section 2
Definitions .
The Kerala Beedi and Cigar Industrial Premises (Regulation of Conditions of Work) Act, 1961In this Act, unless the context otherwise requires, — a) “adult” means a person who has completed his eighteenth year of age; b) “beedi and cigar industrial premises” means any place or premises, including the precincts thereof, in any part of which any manufacturing process connected with the production of beedies or cigar, or both is being carried on with or without the aid of power; c) “beedi and cigar industry” means any industry relating to the manufacture of beedies or cigars or both; d) “child” means a person who has not completed his fourteenth year of age; e) “closed” means not open for carrying out any of the processes connected with the manufacture of beedi or cigar; f) “competent authority” means any officer authorized by the Government by notification, to perform the functions of the competent authority under this Act for such area as may be specified in the notification; g) “day” means the period of twenty four hours beginning at mid-night; h) “employee” means a person employed directly or through any agency, whether for wages or not, in any beedi and cigar industry, to do any work, skilled, unskilled, manual or clerical, and includes any person who is employed in such industry and declared by the Government by notification to be an employee for the purposes of this Act. i) “employer” means the person who has the ultimate control over the affairs of any beedi and cigar industrial premises or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any beedi and cigar industrial premises and includes — (i) a proprietor or a registered user of a trade mark registered under the Trade and Merchandise Marks Act,1958 (Central Act, 43 of 1958), in relation to beedi or cigar; and (ii) any other person to whom the affairs of any beedi and cigar industrial premises are entrusted (whether such other person is called a managing agent, manager, superintendent or by any other name); j) “Inspector” means the Inspector appointed under sub-section (1) of section 28; k) “manufacturing process” means any process for, on incidental to, making, finishing, packing, labelling or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal as beedies or cigars or both; l) “notification” means a notification published in the Gazette; m) “opened” means opened for carrying out any of the processes connected with the manufacture of beedi or cigar; n) “period of work” means the time during which an employee is at the disposal of the employer; o) “prescribed” means prescribed by rules made under this Act; p) “wages” means all remuneration (whether by way of salaries, 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 done in such employment, and includes — (i) any remuneration payable under any award or settlement between the parties or order of a court; (ii) any remuneration to which the person employed is entitled in respect of over-time work or holidays or any leave period; (iii) any additional remuneration payable under the term of employment (whether called a bonus or by any other name); (iv) any sum which by reason of the termination of employment or the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without dductions, but does provide for the time within which the payment is to be made; (v) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force; but does not include — (1) 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 order of a court; (2) 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 Government; (3) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (4) any traveling allowance or the value of any traveling concession; (5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or (6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (iv); (q) “week” means a period of seven days beginning at midnight of Saturday; (r) “young person” means a person who has completed his fourteenth year but has not completed his eighteenth year of age.
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