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 to 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 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 person 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 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 notification 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 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.

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) 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

(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;

(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 but 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 Sections 9, 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 section, the Government may, by notification apply all 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, 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 to 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 Co operative Societies :- Notwithstanding any thing 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 establishment 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 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 repealed but had continued in operation and any penalty imposed in such proceedings shall be recovered under the Act so repealed.

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 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, 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 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 fine 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 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 that his default was due to :

(a) a bonafide error or bonafide dispute as to the 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.

(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 owed to the plaintiff;or

(d) could have been recovered 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 Second Class shall try any offence punishable under this Act or any rule or order made thereunder.

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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 of 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.

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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 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:

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 bonafide error or a bonafide 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.

(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 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 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.

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 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 be, apply to any direction for attachment under sub section (1).

55. Power of authority appointed under Section 50 (Central Act 5 of 1908) :- 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).

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.

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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 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: 

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 bonafide error or a bonafide 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.

(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 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 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.

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 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 be, apply to any direction for attachment under sub section (1).

55. Power of authority appointed under Section 50 (Central Act 5 of 1908) :- 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).

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.