The Andhra Pradesh Industrial Workers (Representation, Participation in Management and Relief) Act, 1998.

THE ANDHRA PRADESH INDUSTRIAL WORKERS (REPRESENTATION,
PARTICIPATION IN MANAGEMENT AND RELIEF) ACT, 1998
ACT No. 24 OF 1998
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER - I
PRELIMINARY
1. Short title, extent, application and commencement
2. Definitions
CHAPTER - II
RECOGNITION OF UNIONS
3. Levels of recognised unions
4. Power to amend First Schedule
5. Determination of industrial units
6. Chief Election Authority
7. Election Authorities
8. Powers of election authority
9. Registers
10. Returns
11. Existing Recognised Unions
12. Application for recognition
13. Manner of election
14. Eligible voters
15. Declaration of results
16. Recognition in case of single union
17. Appeal
18. Term of recognised union
19. Rights of unions
20. Obligations of employers
21. Interpretation of provisions
CHAPTER III
WORKERS PARTICIPATION IN MANAGEMENT
22. Application
23. Authorities
24. Constitution of councils
25. Membership of the councils
26. Power to nominate
27. Term of members of councils
28. Resignation of membership to the councils
29. Cessation of membership of councils
30. Nomination and term of Chairman and Co-Chairman
31. Powers and functions of the Chairman
32. Resignation of Chairman and Co-Chairman
33. Filling up of casual vacancy in the office of Chairman or
Co-Chairman
34. Meetings of the councils
35. Resolutions of enterprise councils
36. Participation at Board level
CHAPTER - IV
PROTECTION OF WORKERS' INTERESTS IN
CLOSED ESTABLISHMENTS
37. Application
38. Fund
39. Contribution to the Fund
40. Deduction
41. Recovery
42. Constitution of the State Board
43. Members of the Board and Term
44. Allowances.
45. Disqualification and removal
46. Resignation
47. Grants and loans
48. Vesting of Fund
49. Application of Fund
50. Borrowings
51. Directions by the Government
52. Assistance to affected workmen
53. Audit of accounts
CHAPTER - V
MISCELLANEOUS
54. Act not to apply to certain classes of employers
55. Appointment of Inspectors
56. Duties of Inspectors
57. Furnishing of records etc
58. Maintenance of records
59. Power to amend Schedules
60. Provisions not to override other laws
61. Bar of Jurisdiction
62. Officers to be Public Servants
63. Protection of action taken in good faith
64. Penalties
65. Cognizance of offences
66. Trial of offences
67. Power to remove difficulties
68. Power to review the implementation of the provisions
69. Power to make rules
Schedules I to V
THE ANDHRA PRADESH INDUSTRIAL WORKERS
(REPRESENTATION, PARTICIPATION IN MANAGEMENT
AND RELIEF) ACT, 1998
ACT No.24 OF 1998
[20th June, 1998]
AN ACT TO PROVIDE FOR RECOGNISATION TO TRADE UNIONS WITH
A VIEW TO FACILITATING COLLECTIVE BARGAINING AND PROVIDE
FOR PARTICIPATION OF WORKERS IN MANAGEMENT OF INDUSTRIAL
ESTABLISHMENTS, PROTECTION OF WORKS, CONSTITUTION OF
CONTINGENCY FUND TO PROVIDE RELIEF TO THE WORKMEN
AFFECTED BY CLOSURE OF INDUSTRIAL ESTABLISHMENTS DUE TO
SICKNESS OR OTHERWISE AND FOR MATTERS CONNECTED
THEREWITH AND INCIDENTAL THERETO.
Whereas it is considered expedient to provide statutory recognition to the
unions in Industrial establishment so as to facilitate collective bargaining
and to promote better relations between employees and employer;
 And whereas, it is felt necessary to give effect to the concept of workers
participation in the management of industrial establishments enshrined in
article 43-A of the Constitution of India as one of the Directive Principles of
State Policy;
 And whereas it is considered that promotion of participation of workers
in the management would contribute to harmonious industrial relations
and serve to protect workers interests in industry;
 And whereas, it is considered essential constitute and industrial workers
Contingency Fund to provide relief to workers affected by unauthorised
closures, temporary or permanent, of industrial establishment due to
sickness or other-wise and to provide for their sustenance;
 Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Forty ninth Year of the Republic of India, as follows:-
CHAPTER - I
PRELIMINARY
1. Short title, extent application and commencement -(1) This Act may
be called the Andhra Pradesh Industrial Workers (Representation,
Participation in Management and Relief) Act, 1998.
(2) It shall extend to the whole of the State of Andhra Pradesh.
 (3) It shall apply to all industrial establishments and units situated in
the State of Andhra Pradesh.
