CHAPTER-I

PRELIMINARY

1. Short title, extent and commencement.–(1) These rules may be

called the Code on Social Security (Andhra Pradesh) Rules, 2026.

(2) They shall come into force on the date of their publication in the

Official Gazette.

2. Definitions.–(1) In these rules, unless the context otherwise

requires, —

(a) “appeal” means an appeal preferred under sub-section (1) of section

99 or sub-section (1) of section 105, as the case may be;

(b)

"Appellate authority" means in State sphere, an officer, senior in

rank to the Assessing Officer for the purposes of section 105, appointed

by the State Government, as the case may be;

or an officer of a local authority holding an equivalent post to a gazetted

officer of the State Government appointed by such State Government

for assessment of cess under Chapter VIII of the Code;

(d)

“Authorised Officer for Employees’ Compensation” means any

officer whom the State Government may designate either generally or in

respect of any area or class of areas, for the purpose of performing the

functions assigned by these rules to the Authorised Officers;

(e) “authority” means the State Government or the authority specified

by the State Government for the purpose of sub-section (3) of section

72;

(f) “Board” means the Andhra Pradesh Unorganised Workers Social

Security Board referred to in sub section (9) of section 6, or the Andhra

Pradesh Building and Other Construction Workers Welfare Board

referred to in Section 7, as the case may be

(g) “career centre (regional)”, means the career centre as notified by the

State Government

(i) over the area in which the establishments concerned are

situated;or

(ii)

over specified classes or categories of establishments

concerned or vacancies;

(h) “cess collector” means an officer appointed by the State Government

for collection of cess under the Code;

(i) “chairperson” means the chairperson of the State Unorganised

Workers’ Social Security Board or the Andhra Pradesh Building and

Other Construction Workers Welfare Board

(j) “chartered engineer” means a person having an engineering degree

and the corporate membership of the Institute of Engineers India;

(k) “code” means the Code on Social Security, 2020(36 of 2020);

(l) “Commissioner of Labour” means the head of the Labour Department

and includes varied designations such as “Special Commissioner of

Labour” based on the incumbent Officer;

(m) “competent authority” means an authority appointed under section

91 of the Code for the purpose of Chapter VII of the Code by the State

Government;

(n) “electronically” means any information submitted by email or

uploading on the designated Portal or digital payment in any mode for

the purpose of the Code;

(o) “excluded vacancies” means those vacancies which have been

excluded from the purview of the section 139 as per the provisions of

sub-sections (1) and (2) of section 140;

(p) “form” means a form appended to these rules;

(q) “fund” means the Andhra Pradesh Building and Other Construction

Workers Welfare Fund referred to in Section 108 or the Social Security

Fund referred to in section 141, as the case may be;

(r) “Inspector-cum-Facilitator” means a person appointed by the State

Government, by notification under of section 122;

(s) “nomination" means nomination made under section 55;

(t) “register of women employees” means a register of women employees

maintained under rule 28(1)(iv) in Form XX;

(u) “Schedule” means the Schedule annexed to the Code;

(v) “section” means a section of the Code;

(w) “specified” means specified by an order of State Government or any

officer so authorised by the Government;

(x) “State” or “State Government” shall mean the State of Andhra

Pradesh and the Government of Andhra Pradesh, as the case may be;

(y) “transferring authority” means any authority in any country which

transfers or causes to be transferred any lump sum awarded under the

law relating to employee’s compensation in such country and

applicable for the benefit of any person residing or about to reside in

India;

and

(z) “year” means the financial year, beginning from the 1st day of April

and ending with the 31st day of March of the year following.

(2) The words and expressions used in these rules which are not defined

therein, but are defined in the Code, shall have their respective meaning

as assigned to them in the Code.

3. Registration of establishments and cancellation thereof.–(1)(a)

Every employer seeking registration for an establishment not already

registered shall apply electronically in the Form-I of the Occupational

Safety, Health and Working Conditions (Andhra Pradesh) Rules,

2026, on the Designated Portal of the State Labour Department Portal

by giving details about the establishment, and uploading documents

related to registration of the establishment including proof of Identity

and address of the employers as specified in the Form.

Explanation:- For the purposes of this sub-rule, Form-I under the

Occupational Safety, Health and Working Conditions (Andhra Pradesh)

Rules, 2026 shall be the common form for registration under these rules.

(b) The Form shall be signed digitally or in any other manner as may be

required on the portal.

submitted in the application.

(d) The Permanent Account Number (PAN) of the establishment allotted

under Income Tax Act, 1961 (43 of 1961) or any other unique number

allotted to the establishment under any other law for the time being in

force or any other particular furnished in the form, may be verified

online.

(e) The certificate of registration shall be issued electronically

immediately if the application is complete in all respects but not later

than seven days from the date of submission of complete application,

failing which such establishment shall be deemed to have been

registered and the certificate of registration shall be auto-generated:

Provided that in exceptional circumstances the State Government may,

for such period, by notification, as may be specified therein, dispense

with requirement of electronic registration, in respect of establishment

or class of establishment, for part or whole of India, and submission of

application in the form so provided, may be allowed.

(2) The Authorised Officer under the Code shall direct the employer

who fails to comply with the requirements of sub-rule(1),to do so within

the time stated therein and such employer shall, thereupon comply

with the instruction issued by the officer in this behalf.

(3) The employer in respect of an establishment already registered

under any other State Labour Acts and under State Rules under

Central Labour Acts for the time being in force shall, update the

particulars of employers or establishment on the Designated State

Labour Department Web Portal, within such period as the State

Government may specify by notification.

(4) Any registration made or deemed to have been made under this rule

shall expire, after twenty-four months from the date of registration, if

no compliance is reported using that registration number on the

portal:

Provided that such expiration of the registration number may be

revoked on an application made by the employer on the portal.

(5) Any registration obtained by providing wrong information shall be

liable for cancellation after the establishment has been given an

opportunity of showing cause within a period of thirty days from the

date on which the notice is served on the concerned employer,

electronically or otherwise, as to why the certificate of registration

should not be cancelled.

(6) The employer shall quote the registration number on all documents

prepared or submitted by him in connection with the Code or the

schemes or the rules or the regulations, as the case may be, and in all

correspondence with the offices concerned.

(7) Any change in the particulars furnished in the Form submitted on

the specified portal, shall be updated by the employer within thirty

days of such change.

(8) The employer of an establishment to which the provisions of the

Code apply and whose business activities are in the process of closure,

may apply for cancellation of registration in the specified form online on

the Designated State Labour Department Web Portal after giving

complete details and the status of the contribution and other dues

payable under the Code.

(9) The application for cancellation of registration shall be allowed after

the particulars in the application are verified in the manner as may be

specified by the State Government:

Provided that no such application for cancellation of registration shall

be entertained unless the employer has furnished all returns, paid all

dues under the Code and submitted a self-certification to that effect

along with the application:

Provided further that such application for cancellation shall be decided

within a period of ninety days of the receipt of the application complete

in all respect.

(10) A copy of the certificate of registration shall be displayed at the

conspicuous places in the premises where the work is being carried

out.

CHAPTER-II

THE ANDHRA PRADESH UNORGANISED WORKERS SOCIAL

SECURITY BOARD

4. Andhra Pradesh Unorganised Workers Social Security Board.–

(1) (a) A member of the Andhra Pradesh Unorganised Workers Social

Security Board other than an ex officio member thereof, shall hold

office for a period not exceeding three years from the date of his

nomination and shall be eligible for re-nomination:

Provided that a member, other than an ex-officio member, shall not

hold the office for more than total of two terms.

(b) The State Government shall seek nomination from amongst the

representatives of associations of unorganised sector workers and

employers’ associations of unorganised sector, in the Andhra Pradesh

Unorganised Workers Social Security Board in the category of sub-

clauses (i) and (ii) of clause (d) of sub-section (10) of section 6 in the

manner, as it may determine.

sub-clause (i) and (ii) of clause (d) of sub-section (10) of section 6 from

amongst the Unorganised Workers and the employers of unorganised

workers respectively.

(d) The State Government shall nominate five persons from amongst

persons of eminence in the field of labour welfare, management,

finance, law and administration for the purpose of clause (iv) of Section

6(10)(d).

(e) The State Government shall seek nomination of two members

representing the Legislative Assembly from the Speaker of the

Legislative Assembly.

(f)

The State Government shall nominate ten members under sub-

clause(v) of clause (d) of sub-section (10) of section 6 representing the

Departments concerned with the matters related to the welfare of the

unorganised sector workers.

(g) A member nominated under sub-clauses(i),(ii) and (iii) of clause(d) of

sub-section (2) of section 10, shall cease to be a member of the Andhra

Pradesh Unorganised Workers Social Security Board, if he ceases to

represent the category of interest from which he was so nominated:

Provided that out of seven persons nominated under said sub-clause

(i), one member each from the Scheduled Caste, the Scheduled Tribe,

the minorities and women shall be represented.

(h) A member nominated under sub-clause (iii) of clause (d) of sub-

section (10) of section 6 shall cease to be a member of the Andhra

Pradesh Unorganised Workers Social Security Board, if he ceases to be

a member of the Andhra Pradesh Legislative Assembly by which he was

so elected.

