The Telangana Shops and Establishments Act, 1988

(1) This Act may be called the Telangana Shops and Establishments Act, 1988. (2) It extends to the whole of the State of Telangana. (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 Telangana 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.

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 ancillary 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, 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) „dependent‟ 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; 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 purposes of this Act; (11) „factory‟ means factory within the meaning of the Factories Act, 1948; (12) „Government‟ means the State Government; (13) „Inspector‟ means an Inspector appointed under section 57; (14) „notification‟ means a notification published in the Telangana 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 priscribed 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 47; (21) „shop‟ means any premises where any trade or business is carried on or where services are rendered to customer 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;

(1) Every employer of an establishment shall,- (i) in the case of an establishment existing on the date of commencement of this Act, within thirty days from that date; and (ii) in the case of a new establishment, within thirty days from the date on which the establishment commences its work, send to the Inspector concerned a statement containing such particulars, together with such fees, as may be prescribed. (2) On receipt of such statement, the Inspector shall register the establishment in the register of establishments in such manner as may be prescribed and shall issue in the prescribed form a registration certificate to the employer who shall display it at a prominent place of the establishment: Provided that if no adverse order is passed by the Inspector within thirty days from the date of submission of the statement under sub-section (1), then the registration shall be deemed to be duly granted. Provided further that to facilitate the starting of business, no inspection need be conducted prior to registration. Provided also that, on uploading the application for registration along with other enclosures as may be prescribed, provisional registration shall be granted within 24 business hours and be valid until a final order is passed on the application for registration. (3) Every registration certificate issued under sub-section (2), shall be valid with effect from the date on which it is issued upto the 31st day of December following. (4) Every employer shall give intimation to the Inspector, in the prescribed form, any change in any of the particulars in the statement made under sub-section (1) within fifteen days after the change has taken place. The Inspector shall, on receipt of such intimation and the fees prescribed therefor make the change in the register of establishments in accordance with such intimation and shall amend the registration certificate or issue a fresh registration certificate, if necessary. (5) The employer shall, within fifteen days of the closure of the establishment, give intimation thereof in writing to the Inspector, who shall, on receipt of such intimation, remove the name of the establishment from the register of establishments and cancel the registration certificate: Provided that, where the Inspector is satisfied otherwise than on receipt of such intimation, that the establishment has been closed, he shall remove the name of such establishment from the register and cancel the registration certificate.

If the Inspector is satisfied, either on a reference made to him in this behalf or otherwise, that– (a) the Registration Certificate granted under section 3 or renewed under section 4 has been obtained by mis-representation, fraud or suppression of any material fact; or (b) the employer has wilfully contravened any of the provisions of this Act or the Rules made thereunder, the Inspector may, without prejudice to any other penalty to which the employer may be liable under this Act, revoke or suspend the Registration Certificate, after giving the employer an opportunity of showing cause.

(1) Any person aggrieved by an order made under section 5 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority as may be prescribed: Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal within two months.

(1) No shop shall on any day be opened earlier or closed later than such hour as may, after previous publication, be fixed by the Government by a general or special order in that behalf: Provided that, any customer who was being served or was waiting to be served in any shop at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour. (2) The Government may, for the purposes of this section, fix different hours for different classes of shops or for different areas or for different time of the year.

No person shall carry on, in or adjacent to, a street or public place, the sale of any goods, before the opening and after the closing hours fixed under section 7 for the shops dealing in any kind of goods in the locality in which such street or public place is situated: Provided that, nothing in this section shall apply to the sale of – (i) News papers; (ii) flowers; (iii) pan; (iv) vegetables and fruits; and (v) such other goods as the Government may, by notification, specify from time to time.

No employee in any shop shall be required or allowed to work therein for more than five hours in any day unless he has had an interval for rest of at least one hour:

The periods of work of an employee in a shop shall be so arranged that along with his intervals for rest, they shall not spread over for more than twelve hours in any day: Provided that, where an employee works on any day for the purpose of stock-taking and preparation of accounts, the spread over shall not exceed fourteen hours in any such day on payment of over-time wages.