 (4) It shall come into force on such date as the Government, may by
notification appoint and they may appoint different dates for different
provisions or different chapters.
2. Definitions -(1) In this Act, unless, the context otherwise, requires,-
(i) ‘affected workman’means a workman who has worked for a
period of ninety days within a period of one hundred and eighty
days proceeding the date of closure of a closed industrial
establishment;
(ii) ‘authority’ means the authority appointed under
sub-section (1) of section 23;
(iii) ‘appellate authority’means, the authority appointed under
sub-section (2) of section 23;
(iv)‘Board’means the board constituted under section 42;
(v) ‘Closed Industrial Establishment’means an establishment
wherein cessation or suspension of operation by way of lockout or
otherwise, other than an authorised closure under section 25-O of
the Industrial Disputes Act, 1947 (Central Act 14 of 1947),
continues for a period of sixty days, and includes lockout
continued despite prohibitory orders:
Provided that an industrial establishment in which cessation
or suspension of operations take place due to a lockout declared
consent on a strike contrary to the provisions of the Industrial
Dispute Act, 1947 (Central Act 14 of 1947), shall not be deemed to
be a closed industrial establishment for the purposes of this Act;
(vi) ‘Contingency Fund’means the Andhra Pradesh Industrial
Workers’ Contingency Fund constituted under section 38;
(vii)‘Craft Union’means a union registered under the (Central Act
XIV of 1947) Trade Unions Act, 1926 but whose activities are
restricted to a category of the workmen employed in the industrial
establishment;
(viii)‘election authority’means the election authority appointed
under section 7 of this Act;
(ix) ‘employer’means the owner, or person having charge of, or
ultimate control over the affairs of an industrial establishment and
includes the Director, Manager, Agent or any other person
managing the affairs of an industrial establishment;
(x)‘enterprise council’means a council constituted under section
24, at the level of industrial establishment;
(xi)‘factory council’means a council constituted under section 24
at the level of the Factory;
(xii) ‘Government’means the State Government of Andhra
Pradesh;
(xiii)‘Inspector’means an Inspector appointed under section 55;
(xiv) ‘Establishment or Industrial establishment’means an
establishment; and its one or more units in which an industry as
defined in clause (j) of section 2 of the Industrial Disputes Act,
1947 (Central Act 14 of 1947) is carried on; or any other
establishment as the Government may, by notification, declare as
such, for the purposes of this Act, but does not include those
industries to which the Central Government is the appropriate
Government under the Industrial Disputes Act, 1947 (Central Act
14 of 1947);
(xv) ‘notification’means a notification published in the Andhra
Pradesh Gazette; and the word ‘notified’ shall be construed
accordingly;
(xvi) ‘prescribed’means prescribed by rules made by the
Government under this Act;
(xvii) ‘recognised union’means a union which has been
recognised under Chapter II of this Act;
(xviii)‘shop council’means a council constituted under section 24
of this Act at the shop floor level;
(xix) ‘union’means a Trade Union registered under the Trade
Unions Act, 1926 (Central Act XVI of 1926);
(xx) ‘unit’ means a unit of the industrial establishment as
determined under section 5;
(xxi) ‘Workman’means any person including an apprentice
employed in any industry to do any manual, unskilled, skilled,
technical, operational, clerical or supervisory work for hire or
reward, whether the terms of employment be express, or implied,
but does not include any such persons:
(i) who is subject to the Air Force Act, 1950, or the Army Act,
1950, or the Navy Act, 1957, or
(ii) who is employed in the police service or as an officer or
employee of a prison; or
(iii) who, is employed mainly managerial or administrative
capacity; or
(vi) who, being employed in a supervisory capacity, draws
wages exceeding one thousand six hundred rupees per
mensem, or exercises, either by the nature of duties attached
to the office, or by reason of the powers vested in him
functions mainly of a managerial nature.
(2) The words and expressions used but not defined in this Act
shall have the same meaning assigned to them in the,-
(i)  Trade Unions Act, 1926 (Central Act XVI of 1926;
(ii) Industrial Disputes Act, 1947 (Central Act 14 of 1947).
CHAPTER - II
RECOGNITION OF UNIONS
3. Levels of recognised unions-(1) Except in respect of establishments
specified in the First Schedule to this Act, the recognised union shall be at
the level of an industrial establishment.
(2) In every establishment specified in the First Schedule to this
Act, there shall be a recognised union for the industrial establishment and
also a recognised union for each industrial unit thereof.
4. Power to amend First Schedule - The Government in consultation
with the Chief Election Authority, may by notification add to, alter or
amend the First Schedule from time to time.
