The Andhra Pradesh Shops and Establishments Act, 1988.
**THE ANDHRA PRADESH SHOPS AND ESTABLISHMENTS**

**ACT, 1988**


**Act No. 20 of 1988**


**ARRANGEMENT OF SECTIONS**


**SECTIONS**


**CHAPTER I**

**PRELIMINARY**

1. Short title extent, Commencement and application
2. Definitions


**CHAPTER-II**

**REGISTRATION OF ESTABLISHMENTS**

3. Registration of establishments
4. Renewal of Registration Certificate
5. Revocation or Suspension of the Registration Certificate
6. Appeal against re-vocation or suspension of the Registration
certificate


**CHAPTER-III**

**SHOPS**

7. Opening and closing hours of shops
8. Selling out side prohibited, before opening and after closing
hours of shops

9. Daily and weekly hours of work in shops

10. Interval for rest
11. Spread over periods of work
12. Closing of shops and grant of holidays
13. Closing of shops in public interest during special occasions


**CHAPTER-IV**

**ESTABLISHMENTS OTHER THAN SHOPS**

14. Application of this chapter to establishment to other than shops
15. Opening and closing hours
16. Daily and Weekly hours of work
17. Interval for rest
18. Spread over of periods of work
19. Holidays

**CHAPTER-V**


**EMPLOYMENT OF WOMEN, CHILDREN AND YOUNG PERSONS**


20. Children not to work in establishment
21. Special provision for young persons
22. Daily and weekly hours of work for young persons
23. Special Provision for Women
24. Maternity leave
25. Maternity benefit

**CHAPTER-VI**

**HEALTH AND SAFETY**


26. Clean lines
27. Ventilation


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28. Precautions for the safely or employees in establishments
29. Maximum permissible land

**CHAPTER-VII**

**LEAVE AND HOLIDAYS WITH WAGES AND**

**INSURANCE SCHEME FOR EMPLOYEES**


30. Leave
31. Other holidays
32. Pay during leave and holidays
33. Power to increase the period of leave allowable under section 30
34. Compulsory enrolment of employees to Insurance-cum-Savings
Scheme


**CHAPTER-VIII**

**WAGES, CONDITIONS FOR TERMINATION OF SERVICES, APPEALS**

**SUSPENSION AND TERMINAL BENEFITS**

35. Responsibility for payment of wages
36. Fixation wage period
37. Wages for over time work
38. Time of payment of wages
39. Wages to be paid in current coin or currency notes
40. Deduction which may be made from wages
41. Fines
42. Deductions for absence from duty
43. Deductions for damage or less
44. Deductions for services rendered
45. Deductions for recovery of advances
46. Deductions for payments to co-operative societies and
insurance schemes,etc.,

47. Conditions for terminating the services of an employee,
payment of service compensation for termination, retirement
registration, resignation, disablement etc., and payment of
subsistence allowance for the period of suspension

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


of termination of services


49. Notice and payment of service compensation to employees in


the case of transfer of establishment


**CHAPTER IX**


**APPOINTMENT, POWERS AND DUTIES ETC., OF THE AUTHORITY TO**

**HEAR AND DECIDE CLAIMS RELATING TO WAGES ETC., OF EMPLOYEES**

**IN ESTABLISHMENTS**


50. Appointment of authority to hear and decide claims relating to


wages, etc.


51. Claims arising out of deductions from wages or delay in

payment of wages etc., and penalty for malicious or vexatious
claims

52. Single application in respect of claims from unpaid group
53. Appeal
54. Conditional attachment of property of employer
55. Power of authority appointed under Section 50
56. Power of Government to prescribe costs and Court-fees for

proceedings under this Chapter


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**CHAPTER X**


**APPOINTMENT, POWERS AND DUTIES OF THE CHIEF INSPECTOR AND**

**INSPECTORS**

57. Appointment of Chief Inspector and Inspectors
58. Powers and duties of Chief Inspector
59. Powers and duties of Inspectors
60. Chief Inspector and Inspectors to be public servants


**CHAPTER XI**

**PENALTIES FOR OFFENCES**

61. Penalties
62. Power to compound offence
63. Penalty for obstructing Inspector, etc.
64. Procedure in trial of offences
65. Bar of suits
66. Contracting out
67. Offences to be tried by Magistrate of second class or above


**CHAPTER XII**


**MISCELLANEOUS**


68. Maintenance of registers and records and display of notices, etc
69. Restriction on double employment on a Holiday or during leave
70. Delegation of powers
71. Power to make rules
72. Rights and privileges under other laws etc., not affected
73. Exemption
74. Application of the Workmen's Compensation Act, 1923
75. Protection of persons acting in good faith
76. Power of Government to suspend provisions of the Act during

fairs and festivals

77. Application of this Act to Co-operative Societies
78. Central Act 18 of 1942 not to apply to establishments governed

by this Act

79. Repeal and Saving


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**THE ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988**


**Act No. 20 of 1988**


(26[th] July, 1988)


**AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE**


**REGULATION OF CONDITIONS OF WORK AND EMPLOYMENT IN**
**SHOPS,** **COMMERCIAL** **ESTABLISHMENTS,** **RESTAURANTS**

**THEATRES AND OTHER ESTABLISHMENTS AND FOR MATTERS**
**CONNECTED THEREWITH.**


Be it enacted by the Legislative Assembly of the State of Andhra Pradesh

in the Thirty-ninth Year of the Republic of India as of the follows:
**CHAPTER I**

**PRELIMINARY**


**1. Short title, extent Commencement and application - (1) This Act may be**
called the Andhra Pradesh Shops and Establishments Act, 1988.


(2) It extends to the whole of the State of Andhra Pradesh.


(3) It shall come into force on such date as the Government may, by

notification, appoint.


(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.


**2. Definitions - In this Act, unless the context otherwise requires,-**


(1) ‘apprentice’ means a person who is employed whether on payment of


wages or not, for the purpose of being trained in any trade, craft or
employment in any establishment;


(2) ‘Chief Inspector’ means the Chief Inspector appointed under


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
ancillary to any such trade, business or profession or which is a clerical
department of a factory or an industrial undertaking or which is a commercial
or trading or banking or insurance establishment and includes an
establishment under the management and control of a co-operative society, an
establishment of a factory or an industrial undertaking which falls outside the
scope of the Factories Act, 1948, (Central Act 63 of 1948) and such other
establishment as the Government may, by notification, declare to be a
commercial establishment for the purposes of this Act but does not include a
shop;


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(6) ‘day’ means the period of twenty-four hours beginning at mid-night:


Provided that, in the case of an employee, whose hours of work


extend beyond mid-night, day means the period of twenty-four hours
beginning from the time when such employment commences.

