Definitions

In this Act, unless the context otherwise requires.- (a) "Appellate Authority" means the Secretary of the Labour Department; (b) "State Government" means the Government of Sikkim; (c) "Domestic worker" means those who work in household, and includes domestic servants, domestic helpers, maid, governess, etc; (d) "Employer" means a person by whom a worker or labourer is employed and includes Service Provider or Sub-Service Provider or owners of Shops and Establishments; (e) "Establishment" means any place where any industry, trade, business, manufacture or maintenance and construction works or occupation is carried on; (f) "Financial Year" means the year commencing on the 1st day of April; (g) "individual worker or labour" means a worker or labourer who earns his or her livelihood independently opting any work or menial job requiring execution of the work through physical capabilities and strength but does not require academic qualification and such work is otherwise not regulated by any other law, rule or regulation in so far as competence to do such work is concerned; (h) "Inspector" means an Inspector appointed under this Act; (i) "Magistrate" means Judicial Magistrate and includes Chief Judicial Magistrate; (j) "notification" means a notification published in the Official Gazette; (k) "porters" mean all the porters who are working in bazars, godowns, in establishments, etc.; (l) "prescribed" means prescribed by rules made under this Act; (m) "Principal Employer" means: (i) in relation to a factory, the owner or occupier of the factory and where a person has been named as the Manager of the factory; (ii) in relation to any other establishment, any person responsible for the supervision and control of the establishments; (n) "Service Provider" means in relation to an establishment, means a person who undertakes (whether as an independent agent, employee or otherwise) to produce a given result for the establishment, other than mere supply of goods or articles of manufacture to such establishment, by the engagement of labourer to the establishment, and includes a Sub-Service Provider, agent or any other person, by whatever name called, who recruits and provides labour; (o) "record" means the records maintained in the form of books or registers or stored in a computer or in such form as may be specified; (p) "Registering Officer" means an Officer appointed under Section 3 of the Act; (q) "Schedule" means the Schedule appended to the Act; (r) "Scheduled employment" means any employment in the organized or unorganized Sector as specified in the Scheduled; (s) "Superior Officers" means Assistant Labour Commissioner, Deputy Labour Commissioner, Joint Labour Commissioner, Additional Labour Commissioner, Special Labour Commissioner and Labour Commissioner; (t) "Wage" means all remuneration capable of being expressed in terms of money, which would, if the terms of the contract 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; (u) "Worker or labourer" means a person engaged in the Scheduled Employment who has completed the age of 14 years and above and any person employed in or in connection with the work of any establishment to do any unskilled, semi-skilled, skilled, highly skilled, supervisory work and includes individual worker or labour as defined in clause (g) of Section 2 but does not include any such person who is employed mainly in a managerial or administrative capacity.