In addition to the holidays mentioned in section 12 the Chief Inspector may, by notification and during with the previous approval of the Government, require in respect of any specified class of shops that they shall be closed on any specified day or days in the public interest.

The provisions of this Chapter shall apply only to establishments other than shops.

(1) No establishment shall on any day be opened earlier, or closed later, than such hour as may, after previous publication, be fixed by the Government by general or special order in that behalf: Provided that, in the case of a restaurant or eating-house, any customer who was being served or was waiting to be served therein at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour. (2) The Government may, for the purposes of this section, fix different hours for different classes of establishments or for different areas or for different times of the year.

No employee in any establishment shall be required or allowed to work in such establishment for more than five hours in any day unless he has had an interval for rest of at least one hour: Provided that the Chief Inspector may, in the case of an establishment whose daily hours of work are less than eight hours, reduce interval for rest to half-an-hour on an application made by the employer, with the consent of the employees.

The periods of work of an employee in an establishment shall be so arranged that, along with his interval for rest, they shall not spread over for more than twelve hours on any day: Provided that, where an employee works on any day for the purpose of stock taking and preparation of accounts the spread over shall not exceed fourteen hours on any such day on payment of over-time wages.

(1) Every employee in any establishment shall be allowed in each week a holiday of one whole day: Provided that, nothing in this sub-section shall apply to any employee whose total, period of employment in the week, including any days spent on authorised leave is less than six days. (2) The Government may, by notification, require in respect of any specified class of establishments that every employee therein shall be allowed in each week an additional holiday of one half-day commencing at such hour in the afternoon as may be fixed by the Government. (3) The Government may, for the purposes of sub-section (2), fix different hours for different classes of establishments or for different areas or for different times of the year. (4) No deduction shall be made from the wages of any employee in an establishment on account of any day or part of a day on which a holiday has been allowed in accordance with this section and if such employee is employed on the basis that he would not ordinarily receive wages for such day or part of a day, he shall none the less be paid for such day or part of a day the wages he would have drawn, had the holiday not been allowed on that day or part of a day. (5) It shall not be lawful for the employer to call an employee at or for the employee to go to, his establishment or any other place for any work in connection with the business of his establishment on any day or part of a day on which a holiday has been allowed in accordance with this section.

No Child shall be required or allowed to work in any establishment.

No young person shall be required or allowed to work in any establishment before 6 a.m. and after 7 p.m.

(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; Notwithstanding anything in this Act, no young person shall be required or allowed to work in any establishment for more than 7 hours in any day and forty-two hours in any week nor shall such person be allowed to work overtime.

(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 a 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 concesssion; (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 the 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; No Woman employee shall be required or allowed to work in any establishment before 6-00 a.m. and after 8-30 p.m.

(24) „week‟ means a period of seven days beginning at mid-night on Saturday; The periods of absence from duty in respect of which a women employee is entitled to maternity benefit under section 25, shall be treated as authorised absence from duty, and the women employee shall be entitled to maternity benefit, but not to any wages for any of those periods.

(25) „young person‟ means a person who is not a child and has not completed eighteen years of age. Every woman who has been for a period of not less than six months preceding the date of her delivery in continuous employment of the same employer whether in the same or different shops or commercial establishments, shall be entitled to receive from her employer for the period of– (a) six weeks immediately preceding the day of delivery; and (b) six weeks following the day of delivery; such maternity benefit and in such manner as may be prescribed: Provided that, no woman employee shall be entitled to receive such benefit for any day during any of the aforesaid periods, on which she attends work and receive wages thereof.

The premises of every establishment shall be kept clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be prescribed.

The premises of every establishment shall be ventilated as provided for in the laws relating to the municipalities, gram-panchayats or other local authorities for the time being in force.

(1) In every establishment other than such esablishment or class of establishments as the Government, may by notification, specify, such precautions against fire shall be taken as may be prescribed. (2) If power driven machinery is used, or any process which, in the opinion of the Government, is likely to expose any employee to a serious risk of bodily injury is carried on in any establishment, such precautions including the keeping of first aid box shall be taken by the employer for the safety of the employees therein, as may be prescribed.