(7) ‘dependent’ means, in relation to a deceased employee, his nominee or


in the absence of such nominee, the heir or legal representative;


(8) ‘employee’ means a person wholly or principally employed in, and in


connection with, any establishment and includes an apprentice and any
clerical or other staff of a factory or industrial establishment who fall outside
the scope of the Factories Act, 1948 (Central Act 63 of 1948); but does not
include the husband, wife, son, daughter, father, mother, brother or sister of
an employer or his partner, who is living with and depending upon such
employer or partner and is not in receipt of any wages;


(9) ‘employer’ means a person having charge of or owning or having


ultimate control over the affairs of an establishment and includes the manager,
agent or other person acting in the general management or control of an
establishment;


(10) ‘establishment’ means a shop, restaurant, eating-house, residential


hotel, lodging house, theatre or any place of public amusement or
entertainment and includes a commercial establishment and such other
establishment as the Government may, by notification, declare to be an
establishment for the purposes of this Act;


(11) ‘factory’ means factory within the meaning of the Factories Act,


1948;


(12) ‘Government’ means the State Government;


(13) ‘Inspector’ means an Inspector appointed under section 57;


(14) ‘notification’ means a notification published in the Andhra Pradesh

Gazette and the word "notified" shall be construed accordingly:

(15) ‘opened’ means opened for the service of any customer or for any

trade or business connected with the establishment;

(16) ‘periods of work’ means the time during which an employee is at the

disposal of the employer;

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

under this Act;

(18) ‘register of establishment’ means a register maintained for the

registration of establishments under this Act;


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


(20) ‘service compensation’ means the service compensation payable

under section 47;


(21) ‘shop’ means any premises where any trade or business is carried an


or where services are rendered to customers and includes a shop run by a cooperative society, an office, a store room, godown, warehouse or work place,
whether in the same premises or otherwise, used in connection with such trade
or business and such other establishments as the Government may, by
notification, declare to be a shop for the purposes of this Act, but does not
include a commercial establishment;


(22) ‘theatre’ includes any premises intended principally or wholly for the


exhibition of pictures or other optical effects by means of a cinematograph or
other suitable apparatus or for dramatic or circus performances or for any
other public amusement or entertainment;

(23) ‘wages’ means every remuneration, whether by way of salary,

allowance or otherwise expressed in terms of money or capable of being so


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expressed which would, if the terms of employment, express or implied were
fulfilled, be payable to an employee in respect of his employment or of work
done in such employment, and includes
(a) any remuneration payable under any settlement between the
parties or order of a tribunal or court;

(b) any remuneration to which the employee is entitled in respect of
overtime work or holidays or any leave period;

(c) any additional remuneration payable under the terms of
employment, whether called a bonus or by any other name;

(d) any sum which by reason of the termination of employment of
the employee is payable under any law, contract or instrument
which provides for the payment of such sum, whether with or
without deductions, but does not provide for the time within which
the payment is to be made;

(e) any sum to which the employee is entitled under any scheme
framed under any law for the time being in force; but does not
include,
(i) any bonus, whether under a scheme of profit sharing or
otherwise, which does not form part of the remuneration
payable under the terms of employment, or which is not
payable under any award or settlement between the parties
or order of a court;

(ii) the value of any house accommodation, or of the supply
of light, water, medical attendance or other amenity or of any
service excluded from the computation of wages by a general
or special order of the Government;

(iii) any contribution paid by the employer to any person or
provident fund, and the interest which may have accrued
thereon;

(iv) any travelling allowance or the value of any travelling
concession;

(v) any sum paid to the employee to defray special expenses
entailed on him by the nature of his employment;

(vi) any service compensation payable on the termination of
employment in cases other than those specified in subclause (d);

(vii) the subscription paid by the employee to life insurance
and the contribution paid by the employer to the life
insurance of the employee under the provisions of this Act
and the bonus which may have accrued thereon; or


(viii) house rent allowance payable by the employer;


(24) ‘week’ means a period of seven days beginning at mid-night on

Saturday;

(25) ‘young person’ means a person who is not a child and has not

completed eighteen years of age.

**CHAPTER-II**

**REGISTRATION OF ESTABLISHMENTS**


**3. Registration of establishments - (1) Every employer of an 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


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(ii) in the case of a new establishment, within thirty days
from the date on which the establishment commences its
work, send to the Inspector concerned a statement
containing such particulars, together with such fees, as may
be prescribed.


(2) On receipt of such statement, the Inspector shall register the


establishment in the register of establishments in such manner as may be
prescribed and shall issue in the prescribed form a registration certificate to
the employer who shall display it at a prominent place of the establishment.


(3) Every registration certificate issued under sub-section (2), shall be


valid with effect from the date on which it is issued upto the 31st day of
December following.


(4) Every employer shall give intimation to the Inspector, in the


prescribed form, any change in any of the particulars in the statement made
under sub-section (1) within fifteen days after the change has taken place. The
Inspector shall, on receipt of such intimation and the fees prescribed therefor
make the change in the register of establishments in accordance with such
intimation and shall amend the registration certificate or issue a fresh
registration certificate, if necessary.


(5) The employer shall, within fifteen days of the closure of the


establishment, give intimation thereof in writing to the Inspector, who shall, on
receipt of such intimation, remove the name of the establishment from the
register of establishments and cancel the registration certificate.


Provided that, where the Inspector is satisfied otherwise than on receipt


of such intimation, that the establishment has been closed, he shall remove the
name of such establishment from the register and cancel the registration
certificate.

**4. Renewal of Registration Certificate - (1) The Inspector may, on an**
application made by the employer accompanied by the fees prescribed therefor,
renew the registration certificate for a period of one year or for such number of
years as may be prescribed, commencing from the date of its expiry.


(2) Every application for the renewal of the registration certificate shall be


made in such form and in such manner as may be prescribed so as to reach
the Inspector not later than thirty days before the date of its expiry:


Provided that, an application for the renewal of a registration certificate


received not later than thirty days after its expiry may be entertained by the
Inspector on the applicant paying such penalty as may be prescribed, by the
Government from time to time.


(3) An applicant for the renewal of a registration certificate under sub

section (2) shall, until communication of orders on his application, be entitled
to act as if the registration certificate had been renewed.

