On February 18th, 2025, the Government of Andhra Pradesh notified amendments to the Andhra Pradesh Shops and Establishments Rules, 1990, enhancing the legal framework for the administration of shops and commercial establishments in the state. The amendments, aim to streamline the appointment of authorities and the process for filing and processing appeals related to fines imposed under the Act.
Key Amendments to the Andhra Pradesh Shops and Establishments Rules, 1990:
Introduction of Rule 8-A: Appointment of Authorities and Appellate Authorities
- Authority Appointments: The Government will now appoint Labour Department officers, not below the rank of Assistant Commissioner of Labour, as authorities to exercise powers under Section 61(6) and Section 63(2) of the Act.
- Appellate Authority Appointments: Officers not below the rank of Deputy Commissioner of Labour will serve as Appellate Authorities to handle appeals related to the fines imposed under the Act.
Introduction of Rule 8-B: Appeal Process for Fines
This new rule establishes a clear framework for the appeal process concerning fines imposed under the Act:
- Form of Appeal: Appeals must be filed as a memorandum and accompanied by a certified copy of the order being contested.
- Submission Mode: Appeals can be presented in person or sent via registered post with acknowledgment due.
- Appeal Procedure: Once an appeal is filed:
- The Appellate Authority will register the appeal in the Register of Appeals (Form VIII-A).
- The Appellate Authority will gather relevant records from the inspector involved in the case.
- A hearing date will be set, and the appellant will have the opportunity to be heard. If the appellant fails to appear, the appeal will be decided based on available records.
- The Appellate Authority can modify or set aside the penalty if deemed excessive or incorrectly imposed.
Why These Changes Matter
These amendments aim to improve the transparency and efficiency of the appeal process for businesses and individuals affected by penalties under the Andhra Pradesh Shops & Establishments Act. By clarifying the authority structure and appeal procedures, the government ensures that businesses have a clear path to contest penalties and fines they may find unfair or unwarranted.
What This Means for Employers and Businesses
- Employers will have a more structured and transparent appeal process if they disagree with fines or penalties.
- Clear guidelines on who to approach for appeals and how to submit them should minimize confusion and delays in resolving disputes.
- The appointment of specific authorities ensures that decisions are made by competent officers with the appropriate level of authority.