(i) No person shall be chosen as, or continue to be, a member of the

Andhra Pradesh Unorganised Workers Social Security Board if such

person attracts any provision of section 8.

(j) A member of the Andhra Pradesh Unorganised Workers Social Security

Board, other than an ex officio member thereof, shall hold office for a

period not exceeding three years from the date of his nomination and

shall be eligible for re-nomination:

Provided that a member, other than an ex-officio member, shall not

hold the office for more than total of two terms.

5. (a) A member of the Andhra Pradesh Unorganised Workers Social

Security Board, not being an ex-officio member, may resign by a letter

in writing addressed to the State Government.

(b) The seat of such a member shall fall vacant from the date on which

his resignation is accepted or on the expiry of thirty days from the date

of receipt of intimation of resignation, whichever is earlier.

with the State Government;

6. If such a member changes his address, he shall notify his new

address to the Member-Secretary of the Board who shall there upon

enter his new address in the official records:

Provided that if a member fails to notify his new address, the address

in the official records shall for all purposes be deemed to be the

member’s correct address.

7. When a vacancy occurs or is likely to occur in the membership of

the Andhra Pradesh Unorganised Workers Social Security Board,

Member- Secretary of the Board shall submit a report to the State

Government and on receipt of such report, the State Government

may, by notification, nominate a person to fill the vacancy in the

manner specified under sub rules

(1) and (2) of rule 4, and the person so nominated shall hold office for

the remainder of the term of office of the member in whose place he is

nominated.

8. (a) During the pendency of the proceeding, if any, under clauses (b)

and (c) of sub-section(2) of section 8, for removal of a member of the

Andhra Pradesh Unorganised Workers Social Security Board, such

member shall abstain from the meetings of the Board;

(b) the decision of the State Government, on the debarment, dis-

qualification and removal of any member under section 8, shall be

final.

B. ANDHRA PRADESH BUILDING AND OTHER CONSTRUCTION

WORKERS WELFARE BOARD

Schemes for building workers. –The State Building Workers’

Welfare Board shall formulate the following schemes for the building

workers as may be specified by the State Government to–

i. pay such amount in connection with premium for Group

Insurance Scheme of the beneficiaries;

ii. frame educational schemes for the benefit of children of the

beneficiaries; and

iii. meet such medical expenses for treatment of major ailments

of a beneficiary or, such dependant.

10. Other welfare measures and facilities. – If, in the opinion of the

Central Government, it is necessary, for the improvement of well-being

of the building workers, to formulate a new welfare scheme or schemes

in a State, the Central Government may formulate such scheme as

determined by that Government from time to time.

C. GENERAL

11. Meetings, notice of meetings, list of business and quorum.–

(1) (a) The Andhra Pradesh Unorganised Workers Social Security Board

and The Andhra Pradesh Building and Other Construction Workers’

Welfare Board or any Committee thereof shall, subject to sub-rule (2),

meet at such place and time as may be decided by its Chairperson.

(b) The Andhra Pradesh Unorganised Workers Social Security Board and

The Andhra Pradesh Building and Other Construction Workers’ Welfare

Board shall meet at least thrice in a year

Security Board and The Andhra Pradesh Building and Other

Construction Workers’ Welfare Board or any committee thereof may

whenever he thinks fit, and shall within fifteen days of the receipt of a

requisition in writing from not less than one half of the members of the

body concerned call for a special meeting thereof and a requisition so

made shall specify the object of the meeting proposed to be called.

(2) (a) A notice of not less than fifteen days from the date of issue,

containing the date, time and place of every ordinary meeting of The

Andhra Pradesh Unorganised Workers Social Security Board and The

Andhra Pradesh Building and Other Construction Workers’ Welfare

Board or any committee thereof, together with a list of business

proposed to be transacted and approved by the Chairperson concerned

shall be sent to every member of The Andhra Pradesh Unorganised

Workers Social Security Board and The Andhra Pradesh Building and

Other Construction Workers’ Welfare Board or any Committee thereof,

as the case may be, through e-mail or registered post or by special

messenger, and a brief note on each item of the agenda shall be sent

along with the agenda as soon thereafter as possible.

(b) When the Chairperson concerned calls an emergency meeting of the

Andhra Pradesh Unorganised Workers Social Security Board and The

Andhra Pradesh Building and Other Construction Workers’ Welfare

Board or any committee thereof, as the case may be, for considering

any matter which in his opinion is urgent, a notice giving such

reasonable time as he may consider necessary shall be deemed

sufficient and shall be sent to every member of The Andhra Pradesh

Unorganised Workers Social Security Board and The Andhra Pradesh

Building and Other Construction Workers’ Welfare Board or any

Committee thereof, as the case may be, through e-mail or registered

post or by special messenger.

Pradesh Unorganised Workers Social Security Board and The Andhra

Pradesh Building and Other Construction Workers’ Welfare Board or

any Committee thereof has been convened shall be considered at the

meeting except with the permission of the Chairperson of the meeting.

(3) The Chairperson or in his absence the Vice-Chairperson of The

Andhra Pradesh Unorganised Workers Social Security Board and The

Andhra Pradesh Building and Other Construction Workers’ Welfare

Board, as the case may be, shall preside over the meeting and in the

event of absence of both the Chairperson and the Vice-Chairperson, the

meeting shall be presided over by such member as may be nominated

by the Chairperson.

(4) No business shall be transacted at any meeting of The Andhra

Pradesh Unorganised Workers Social Security Board and The Andhra

Pradesh Building and Other Construction Workers’ Welfare Board or

any committee thereof unless a quorum of –

a. Ten members in case of The Andhra Pradesh Unorganised Workers

Social Security Board and

b. four members in case of the Andhra Pradesh Building and Other

Construction Workers’ Welfare Board is present:

Provided that if at any meeting, no sufficient number of members, are

present to form quorum, the Chairperson of the meeting shall adjourn

the meeting for an hour and it shall there upon be lawful to dispose of

the business at such adjourned meeting irrespective of the number of

members attending.

(5) (a) If a member is unable to attend any meeting of the Andhra

Pradesh Building and Other Construction Workers’ Welfare Board or

any committee thereof, as the case may be, he may, by a written

instrument, signed by him, addressed to the Chairperson of the

concerned body and explaining the reasons for his inability to attend

the meeting, appoint any representative of the organisation, which he

represents on the Andhra Pradesh Building and Other Construction

Workers’ Welfare Board or any committee thereof, as his substitute for

attending that meeting of the Andhra Pradesh Building and Other

Construction Workers’ Welfare Board or any committee thereof in his

place:

Provided that no such appointment shall be valid unless—

i. such appointment has been approved by the Chairperson of the body

concerned; and

ii. the instrument making such appointment has been received by the

Chairperson of the body concerned before the date fixed for the

meeting.

(b) A substitute validly appointed under clause (a) shall have all the

rights and powers of the member to whom he represents in relation to

the meeting of the body concerned, in respect of which he is appointed

and shall receive allowances, and be under obligations as if he were the

member appointed under the Code.

Andhra Pradesh Unorganised Workers Social Security Board and The

Andhra Pradesh Building and Other Construction Workers’ Welfare

Board

any

committee

thereof

under

clause

(a),

shall,

notwithstanding anything contained in this sub-rule, continue to be

liable for the misappropriation or misapplication of the fund by the

substitute and shall also be liable for any act of misfeasance or

nonfeasance committed in relation to the fund by the substitute

appointed by him.

(6) Every question considered at a meeting of the Andhra Pradesh

Unorganised Workers Social Security Board and The Andhra Pradesh

Building and Other Construction Workers’ Welfare Board or any

Committee thereof shall be decided by a majority of the votes of the

trustees or members of the body concerned present and voting and in

the event of an equality of votes the Chairperson shall exercise an

additional casting vote:

Provided that the Chairperson may, if he thinks fit, direct that any

question shall be decided by the circulation of necessary papers to the

members of the Andhra Pradesh Unorganised Workers Social Security

Board and The Andhra Pradesh Building and Other Construction

Workers’ Welfare Board or any committee thereof and by securing their

opinions in writing; and any such question shall be decided in

accordance with the opinion of the majority of the members received

within the time-limit allowed and if the opinions are equally divided,

the opinion of the Chairperson shall prevail:

Provided further that any trustee or member of the Andhra Pradesh

Unorganised Workers Social Security Board and The Andhra Pradesh

Building and Other Construction Workers’ Welfare Board or any

committee thereof may request that the question referred to the

trustees or members of the concerned body, as the case may be, for

written opinion be considered at a meeting of The Andhra Pradesh

Unorganised Workers Social Security Board and The Andhra Pradesh

Building and Other Construction Workers’ Welfare Board or any

committee thereof and thereupon the Chairperson may, and if the

request is made by not less than three trustees or members of the

concerned body, shall direct that it be so considered.

(7) (a) The minutes of each meeting showing inter-alia the names of the

members present there, shall be forwarded to each member of the

Andhra Pradesh Unorganised Workers Social Security Board and The

Andhra Pradesh Building and Other Construction Workers’ Welfare

Board, The minutes shall be forwarded to each member or any

committee thereof, as the case may be, and to the State Government,

as soon as possible and in any case not later than four weeks after the

meeting.