**5. Revocation or Suspension of the Registration Certificate - 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.


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**6. Appeal against revocation or suspension of the Registration**
**certificate - (1) Any person aggrieved by an order made under section 5 may,**
within thirty days from the date on which the order is communicated to him,
prefer an appeal to such authority as may be prescribed:


Provided that the appellate authority may entertain the appeal after the


expiry of the said period of thirty days if he is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.


(2) On receipt of an appeal under sub-section (1), the appellate authority


shall, after giving the appellant an opportunity of being heard, dispose of the
appeal within two months.

**CHAPTER-III**

**SHOPS**


**7. Opening and closing hours of shops - (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.

**8. Selling outside prohibited, before opening and after closing hours of**
**shops - 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)   News papers;
(ii)   flowers;
(iii)  pan;
(iv)  vegetables and fruits; and
(v) such other goods as the Government may,

by notification, specify from time to time.

**9. Daily and weekly hours of work in shops - (1) Subject to other provisions**
of this Act, no employee in any shop shall be required or allowed to work
therein for more than eight hours in any day and forty-eight hours in any
week.


1[(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 the following limitations:

(i) The total number of hours of work, including overtime, in any day

shall not exceed twelve;

(ii) The spread over, inclusive of intervals of rest, shall not exceed

thirteen hours in any one day;

(iii) The total number of hours of work in any week, including overtime,

shall not exceed sixty two;

(iv) No employee shall be allowed to work overtime, for more than seven

days at a stretch;

1. Substituted by the Act No. 36 of 2018, S.2


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

exceed fifty.

Explanation: for the purpose of this sub-section ‘Month’ means

Calendar month.]


(3) [1][XXXX]


**10. Interval for rest - No employee in any shop shall be required or allowed to**
work therein for more than five hours in any day unless he has had an interval
for rest of at least one hour:


Provided that, an employee who was serving a customer at the


commencement of the interval may be required to serve him during the quarter
of an hour immediately following such commencement.

**11. Spread over periods of work - The periods of work of an employee in a**
shop shall be so arranged that along with his intervals for rest, they shall not
spread over for more than twelve hours in any day:


Provided that, where an employee works on any day for the purpose of


stock-taking and preparation of accounts, the spread over shall not exceed
fourteen hours in any such day on payment of over-time wages.

**12. Closing of shops and grant of holidays - (1) Every shop, whether with or**
without employees, shall remain closed on every Sunday which shall be a
holiday for every employee in the shop:


Provided that the Chief Inspector may, by notification, specify in respect


of any shop or class of shops or in respect of shops or class of shops in any
area any day in the week instead of Sunday on which day such shop or class of
shops shall 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 each week an additional
holiday of one half day fixed for the closing of the shop under
clause (a).


(3) The Chief Inspector may, for the purposes of sub-section (2), fix


different hours for different classes of shops or for different areas or for
different times of the year.


(4) The weekly day on which a shop is closed in pursuance of a


requirement under sub-section (2) shall be specified by the employer in a
notice prominently exhibited in a conspicuous place in the shop.


(5) It shall not be lawful for the employer to call an employee at or for the


employee to go to his shop or any place for any work in connection with the
business of his shop on any day or part of the day on which it has remained
closed.


(6) No deduction shall be made from the wages of any employee in a shop


on account of any day or part of a day on which it has remained closed; and if
such employee is employed on the basis that he would not ordinarily receive
wages for such day or part of a day he shall nonetheless be paid for such day
or part of a day the wages he would have drawn had the shop not remained
closed, or had the holiday not been allowed, on that day or part of a day.

**13. Closing of shops in public interest during special occasions - In**
addition to the holidays mentioned in section 12, the Chief Inspector may, by
notification and with the previous approval of the Government, require in

1. Omitted by the Act No. 36 of 2018, S.2.


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respect of any specified class of shops that they shall be closed on any specified
day or days in the public interest.

**CHAPTER-IV**

**ESTABLISHMENT OTHER THAN SHOPS**


**14. Application of this chapter to establishments to other than shops -**
The provisions of this Chapter shall apply only to establishments other than
shops.

**15. Opening and closing hours - (1) No establishment shall on any day be**
opened earlier, or closed later, than such hour as may, after previous
publication, be fixed by the Government by general or special order in that
behalf:


Provided that, in the case of a restaurant or eating-house, any customer


who was being served or was waiting to be served therein at the hour fixed for
its closing may be served during the quarter of an hour immediately following
such hour.


(2) The Government may, for the purposes of this section, fix different


hours for different classes of establishments or for different areas or for
different times of the year.

**16. Daily and weekly hours of work - (1) Subject to the provisions of this Act,**
no employee in any establishment shall be required or allowed to work therein
for more than eight hours in any day and fortyeight hours in any week.

(2) 1 [Any employee may be required or allowed to work in an

establishment for any period in excess of the limit fixed under sub-section (1),
on payment of over-time wages, subject to the following limitations:

(i) The total number of hours of work (including overtime), in any day

shall not exceed twelve;

(ii) The spread over, inclusive of intervals of rest, shall not exceed

thirteen hours in any one day;

(iii) The total number of hours of work in any week, including overtime,

shall not exceed sixty two;


(iv) No employee shall be allowed to work overtime, for more than seven


days at a stretch and the total number of hours of overtime work in any month
shall not exceed fifty hours.

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

month.]


(3) [2][XXXX]


**17. Interval for rest - No employee in any establishment shall be required or**
allowed to work in such establishment for more than five hours in any day
unless he has had an interval for rest of at least one hour:


Provided that the Chief Inspector may, in the case of an establishment


whose daily hours of work are less than eight hours, reduce interval for rest to
half-an-hour on an application made by the employer, with the consent of the
employees.

**18. Spread over of periods of work - The periods of work of an employee in an**
establishment shall be so arranged that, along with his interval for rest, they
shall not spread over for more than twelve hours on any day:


Provided that, where an employee works on any day for the purpose of


stock taking and preparation of accounts the spread over shall not exceed
fourteen hours on any such day on payment of over-time wages.

1 . Substituted by the Act No. 36 of 2018, S.3.
2 . Omitted by the Act No. 36 of 2018, S.3.


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**19. Holidays - (1) Every employee in any establishment shall be allowed in**
each week a holiday of one whole day:


Provided that, nothing in this sub-section shall apply to any employee


whose total period of employment in the week, including any days spent on
authorised leave is less than six days.


(2) The Government may, by notification, require in respect of any


specified class of establishments that every employee therein shall be allowed
in each week an additional holiday of one half-day commencing at such hour in
the afternoon as may be fixed by the Government.


