GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Andhra Pradesh Shops and Establishments Act, 1988- Grant of exemption to ali
retaIl enterprises from sections 7 ,9, 12, 23, 31 and .37 of the Act to keep open
every day of the year for a period of Five(S) years - orders issued.
LABOUR EMPLOYMENT TRAINING AND FACTORIES (LAB-I) DEPARTMENT
G.O.MS.No. 26 Dated: 24-05-2016
Read the following:-
1. G.O.Ms.No.ll, Industries and Commerce (P&I)Department ,Dt:l1.01.2016.
2. From the commissioner of labour, A.P, Hyderabad,
Lr.No.J2/3783/2015,Dated: 28.01. 2016.
******
ORDER:
In the G.O 1ST read above, the Industries and Commerce (P&I) Department
have issued orders on Andhra Pradesh retail trade policy 2015-20, focusing
simplification of labour laws & processes, skill development support and single desk
clearances, so as to stimulate growth in the Retail Sector for a period of S years
from the date of notification.
2. In reference 2nd read above, the Commissioner of Labour, A.P, Hyderabad
has requested to Issue Notification under sub-section (4) of section 73 of the
Andhra Pradesh Shops & Establishments Act , 1988 (Andhra Pradesh Act 20 of
1988), granting exemption to all the retail enterprises (Shops) from Sections
7,9,12,23,31 and 37 of the A.P. Shops & Estt Act, 1988 to allow to keep open
everyday of the year for a period of (5) years from the date of the Notification
subject to the certain conditions.
3. After careful examination of the proposal, Govt., have decided to Grant of
exemption to all retail enterprises from sections 7 ,9, 12, 23, 31 and 37 of the
Andhra Pradesh Shops and Establishments Act, 1988 subject to certain conditions,
to allow all retail enterprises to keep open every day of the year.
4. . Accordingly, the following notification shall be published in on Extraordinary
Issue of the Andhra Pradesh.Gazette, dt:28.0S.2016.:- .
NOTIFICATION
In exercise of the powers conferred under sub - section (4) of section 73
of the Andhra Pradesh Shops and Establishments Act, 1988 (Andhra Pradesh Act
20 of 1988), the Government of Andhra Pradesh hereby grant exemption to all
retail enterprises from sections 7 ,9, 12, 23, 31 and 37 of the said Act to allow
to keep open all the retail enterprises every day of the year for a period of five
(5) years from the date of this notification subject to the following conditions,
namely:-
1) Retail enterprise is a "shop" as defined under section 2 (21) of the A.P.
Shops and Establishments Act, 1988.
2) Retail enterprises shall be allowed to stay open every day of the year
provided that the employees are given compensatory, compulsory weekly
holiday on a preferential basis without any deduction of benefits,
monetary and otherwise. List of such holidays for a month shall be placed
on notice boards in advance.
3) Working hours of the employees shall be a maximum of 8 hours per day
and not more than 48 hours in a week. Manpower deployment details
shall be added to the application for registration by the employer, which is
now online under the Integrated Registration Act, 2015.
4) Record of overtjme shall be maintained in wages register separately in
respect of the employees who worked beyond normal working hours and
wages for overtime shall be paid to all eligible employees at twice the
ordinary rate of wages. .
P.T.O.
::2::
The employees working on a national festival or otherholida shall be
5) given a compensatory holiday with wageu or ina ra e of
wages for work on a holiday. Compensatory holiday to such employees
shall De given within thirty days from the date of holiday.
Retail enterprises shall be allowed to operate between 6 AM and 11 PM
6)
1ST, provided employees work in a minimum of two shifts with a
minimum of one hour changeover period, subject to the condition that the
employer shall furnish the shift-wise employee details specifying weekly
holiday for each of the employees.
Employment of women shall be permitted in all shifts, subject to the
7)
enterprises ensuring safe and secure working environment and secure
conveyance from workplace to place of residence. The employer shall be
solely responsible for ensuring the above till women employees reach
respective place of residence.
Retail enterprises are allowed to offer part-time employme!:!! subject to
8)
the working hours for part time employees being expressly specified.
Minimum per hour wage rate shall be proportionately determined In
accordance with minimum monthly wage rate specified under Minimum
Wages Act. Retail unit cannot engage more than 25% of its employees as
£9rt time employees. This would be subject to the enterprises strictly
adhering to laws regarding child labour and other Similar applicable laws
Wages and any other remuneration of all employees shall be paid only by
9)
way of ~mittance in the bank account of the employee.
10) All employees will be provided with appointment letters and a copy shall
be furnished on line, to the Inspector having jurisdiction.
11) EPF & ESI ~ontributions of both employee as well as employer shall be
. remitted every month.
12) Retail enterprises are allowed to maintain .record like w,2ges register,
muster roll in respect of the employees In electronic form which shall be
accessible online to the inspector under the Act.
(BY ORDER AND IN THE NAME OF GOVERNOROF ANDHRA PRADESH)
G. ANANTHA RAMU
PRINCIPAL SECRETARYTO GOVERNMENT
The Commissioner, Printing, Stationery and Stores Purchase, Andhra Pradesh,
Hyderabad for publication in the Extra-ordinary issue of Andhra Pradesh Gazette
and supply 20 copies to Government, 1000 copies to the Commissioner of Labour,
Andhra Pradesh, Hyderabad.
The Commissioner of Labour, Andhra Pradesh, Hyderabad.
All Collectors, through Commissioner of Labour, Andhra Pradesh, Hyderabad.
The Andhra Pradesh Chambers of Commerce & Industry Federation,
40-1-144, yd Floor, Corporate, Building, Hotel Fotune In. Side of Chandana Grand,
M.G. Road, Vijayawada-10 .
../!:he Retailer's Association of India, Mumbai. -
The Secretary to Government & Commissioner for Industrial Promotion, Industries
and Commerce Department, Government of A.P, Hyderabad.
The Secretary to Government of India, Ministry of Labour& Employment,
ShramshaktiBhavan, New Delhi.
The Secretary to Government, Department of Labour& Employment, Government of
Tamilnadu, Chennai.
The Law (B) Department.
Copy to:
The OSD to the Hon'ble Minister for Labour.
The P.S. to Prl. Secretary, LET & F Department.
The P.A. to Joint Secretary, LET & F Department.
SF/Sc.
/ /FORWARDED:: BY ORDER/ /
SECTION OFFICER