Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 2] [Entire Act]

State of Tamilnadu - Subsection

Section 2(5) in The Tamil Nadu Building and Construction Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1984

(5)any establishment or any mine or oil-field.Explanation I. - For the purposes of the clause, where an establishment consists of different departments or has branches whether situate in the same place or in different places all such departments or branches shall be treated as parts of the same establishment.Explanation II. - For the purposes of the clause, where an establishment referred to in items (i) to (v) above carries on any work of building construction or work of engineering construction not directly but through any contractor, then, such establishment shall be deemed to be an establishment and the provisions of this Act shall apply to such establishment and to such contractor and to such work of building construction or work of engineering construction carried on by such contractor on behalf of such establishment,
(i)"Government" means the State Government;
(j)"hazardous work" means any work which involves risk and which is specified in tire- Schedule and includes any other work Which the Government may by notification, specify in this behalf, to be included in such Schedule;
(k)"owner" means the person or body having ultimate control over the establishment or the person or body to whom such powers have been delegated;
(l)"power" means electrical energy or any other form of energy which is generated by using mechanical appliances or machinery and is not generated by human or animal agency.
(m)"principal employer" means-
(i)in relation to any office or department of the Government or a local authority, the head of that office or department or such other officer as the Government or the local authority, as the case may be, may specify in this behalf;
(ii)in relation to a factory, the owner or occupier of the factor}' and which a person has been named as the manager of the factory under the factories Act, 1948 (Central Act LXIII of 1948) the person so named.;
(iii)in relation to any other establishment, any person responsible for the supervision and control of the establishment;
(n)"work" means a work of building construction or a work of engineering construction;
(o)"worker" means any person (including an apprentice) employed in any work to do any skilled, semi-skilled or unskilled, manual, supervisory, technical, or clerical work for hire or reward whether the terms of employment be express or implied, but does not include any such person.
(i)who is employed mainly in a managerial capacity; or
(ii)who being employed in a supervisor capacity draws 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 and administrative nature, but includes a worker employed as "contract labour" in any work when he is employed by or through a contractor, with or without the knowledge of the principal employer for executing any kind of work in that work;
(p)"work of building construction" means the construction, structural alteration, repair or maintenance or demolition of a building or the preparation for and the laying of the foundation of an intended building and includes the construction of furnace, chimney, well or any ancillary structure but does not include-
(i)a work of engineering construction; or
(ii)any work of building construction carried on otherwise than through a contractor in any mine covered by the Mines Act 1952 (Central Act 35 of 1952); or
(iii)any work of building construction carried on otherwise than through a contractor in any oil-field;
(q)"work of engineering construction" means the construction of any railway line or siding otherwise than upon an existing railway, the construction, structural alteration or repair, maintenance and laying of foundation or demolition of any tramway dock, harbour, canal, dams and ancillary works including river valley projects, tanks and water courses, inland navigation, dam, tunnel, bridge, viaduct water works, reservoir pipeline, aqueduct sewer, sewage works, river works, private air fields, sea defence works, gas works and any steel or reinforced concrete structure other than a building, or any other civil or constructional engineering work of a nature similar to any of the foregoing work or operation connected with the installation of machinery, but does not include-
(i)any work of engineering construction carried on otherwise than through a contractor in any mine covered by the Mines Act, 1952 (Central Act 35 of 1952); or
(ii)any work of engineering construction carried on otherwise than through a contractor in any oil-field; or
(iii)any work connected with erection or installation of machinery in a factory as defined in the Factories Act, 1948 (Central Act LXIII of 1948).