The Government of Andhra Pradesh on November 23, 2023, issued an amendment to the Andhra Pradesh Shops & Establishments Rules, 1990.
The following amendments have been stated:
• After Rule 8 which states the Form of appeal, mode of submission and procedure to be followed by the appellate authority, Rule 8A and Rale 8B have been added;
"Rule- 8-A: Appointment of Authorities and Appellate Authorities under sub-section (6) of section 61 and sub-section (2) of section 63 of the Act:
(1) The Government may notify the officers of the Labour Department not below the rank of Assistant Commissioner of Labour, as authorities to exercise power under sub-section (6) of section 61 and sub-section (2) of section 63.
(2) The government may notify the officers of the Labour Department not below the rank of Deputy Commissioner of Labour, as authorities to exercise power under the proviso to sub-section (6) of section 61 and sub-section (2) of section 63.
Rule: 8-B: Appeal on fines (Form of appeal, mode of submission and procedure to be followed by the appellate authority):
(1) Every appeal, under section 61 (6) and section 63 (2) shall be presented to the Appellate Authority in person or sent to him by Registered Post under Acknowledgement Due.
(2) The appeal shall be in the form of a memorandum and shall be accompanied by a certified copy of the order appealed against.
(3) The memorandum shall set forth the grounds of appeal.
(4) Where the memorandum of appeal is in order, the Appellate Authority shall admit the appeal, endorse thereon on the date of presentation and shall register the appeal in the Register of Appeals in Form VIII-A.
(5) Where the appeal is admitted, the Appellate Authority shall obtain the connected records from the Inspector concerned against whose order the appeal has been preferred.
(6) The Appellate Authority shall give an opportunity to the appellant for being heard, by fixing a date.
(7) If, on the date fixed for a personal hearing, the appellant does not appear, the Appellate Authority after giving reasonable opportunity shall decide the appeal on the basis of the records made available to him and shall communicate his order to the appellant.
(8) If, the appellate is of the opinion that the quantum of penalty Imposed is on the higher side or not correctly made it shall suitably modify or set aside the total penalty of compounding as the case may be.
• Rule 34 which states the Penalty has been substituted with the following:
Rule 34: Penalty for violation of Rules:
(1) Any employer who contravenes any of the provisions of these Rules shall be imposed for a first contravention with a fine which may extend to Rs 10,000/- and for a second or subsequent contravention with a fine which may extend to Rs 20,000/-.
(2) The provisions of Appeal, Appointment of Authorities and the Appellate Authorities, the procedure before the Authority and the Appellate Authority shall be the same as prescribed in sub-section (6) of section 61 and sub-section (2) of section 63 of the Act and Rules 8A and 8B supra."
[Notification No. G.O.Ms.No.4]