5. Determination of industrial units - (1) The units of an establishment
specified in the First Schedule shall be determined by the election
authority in consultation with the employers and the unions in such
industrial establishment.
(2) An appeal against the decision of the election authority under
sub-section (1) shall lie within such time as may be prescribed, to the
Chief Election Authority who shall, after giving reasonable opportunity to
all concerned, decide such appeal, and whose decision thereon shall be
final and binding.
(3) The units determined either under sub-section (1), or under
sub-section (2) shall not be altered for a period of five years.
6. Chief Election Authority - The Commissioner of Labour shall be the
Chief Election Authority for the purposes of this Act.
7. Election Authorities - (1) The Chief election authority may appoint
such number of officers as he considers necessary to be the election
authorities for such areas or, establishments or units, as the case may be,
for the purposes of this Act.
(2) The election authority, on such appointment may appoint such
number of persons under their control to assist the election authorities to
discharge their duties and perform their functions.
8. Powers of election authority- (1) The Chief Election Authority and
the election authorities appointed under section 7, shall be competent to
enquire into any matter which in their opinion is relevant in performing
their functions under this Act.
(2) For the purpose of sub-section (1), the Chief Election Authority
or the election authority is competent to require any person who, in his
opinion, is able to furnish relevant information or produce relevant
documents, to furnish any such information or produce any such
document.
 (3) For the purpose of any such enquiry, the Chief election authority or
the election authority shall have all the powers of a civil court while trying
a suit under the Code of  Civil Procedure, 1908 (Central Act 5 of 1908)in
respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof, from any court
     or office;
(e) issuing commissions for the examination of witnesses or
     documents; and
(f) such other matters as may be prescribed.
9. Registrar -The Chief Election Authority may specify by order such
registers and records, in such form as he may specify to be maintained for
the purposes of this Act.
10. Returns - Every recognised union shall submit such returns, in such
form, to the election authority or such other officer as may be specified by
order by the Chief Election Authority.
11. Existing Recognised Unions - Notwithstanding anything contained in
this Act, a union which has been recognised under Code of Discipline as
on the date of the commencement of this Act, shall be deemed to be a
recognised union and shall continue as such till the expiry of two years
from the date of recognition and thereafter shall continue in accordance
with the provisions of this Act.
12. Application for recognition - (1) Where, in any establishment or unit
more than one eligible unions are functioning, any of such unions may
apply to the election authority to be considered as a recognised union for
such an establishment, or unit or for both as the case may be.
(2) An eligible union whose operations do not extend to the whole
of the establishment but are restricted to one, or more units thereof, shall
be entitled to apply for recognition only for such unit or units.
(3) On receipt of such application, the election authority shall
address all the eligible unions in the establishment or units inviting
objections to be filed, if any within such period as may be prescribed:
(4) If no objections are received, the election authority shall grant
to the applicant union a certificate of recognition for the establishment, or
unit of for both as the ease may be.
(5) Where objections are received by the election authority, the
election authority shall determine the recognised union by holding
elections.
Explanation:-For the purpose of this section, eligible union means a
union:-
(i) which has been functioning for not less than one year
from the date of its registration; and
(ii)  which is not a craft union.
13. Manner of election - The election for the purpose of granting
recognition shall be held by secret ballot and in such manner as may be
prescribed.
14. Eligible voters - (1) For the purpose of election, the following
workmen shall constitute the eligible voters namely:-
(i) all permanent workmen; and
(ii) all such casual or temporary or badli, workmen or
contract labour who worked in the establishment for not less
than two hundred and forty days within a continuous period
of three hundred sixty and five days, preceding the date of
application under sub-section (1) of section 12:
Provided that such of these contract labour who have
been exclusively engaged by the industrial establishment in
the essential, economic activity of such establishment alone
shall be eligible to vote:
Provided further that such of those contract labour
who are engaged in building construction activities, cleaning
operations, or in such activities other than the essential
economic activity of an industrial establishment shall not be
eligible to vote.
(2) If any doubt arises whether activity is an essential economic
activity or not, it shall be referred to the Commissioner of Labour whose
decision thereon shall be final.
Explanation:-For the purpose of this section, the expressions “permanent
workmen, casual workmen, Temporary workmen and badli workmen”,
shall have the same meaning as assigned under the Model Standing
Orders prescribed under rule 3 of the Andhra Pradesh Industrial
Employment (Standing Orders) Rules, 1953 under the First Schedule to
the Industrial Employment (Standing Orders) Act, 1946 (Central Act 20 of
1946). The term contract labour shall have the same meaning as assigned
to it under the Contract Labour (Regulation and Abolition) Act, 1970
(Central Act 37 of 1970).