(3) The Government may, for the purposes of sub-section (2), fix different


hours for different classes of establishments or for different areas or for
different times of the year.


(4) No deduction shall be made from the wages of any employee in an


establishment on account of any day or part of a day on which a holiday has
been allowed in accordance with this section and if such employee is employed
on the basis that he would not ordinarily receive wages for such day or part of
a day, he shall non the less be paid for such day or part of a day the wages he
would have drawn, had the holiday not been allowed on that day or part of a
day.


(5) It shall not be lawful for the employer to call an employee at or for the


employee to go to, his establishment or any other place for any work in
connection with the business of his establishment on any day or part of a day
on which a holiday has been allowed in accordance with this section.

**CHAPTER-V**

**EMPLOYMENT OF WOMEN, CHILDREN AND YOUNG PERSONS**


**20. Children not to work in establishment - No Child shall be required or**
allowed to work in any establishment.

**21. Special provision for young persons - No young person shall be required**
or allowed to work in any establishment before 6 a.m. and after 7 p.m.

**22. Daily and weekly hours of work for young persons - Notwithstanding**
anything in this Act, no young person shall be required or allowed to work in
any establishment for more than 7 hours in any day and forty-two hours in any
week nor shall such person be allowed to work overtime.

**23. Special provision for women –** [1][No Woman employee shall be required or
allowed to work in any establishment before 6-00 a.m. and after 8-30 p.m.:


Provided that the women employees may be required or allowed to work


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


Provided further that the above relaxation shall not be allowed to a


woman employee during a period of sixteen (16) weeks before and after her
childbirth, of which at least eight (8) weeks shall be before the expected
childbirth, and for such additional period, if any, as specified in the medical
certificate stating that it is necessary for the health of the woman employee or
her child].

1 . . Substituted by the Act No. 36 of 2018, S.4.


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**24. Maternity leave - The periods of absence from duty in respect of which a**
women employee is entitled to maternity benefit under section 25, shall be
treated as authorised absence from duty, and the women employee shall be
entitled to maternity benefit, but not to any wages for any of those periods.

**25. Maternity benefit - Every woman who has been for a period 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 the 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 thereof.


**CHAPTER-VI**

**HEALTH AND SAFETY**

**26. Clean lines - The premises of every establishment shall be kept clean and**
free from effluvia arising from any drain or privy or other nuisance and shall be
cleaned at such times and by such methods as may be prescribed.

**27. Ventilation - The premises of every establishment shall be ventilated as**
provided for in the laws relating to the municipalities, gram-panchayats or
other local authorities for the time being in force.

**28. Precautions for the safety of employees in establishments - (1) In every**
establishment other than such establishment or class of establishments as the
Government, may, by notification, specify, such precautions against fire shall
be taken as may be prescribed.


(3) Nothing in sub-section (1) shall apply in respect of any establishment


where the number of holidays with wages allowed by the employer is more than
the holidays notified by the Government under that sub-section:


Provided that, every such employer shall send a list of holidays with


wages allowed by him, which shall include the five holidays specified in subsection (1), to the inspector and to the Chief Inspector and shall also display
the list at a prominent place of the establishment.

**32. Pay during leave and holidays - Every employee shall, for the period of**
the leave allowed under sub-sections (1) and (5) of section 30 or the holidays
allowed under section 31, be paid at a rate equivalent to the daily average of
his wages for the days on which he actually worked during the preceding
month exclusive of any earning in respect of overtime.

**33. Power to increase the period of leave allowable under section 30 –**

Notwithstanding anything in section 30, the Government may, by

notification, increase the total number of days of leave allowable under subsection (1) of that section and the maximum number of days upto which such
leave may be accumulated in respect of any establishment or class of
establishments.

**34. Compulsory enrolment of employees to Insurance-cum-Savings**
**Scheme -  (1) Every employee who has served in an establishment for a period**
of not less than one year shall subscribe to the insurance scheme or
Insurance-cum-Saving scheme as may be notified by the Government to be
applicable to the establishment in which the employee is working, at the rates,
stipulated by the Government in the notification either in lumpsum every year
or in monthly installments as may be prescribed by the Government in the
notification. For this purpose the employer shall make the payment to the


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authority notified by the Government on behalf of the employee on or before the
stipulated date and recover the same from the wages payable to the employee.


(2) In addition to the subscription of the employee mentioned in sub

section (1), every employer of the establishment to which the scheme of
insurance or Insurance-cum-Savings is made applicable by the Government,
shall also pay such percentage of annual wages of employee as may be notified
by the Government, from time to time to the authority notified for the purpose
as employer's contribution on or before the specified date every year.

**CHAPTER-VIII**

**WAGES, CONDITIONS FOR TERMINATION OF SERVICES, APPEALS,**

**SUSPENSION AND TERMINAL BENEFITS**


**35. Responsibility for payment of wages** - Every employer shall be

responsible for the payment by him to employees of all wages and sums,
required to be paid under this Act.

**36. Fixation of wage period- (1) Every employer shall fix periods (hereinafter**
referred to as wage-periods) in respect of which such wages shall be payable.


(2) No wage-period shall exceed one month.


**37. Wages for over time work - 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 and in respect
of work in excess of eight hours a day and forty eight hours a week at twice the
ordinary rate of wages, in addition to the wages for the normal hours of work.

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

**38. Time of payment of wages - (1) The wages of every employee shall be paid**
before the expiry of the fifth day after the last day of the wage-period in respect
of which the wages 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.


**39. Wages to be paid in current coin or currency notes - All wages shall be**
paid in current coin or currency notes or in both.

**40. Deductions which may be made from wages - (1) The wages of an**
employee shall be paid to him without deduction of any kind except those
authorised by or under this Act.

**Explanation:-Every payment made by an employee to the employer shall, for**
the purposes of this Act, be deemed to be a deduction from wages.


