect of persons belonging to the same unpaid group, as a single application presented under sub section (2) of this section and the provisions of that sub section shall apply accordingly.
(1) An appeal against an order dismissing either wholly or in part an application made under sub section (1) of Section 51 or against a direction made under sub section (2) or sub section (3) of that section may be preferred before the authority to be notified by Government within thirty days of the date on which the order or direction was served on the applicant or the employer, as the case may be
(a) by the employer, if the total sum directed to be paid by way of wages, service compensation and compensation exceeds three hundred rupees, or
(b) by the person who had applied under sub section (1) of Section 51 if the total amount of wages or service compensation claimed to have been withheld from the employee or from the unpaid group to which he belonged exceeds fifty rupees; or
(c) by any pe
(1) Where at any time after an application has been made under sub section (1) of Section 51, or where at any time after an appeal has been filed under Clause (b) of sub section (1) of Section 53, the authority referred to in those sections is satisfied that the employer is likely to evade payment of any amount that may be directed to be made under Section 51 or Section 53, the Authority, except in cases where it is of opinion that the ends of justice would be defeated by the delay, after giving the employer an opportunity of making representation may direct the attachment of so much of the property of the employer as is in the opinion of the authority sufficient to satisfy the amounts which may be payable under the direction.
(2) The provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) relating to attachment before judgment under that Code, shall, so far as may
Every authority appointed under Section 50 shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court for all the purposes of Section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
The Government may prescribe the scales of costs which may be allowed and the amount of Court fees which shall be payable in respect of any proceedings under this Chapter.
The Government may, by notification, appoint a Chief Inspector and such number of Inspectors as may be necessary for the purposes of this Act and fix the local limits of their jurisdiction.
The Chief Inspector may exercise and perform in addition to the powers and duties conferred and imposed on him by or under this Act, all the powers and duties of an Inspector under this Act.
An Inspector may, within the local limits for which he is appointed,
(a) enter at all reasonable hours with the assistance of such persons in the service of the Government or any local authority as he thinks fit, any place which is or which he has reason to believe is used as an establishment;
(b) make such inspection of the premises and of any registers or other records and take on the spot or otherwise evidence of such persons, as he may deem necessary in the manner prescribed;
(c) exercise such other powers as may be necessary for carrying out of the purposes of this Act.
The Chief Inspector and every Inspector shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
(1) Any employer who makes any false or incorrect statement under Section 3 shall be punishable with fine which may extend to one hundred rupees.
(2) Any employer who contravenes any of the provisions of the Sections 3, 4, 5, 7, 9 to 12, 13, 15 to 32; 34 to 47; 49, 68 and 69 shall be punishable for a first offence with fine which may extend to rupees one hundred, for a second offence with fine which shall not be less than rupees two hundred and fifty but which may extend to rupees five hundred and for the third or subsequent offences with imprisonment for a term which may extend to three months and with a fine which shall not be less than rupees five hundred but which may extend to rupees one thousand:
Provided that where any employer fails to possess a valid certificate of registration in contravention of the provisions of Sections 3,
The Chief Inspector may authorise by notification any officer to accept from any person who is reasonably believed to have committed an offence under Sections 3, 4, 7, 8, 10, 12, 15, 16, 17, 19, 20, 31 and 63 of this Act or the rules made thereunder a sum of money not exceeding rupees one hundred in case of each violation by way of compounding such offence. Any proceedings taken against such person in respect of such offence shall on payment of such money be withdrawn and no further proceedings shall be taken in respect of such offence.
Any person who wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act or any person lawfully assisting such Inspector in the exercise of such power, or who fails to comply with any lawful direction made by such Inspector, shall be punishable with imprisonment for a term which may extend to three months or fine or with both.
(1) No Court shall take cognizance of a complaint against an employer under sub section (2) of Section 61 relating to deductions from the wages or delay in payment or wages or service compensation payable under this Act to an emplo yee, unless an application in respect of facts constituting the offence has been presented under Section 51 and has been granted wholly or in part and the authority empowered under the latter section or the appellate authority granting such applications has sanctioned the making of the complaint.
