Any employer who contravenes any of the provisions of these Rules shall, on conviction, be punished with a fine which may extend to fifty rupees.
For a second offence with fine which shall be not less than one hundred rupees but which may extend to two hundred rupees and for the third or subsequent offences, with a fine which shall not be less than two hundred and fifty rupees but which may extend to rupees five hundred.
35. 10(****) 9 Proviso added by G.O.Ms.No.4 of L.E.T. & F. (Labour) Department, Dt: 30.01.2016 10 Omitted by G.O.Ms. No. 54, of Labour, Employment, Training and Factories (Labour) Department, dated: 03.08.2016.
:: 20 ::
FORM-I (See Rule 3) Statement
1. Classification of 1. Proprietor Firm.
Establishments. 2. Partnership Firm.
3.
Private Ltd., Company.
4. Public Ltd., Company.
2.Category of Establishments. 1.Shop.
2.Commercial Establishment.
3.Hotel, Restaurant, Catering House, Lodging and Cafe.
4.Theatres, Cinema and other places of Public amusements
3.Name of Shop/Establishment.
4.Address : Door No.
Locality Village/Town District.
Pin Code.
5.Location of Office. 1. 2. 3.
Godown, Warehouse or work place attached to the Shop/Establishment Door No.
but situated outside the Locality.
premises of it.
6. Employer, Managing Name.
Partner or Managing Father’s Name.
Director as the case may be Designation.
7. Residential address Door No.
of the Employer. Locality Village/Town.
8. Manager/Agent if any Name.
(with residential Father’sName.
address). Designation.
Door No.
Locality.
Village/Town.
9. Nature of business:
10. Date of Commencement Date. Month. Year.
of business.
:: 21 ::
11. Name of family Relationship, adults, young Persons.
members of employer’s family engaged in Shop/Establishment.
Male.
Female.
————————————— Total:
—————————————
12. Total No. of employees : Adults Young Persons.
Male:
Female:
————————————— Total :
—————————————
13.Names of Employees.
(i) In a managerial capacity.
(ii) As sweeper, caretaker and travelling staff.
(iii) As persons employed for loading and unloading of godowns.
(iv) Others.
14. Details of remittances of the fees.
_____________________________________________________________ Name of the Treasury Challan No. Date Amount of fee paid
(1) (2) (3) (4) _____________________________________________________________ _____________________________________________________________ I hereby declare that the above information is true to the best of my knowledge and belief.
Signature of employer.
:: 22 ::
FORM-II [See Rule 3 (3) ] Certificate of Registration The 11Telangana Shops and Establishments Act, 1988.
Registration Certificate of Establishment.
1.Registration Number.
2.Name of the establishment.
3.Postal address of establishment.
4.Name of the employer.
5.Nature of business.
6.Number of employees.
It is hereby certified that the ........................................ has been registered as ............................. under the 8Telangana Shops and Establishments Act, 1988 this ....... day of ........... of 20.....
Seal.
Signature of Inspector.
11 For the words “Andhra Pradesh”, the word “Telangana” substituted by G.O.Ms. No. 4 of Labour, Employment, Training and Factories (Labour) Department, dated: 30.01.2016.
:: 23 ::
FORM-III [See Rule 3 (4)] Application for Renewal
1. Name of the Shop/Establishment.
2. Previous Registration Certificate.
No. and Date.
3. Year for which renewal is required along with
(i) Challan No. with date.
(ii) Amount paid through the Challan.
4. Full Name of the employer, including Father’s Name.
5. Full name of the Manager, if any, including Father’s name.
6. Change in the name of partners, if any.
7. Change in the postal address and Door No. if any, of the Shop/ Establishment.
8. Total number of employees.
I hereby declare that the above information is true to the best of my knowledge and belief.
Signature of the employer/Manager.
:: 24 ::
FORM-IV [See Rule 3 (6)] Renewal of Certificate of Registration It is certified that the Registration Certificate number ...........................
................................................. of ............... (name of the Establishment) ........................................................ has been renewed under the 12Telangana Shops and Establishments Act, 1988 for the period from ........................................... to ...........................................
Signature of the Inspector.
12 For the words “Andhra Pradesh”, the word “Telangana” substituted by G.O.Ms. No. 4 of Labour, Employment, Training and Factories (Labour) Department, dated: 30.01.2016.
:: 25 ::
FORM-V [see Rule 3(2)] Register of Establishments Part-I - Shops Part-II – Commercial Establishments Part –III- Residential Hotels, Restaurants, Eating houses, Lodging houses and cafes Part-IV – Theatres, Cinemas and other places of Public entertainment or amusements.
