Bare ActsTravancore-Cochin Public Safety Measures Act, 1950

Section 2

Definition.-

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

In this Act, unless there is anything repugnant in the subject or context:- (i) "association " means any combination or body of persons, whether the same be known by any distinctive name or not; (ii) "book " includes every volume, part or division of a volume, pamphlet, in any language and every sheet of music, map, chart or plan separately printed or lithographed; (iii) "document " includes also any painting, drawing or photograph or other visible representation; (iv) "employer " includes- (a) in relation to an industry carried on by, or under the authority of department, of the Government, the authority prescribed in this behalf, or where no authority is prescribed, the head of the department; (b) in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority; (v) "essential article " means any article specified in the First Schedule to this Act and -includes any other article which the Government may by notified order declare to be an essential article; (vi) "essential " means, in relation to a wholesale establishment, wholesale trade in essential articles, in relation to a shop, retail trade in essential articles, and in relation to a restaurant, the business of supplying meals or refreshments for consumption on the premises; (vii) "food crops " shall include crops of sugarcane and tapioca; (viii) "food stuffs " shall include edible oilseeds and oils; (ix) "industrial dispute " means any dispute or difference between employers and employees; or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person; (x) "lock-out " means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him; (xi) "news paper " means any periodical work containing public news or comments on public news; (xii) "news sheet " means any document other than a newspaper containing, public news or comments on public news or any matter described in sub-section-(l) of Section 41; (xiii) "notified order " means an order notified in the Gazette; (xiv) "papers " shall include newsprint; (xv) "press " includes a printing press and all machines, implements and plant and parts thereof and all materials used for multiplying documents; (xvi) "printing press " includes all engines; machinery, types, lithographic stones, implements, utensils and other plant or materials, used for the purpose of printing; (xvii) "prejudicial act " means any act which is intended or is likely- (a) to prejudice the relations of the [State of Kerala] with the Government of India or the relations of that Government with any foreign State; (b) to prejudice the recruiting of and attendance of persons for service in the Armed Forces of India or of any Police Force or Fire Brigade or any other body of persons entered, enrolled or engaged as public servants by Government; (c) to undermine the security of or to overthrow the Government of India or the Government of Travancore-Cochin; (d) to bring into, hatred or contempt or excite disaffection - among the members of the Armed Forces of India or any section thereof or among the members of the Indian naval or air force; (e) to promote feelings of enmity or harted between different classes of persons in the State of Travancore-Cochin; (f) to disseminate false rumour, report or information; (g) to impede, delay or restrict the means of transport or locomotion, or any work necessary for the production or the supply or distribution of any essential article; (h) to cause or produce or to instigate or incite directly, or indirectly the cessation of work by a body of persons employed in any place of employment,in which twenty or more persons are normally employed, except, in furtherance of an industrial dispute with which such body of persons is directly concerned; (i) to undermine public confidence in any loan floated by the Government or securities issued by the Government or, in any currencies which are legal tender in the [State of Kerala]; (j) to encourage or incite any person or class of persons or the public generally, to refuse or defer payment of any land revenue, tax, rate, cess, or other dues or amount payable to the Government or any local authority or payable under any law; (k) to influence the conduct or attitude of the public or of any section of the public in a manner likely to be prejudicial to the maintenance of supplies and services essential to the life of the community: (l) to instigate directly or indirectly the use of criminal force against public servants generally or any class of public servants or any individual public servant; (m) to instigate or incite directly or indirectly the commission or abetment of an offence punishable under Sections 112, 113,114,124 or 437 of Travancore Penal Code or Sections 116, 117,118,126 A or 416 of the Cochin Penal Code, as the case may be, or an offence of robbery or dacoity; (n) to instigate or incite directly or indirectly the commission or abetment of an offence against the Arms Act, the Explosives Act or the Explosives Substances, Act for the time being in force or any rules made thereunder; (o) otherwise to prejudice the public safety or interest; (xviii) "prejudicial report " means any report, statement or visible representation whether true or false, which or the publishing of which, is or is an incitement to the commission of a prejudicial act; (xix) "proprietor " of a wholesale establishment, shop or restaurant includes any person responsible for the management thereof; (xx) "restaurant " means any premises wherein is carried on, whether or not in addition to other forms of business, the business of supplying meals or refreshments to the public or a class of the public for consumption on the premises; (xxi) "schedule " means a schedule to this Act; (xxii) "shop " means any, premises wherein any retail trade is carried on in essential articles, whether or not in addition to retail trade in other articles and whether for the benefit of the public generally or of a class or classes, of persons only; (xxiii) "strike " means a cessation of work by a body of persons employed in any industry or in the performance of the functions of a local authority acting in combination, or a concerted refusal, or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment; (xxiv) "unauthorised cinematograph film " means a cinematograph film which has not been certified under or in respect of which a certificate has been suspended under, or in respect of which the Government have decided that it shall be deemed to be uncertified under the Cinematograph Act, for the time being in force: (xxv) "unauthorised newspaper " means- (a) any newspaper in respect of which there are not for the time being valid declarations under Section 3 of the Travancore Press Act, 1079 or Section 4 of the Cochin Press and Registration of Books Act, 1097, as the case may be: (b) any newspaper in respect of which security has been required under this Act, but has not been furnished as required; (xxvi) "unauthorised news-sheet " means any news-sheet other than a news-sheet published by a person authorised under section 52 to publish it; (xxvii) "undeclared press " means any press other than a press in respect of which there is for the time being a valid declaration under section 3, of the Travancore Press Act, 1079 or Section 4 of the Cochin Press and Registration of Books Act 1097, as the, case may be; (xxviii) "unlawful association " means an association:- (a) which encourages; or aids persons to commit acts of violence or intimidation or of which, the members habitually commit such acts, or (b) which has been declared to be unlawful by the Government under the powers conferred by this Act; (xxix) "wholesale establishment " means any premises wherein any wholesale trade is carried on in essential articles whether or not in addition to whole sale trade in other articles, or wherein any essential articles are kept, whether or not in addition to other articles, for wholesale trade; (xxx) "workman " means any person employed (including an apprentice) in any industry or in the performance of the functions of a local authority to do any skilled or unskilled manual or clerical work for hire or reward and includes, for the purposes of any proceedings under this Act in relation to an industrial dispute, a workman discharged during that dispute, Substituted by KALO 1956.

Section 2 – Travancore-Cochin Public Safety Measures Act, 1950 | DailyLaw.ai