(1) No employee in any establishment shall be required or allowed to engage in the manual transport of a load therein which by reason of its weight is likely to jeopardise his health or safety. (2) The Government may, for the purposes of this section prescribe different maximum limits of weight for different classes of employees in any establishment. Explanation:- For the purposes of this section, the term „manual transport of a load‟ means any transport in which the weight of the load is wholly borne by one employee, inclusive of the lifting and putting down of load.

(1) Every employee who has served for a period of two hundred and forty days or more during a continuous period of twelve months in any establishment shall be entitled during the subsequent period of twelve months, to leave with wages for a period of fifteen days, provided that such leave with wages may be accumulated upto a maximum period of sixty days: Provided that any continuous period of service in an establishment preceding the date on which this Act applies to that establishment shall also count: (1) Every employee in any shop or establishment shall be entitled for every year of continuous service within the establishment to leave with wages for a period of not less than fifteen days for every year of service, subject to a maximum of forty-five days. Provided that any leave accumulated by an employee in an establishment under the law applicable to that establishment preceding the date on which this Act applies to it, shall not be affected: Provided also that every employee in any shop or establishment shall be entitled for encashment of the leave with wages for a period of eight days in every year. (2) An employee may apply in writing to the employer, not less than seven full working days before the date of availing himself of his leave, to allow all the leave or any portion thereof, to which he is entitled under sub-section (1): Provided that the number of installment for taking leave shall not exceed three during a period of twelve months. (3) An employee who has been allowed leave for not less than five days under sub-section (2) shall before his leave begins, be paid the wages due for the period of the leave allowed if he makes a request therefor. (4) Every employee who has served for a period of not less than two hundred and forty days during a continuous period of twelve months in any establishment shall be entitled for encashment of eight days of leave with wages that has accrued to him under sub-section (1) during the subsequent period of twelve months. The employer shall pay to the employee the wages for the leave so encashed by the employee within a week of receipt of the application for such encashment from the employee. (5) Every employee in any establishment shall also be entitled during his first twelve months of continuous service and during every subsequent twelve months of such service (a) to leave with wages for a period not exceeding twelve days on the ground of any sickness or accident and (b) to casual leave with wages for a period not exceeding twelve days on any reasonable ground. (6) Every employee in an establishment after he has put in not less than six months of service under the same employer, shall also be entitled for a special casual leave not exceeding six days only once during his entire service, if he has undergone vasectomy or tubectomy operation, subject to the production of a certificate therefor from an authorised medical practitioner under whom he has undergone the operation. (7) If any employee entitled to any leave under sub-section (1) is discharged by his employer before he has been allowed such leave, or it the leave applied for by such employee has been refused and if he quits his employment before he has been allowed the leave, the employer shall pay him the amount, payable under this Act in respect of the period of leave. (8) If an employee is lawfully discharged by his employer when he is sick or suffering from the result of an accident, the employer shall pay him the amount payable under this Act in respect of the period of leave to which he was entitled at the time of his discharge in addition to the amount, if any payable to him under sub-section (3). (9) An employee in a hostel attached to a school or college or in an establishment maintained in connection with the boarding and lodging of pupils and resident masters, shall be allowed the privileges referred to in sub-sections (1) to (8), reduced however proportionately to the period for which he was employed continuously in the previous year or to the period for which he will be employed continuously in the current year, as the case may be; and all references to the periods of leave in sub-sections (1) and (5) shall be construed accordingly, fractions of less than half a day being disregarded.

(1) Every employee shall, for the period of the leave allowed under sub-sections (1) and (5) of section 30 or the holidays allowed under section 31, be paid at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding month exclusive of any earning in respect of overtime.

Notwithstanding anything in section 30, the Government may, by notification, increase the total number of days of leave allowable under sub-section (1) of that section and the maximum number of days upto which such leave may be accumulated in respect of any establishment or class of establishments.