S l.
N o R eg is tra tio n C er tif ic at e N o an d D at e of R eg is tra tio n N am e of th e E st ab lis hm en t N am e of th e em pl oy er w ith re si de nt ia la dd re ss N am e of th e pa rtn er s an d th ei r re si de nt ia la dd re ss es N am e of th e m an ag er w ith re si de nt ia la dd re ss P os ta lA dd re ss an d ex ac t lo ca tio n of th e es ta bl is hm en t E xa ct lo ca tio n of of fic e, st or e, ro om ,g od ow n, w ar eho us e, w or k pl ac e, if an y, at ta ch é ot he r es ta bl is hm en ts bu ts itu at ed in pr em is es di ffe re nt fro m th os e of th e es ta bl is hm en t N at ur e of B us in es s D at e of co m m en ce m en to f B us in es s Number of members of employers family who are not employees of within the mean of section 2(8) N at ur e of ot he rp er so ns oc cu py in g po si tio n of m an ag em en t N o of ot he rp er so ns em pl oy ed su ch as tra ve llin g, st af fe tc .
To ta ln um be ro f em pl oy ee s D at e of in sp ec tio n D at e of re ne w al Fe es pa id C ha lla n N o.
an d D at e R em ar ks A du ltm en w om en Y ou ng pe rs on s A du ltm en w om en Y ou ng pe rs on s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 :: 26 ::
FORM-VI [See Rule 5] Notice of Loss of Registration Certificate and Application for Issue of Duplicate Certificate Name of the Establishment:
Address:
Registration No.:
To, The Inspector, Sir, This is to inform you that the Registration Certificate of this establishment has been lost/destroyed/defaced.
Please issue a duplicate Certificate.
Challan No. Date. for Rs.
is enclosed herewith Yours Faithfully, Date : (Signature of employer) :: 27 ::
FORM-VII [See Rule 6] Notice of Change Name of the Establishment already registered :
Name of the Employer :
Registration Certificate Number :
Address :
Dated the day of 20 To, The Inspector, Notice is hereby given that the following change has taken place in respect of information forwarded to you in Form ‘A’ which please note.
The Registration Certificate and Challan No................... Dated ............. for Rs............ is enclosed.
Signature of Employer.
Note :- The notice of Change in this Form shall be sent together with such fees as are prescribed in Schedule-II.
:: 28 ::
FORM-VIII [See Rule 8 (5)] Register of Appeals Sl.
No. Name and address of the applicant Date of appeal Date of Presentation of appeals.
Date of hearing Date of final order.
Whether allowed or rejected
(1) (2) (3) (4) (5) (6) (7) -------------------------------------------------------------------------------------------------------- FORM-IX [See Rule 9] Certificate of Age I hereby certify that I have personally examined (Name) ....................
................................................ Son/Daughter of ................................ residing at............................... and that he/she has completed his/her fourteenth/eighteenth year of age.
Description marks are:-
1.
2.
Medical Practitioner.
Signature or thumb impression of employee.
:: 29 ::
FORM – X [See Rule 17(3)(a)] Register of Fines Name of Establishment :
Sl. Name Father’s or Act of Whether Total Amount Date on Date on Remarks No. of the Husband’s Commis- workmen Wages of fine which which Employee name sion for showed for the fine fine which cause wage- imposed realised fine against in which imposed fine or the fine not, and imposed if so, date on which cause was shown
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) :: 30 ::
FORM - XI [See Rule 17(4)] Register of deductions for the Damage or Loss caused to the Employer by the Neglect or Default of Employees Name of the Establishment :
Sl. Name Father’s or Damage Whether Amount of Date on No. of Date on Remarks No. of the Husband’s or loss worker deduction which instal- which Employee name caused against imposed deduction ments total showed imposed if any amount cause realised deduction or not and if so, date on which cause was shown
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) :: 31 ::
FORM - XII [See Rule 18(4)] Register of advances of wage Name of the Establishment :
Sl. Name Father’s or Amount Date on Purpose(s) No. of Postpone- Date on Remarks No. of the Husband’s of which for which instal- ment which Employee name advance advance advance ments by granted total given was was which amount given given advance is rehas to covered be recovered
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) FORM - XIII [See Rule 21(2)] Register of Appeals Sl. Date of Effective Name and Name and address Dates of Date of Summary No. receipt of date of address of the of the opposite hearing the final of the the appeal termination appellant party order final order
(1) (2) (3) (4) (5) (6) (7) (8) :: 32 ::
FORM-XIV [See Rule 22] Letter of Authorisation In the Court of the Authority appointed under section 48 of 13Telangana Shops and Establishments Act, 1988.