(b) The records of the minutes of each meeting of the Andhra Pradesh

Unorganised Workers Social Security Board and The Andhra Pradesh

Building and Other Construction Workers’ Welfare Board shall be

signed by the Commissioner of Labour or the Chief Executive Officer of

the Board, by whatever designation he is serving, with the approval of

the Chairperson.

modification considered necessary at the next meeting.

(d) The minutes of a meeting of the Andhra Pradesh Unorganised

Workers Social Security Board and The Andhra Pradesh Building and

Other Construction Workers’ Welfare Board or any committee thereof

shall be kept in separate Books (hereinafter referred to as minute-

books) and shall be signed by the Chairperson of the meeting at which

the proceedings are confirmed.

(e) A copy of the minutes so confirmed shall be forwarded to the State

Government with in fifteen days from the date of such confirmation:

(f) The minute-books shall be kept open at the principal office of the

Andhra Pradesh Unorganised Workers Social Security Board and The

Andhra Pradesh Building and Other Construction Workers’ Welfare

Board during office hours on working days for inspection free of charge

by any of the respective member.

(8) (a) Every non-official member of the Andhra Pradesh Unorganised

Workers Social Security Board and The Andhra Pradesh Building and

Other Construction Workers’ Welfare Board or any committee thereof,

as the case may be, shall be allowed travelling and daily allowance for

attending its meetings at the rates admissible to officers of the State

Government as notified by the Commissioner of Labour.

(b) Where such member, is a Member of State Legislature, he shall be

paid travelling allowance and daily allowance in accordance with the

provisions of respective provisions of the law pertaining to the members

of the concerned State Legislature, as the case may be:

Provided that when a Minister is appointed as Chairperson or member

of the Andhra Pradesh Unorganised Workers Social Security Board and

The Andhra Pradesh Building and Other Construction Workers’ Welfare

Board or any committee thereof and attends a meeting, his travelling

and daily allowance shall be governed by the rules applicable to him for

journeys performed on official duties and shall be paid by the authority

paying his salary.

any day of journey shall be claimed by a trustee or member of the

Andhra Pradesh Unorganised Workers Social Security Board and The

Andhra Pradesh Building and Other Construction Workers’ Welfare

Board or any committee thereof, if he has drawn or will draw allowance

for the same from his employer or as a member of the committee or any

legislature or of any committee or conference constituted or convened

by Government and no travelling allowance shall be claimed, if he uses

a means of transport provided at the expense of Government or his

employer.

(d) The daily and travelling allowance shall also be payable to a member

in respect of the meetings of any sub-committee set up by the Andhra

Pradesh Unorganised Workers Social Security Board and The Andhra

Pradesh Building and Other Construction Workers’ Welfare Board or by

any Committee thereof, attended by him.

(e) For attending a meeting of the Andhra Pradesh Unorganised

Workers Social Security Board and The Andhra Pradesh Building and

Other Construction Workers’ Welfare Board or any committee thereof or

meetings of a sub-committee set up by the Andhra Pradesh

Unorganised Workers Social Security Board and The Andhra Pradesh

Building and Other Construction Workers’ Welfare Board or any

Committee thereof, an official member of the Central Government shall

draw his travelling allowance from his department on a scale

admissible to him under the State Government rules and the amounts

so drawn shall, on a demand being made there for by the State

Government, be reimbursed by the Andhra Pradesh Unorganised

Workers Social Security Board and The Andhra Pradesh Building and

Other Construction Workers’ Welfare Board or Committee thereof to

that Government.

(f) Payments shall not be made to a non-official member earlier than

the last date up to which the allowance is claimed and the travelling

allowance for both the onward and return journeys will be included in

the travelling allowance bill and the payment made there for treated as

final, irrespective of the date of completion of the journey.

12.

Reconstitution of The Andhra Pradesh Unorganised

Workers Social Security Board and the Andhra Pradesh

Building and Other Construction Workers’ Welfare Board or

any of the Committees. –

When the Andhra Pradesh Unorganised Workers Social Security Board

and the Andhra Pradesh Building and Other Construction Workers’

Welfare Board has been superseded under the provisions of section 11,

the State Government, as the case maybe, shall —

(a) appoint or cause to be appointed or elected new members to the

Andhra Pradesh Unorganised Workers Social Security Board and The

Andhra Pradesh Building and Other Construction Workers’ Welfare

Board in accordance with section 6 or section 7, as the case may be;

and

(b)

in its discretion, make such arrangement for such period as it may

think fit, to exercise the powers and perform the functions of The

Andhra Pradesh Unorganised Workers Social Security Board and The

Andhra Pradesh Building and Other Construction Workers’ Welfare

Board.

CHAPTER-III

EMPLOYEES STATE INSURANCE CORPORATION

13.

Employees State Insurance Society. – (1) The State

Government may establish such organisation as an Employees State

Insurance Society (hereinafter refer to as the Society), which shall

serve as a managerial and health care body, in terms of sub-section

(5) of section 40.

(2) The Society shall consist of the Governing Body, the Executive

Committee, the Chief Executive Officer and the Secretariat.

(3) The Society shall be registered under the State specific Societies

Registration Act and the State specific Public Trust Act.

(4) The Governing Body of the Society shall consist of the following

members, namely: -

i. Chief Secretary of the State as Chairperson;

ii. Additional Chief Secretary or Principal Secretary or Secretary

(Labour or Health)

whosoever is overseeing the Employees’ State Insurance Services in the

State as Vice-Chairperson;

iii.

Additional Chief Secretary or Principal Secretary or Secretary

(Health or Labour) other than appointed under clause (ii) as member;

iv. Additional Chief Secretary or Principal Secretary or Secretary

(Finance) as member;

v. Director, Employees’ State Insurance Services of the State as Chief

Executive Officer-cum-Member Secretary;

vi. Corporation’s Nominee as member;

vii. three Employers Representative nominated by the Corporation as

member;

viii. three Employees representatives nominated by the Corporation as

member;

ix. Regional Director, Employees State Insurance Corporation as

member;

x. State Medical Officer, Employees State Insurance Corporation or any

other Medical Officer nominated by the Corporation as member.

(5) The management of the affairs of the Society shall be entrusted to

the Governing Body and the property of the society shall be vested in

the Governing Body and the Society shall be responsible for repair and

maintenance of the properties in the possession of the Society and

vested in the Governing Body.

(6) The Society shall have an Executive Committee which shall act for

and discharge functions on behalf of Governing Body, consisting of the

following members, namely: –

(i) Additional Chief Secretary or Principal Secretary or Secretary

(Labour

Health)overseeing

the

Employees’

State

Insurance

Directorate in the State as Chairperson;

(ii) Additional Chief Secretary or Principal Secretary or Secretary

(Health or Labour) other than the Chairperson as Vice Chairperson;

(iii) Additional Chief Secretary or Principal Secretary or Secretary

(Finance) as member,

(iv) Director-in-Chief of Directorate of Health and Family Welfare of

State as member,

(v) Regional Director of Employees’ State Insurance Corporation as

member;

(vi) State Medical Officer of Employees’ State Insurance Corporation or

any other Medical Officer nominated by the Corporation as member;

(vii) One Employer Representative as member;

(viii) One Employee Representative as member;

(ix) The Director, State Employees’ State Insurance Directorate shall be

the Chief Executive Officer-cum-Member Secretary.

(7) One third or at least three, whichever is higher, of the filled in posts

of the members of the Governing Body or the Executive Committee,

shall form the quorum for their meeting and every matter coming up for

decision before a meeting of the Governing Body or the Executive

Committee, as the case may be, shall be decided by the majority of

persons present and voting at the time of meeting and incase of

equality of votes, the Chairperson of the meeting shall have an

additional casting vote.

(8) The Governing Body shall hold meeting at least twice a year and the

Executive Committee shall hold meeting at least once in every three

months.

(9) The Chairperson, or in his absence, the Vice Chairperson of the

Governing Body or the Executive Committee, as the case may be, shall

preside at the meeting.

(10) The Society shall establish a secretariat which shall be responsible

for day-to-day management of the Society’s activities.

(11) The Chief Executive Officer may be authorised by the Governing

Body to execute such contracts on behalf of the Society as it may deem

fit in the conduct of the business of the Society, subject to the State

Government norms.

(12) The Society shall submit its budget by 10^th December of each year

and the accounts of the Society shall be audited annually by the

Comptroller and Auditor General of India.

(13) The financial year of the Society shall be from 1^st April to 31^st

March.

(14) The financial statement for the year ending 31^st March shall be

prepared by 31^st May of the year and an annual report along with

annual accounts shall be submitted to the Corporation within six

months of the closure of financial year.

(15) It shall have a bank account in the name of the Society to be

opened in a Nationalised Bank or any scheduled bank authorised for

government agency business and the Society shall be entitled to receive

grants, donations, contributions, subscription, bequests, fees, loan or

contingency in cash or kind, either in Indian or foreign currency,

subject to the approval of Governing Body of the Society.

(16) The tenure of non-official members of the Society shall be two

years and no non-official member shall be entitled to more than two

terms as a member of the Society.