15. Declaration of results - (1) The election authority shall declare the
results of the election in such form as may be prescribed.
(2) The election, authority shall, soon after the declaration of the
results, grant a certificate of recognition to such of the unions which
secured the maximum number of votes polled.
(3) The election authority shall communicate to the employer
concerned, the results of the election and the names of the recognised
union.
16 Recognition In case of single union -(1) Wherein an establishment
or unit only one union is registered, it may apply in the prescribed form to
the election authority for recognition.
(2) On receipt of such application, the election authority shall grant
a certificate of recognition to such union in the form prescribed:
Provided that such certificate shall not be granted unless such
union:-
(i) is the only union registered;
(ii) enjoys a membership of not less than fifteen percent of
the eligible voters in the establishment or the unit as the
case may be;
(iii) has its operations extending over the establishment or
the unit as the case may be; and
(iv) is not a craft union.
(2) The election authority shall communicate to the employer
concerned the name of the recognised union.
17. Appeal -  (1) An appeal against the results declared under sub-section
(1) of section 15 of grant or certificate of recognition under sub-section (2)
of section 16 shall lie within such time as may be prescribed, to the Chief
Election Authority or to such officer as he may, by general or special order
specify, who shall after giving reasonable opportunity to all concerned
decided such appeal within the prescribed period and whose decisions
thereon shall be final and binding.
(2)  During the pendency of an appeal under sub-section (1), the
recognised union shall continue to function as such, but it shall not enter
into any agreement with the employer, unless specifically so authorised by
the Commissioner of Labour.
18. Term of recognised union(1) The term of a recognised union shall be
for a period of two years from the date of grant of certificate of recognition;
and shall continue thereafter till such time an application is made under
section 12 and till the recognised union is determined afresh:
Provided that where a union is granted recognition by a decision on
an appeal filed under section 17, the term of such recognised union, shall
be reckoned from the date of issue of such order.
(2) No application made by any union, shall be entertained by the
election authority during the period of two years from the date of grant of
certificate of recognition; or from the date of order of the appellate
authority, as the case may be.
19. Rights of Union - (1) Every recognised union shall have such rights
as specified in the Second Scheduled to this Act.
(2) Every union other than the recognised union shall have such
rights as specified in the Third Schedule to this Act.
20. Obligations of employers - Every employer of an establishment shall
abide by such obligation as specified in the Fourth Schedule to this Act.
21.  Interpretation of provisions - If any doubt arises as the
interpretation of any or all of the provisions specified in the Second, Third
and Fourth Schedules to this Act, the same shall be referred to the
Commissioner of Labour, whose decision thereon shall be final.
CHAPTER-III
WORKERS PARTICIPATION IN MANAGEMENT
22. Application - (1) The provisions of this chapter shall apply to every
establishment in which fifty or more workmen are employed on any day of
the proceeding twelve months.
(2) The establishment to which the provisions of this chapter apply,
shall continue to be governed by the provisions of this chapter not
withstanding that number of workmen employed therein falls below fifty.
23. Authorities -(1) The Government may, by notification appoint such
officers as they consider necessary to be the authorities for the purpose of
constituting the councils under section 24 or for the purpose of specifying
Board Level participation under section 36.
(2) The Government may, by notification appoint an appellate
authority to hear and dispose of appeals under sub-section (3).
(3) An appeal against the order of the authority under sub-section
(1) shall lie, within such time as may be prescribed, to the appellate
authority who shall within the prescribed period, pass an order; and
whose decision thereon shall be final and binding.
24. Constitution of councils -(1) It shall be lawful for the authority
appointed under sub-section (1) of section 23 to constitute in any
establishment, any or all of the following councils namely; shop council,
factory council and enterprise council to give effect to workers
participation in management at shop floor level, factory level and
establishment level respectively:
Provided that the number of shop councils in a factory shall not
exceed ten in number.
(2) The councils constituted by the authority under sub-section (1)
shall commence functioning within forty five days from the date of orders
of the authority. The employer and the union, or unions empowered under
section 26 shall nominate, under intimation to each other and to the
authority, their representatives to the membership as well as to the office
of the Chairman or Co-Chairman. Such nomination shall be made within
a period of thirty days from the date of orders of the authority.
(3) Where an employer, or union or unions fail to nominate their
representatives within the period stipulated the authority shall be
competent to nominate such persons as he deems fit to represent the
employer or the workmen in regard to membership as well as to the office
of Chairman or Co-Chairman.
25. Membership of the Councils - (1) The membership of the shop
council shall be five percent of the total workmen employed in the
concerned shop or twelve, whichever is less. The membership of the
factory council and enterprise council shall be ten percent of the total
workmen employed in the factory or the establishment, as the case may
be, or twenty whichever is less.
