Bare ActsThe Bombay Labour Welfare Fund Act, 1953 as extended to Union Territory of Delhi

Section 2

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

Iii this Act, unless the context othervvise requires— (1) "Administrator" means the Administrator of the Union territory of Delhi appointed by the President under article 239 of the Constitution; , (1A) "Board" means for Delhi Labour Welfare Board constituted under section 4; (1AA) "contribuiii ii means the sum of money pay-; - able to the Board :n accordance with the provisions o.l section 6BB; (2) "employee' means any person who is em- ployed for hire or reward to do any work, skilled or unskilled, manual, clerical, supervisory, or technical in an establishment but does not include any person— (a) who is employed' mainly in a Managerial capacity, or ,' (b) 'who, being employed in a supervisory capacity draw as wages exceeding one thousand and six..'hundred rupees per mensem or exercises, 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; (3) "employer" means any person who em- ploys 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 (l)(f) of the Factories Act, 1948 (LXIII of 1948) as the manager; (ii) in any establishment, any person res- ponsible to the owner for the super- vision and control of the employees ox for the payment of wages; (4) "establishment" means— (i) a factory; v . (ii) a tramway or motor omnibus service or a motor transport undertaking to which the Motojt Transport Workers Act, 1961 applies; and (hi) any establishment within the meaning of the Delhi Shops and Establishments Act, 1954, which employs, or on any working day during the preceding twelve months, employed five or more persons : Provided that,* any such establishment shall conti- nue to be an establishment for the purposes of this Act, notwithstanding a reduction In the number of persons to less than five at any subsequent time : 1296 GI/86—2 . Provided further that, where for a continuous period of: not less than three months the number of persons employed therein has been less than five, such •establishment shall cease to be an establishment for the purposes of this Act with effect from the begin- ning 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 Administrator may specifyjn this behalf : Explanation.-^For the removal of doubt, it is hereby declared that where an establishment has diffe- rent 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; (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 employ- ed or working, arid— "*" (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 ba a factory under section 85 of the said Act; (6) "Fund" means the Labour Welfare Fund constituted under section 3; ... (7) "uxiependent 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; (9) "Prescribed" means prescribed by rules made under this Act; (10) "unpaid accumulation" means all pay- ments 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 commence- , ment of this Act including the wages, and gratuity legally payable but not including the amount of contribution, if any, paid by an employer to a provident fund established under the Employees' Provi- dent Funds Act, 3952 (XIV of 1952); (11) "wages" means wages as defined in section 2(vi) of the.Payment of Wages Act* 1936 (4 of 1936) and includes bonus payment under the Payment of Bonus Act, 1965 (21 of 1965);/ (12) "Welfare Commissioner" means the Wei- . fare Commissioner appointed under sec- tion 11.

Section 2 – The Bombay Labour Welfare Fund Act, 1953 as extended to Union Territory of Delhi | DailyLaw.ai