Section 2 in Karnataka Shops and Commercial Establishments Act, 1961
2. Definitions.
- In this Act, unless the context otherwise requires, -(a)"adult" means a person who has completed his eighteenth year;(b)"apprentice" means a person aged not less than [fourteen years] [Substituted by Act 25 of 1997 w.e.f. 12.2.1998 by notification. Text of notification is at the end of the Act.] , who is employed whether on payment of wages or not for the purpose of being trained in any trade, craft or employment in any establishment;(ba)[ 'banking company' means, - [Sub clause (i) to (vi) inserted by act 33 of 1982 w.e.f. 4.12.1982 by notification. Text of notification is at the end of the Act.](i)the Reserve Bank of India;(ii)the Banking Company as defined under the Banking Regulations, Act, 1949;(iii)the State Bank of India constituted under the State Bank of India Act, 1955;(iv)a Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;(v)a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;(vi)a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980.](c)"child" means a person who has not completed his [fourteenth year] [Substituted by Act 25 of 1997 w.e.f. 12.2.1998.];(d)"closed" means not open for the service of any customer or for any business connected with the establishment;(e)"commercial establishment" means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house, a cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such establishments as the State Government may by notification declare to be a commercial establishment for the purposes of this Act;(f)"day" means a period of twenty-four hours beginning at midnight:Provided that in the case of an employee whose hours of work extend beyond midnight, "day" means a period of twenty-four hours beginning from the time when such employment commences irrespective of midnight;(g)"employee" means a person wholly or principally employed in or in connection with, any establishment whether working on permanent, periodical, contract or piece-rate wages, or on commission basis, even though he receives no reward for his labour and includes an apprentice, any clerical or other member of the staff of a factory or industrial establishment who falls outside the scope of the Factories Act, 1948, but does not include a member of the employer's family; and "employed" shall be construed accordingly;(h)"employer" means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes members of the family of an employer, a manager, agent or other person acting in the general management or control of an establishment;(i)"establishment" means a shop or a commercial establishment;(j)"family" in relation to an employer means the husband or wife, son, daughter, father, mother, brother or sister of such employer who lives with and is dependent on him;(k)"Inspector" means an Inspector appointed under section 26 and includes the Chief Inspector and an Assistant Inspector;(l)"leave" means leave provided for in Chapter IV of this Act;(m)"night" means a period of at least twelve consecutive hours which shall include the interval between 8 P.M. and 6 A.M.;(n)"notification" means a notification published in the official Gazette;(o)"opened" means opened for the service of any customer or for any business, connected with the establishment;(p)"period of work" means the time during which an employee is at the disposal of the employer;(q)"prescribed" means prescribed by rules made under this Act;(r)[ x x x] [Omitted by Act 36 of 1966 w.e.f. 25.4.1969 by notification.](s)"register of establishments" means a register maintained for the registration of establishments under this Act;(t)"registration certificate" means a certificate showing the registration of an establishment;(u)"shop" means any premises where any trade or business is carried on or where services are rendered to customers, and includes offices, storerooms, godowns, or warehouses, whether in the same premises or otherwise, used in connection with such trade or business, but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the Factories Act, 1948;(v)"spread over" means the period between the commencement and the termination of the work of an employee on any day;(w)"wages" shall have the meaning assigned to it in the Payment of Wages Act, 1936 (Central Act IV of 1936);(x)"week" means a period of seven days beginning at midnight of Saturday or such other night as may be approved in writing for a particular area by the prescribed authority;(y)"year" means the year commencing on the first day of January;(z)"young person" means a person who is not a child and who has not completed his eighteenth year.
