Andhra Pradesh - Form 25

After China, India has long been regarded as the next great economic development storey. The demographic dividend is the primary driver of this success. India is a youthful country, with a median age of 28, compared to 37 in China and the United States.

To properly utilise the full potential of the demographic dividend, India needs world-class labour laws. The Andhra Pradesh Factories Rules, 1980, is a labour law that aims to benefit the employees and the employer.

In this article, we look at the following things, with a special emphasis on maintaining a muster roll under Form 25.

So let’s take a look:

What are the Andhra Pradesh Factories Rules, 1980?
Understanding Basic Terms

Employee
Employer
Factory
Adult workers
Government

The objectives of the Andhra Pradesh Factories Rules, 1980
What is a Muster roll?
What are the provisions regarding the Muster roll under Form 25?
What is the Presumption as to employment for Form 25?
Frequently Asked Questions

Let’s begin!

What are the Andhra Pradesh Factories Rules, 1980?

The Andhra Pradesh Factories Rules, 1980, is a factory law that the then Andhra Pradesh Government enacted in 1980. The Factories Act is a piece of public law designed to ensure the workplace safety, hygiene, and wellbeing of people on the job.

In India, the British Government introduced the first factory law in 1883. The British included this Act to establish specific workplace standards, including 8-hour workdays, the restriction of females working the night shift, and the eradication of child labour.

In independent India, the concept of social justice was crucial. With that in mind, the Factories Act of 1948 was adopted. This Act addresses issues such as working time, safety, and women's safety in the labour force.

Following the Factories Act of 1948, Andhra Pradesh enacted the Andhra Pradesh Factories Law in 1950. Under this factories law, Andhra Pradesh adopted the factories rules in 1980. The factories rules apply to all factories, including those owned by the state and the federal Government, in which:

With the usage of power, ten or more employees are working.
Without the usage of power, twenty or more employees are working.
If the activity is registered by the state Government, with less than ten employees.

Involved in the manufacturing process.

The important compliances for this law fall under various forms, like form 5, which is the certification of fitness, form 14, which is a register of all the child workers, and form 25, which deals with the maintenance of a muster roll.

Now let’s try to understand the basic terms under the Andhra Pradesh Factories Rules, 1980.

Understanding Basic Terms

Understanding the basic terminology is important for implementing and complying with the rules. These terms are very broad and can be interpreted in different ways. Now, we will look at these definitions to get the proper interpretation.

What is the definition of an Employee?

It refers to any worker (including an intern) engaged in a factory to do physical, supervisory, technical, or clerical labour. It makes no difference if the terms of service are stated or implicit. It also includes any other individual working in a plant or institution who the state may deem to be an employee for the objective of this Act.

What is the definition of an Employer?

It refers to a person who has ultimate authority over the business of such a factory when the affairs of such a factory have been assigned to any other person. They can be referred to as managers, administrators, supervisors, or by any other term.

What is the definition of a Factory?

A factory is defined as any location wherein ten or more people are employed to perform manufacturing activities, with or without the assistance of electricity.

The Government has also made this legislation relevant to power looms, sawmills, and some businesses that employ dangerous chemicals by releasing a notification. In addition, the occupant may not use any property as a 'factory' unless they have secured a valid licence.

What is the definition of Adult workers?

According to the Andhra Pradesh Factories Rules, 1980, an adult worker is a worker who has completed eighteen years of age. Form 25 of the Andhra Pradesh Factories Rules, 1980, makes it mandatory for all factories to maintain a muster roll with the attendance of all the adult workers.

What is the definition of Government?

According to the Andhra Pradesh Factories Rules of 1980, "Government" means the Government of the state of Andhra Pradesh.

We have a basic understanding of the important terms related to the Andhra Pradesh Factories Rules. So, let’s look at the objectives of the Andhra Pradesh Factories Rules, 1980.

The objectives of the Andhra Pradesh Factories Rules, 1980

Factory regulations have two primary objectives. Moreover, it must protect employee health, safety, and well-being. Interactions between employers and workers must be friendly. All of the objectives are intertwined with these two applications. The Andhra Pradesh Factories Rules, 1980, aim to:

To ensure that every worker gets fair wages.
To provide equal opportunities for both males and females.
To protect children from child labour and slavery.
To protect disabled people and provide them with employment opportunities.
To ensure proper working hours for all workers.
To create a safe working environment.
To provide welfare to workers.

We will look at what a "muster roll" is under Form 25.

What is a Muster roll?

A Muster Roll refers to all records in which workers' attendance is noted and preserved under any laws or enactments. It also includes computer printouts from the computerised attendance system that may be needed to be retained for the sake of salary distribution from time to time.