(17) The Society may sue or be sued in the name of Chief Executive

Officer of the Society or of such other members as shall, in reference to

the matter concerned, be appointed by the Governing Body for the

occasion.

(18) The Society shall engage employees on deemed deputation from

the State Government or the Public Sector Undertaking or the Central

Government or the Corporation and their pensionary liabilities, if any,

shall rest with respective appointing authorities.

(19) The Society shall carryout any other activity as may be specified by

the Central Government or as may be directed by the Corporation.

(20) The non-official members of the Governing Body, and the Executive

Committee, of the Society shall be allowed travelling allowance and

daily allowance for attending its meetings at the rates admissible to the

officers of the State Government as notified by the Commissioner of

Labour.

14.

Capitalised value of benefit payable to the employee. –The

capitalised

value

the

permanent

disablement

benefit

and

dependents’ benefit shall be calculated by multiplying the daily rate

of benefit with the multiplication factor based on age of the Insured

Person provided in the regulations made under section 157.

15.

Terms and conditions for operation of scheme for other

beneficiaries. –The terms and conditions for providing benefits under

the scheme for other beneficiaries under section 44, such as may be

notified, by the Central Government from time to time and user

charges shall be as specified by the Corporation from time to time,

with the prior approval of the Central Government.

16. Proceedings before the Employees' Insurance Court, etc .–

(1) The proceedings before an Employees’ Insurance Court shall be

commenced on application by the Corporation or the aggrieved person

or the employer of an establishment, as the case may be.

(2) Subject to the provisions of Chapter IV of the Code and as provided

for in these rules, all proceedings before the Employees’ Insurance

Court shall be instituted in the Court appointed for the local area in

which the Insured Person was working at the time the question or

dispute arose.

(3) If the Court is satisfied that any matter arising out of any

proceedings pending before it can be more conveniently dealt with by

any other Employees’ Insurance Court in the same State, it may, order

such matter to be transferred to such other Court for disposal and

shall forthwith transmit to such other Court the records connected

with that matter.

(4) The State Government may transfer any matter pending before any

Employees’ Insurance Court in the State to any such Court in another

State with the consent of the State Government of that State.

(5) The Court to which any matter is transferred under sub-rule (3) or

sub-rule (4) shall continue the proceedings, further from the stage it is

transferred to it, as if they had been originally instituted in it.

(6) For the purposes of this Rule

(a) The Andhra Pradesh government, by notification in the Official

Gazette, establishes these specialized courts for designated local areas

within the State.

(b) Judges

appointed

these

courts

must

having

such

qualifications as is applicable for Labour Court Judges. And

multiple courts for one area and can issue orders to distribute work

among them.

CHAPTER-IV

GRATUITY

17.

Gratuity invested for benefit of minor. – In the case of a

nominee, or an heir, who is minor, the competent authority referred

to in the third proviso to sub-section (1) of section 53 shall invest the

gratuity amount deposited with him by the employer for the benefit of

such minor in term deposit with the State Bank of India or any

nationalised bank.

Explanation.–For the purposes of this rule," nationalised bank" means

a corresponding new bank specified in the First Schedule to the

Banking Companies (Acquisition and Transfer of Undertakings) Act,

1970 (5 of 1970)or a corresponding new bank specified in the First

Schedule of the Banking Companies (Acquisition and Transfer of

Undertakings) Act, 1980 (40 of 1980).

18. Nomination, fresh nomination and modification.–

(1) A nomination shall be in Form-I and submitted in duplicate by the

employee either by personal service, after taking proper receipt or by

registered post acknowledgement due or electronically to the employer,

(i) in the case of an employee who is already in employment for a year

or more on the date of commencement of these rules but has not

submitted the nomination, ordinarily, with in ninety days from such

date; and

(ii) in the case of an employee who completes one year of service after

the date of commencement of these rules, ordinarily within ninety days

of the completion of one year of service:

Provided that nomination in Form-I shall be accepted by the employer

after the expiry of the specified period, if filed and no nomination so

accepted shall be invalid merely because it was filed after the specified

period.

(2) Within thirty days of the receipt of nomination in Form-I under sub-

rule(1),the employer shall get the service particulars of the employee, as

mentioned in the form of nomination, verified with reference to the

records of the establishment and return to the employee, after

obtaining a receipt thereof, the duplicate copy of the nomination in

Form-I duly at tested either by the employer or an officer authorised in

this behalf by him, as a token of recording of the nomination by the

employer and the other copy of the nomination shall be retained by

him.

(3) An employee who has no family at the time of making a nomination

shall, within ninety days of acquiring a family submit in the manner

specified in sub-rule (1), a fresh nomination, as required under sub-

section (4) of section 55, duplicate in Form-I to the employer and there

after the provisions of sub-rule (2) shall apply mutatis mutandis as if it

was made under sub-rule (1).

(4) A notice of modification of a nomination, including cases where a

nominee predeceases an employee, shall be submitted in duplicate in

Form-I to the employer in the manner specified in sub-rule (1), and there

after the provisions of sub-rule(2)shall apply mutatis mutandis as if it was

made under sub-rule (1).

(5)

A nomination or a fresh nomination or a notice of modification of

nomination shall be, signed by the employee or, if illiterate, shall bear

his thumb impression in the presence of two competent witnesses, who

shall also sign a declaration to that effect in the nomination, fresh

nomination or notice of modification of nomination, as the case may be,

and shall be submitted by the employee electronically or by registered

post acknowledgement due to the employer.

(6) A nomination, fresh nomination or notice of modification of

nomination shall take effect from the date of receipt thereof by the

employer.

19.

Application for gratuity and appeal etc.,–(1) (a) An

employee who is eligible for payment of gratuity under the Code, or

any person authorised, in writing, to act on his behalf, shall apply,

ordinarily with in a period of thirty days from the date the gratuity

became payable, in Form-II to the employer:

Provided that where the date of superannuation or retirement of an

employee is known, the employee may apply to the employer before

thirty days of the date of superannuation or retirement:

Provided further that an employee on fixed term employment shall be

eligible for gratuity, if he renders service under the contract for a period

of at least one year and for subsequent period in excess of six months

and more, but less than one year, shall be rounded off to one additional

year.

(b) A nominee of an employee who is eligible for payment of gratuity

under the third proviso to sub-section (1) of section 53 shall apply,

ordinarily within thirty days from the date gratuity became payable to

him, in Form-II to the employer:

Provided that an application in plain paper with relevant particulars

shall also be accepted and the employer may obtain such other

particulars as may be deemed necessary by him.

under the third proviso to sub-section (1) of section 53, shall apply,

ordinarily within one year from the date gratuity became payable to

him, in Form-II to the employer;

(d) Where gratuity becomes payable under the Code before the

commencement of these rules, the periods of limitation specified in

clauses (a), (b) and (c) shall be deemed to be operative from the date of

such commencement;

(e) An application for payment of gratuity filed after the expiry of the

periods specified in this rule shall also be entertained by the employer,

if the applicant adduces sufficient cause for the delay in preferring his

claim, and no claim for gratuity under the Code shall be invalid merely

because the claimant failed to present his application within the

specified period and any dispute in this regard shall be referred to the

competent authority for his decision.

(f) An application under this rule shall be presented to the employer

either electronically or by personal service or by registered post

acknowledgement due.

(2) (a) with in fifteen days of the receipt of an application under sub-rule

(1) for payment of gratuity, the employer shall–

(i) if the claim is found admissible on verification, issue a notice in

Form-III to the applicant employee, nominee or legal heir, as the case

may be, specifying the amount of gratuity payable and fixing a date,

not being later than the thirtieth day after the date of receipt of the

application, for payment thereof; or

(ii) if the claim for gratuity is not found admissible, issue a notice in

Form-III to the applicant employee, nominee or legal heir, as the case

may be, specifying the reasons why the claim for gratuity is not

considered admissible and a copy of the notice shall be endorsed to the

competent authority.

Explanation.– For the purpose of determination of gratuity under this

rule, it is clarified that–(i) the exclusions from wage, as specified under

sub-clauses (a) and (b) of clause (88) of section 2 shall also include any

payment payable on an annual basis, that is linked to performance or

productivity of an employee or of the establishment in which he is

employed and is not part of the remuneration payable under the terms

of employment; and(ii) the following shall not form part of the wage -

a. reimbursement of medical expenses;

b. stock option benefit or cash equivalent of stock award;

c. crèche allowance;

d. telephone and internet reimbursement; and

e. value of meal vouchers.

(b) In case payment of gratuity is due to be made in the employer's

office, the date fixed for the purpose in the notice in Form-III under

sub- clause (i) of clause (a) sub-rule (2) shall be re-fixed by the

employer, if a written application in this behalf is made by the payee

explaining why it is not possible for him to be present in person on the

date specified.

may ask for such witness(es) or evidence(s) as may be deemed relevant

for establishing his identity or maintainability of his claim, as the case

may be and in that case, the time limit specified for issuance of notices

under clause (a) of sub-rule (2) shall be operative with effect from the

date such witness(es) or evidence(s),as the case maybe, called for by the

employer is furnished to the employer.

(d)

A notice in Form-III shall be served on the applicant either by

personal service after taking receipt or by registered post with

acknowledgement due or electronically.