Application No. of 20.....
1.
2.
3. Applicant (s) Versus
1.
2. Opponent (s)
3.
I/We hereby authorise Sri ....................................... ....................... an official of the Registered Trade Union/Employer Association of .................................. ............................... legal practitioner to appear and act on my / our behalf on the above described proceedings and to do all things incidental to such appearing at action.
Signature or thumb impression of Employee(s) Employer(s) Witness: 1.
2.
I accept the authorisation.
Signature:
13 for the words “Andhra Pradesh”, the word “Telangana” substituted by G.O.Ms. No. 4 of Labour, Employment, Training and Factories (Labour) Department, dated: 30.01.2016.
:: 33 ::
FORM - XV [See Rule 21(3)] Register of Second Appeals Sl. Date of Date of the Name and Name and Amount Dates of Date of Summary No. receipt of order of the address address deposited hearing final of the the lower of the of the if any order final Appeal authority/ appellant opposite order Date of party communication
(1) (2) (3) (4) (5) (6) (7) (8) (9) :: 34 ::
FORM-XVI (See Rule 23) Application for Payment of Wages, etc.
In the Court of the Authority appointed under section 50 of the 14Telangana Shops and Establishments Act, 1988.
. Application No. .of 19 ............
Between A.B.C.. Designation of Applicant ..................
(through Sri. .
a legal practitioner or an official of.
which is registered trade union)..
.And The applicant(s) state(s) as follows :
1. A.B.C. is a/are person(s) employed in establishment entitled and reside(s) at the address(es) of the applicant(s) for the service of all notices and processes is/(are)
2. X.Y.Z. the Opposite Party is the person responsible for the payment of his (their) wages under the Act, and his (their) address for the service of all notices and processes is :
3. (a) The wages of applicant (s) have not been paid for the following wage-period (s) (give date) ................................................................. or a sum of Rs................................................. has been unlawfully deducted from his wages of......................... (amount) for the wage period (s) which ended on (give date/dates).
(b) (or give any or compensation)
4.The applicant (s) estimate (s) the value of the relief sought by him (them) at the sum of Rupees :
5.The applicant (s) pray (s) that a direction may be issued under the said Act for:
(a) Payment of this (their) delayed wages or service compensation as estimated for such greater or lesser amount authority may find to be due or refund of the amount illegally deducted.
Compensation amounting to The applicant (s) certify (ies) that the statement of facts contained in this application is true to the best of his knowledge and belief.
Signature or Thumb Impression of the employee (s) or legal practitioner or official of a registered Trade Union duly authorised.
Date:
Note :- When the application is by a group of employees the thumb impression or signatures of two of the applicants need be put to the application and a full list of applicants should be appended.
14 For the words “Andhra Pradesh”, the word “Telangana” substituted by G.O.Ms. No. 4 of Labour, Employment, Training and Factories (Labour) Department, dated: 30.01.2016 :: 35 ::
FORM-XVII [See Rule 23] Form of application by an Inspector or person permitted by the Authority or authorised to Act In the Court of the Authority appointed under section 50 of the 15Telangana Shops and Establishments Act, 1988.
Application No..of 19 .
Between :.
ABC (Designation) .....................................................(An Inspector under the Shops and Establishments Act, 1988 or a person permitted by the Authority/ authorised to act under Section 51) ................ APPLICANT.
. AND XYZ ........... The Opposite Party.
The applicant states as follows :
1.XYZ the Opposite Party, is the person responsible under the Act for the payment of wages to the following person (s)
(1)
(2)
(3)
(4)
(5)
2.His address for the service of all notices and processes is :
3.The wages of the said person (s) due in respect of the following wages period
(s)have not been paid/have been subjected to the following illegal deductions :
4.The applicant estimates the value of the relief sought for the employee (s) at the sum of Rs.
5.The applicant prays that a direction may be issued under the Act for.
6.(a) Payment of the delayed wages (or gratuity) as estimated or such greater or lesser amount as the authority may find to be due.
OR Refund of amount illegally deducted :
(b) Compensation amounting to :
The applicant certifies that the statement of facts contained in this application is true to the best of his knowledge and belief.
Date :
Signature.
15 For the words “Andhra Pradesh”, the word “Telangana” substituted by G.O.Ms. No. 4 of Labour, Employment, Training and Factories (Labour) Department, dated: 30.01.2016.
:: 36 ::
FORM-XVIII ..(See Rule 24) .Letter of Authorisation In the Court of the Authority appointed under section 50 of the 16Telangana Shops and Establishments Act, 1988.