Explanation:-For the purpose of this sub-section where the calculation
by percentage does not result in even number, the membership of such
council shall be determined at the immediate next even number.
(2) The membership in every council shall be in equal proportion
between the representatives of the workmen and those of the employer.
(3) The nomination of members to the factory council by employers as
well as unions, shall be so made that every Chairman or Co-Chairman of a
shop council is a member of the factory council. Similarly, the nomination
to the enterprise council shall be so made that the Chairman or Co-
Chairman of the factory council is a member of the enterprise council.
(4) (a) The membership of the shop council shall be restricted to
workmen and, so far as the employers, representatives are concerned, the
employees, other than workmen, connected with the concerned shop floor.
(b) The representation of workmen in the factory council shall
be restricted to the workmen and not more than two office bearers of
the union who are non-workmen. The representation of employer
shall be through employees of the factory who are non-workmen.
       (c) The representation of the workmen in the enterprise council
shall be restricted to (i) workmen (ii) office bearers; not more than two
in number. The employer will be entitled to nominate not more than
two outside experts.
26. Power to nominate - (1) The management or its representative, duly
authorised in this behalf, may nominate its representatives to the
respective councils.
(2) The representatives of the workmen shall be nominated by the
recognised union:
Provided that in the establishments specified in the First Schedule,
the workmen’s representatives for the shop council and factory council
shall be nominated by the recognised union at the unit level.
(3) Where unions other than the recognised union possesses
membership of not less than twenty percent of the total number of eligible
voters, than the representatives of workmen to the shop, factory and
enterprise council shall be nominated by the recognised union as well as
such other minority union in proportion of their respective membership.
Explanation:-(i) For the purpose of sub-section (3), the strength in the
establishment shall be the basis for nomination to enterprise council.
(ii) For nomination to factory council and shop councils, the
strength in the establishment shall be the basis in respect of
establishments other than those specified in the First
Schedule. In respect of establishments specified in the First
Schedule, the strength at the industrial unit level shall be
the basis for nomination to factory councils and shop
councils.
27. Term of members of Councils - (1) The term of office of the members
of the shop council, factory council and enterprise council shall be for a
period of two years from the date of constitution of such council:
Provided that the members of the council shall continue to hold
the office till a new council is reconstituted.
(2) A member of the council nominated to fill up a casual vacancy
shall hold office for the remaining period of the term of office.
(3) A member whose term of office is completed is eligible for
renomination.
28. Resignation of membership to the Councils -A member of the
council after giving a notice of fifteen days to the Chairman, may resign
his membership which shall take effect from the date of acceptance of the
resignation or on the expiry of thirty days from the date of giving such
notice.
29. Cessation of membership of Councils -If a member of a council fails
to attend three consecutive meetings of the council, he shall cease to be a
member of such council. However, the council may, on the request made
in writing by such member, by resolution restore his membership.
30. Nomination and term of Chairman and Co-Chairman -
(1) There shall be a Chairman and a Co-Chairman to each council.
The Chairman and Co-Chairman shall be from among the representatives
of the workmen and the management. They shall hold such offices for a
period of six months and at the end of such period the Chairman and the
Co-Chairman shall exchange their respective offices.
(2) The employer, or his representative, duly authorised in this
behalf, may nominate the employers representative to the post of
Chairman or Co-Chairman. The recognised union shall have right to
nominate its representative to the post of Chairman or Co-Chairman.
Explanation:-In respect of establishments specified in the First Schedule,
the recognised union means the recognised union at the established level
for enterprise councils and the recognised union atthe unit level for
factory council and shop council.
(3) The workers, representative will be the first Chairman of each
council.
(4) The nomination, either by the employer or the recognised union
to the post of Chairman, or Co-Chairman shall not be altered for period of
not less than one year.
31. Powers and functions of the Chairman -(1) The Chairman shall
preside over the meetings of the council and shall cause the minutes of
such meetings to be recorded in such manner as may be prescribed. He
shall keep the records relating to the proceedings of the meetings in his
custody. He shall furnish a copy of the proceeding recorded at each
meeting to the Chairman of the factory council or enterprise council or to
the Chief, Executive or Managing Director, as the case may be, within the
prescribed period.
(2) In the absence of the Chairman for a period not exceeding one
week, the Co-Chairman shall preside over meetings, if any, and shall
cause the minutes to be recorded. If the absence of Chairman exceeds one
week, the Co-Chairman shall discharge all the functions of the Chairman.
32. Resignation of Chairman and Co-Chairman –
The Chairman or the Co-Chairman may tender his resignation by a
letter addressed to the Co-Chairman or the Chairman as the case may be.
