Bare ActsThe Kerala Beedi and Cigar Industrial Premises (Regulation of Conditions of Work) Act , 1961( 8 of 1962)

Section 2

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Definitions —In this Act, unless the context otherwise requires,— (a) “adult? means a person who has completed his eighteenth year of age . (6) ‘ beedi and cigar industrial premises’ means any place or premises, including the precincts thereof, in any part of which any manufacturing process connected with the production of beedies or cigar, or both is bemg carted on with or without the aid of power , (c) “ beedi and cigar industry’ means any industry relating to the manufacture of beedies or cigars or both ; (¢) “child” means a person who has not completed his four- teenth year of age ; * (2) ‘closed’ means not open for carrying out any of the processes connected with the manufacture of beech or cigar , *Received the assent of the President on the 8th day of March, 1962 and published in the Gazette Extraordinary dated the 15th day of March, 1962. 64 (f) ‘competent authority” means any officer authorised by the Government by notification, to perform the functions of the com- petent authority under this Act lor such arca as may be specified in the notification, (g) ‘‘day * means the period of twenty-four hours beginning at mid-night , ‘7 (a) “ employee ” means a person employed directly or through any agency, whether for wages o1 not, in any beed: and cigar industry, todo any work, skilled, unskilled, manual or clerical, and includes any person who 1s employed in such industry and declared ly the Govern- ment by notification to be an employee for the purposes of this Act ; = (¢) “employer” means the person who has the ultimate control over the affaus of any beedi and cigar industiual premises or who has, by reason of Ins advancing money, supplying goods o1 otheiwise, a suls- stantial interest in the control of the affairs of any beedi and cigar industrial premises and includes— (2) a proprietor o1 a registered user of a trade mark registcred under the Tirade and Meichandise Marks Act, 1958 (Central Act 43 of 1958), m relation to beedi or cigar ; and (21) any othe: person to whom the affairs of any beed: and cigar industrial premises are entrusted (whether such other person is ane) managing agent, manager, supermtendent o: by any other name) ; (7) “Inspector” means the Inspector appoimted under sub- section (1) of section 28 ; (k) “‘ manufacturing process” means any process for, or inci+ dental to, making, finishing, packing, labelling or otherwise treating any article o1 substance with a view to its use, sale transport, delivery o1 disposal as beedies o1 cigars o1 both, (4) “ notification ” means a notification pubhshed in the Gazette, (m) ‘opened’ means opened for carrying out any of the pro- cesses connected with the manufacture of Iseedi on cigar ; (m) ‘* period of work ” means the time during which an employee is at the disposal of the cmployer , (0) ‘© prescribed *’ means prescribed by 1ules made under this Act; ~“(p) “* wages * means all 1emuneration (whether by way of salary, allowances 01 otherwise) expressed in terms of monev or capable of being so expressed which would. if the terms of employment, express o1 imphed, were fulfilled, be payable toa person employed in respect of his emplovmentor of work done in such employment, and mcludes ~ (1) any remuneration payable under any award or settlement between the parties or order of a cowl, (2) any remuneration to which the person employed 1s entitled in tespect of ovei-tame work o1 holidays o1 any leave period , (wt) any additional remuneration payable under the terms of employment (whether: called a bonus or by any other name) , a ee — > 65 (tv) any sum which by reason of the termination of employ- ment or the person employed 1s payable under any law, contact or instrument which provides for the payment of such sum, whether with o1 without deductions, but does provide for the time within which the payment 1s to be made , (v) 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 unde: 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 ght, water, medical attendance or othe: amenity o1 of any service excluded from the computation of wages by a general or special order of the 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 defiay special expenses entailed on him by the nature of his employment , or (6) any gratuity payable on the termination of employment im cases other than those specified in sub-clause (tz) ; (g) “ week * means a period of seven days beginning at midnight of Saturday ; (r) “* young person’? means a person who has completed his fourteenth year but has not completed his eighteenth year of age.

Section 2 – The Kerala Beedi and Cigar Industrial Premises (Regulation of Conditions of Work) Act , 1961( 8 of 1962) | DailyLaw.ai