Section 2 in The Maharashtra Shops and Establishments Act, 1948
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-(1)"Apprentice" means a person 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;(2)[ "Child" means a person who has not completed his fifteenth year of age; but does not include a person who has, before the date of commencement of the Bombay Shops and Establishments (Amendment) Act, 1977 (Maharashtra LXIV of 1977), completed his twelfth year of age even though he has not completed his fifteenth year of age, if he is on the day immediately preceding the said date an employee in any establishment to which this Act applies;] [Substituted by Maharashtra 64 of 1977, Section 2(a).](3)[ "Closed" means not open for the service of any customer or for any business, of the establishment, or for work, by or with the help of any employee, of or connected with the establishment;] [Substituted by Maharashtra 26 of 1961, Section 4(a).](4)"Commercial establishment" means an establishment which carries on, any business, trade or profession or any work in connection with, or incidental. or ancillary to, any business, trade or profession [and includes an establishment of any legal practitioner, medical practitioner, architect, engineer, accountant, tax consultant or any other technical or professional consultant and also includes] [Substituted For the words 'and includes' by Maharashtra 64 of 1977, Section 2(b).] a society registered under the Societies Registration Act, 1860 (XXI of 1860), and a charitable or other trust, whether registered or not, which carries on [whether for purposes of gain or not,] [Inserted by Bombay 28 of 1952, Section 2(i).] any business, trade or profession or work in connection with or incidental or ancillary thereto but does not include a factory, shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;(5)"Day" means the 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 the period of twenty-four hours beginning when such employment commences irrespective of midnight;(6)[ "Employee" means a person - wholly or principally employed, whether directly or through any agency, and whether for wages or other consideration, in or in connection with any establishment; and includes an apprentice, but does not include a member of the employer's family;] [Substituted by Maharashtra 26 of 1961, Section 4(b).](7)"Employer" means a person owning or having ultimate control over the affairs of an establishment;(8)"Establishment" means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place of public amusement or entertainment to which this Act applies and includes such other establishment as the [State] [This word was Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1951] Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;(9)"Factory" means any premises which is a factory within the meaning of [clause (m) of section 2 of the Factories Act, 1948, (LXIII of 1948) or which is deemed to be a factory under section 85 of the said Act] [Substituted by Bombay 17 of 1949, Section 2.];(10)"Goods" includes all materials, commodities and articles;(11)"Holiday" means a day on which an establishment shall remain closed or on which an employee shall be given a holiday under the provisions of this Act;(12)"Inspector" means an Inspector appointed under section 48;(13)"Leave" means leave provided for in Chapter VII of this Act;(14)"Local area" means any area or combination of areas to which this Act applies;(15)[ "Local authority" means a body specified in Schedule I-A and includes any other body which the State Government may, by notification in the Official Gazette, declare to be a local authority for the purposes of this Act;] [Substituted by Maharashtra 26 of 1961, Section 4(c).](16)"Manager" means a person declared to be a manager under section 7;(17)"Member of the family of an employer" means the husband, wife, son, daughter, father; mother, brother or sister of an employer who lives with and is dependent on such employer;(18)[ "Opened" means opened for the service of any customer, or for any business of the establishment, or for work, by or with the help of any employee of or connected with the establishment;] [Substituted by Maharashtra 26 of 1961, Section 4(d).](19)"Period of work" means the time during which an employee is at the disposal of the employer;(20)"Prescribed" means prescribed by rules made under this Act;(21)"Prescribed authority" means the authority prescribed under the rules made under this Act;(22)"Register of establishment" means a register maintained for the registration of establishments under this Act;(23)"Registration certificate" means a certificate showing the registration of an establishment;(24)"Residential hotel" means any premises used for the reception of guests and travellers desirous of dwelling or sleeping therein and includes [residential club] [Substituted for the word 'club' by Bombay 9 of 1951, Section 3, Second Schedule.];(25)"Restaurant or eating house" means any premises in which is carried on wholly or principally the business of the supply of meal or refreshments to the public or a class of the public for consumption on the premises;(26)"Schedule" means a Schedule appended to this Act;(27)"Shop" means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store-room, godown, warehouse or work place, whether in the same premises or otherwise, [mainly used] [Substituted for the word 'used' by Bombay 28 of 1952, Section 2(3).] in connection with such trade or business but does not include a factory, a commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;(28)"Spread over" means the period between the commencement and the termination of the work of an employee on any day;(29)"Theatre" includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for dramatic performances or for any other public amusement or entertainment;(30)"Wages" means wages as defined in the Payment of Wages Act, 1936 (IV of 1936);(31)"Week" means the period of seven days beginning at midnight of Saturday;(32)[ "Year" means a year commencing on the first day of January;] [Substituted by Maharashtra 26 of 1961, Section 4(e).](33)"Young person" means a person who is not a child and has not completed his seventeenth year.
