Bare ActsKerala Industrial Employees' Payment of Gratuity Act, 1970

Section 2

Definitions

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

In this Act, unless the context otherwise requires-- (a) "completed year of service" means uninterrupted service for one year and includes service which may be interrupted by sickness, accident, leave, strike, lock-out or cessation of work not due to employee's fault; (b)"continuous service" means uninterrupted service and includes service which may be interrupted by sickness, accident, leave, strike, lock-out or cessation of work not due to employee's fault; (c) "controlling authority" means the authority appointed by the Government under section 3; (d) "employee" means any person employed in any factory, plantation, establishment or undertaking to do any skilled or unskilled, manual or clerical or supervisory work for hire or reward but does not include any such person- (i) whose monthly wages exceed rupees seven hundred and fifty; or (ii) who is subject to the Army Act, 1950, or the Air Force Act, 1950, or the Navy Act, 1957 or the Toddy Workers' Welfare Fund Act, 1969 (Kerala Act 22 of 1969); or (iii) who is employed in the police service or as an officer or other employee of a prison; (e) "employer" means- (i) in relation to any factory, plantation, establishment or undertaking which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed, the head of the Department; (ii) in relation to any factory, plantation, establishment or undertaking under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; (iii) in any other case, the person, who or the authority which has the ultimate control over the affairs of the factory, plantation, establishment or undertaking and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, superintendent or by any other name, such person; (f) "family" means- (i) in the case of a male employee, the wife, children whether married or unmarried, dependant parents of the employee and the widow and children of a deceased son of the employee; (ii) in the case of a female employee, the husband and children of the employee, dependant parents of the employee or of the husband and the widow and children of a deceased son of the employee; Provided that if a female employee by notice in writing to the controlling authority expresses her desire to exclude her husband from the family, the husband and his dependant parents shall no longer be deemed to be part of the employee's family for the purposes of this Act unless the employee subsequently cancels in writing any such notice; Explanation.-- In either of the above two cases, if the child of an employee has been adopted by another person and if under the personal law of the adopter, adoption is legally recognized, such child shall be considered as excluded from the family of the employee; (g) "prescribed" means prescribed by the Government by rules made under this Act; (h) "retirement" means termination of the services of an employee for any cause, but does not include superannuation; (i) "superannuation" means termination of the services of an employee by the employer when the employee reaches the age of sixty years or such other age, if any, fixed in the contract of service; (j) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment expressed or implied, were fulfilled, be payable to an employee in respect of his employment, or of work done in such employment and includes- (i) such allowances (including dearness allowance) as the employee is for the time being entitled to; (ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food grains or other articles; (iii) any travelling concession; but does not include bonus, commission, overtime wages and night allowance.

Section 2 – Kerala Industrial Employees' Payment of Gratuity Act, 1970 | DailyLaw.ai