Bare ActsThe EMPLOYEES’ STATE INSURANCE ACT, 1948

Section 5

Subs

Amendment status not verified — confirm the current text below against the official source.

Subs. by Act 53 of 1951, s. 3, for “1934” (w.e.f. 6-10-1951). 9 (17) “principal employer” means— (i) in a factory, the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under 1[the Factories Act, 1948 (63 of 1948)], the person so named; (ii) in any establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf or where no authority is so appointed, the head of the department; (iii) in any other establishment, any person responsible for the supervision and control of the establishment; (18) “regulation” means a regulation made by the Corporation; (19) “Schedule” means a Schedule to this Act; 2[(19A) “seasonal factory” means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year— (a) in any process of blending, packing or repacking of tea or coffee; or (b) in such other manufacturing process as the Central Government may, by notification in the Official Gazette, specify;] (20) “sickness” means a condition which requires medical treatment and attendance and necessitates abstention from work on medical grounds; (21) “temporary disablement” means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of 3[doing the work which he was doing prior to or at the time of the injury]; (22) “wages” means all remuneration paid or payable, in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes 4[any payment to an employee in respect of any period of authorised leave, lock-out, strike which is not illegal or lay-off and] other additional remuneration, if any, 5[paid at intervals not exceeding two months], but does not include— (a) any contribution paid by the employer to any pension fund or provident fund, or under this Act; (b) any travelling allowance or the value of any travelling concession; (c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (d) any gratuity payable on discharge; 6[(23) “wage period” in relation to an employee means the period in respect of which wages are ordinarily payable to him whether in terms of the contract of employment, express or implied or otherwise;]

Section 5 – The EMPLOYEES’ STATE INSURANCE ACT, 1948 | DailyLaw.ai