Do you want to know what the Andhra Pradesh Shops and Establishments Rules, 1988 does? Curious whether you are covered under the Act? The law is not just for the store owners, restaurant owners and factory owners — it is also applicable to those who work in such establishments.
Andhra Pradesh Shops & Establishments Rules, 1988 is the official legislation that the Andhra Pradesh state government has issued to regulate and control the operations of shops and establishments in the State of Andhra Pradesh.
As per the Annual Survey of Industries (ASI), the daily wages or earnings of a worker has nearly doubled from Rs. 148 in 2002 to Rs.275 in 2018. The Andhra Pradesh Form xxii Register of Employment is a form that covers all details of employment which results in timely payment of wages to the workers.
This article will give you a complete insight into how the AP Shop & Establishments Act works for the benefit of both the owners and employees.
Let us first understand what does this act cover?
1) What is Andhra Pradesh Shops and Establishments Rules, 1988?
2) What are the definitions included in the Andhra Pradesh Shops and Establishments Rules, 1988?
3) What is the necessity of the Andhra Pradesh Shops and Establishments Rules, 1988?
4) What is the purpose and significance of the Andhra Pradesh Shops and Establishments Rules, 1988?
5) Which are the objectives covered under the Andhra Pradesh Shops and Establishments Rules, 1988?
6) What is the form xxii register of employment?
What is Andhra Pradesh Shops and Establishments Rules, 1988?
The Andhra Pradesh Shops and Establishments Rules, 1988 is the set of regulations under which the employers in Andhra Pradesh are required to run their shops and establishments. The rules cover the safety, health and well-being of employees in the workplace.
The Act applies to all shops, commercial establishments and commercial workers.
The Andhra Pradesh Shops and Establishments Rules, 1988 is a set of rules made to govern the conditions of employees working in the State of Andhra Pradesh. The Government has framed the rules to regulate the shop and establishment activities in the State. The objective is to protect the welfare and interest of employees working in various shops, factories and establishments.
The varied provisions have been made to provide safe and healthy conditions at workplaces and promote fair employment practices. The rules also lay down instructions regarding the number of hours an employee has to work, states under which they have to work, requirements related to wages, leave benefits, etc.
What are the definitions included in the Andhra Pradesh Shops and Establishments Rules, 1988?
This Act shall be called the Andhra Pradesh Shops and Establishments Act, 1988.
It extends to the whole of the State of Andhra Pradesh.
- Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(a) "Appropriate Government" means, concerning any provision of this Act in so far as it relates to shops and commercial establishments, the State Government, and in so far as it relates to other establishments, the Central Government
(b) "Commercial establishment" means any place used for any commercial or industrial activity for which any remuneration, consideration or fee is charged whether directly or indirectly from persons resorting to that for purposes of trade or business
(c) "Establishment" means any shop, service station, hotel, restaurant, eating house, entertainment place, workshop, etc.
(d) "Master" includes a person having control over an establishment whether as owner or agent or manager or in any other capacity whatsoever
(e) "Place of work" includes every premises (whether enclosed or not), whereon work is being done by one or more employees and includes every premise wherein one or more persons are employed
What is the necessity of the Andhra Pradesh Shops and Establishments Rules, 1988?
To be more effective and economical in administration, the State Government must have a uniform set of rules for regulating shops and establishments similar to those existing in different States.
The Act's provisions are not sufficient to meet the needs of different categories of shops and establishments.
Intending to control and regulate the shop and establishment activities scientifically, it is necessary to establish some machinery that will provide legal status to such activities.
Moreover, there was no machinery available to enforce the provisions of the Act in its true spirit and prevent malpractices or illegal activities that may take place in various categories of shops or establishments and also ensure hygienic conditions under which they function.
Objects & Reasons:
Accordingly, specific proposals were formulated on which orders were issued by the Government from time to time to achieve uniformity among various categories of shops and establishments in this State.
Such orders were based on the Andhra Pradesh Shops & Establishments Rules, 1988. However, the said Rules had become obsolete over the years and could not fulfil the requirements arising out of ever-changing conditions. Hence, the amendments
What is the purpose and significance of the Andhra Pradesh Shops and Establishments Rules, 1988?
