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Definitions.

§2

Summary

In this Act, unless the context otherwise requires- (1) "Board" means 1[the Maharashtra Labour Welfare Board] constituted under section 4; 2[(1A) "contribution" means the sum of money payable to the Board in accordance with the provisions of section 6BB;] 3[(2) "Employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual, clerical, supervisory or technical in an establishment directly by the employer or through contractor or any other agency, but does not include any person- (i) who is employed mainly in a managerial capacity, (ii) who, being employed in a supervisory capacity, draws wages exceeding three thousand and five hundred rupees per mensem, or exercises powers or carries out, 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, or (iii) who is employed as an apprentice under the Apprentice Act, l961 (52 of 1961);] (3) "Employer" means any person who employs either directly or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes- (i) in a factory, any person named under section 7(i) (f) of the Factories Act, 1948 (LXIII of 1948) as the manager ; (ii) in any establishment, any person responsible to the owner for the supervision and control of the employees or for the payment of wages ; (4) "Establishment" means - (i) a factory ; (ii) a tramway or 4[motor omnibus service or a motor transport undertaking to which the Motor Transport Workers Act, 1961 (XXVII of 1961), applies ; and 5[(iii) any establishment within the meaning of the Bombay Shops and Establishments Act, 1948 (Bom. LXXIX of 1948), which employs, or on any working day during the preceding twelve months, employed 6[five] or more persons 7[including the establishments which have been granted exemption partly or wholly under the proviso to section 4 of that Act] : Provided that, any such establishment shall continue to be an establishment for the purposes of this Act, notwithstanding a reduction in the number of persons to less than 8[five] at any subsequent time : Provided further that, where for a continuous period of not less than three months, the number of persons employed therein has been less than 9[five] such establishments shall cease to be an establishment for the purposes of this Act with effect from the beginning of the month following the expiry of the said period of three months, but the employer shall within one month from the date of such cessation, intimate by registered post the fact thereof to such authority as the State Government may specify in this behalf ] ; 10[Explanation.- For the removal of doubt, it is hereby declared that where an establishment has different branches or departments, all such branches or departments, whether situated in the same premises or different premises, shall be treated as parts of the same establishment ;] 11[(5) "Factory" means a factory as defined in section 2(m) of the Factories Act, 1948 (LXIII of 1948), and includes any place wherein five or more persons are employed or working, and- (i) where in any manufacturing process is being carried on with the aid of power or is ordinarily so carried on ; (ii) which is deemed to be a factory under section 85 of the said Act ; ] (6) "Fund" means the 12[Labour Welfare Fund] constituted under section 3 ; (7) "Independent member" means a member of the Board who is not connected with the management of any establishment or who is not an employee, and includes an officer of Government nominated as a member ; (8) "Inspector" means an Inspector appointed under section 12 ; 13******* (9) "prescribed" means prescribed by rules made under this Act ; (10) "Unpaid accumulation" means all payments due to the employees but not made 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 wages, and gratuity legally payable 14[but not including the amount of contribution if any, paid by an employer to a provident fund established under the Employees Provident Funds Act, 1952 (XIX of 1952)] ; 15[(11) "wages" means wages as defined in section 2 (vi) of the Payment of Wages Act, 1936 (4 of 1936), and includes bonus payable under the Payment of Bonus Act, 1965 (21 of 1965)] ; (12) "Welfare Commissioner" means the Welfare Commissioner appointed under section 11.

In this Act, unless the context otherwise requires- (1) "Board" means 1[the Maharashtra Labour Welfare Board] constituted under section 4; 2[(1A) "contribution" means the sum of money payable to the Board in accordance with the provisions of section 6BB;] 3[(2) "Employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual, clerical, supervisory or technical in an establishment directly by the employer or through contractor or any other agency, but does not include any person- (i) who is employed mainly in a managerial capacity, (ii) who, being employed in a supervisory capacity, draws wages exceeding three thousand and five hundred rupees per mensem, or exercises powers or carries out, 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, or (iii) who is employed as an apprentice under the Apprentice Act, l961 (52 of 1961);] (3) "Employer" means any person who employs either directly or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes- (i) in a factory, any person named under section 7(i) (f) of the Factories Act, 1948 (LXIII of 1948) as the manager ; (ii) in any establishment, any person responsible to the owner for the supervision and control of the employees or for the payment of wages ; (4) "Establishment" means - (i) a factory ; (ii) a tramway or 4[motor omnibus service or a motor transport undertaking to which the Motor Transport Workers Act, 1961 (XXVII of 1961), applies ; and 5[(iii) any establishment within the meaning of the Bombay Shops and Establishments Act, 1948 (Bom. LXXIX of 1948), which employs, or on any working day during the preceding twelve months, employed 6[five] or more persons 7[including the establishments which have been granted exemption partly or wholly under the proviso to section 4 of that Act] : Provided that, any such establishment shall continue to be an establishment for the purposes of this Act, notwithstanding a reduction in the number of persons to less than 8[five] at any subsequent time : Provided further that, where for a continuous period of not less than three months, the number of persons employed therein has been less than 9[five] such establishments shall cease to be an establishment for the purposes of this Act with effect from the beginning of the month following the expiry of the said period of three months, but the employer shall within one month from the date of such cessation, intimate by registered post the fact thereof to such authority as the State Government may specify in this behalf ] ; 10[Explanation.- For the removal of doubt, it is hereby declared that where an establishment has different branches or departments, all such branches or departments, whether situated in the same premises or different premises, shall be treated as parts of the same establishment ;] 11[(5) "Factory" means a factory as defined in section 2(m) of the Factories Act, 1948 (LXIII of 1948), and includes any place wherein five or more persons are employed or working, and- (i) where in any manufacturing process is being carried on with the aid of power or is ordinarily so carried on ; (ii) which is deemed to be a factory under section 85 of the said Act ; ] (6) "Fund" means the 12[Labour Welfare Fund] constituted under section 3 ; (7) "Independent member" means a member of the Board who is not connected with the management of any establishment or who is not an employee, and includes an officer of Government nominated as a member ; (8) "Inspector" means an Inspector appointed under section 12 ; 13******* (9) "prescribed" means prescribed by rules made under this Act ; (10) "Unpaid accumulation" means all payments due to the employees but not made 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 wages, and gratuity legally payable 14[but not including the amount of contribution if any, paid by an employer to a provident fund established under the Employees Provident Funds Act, 1952 (XIX of 1952)] ; 15[(11) "wages" means wages as defined in section 2 (vi) of the Payment of Wages Act, 1936 (4 of 1936), and includes bonus payable under the Payment of Bonus Act, 1965 (21 of 1965)] ; (12) "Welfare Commissioner" means the Welfare Commissioner appointed under section 11.

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