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(2) Deductions from the wages of an employee shall be made only in


accordance with the provisions of this Act and may be of the following kinds
only, namely:

(a) fines and other penalties lawfully imposed;


(b) deductions for absence from duty;


(c) deductions for damages to, or loss of goods expressly entrusted
to the employee for custody or for loss of money for which he is
required to account, where such damage or loss is directly
attributable to his neglect or default;

(d) deductions for house accommodation provided by the employer;

(e) deductions for such amenities and services supplied by the
employer as the Government may, by general or special order,
authorise;

(f) deductions for recovery of advances or for adjustment of overpayments of wages;

(g) deductions of income-tax or profession-tax payable by the
employee;

(h) deductions required to be made by order of a court or other
authority competent to make such order;

(i) deductions for subscriptions to and for repayment of advances
from, any provident fund to which the Provident Funds Act, 1925
(Central Act 19 of 1925) applies or any recognised provident fund
as defined in section 2(38) of the Income Tax Act, 1961, (Central
Act 43 of 1961) or any provident fund approved in this behalf by
the Government during the continuance of such approval;

(j) deductions for payments to co-operative societies approved in
this behalf by the Government or any officer authorised by them in
this behalf or to a scheme of insurance maintained by the Indian
Post Office or the Life Insurance Corporation of India established
under Life Insurance Corporation Act, 1956 (Central Act 31 of
1956):

(k) deductions made with the written authorisation of the employee
in furtherance of any savings scheme approved by the Government
or the purchase of securities of the Central or State Government.

**41. Fines.- (1) No fine shall be imposed on any employee save in respect of**
such acts and omissions on his part as the employer, with previous approval of
the Government or of the prescribed authority may have specified by notice
under sub-section (2).

(2) A notice specifying such acts and omissions shall be exhibited in the

prescribed manner on the premises in which the employment is carried on.


(3) No fine shall be imposed on any employee until he has been given all


opportunity of showing cause against the fine or otherwise than in accordance
with such procedure as may be prescribed for the imposition of fines.


(4) The total amount of fine which may be imposed in any one wage


period on any employee shall not exceed an amount equal to three paise in the
rupee of the wages payable to him in respect of that wage period.

(5) No fine shall be imposed on any employee who has not completed the

age of fifteen years.

(6) No fine imposed on any employee shall be recovered from him after

the expiration of sixty day from the day on which it was imposed.

(7) Every fine shall be deemed to have been imposed on the day of the act

or omission in in respect of which it was imposed.


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(8) All fines and all realisations thereof shall be recorded in a register to


be kept by the employer in such form as may be prescribed; and all such
realisations shall be applied only to such purposes beneficial to the employees
in the establishment as are approved by the prescribed authority.

**Explanation :- When the employees are only part of a staff employed under the**
same management all such realisations may be credited to a common fund
maintained for staff as a whole, provided that the fund shall be applied only to
such purposes as are approved by the prescribed authority.

**42. Deductions for absence from duty - (1) Deductions may be made under**
clause (b) of sub-section (2) of section 40 only on account of the absence of an
employee from the place or places where by the terms of his employment, he is
required to work, such absence being for the whole or any part of the period
during which he is so required to work.


(2) The amount of such deduction shall in no case bear to the wages


payable to the employee in respect of the wage period for which the deduction
is made, a larger proportion than the period for which he was absent bears to
the total period, within such wage-period during which by the terms of 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 which is required
under the terms of their contract of employment and without reasonable cause,
such deduction from any such employee may include such amount not
exceeding his wages for four days as may by any such terms be due to the
employer in lieu of due notice.

**Explanation:-For the purpose of this section, an employee shall be deemed to**
be absent from the place where he is required to work, if, although present in
such place he refuses, in pursuance of a stay in strike or for any other cause
which is not reasonable in the circumstances, to carry out his work.

**43. Deductions for damage or less - (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.

**44. Deductions for services rendered - A deduction under clause (d) or**
clause (e) of sub-section (2) of section 40 shah not be made from the wages of
an employee unless the house accommodation, amenity or service has been
accepted by him as a term of employment or otherwise, and such deduction
shall not exceed an amount equivalent to the value of the house
accommodation, amenity or service supplied and in the case of a deduction
under the said clause (e), it shall be subject to such conditions, as the
Government may impose.

**45. Deductions for recovery of advances - Deductions under clause (f) of**
sub-section (2) of section 40 shall be subject to the following conditions,
namely:
(a) recovery of an advance of money given before employment
began shall be made from the first payment of wages in respect of
a complete wage-period but no recovery shall be made of such
advance given for travelling, expenses;


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(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 installments by
which they may be recovered.

**46. Deductions for payments to co-operative societies and insurance**
**schemes, etc., – Deductions under clause (j) and clause (k) of sub-section (2)**
of section 40 shall be subject to such conditions as the Government may
impose.

**47. Conditions for terminating the services of an employee, payment of**
**service compensation for termination, disablement, etc., and payment of**
**subsistence allowance for the period of suspension - (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 service of an employee shall not be terminated by the employer


when such employee made a complaint to the Inspector regarding the denial of
any benefit accruing to him under any labour welfare enactment applicable to
the establishment and during the pendency of such complaint before the
Inspector. The services of an employee shall not also be terminated for
misconduct except for such acts or omission and in such manner as may
prescribed.


(3) Every employee who has put in a continuous service of not less than


one year shall be eligible for service compensation amounting to fifteen days
average wages for each year of continuous employment, (i) on voluntary
cessation of his work after completion of 60 years of age. (ii) on his resignation,
or (iii) on physical or mental infirmity duly certified by a Registered Medical
Practitioner or (iv) on his death or disablement due to accident or disease:


Provided that the completion of continuous service of one year shall not


be necessary where the termination of the employment of an employee is due to
death or disablement:


Provided further that in case of death of an employee service


compensation payable to him shall be paid, to his nominee or if no nomination
has been made to his legal heir.


(4) Where a service compensation is payable under this section to an


employee, he shall be entitled to receive his wages from the date of termination
or cessation of his services until the date on which the service compensation so
payable is actually paid.


(5) The payment of service compensation under this section shall not


apply in cases where the employee is entitled to gratuity under the Payment of
Gratuity Act, 1972 (Central Act 39 of 1972) and gratuity has been paid
accordingly consequent on the termination or cessation of service.


(6) Where an employee is placed under suspension pending enquiry into


grave misconduct the employer shall pay a subsistence allowance equivalent to
fifty per cent of the last drawn wage for the first six months and at seventy five
per cent of the last drawn wage beyond six months during the period of
suspension. The total period of suspension shall not however exceed one year
in any case. If the misconduct is not established or the total period of
suspension exceeds one year, the employee shall be entitled to full wages


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during suspension period and the period of suspension shall be treated as on
duty.


