AP RULES

THE ANDHRA PRADESH FACTORIES AND ESTABLISHMENTS (NATIONAL, FESTIVAL AND OTHER HOLIDAYS) RULES, 1974.

G.O.Ms.No.966, Employment and Social Welfare (Labour II), 16th December, 1974 Published in issue No.13 of R.S.Part I Extraordinary of A.P.Gazette, dt 19-12-74.

In exercise of powers conferred by sub sections (1) and (2) of Section 13 of the Andhra Pradesh Factories and Establishments (National, Festival and other Holidays) Act, 1974 (Act 32 of 1974), the Governor of Andhra Pradesh hereby makes the following rules:

RULES

1. Short title :- These rules may be called the Andhra Pradesh Factories and Establishments (National, Festival and other Holidays) Rules,1974.


2. Definitions :- In these rules, unless the context otherwise requires :

(a) " Act " means the Andhra Pradesh Factories and Establishments (National, Festival and other Holidays) Act 1974.

(b) " Form " means a form appended to these rules

(c) " Section " means a Section of the Act.


3. Notification of Festival Holidays :- (a) The Deputy Commissioners of Labour, may in their respective jurisdiction notify the five festival holidays (other than the 26th January, the 15th August and the 2nd October) each of one whole day in each calendar year, in consultation with the organisations of employers and employees.

Provided that if a majority of employees or a union of employees in any factory or establishment desire to have 1st May as one of the five holidays aforesaid in that factory or establishment, the employees or the Union of employees of the factory or establishment shall represent their its desire in writing to the Deputy Commissioner of Labour of the area before the end of November of each year.

(b) The Deputy Commissioner of Labour shall consider the aforesaid representation and shall notify the five holidays by 10th December of each year.


4. Statement to be sent to the Inspector and displayed in the industrial establishment :- (1) The statement to be sent to the Inspector by the employer under Section 4 of the Act shall be in Form I and shall be sent by Registered Post so as to reach the Inspector before commencement of each year in which the holidays are to be allowed.

(2) Every employer shall exhibit simultaneously in his factory or establishment a copy of the statement referred to in sub rule (1) at a place which can be readily seen and read by the employees and shall maintain it in a legible condition.


5. Manner of service of notice and calculation of daily average wage :- (1) The notice referred to under sub clause (i) of clause (a) of sub section (2) of Section 5 of the Act shall be in Form II and it shall be served

(i) by giving or tendering to the employee; or

(ii) if the employee is not found, by leaving such notice at his last known place of abode, or by giving or tendering the same to some adult member of his family.

(2) The signature of the person to whom the notice is given or tendered together with the date on which and the hour at which it was so given or tendered shall be obtained on a duplicate copy of the notice.

(3) For the purpose of the proviso to clause (b) of sub section (2) of Section 5 of the Act, the daily average wages of an employee mentioned in that sub section shall be calculated by dividing by twelve the total wages earned by him during any period of twelve days within a continuous period of thirty days immediately preceding the holiday concerned, such twelve days being days on which he had actually worked.


6. Maintenance of registers and records :- Every employer shall maintain a register in Form III and it shall be produced whenever it is required by the Inspector having jurisdiction over the area:

Provided that no separate register need be maintained if the Inspector having jurisdiction over the area in which the factory establishment is situated is satisfied that the particulars required are contained in any other register maintained by the employer.

(2) Every employer shall maintain a visit book in which the Inspector visiting the factory establishment may record his remarks regarding any defects that may come to light at the time of his Inspection and shall produce it whenever required to do so by the Inspector:

Provided that no separate visit book need be maintained where the employer maintains such a book with reference to the Andhra Pradesh Shops and Establishments Act, 1966 or the Factories Act, 1948.

(3) The register and notice required to be maintained and exhibited under these rules shall be in English and in the local language.

(4) The records relating to a calendar year shall be preserved for a period of subsequent two years.


*[6-A. Manufacturing Process :-Nothing in the Rules 4, 5 and 6 shall apply to a Factory under the Factories Act, 1948 (Central Act 63 of 1948) or an establishment engaged in manufacturing process as defined in Section 2(K) of the said Act, 1948.]