Such resignation shall be considered in the council and the council may,
by a resolution recorded for the purpose accept such resignation. The
resignation tendered shall take effect from the date of such resolution or
on expiry of thirty days from the date of tendering resignation, whichever
is earlier.
33. Filling up of casual vacancy in the office of Chairman or Co-
Chairman –
During the casual vacancy in the office of Chairman or the Co-
Chairman, it shall be filled by nomination of another person, who shall
hold office for the residual period of the term at his predecessor.
34. Meetings of the Councils -(1) The Chairman shall hold the meetings
of the council as frequency as he thinks necessary, so however, that
atleast one meeting shall be held in every calendar month.
(2) The Chairman shall fix the date, time and place of every
meeting and shall send notice in writing along with the list of business to
be transacted at the meeting to each member atleast three days before the
date fixed for such meeting.
(3) No business shall be transacted at any meeting of the council
unless one-third of the total number of members are present and also
unless atleast one member each representing the workmen and the
employer is present.
(4) The matters for shop councils, factory councils and enterprise
councils shall be as provided under the Fifth Schedule to this Act.
(5) The decisions shall be taken by majority of members present
and voting. In the event of equality of votes, the Chairman shall have a
casting vote. The decision so taken shall be recorded as resolutions of the
council.
(6) The proceedings of each meeting shall be confirmed in the next
meeting with or without modifications, as may be considered necessary.
 (7) The management shall provide necessary facilities for holding
the meetings of the council and shall treat the time spent by the members
of the council in such meetings as on duty.
35.  Resolutions of enterprise Councils -The resolutions of the
enterprise council shall be placed before the Board of Directors by the
Secretary or the Chief Executive of the Board. The Board of Directors shall
discuss the same at its next meeting and take appropriate decisions.
36. Participation at Board Level -(1) The authority appointed under
sub-section (1) section 23 is competent to specify, by an order in writing,
the establishments wherein workers participation shall be introduced at
the level of the Board of Directors. For this purpose, the authority shall
determine the number of workmen Directors, which shall not be less than
twenty-five percent of strength of the Board of Directors.
(2) The representation of workmen in the Board shall be through
direct election from among the eligible voters of the establishment. The
workmen and the office-bearers of the unions operating in that
establishment shall be eligible to contest elections.
(3) The election specified under sub-section (2) shall be conducted
by the election authority. The election shall be by secret ballot and in such
manner as may be prescribed.
(4) An appeal against the result of elections conducted under sub-
section (3) shall lie, within such time as may be prescribed, to the Chief
Election Authority or such other officer as he may, by general or special
order, specify and whose decision thereon shall be final and binding.
CHAPTER - IV
PROTECTION OF WORKERS’ INTERESTS IN CLOSED
ESTABLISHMENTS
37. Application - (1) The provision of this chapter shall apply to every
establishment in which hundred or more workmen are employed on any
day of the preceding twelve months:
Provided that the Government may, after giving not less than one
months’ notice of its intention so to do, by notification, apply the
provisions of this chapter to any establishment, employing such number
of workmen, less than hundred, as may be specified in the notification.
(2) An establishment to which the provisions of this chapter apply,
shall continue to be governed by the provisions of this chapter
notwithstanding that the number of persons employed therein falls below
the number specified under sub-section (1).
38. Fund - The Government shall, with effect from such date as may be
notified, constitute a fund called the “Industrial Workers’ Contingency
Fund”.
39. Contribution to the Fund - Every workmen of an establishment shall
contribute every year to the fund such sum, as the Government may
prescribe, which shall not be less than one percent of the minimum wages
in force for the General Engineering Industry. Every employer shall, in
respect of each such workman, contribute a sum equivalent to two times
the workman’s contribution to the fund. It shall be the duty of the
employer to remit in such manner, as may be prescribed, the employers
contribution together with the contribution of the workmen to such
authority as the Government may notify in this behalf.
[
40. Deduction - Notwithstanding anything contained in any other law for
the time being in force, the employer shall be entitled to deduct the
Workman’s contribution from his wages in such manner, as may be
prescribed and such deduction shall be deemed to be a deduction
authorised by or under the Payment of Wages Act 1936 (Central Act 4 of
1936).
41. Recovery -Any sum payable to the Fund under this Act, shall,
without prejudice to any other mode of recovery be recoverable as arrears
of land revenue under the Andhra Pradesh Revenue Recovery Act, 1864
(Act II of 1864).
42. Constitution of the State Board -(1) The Government shall, by
notification, constitute a Board for the whole of the State to be called the
Andhra Pradesh Industrial Workers’ Contingency Fund Board, for the
purpose of administering the fund and to carry out such other functions,
as are assigned to the Board by, or under this Act.