(e) A notice under sub-section (2 )of section 56 shall be in Form-V.

(3) The gratuity payable under the Code shall be paid through Demand

Draft, digital payment mode or by crediting in the bank account of the

eligible employee, nominee or legal heir, as the case may be.

(4) (a)If an employer–

(i) refuses to accept a nomination under rule 34 or to entertain an

application sought to be filed under sub-rule (1); or

(ii) issues a notice under clause (a) of sub-rule (2) either specifying an

amount of gratuity which is considered by the applicant less than what

is payable or rejecting eligibility to payment of gratuity; or

(iii) having received an application under sub-rule (1) fails to issue

notice as required under sub-rule (2) within the time specified therein,

the claimant employee, nominee or legal heir, as the case may be, may,

within one hundred eighty days of the occurrence of the cause for the

application, apply in Form-IV to the competent authority for issuing a

direction under sub-section (5) of section 56 with copy to the opposite

party:

Provided that the competent authority may accept any application

under this sub-rule, on sufficient cause being shown by the applicant,

after the expiry of the specified period.

(b) Application under clause (a) and other documents relevant to such

an application shall be presented in person to the competent authority

or shall be sent by registered post acknowledgement due or

electronically.

(5) (a) On receipt of an application under sub-rule (4) the competent

authority shall, by issuing a notice in Form-V, electronically or

registered post acknowledgment due or in

person

call

upon

the

applicant as well as the employer to appear before him on a specified

date, time and place, either by himself or through his authorised

representative together with all relevant documents and witnesses, if

any.

(b)

Any person desiring to act on behalf of an employer or employee,

nominee or legal heir, as the case may be, shall present to the

competent authority a letter of authority from the employer or the

person concerned, as the case may be, on whose behalf he seeks to act

together with a written statement explaining his interest in the matter

and praying for permission so to act and the competent authority shall

record thereon an order either according his approval or specifying, in

the case of refusal to grant the permission prayed for, the reasons for

the refusal.

shall be bound by the acts of the representative.

(d) After completion of hearing on the date fixed under clause (a), or

after taking such further evidence(s), examination of documents or

witnesses, hearing and inquiry, as may be deemed necessary, the

competent authority shall record his finding as to whether any amount

is payable to the applicant under the Code and a copy of the finding

shall be given to each of the parties.

(e) If the employer concerned fails to appear on the specified date of

hearing after due service of notice without sufficient cause being

shown, the competent authority may proceed to hear and determine

the application ex parte; and if the applicant fails to appear on the

specified date of hearing without sufficient cause, the competent

authority may dismiss the application:

Provided that an order under clause (e) may, on good cause being

shown within a period of thirty days of receipt of the said order, be

reviewed and the application re-heard after giving not less than

fourteen days notice to the opposite party of the date fixed for rehearing

of the application.

(6) The sittings of the competent authority shall be held at such times

and at such places as he may fix and he shall inform the parties of the

same in such manner as he thinks fit.

(7) The competent authority may authorise a clerk of his office to

administer oaths for the purpose of giving evidence or producing

documents.

(8) The competent authority may, at any stage of the proceedings

before him, either upon or without an application by any of the parties

involved in the proceedings before him, and on such terms as may

appear to the competent authority just, issue summons to any person

in Form-V either to give evidence or to produce documents or for both

purposes on a specified date, time and place.

(9) (a) Subject to the provisions of clause (b), any notice, summons,

process or order issued by the competent authority may be served

either personally or by registered post acknowledgement due or

electronically or in any other manner as provided under the Code of

Civil Procedure, 1908 (5 of 1908).

(b) Where there are numerous persons as parties to any proceeding

before the competent authority and such persons are members of any

trade union or association or are represented by an authorized person,

the service of notice on the secretary, or where there is no secretary, on

the principal officer of the trade union or association, or on the

authorised person shall be deemed to be service on such persons.

(10) (a) The competent authority shall record the particulars of each

case under section 56 and at the time of passing orders shall sign and

date the particulars so recorded.

(b) The competent authority shall, while passing orders in each case,

also record the findings on the merits of the case and file it together

with the memoranda of evidence with the order sheet.

required by these rules to be signed by the competent authority, may

be signed on behalf of and under the direction of the competent

authority by any subordinate officer appointed in writing for this

purpose by the competent authority.

(11) If a finding is recorded under clause (d) of sub-rule (5) that the

applicant is entitled to payment of gratuity under the Code, the

competent authority shall issue a notice to the employer concerned in

Form-VI electronically or by registered post acknowledgment due or in

person specifying the amount payable and directing payment thereof to

the applicant under intimation to the competent authority within a

period of thirty days from the date of the receipt of the notice by the

employer and a copy of the notice shall be endorsed to the applicant

employee, nominee or legal heir, as the case may be.

(12) (a) The memorandum of appeal under sub-section (8) of section 56

shall be submitted to the appellate authority specified, by order, by the

State Government with a copy thereof to the opposite party and the

competent authority either through delivery in person or by registered

post acknowledgement due or electronically.

(b) The memorandum of appeal shall contain the facts of the case, the

decision of the competent authority, the grounds of appeal and the

relief sought.

copy of the finding of the competent authority and direction for

payment of gratuity.

(d) On receipt of the copy of memorandum of appeal, the competent

authority shall forward records of the case to the appellate authority.

(e) Within fourteen days of the receipt of the copy of the memorandum

of appeal from the appellate authority, the opposite party shall submit

his comments of each paragraph of the memorandum with additional

pleas, if any, to the appellate authority with a copy to the appellant.

(f) The appellate authority shall record its decision after giving the

parties to the appeal a reasonable opportunity of being heard and a

copy of the decision made by the appellate authority shall be given to

the parties to the appeal by electronically or registered post or in

person and a copy thereof shall be sent to the competent authority

returning records of the case sent by him.

(g) The competent authority shall, on receipt of the decision of the

appellate authority, make necessary entry in the records of the case

maintained by him.

(h) On receipt of the decision of the appellate authority, the competent

authority shall, if required under that decision, modify his direction for

payment of gratuity and issue a notice to the employer concerned in

Form-VI specifying the modified amount payable and directing payment

thereof to the applicant, under intimation to the competent authority

within a period of fifteen days of the receipt of the notice by the

employer and a copy of the notice be endorsed to the appellant

employee, nominee or legal heir, as the case may be, and to the

appellate authority.

(13) Where an employer fails to pay the gratuity due under the Code in

accordance with the notice by the competent authority under sub-rule

(11) or sub-rule (12), as the case may be, the employee concerned, his

nominee or legal heir, as the case may be, to whom the gratuity is

payable may apply to the competent authority in duplicate in Form-VII

for recovery thereof under section 129.

20. Terms and conditions for management of the trust.–

(1) A Board of Trustees shall be established for the management of the

approved Gratuity Fund according to such directions as may be given

by the State Government or the Commissioner of Labour, as the case

may be, from time to time.

(2) The Board of Trustees shall consist of such equal number of

representatives each of the employers and employees as may be

specified in the approved Gratuity Fund, as the case may be.

(3) The employer of such exempted establishment shall be the

Chairperson of the Board of Trustees and the Chairperson may exercise

a casting vote in the event of equality of votes.

However, arm’s length principles shall be maintained by the

Chairperson in all meetings of the Board of Trustees.

(4) The Board of Trustees shall meet at least once in every three months

and shall function in the accordance with the guidelines that may be

issued from time to time by the State Government or the Commissioner

of Labour, or any officer authorised by him as the case may be.

(5) The terms and conditions, including the tenure of office of the

Trustees, the procedure and manner for election or nomination of the

representatives of the employees and of employers to the Board of

Trustees, disqualification and cessation of trusteeship, re-election or

renomination of trustees, the quorum at the meeting of the Board,

records to be kept of the transaction of business and all such other

matters and conditions for the management of the Trust shall be as

provided for in the approved Gratuity Fund, as the case may be.

(6) In case of any dispute or doubt on

a. the interpretation of any provision of this rule, such matter shall be

referred to the Government; and

any clarifications on the grant of such exemption which do not

relate to this rule, shall be referred to the State Government or the

Commissioner of Labour, or any officer authorised by him as the case

may be;

and the interpretation of the State Government or the Commissioner of

Labour, or any officer authorized by him as the case may be., as the

case may be, on such dispute or doubt shall be binding for the disposal

of such matter so referred.

Explanation:-“Approved Gratuity Fund” shall be as per the provisions of

Section 57(2) of the Code

21.

Qualifications and experience of competent authority . –

The competent authority shall be appointed by the State Government,

by notification, from the gazetted officers having experience in labour

matters.

CHAPTER-V

MATERNITY BENEFIT

22.

Certificate and notice of claim for maternity benefit.–

(1)(a) The fact that a woman is pregnant or has been delivered of a

child or has undergone miscarriage or medical termination of

pregnancy or tubectomy operation or is suffering from illness arising

out of pregnancy, delivery, premature birth of a child or miscarriage

or medical termination of pregnancy or tubectomy operation shall be

proved by the production of a certificate in Form-VIII, from-

(i) a registered medical practitioner; or

(ii) an Accredited Social Health Activist; or

(iii) a qualified Auxiliary Nurse and Midwife.

