In this article, Priya Venkatesan from TNNLS discusses the provisions of the Andhra Pradesh Shops and Establishments Act.

Andhra Pradesh Shops and Establishments Act: Things You Must Know.

Tamil Nadu National Law School Establishment of a shop in Andhra Pradesh sounds easy, but is it the case? No, there are rules and laws to be followed in this as well. The laws which are to be followed have been enlisted in the Andhra Pradesh Shops and Establishment Act. This article provides an overview of the same. There are a few provisions discussed which make the Act stand out.

Establishment of a shop in Andhra Pradesh sounds easy, but is it the case? No, there are rules and laws to be followed in this as well. The laws which are to be followed have been enlisted in the Andhra Pradesh Shops and Establishment Act. This article provides an overview of the same. There are a few provisions discussed which make the Act stand out.

What the Andhra Pradesh Shops and Establishments Act is all about?

Andhra Pradesh Shops and Establishment Act 1988 succeeded the Andhra Pradesh Shops and Establishment Act 1966. It was, “enacted to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments and other establishments and for matters connected therewith.”[1] The Act was re-enacted to cope with the changing times and make it all encompassing. The scope of it was hence widened in 1988.

• The Act is one among many similar state Acts which talk about the rules of employment in a shop or an establishment. It lays down the registration mandates of these places. A shop/ establishment in Andhra Pradesh (areas dealt under AP shops and establishments Act 1966) has to be registered under this Act.
• The Act, provides a threshold to working conditions of an employee, the standards below which is prohibited by the Act. It mandates a specific period of holidays to be given to the employees.
• There are provisions for safety measures for the employees working in shops and establishments. Provisions regarding penalties for noncompliance, which extend to the employer and any other persons engaging in noncompliance, are specified.  The Act, also talks about powers of a chief inspector and an inspector. The Act tries touching upon all the legally relevant areas which are to be governed by the state.

Why was the Act enacted?

The Act was established to ensure maintenance of certain basic standards with respect to the working conditions of an employee. The Act limits the powers of employers, thereby making it easy for employees to work in a healthy environment. The Act is also necessary to keep a record of registered shops and establishments so that the government has a fair idea about the number and presence of such businesses.

The significance of this Act, should not be undermined by taking it as just another mandate by the state. In an age, where everyone is looking for maximum profit out of minimum expenditure, exploitation by the employer is an inevitable evil. The Act comes in handy here, as its provisions reduce the scope for exploitation of the employees. The core idea behind the Act is prevention of the exercise of arbitrariness by employers.

Statement of objects and reasons of the Andhra Pradesh Shops and Establishments Act

• The structure of the Act is such that every aspect dealing with the functioning of shops and establishments has been discussed in a detailed way. It has 12 chapters in total, each dealing with a separate area. The focus initially is on the registration mandates of the establishments after which a whole chapter has been devoted to the functioning of shops.
• The Chapter on shops deals with basic mandates such as timings of shops, breaks and intervals in working hours and location mandates. The Act moves on to discuss Employment of Women, Children and Young Persons in its fifth chapter. It also deals with the holidays, safety mandates, wages, conditions for termination of services et al. Lastly, an entire chapter is devoted to the Penalties for offences. All in all, this Act is a compilation of all necessary regulations with regard to shops and establishments in Andhra Pradesh.

Few important provisions of the Andhra Pradesh Shops and Establishments Act.

Before discussing the provisions of the Act, a question which arises is, how exactly does the Act come as a relief to the employees?

• This can be answered by looking into the provisions specifically dealing with the working hours and holidays given to the employees. The Acts tries to achieve a working condition which is not very hectic and stressful.
• For example Section 9[2] talks about Daily and weekly hours of work in shops,  Section 30-33[3] deals with permitted absence and holidays of employees etc. Sections 23, 24 and 25[4] specifically deal with women employees, providing them with maternity leave to make their working conditions less harsh, thereby making this law a relief to the employees.

There are a few provisions, which should be appreciated for the focus they place on details. The chapter dealing with shops lays down mandates, prohibiting anyone to sell goods outside, in open, near an established shop, before and after the closing time of the shop. This provision has an intricacy.

Andhra Pradesh Shops and Establishments Act exempts newspapers, pans, flowers and vegetables, shops from such a provision.

Chapter 5, is an area completely dealing with the employment of Women, Children and Young Persons. Young Persons for the purpose of this Act, are people above 14 years of age but below 18 years of Age. Whereas, children are people below 14 years of age. Section 20 clearly prohibits a child to be employed in a shop or establishment in Andhra Pradesh. Further, Young Persons are allowed only from 6 a.m. to 7 p.m. at night. Similarly, women too have only specific working hours given in the Act. Mandating maternity leave without loss of pay is a provision, worth mentioning here. It provides young mothers time to take care of the infants without fearing loss of pay. Health and safety provisions of the Act keeps a check on cleanliness and ventilation of the working area. Employees are also to keep first aid provisions and check for other safety requirements.

While provisions for wages, insurance scheme and holidays are expected provisions in this Act, the inculcation of conditions for termination, suspension and terminal benefits is to be commended. There is always a scope of disputes and misunderstandings regarding wages. Chapter 9 takes care of the same. Such dispute resolving powers is given to an authority appointed by the government. This means, the decision would be a non-biased one, which would ensure fair play. Finally, the provisions end with providing penalties for offences committed and for noncompliance with this Act. The things which have not been given any specific chapters are given in the end in a separate chapter called miscellaneous.

Conclusion

The Act is not a very huge Act by itself, but it holds great importance in the lives of private employees. Working with Government will provide one with some basic standard, which the private sectors fail to provide. The existence of such an Act ensures such standards are named and maintained.  The matter which the Act deals with looks impressive and has a lot of significance to it. The manner the Act is framed is equally impressive. There is a balance between comfortable work environment and mandates to ensure that the work is done on time which is the best thing about this Act.

[1] Andhra Pradesh Shops and Establishments Act, (1988)

[2] Andhra Pradesh Shops and Establishments Act, S 9 (1988)

[3] Andhra Pradesh Shops and Establishments Act, S 30-33 (1988)

[4] Andhra Pradesh Shops and Establishments Act, S 23-25 (1988)