(2) The Board shall be a body corporate by the name of the Andhra
Pradesh Industrial Workers’ Contingency Fund Board having perpetual
succession and a common seal, with power to acquire, hold and dispose of
property, both movable and immovable, and shall, by the said name, sue
and be sued.
43.  Members of the Board and term - (1) The Board shall consist of
such of members as may be prescribed from each of the following
categories, namely:-
(a) representatives of employers and employees in equal proportion,
to be nominated by the Government.
(b) independent members, to be nominated by the Government as
follows:-
(i) Minister for Labour:- Chairman;
(ii) Commissioner of Labour:-Ex-Officio;
(iii)  The Secretary to
Government, Finance and
Planning  (Finance Wing)
        Department:-
Ex-Officio;
(iv) the Secretary to Government,
Industries Department:-
Ex-Officio;
(2) An officer of the Labour Department, not below the rank of a
Deputy Commissioner of Labour shall discharge the functions of Secretary
to the Board.
(3) Save as otherwise expressly provided in this Act, the term of
office of the members of the Board shall be, as may be prescribed in this
behalf.
44. Allowance -The allowance if any, payable to the non-official members
of the Board and the conditions of nomination of the representations of
the employers and employees shall be such as may be prescribed.
45. Disqualification and removal -(1) No person shall be nominated or
continued to be a member of the Board who-
(a) is an official, drawing salary from the Board;
(b) is or has been adjudged at any time insolvent or has suspended
payment of his debts or has compounded with his creditors;
(c) is found to be of unsound mind;
(d) is or has been convicted by a criminal court for an offence
involving moral turpitude, unless such condition has been set
aside; or
(e) is in arrears of any sum due to the Board.
(2) The Government may remove from office any member who,-
(a) is or has become subject to any of the disqualifications
mentioned in sub-section (1); or
(b) is absent without leave of the Board for more than three
consecutive meetings, of the Board:
Provided that before taking action under this sub-section,
the member concerned shall be given an opportunity to make a
representation against the action proposed.
46. Resignation - (1) A member may resign his office by giving notice of
his intention thereof in writing to the Government; and on the acceptance
of his resignation, he shall be deemed to have vacated his office as such
member.
(2) A casual vacancy in the office of a member shall be filled by
nomination of another person from the concerned category and the
member so nominated shall hold office for the residue period of the term of
the office of his predecessor.
(3) No act or proceeding of the Board shall be invalid merely on the
ground of the existence of any vacancy, or any defect in the constitution or
the Board.
47. Grants and loans - Government may, from time to time, make grants
and advance loans to the Board to the extent of the Fund available for the
purposes of this Act, on such terms and conditions as the Government
may, in each case, determine.
48. Vesting of Fund - Subject to the provisions of this Act, the Fund shall
vest in and be held and applied by the Board as trustees for the purposes
of this Act.
49. Application of Fund - Without prejudice to the generality of the
provisions of section 48, the Fund shall be utilised by the Board, which
may,-
(a) grant to the affected workmen such sums as the Board may
decide; and such sums shall not be less than the minimum wages
in force for the General Engineering Industry;
(b) contribute towards the share capital for the formation of an
Industrial Workers Co-operative Society;
(c) grant such other financial assistance to the Industrial Workers
Co-operative Societies; or
(d) take such measures as the Board may consider necessary for
promoting the welfare of affected workmen.
50. Borrowings - Subject to the provisions of this Act, the Board may
from time to time, with the previous sanction of the Government, and
subject to such conditions as may be specified by the Government in this
behalf, borrow sums required for the purpose of this Act.
51. Directions by the Government - The Government may from time to
time, give to the Board such directions as in their opinion are necessary or
expedient for incurring the expenditure from the Fund or for carrying out
the purposes of this Act and it shall be the duty of the Board to comply
without fail all such directions.
52. Assistance to affected workmen - (1) Government may, by
notification, appoint such officers as they deem fit to maintain the list of
affected workman.
(2) It shall be lawful for the Government to direct the Employment
Exchange to sponsor the names of affected to workmen on priority basis.
(3) The Government may notify such other schemes as they
consider necessary for providing assistance to the affected workmen.
53. Audit of accounts - (1) The accounts of the Board shall be audited by
such persons as may be appointed by the Government and any
expenditure incurred in connection with such audit shall be payable by
the Board to the Government.
(2) The person so appointed and any other person so authorised by
him in connection with such audit of accounts of the Board shall have the
right to demand the production of books, accounts, connected vouchers
and other documents and papers of the Board.
(3)The accounts of the Board certified by the person so appointed
or any other person authorised in this behalf together with the audit
report thereon shall be forwarded annually to the Government.