(b) The fact that a woman has been confined may also be proved by the

production of a certificate of birth from the municipality or the gram

panchayat, extract from a birth register maintained under the

provisions of any law for the time being in force or a certificate signed

by an Accredited Social Health Activist or qualified Auxiliary Nurse and

Midwife or Gram Pradhan or Village Administrative Officer or

Authorised Officer of the Municipality, as the case may be.

proved by the production of a certificate signed by a qualified Auxiliary

Nurse and Midwife.

(d) The fact of death of a woman or a child may be proved by the

production of a certificate to that effect in Form-VIII from any of the

authorities referred to in clause (a) that is to say from the Gram

Pradhan or the Village Administrative Officer or Authorised Officer of

the Municipality, as the case may be, or by the production of a

certifiedextract from a death register maintained under the provisions

of any law for the time being in force.

(2)(a) A woman employed in an establishment and entitled to maternity

benefit shall give notice to her employer in Form-IX and the employer

shall make payment of the maternity benefit and any other amount due

under the Code to the woman concerned, or, in case of her death before

receiving such maternity benefit or amount, or where the employer is

liable for maternity benefit under the second proviso to sub-section (3)

of section 60, to the person nominated by the woman in her notice in

Form-IX and in case there is no such nominee to her legal

representative:

Provided that an application in plain paper or electronically with

relevant particulars may be accepted by an employer at his discretion

instead of Form-IX:

Provided further that no claim shall be invalid merely because the

claimant failed to present her application in specified form.

(b) In case of doubt, the maternity benefit or other amount due to a

woman employed in an establishment shall be deposited by the

employer, within two months of the date of death of the woman

concerned with the competent authority, who shall, after making

necessary enquiries as it may think fit, pay it to the person who, in his

opinion, is entitled to receive it.

shall be obtained by the employer in Form-IX from the person to whom

the payment is made and in cases falling under clause (b), a receipt

shall be given to the employer by the competent authority.

(d) The medical bonus shall be paid along with the second installment

of the maternity benefit.

(e) The maternity benefit or any other amount payable under section 63

shall be paid within two months of the date of death of the woman

entitled to receive such benefit or amount.

(f) The wages payable under section 65 shall be paid to the woman

entitled to receive such wages within forty-eight hours of production of

the certificate in Form-X by her.

23. Duration of nursing breaks. –(1) Each of the two breaks

mentioned in section 66 shall be of 15 minutes duration however, an

extra sufficient period, depending upon the distance to be covered, shall

be allowed for the purpose of journey to and from the creche or the

place where the children are left by women while on duty, provided that

such extra period shall be up to 15 minutes.

(2) If any dispute arises regarding such extra period, the matter shall

be referred to the competent authority for decision.

24. Employees and crèche facility.–(1)In every establishment where

fifty or more employees are ordinarily employed, there shall be provided

and maintained a creche for the use of children under the age of six

years of such employees.

(2) The crèche shall provide adequate accommodation with lighting,

ventilation and shall be maintained in a clean and sanitary condition

and the criteria for setting up of a crèche shall be as under, namely: –

(i) a crèche shall be located within one kilometer of the establishment to

which Chapter VI of the Code applies and shall be conveniently

accessible to the employees whose children are accommodated there in:

Provided that the location of one kilo metre radius shall be relaxed by

the competent authority in case of the establishments located within

the industrial parks or industrial area, notified by the State

Government or any Local Authority of the State Government, as the

case may be, where a common crèche facility is provided within such

industrial parks or industrial area and easily accessible to the

employees;

ii. crèche shall be maintained in safe and rain proof building;

iii. (a) accommodation in the creche shall be on a scale of at least ten

square feet of floor area per child;

(b) there shall be a play are a suitably fenced for children;

iv. the working hours of crèche shall correspond to the working hours of

the employees and it may work in shifts;

v. every crèche shall be in the charge of a woman with midwifery

qualification or training as crèche attendant and where the number of

children exceeds ten, the creche attendant shall be assisted by female

ayahs at the rate of one ayah for every ten children up to six years;

vi. the crèche shall have sufficient number of cots, beds, cotton sheets,

rubber sheets, blankets, pillows, toys, and like other things for

children;

vii. (a) every crèche shall have suitable arrangement for female

employees to feed their children below fifteen months of age during the

intervals;

(b) adequate number of bathrooms, toilets, washbasins, clean towels

and soap shall be provided in the crèche;

the supervision of trained female staff;

(d) there shall be a kitchen attached to the crèche with utensils and

other facilities for boiling milk and preparing refreshments and like

other things; and

(e) drinking water, milk and wholesome refreshments shall be available

for the children at the crèche;

(viii) (a) In any establishment where there is a sole negotiating union

under sub-section(2)or(3) of section 14 of the Industrial Relations Code,

2020 (35 of 2020)or a negotiating council under sub-section(4) of

section 14 of the Industrial Relations Code, 2020 (35 of 2020), then,

such negotiating union or negotiating council, as the case may be, may

enter into an agreement with the employer of the establishment that

the crèche facility under section 67 shall be provided, if women or

widower or single parent employees, who are having children below the

age of six years and eligible to get crèche facility and if not provided,

then, such employee shall be paid crèche allowance every month by

that establishment.

(b) Where there is no sole negotiating union or negotiating council

referred to in sub-clause (a) the majority of the employees of the

establishment may enter into an agreement with the employer of the

establishment that the crèche facility under section 67 shall be

provided, if women or widower or single parent employees, who are

having children below the age of six years and eligible to get crèche

facility and if not provided, then, such employee shall be paid crèche

allowance every month by that establishment.

Provided that, in both cases under clause (a) and this clause, the

amount of crèche allowance shall not be less than rupees five hundred

per month per child or such amount as may be notified by the Central

Government from time to time:

Provided further that the crèche allowance shall be admissible for two

children only except when the number of children exceeds two due to

second child birth resulting in multiple births.

25. Gross misconduct. –(1) The following acts shall constitute gross

misconduct for the purposes of second proviso to sub-section (1) of

section 68, namely: —

(a) willful destruction of employer’s goods or property;

(b) assaulting any superior or co-employee at the place of work;

a court of law;

(d) theft, fraud, or dishonesty in connection with the employer’s

business or property; and

(e) Willful non-observance of safety measure or rules on the subject or

willful interference with safety devices or with firefighting equipment.

(2) (a) An appeal under sub-section (2) of section 68 shall be preferred

to the competent authority in Form-X;

(b) The appeal may be made in writing and either handed over

personally or sent under a registered cover or electronically to the

competent authority.

copy of the memorandum of appeal to the employer, call for his reply

thereto and also ask him to produce documents connected with the

issue of the appeal by fixing a date.

(d)

The competent authority

may

ascertain further details, if

necessary, from the employer as well as from the appellant, and he shall

consider the facts presented to him, if any, and shall give his decision.

(e)

In case the employer fails to submit his reply or produce the

required documents within the specified period, the competent authority

may give his decision ex-parte.

26. Complaint before Inspector-cum-Facilitator and appeal.–(1)

(a) A complaint under sub-section (1) of section 72 shall be made in

writing in Form-XI to the Inspector-cum-Facilitator having jurisdiction.

(b) When a complaint referred to in sub-rule (1) is received by an

Inspector-cum-Facilitator, he shall examine the relevant records

maintained by the employer in this behalf, examine any person

employed in the establishment and take down necessary statement for

the purpose of the enquiry and if he is satisfied that the maternity

benefit or any amount has been improperly withheld or the woman

employee is discharged or dismissed, he shall direct the employer to

make the payment to the complainant or to the person claiming the

payment under section 63, and pass such order as he deems fit,

immediately but not exceeding period of 45 days.

(2) (a) An appeal against the decision of the Inspector-cum-Facilitator,

shall lie to the competent authority.

(b) The aggrieved person shall prefer an appeal in writing to the

competent authority in Form-XI and file other supporting documents.

the Inspector-cum-Facilitator before a fixed date, there cord of the case.

The competent authority shall, if necessary, also record the statements

of the aggrieved person, and of the Inspector-cum- Facilitator and seek

clarification, if any is required.

(d) Taking into account the document(s), the evidence produced before

him and the facts presented to him or ascertained by him, the

competent authority shall give his decision.

27.

Duties of Inspector-cum-Facilitator. –(1) (a) The competent

authority shall be responsible for the administration of these rules

within their respective areas notified by the State Government.

(b) Every Inspector-cum-Facilitator shall discharge his duties within

the area assigned to him by the State Government and shall act under

the supervision and control of the competent authority.

establishment see—

(i) whether due action has been taken on every notice given under

section 62;

(ii) whether the register of women employees referred to in rule 28 (1) (iv)

is correctly maintained;

(iii) whether there have been any cases of discharge or dismissal or

notices of discharge or dismissal in contravention of the provisions of

section 68 since the last inspection;

(iv) whether the provisions of sub - section(1)of section 59, sub –

sections (5) and (6) of section 62, sections 64, 65, 66, 67, 69 and 71

have been complied with and whether amounts due have been paid

within the time as per the relevant provisions of the Code and rules

made by the Central Government or State Government as the case may

be;

(v) whether there have been any cases of deprival of maternity benefit

or medical bonus as referred to in sub-section (2) of section 68; and

(vi) how far the irregularities pointed out at previous inspections have

been remedied and how far orders previously issued have been

complied with.

