Definitions

Definitions. In this Act, unless the context otherwise requires,—

1. (1) "Board" means a Board established under section 6;
2. (2) "contractor", in relation to an unprotected worker, means a person who undertakes to execute any scheduled employment for a principal employer through workers, or who supplies, either on his own account or as an agent for any person, either unprotected workers to work for any principal employer or workers to a principal employer and includes a sub-contractor, agent, or any other intermediary;
3. (3) "employer", in relation to an unprotected worker engaged by or through a contractor, means the principal employer and in relation to any other unprotected worker, the person who has ultimate control over the affairs of the establishment (including the place where the work is performed) and includes any other person to whom the affairs of such establishment is entrusted, whether such person is called an agent, manager or by any other name pre-vailing in the scheduled employment;
4. (4) "family", in relation to an unprotected worker, means his or her spouse and children dependent upon him or her;
5. (5) "Inspector" means an Inspector appointed under section 17;
6. (6) "principal employer", in relation to any unprotected worker engaged by or through a contractor, means the person for whom or on whose behalf or for the benefit of whom any scheduled employment is carried on or performed;
7. (7) "scheduled employment" means any employment specified in the Schedule hereto or any process or branch of work forming part of such employment;
8. (8) "scheme" means a scheme made under this Act;
9. (9) "unprotected worker" means a manual worker who is engaged or to be engaged in any scheduled employment;
10. (10) "wages" means all remuneration (whether by way of salary, allowance 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 an unprotected worker employed in respect of his employment or of work done in such employment, and includes—
    • (a) any remuneration payable under any settlement or order of any authority;
    • (b) any remuneration to which the worker is entitled in respect of overtime work or holidays or any leave period;
    • (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
    • (d) any sum which by reason of the termination of employment of the worker is payable under any law, contract or instrument which provides for the payment of retrenchment compensation, gratuity or other terminal benefit, or compensation for any loss of employment or shortened notice period of employment;
    • (e) any sum to which the worker is entitled under any scheme framed under this Act; but does not include—
      • (i) any bonus (whether under a scheme of profit sharing or otherwise) 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 any order of a court;
      • (ii) the value of any house 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;
      • (iii) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
      • (iv) any travelling allowance or the value of any travelling concession;
      • (v) any sum paid to the worker to defray special expenses entailed on him by the nature of his employment;
      • (vi) any gratuity payable otherwise than under the provisions of any law for the time being in force (or under a contract or instrument);
11. (11) "worker" means a person who is employed or is to be employed in any scheduled employment; ( Provided that nothing in this Act shall apply to any worker who is employed in any establishment or factory or mine or any other place of employment where the provisions of the Factories Act, 1948 or the Mines Act, 1952 are applicable or who is covered by the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 or the Employees' State Insurance Act, 1948).