(2) Before sanctioning the making of a complaint against the employer for such an offence, the authority empowered under Section 50 or the Appellate Authority, as the case may be, shall give such employer an opportunity of showing cause against the granting of such sanction, and the sanction shall not be granted if such employer satisfies the authority or Court
No Court shall entertain any suit for the recovery of wages or service compensation or of any deduction therefrom in so far as the sum so claimed
(a) forms the subject of an application under Section 51 which has been presented by the plaintiff and which is pending before the authority appointed under Section 50 or of an appeal under Section 53; or
(b) has formed the subject of a direction under Section 51 in favour of the plaintiff;or
(c) has been adjudged, in any proceeding under Section 51 not to be owed to the plaintiff;or
(d) could have been recovered by an application under Section 51.
Any contract or agreement, whether made before or after the commencement of this Act, whereby an employee relinquishes any right conferred by this Act shall be null and void in so far as it purports to deprive him of such right.
No Court, inferior to that of a Magistrate of Second Class shall try any offence punishable under this Act or any rule or order made thereunder.
(1) Subject to the control of the Government an employer shall maintain such registers and records and display such notices, as may be prescribed. All such registers and records shall be kept, and all such notices shall be displayed on the premises of the establishment to which they relate.
(2) Every employer shall, on demand produce or cause to be produced for inspection by an inspector all registers, records, and notices required to be kept by or under this Act.
(3) Every employer shall submit such returns relating to his business, in such manner, within such period, and to such authority as may be prescribed.
(4) Every employer shall give an order of appointment to his employee in the establishment before such employee joins the service and shall also furnish a copy of such order to the Ins
No employee shall work in any establishment nor shall any employer knowingly permit an employee to work in any establishment on a day or part of a day on which the employee is given a holiday or is on leave in accordance with the provisions of this Act.
(1) The Government may, by notification, authorise any officer or authority subordinate to them to exercise any one or more of the powers vested in them by or under this Act, except the powers mentioned in Section 71 subject to such restrictions and conditions, if any, as may be specified in the notification.
(2) The exercise of the powers delegated under sub section (1) shall be subject to control and revision by the Government or by such persons as may be empowered by them in that behalf. The Government shall also have power to control and revise the acts or proceedings of any person so empowered.
(1) The Government may by notification make rules for carrying out the purposes of this Act.
(2) In making a rule under sub section (1), the Government may provide that a contravention thereof shall be punishable with fine which may extend to fifty rupees.
(3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication.
(4) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately
Nothing in this Act shall affect any rights or privileges which any employee in any establishment is entitled to, on the date on which this Act applies to such establishment, under any other law, contract custom or usage applicable to such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.
(1) Nothing in this Act shall apply to
(a) employees in any establishment in a position of management and having control over the affairs of the establishment, whose average monthly wages exceed sixteen hundred rupees;
(b) establishments under the Central and State Governments, local authorities, the Reserve Bank of India, a railway administration operating any railway as defined in Clause (20) of Article 366 of the Constitution and Cantonment authorities;
(c) establishments in mines and oil fields;
(d) establishments in bazars in places where fairs or festivals are held temporarily for a period not exceeding one month at a time.
(2) Nothing in Section 7 or Section 15, as the case may be, shall apply to
The Provisions of the Workmen s Compensation Act, 1923 (Central Act, 1923) and the Rules thereunder shall, so far as may be, apply to every employee to whom this Act applies.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
On any special occasion in connection with a fair or festival or a succession of public holidays, the Government may, by notification, suspend for a specified period the operation of all or any of the provisions of this Act, subject to such conditions as may be specified in such notification.
Notwithstanding any thing in the Andhra Pradesh Co operative Societies Act, 1964, the Provisions of this Act shall apply to the Co operative Societies.
On and from the date on which this Act comes into operation in respect of an establishment, the Weekly Holidays Act, 1942, shall cease to apply to such establishment.
With effect on and from the date on which this Act is brought into force in any area, the Andhra Pradesh Shops and Establishments Act, 1966, (Act 15 of 1966) as in force in that shall stand repealed:-
Provided that-
(a) every appointment, order, rule, notification or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rule, notification or notice made, issued or given under this Act;
(b) any proceedings relating to the trial of any offence punishable under the provisions of the Act so repealed shall be continued and completed as if the said Act had not been repeale
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