Application No.. of 20 .
1. .
2. ..... Applicant (s)
3.
.Versus
1.
2. .
3. . ..... Opponent (s) I/We hereby authorise Sri.............................................................. a legal practitioner/..............................................an official of the Registered Trade Union of ...........................to appear and act on my/our behalf in the above described proceedings and to do all things incidental to such appearing and acting.
Signature or Thumb impression of Employees.
Witness : 1.
2.
I accept the authorisation.
Signature :
Address :
16 For the words “Andhra Pradesh”, the word “Telangana” substituted by G.O.Ms. No. 4 of Labour, Employment, Training and Factories (Labour) Department, dated: 30.01.2016 :: 37 ::
FORM-XIX [See sub-rule (3) of Rule 25 ] Notice for the Disposal of Application To, Whereas under the 17Telangana Shops and Establishments Act, 1988 (Act No. 20 of 1988) a claim has been presented to me by ............................................... against you by an application, you are hereby called upon to appear before me either personally or through a person duly authorised in this behalf, for the purpose of answering all material questions relating to the application on the ..............................................day of .............................. 20....... at O’ Clock in the fore/afternoon in support of/to answer the claims and as the day fixed for your appearance is appointed for final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to rely in support of your claim/defence.
Take notice that in default of your appearance on the .............................. day beforementioned, the application will be dismissed/heard and determined in your absence.
Given under hand and seal, this .................................................................... day of ................................. 20........
Signature of Authority.
17 For the words “Andhra Pradesh”, the word “Telangana” substituted by G.O.Ms. No. 4 of Labour, Employment, Training and Factories (Labour) Department, dated: 30.01.2016.
:: 38 ::
FORM - XX [See Rule 25(6)] Register of Applications under Section 51 Sl. Date of Date on which Name and Name and Amount Date of Date of Amount No. receipt of the deduction address address claimed hearing final awarded application from wages/ of the of the order payment of application opposite wages/service party compensation was due
(1) (2) (3) (4) (5) (6) (7) (8) (9) FORM - XXI [See Rule 25(7)] Register of Appeals under Sections 53 Sl. Date of Date of Name and Name and Date of Date of Summary No. receipt of service of address address hearing final order of the application the order of the of the final u/S. 51 appellant opposite party
(1) (2) (3) (4) (5) (6) (7) (8) :: 39 ::
FORM-XXII [See Rule 29 (1)] Register of Employment Name of the Establishment / Shop ............................................................for the month of .............................................................. 20............
Address: Registration No.
Sl.
No.
Name of the employee Sex Age Days of months Date on which overtime is done and extent of such overtime work in each day Remarks
(1) (2) (3) (4) (5) (6) (7) Time at which employment commences Time at which employment ceases Rest Interval Date
(a) From to Extent
(b) (c) (d) ------------
(a) ----------
(b) -------------
(c) Note:- (a)The mark “H” shall be made in the column relating to any day on which a holiday is given in accordance with the notice referred in sub-rule (3) of Rule 29 and ‘A’ if the employee is absent on any other day.
(b)The entries under the heading “rest interval” shall be the actual hours at which intervals are to begin and end (e.g., 1 P.M. to 2 P.M.)
:: 40 ::
FORM - XXIII [See Rule 29(2)] Register of wages Name of the Establishment/Shop Wage period Address : from to Registration No.
Name Date of Rate of Normal Wages Gross Deduc- Actual Date of Signature of the appoint- wages wages earned wage tions wages payment or thumb emp- ment earned for over- payable if any paid impresloyee time and rea- sion of the work sions employee thereof
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) :: 41 ::
FORM-XXIV [See Rule 29 (3)] Notice of Weekly Holiday The person employed in this..................................(name of Establishment). Establishment / shop shall be given a Holiday on the day below in the week following the date of this notice and until further notices.
Sl.No. Names of the employees Day on which holiday a allowed Remarks
(1) (2) (3) (4) . . . .
. . . .
Signature of the Employer.
:: 42 ::
FORM - XXV [See Rule 29(6)] Register of Leave Name of the Establishment/Shop Name of the employee :
Address :
Father’s/Husband’s Name :
Registration No.
Date of appointment :
LEAVE WITH WAGES Date of Applied No. of No. of days Leave granted Balance If refused, in part Reasons Signature of appli- From To days to which From To No. of or full Employee Employer cation the employee days From To No. of is entitled days
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) Sick leave (same as the statement for leave with wages).
Casual leave (same as the statement for leave with wages) .