**Explanation:- (1) For the purposes of this section:-**


(a) the term ‘employee’ shall include part-time employee also;


(b) the expression ‘average wages’ means the daily average of wages
for the days an employee actually worked during the thirty days
immediately preceding the date of termination or cessation of
service;


(c) the expression ‘wages’ does not include over-time wages;


(d) an employee in an establishment shall be deemed to have been
in continuous employment for a period of not less than six months
if he has worked for not less than one hundred and twenty days in
that establishment within a period of six months immediately
preceding the date of termination or cessation of the service of that
employee;

(e) where the total continuous employment is for a fraction of a
year or extends over a fraction of a year in addition to one or more
completed years of continuous employment, such fraction, if it is
not less than a half year shall be counted as a year of continuous
employment in calculating the total number of years for which, the
service compensation is to be given;

(f) the service compensation of an employee whose services have
been terminated for any act, wilful omission or negligence causing
any damage or loss to or destruction of property belonging to the
employer, shall be forfeited to extend of the damage or loss caused;

(g) 'disablement' means such disablement which incapacitates an
employee for the work which he was capable of performing before
the accident or disease resulting in such disablement.


(2) An employee who has completed the age of sixty years or who is


physically or mentally unfit having been so declared by a Registered Medical
Practitioner or who wants to retire on medical grounds or to resign his service,
may give up his employment after giving to his employer notice of atleast fifteen
days and where no such notice is given, the service compensation payable to
him shall be forfeited to the extent of fifteen days in lieu of the notice.

**48. Appointment of authority to hear and decide appeals arising out of**
**termination of services. - (1) (a) The Chief Inspector may, by notification,**
appoint for any area as may be specified therein, any authority to hear and
decide appeals arising out of the termination of service of 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 appeal or direct the reinstatement of the employee with or without
wages for the period he was kept out of employment or direct payment of
compensation without reinstatement or grant such other relief as it deems fit in
the circumstances of the case:


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Provided that the authority concerned shall, without delay, hear such

appeal and pass such orders within a period of three months from the date of
receipt of such appeal:

Provided further that where any such authority considers it necessary or


expedient so to do, it may, for reasons to be recorded in writing, extend such
period by such further period as it may think fit;

Provided also that no proceedings before such authority shall lapse


merely on the grounds that any period specified in this sub-section had expired
without such proceedings being completed.

(3) Against any decision of the authority under sub-section (2), a second


appeal shall lie to such authority as may be notified by the Government within
thirty days from the date of communication of the decision and the decision of
such authority on such appeal shall be final and binding on both the employer
and the employee and shall be given effect to within such time as may be
specified in the order of that Authority:

Provided that the second appeal shall not be entertained unless the


employer deposits the entire amount of back wages as ordered by the appellate
authority under sub-section (2) or the amount of compensation ordered as the
case may be:

Provided further that if the second appeal is against the order of


reinstatement given by the appellate authority under sub-section (2), the
employee shall be entitled to wages last drawn by him during the pendency of
the proceedings before the appellate authority.

(4) Where in any case, an appellate authority by its award directs

reinstatement of any employee and the employer challenges such award in any
Court of Law, the employer shall be liable to pay such employee during the
pendency of such proceedings, full wages last drawn by him, if the employee
had not been employed in any establishment during such period and an
affidavit by such employee had been filed to that effect in such Court:

Provided that where it is proved to the satisfaction of the Court that such

employee has been employed and has been receiving remuneration during any
such period or part thereof the Court shall order that no wage shall be payable
under this section for such period or part, as the case may be.

(5) Any amount directed to be paid under this section may be recovered 
(a) if the authority appointed under sub-section (1) is a Magistrate,
by the authority, as if it were a fine imposed by him as Magistrate ;
and

(b) if the authority is not a Magistrate, by any Magistrate, to whom
the authority makes application in this behalf as if it were a fine
imposed by such Magistrate.

**49. Notice and payment of service compensation to employees in the case**
**of transfer of establishment. - Where the ownership or management of an**
establishment is transferred, whether by agreement or by operation of law,
from the employer in relation to that establishment to a new employer, every
employee who has been in continuous employment for not less than six
months in that establishment immediately before such transfer shall be
entitled to the notice and the service compensation in accordance with the
provisions of sub-section (1) of section 47:

Provided that nothing in this section shall apply to an employee in any


case where there has been a change of employers by reason of the transfer, if 
(a) the employment of the employee has been interrupted by such
transfer;


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(b) the terms and conditions of employment applicable to the
employee after such transfer are not in any way less favourable to
the employee than those applicable to him immediately before such
transfer; and

(c) the new employer is under the terms of such transfer or
otherwise, legally liable to pay to the employee in the event of
termination of his services, service compensation on the basis that
his employment has been continued and has not been interrupted
by the transfer.


**CHAPTER IX**


**APPOINTMENT, POWERS AND DUTIES ETC., OF THE AUTHORITY TO**

**HEAR AND DECIDE CLAIMS RELATING TO WAGES ETC. OF EMPLOYEES**

**IN ESTABLISHMENTS**


**50. Appointment of authority to hear and decide claims relating to wages**
**etc., - The Government may, by notification, appoint an authority to hear and**
decide for any specified area all claims arising out of deductions from the
wages or delay in payment of the wages or service compensation payable under
this Act to employees in any establishment in that area.

**51. Claims arising out of deductions from wages or delay in payment of**
**wages etc., and penalty for malicious or vexatious claims - (1) Where,**
contrary to the provisions of this Act, any deduction has been made from the
wages of an employee in an establishment or any payment of wages or service
compensation to him has been delayed, such employee himself, or if he is dead
any of his dependents or any legal practitioner, or any official of a registered
trade union authorised in writing to act on behalf of such employee or
dependent, or any Inspector under this Act or any other person acting with the
permission of the authority appointed under section 50 may apply to such
authority for a direction under sub-section (2):

Provided that every such application shall be presented within one year


from the date on which the deduction from wages was made or from the date
on which the payment of the wages or service compensation was due to be
made, as the case may be:

Provided further that any application may be admitted after the said


period of one year when the applicant satisfies the authority that he had
sufficient cause for not making the application within such period.

(2) When any application under sub-section (1) is entertained the


authority shall, hear the applicant and the employer or give them an
opportunity of making representation either in person or through an
authorised representative, and after such further inquiry, if any, as may be
necessary, may, without prejudice to any other penalty to which such employer
is liable under this Act, direct the refund to the employee of the amount
deducted, or the payment of the delayed wages or the service compensation
together with the payment of such compensation as the authority may think
fit, not exceeding ten times the amount deducted or the amount of delayed
wages and not exceeding ten rupees in case of service compensation:

Provided that, no direction for the payment of compensation shall be


made in the case of delayed wages or service compensation if the authority is
satisfied that the delay was due to 
(a) a bona fide error or a bona fide dispute as to the amount
payable to the employee ; or

(b) the existence of exceptional circumstances, such that the
employer was unable, though exercising reasonable diligence, to
make prompt payment; or


(c) the failure of the employee to accept payment.