(d) Where an Inspector-cum-Facilitator observes irregularities against

the Code or these rules, he shall issue an order in writing electronically

or otherwise to the employer asking the employer to rectify the

irregularities within a period of fifteen days from the date of receipt of

the order and report compliance to the Inspector-cum-Facilitator.

(2) The employer shall supply to every woman employed by him at her

request free of cost copies of Forms-VIII, IX, X, XI.

(3) Nothing in sub-rule (1) of rule 37 and sub-rules (1) and (2) of rule 40

shall affect the right of a woman entitled to receive maternity benefit or

any other amount due under the Code if she fails to submit a notice,

appeal or complaint under the said rules, as the case may be, in a form

specified for such purpose:

Provided that where a notice, appeal or complaint under the said rules

has been submitted by a woman entitled to receive maternity benefit or

any other amount due under the Code in a form other than the form

specified for such purpose, the authority concerned may, within fifteen

days of the receipt of such notice, appeal or complaint require the

woman to submit the notice, appeal or complaint, as the case may be,

in the form specified for such purpose.

(4) The abstract of the provisions of Chapter VI of the Code and the

Central rules made there under required to be exhibited under section

71 shall be in Form-XII, and shall be exhibited in such manner as the

competent authority may require.

CHAPTER-VI

AUTHORITIES, ASSESSMENT, COMPLIANCE AND

RECOVERY

28.

Form and manner for maintenance of records and

registers etc.–(1) (a) the employer of every establishment shall

maintain, register–

(i) of employees in Form–I of the Code on Wages (Andhra Pradesh) Rules,

2026;

(ii) of attendance-cum-muster roll in Form-IX of the Code on Wages

(Andhra Pradesh) Rules, 2026;

(iii) of wages, overtime, advances, fines and deductions for damages

and losses in Form–IV of the Code on Wages (Andhra Pradesh) Rules,

2026;

(iv) Register of women employees in Form–XX:

Provided that in respect of establishment which is governed by the

Code on Wages, 2019 (Central Act No. 29 of 2019) or the Code on

Occupational Safety, Health and Working Conditions, 2020 (Central Act

No.37 of 2020) and rules made there under maintain the registers

specified in clause (i), (ii) and (iii) which shall be deemed to be

maintained by the employer under these rules also.

(b) Registers under this Chapter shall be maintained electronically or

otherwise.

language understood by a majority of persons employed.

(d) Every employer shall produce records and registers, on demand

before the Inspector-cum-Facilitator or any person authorised in that

behalf by the State Government.

(e) All the registers and other records shall be preserved in original for a

period of five calendar years from the date of last entry made therein.

(2) Every employer shall issue wage slips, electronically or otherwise to

the employees under clause (c) of section 123 before 24 hours of

payment of wages in Form–V of the Code on Wages (Andhra Pradesh)

Rules, 2026.

(3) All registers and other records required to be maintained under the

Code and the rules made there under shall be maintained complete

and

up-to-date

and

unless

otherwise

provided

the

State

Government, shall be kept at an office or the nearest convenient

building within the precincts of the workplace or at a place within a

radius of three kilometres there from.

(4) The employer shall display conspicuously a notice at or near the

main entrance of the establishment in bold letters in English, Hindi

and in a language understood by the majority of the employees

specifying the name of the officer with designation authorised by the

employer to receive, on his behalf, notices under the Code or the rules

made therein.

(5) (a) The employer to which the provisions of Chapter V and Chapter

VI of the Code apply, on or before the 1st day of February in each year,

upload a unified annual return in Form-XIII online on the web portal of

the State Government, giving information as to the particulars specified,

in respect of the preceding year:

Provided that during inspection, the Inspector-cum-Facilitator may

require the production of accounts, books, registers and other

documents maintained in electronic form or otherwise.

Explanation. - For the purposes of this sub-rule, the expression

“electronic form” shall have the same meaning as assigned to it in

clause (r) of section 2 of the Information Technology Act, 2000 (21 of

2000).

(b) If the employer to whom the provisions of Chapter V and Chapter VI

of the Code apply, sells, abandons or discontinues the working of the

establishment, then, he shall, within one month of the date of such

sale

abandonment

four

months

the

date

such

discontinuance, as the case may be, upload online, on the web portal of

the State Government, a further unified return in Form XIII referred to

in clause(a) in respect of the period between the end of the preceding

year and the date of such sale, abandonment or discontinuance, as the

case may be.

CHAPTER-VII

OFFENCES AND PENALTIES

29.

Compounding of offences.–(1) The officer authorized by the

State Government, (hereinafter in this rule referred to as the

Compounding

Officer)

notification,

for

the

purposes

compounding of offences under sub-section (1) of section 138 shall

issue electronically a compounding notice in Form-XIV for the

offences which are compoundable under section 138.

(2)

The person so noticed under sub-section (1) may apply in

Part III of the Form-XIV to the officer electronically and deposit the

entire compounding amount by electronic transfer or otherwise,

within fifteen days of the receipt of the notice.

(3)

The Compounding Officer shall issue a composition certificate in

Part IV of Form –XIV within ten days of receipt of the composition

amount, to such person from whom such amount has been received in

satisfaction of the composition notice.

(4)

If a person so noticed fails to deposit the composition amount

within the time specified by the Compounding Officer, the

prosecution shall be instituted before the Competent Court against

such person for the offences in respect of which the compounding

notice was issued.

(5) For the compounding of an offence after the institution of

prosecution in a Competent Court in respect thereof, the provisions of

sub-section (6) of section 138 shall apply.

CHAPTER-VIII

SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING

AND OTHER CONSTRUCTION WORKERS

30.

Time limit to payment of cess:- The time limit mentioned

for delay in Section 101 of the Code shall be as may be notified by the

State Government or the Commissioner of Labour as the case may be.

31.

Fees for Appeal: -Fee payable under Section 105 (2) shall be

1% of the Cess payable or as may be notified by the State

Government from time to time

CHAPTER-IX

EMPLOYMENT INFORMATION AND MONITORING

32.

Establishment and maintenance of career centre.–(1)The

State Government may establish, run and maintain career centre or

modify and declare its already established office or employment

exchange, or both or a portal or authorise any other such centre as

career centre, by notification. Till such notification is made, existing

local Employment Exchanges career centres (Regional).

(2) The State Government may also enter into an agreement with any

institution, local authority, local body or private body for running a

career centre.

(3) The career centres established under sub-rules (1) and (2) above

shall, inter-alia, perform the following functions, namely: –

(a) collection and furnishing of information, either by the keeping of

registers or otherwise, manually, digitally, virtually or through any

other mode relating to -

(i) persons who seek to employ employees;

(ii) persons who seek employment;

(iii) occurrence of vacancies; and

(iv) persons who seek vocational guidance and career counselling or

guidance to start self-employment;

(b) providing career counseling and vocational guidance;

(d) employment related surveys and studies;

(e) employability enhancement activities; and

(f) other services as may be decided by the appropriate Government

from time to time.

Explanation.–For the purposes of this rule, appropriate Government

shall State Government for career centre(Regional).

33.

Reporting of vacancies and result of selection etc .–(1) (a)

After the commencement of the Code in any State or area thereof, the

employer in every establishment in public sector in that State or area

shall, before filling up any vacancy in any employment in that

establishment, report that vacancy or cause to be reported to such

career centre as may be specified by notification, made by the

appropriate Government.

(b) The employer in every establishment in private sector or every

establishment pertaining to any class or category of establishments in

private sector shall, before filling up any vacancy in any employment in

that establishment, report that vacancy or cause to be reported to such

career centre (Regional) from such date as may be specified in the

notification made by the appropriate Government.

digital) for receipt of vacancies reported by the employers and career

centre to which the vacancies are reported, would provide a unique

vacancy reporting number for the vacancy reported and convey it to the

employer in writing, through email or digitally or through any other

such media immediately but in any case not later than seven working

days from the date of receipt of reporting of vacancies in north-eastern

States and three working days in other States:

Provided that time limit of three working days may be further enhanced

up to seven working days by appropriate Government, by notification,

keeping in view the geographical conditions or other local needs.

Explanation.–For the purposes of this rule,–

(A) “establishment in public sector” means an establishment owned,

controlled or managed by-

(i) the Government or a Department of the Government;

(ii) a Government company as defined in clause (45) of section 2 of the

Companies Act, 2013 (18 of 2013);

(iii) a corporation (including a co-operative society) or an autonomous

organization or an authority or a body established by or under State

enactment, which is owned, controlled or managed by the

Government; and a local authority.

(B) “establishment in private sector” means an establishment which is

not an establishment in public sector and with ordinarily 50 or more

employees or such number of employees as may be notified by the

Central Government are employed therein.

centre (Regional). The State Government, having no career centre or

digital portal of its own, may specify, by notification, reporting of

vacancies by establishments in an area thereof to the digital portal or

to the Career Centre of the Central Government.

