Section 2 in The U.P. Dookan Aur Vanijya Adhisthan Adhiniyam, 1962
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context-(1)'apprentice' means a person, not being a person below the age of 12 years, employed for purposes of training, with or without wages, by an employer in any trade or calling;(1a)[ 'Chief Inspector' means the Chief Inspector appointed under Section 29, and includes a Deputy Chief Inspector or Inspector appointed under that section;] [Inserted by U.P. Act No. 54 of 1976. UPLA-(VI)-28](2)'child' means a person who has not completed his fourteenth year;(3)'close' means not open within the meaning of clause (13);(4)'commercial establishment' means any premises, not being the premises of a factory, or a shop, wherein any trade, business, manufacture, or any work in connection with, or incidental or ancillary thereto, is carried on for profit and includes a premises wherein, journalistic or printing work, business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, or which is used as theatre, cinema, for any other public amusement or entertainment or where the clerical and other establishment of a factory, to whom the provisions of the Factories Act, 1948, do not apply, work;(5)'day' means the period of 24 hours beginning at midnight:Provided that in the case of an employee, whose hours of work extend beyond midnight, day means the period of 24 hours beginning from the hour of commencement of his duty;(6)'employee' means a person wholly or mainly employed on wages by an employer in, or in connection with any trade, business or manufacture carried on in a shop or commercial establishment and includes-(a)caretaker, mali or a member of the watch and ward staff;(b)any clerical or other staff of a factory or industrial establishment, which is not covered by the provisions of the Factories Act, 1948; and(c)any apprentice or a contractor or piece-rate worker;(7)'employer' means a person who owns, or who holds charge of, or has ultimate control over the trade or business or manufacture carried on in a shop or commercial establishment, as the case may. be, and includes the manager, agent or any other person acting on behalf of the employer in the management or control of such trade, business or manufacture;(8)'factory' shall have the meaning assigned to it in the Factories Act, 1948, so however as not to include the premises where the clerical or other establishment of a factory, to whom the provisions of that Act do not apply, work;(9)'family' in relation to an employer means the husband or wife, as the case may be, son, daughter, mother, brother or sister of such employer, who lives with and is wholly dependent on him;(10)'inspector' means an Inspector, Deputy Chief Inspector or the Chief Inspector, appointed under Section 20 of this Act;(11)'leave' means the period of absence from duty with wages to which an employee is entitled under Chapter III of this Act;(12)'night' means such period of twelve consecutive hours, so however as always to include the interval between 10 p.m. and 6 a.m., as may be prescribed;(13)'open' in relation to a shop or commercial establishment means open for the service of any customer, or for the business, trade or manufacture, normally carried on in the shop or commercial establishment;(13A)[ 'owner' in relation to a shop or commercial establishment, includes a person who runs or is incharge of such shop or commercial establishment;] [Inserted by U.P. Act No. 54 of 1976.](14)'prescribed' means prescribed by the rules made under this Act;(15)'retail trade business' means the business of sale of goods in small quantities and the rendering of services to customers, and includes the business of a barber or hair-dresser, the sales of cooked food, refreshments or intoxicating liquors and retail sale by auction;(16)'shop' means any premises where any wholesale or retail trade or business is carried on, or where services are rendered to customers, and includes, all offices, godown or warehouses whether in the same premises, or not, which are used in connection with such trade or business;(17)'State' means the State of Uttar Pradesh;(18)'wages' means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money, or capable of being so expressed, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee, and includes-(a)any bonus;(b)any sum payable to the employee by reason of the termination of his employment; and(c)any additional remuneration payable under the terms of his employment;(19)'week' means a period between the midnight on Saturday, and the midnight on the following Saturday; and(20)'young person' means a person who is not a child and has not completed his seventeenth year.
