Definitions

In this Act, unless the context otherwise requires,- (a) "Chief Facilitator" means the Chief Facilitator appointed under sub-section (1) of Section 17; (b) "Day" means a period of twenty-four hours beginning at midnight; (c) "Employer" means an owner or a person who has ultimate control over the affairs of a shop or an establishment, and includes,- (i) in the case of a firm or association of individuals, a partner or member of the firm or association; (ii) in the case of a company, a director of the company; (iii) in the case of a shop or an establishment owned or controlled by the Central Government or the State Government or Local Authority, the person or persons appointed to manage the affairs of such shop or establishment by the Central Government or the State Government or Local Authority, as the case may be; (d) "Establishment" means any premises, not being the premises of a factory or a shop,- (i) wherein any trade, business, manufacture, or any work in connection with, or incidental or ancillary thereto, or any journalistic or printing work or business of banking, insurance, stocks and shares, brokerage or produce exchange, is carried on; or (ii) which is used as theater, cinema or for any other public amusement or entertainment, to whom the provisions of the Factories Act, 1948 (No. 63 of 1948) does not apply; (e) "Notification" means a notification published in the Official Gazette; (f) "Prescribed" means prescribed by rules made under this Act; (g) "Shop" means any premises where goods are sold, either by retail or wholesale or where services are rencered to customers and includes an office, a store-room, go-down, warehouse or workhouse or work place for distribution or packing or repacking of finished goods is carried on.but does not include a shop attached to a factory where persons employed in such shop are allowed the benefits provided under the Factories Act, 1948 (No. 63 of 1948); (h) "Wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work fone in such employment, and includes,- (i) any remuneration payable under any award or settlement between the parties or under any order of a court or tribunal; (ii) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period; (iii) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name); (iv) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions; (v) any sum to which the person employed is entitled under any scheme framed under any law, for the time being in force; and (vi) house rent allowance, but does not include,- (A) any bonus, which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or under any order of a court; (B) the value of any accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government; (C) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (D) any travelling allowance or the value of any travelling concession; (E) any sum paid to the employed person to defray special expenses entailed to him by the nature of his employment; or any gratuity payable on the termination of employment in cases other than those specified in sub-clause (iv); (i) "Week" means a period of seven days, beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Facilitator; (j) "worker" means any person (except an apprentice under the Apprentice Act, 1961 (No. 52 of 1961)) employed to do any manual, unskilled, skilled, technical, operational or clerical work for hire or reward, whether the terms of employment be express or implied.