1. Short title, extent and commencement and application :-
(1) This Act may be called Andhra Pradesh Shops and Establishments Act, 1988.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by notification, appoint.
(4) It shall apply
(i) in the first instance to all areas in which the Andhra Pradesh Shops and Establishments Act, 1966 was in force immediately before the commencement of this Act;
(ii) to such other areas in the State on such date as the Government may, by notification, specify.
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 ancilliary 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;
(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) dependant 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 purpose of this Act;
(11) factory means a factory within the meaning of the Factories Act, 1948, (Central Act 63 of 1948);
(12) Government means the State Government;
(13) Inspector means an Inspector appointed under Section 50;
(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 establishment under this Act;
(19) registration certificate means a certificate issued under this Act;
(20) service compensation means the service compensation payable under Section 40;
(21) shop means any premises where any trade or business is carried on or where services are rendered to customers and includes a shop run by a Co operative 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 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 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 sub clause (d);
(vii) the subscription paid by the employee to life insurance and 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.
0 comments:
Post a Comment