(2)(a)The following vacancies, namely:–

(i) all vacancies in posts of Technical and Scientific nature carrying a

minimum pay or pay level or both as notified by the Central

Government, occurring in establishments in respect of which the

Central Government is the appropriate Government under the Code;

and

(ii) vacancies which an employer may desire to be circulated to the

career centres outside the State or Union territory in which the

establishment is situated;

shall be reported to such career centre (Central) as may be specified by

the Central Government, by notification.

(b) Vacancies other than those specified in clause (a), shall be reported

to the career centre (Regional) concerned.

and for which recruitment is to be made on State or Inter-State or all

India basis, shall also be reported to career centre (Central) or uploaded

on a digital portal as specified by the Central Government by

notification in addition to the State portal.

(3)(a) The vacancies shall be reported in writing or through official email

or digitally to the career centre specified by the appropriate

Government.

(b) The vacancies shall be reported in the format given at Form-XV,

furnishing as many details as practicable, separately in respect of each

type of vacancy.

under clause (a) of sub rule(3), shall be reported in writing or through

official email or digitally, as the case may be, to the specified career

centre.

(4)(a) Vacancies, required to be reported to the career centre(Regional),

shall be reported at least fifteen days before the last date of receipt of

the applications of the prospective candidates for purpose of

appointment or taking interview or test against the vacancies reported.

(b) Vacancies required to be reported to the career centre(Central) shall

be reported at least forty days before the last date of receipt of the

applications of the prospective candidates for purpose of appointment

or taking interview or test against the vacancies reported.

selection to the concerned career centre against the vacancies reported

within thirty days from the date of selection.

(5) (a) After commencement of the Code in any State or area thereof, the

employers in every establishment in the public sector in that State or

area shall maintain records manually or electronically or digitally

about–

i. total number of employees (regular, contractual or fixed term

employment) on 31^stMarch of every year;

ii. persons recruited during the year ending on 31^st March;

iii. occupational details of its employees on 31^st March of every year;

iv. vacancies for which suitable candidates were not available during

the year ending on 31^st March; and

v. approximate number of vacancies likely to occur during the next

financial year.

(b) Appropriate Government may, by notification, require that from

such date as may be specified in the notification, the employer in every

establishment in private sector or every establishment pertaining to

any class or category of establishment in private sector shall maintain

records manually or electronically or digitally about –

i. total number of employees (regular, contractual or fixed term

employment) as on 31^st March of every year;

ii. persons recruited during the year ending on 31^st March;

iii. occupational details of its employees as on 31^st March of every year;

iv. vacancies for which suitable candidates were not available during

the year ending on 31^st March; and

v. approximate number of vacancies likely to occur during the next

financial year.

(6) An employer shall furnish to the concerned Career Centre

(Regional) yearly returns in form (Employment Information Return) as

given at Form-XVII. Yearly returns shall be furnished manually or,

electronically, or digitally, as the case may be, as specified by the

respective State Government in notification, within thirty days of the

due date, namely, 31^stMarch of the year.

(7) (a) The Director of Employment or officer of his equivalent or above

rank, controlling the work of career centres (Regional) of the respective

State Government, will declare in writing an officer looking after the

work of career centres (Regional) as “Executive Officer” for each district

for the purpose of enforcement /implementation of Chapter XIII

(Employment Information and Monitoring) of the Code. He shall be the

officer who shall exercise the rights and perform duties referred to in

section 139, or authorize any person in writing to exercise those rights and

perform duties.

(b) The Director of Employment or an officer of his equivalent or above

rank, controlling the work of Directorate General of Employment,

Ministry of Labour and Employment, New Delhi, will declare in writing

an officer looking after the work of career centres (Central) as

“Executive Officer” for the purpose of enforcement or implementation of

Chapter XIII (Employment Information and Monitoring) of the Code. He

shall be the officer who shall exercise the rights and perform duties

referred to in section 139.

(8) The Director of Employment or an officer of his equivalent or above

rank, controlling the work of career centres (Regional) of the respective

State shall be the competent authority to approve institution or

sanction the institution of levy of penalty for an offence under the Code

as mentioned in section 133.

(9) For implementation of provisions of Code relating to Chapter XIII and

rules thereof, the Central Government may issue detailed guidelines

explanatory in nature which shall be supplemented further by the

respective State Government as per local needs.

CHAPTER-X

EMPLOYEE’S COMPENSATION

34.

Rate of interest to be paid by the employer under clause

(a) of sub-section (3) of section 77.-If the amount of compensation

payable under sub-section (3) of section 77 is not paid by the

employer within the period of thirty days, the employer shall pay,

from the date on which the compensation becomes payable to the

date on which it is paid, simple interest at the rate of twelve per cent.

per annum or any other rate notified by the Central Government from

time to time.

35.

Manner of notice under sub-section (1) and the manner of

transmitting money under sub-section (3), of section 92.-Money

transmitted by one competent authority to another in accordance

with sub-section (3) of section 92 shall be transmitted either by

remittance receipt or by e-transfer or by net banking or by Demand

Draft, as the competent authority transmitting the money may direct.

36. Form, manner and fee for application for claim or settlement

under sub-section (3) of section 93.-(1) The applicant may send any

application of the nature referred to in section 93to the competent

authority by registered post or electronically or may be presented to

him or to any of his subordinates authorised by him in this behalf,

and, if so sent or presented, shall, unless the competent authority

otherwise directs, be made in duplicate in Form-XVI, if any, and shall

be signed by the applicant.

(2) There shall be appended to every such application a certificate in

Form-XVI, which shall be signed by the applicant to the effect that the

statement of facts contained in the application is to the best of his

knowledge and belief, accurate.

(3) When the application for relief is based upon a document, the

document shall be appended to the application.

37.

Venue of proceedings, transfer of matters and processing of

application. -(1)(a) A competent authority for the area shall process an

application under section 90 or section 93 before or by a competent

authority for the area in which—

(i) the accident took place which resulted in the injury; or

(ii) the employee or in case of his death the dependants claiming the

compensation ordinarily reside; or

(iii) the employer has his registered office:

Provided that no application shall be processed before or by a

competent authority other than the competent authority having the

jurisdiction over the area in which the accident took place without his

giving notice in Form-XVIII to the competent authority having

jurisdiction over the area and the State Government concerned.

(b) The competent authority under clause (b) or clause (c) of sub-

section (1) of section 92 may initiate the proceedings afresh or he may

continue the previous proceedings initiated under clause (a) of sub-

section (1) of section 91 as if the same or any of its part had been taken

before him if he is satisfied that the interest of the parties shall not

thereby be prejudiced.

38.

Transfer of records or money.-(1) If any matter under the

Code is required to be processed before or by a competent authority

other than the competent authority having jurisdiction over the area

in which the accident took place the former may for the proper

disposal of the matter call for in Form-XIX a detailed report including

transfer of any records or money remaining with the latter and on

receipt of such a request he shall comply with the same:

Provided that if any further enquiry is necessary in the area in which

the accident took place for framing of issues or for determining the

amount of compensation, the competent authority, before whom the

application has been filed, may require the competent authority of the

area in which the accident took place to conduct such enquiries and to

serve such notices or orders as may be necessary for the purpose of

such enquiries.

(2) Money deposited with one competent authority under section81 shall

be transmitted to another competent authority either by remittance

transfer receipt or by e-transfer or by net banking or by demand draft.

39.

Every employer shall at the time of employment of an

employee, inform the employee of his right to compensation under the

Code, in writing and by electronic means, in English or Hindi or in

the official language of the area of employment, which is known to the

employee.

40.

Class of Employers and the form of Notice Book:-The

Notice Book shall contain such details as may be notified by the State

Government or the Commissioner of Labour as the case may be.

41.

The manner of recording the memorandum in a register

by the Competent Authority:- The manner of recording the

memorandum mentioned in Section 89 of the Code, shall be ass may

be notified by the State Government or the Commissioner of Labour

as the case may be.

42. Experience and qualifications for appointment as a

Competent Authority: -“such other experience and qualifications”

mentioned in Section 91(1) of the Code shall be as may be notified by

the State Government or the Commissioner of Labour as the case

may be.

43.

The amount to be deposited towards the expenditure of

the funeral of the employee with the competent authority by

the employer: -The amount prescribed by the State Government

shall be Rupees Twenty thousand or such modified amount as

may be notified by the State Government from time to time.

44.

Conditions when application for review is made without

certificate of a Medical Practitioner: -Conditions mentioned in

Section 79(1) for application without a Medical Certificate shall be By

a Medical Officer not below the rank of an Assistant Civil Surgeon or

as may be notified by the State Government from time to time.

45.

Frequent interval for Medical Examination: -Frequency of

intervals for Medical Examination mentioned in the proviso to Section

84(1) shall be as may be suggested by the Medical Officer not below

the rank of an Assistant Civil Surgeon or as may be notified by the

State Government from time to time

46.

Form of Statement to be submitted by the employer:- The

form prescribed in Section 88(1) shall be as may be notified by the

State Government from time to time

47. Venue of proceedings, transfer of matters and processing of

application.- (1)(a) A competent authority for the area shall process an

application under section 92 before or by a competent authority for the

area in which—