Definitions

In this Act, unless the context otherwise requires,— (a) “domestic purpose” means,— (i) shifting, including the transportation of furniture, personal effects and other household articles for domestic use; or (ii) work in connection with the shifting of the articles of a dwelling house of a person including work connected with religious or social or public functions; or (iii) cutting, removal, shifting and transportation of trees and wood for personal use; or (iv) construction, repairing and maintenance of house including the shifting and transportation of construction materials, equipments, machinery for personal use; or (v) dismantling, demolition and shifting of old building materials or equipments other than those covered by the non-domestic purpose and including its transportation; or (vi) shifting and transportation of animals for personal use; or (vii) shifting and transportation of materials including agricultural produce, raw materials, agricultural inputs and equipment or agricultural machinery relating to agricultural operations; Explanation:—For the purpose of this sub-clause,“agricultural operation” does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (Central Act 69 of 1951); (viii) such other work or activity or process which the Government may, by notification in the official Gazette, specify to be domestic purpose; (b) “employer” means any person who engages or employs a worker for wages or otherwise to do any loading and unloading work connected with or relating to or ancillary to the purposes included in this Act and includes any other person who has ultimate control over the affairs; (c) “Government” means the Government of Kerala; (d) “loading and unloading work” means loading and unloading or carrying on head or person or in a trolley any article or goods in or from or to a vehicle or any place and includes any other work carried out for the transportation or movement of such article or goods from one place to another; (e) “mischief” means “mischief” as defined in section 425 of the Indian Penal Code, 1860; (f) “non domestic purpose” means, (i) industrial, agricultural or commercial purpose; or other than those covered by domestic purposes; (ii) construction, maintenance and dismantling of all types of buildings other than those covered by domestic purposes, dams, bridges, tunnels, sub-ways and roads including all infrastructural projects; or (iii) shifting and transportation of construction materials, equipments or machinery; or (iv) cutting, removal, shifting and transportation of trees and wood for industrial and commercial purposes; or (v) shifting, including the transportation of any goods or articles which are used or intended to be used for industrial, agricultural or commercial purposes; or (vi) installation, erection and dismantling of any electrical, electronic, electromagnetic or other sophisticated machinery of any nature and includes the laying or removal of pipes or cables; or (vii) installation, erection and dismantling of office equipments including the shifting and transportation of stationery and furniture items; or (viii) shifting and transportation of any animals for industrial or commercial purposes; or (ix) shifting and transportation of any materials which are mechanically loaded or unloaded with equipments or machinery like cranes, tippers or earth removers; or (x) such other work or activity or process which the Government may, by notification in the Official Gazette specify to be non-domestic purpose; (g) “notified wages” means all remuneration payable in cash or in kind which the Government may fix under section 8; (h) “prescribed” means prescribed by rules made under this Act; (i) “Trade Union” means the trade unions registered under the Trade Union Act, 1926 (Central Act 16 of 1926); (j) “unlawful practices” means any of the practices set out in the Schedule to this Act. (k) “worker” means any person either engaged directly or otherwise offering his services for the purpose of doing any loading and unloading work in connection with or relating to any of the domestic or non-domestic purposes under this Act including a member of Trade Union, but does not include the worker or employee covered by the Factories Act,1948 or the Plantations Labour Act, 1951 or the Kerala Shops and Commercial Establishments Act, 1960.