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(3) If the authority hearing any application under this section is satisfied


that it was either malicious or vexatious, the authority may direct that a
penalty not exceeding five rupees to be paid to the employer by the person
presenting the application.

(4) Any amount directed to be paid under this section may be recovered 
(a) if the authority is a Magistrate, by the authority as if it were a
fine imposed by him as Magistrate; and

(b) if the authority is not a Magistrate, by any Magistrate to whom
the authority makes an application in this behalf, as if it were a
fine imposed by such Magistrate.

_Explanation. - For the purposes of this section, the term 'employee' shall_
include part-time employee also.

**52. Single application in respect of claims from unpaid group - (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 subsection (2) of that section shall be ten rupees per head.

(3) The authority may deal with any number of separate pending


applications presented under section 51 in respect of persons belonging to the
same unpaid group, as a single application presented under sub-section (2) of
this section, and the provisions of that sub-section shall apply accordingly.

**53. Appeal - (1) An appeal against an order dismissing either wholly or in part**
an application made under sub-section (1) of Section 51 or against a direction
made under sub-section (2) or sub-section (3) of that section may be preferred
before the authority to be notified by Government within thirty days of the date
on which the order or direction was served on the applicant or the employer, as
the case may be
(a) by the employer, if the total sum directed to be paid by way of
wages, service compensation and compensation exceeds three
hundred rupees; or

(b) by the person who had applied under sub-section (1) of section
51 if the total amount of wages or service compensation claimed to
have been withheld from the employee or from the unpaid group to
which he belonged exceeds fifty rupees; or

(c) by any person directed to pay a penalty under sub-section (3) of
section 51.

(2) Save as provided in sub-section (1) any order dismissing either wholly


or in part an application made under sub-section (1) of section 51 or a
direction made under sub-section (2) or sub-section (3) of that section shall be
final.

**54. Conditional attachment of property of employer - (1) Where at any time**
after an application has been made under sub-section(1) of section 51, or
where at any time after an appeal has been filed under clause (b) of sub-section
(1) of section 53, the authority referred to in those sections is satisfied that the
employer is likely to evade payment of any amount that may be directed to be
made under section 51 or section 53, the Authority, except in cases where it is
of opinion that the ends of justice would be defeated by the delay, after giving
the employer an opportunity of making representation may direct the
attachment of so much of the property of the employer as is in the opinion of


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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 V of


1908), relating to attachment before judgment under that Code, shall, so far as
may be, apply to any direction for attachment under sub-section (1).

**55. Power of authority appointed under section 50 - Every authority**
appointed under section 50 shall have all the powers of a Civil Court under the
Code of Civil Procedure, 1908 (Central Act V of 1908) for the purpose of taking
evidence and of enforcing the attendance of witness and compelling the
production of documents, and every such authority shall be deemed to be a
Civil Court for all the purposes of section 195 and of Chapter XXVI of the Code
of Criminal Procedure, 1973 (Central Act 2 of 1974).

**56. Power of Government to prescribe costs and court fees for proceedings**
**under this Chapter - The Government may prescribe the scales of costs which**
may be allowed and the amount of court fees which shall be payable in respect
of any proceedings under this Chapter.

**CHAPTER X**

**APPOINTMENT, POWERS AND DUTIES OF THE CHIEF INSPECTOR AND**

**INSPECTORS**


**57. Appointment of Chief Inspector and Inspectors - The Government may,**
by notification, appoint a Chief Inspector and such number of Inspectors as
may be necessary for the purposes of this Act and fix the local limits of their
jurisdiction.

**58. Powers and duties of Chief Inspector - The Chief Inspector may exercise**
and perform in addition to the powers and duties conferred and imposed on
him by or under this Act, all the powers and duties of an Inspector under this
Act.

**59. Powers and duties of Inspectors - An Inspector may, within the local**
limits for which he is appointed, 
(a) enter at all reasonable hours with the assistance of such
persons in the service of the Government or any local authority as
he thinks fit, any place which is or which he has reason to believe
is used as an establishment;

(b) make such inspection of the premises and of any registers or
other records and take on the spot or otherwise evidence of such
persons, as he may deem necessary in the manner prescribed;

(c) exercise such other powers as may be necessary for carrying out
the purposes of this Act.

**60. Chief Inspector and Inspectors to be public servants - The Chief**
Inspector and every Inspector shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code, 1860.

**CHAPTER XI**

**PENALTIES FOR OFFENCES**


**61. Penalties - (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


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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 posses a valid certificate of

registration in contravention of the provisions of sections 3, 4 and 5 he shall,
on conviction be punishable, in the case of a continuing offence with a further
fine which may extend to rupees two hundred and fifty for each day during
which the offence continues.

(3) Whoever contravenes the provisions of section 8 shall be punishable


for a first offence with fine which may extend to one hundred rupees, and for a
second or subsequent offence with fine which may extend to two hundred and
fifty rupees.

(4) Whoever contravenes the provisions of sub-section (2) of section 48


shall on conviction be punishable with fine which may extend to rupees fifty for
each day during which the offence continues.

(5) Whoever contravenes the provisions of sub-section (3) of section 48


shall on conviction be punishable with a fine which may extend to rupees fifty
for each day during which the offence continues.

**62. Power to Compound offence - 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.

**63. Penalty for obstructing Inspector, etc., - 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 with both.

**64. Procedure in trial of offences - (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 of wages or service
compensation payable under this Act to an employee, 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 that his default
was due to
(a) a bonafide error or bonafide dispute as to amount payable to
the employee; or

(b) the existence of exceptional circumstances, such that the
employer was unable, though exercising diligence, to make prompt
payment; or


(c) the failure of the employee to accept payment.


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(3) No Court shall take cognizance of a complaint against any person for


an offence under section 61 other than the offence referred to in sub-section (1)
or for a contravention of any rule made under section 71 except on a complaint
made by or with the previous sanction in writing of an Inspector under this Act
within six months from the date on which the offence or contravention is
alleged to have been committed.

(4) In imposing any fine for an offence referred to in sub-section (1), the


Court shall take into consideration the amount of any compensation already
awarded against the accused in any proceedings taken under section 51.

