Section 2 in The M.P. Shram Kalyan Nidhi Adhiniyam, 1982
2. Definitions.
- In this Act, unless the context otherwise requires,-(1)"Board" means the Madhya Pradesh Labour Welfare Board constituted under Section 4;(2)"Contribution" means the sum of money payable to the Board in accordance with the provisions of Section 9;(3)"Employee" means any person who is employed for hire on reward to do any skilled, semi-skilled or un-skilled, manual, clerical, supervisory, or technical work in an establishment but docs not include any person :-(a)who is employed mainly in a managerial or administrative capacity; or(b)who, being employed in a supervisory 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 nature;(4)"Employer" means any person who employs either directly or through another person either on behalf of himself or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes :-(i)in relation to a factory any person named under clause (f) of sub-section (1) of Section 7 of the Factories Act, 1948 (No. 63 of 1948);(ii)in relation to any establishment carried on by or under the authority of the State Government the person or authority appointed by the State Government for supervision and Control of employees, or where no person or authority has been so appointed, the Head of the Department;(iii)in any other case, the person, who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person, whether called a Manager, Managing Director or by any other name, such person;(5)"Establishment" means :-(i)a factory; or(ii)any establishment which carries on any business or trade or any work in connection with or ancillary thereto,which employs or has employed on any working day during the preceding twelve months more than such number of persons as may be specified by the State Government by notification, but does not include :-(a)an establishment (not being a factory) of the State Government; and(b)an establishment owned by, or carried on under the authority of, the Central Government for which the Central Government is the appropriate Government under clause (a) of Section 2 of the Industrial Disputes Act, 1947 (XIV of 1947), for purposes of industrial disputes;(6)"factory" means a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (No. LXIII of 1948);(7)"Fund" means the Madhya Pradesh Labour Welfare Fund constituted under Section 3;(8)"Independent member" means ;-(i)a member of the Board not connected with the management of any establishment or who is not an employee; and(ii)an officer of the State Government nominated as member;(9)"Industrial Court" means the Court constituted under Section 9 of the Madhya Pradesh Industrial Relations Act, 1970 (No. 27 of 1960);(10)"Inspector" means an Inspector appointed under Section 16;(11)"Unpaid accumulations" means all payments due to an employee from an employer but not made to him within a period of three years from the date on which they became due whether before or after the commencement of this Act, including the wages, house rent allowance and gratuity legally payable but not including the amount of contribution, if any, payable by an employer to a provident fund established under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (No. 19 of 1952);(12)"Wages" means wages as defined in clause (vi) of Section 2 of the Payment of Wages Act, 1936 (No. 4 of 1936);(13)"Welfare Commissioner" means, the Welfare Commissioner appointed under Section 15.