In the case of the Andhra Pradesh Factories Rules, every factory within the state needs to maintain a muster roll with the attendance of all the workers in the format prescribed by Form 25. Schedule 103 of the Andhra Pradesh Factories Rules, 1980 deals with the format and maintenance of Form 25.

Click on the link and download the Muster Roll Form no. 25 to register.

Next, we will look at the provisions regarding the Muster Roll under Form 25, under the Andhra Pradesh Factories Rules.

What are the provisions regarding the Muster roll under Form 25?

Under the Andhra Pradesh Factories Rules, 1980, every factory's management must keep a muster roll for all the workers working in the factory in the required Form 25 or an attendance record with the following information:

The worker's name
The worker's ticket number or token, if any
The group, if any, in which he is assigned, and the relay to which he is assigned.
A record of his attendance on each working day, identifying the days of annual leave, national and festival holidays authorised, compensatory holidays, medical leave, and any other leave with pay that he may be granted.

The attendance record under Form 25 can take the shape of a logbook, a register, or a certificate for each worker. In addition, it can be any monthly abstract produced from any electronic or other capture of pertinent data.

In every factory where individuals under the age of 18 are working, a separate attendance record under form 14 of such individuals must be kept. It must contain details regarding the person's age. It should also contain whether or not a certificate of fitness has been received for that specific worker.

Now, we will see what the presumption as to employment signifies under the ambit of form 25.

What is the Presumption of employment for Form 25?

Under form 25, if a worker is discovered in a factory at any time, save during pauses for lunches or rests, when work is being done or machinery is in action, he shall be presumed to be employed in the factory. If that is not the case, then the onus is on the factory owner or manager to prove otherwise.

What does this mean?

For the purpose of the factory rules, if a worker is available during working hours, they will be considered an employee of the factory. It also implies that the worker's name should be included in the muster roll under form 25.

Andhra Pradesh Muster Roll under Form 25: Frequently Asked Questions

Following, we have answered some of the important FAQs related to the Andhra Pradesh Factories Rules of 1980, Form 25, and Muster Roll:

Que 1: What exactly are the Andhra Pradesh Factories Rules, 1980?

The Andhra Pradesh Factories Rules, 1980, are classified as a Factory Act. The Factories Act is a piece of social law that was designed to ensure the health, safety, and wellbeing of people on the job. The Andhra Pradesh Factories Rules were enacted in 1980, by the state of Andhra Pradesh following the provisions of the Central Factory Act of 1948.

Que 2: What is Form 25?

Form 25 is the muster roll that is used to record the attendance of all the adult workers. It has the names of all the workers working in a factory and a record of their attendance on each working day.

Que 3: Why is Form 25 important?

The Andhra Pradesh Factories Rules, 1980, under Schedule 103 have made it mandatory for every factory to maintain attendance records for each worker in the form of a muster roll in the format prescribed under form 25.

Que 4: Does the Andhra Pradesh Factories Rules, 1980 apply to the state of Telangana also?

Yes, as of now, the Andhra Pradesh Factories Rules, 1980 apply to the state of Telangana also. However, they are free to enact their own rules under the Central Factories Act of 1948.

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Key Takeaways

We've finally arrived at the end of this article. Let's look at some crucial information we covered in this article.

The Andhra Pradesh Factories Rules, 1980, are the regulations enacted by Andhra Pradesh following the Factory Laws of 1948 in India. The Act applies to all factories within the state boundary, including those owned by the state and the central Government, with more than 10 workers engaged in manufacturing industries.
Employee: Any person working in a production unit is considered a worker, whether directly undertaking production or doing side work.
Employer: It includes the licence holder of that factory or any other person recruited by him, like a manager or a supervisor.
Factory: A factory is defined as any location wherein twenty or even more people are employed to perform manufacturing activities.
Adult Workers: An adult worker has reached the age of eighteen.
Government: Government means the Government of the state of Andhra Pradesh.
The Andhra Pradesh Factories Rules, 1980 aim to achieve a healthy relationship between employers and employees. Its main objectives are - to ensure that every worker gets fair wages, to provide equal opportunities for both males and females, protect children from child labour and slavery, to protect disabled people and provide them with employment opportunities, to ensure proper working hours for all workers, to create a safe working environment and to provide welfare to workers.
Muster Roll refers to all records of workers' attendance that are noted and preserved under any laws or enactments. For example, in Andhra Pradesh, a muster roll must be maintained in the format prescribed under Form 25.
Under form 25, if a worker is discovered in a factory at any time, save during pauses for lunches or rests, when work is being done or machinery is in action, he shall be presumed to be employed in the factory.