Definitions.

In this Act, unless the context otherwise

requires:-

1. (a) "Chief Inspector-cum-Facilitator" means the Chief Inspector-cum-Facilitator appointed as such under subsection (1) of section 23 of this Act;
2. (b) “day" means a period of twenty-four hours beginning at mid night;
3. (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 a Government of Union Territory of Jammu and Kashmir or local authority, the person or persons appointed to manage the affairs of such shop or establishment by the Central Government or the Government of Union Territory of Jammu and Kashmir or local authority, as the case may be;
4. (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, Residential Hotels, Restaurants, stocks and shares, brokerage or produce exchange, is carried on; or
   • (ii) which is used as theatre, cinema, or for any other public amusement or entertainment, to whom the provisions of the Factories Act, 1948 and Motor Transport Workers Act, 1970 does not apply;
5. (e) “Government” means Government of the Union Territory of Jammu and Kashmir;
6. (f) “notification” means a notification published in the Official Gazette;
7. (g) “prescribed” means prescribed by rules made under this Act;
8. (h) “shop" means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store-room, go-down, warehouse or workhouse or work place for distribution or packaging or repackaging or 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;
   • (i) “wages" means wages as defined in the Payment of Wages Act, 1936 (4 of 1936);
9. (j) “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 Inspector cum Facilitator;
10. (k) “worker" means any person (except an apprentice under the Apprentice Act, 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.