CHAPTER - V
MISCELLANEOUS
54. Act not to apply to certain classes of employers -Nothing in this
Act shall apply to,-
(a) the Indian Red Cross Society, or to any other such institutions
of a like nature;
(b) Universities and other Educational Institutions;
(c) Religious and Charitable Institutions; and
(d) such other industrial establishments as the Government may
by notification specify for purposes of all or any of the provision of
this Act.
55. Appointment of inspectors -The Government may by notification,
appoint such persons as they think fit to be Inspector’s for the purpose of
this Act and may specify the limit within which they shall exercise
jurisdiction.
56. Duties of Inspectors -An Inspector appointed under section 55 for
the purpose of ascertaining whether any of the provisions of this Act have
been violated, may-
(a) require an employer or union to furnish such information as he
may consider necessary;
(b) at any reasonable time and with such assistance as he may
consider necessary, enter the place of any industrial establishment
a unit, or any premises connected therewith and require any
person found to be in charge thereof to produce, before him for
examination of any accounts, books registers and other documents
relating to the employment of workmen or the payment of wages in
such establishment;
(c) examine the employer, his agent, or servant or any other person
found incharge of the industry or any premises connected
therewith, or any person whom the Inspector has reason to believe
to be or to have been a workmen in such establishment in
discharging his duties.
(d) make copies of, or take extracts from, any book, register or
other document maintained in relation to such establishments;
and
(e) exercise such other powers as may be prescribed in this behalf.
57. Furnishing of records etc -Any person required to produce any
book, register, or other document or to give information by an inspector
under section 56 shall comply with such requirement.
58. Maintenance of records -Every employer shall prepare and maintain
such registers, records and other documents in such form and in such
manner as may be prescribed.
59. Power to amend Schedules -The State Government may, if it is of
the opinion that it is expedient or necessary in public interest, so to do by
notification in the Official Gazette, add to or alter or amend the Schedule
and on any such notification being issued, the Schedule shall be deemed
to have been amended accordingly.
60. Provisions not to override other laws -Save as otherwise expressly
provided in this Act, the provisions of this Act shall be in addition to and
not, in derogation of any other law for the time being in force relating to
any establishment.
61. Bar of Jurisdiction-No order passed or proceedings taken under the
provisions of this Act shall be called in question in any Court, in any suit,
or application; and no injunction shall be granted by any Court in respect
of any action taken or about to be taken in pursuance of any power
conferred by or under this Act.
62. Officers to be Public Servants -All officers acting under this Act
shall be deemed to be public servants within the meaning of section 21 of
the Indian Penal Code (Central Act 45 of 1860).
63. Protection of Action taken in good faith -No suit, prosecution or
other legal proceeding shall lie against any person for anything which is in
good faith done or intended to be done in pursuance of this Act or any rule
made thereunder.
64.Penalties - Whoever contravenes any of the provisions of this Act shall
be punishable with a fine of five hundred rupees or more which may
extend to five thousand rupees or with imprisonment for a term which
may extend to six months, or with both.
65. Cognizance of offences -No court shall take cognizance of any
offence punishable under this Act, save on a complaint made by or under
the authority of the Government.
66. Trial of offences -No Court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the First Class shall try any offence
punishable under this Act.
67.Power to remove difficulties -If any difficulty arises in giving effect
to the provisions of this Act, the Government may by notification in the
Andhra Pradesh Gazette, do anything not inconsistent with such
provisions which appears to them to be expedient or necessary for the
purpose of removing the difficulty.
68. Power to review the implementation of the provisions - The
Government may, from time to time, review the implementation of the
provisions of this Act, in such manner, as they deem fit, and for this
purpose they may constitute a Committee consisting of such persons as
they consider necessary.
69. Power to make rules -(1) The Government may make rules for
carrying out the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is
made be laid before the Legislative Assembly of the State, if it is in session
and if it is not in session, in the session immediately following for a total
period of fourteen days which may be comprised in one session or in two
successive sessions, and if before the expiration of the session in which it
is so laid or the session immediately following, the Legislative Assembly
agrees in making any modification in the rule or in the annulment of the
rule, the rule shall from the date on which the modification or annulment
is notified, have effect only in such modified form or shall stand annulled,
as the case may be, so however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done
under that rule.
FIRST SCHEDULE
(See section 3)
NAME OF THE INDUSTRIAL ESTABLISHMENT
1.  ANDHRA PRADESH  STATE ROAD TRANSPORT CORPORATION.
2.  ANDHRA PRADESH STATE ELECTRICITY BOARD.
3. MEDICAL & HEALTH DEPA

Excerpt shown. Open the full act in Lexace.

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