Inthis Act, unless there is anything repugnant in the subject or context,--
1 (a)'' adolescent'' means a person who has completed his fourteenth year of age buthas not completed his eighteenth year;
(aa)''adult'' means a person who has completed his eighteenth year of age; ]
(b)''appropriate Government'' means--
(i) in relation to any scheduled employmentcarried on y or under the authority of the 2 [Central Government or arailway administration], or in relation to a mine, oilfield or major port, orany corporation established by 3 [aCentral Act,] the Central Government, and
(ii) in relation to any other scheduledemployment, the 4 [StateGovernment;]
5 [(bb)''child'' means a person who has not completed his fourteenth year of age;]
(c)''competent authority'' means the authority appointed by the appropriateGovernment by notification in its Official Gazette to ascertain from time totime the cost of living index number applicable to the employees employed in thescheduled employments specified in such notification.
(d)''cost of living index number'' , in relation to employees in any scheduledemployment in respect of which minimum rates of wages have been fixed, means theindex number ascertained and declared by the competent authority by notificationin the Official Gazette to be the cost of living index number applicable toemployees in such employment.
(e)''employer'' means any person who employs, whether directly or through anotherperson, or whether on behalf of himself or any other person, one or moreemployees in any scheduled employment in respect of which minimum rates of wageshave been fixed under this Act, and includes, except in sub-section (3)of section 26,--
(i) in a factory where there is carried on anyscheduled employment in respect of which minimum rates of wages have been fixedunder this Act, any person named under 6 [clause (f) of sub-section7of the Factories Act, 1948 (63 of 1948)].as manager of the factory;
(ii)in any scheduled employment under the control of any Government in India inrespect of which minimum rates of wages have been fixed under this Act, theperson or authority appointed by such Government for the supervision and controlof employees or where no person or authority is so appointed, the head of thedepartment;
(iii)in any scheduled employment under any local authority in respect of whichminimum rates of wages have been fixed under this Act, the person appointed bysuch authority for the supervision and control of employees or where no personis so appointed, the chief executive officer of the local authority;
(iv)in any other case where there is carried on any scheduled employment in respectof which minimum rates of wages have been fixed under this Act, any personresponsible to the owner for the supervision and control of the employees or forthe payment of wages;
(f)''prescribed'' means prescribed by rules made under this Act;
(g)''Scheduled employment'' means an employment specified in the Schedule, or anyprocess or branch of work forming part of such employment;
(h) ''wages'' means all remuneration, capableof being expressed in terms of money which would, if the terms of the contractof employment, express or implied, were fulfilled, be payable to a personemployed in respect of his employment or of work done in such employment 7 [and includes house rentallowance], but does not include--
(i)the value of
(a) anyhouse accommodation, supply of light, water, medical attendance, or
(b) anyother amenity or any service excluded by general or special order of theappropriate Government;
(ii)any contribution paid by the employer to any Pension Fund or Provident Fund orunder any Scheme of social insurance;
(iii)any travelling allowance or the value of any travelling concession ;
(iv)any sum paid to the person employed to defray special expenses entailed on himby the nature of his employment; or
(v)any gratuity payable on discharge;
(i) ''employee'' means any person who is employed for hire or reward to do any work,skilled or unskilled, manual or clerical, in scheduled employment in respect ofwhich minimum rates of wages have been fixed; and includes an out-workerto whom any articles or materials are given out by another person to be made up,cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwiseprocessed for sale for the purposes of the trade or business of that otherperson where the process is to be carried out either in the home of the out-workeror in some other premises not being premises under the control and management ofthat other person; and also includes an employee declared to be an employee bythe appropriate Government; but does not include any member of the Armed Forcesof the 8 [union].
STATEAMENDMENTS
Madhya Pradesh--(1)In clause (e) of section 2,for the words,brackets and figures "and includes,except in sub-section (3) of section 26", substitute the words,brackets and figures "andincludes a person deemed to be employer under section 22CCand further includes, except insub-section (3) of section 26" [Vide M.P. Act 11 of 1959,sec. 2 (w.e.f.1-6-1959)and M.P. Act 23 of 1961,see. 21 (b) (w.e.f.23-6-1961)]
(2) Clause(i)of section 2 shall be re-numbered asclause (ee) and to that clause following Explanation shall be added:--
"Explanation.--Anemployee who has been dismissed, discharged or retrenched from employmentor whose employment has been otherwise terminated shall, in respect of allclaims arising out of payment of lessthan the minimum rates of wages or in respect ofthe paymentof remuneration for days of rest or for work done on such days under clauses(b), (c) of sub-section (1) ofsection 13 or wages at the overtimerate under section 14 duringthe period of his employment, bedeemed to be an employee for the purpose of this Act." [Vide M.P.Act 23 of 1961, sec. 2 (w.e.f. 23-6-1961)].
Maharashtra--Inclause (i) of section 2, for the words "andmanagement of that other person", substitute thewords "and management of that otherperson: and includes for the purposesof sections 20, 21,22A, 22B,22C and 22Dany person who has been an employee andwho has ceased to be so by reason of superannuation, retirement, dismissal,removal, discharge, termination ofhis service, or otherwise howsoever." [Vide Maharashtra Act 3 of 1963.sec. 2 (w.e.f.14-1-1963)]
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1. Substituted by Act 61 of 1986, section 23, for clause(a) w.e.f. 23-12-1986.
2. Substituted by Act 30 of 1957, section 2, for"Central Government, by a railway administration" w.e.f. 17-9-1957.
3 . Substituted by the A.O. 1950, for "an Act of thecentral Legislature".
4. Substituted by A.O. 1950, for "ProvincialGovernment".
5. Inserted by Act 61 of 1986, section 23 w.e.f.23-12-1986.
6. Substituted by Act 26 of 1954, section 2 for "Clause(e) of sub- section (1) of section 9 of the Factories Act, 1934 25 of 1934"w.e.f. 1954.
7. Inserted by Act 30 of 1957, section 2 w.e.f. 17-9-1957.
8. Substitutedby the A.O. 1950, for "Crown".