Definitions

In this Act, unless there is anything repugnant in the subject or context – (1) “Apprentice” means a person, aged not less than twelve years, who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft or employment in any establishment; (1A) “child” means a person who has not completed the age of fourteen years; (2) “closed” means not open for the service of any customer to any business connected with the establishment; (3) “day” means a period of twenty-four hours beginning at midnight: Provided that, in the case of an employee whose hours of work begins before and extend beyond midnight, day means a period of twenty-four hours beginning at the hour his work commences; (4) “employee” means a person wholly or partially employed whether directly or otherwise for hire, wages including salary, reward, or commission payable on permanent, periodical, contract, piece rate or other consideration in and in connection with any establishment and includes ‘apprentice’ but does not include member of the employer’s family. It also includes person employed in a factory who are not worker within the meaning of the Factories Act, 1948 ( 63 of 1948), and for the purpose of proceeding under this Act, include an employee, who has been dismissed, discharged or retrenched for any reason whatsoever; (5) “employer” means a person who owns or exercise ultimate control over the affairs of an establishment and includes a manager, agent or any other person in the immediate charge of the general management or control of such establishment; (6) “establishment” means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to any business, trade or profession and includes — (i) administrative or clerical service appertaining to such establishment; (ii) a shop, restaurant, residential hotel, eating house, theatre or any place of public amusement or entertainment; and a society Registered under Societies Registration Act, 1860 (xxi of 1860) charitable or other trust, whether registered or not which carries on any business, trade or profession or work in connection with or incidental or ancillary there to, journalistic establishments, contractors or auditors establishments, educational or other institutions run for private gain and premises in which business of banking, insurance, stocks and shares brokerage or produce exchange is carried on. (iii) such other establishment as the State Government may, by notification, declare to be an establishment to which the Act applies; but does not include a ‘motor transport undertaking’ as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961 (27 of 1961); (7) “family” in relation to an employer means the husband or wife, child or children, father or mother, brother or sister, brother’s son, sister’s son, daughter’s son and son’s son of such employer living with him and dependent on him; (8) “holiday” means a day on which an establishment shall remain closed or on which an employee shall be given a holiday under the provisions of this Act; (9) “Inspecting officer” means an Inspecting Officer appointed under sub-section (1) of section 29 and includes the Chief Inspecting Officer, Additional Inspecting Officer and ex-officio Inspecting Officer appointed under or referred to in that section; (10) “Leave” means leave provided for in Chapter IV of this Act; (10A) “Opened” means opened for the service of any customer or for any business connected with the establishment; (10B) “Period of work” means the time during which an employee is at the disposal of the employer; (11) “Prescribed” means prescribed by rules made under this Act; (12) “Residential hotel” means any premises used for the reception of guests travellers desirous of dwelling or sleeping therein and includes a club; (13) “Restaurant” or “eating house” means any premises in which is carried on wholly or principally the business of the supply of meal or refreshments to the public or a class of the public for consumption on the premises; (14) “Retail trade, or business” includes the business of a hawker, hairdresser, the sale of cooked food, refreshments or intoxicating liquors and retail sale by auction; (15) “Schedule” means the Schedule appended to this Act; (16) “Shop” means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers and includes an office, store-room, godown, warehouse and work place, whether in the same premises or elsewhere, used in connection with such sales or services, but does not include a restaurant, a residential hotel, eating house, theatre or other place of public amusement or entertainment; (17) “Spread over” means the period between the commencement and the termination of an employee on any day; (18) “Theatre” includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for dramatic performance, or any other public amusement or entertainment; (19) “Wage period” in relation to the payment of wages of any employee, means a wage period fixed by an employer under section 20 in respect of such employee; (20) “Wages” means wages as defined in the Payment of Wages Act, 1936 (IV of 1936) and includes the dearness allowance as the workman is for the time being entitled to; (21) “Week” means a period of seven days beginning at midnight of Saturday; (21A) “Year” means a year commencing on the first day of January, and (22) “Young person” means a person who is not a child and has not completed the age of eighteen years.