Definitions

In this Act, unless the context otherwise requires,— (1) "Board" means the Madhya Pradesh Labour Welfare Board constituted under section 4; (2) "employer" means any person who employs either directly or through another person, or whether on behalf of himself or any other person, one or more employees in an establishment and includes the person in charge of an establishment; (3) "employee" means any person (other than an apprentice) employed in any establishment to do any skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person who is employed mainly in a managerial or administrative capacity; (a) who being employed in a supervisory capacity, draws wages exceeding Rs. 1600 per mensem; or (b) who is employed as a member of the crew of a ship or any other vessel; (4) "establishment" means— (i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (No. 63 of 1948); (ii) a motor transport undertaking as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961; (iii) a society registered or deemed to be registered under the Madhya Pradesh Societies Registrikaran Adhiniyam, 1973 (No. 44 of 1973) or a Co-operative Society registered or deemed to be registered under the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961), which carries on business or trade; (iv) any other establishment as the State Government may, by notification, declare to be an establishment for the purposes of this Act; (5) "Fund" means the Labour Welfare Fund constituted under section 3; (6) "Inspector" means an Inspector appointed under section 17; (7) "prescribed" means prescribed by rules made under this Act; (8) "unpaid accumulation" means all payments due to the employees but not paid to them within a period of three years from the date on which they became due whether before or after the commencement of this Act, including the bonus or gratuity or compensation, if any, but does not include the amount of contribution, if any, paid by an employer to a provident fund established under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952); (9) "wages" means all remuneration (whether by way of salary, 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, but does not include— (a) any bonus; (b) any contribution paid by the employer to any pension or provident fund or for the benefit of the employee under any law for the time being in force; (10) "Welfare Commissioner" means the Welfare Commissioner appointed under section 16. In this Act, unless the context otherwise requires,— (1) "Board" meanstheMadhyaPradeshLabourWelfare Board Constituted under Section 4 ; (2) "Contribution" means the sum of money payable to the Board in accordance wih the provisions of Section 9 ; (3) "Employee" means anypersonwhois employed for hire on reward to do any skilled, semi-skilled or un-skilled, manual, clerical, supervisory , or technical work in an establishment but does not include any person— (a) who is employed mainly in a managerial or administrative capacity; or (b) who, being employed in a supervisory capacity draws wages exceeding one thousand and six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office, or by reason of the powers vested in him, functions mainly of a managerial nature ; (4) "Employer" means any person who employs either directly or through another person either on behalf of himself or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes— (i) in relation to a factory any person named under clause (f) of sub-section (1) of Section 7 of the Factories Act, 1948 (No. 63 of 1948) ; (ii) in relation to any establishment carried on by or under the authority of the State Government the person or authority appointed by the State Government for supervision and control of employees, or where no person or authority has been so appointed,. the Head of the Department; (iii) in any other case, the person, who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person, whether called a manager, managing director or by any other name, such person ; (5) "Establishment" means,— (a) a factory; or (b) any establishment which carries on any business or trade or any work in connection with or ancillary thereto ; which employs or has employed on any working day during the preceding twelve months more than such number of persons as may specified by the State Government by notification, but does not include— (a) an establishment (not being a factory) of the State Government; and (b) an extablishment owned by, or cerried on under the authority of the Central Government for which the Central Governmentisthe.appiropriateGovern9ent under clause (a.)k of Section 2-of the Industrial DisPutes Act, 1947 (XIV of 1947), for purposes of industrial disputes; (6) "Factory" means a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (No. LXIII of 1948); (5) “Establishment” means,— a factory; or any establishment which carries on any business or trade or any work in connection with or ancillary thereto; Which employs or has employed on any working day during the preceding twelve months more than such number of persons as may specified by the State Government by notification, but does not include (a) an establishment (not being a factory) of the State Government; and (b) an extablishment owned by, or cerried on under the authority of the Central Government for which the Central Government is the appropriate Government under clause (a) of Section 2 of the Industrial Disputes Act, 1947 (XIV of 1947), for purposes of industrial disputes; (6) “Factory” means a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (No. LXIII of 1948); “Fund” means the Madhya Pradesh Labour Welfare Fund constituted under Section 3; “Independent member” means,— (i) a member of the Board not connected with the management of any establishment or who is not an employee, and (ii) an officer of the State Government nominated as member; “Industrial Court” means the Court constituted under Section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960); “Inspector” means an Inspector appointed under Section 16; “Unpaid accumulations” means all payments due to an employee from an employer but not made to him within a period of three years from the date on which they became due whether before or after the commencement of this Act, including the wages, house rent allowance and gratuity legally payable but not including the amount of contribution, if any payable by an employer to a provident fund established under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (No. 19 of 1952); “Wages” means wages as defined in clause (vi) of Section 2 of the Payment of Wages Act, 1936 (No. 4 of 1936); “Walfare Commissioner” means the Welfare Commissioner appointed under Section 15. In these rules, unless the context otherwise requires,— (a) "Act" means the Madhya Pradesh Shram Kalyan Nidhi, Adhiniyam, 1982 (No. 36 of 1983) : (b) "Form" means a form appended to these rules; (c) "Section" means a Section of the Act.