See Full Document Text
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Andhra Pradesh Shops and Establishment Act, 1988 – Hyper City Retail (India)
Limited, Hyderabad – Exempted from certain provisions of the Andhra Pradesh
Shops and Establishments Act – Orders Issued.
-------------------------------------------------------------------------------------------------------------
LABOUR EMPLOYMENT TRAINING AND FACTORIES (LAB.IV) DEPARTMENT
G.O.Rt.No. 391 Dated: 31.3.2012
Read the following:-
1) Govt. Memo No.6767/Lab.II(1)/2009-1 dated 24.08.2009.
2) Govt. Memo No.7261/Lab.II(1)/2009-3 dated 20.04.2010.
3) Govt. Memo No.42/Lab.III/A2/2011, dated: 21.01.2011.
4) Representation of Hyper City Retail (India) Limited, Hyderabad, dated:
10.3.2012.
*****
ORDER:
The application of Hyper City Retail (India) Limited, Hyderabad was
received along with information in the prescribed formats seeking grant of
exemption from Sec 7, 12 and 31 of A.P. Shops & Establishments Act, 1988 to
keep open the shops on all 365 days of the year.
2. The proposal of the Hyper City Retail (India) Limited has been examined
and after careful consideration, the Government hereby exempt Hyper City Retail
(India) Limited, Hyderabad from the provisions under Section 7 (1), 12 (1) and 31
(1) of the Andhra Pradesh Shops and Establishments Act, 1988, for a period of (2)
two years in respect of their outlet located at Hyper City Retail (India) Limited,
Lower ground floor, Inorbit Mall, Opp. to i-labs building, Hi-tech city, Madhapur,
Hyderabad -500 081, subject to field verification and confirmation within (3)
months and also subject to the conditions stipulated in the Notification.
3. Accordingly, the following notification will be published in the extraordinary
issue of the A.P. Gazette:-
NOTIFICATION
In exercise of the powers conferred under sub-section (4) of Section 73 of
the Andhra Pradesh Shops & Establishments Act, 1988 (Andhra Pradesh Act 20 of
1988), the Governor of Andhra Pradesh hereby grant exemption to Hyper City
Retail (India) Limited, Hyderabad from the provisions of Section 7(1), 12(1) & 31(1)
of Andhra Pradesh Shops & Establishments Act, 1988 for a period of two (2) years
in respect of their outlet located at Hyper City Retail (India) Limited, Lower ground
floor, Inorbit Mall, Opp. to i-labs building, Hi-tech city, Madhapur, Hyderabad -500
081, subject to field verification and confirmation within (3) months and also
subject to the following conditions:-
1) The daily working hours of the employee shall be 8 hours and weekly 48
hours. Record of Over Time will be maintained in respect of the
employees who work beyond normal working hours, in the Wages
Register, separately.
2) Every employee will be allowed a Weekly Holiday as per the list
exhibited (form 24) at the main entrance of the shop.
Contd…2-2-
3) If the employees found working on any Holiday or after normal duty
hours without proper indent for Over Time, the exemption granted will be
liable for cancellation.
4) Working Hours of the Shop shall be between 9.00 A.M to
11 P.M.
5) In case of Women employees who are required to work beyond 8.30
PM., transport arrangements will be provided to the women employees.
A notice to this effect in Telugu and English will be exhibited at the main
entrance of the shop.
6) All employees will be provided with Appointment Letters and a copy of
the same will be furnished to the jurisdiction inspector and
acknowledgment will be preserved in the shop for inspection at any
time.
7) Visit Book will be maintained exhibiting a copy of the exemption for
verification by the Inspector for compliance with the conditions on
exemption.
8) The exemption will be valid for 2 years only and subject to satisfactory
compliance with the conditions of exemption and also compliance with
the welfare provisions under various Labour Laws, renewal will be
considered.
9) The exemption is applicable for only the shop which applied for the
exemption but not to any other shop which has taken sub-lease within
the shop. The lessees also may be directed to obtain exemption, if they
so choose.
10) If majority of the workers oppose the exemption on the ground of
violation of labour laws and consequent exploitation, the exemption will
be liable for cancellation.
11) The wages for the employees will be credited to their Savings Bank
Account.
12) EPF & ESI deductions shall be implemented in respect of the eligible
employees.
13) The Employer shall cooperate in implementing the “Duties of Inspection”
under Rule 28 of the A.P. Shops and Establishments Rules, 1990
especially with regard to the implementation of the conditions and also
the provisions of Other Labour Laws for the workers employed in their
Shops.
14) The Exemption will be cancelled before the sanctioned period, if any
statutory violation is detected and the Employer of the Shop is held
guilty and will not be entitled for refund of the user Chargers paid.
15) The exemption will be for a period of two years from the Date of
notification and unless revoked.
Contd…3-3-
16) Renewal of the exemption for two years will be subject to satisfactory
compliance with the above conditions.
17) Levy of User Charges of Rs.50,000/- (Rupees fifty thousand only) for all
the establishments who are granted exemption from the provisions of
A.P. Shops and Establishments Act, 1988.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
D.SREENIVASULU
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Commissioner of Printing, Stationery and Stores Purchase, Hyderabad- with
a request to publish the notification in Andhra Pradesh Gazette and furnish
10 copies to Government and 25 copies to Commissioner of Labour,
Hyderabad.
The Commissioner of Labour, Andhra Pradesh, Hyderabad.
Copy to:
Hyper City Retail (India) Limited, Hyderabad (through COL).
The OSD to M (LETF&ITIs).
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