*[7. Penalty :- Any contravention of Rule 5 by the employer shall be punishable with fine which may extend to fifty rupees.]

P F Act

P F Act

  • EPFO Launched new Grievance Management Portal


    • Enhancement of the cash benefit on Pension:

  • Enhanced the cash benefit payable to the family of EPF subscribers on their death in service from present maximum of rs.60,000 to rs.1.00 lakh. Published in the gazette of india, part ii, section 3, subsection (i), vide number g.s.r. 523(e), dated the 18th june, 2010
  • Download Notification


    • EPF(Amendment) Scheme, 2011


    MINISTRY’ OF LABOUR AND EMPLOYMENT
    NOTIFICATION
    New Delhi, the 15th January, 2011

    G.S.R. 25(E).—In exercise of the powers conferred by Section 5, read with sub-section (1) of Section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952. namely

    1. (1) This Scheme may be called the Employees’ Provident Funds (Amendment) Scheme, 2011.

       (2) It shall come into force from the 1st day of April, 2011

    2. In the Employees’ Provident Funds Scheme, 1952, (hereinafter referred to as the said Scheme), in paragraph 60, after sub-paragraph (5), the following sub-paragraph shall be substituted, namely:—

    “(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of paragraph 72”

    3. In the said Scheme, in paragraph 72, in sub-paragraph (6):—

       (a) for the words “but no claim has been preferred” the words “but no application for withdrawal under paragraphs 69 or 70 or transfer, as the case may be has been preferred ” shall he substituted:

       (b) for the words “three years”, at both the places where they occur, the words “thirty six months” shall be substituted.

        [F. No. S-35012/01/2010-SS-1I]
    S. K.. DEV  VERMAN, Jt. Secy.

    For more details :
    The PF old balance will stop earning interest. After three years of inactivity.
  • Download Notification

    • ESIC

    Employees’ State Insurance (Amendment) Act, 2010.


    Following are the some salient feature of the ESI (Amendment) Act, 2010.
    Extension Of The ESI Scheme To The Construction Site WorkerS :

  • The Construction site workers who were kept out of coverage of ESI act till date, Now covered with the implementation of it roll out "any time, anywhere". esic services will be available to these mobile and migratory workers with no geographical barrier.


    • APPRENTICES COVERED:

  • Benefits under the scheme have also been extended to apprentices and trainees employed under Apprentice Act and Standing Order Act.


    • POWER TO APPROPRIATE GOVERNMENT;

  • The appropriate Government is empowered to extend the provisions of ESIC Act 1948 to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice of its intention of doing so by notification in Official Gazette instead of notice period of six months.


    • DEFINITION OF DEPENDENT EXPANDED:

  • Definition of “dependents” as contained in clause 6A of section 2 of the Act has been extended to enlarge the number of beneficiaries under the act such as:
  • A widow, a legitimate or adopted son below the age of 25 years and an unmarried legitimate or adopted daughter. The age limit of the dependants has been enhanced from 18 to 25.

  • Dependent parents as per definition of “family” has been substituted so as to include;

    • “A minor brother or sister wholly dependent upon the earnings of the insured person in case the insured person is unmarried and his or her parents are not alive”. It has been also clarified that dependent parents to include “Dependent parents, whose income from all sources does not exceed such income as prescribed by the Central Government”.

    SMALL FACTORIES ALSO ARE COVERED:

  • The definition of Factory under Section 2(12) has been amended to expand coverage of smaller factories. The amended Act covers all factories, which employ 10 or more persons irrespective of the fact whether the manufacturing process is being carried out with the aid of the power or without the aid of the power.


    • INSPECTORS RE-DESIGNATED AS SOCIAL SECURITY OFFICERS:

  • The designation of Inspector has been re-designated as “Social Security Officer” to enroll them as facilitator of the Scheme rather than to act as mere inspectors.


    • VRS EMPLOYEES ALSO COVERED:

  • Medical benefits to the insured person and his spouse have been extended under circumstances where insured person retires under Voluntary Retirement Scheme or takes premature retirement. In the earlier Act the benefit was applicable only on attaining the age of superannuation. Proviso to sub section 3 of section 56 has been substituted to provide the same.