(1) Every employee who has served in an establishment for a period of not less than one year shall subscribe to the insurance scheme or Insurance-cum-Saving scheme as may be notified by the Government to be applicable to the establishment in which the employee is working, at the rates, stipulated by the Government in the notification either in lumpsum every year or in monthly installments as may be prescribed by the Government in the notification. For this purpose the employer, shall make the payment to the authority notified by the Government on behalf of the employee on or before the stipulated date and recover the same from the wages payable to the employee. (2) In addition to the subscription of the employee mentioned in sub-section (1), every employer of the establishment to which the scheme of insurance or Insurance-cum-Savings is made applicable by the Government, shall also pay such percentage of annual wages of employee as may be notified by the Government, from time to time to the authority notified for the purpose as employer’s contribution on or before the specified date every year.

Every employer shall be responsible for the payment by him to employees of all wages and sums, required to be paid under this Act.

(1) Every employer shall fix periods (herein-after referred to as wage-periods) in respect of which such wages shall be payable. (2) No wage-period shall exceed one month.

Where any employee in any establishment is required to work over-time he shall be entitled, in respect of such over-time work, to wages at twice the ordinary rate of wages: Provided that, where the normal hours of work in an establishment are ordinarily less than eight hours a day and 48 hours a week, he shall be entitled in respect of work in excess of such normal hours upto eight hours a day and forty eight hours a week to wages at the ordinary rate of wages and in respect of work in excess of eight hours a day and forty eight hours a week at twice the ordinary rate of wages, in addition to the wages for the normal hours of work. Explanation:- For the purpose of this section, the expression ‘ordinary rates of wages’ shall mean such rate of wages as may be calculated in the manner prescribed.

(1) The wages of every employee shall be paid before the expiry of the fifth day after the last day of the wage-period in respect of which the wages are payable. (2) Where the service of any employee is terminated by or on behalf of the employer the wages earned by such employee shall be paid before the expiration of the second working day from the day on which his employment is terminated. (3) The Government may, by general or special order and for reasons stated, therein exempt an employer from the operation of this section in respect of the wages of any employee or class of employees to such extent and subject to such conditions as may be specified in the order. (4) All payments of wages shall be made on a working day.

All wages shall be paid in current coin or currency notes or in both.

(1) No fine shall be imposed on any employee save in respect of such acts and omissions on his part as the employer, with previous approval of the Government or of the prescribed authority may have specified by notice under sub-section (2). (2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on. (3) No fine shall be imposed on any employee until he has been given an opportunity of showing cause against the fine or other wise than in accordance with such procedure as may be prescribed for the imposition of fines. (4) The total amount of fine which may be imposed in any one wage period on any employee shall not exceed an amount equal to three paise in the rupee of the wages payable to him in respect of that wage period. (5) No fine shall be imposed on any employee who has not completed the age of fifteen years. (6) No fine imposed on any employee shall be recovered from him after the expiration of sixty days from the day on which it was imposed. (7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed. (8) All fines and all realisations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the employees in the establishment as are approved by the prescribed authority. Explanation:- When the employees are only part of a staff employed under the same management all such realisations may be credited to a common fund maintained for staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority.

(1) A deduction under clause (c) of sub-section (2) of section 40 shall not exceed in respect of the damage of goods, one half of the amount of such damage and in respect of loss of goods or money, the amount of such loss caused to the employer by negligence or default of the employee and shall not be made until the employee has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions. (2) All such deductions and all realisations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed.

A deduction under clause (d) or clause (e) of sub-section (2) of section 40 shall not be made from the wages of an employee unless the house accommodation, amenity or service has been accepted by him as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house accommodation, amenity or service supplied and in the case of a deduction under the said clause (e), it shall be subject to such conditions, as the Government may impose.

Deductions under clause (f) of sub-section (2) of section 40 shall be subject to the following conditions, namely:- (a) recovery of an advance of money given before employment began shall be made from the first payment of wages in respect of a complete wage-period but no recovery shall be made of such advance given for travelling, expenses; (b) recovery of advances of wages not already earned shall be subject to any rules made by the Government regulating the extent to which such advances may be given and the installments by which they may be recovered.

