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Section 71: Power to make rules

The Andhra Pradesh Shops and Establishments Act, 1988.State Act of Andhra Pradesh · Act 20 of 1988

(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 thereof shall be punishable with fine which may extend to fifty rupees.

(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 Legislative Assembly of the State if it is in session and if it is 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 Legislative Assembly 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.

72. Rights and privileges under other laws etc., not affected - 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.

73. Exemption - (1) Nothing in this Act shall apply to-

(a) employees in any establishment in a position of management and having control over the affairs of the establishment, whose average monthly wages exceed sixteen hundred rupees;

(b) establishment under the Central and State Governments, local authorities, the Reserve Bank of India, a railway administration operating any railway as defined in clause 20 of article 366 of the Constitution and Cantonment authorities;

(c) establishment in mines and oil fields;

(d) establishments in bazaars in places where fairs or festivals are held temporarily for a period not exceeding one month at a time.

(2) Nothing in section 7 or section 15, as the case may be, shall apply to-

(a) hospitals or other institutions for treatment or care of the sick, the infirm, the destitute or the mentally unfit;

(b) such chemists' and druggists' shops as the Government may, by general or special order, specify;

(c) hair-dressing shops, clubs and residential hotels, educational institutions, hostels attached to schools or colleges and establishments maintained in connection with the boarding and lodging of pupils and resident masters;

(d) stalls and refreshment rooms at railway stations, docks, wharves, ports, airports or bus stands;

(e) establishments wholly or principally engaged in the sale of ice or aerated waters;

(f) establishments wholly or principally engaged in the sale of funeral requisites;

(3) Nothing in section 7, 9, and 12 or in section 15 shall apply to,-

(a) person whose work is of an intermittent nature such as caretaker, sweeper, travelling staff;

(b) persons employed for loading and unloading of goods at godowns.

(4) The Government may, by notification, exempt either permanently or for any specified period, any establishment or class of establishments, or persons or class of persons, from all or any of the provisions of this Act, subject to such conditions as they may deem fit.

(5)Notwithstanding anything in the foregoing sub-sections the Government may, by notification apply or any of the provisions of this Act to any class of persons or establishments mentioned in those sub-sections other than those mentioned in clause (b) of sub-section (1) and modify or cancel any such notification.

74. Application of the workmen's Compensation Act, 1923 - The provisions of the Workmen's Compensation Act, 1923 (Central Act 8 of 1923), and the Rules thereunder shall, so far as may be, apply to every employee to whom this Act applies.

Where this provision sits

ActThe Andhra Pradesh Shops and Establishments Act, 1988.
Section71
Marginal notePower to make rules
JurisdictionState of Andhra Pradesh
StatusIn force as published by the source

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