:: 43 ::
FORM-XXVI [See Rule-30] *[Letter of Appointment] Name and address of the establishment.
Name and address of the employer.
Registration No.
Sri/Srimathi/Kumari, Son/Wife/Daughter of Aged ........... Date of Birth .................. is appointed as (describe here the nature of appointment) ......................... in this Establishment with effect from .......................in the scale of pay of Rs. ........................
2. His/her scale of pay/rate of increment in wages......................(insert the period) shall be. .
3. He/she will draw a total.............. . Per day/week/month composed of the following namely: .
(i) Basic pay.
(ii) Dearness Allowance.
(iii) Other Allowances.
18[Signature of the Employer.
To Sri/Smt./Kumari, (here enter full address of the employee).
18 Vide Errata issued by G.O.Ms. No. 6, Women’s Development, Child Welfare & Labour(Lab-ii) Dt. 8-1-
1992.
Passport size photo of the employee duly attested by the employee :: 44 ::
FORM – XXVII [See Rule 33] Return for the month of March/June/September/December
1.Name and address the Establishment :
2.Name and address of the Employer :
3.Category of the Establishment* :
4.Number of days worked during the month :
5.Normal working hours :
6.Rest intervals : Hours :
7.No. of employees and their earnings :
Men, Women No. in employ- No. of Emoluments Money value Ex-gratia Contribution No. of and young ment at the Mandays paid in cash of concession in cash be employer unpaid persons end of the worked before in kind payment to social helpers months during deductions security the month funds
(1) (2) (3) (4) (5) (6) (7) (8) Note:- Ex-gratia cash payments include profit having bonus as may be paid annually, quarterly or over any other period and other adhoc cash payments, if any.
*Whether the establishment is a (i) Shop, (ii) Commercial establishment, (iii) Restaurant, eating house or hotel (iv) theatre or a place of entertainment, or (v) other type should be mentioned here.
To The Inspector, :: 45 ::
19[Schedule I] [See Rule 3] The Statement in Form-I or an application in Form-II shall be sent to the Inspector together with the fees specified in the schedule for a year.
Sl.
No.
Category of Establishment Registration and Renewal Fees Rs. Ps.
1. Shops/Establishments.employing.no persons 100/-
2. Shops/Establishments employing up to 5 persons 500/-
3. Shops/Establishments employing 6 and above and up to 10 persons 1000/-
4. Shops/Establishments employing more than 11 and up to 20 persons 2000/-
5. Shops/Establishments employing 21 and above and up to 50 persons 5000/-
6. Shops/Establishments employing 51 persons and above and up to 100 persons 10,000/-
7. Shops/Establishments employing 101 and above 10,000/- + 5000/- for every additional 50 persons or part thereof for the number of persons exceeding 100.
19 Substituted by G.O.Ms.No. 54, Labour, Employment, Training and Factories (Lab. II), dated.03.08.2016.
:: 46 ::
20Schedule II [See Rules 5 and 6] Sl.
No.
Category of Establishments Registration and Renewal Fees 1 2 3 Fee for Notice of Change Rs. Ps.
1. Establishment having no employees 100/-
2. Establishment having employees 200/- Fee for issue of duplicate certificate for Registration
1. Establishment having no employees 100/-
2. Establishment having employees 200/- 20 Substituted by G.O.Ms.No. 54, Labour, Employment, Training and Factories (Lab. II), dated.03.08.2016.
:: 47 ::
21SCHEDULE-III [See Rule-27] The Court fee payable under the provisions of the 22Telangana Shops and Establishments Act, 1988 and the rules made thereunder shall be as prescribed below:
Sl.
No.
Category of documents Fee payable Rs. Ps.
1. For every application to summon a witness 50/-
2. For every application made by or on behalf of an individual 100/-
3. For every other application made by or on behalf of an unpaid group in respect of such applications for each member of the group 50/-
4. For every appeal preferred before the Authority under Section 53 1,000/-
5. Copies of the orders of documents containing evidence, etc., 176 words or fraction thereof 20/- Note :- For items 1 to 4 above, the authority may exempt the employees wholly or partly from the payment of fee if in its opinion the applicant is a pauper.
No fee shall be chargeable in respect of an application by an Inspector.
21 Substituted by G.O.Ms.No. 54, Labour, Employment, Training and Factories (Lab. II), dated.03-08-
2016.
22 For the words “Andhra Pradesh”, the word “Telangana” substituted by G.O.Ms. No. 4 of Labour, Employment, Training and Factories (Labour) Department, dated: 30.01.2016.
subject to a maximum of Rs.1000/- adhesive, Court Fee label