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Definitions.

§2

Summary

In this Act, unless there is anything repugnant in the subject or context,-- 1[(i) "appropriate Government" means, in relation to railways, air transport services, mines and oilfields, the Central Government and, in relation to all other cases, the State Government;] 2[3[(ia)] "employed person" includes the legal representative of a deceased employed person; 3[(ib)] "employer" includes the legal representative of a deceased employer; 3[(ic)] "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), and includes any place to which the provisions of that Act have been applied under sub-section (1) of section 85 thereof;] (ii) 4["industrial or other establishment" means] any-- 5[(a) tramway service, or motor transport service engaged in carrying passenger or goods or both by road for hire or reward; (aa) air transport service other than such service belonging to, or exclusively employed in the military, naval or air forces of the Union or the Civil Aviation Department of the Government of India;] (b) dock, wharf or jetty; 6[(c) inland vessel, mechanically propelled;] (d) mine, quarry or oilfield; (e) plantation; (f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale; 7[(g) establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operation connected with navigation, irrigation, development or maintenance of buildings, roads, bridges or mission and distribution of electricity or any other form of power is being carried on;] 8[(h) any other establishment or class of establishment which 9 [appropriate Government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette;] 10[(iia) "mine" has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);] 11[(iii) "plantation" has the meaning assigned to it in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);] (iv) "prescribed" means prescribed by rules made under this Act; 12["(v) railway administration has the meaning assigned to it in clause (32) of section 2 of the Railways Act, 1989 (24 of 1989);] 13[(vi) "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, and includes-- (a) any remuneration payable under any award or settlement between the parties or order of a Court; (b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period; (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name); (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made; (e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force, but does not include-- (1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court; (2) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of 14[appropriate Government]; (3) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (4) any travelling allowance or the value of any travelling concession; (5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or (6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d).] STATE AMENDMENT Maharashtra.-- Amendment of section 2 of Act IV of 1936.--In section 2 of the Payment of Wages Act, 1936, in the its application to the State of Bombay (hereinafter referred to as the said Act),-- (a) after clause (ii) the following new clause shall be inserted, namely:-- "(iia) legal representative means the person who in law represents the estate of a decrease employed person; (b) for clause (iii) the following shall be substituted, namely:-- "(iii) plantation means-- (a) any estate which is maintained for the purpose of growing cinchona rubber, coffee or tea, or (b) any farm which is maintained for the purpose of growing sugarcane and attached to a factory established or maintained for the manufacture of sugar: Provide that on such, estate or farm twenty-five or more persons are engaged for the purpose;" [Vide Bombay Act XLVIII of 1955, s. 2]

In this Act, unless there is anything repugnant in the subject or context,-- 1[(i) "appropriate Government" means, in relation to railways, air transport services, mines and oilfields, the Central Government and, in relation to all other cases, the State Government;] 2[3[(ia)] "employed person" includes the legal representative of a deceased employed person; 3[(ib)] "employer" includes the legal representative of a deceased employer; 3[(ic)] "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), and includes any place to which the provisions of that Act have been applied under sub-section (1) of section 85 thereof;] (ii) 4["industrial or other establishment" means] any-- 5[(a) tramway service, or motor transport service engaged in carrying passenger or goods or both by road for hire or reward; (aa) air transport service other than such service belonging to, or exclusively employed in the military, naval or air forces of the Union or the Civil Aviation Department of the Government of India;] (b) dock, wharf or jetty; 6[(c) inland vessel, mechanically propelled;] (d) mine, quarry or oilfield; (e) plantation; (f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale; 7[(g) establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operation connected with navigation, irrigation, development or maintenance of buildings, roads, bridges or mission and distribution of electricity or any other form of power is being carried on;] 8[(h) any other establishment or class of establishment which 9 [appropriate Government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette;] 10[(iia) "mine" has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);] 11[(iii) "plantation" has the meaning assigned to it in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);] (iv) "prescribed" means prescribed by rules made under this Act; 12["(v) railway administration has the meaning assigned to it in clause (32) of section 2 of the Railways Act, 1989 (24 of 1989);] 13[(vi) "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, and includes-- (a) any remuneration payable under any award or settlement between the parties or order of a Court; (b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period; (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name); (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made; (e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force, but does not include-- (1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court; (2) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of 14[appropriate Government]; (3) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (4) any travelling allowance or the value of any travelling concession; (5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or (6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d).] STATE AMENDMENT Maharashtra.-- Amendment of section 2 of Act IV of 1936.--In section 2 of the Payment of Wages Act, 1936, in the its application to the State of Bombay (hereinafter referred to as the said Act),-- (a) after clause (ii) the following new clause shall be inserted, namely:-- "(iia) legal representative means the person who in law represents the estate of a decrease employed person; (b) for clause (iii) the following shall be substituted, namely:-- "(iii) plantation means-- (a) any estate which is maintained for the purpose of growing cinchona rubber, coffee or tea, or (b) any farm which is maintained for the purpose of growing sugarcane and attached to a factory established or maintained for the manufacture of sugar: Provide that on such, estate or farm twenty-five or more persons are engaged for the purpose;" [Vide Bombay Act XLVIII of 1955, s. 2]

Footnotes

1. Ins. by s. 4, ibid. (w.e.f. 9-11-2005).
2. Subs. by Act 53 of 1964, s. 3, for clause (i) (w.e.f. 1-2-1965).
3. Clauses (i), (ia) and (ib) renumbered as clauses (ia), (ib) and (ic) thereof by Act 41 of 2005, s. 4 (w.e.f. 9-11-2005).
4. Subs. by Act 38 of 1982, s. 4, for "industrial establishment" means" (w.e.f. 15-10-1982).
5. Subs. by Act 53 of 1964, s. 3, for sub-clause (a) (w.e.f. 1-2-1965).
6. Subs. by Act 68 of 1957, s. 3, for item (c) (w.e.f. 1-4-1958.)
7. Ins. by s. 3, ibid. (w.e.f. 1-4-1958.)
8. Ins. by Act 38 of 1982, s. 4 (w.e.f. 15-10-1982).
9. Subs. by Act 41 of 2005, s. 3, for "the Central Government or a State Government" (w.e.f. 9-11-2005).
10. Ins. by Act 53 of 1964, s. 3 (w.e.f. 1-2-1965).
11. Subs. by s. 3, ibid., for clause (iii) (w.e.f. 1-2-1965).
12. Subs. by Act 41 of 2005, s. 4, for clause (v) (w.e.f. 9-11-2005).
13. Subs. by Act 68 of 1957, s. 3, for clause (vi) (w.e.f. 1-4-1958.)
14. Subs. by Act 41 of 2005, s. 3, for "the State Government" (w.e.f. 9-11-2005).

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