Deductions under clause (j) and clause (k) of sub-section (2) of section 40 shall be subject such conditions as the Government may impose.

(1) No employer shall, without a reasonable cause terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee atleast one month’s notice in writing or wages in lieu thereof and in respect of an employee who has been in his employment continuously for a period of not less than one year, a service compensation amounting to fifteen days average wages for each year of continuous employment: Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination. (2) The service of an employee shall not be terminated by the employer when such employee made a complaint to the Inspector regarding the denial of any benefit accruing to him under any labour welfare enactment applicable to the establishment and during the pendency of such complaint before the Inspector. The services of an employee shall not also be terminated for misconduct except for such acts or omission and in such manner as may be prescribed. (3) Every employee who has put in a continuous service of not less than one year shall be eligible for service compensation amounting to fifteen days average wages for each year of continuous employment, (i) on voluntary cessation of his work after completion of 60 years of age. (ii) on his resignation, or (iii) on physical or mental infirmity duly certified by a Registered Medical Practitioner or (iv) on his death or disablement due to accident or disease: Provided that the completion of continuous service of one year shall not be necessary where the termination of the employment of an employee is due to death or disablement: Provided further that in case of death of an employee service compensation payable to him shall be paid to his nominee or if no nomination has been made to his legal heir. (4) Where a service compensation is payable under this section to an employee, he shall be entitled to receive his wages from the date of termination or cessation of his services until the date on which the service compensation so payable is actually paid. (5) The payment of service compensation under this section shall not apply in cases where the employee is entiled to gratuity under the Payment of Gratuity Act, 1972 and gratuity has been paid accordingly consequent on the termination or cessation of service.

(6) Where an employee is placed under suspension pending enquiry into grave misconduct the employer shall pay a subsistence allowance equivalent to fifty per cent of the last drawn wage for the first six months and at seventy five per cent of the last drawn wage beyond six months during the period of suspension. The total period of suspension shall not however exceed one year in any case. If the misconduct is not established or the total period of suspension exceeds one year, the employee shall be entiled to full wages during suspension period and the period of suspension shall be treated as on duty.

Explanation:- (1) For the purposes of this section:-

(a) the term „employee‟ shall include part-time employee also;

(b) the expression „average wages‟ means the daily average of wages for the days an employee actually worked during the thirty days immediately preceding the date of termination or cessation of service;

(c) the expression „wages‟ does not include over-time wages;

(d) an employee in an establishment shall be deemed to have been in continuous employment for a period of not less than six months if he has worked for not less than one hundred and twenty days in that establisment within a period of six months immediately preceding the date of termination or cessation of the service of that employee;

(e) where the total continuous employment is for a fraction of a year or extends over a fraction of a year in addition to one or more completed years of continuous employment, such fraction, if it is not less than a half year shall be counted as a year of continuous employment in calculating the total number of years for which, the service compensation is to be given;

(f) the service compensation of an employee whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to or destruction of property belonging to the employer, shall be forfeited to extent of the damage or loss caused;

(g) „disablement‟ means such disablement which incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.

(2) An employee who has completed the age of sixty years or who is physically or mentally unfit having been so declared by a Registered Medical Practitioner or who wants to retire on medical grounds or to resign his service may give up his employment after giving to his employer notice of atleast fifteen days and where no such notice is given, the service compensation payable to him shall be forfeited to the extent of fifteen days in lieu of the notice.

(1) (a) The Chief Inspector may, by notification, appoint for any area as may be specified therein, any authority to hear and decide appeals arising out of the termination of service of employees under section 47: Provided that the Chief Inspector may on administrative grounds transfer any appeal arising in the territorial jurisdiction of any authority to the file of another authority for disposal, and such authority to whom the appeal is transferred by the Chief Inspector shall dispose of the appeal so transferred.

(b) Any employee whose services have been terminated may appeal to the authority concerned within such time and in such manner as may be prescribed.

