Amendment status not verified — confirm the current text below against the official source.
Definitions-In this Act, unless the context otherwise requires,. (a) 'Board' means the Keralà Labour Wetfae Fund Board established under section 4 ; I Ii K (b) 'Commissioner" means the dabour Welfare Fund Commissioner appointed under section 22; I I "Contribution" means the sum of money payable to the Board in accordance with the provisions of section IS; "employee" means- (i) any person who is employed for hire or reward to do any work skilled or unskilled, manual, supervisory, c leridal or technical, in an establishment W["for an aggregate period of not less (han thirty days during the preceding twelve months'] whether the terms of employment bb express or implied, but does not include any .1 capacity: (B) QJ[******] or exercise either by the nature or the duties attached to the office or by reason of the powers vested in him, functions mairly of a managerial nature ; or (C) who is employed as an apprentice or on part-time basis. Explana/ion.-An apprentice means a person who according to the certified standing orders applicable to the establishinent, is an apprentice or who is declared to be an apprentice by the authority specifiel in this behalf by the Government ; and (ii) any other person employed in any establishmeht, whom the Government may, by notification in the Gazette, declare to be an employee for the purposes of this Act. person- (A) who is employed mainly in 41- Exp/analion.-if any question aries Jhether a person is an employee for the purposes of this Act or not, the question shall be referred to the Government or an officer authorised by the Government in this behalf, whose decision thereon shall be final (c) 'employer" means a person, who employs either directly or through another person, either on behalf of himself or any other personJ one or more employee or employees in an establishment and includes- in a factoiy, any person named under clause (fl of sub-section (1) of section 7 of the Factories Act, 194$ (Central Act 63 of 1948), as the manager in any establishment, any person responsible to the owner for the supervision and control of the employees or for the payment of wages ; (f) "establishment" includes- I a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (Central Act 63 of 1948) or any place which is deemed to be a factOry under sub-section (2) of section 85 of that Act ; I a motor transport undertaking as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961 (Central Act:27 of 1961); [43[(iii) any land used for growing tea rubber, coffee, caidamom, oil palm or cocoa, in which ten or more persons are employed or were employed in any day of the preceding twelve month s; ''] ; I I 4' , any commercial establishmbiu v'ithin the meaning of clause (4) W[or any shop within the meaning of clause (I 5)} oftsetion 2 of the Kerala shops and commercial Establishments Act, 1960 (34 of 1960). yhièh employs, or dn any working day during the preeeeding twelve months employed[J[two] or more persors: [2J[Provided that any such cObm rcial establishment shall continue to be an establishment for the purposes of this Aàt notwithstanding Ôat there was a reduction in the number of persons to less than five at ally subsequent tim: Provided funher that where for aFeontimnLIous period of not less than six months the number of persons employed theein has been less than five such commercial establishment shall cease to be an establishment for the purposes of this Act with effect from the beginning of the month following the expiry of the said period of six months, but the employer shall, within one nbnth frbm the date of uch cessation, intimate by registered post the fact thereof to such authority as the Govemment may specif3' in this behalf;] \ I an establishment, including a ocidi' registered undei l the Societies Registration Act, 1860 (Central Act 21 of 1860)or th&Travancorc-Cochin Literary, Scientific and Charitable Societies Registration Act, l955l1(1l of 1955), which carries on any business or trade or any work in connection thcewith or ancillary thereo and which employs, or on any working day during the precc&linghwelve months ernloycd, more than twenty persons, but does not include an cstabRshmbiit: (not being a fadiory) of the Central or any State Government any other establishment which th: Government ma, by notification in the Gazette, declare to be an establishment fpr tlid purposes of this Act; - (g) 'Fund" means the Labour Welfare Fund constituted undei section 3 (Ii) "Inspector" means an Inspector akpoii)tcd under section 24 (i) "prescribed" means prescribed made under this AIC M 4 4 4 4' (J) 'State means the State of Kerala (k) "unpaid accumulation" means all payments other than gratuity due to an employee but not paid to him within a period of three years from the date on which the payments became due, whether before or after the commencement of this Act, and the gratuity accrued to an employee after the eoniniencement of this Act but not paid within the period of three years from the date of sAeh accrual, but does not include the amount of contribution, if any, paid by an empidyer to a provident hind established under the employees Provident Funds Act, 1952 (Central Act 19 of 1952) or any other provident hind established by the Government "wages" means wages as defined' in clause (vi) of section 2 of the Payment of wages Act, 1936 (Central Act 4 of 1936).1