The Andhra Pradesh Shops and Establishments Rules, 1988 is a set of rules for the shops and commercial establishments in Andhra Pradesh. The Government notified the Rules of Andhra Pradesh under the provisions of the Shops and Commercial Establishments Act.
The Act aims at providing for regulation of premises used as shops or commercial establishments; rule of employment therein and safety, health and welfare of shop or commercial establishment workers; regulation of specific activities in shops or commercial establishments likely to spread infection or disease; regulation of child labour in shops or commercial establishments; regulation of shops, commercial establishments or any class thereof where goods are sold or distributed by weight, measure or other quantity; improvement in working conditions in shops or commercial establishments; and for matters connected in addition to that and incidental to it.
Which are the objectives covered under the Andhra Pradesh Shops and Establishments Rules, 1988?
The Andhra Pradesh Shops and Establishment Rules, 1988, was issued to provide for safe and healthy working conditions for workers in shops and commercial establishments; for regulation of employment of children below 14 years of age in any commercial establishment; to ensure that the workers are not required to work more than a maximum number of hours in a day or week; to provide for facilities for taking meals, morning and afternoon breaks during the hours of work; and to ensure that no worker shall be employed for work for more than one-half hour without an interval for rest.
The Andhra Pradesh Shops and Establishments Rules, 1988, were framed in accordance with the provisions contained in the Minimum Wages Act, 1948 and the Industrial Disputes Act, 1947. The main objectives covered under the rules are:
The Andhra Pradesh Shops and Establishments Rules, 1988 was framed with the following objectives in view:
(i) to secure for all workers employed in shops and commercial premises a better working environment, by regulating certain aspects of their employment
(ii) to ensure that whenever possible, there is no work for more than six days a week
(iii) to ensure that women are not required or permitted to work in any shop or commercial establishment on any day of the week preceding or following the day designated by the Government as a holiday
(iv) to provide for the health and safety of workers employed in shops and commercial establishments
(v) to ensure that persons below eighteen years of age are not employed in shops and commercial establishments during nighttime hours or in such other hours as may be prescribed
(vi) to provide for the regulation of closing hours of shops and commercial establishments
(vii) to provide proper ventilation, lighting, sanitation, drinking water and first-aid arrangements in shops and commercial establishments
What is the form xxii register of employment?
The Register of Employment is duly filled for the inspector that goes through a series of checks conducted by the officer. All the necessary details like the name and address are entered.
Employee credentials are duly filled in the form to know intricacies about employment conditions, total working hours, resting duration, and overtime.
All of the details are appropriately recorded to fulfil the indications of the Andhra Pradesh Shops and Establishments Rules, 1988.
FORM-XXII
[See Rule 29 (1)]
Register of Employment
Name of the Establishment/Shop........................... for the
month of .............................................................. 19.
Address: Registration No.
|
Sl No. |
Name of the employee |
Sex |
Age |
Days of months |
Date on which over- time is done and extent of such over- time work in each day |
Remarks |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
Time at which employment commences |
Time at which employment ceases |
Rest Date From to Extent Interval (a) (b) (c) (d) |
||||
|
(a) |
(b) |
(c) |
Wrapping Up
The Andhra Pradesh Shops and Establishments Rules, 1988, was framed by the Government of Andhra Pradesh to regulate employment conditions and ensure the welfare of persons employed in shops and establishments. The rules also aim to achieve a better degree of order and discipline in the case of unorganized sector and regulated sectors and to ensure reasonable accommodation for women, children, disabled persons, and members belonging to minority communities working therein.
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Key Takeaways
- A shop means any premises, whether open or enclosed, on which any trade, business or profession is carried on
- A factory means any premises, whether open or enclosed, in which 50 or more workers are working for wages for at least 60 days in a year
- A shop and a factory shall also include a mine, a quarry, an oil field or any other place of natural resources where work is carried on for profit-making purposes
- The Andhra Pradesh Shops & Establishments Rules 1988 was framed to provide protection to the workers employed in shops and factories and to the public from the hazards arising from the use of mechanical power and to regulate the working hours of such workers
- These rules apply to all shops & establishments in Andhra Pradesh except those manufacturing essential commodities like salt, sugar, etc. These orders are made applicable by the State Government
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