(2) The appellate authority may, after inquiry in the prescribed manner, dismiss the appeal or direct the reinstatement of the employee with or without wages for the period he was kept out of employment or direct payment of compensation without reinstatement or grant such other relief as it deems fit in the circumstances of the case: Provided that the authority concerned shall, without delay, hear such appeal and pass such orders within a period of three months from the date of receipt of such appeal: Provided further that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further period as it may think fit: Provided also that no proceedings before such authority shall lapse merely on the grounds that any period secified in this sub-section had expired without such proceedings being completed.

(3) Against any decision of the authority under sub-section (2), a second appeal shall lie to such authority as may be notified by the Government within thirty days from the date of communication of the decision and the decision of such authority on such appeal shall be final and binding on both the employer and the employee and shall be given effect to within such time as may be specified in the order of that authority: Provided that the second appeal shall not be entertained unless the employer deposits the entire amount of back wages as ordered by the appellate authority under sub-section (2) or the amount of compensation ordered as the case may be: Provided further that if the second appeal is against the order of reinstatement given by the appellate anthority under sub-section (2), the employee shall be entitled to wages last drawn by him during the pendency of the proceedings before the appellate authority.

(4) Where in any case, an appellate authority by its award directs reinstatement of any employee and the employer challenges such award in any court of Law, the employer shall be liable to pay such employee during the pendency of such proceedings, full wages last drawn by him, if the employee had not been employed in any establishment during such period and an affidavit by such employee had been filed to that effect in such Court: Provided that where it is proved to the satisfaction of the court that such employee has been employed and has been receiving remuneration during any such period or part thereof the Court shall order that no wage shall be payable under this section for such period or part, as the case may be.

(5) Any amount directed to be paid under this section may be recovered,- (a) if the authority appointed under sub-section (1) 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 application in this behalf as if it were a fine imposed by such Magistrate.

Where the ownership or management of an establishment is transferred, whether by agreement or by operation of law, from the employer in reIation to that establishment to a new employer, every employee who has been in continuous employment for not less than six months in that establishment immediately before such transfer shall be entitled to the notice and the service compensation in accordance with the provisions of sub-section (1) of section 47: Provided that nothing in this section shall apply to an employee in any case where there has been a change of employers by reason of the transfer, if- (a) the employment of the employee has been interrupted by such transfer; (b) the terms and conditions of employment applicable to the employee after such transfer are not in any way less favourable to the employee than those applicable to him immediately before such transfer; and (c) the new employer is under the terms of such transfer or otherwise, legally liable to pay to the employee in the event of termination of his services, service compensation on the basis that his employment has been continued and has not been interrupted by the transfer.

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.

(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 practitioner, 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 from 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.

(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.

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.

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.

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.

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.

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 the purposes of this Act.

The Chief Inspector and every Inspector shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.

(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 a 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.

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.

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 with both.

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.

Any contract or agreement, whether made before or after the commencement of this Act, where by an employee relinquishes any light conferred by this Act shall be null and void in so far as it purports to deprive him of such right.

No Court, inferior to that of a Magistrate of the Second Class shall try any offence punishable under this Act or any rule or order made thereunder.

(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: Provided that the Government, by order may devise or notify consolidated forms for maintaining registers and records and furnishing reports and returns in lieu of the forms prescribed under the Act or Rules made thereunder: Provided further that the Government may allow the registers and records to be maintained in computerized or digital formats. (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.

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.

(1) The Government may, by notification, authorise any officer or authority subordinate to them to exercise anyone 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 persons so empowered.

(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 there of shall be punishable with fine which may extend to Rs. 50. (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 Legislature 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 LegIslature agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification on 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.

Nothing in this Act shall effect 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.

The provisions of the Workmen‟s Compensation Act, 1923, and the Rules thereunder shall, so far as may be, apply to every employee to whom this Act applies.

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.

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.

Notwithstanding anything in the Telangana Co-operative Societies Act, 1964, the provisions of this Act shall apply to the Co-operative Societies.

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.

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, as in force in that area 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 on such proceedings shall be recovered under the Act so repealed.