**65. Bar of suits - No Court shall entertain any suit for the recovery of wages or**
service compensation or of any deduction therefrom in so far as the sum so
claimed
(a) forms the subject of an application under section 51 which has
been presented by the plaintiff and which is pending before the
authority appointed under 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 owned to the plaintiff; or


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


**66. Contracting Out - Any contract or agreement, whether made before or**
after the commencement of this Act, whereby an employee relinquishes any
right conferred by this Act shall be null and void in so far as it purports to
deprive him of such right.

**67. Offences to be tried by magistrate of second class or above - No Court,**
inferior to that of a Magistrate of the Second Class shall try any offence
punishable under this Act, or any rule or order made thereunder.


**CHAPTER XII**


**MISCELLANEOUS**


**68. Maintenance of registers and records and display of notices, etc., - (1)**
Subject to the control of the Government an employer shall maintain such
registers and records and display such notices, as may be prescribed. All such
registers and records shall be kept, and all such notices shall be displayed on
the premises of the establishment to which they relate.

(2) Every employer shall, on demand produce or cause to be produced for

inspection by an Inspector all registers, records, and notices required to be
kept by or under this Act.

(3) Every employer shall submit such returns relating to his business, in


such manner, within such period, and to such authority as may be prescribed.

(4) Every employer shall give an order of appointment of his employee in


the establishment before such employee joins the service and shall also furnish
a copy of such order to the Inspector having jurisdiction over the area, within
three days of issue of each such order:

Provided that in case of an employee in the service at the commencement

of this Act, the employer shall give such order of appointment within a period
of three months from the date of such commencement.

**69. Restriction on double employment on a Holiday or during leave - 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


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which the employee is given a holiday or is on leave in accordance with the
provisions of this Act.

**70. Delegation of powers. - (1) The Government may, by, notification,**
authorise any officer or authority subordinate to them to exercise any one or
more of the powers vested in them by or under this Act, except the powers
mentioned in section 71 subject to such restrictions and conditions, if any, as
may be specified in 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 persons so empowered.

**71. Power to make rules. - (1) The Government may, by notification, make**
rules for carrying out the purposes of this Act.

(2) In making a rule under sub-section (1), the Government may provide


that a contravention thereof shall be punishable with fine which may extend to
fifty rupees.

(3) The power to make rules conferred by this section shall be subject to


the condition of the rules being made after 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 is not
in session in the session immediately following for a total period of fourteen
days which may be comprised in one session or in two successive sessions, and
if, before the expiration of the session in which it is so laid or the session
immediately following the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall from the
date on which the modification on or annulment is notified have effect only in
such modified form or shall stand annulled, as the case may be, so however
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

**72. Rights and privileges under other laws etc., not affected - Nothing in**
this Act shall effect any rights or privileges which any employee in any
establishment is entitled to, on the date on which this Act applies to such
establishment, under any other law, contract custom or usage applicable to
such establishment, if such rights or privileges are more favourable to him
than those to which he would be entitled under this Act.

**73. Exemption - (1) Nothing in this Act shall apply to-**

(a) employees in any establishment in a position of management
and having control over the affairs of the establishment, whose
average monthly wages exceed sixteen hundred rupees;

(b) establishment under the Central and State Governments, local
authorities, the Reserve Bank of India, a railway administration
operating any railway as defined in clause 20 of article 366 of the
Constitution and Cantonment authorities;


(c) establishment in mines and oil fields;


(d) establishments in bazaars in places where fairs or festivals are
held temporarily for a period not exceeding one month at a time.

(2) Nothing in section 7 or section 15, as the case may be, shall apply to
(a) hospitals or other institutions for treatment or care of the sick,
the infirm, the destitute or the mentally unfit;

(b) such chemists' and druggists' shops as the Government may,
by general or special order, specify;


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(c) hair-dressing shops, clubs and residential hotels, educational
institutions, hostels attached to schools or colleges and

establishments maintained in connection with the boarding and
lodging of pupils and resident masters;

(d) stalls and refreshment rooms at railway stations, docks,
wharves, ports, airports or bus stands;

(e) establishments wholly or principally engaged in the sale of ice
or aerated waters;

(f) establishments wholly or principally engaged in the sale of
funeral requisites;

(3) Nothing in section 7, 9, and 12 or in section 15 shall apply to,
(a) person whose work is of an intermittent nature such as
caretaker, sweeper, travelling staff;

(b) persons employed for loading and unloading of goods at
godowns.

(4) The Government may, by notification, exempt either permanently or

for any specified period, any establishment or class of establishments, or
persons or class of persons, from all or any of the provisions of this Act, subject
to such conditions as they may deem fit.

(5)Notwithstanding anything in the foregoing sub-sections the


Government may, by notification apply or any of the provisions of this Act to
any class of persons or establishments mentioned in those sub-sections other
than those mentioned in clause (b) of sub-section (1) and modify or cancel any
such notification.

**74. Application of the workmen's Compensation Act, 1923 - The provisions**
of the Workmen's Compensation Act, 1923 (Central Act 8 of 1923), and the
Rules thereunder shall, so far as may be, apply to every employee to whom this
Act applies.

**75. Protection of persons acting in good faith. - No suit, prosecution or**
other legal proceeding shall lie against any person for anything which is in
good faith done or intended to be done under this Act.

**76. Power of Government to suspend provisions of the Act during fairs**
**and festivals - On any special occasion in connection with a fair or festival or a**
succession of public holidays, the Government may, by notification, suspend
for a specified period the operation of all or any of the provisions of this Act,
subject to such conditions as may be specified in such notification.

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

**78. Central Act 18 of 1942 not to apply to establishments governed by**
**this Act - On and from the date on which this Act comes into operation in**
respect of an establishment, the Weekly Holidays Act, 1942, shall cease to
apply to such establishment.

**79. Repeal and Saving - With effect on and from the date on which this Act is**
brought into force in any area, the Andhra Pradesh Shops and Establishments
Act, 1966, (Act 15 of 1966) as in force in that area shall stand repealed:

Provided that 
(a) every appointment, order, rule, notification or notice made,
issued or given under the provisions of the Act so repealed shall,
insofar as it is not inconsistent with the provisions of this Act, be
deemed to have been made, issued or given under the provisions of


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this Act, unless and until superseded by any appointment, order,
rule, notification or notice made, issued or given under this Act;

(b) any proceedings relating to the trial of any offence punishable
under the provisions of the Act so repealed shall be continued and
completed as if the said Act had not been repealed but had
continued in operation and any penalty imposed on such
proceedings shall be recovered under the Act so repealed.


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