AP Shops & Establishment Act
AP Shops & Establishment Act
AP Shops & Establishment Act
12 Penalty 5-5
13 Leaves 5-5
16 Holidays 5-5
Objective of the act: the Andhra Pradesh shops and establishment act, 1966 was enacted to
consolidate and amend the law relating to the regulation of conditions of work and employment in
shops, commercial establishments and other establishments and for matter connected therewith.
In the implementation of the said Act. And in the changed conditions in Labour relations, it is
found necessary to provide for some more measures for safeguarding the interests of the
employees. With a view to enlarge the beneficial provisions under the act and to make provisions
for some more facilities and benefits to the employee in the shops and establishments to suit the
present need, there is eminent necessity to make a new law in repeal of the Act 1966 Act . It has
been decided to …
2) Entrust the functions of judicial authorities under the act to the department offices to
render speedy relief to the employees under the provisions of the act; and
3). Provide the more stringent punishment to the offending employers to Act as deterrent to
prevent abuse of the various welfare provisions of the enactment.
An act to consolidate and amend the law relating to the regulation of conditions of work and
employment in shops, commercials Establishments, restaurants, theatres and other
establishments and matter connected therewith.
(2)
Definition of Wage :Wages means every remuneration, whether by way of salary, allowance, or
otherwise expressed in terms of money or capable of beings to 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 o order of a Tribunal
or Court
b). any remuneration to which the employee is entitled in respect of overtime work or holidays
or any leaves 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 the law, contract or instrument which provides fro 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:
1). 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
the 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 may have accrued thereon;
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 case other
than those specified in sub-clause (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 provision of this Act and the bonus
which may have accrued thereon. Or
In case of a new establishment with in 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
O receipt of such statement, the inspector shall register the establishment in the register of
establishment 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.
Revocation or suspension of the registration Certificate: If the area Inspector is satisfied either
a reference to him in this behalf of other wise
The registration certificate granted under the section 3 pr renewal under section 4 has been
obtained by misrepresentation, fraud or suspension of any material fact:
The employer has willfully contravened any of the provisions of this act or the rules are made there
under.
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 prescribed
Opening and closing hours of shops; No shop shall on any day be opend earlier or closed later that
such hours as may, after previous publication, be fixed by the government by general or special order
in that behalf.
Any customer who has a 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
The government may, for the purpose of this section, fix different hours for different classes of
shops or fro different
Daily & Weekly hours of work in Shops: An employee in any shop shall be required or allowed to
work therein for more than eight hours in nay day and forty-eight hours in a week.
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 maximum period of Six hours in a week
(4)
Certificate Validity:
Every issued certificate issued under the sub sec (2), shall be valid with effect from the date on
which it is issued upto the 31st Day of the December following.
Every employer shall give intimation to the inspector, in the prescribed form, any changes in any of
the particulars in the statement made under sub-section (1) with in fifteen days after the change has
taken place, The inspector shall, on the receipt of such intimation and fees prescribed thereof make
the change in the register of establishment in accordance with such intimation and shall amend the
registration certificate or issue a fresh registration certificate, if necessary
Closing of the Establishment
The employer shall, within fifteen days of the closer 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 establishment and cancel the registration certificate.
Renewal of registration certificate: The inspector may, on an application made by the employer
accompanied by the fees prescribed thereof 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.
Every application for the renewal of the registration certificate shall be made in to reach the
inspector not later than thirty days before the date of its expiry.
An application for the renewal of a registration certificate not later than thirty days after its expiry
maybe entertained by the inspector on the applicant paying such penalty as may be prescribed, by the
government from time to time
(5)
Penalty are: Application submitted on or after 2nd December but before 31st Dec:: 25% of the fees
Application submitted on or after 1st January: 50% of the fees
Leaves: Every employee who has served with 240 days or more during a continuous period of 12
months in any establishment shall be entitled during the subsequent period of twelve months , to
leave with wages may be accumulated upto a maximum period of sixty days
Encashment of leaves: Every employee in any shop or establishment shall be entitled for
encashment of leave with wages for a period of 8 days in a year
Weekly holidays in shops, restaurants and theatres: Every person employed otherwise than in a
confidential capacity or in a position of management in any shop, restaurant or theatre shall be
allowed in each week a holiday of one whole day:
Provided that nothing in this section shall apply to any person whose total period of
employment in the week including any days spent on authorized leave is less than six days or entitle
to an additional holiday a person employed in a shop who has been allowed a whole holiday on the
day on which the shop has remained closed in pursuance of section 3.
Holiday: Every employee in any establishment shall be allowed in each week a holiday of one whole
day.
Other Holidays : Every employee in any establishment shall also be entitled to Nine holidays in a
year with wages on the days to be specified by the notification, from time to time .
Government which shall includes the 26th January( republic day), Ist May( may day), 15th
August( Independence day), 2nd October ( Gandhi Jayanthi), and 1st November( AP Formation day) and
on every such holidays all the establishments , either with or without employees shall remain closed
Special Provision for women: No women employee shall be required or allowed to work in any
establishment before 6.00am and after 8.00pm.
Maternity Leave: The periods of absence from duty in respect of which a woman employees in
entitled to maternity benefit under section 25, shall be treated as authorized absence from the duty
and the woman employee shall be entitled to maternity benefit, but not to any wages for any of those
periods
Maternity benefit: Every woman who has been for a period not less 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 such maternity benefit and in such manner as may be
prescribed.
(6)
5). Every employer shall maintain a visit book in which an inspector visiting the establishment may
recode his remarks regarding any defects that may come to light at the time of his visit or give
directions regarding production of any documents required to be maintained or produced under the
provisions of the act and the rules.
6) The visit book shall be a bound book more or less of size(18cms*15c.ms) containing 100 pages.
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1. Classification of Establishment 1. Proprietory Firm
2. Partnership Firm
3. Private Limited Company
4. Public Ltd., Company.
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2. Category of Establishment 1. Shop
2. mercial Establishment
3. Hotel, Restaurants Catering House Lodging and Café
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6.Employer/Managing Partner/ Name : ___________________________
Managing Director as the Father’s Name _____________________
case may be Designation _______________________
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(8)
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9. Nature of Business :
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10. Date of Commencement Date Month Year
of business :
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11.Name of family member of employees family engaged in Shop/Establishment
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Relationship Adults Young Persons
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Male :
Female :
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Total
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Female
Total
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(9)
Note : This statement shall be submitted to the Inspector of the concerned area accompained by Challan in support of
payment of fees as Prescribed Schedule 1.
(10)
I hereby declare that the above information is true to the best of my knowledge and belief.