  • NOTIONAL EXTENSION OF PREMISES:

  • Accident occurring to an insured person while commuting from his residence to the place of employment and vice-a-versa shall be deemed to have arisen out of and in the course of employment for the purpose of benefit under the Act. A new section 51-E has been added for this purpose.


    • UNORGANIZED SECTOR EMPLOYEES COVERED:

  • A new Chapter V-A has been added to enable provision for extending medical care to non insured persons against payment of user-charges to facilitate providing medical care to the below poverty line (BPL) families and other un-organized sector workers covered under the Rashtriya Swasthya Bima Yojana (RSBY).


  • Exemption of a factory or establishment or class of factories or establishments from the operation of this Act will be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.


  • Section 91 A of the Act is amended to removing. retrospective grant of exemption from the provision of the Act
  • Download ESI (Amendment) Act 2010


    • ESIC ONLINE PORTAL:

  • ESIC Launched New Online Portal for Submitting Application and Returns


    • ESI WAGE CEILING:

  • ESI WAGE CEILING ENHANCED FROM Rs. 10000 TO Rs. 15000 w.e.f 01-05-2010
  • Download ESI Wage Ceiling Notification

    •
    Minimum Wages

    AP MINIMUM WAGE

    SECURITY SERVICES :
  • Zone I:All Municipal Corporations
  • Zone II : All Municipalities
  • Zone III : Rest of the area


  • Highly Skilled :
    • (Security Supervisor/ Officer/ Field Officer)

    Z-I: 7500, Z-II: 6500,Z-III: 5000

  • Skilled :
    • (Security Inspector/ ASO/ Intelligance and Fire Fighting Personal, Head Gaurd)

    Z-I: 7000, Z-II: 6000, Z-III: 4500

  • Semi-Skilled :
    • (Asst. Security Inspector /Security Gaurds with Arms)

    Z-I: 6500, Z-II: 5500, Z-III: 4250

  • Un-Skilled :
    (Security Gaurds without Arms)

    • Z-I: 5000, Z-II: 4250, Z-III: 4000


    CONTRACT LABOUR :

    Andhra Pradesh contract labour minimum wages are revised w.e.f 18 aug'09 as:
  • Un-Skilled: Rs. 155 per day, Rs. 4030 per month

  • Semi-Skilled: Rs. 195 per day, Rs. 5070 per month

  • Skilled: Rs. 235 per day, Rs. 6110 per month
    •

    I D Act 2010

  • Enhancement of wage ceiling of a workman from Rs. 1600/- pm to Rs. 10000/- pm under section 2(s) of the Act

  • Direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of section 2A of the Act

  • Expanding the scope of qualifications of Presiding Officers of Labour Courts or Tribunals under sections 7 and 7A of the Act
  • Establishment of Grievance Redressal Machinery in every Industrial establishment employing twenty or more workmen for the resolution of disputes arising out of individual grievances

  • Empowering the Labour Court or Tribunal to execute the awards, orders or settlements arrived at by Labour Court or Tribunal
  • Link to ID Act (Amnd) Act, 2010

    •

    HR Info.in

    Hr Info.in

    Workmen's compensation Act, 2010

    Given below are the synopsis of the changes.

  • THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009 is now renamed as THE EMPLOYEE'S COMPENSATION (AMENDMENT) ACT, 2009 and wherever "workman" or "workmen" is mentioned in the entire Act the same needs to be read as "Employee" to make it gender sensitive.


  • The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor.


  • The compensation payable on Permanent Total Disablement from the injury, is (i) minimum of Rs.90000 is increased to Rs.140000 or (ii) 60% of the monthly wages of deceased multiplied by the relevant factor.


  • actual reimbursement of medical expenses incurred on account of injury caused during course of employment.


  • Empower the Central Government to specify monthly wages for the purpose of compensation. It is 50% of Rs.8000/-. This amendment is notified vide Central Government Notification No. S.O. 1258(E) vide Ministry of Labour & Employment dated 31st May 2010.


  • Definition of workmen replaced by "Definition of Employee"- also now includes CLERICAL employees.


  • The Commissioner shall dispose compensation cases within a time period of 3 months.
  • Download Emploee's Compensation (Amnd) Act, 2010
  • Download Emploee's Compensation Wage Limit Notification

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