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State of Kerala - Section

Section 2 in Kerala Construction Workers' Welfare Fund Act, 1989

2. Definitions.

- In this Act, unless the context otherwise requires,-
(a)"Board" means the Kerala Construction Workers' Welfare Fund Board constituted under section 16 ;
(b)"Chief Executive Officer" means the Chief Executive Officer of the Board appointed under section 19 ;
(c)"Construction Work" means any construction work carried out by the State Government or quasi-governmental agency or by a public or private undertaking or by a Society or by a private individual and includes construction of any building, road, pathway, causeway, bridge, culvert, canal, tank, channel, pond, dam, tunnel, sea walls, walls for the prevention of soil erosion, embankments, bunds, drainage, kanas, culverts, jetties, compound walls, well, and the like, breaking of rocks and rubbles and the repair in whatsoever manner relating thereto and the demolition thereof but does not include the construction works relating to places of public worship or construction wok for a residence by a person for his own residential purposes costing not more than Rs. One lakh, repair works other than extension and reconstruction of his residence, construction work undertaken by the Government of India or any of its establishments or institutions;
(d)"Construction Workers" means any person who is employed for wages to do any work in connection with a construction work and who gets his wages directly or indirectly from an employer or from a contractor and includes a person engaged in any work connected with the supply of materials for construction works and a worker specified in any categories in Schedule I
Explanation. - If any doubt arises as to whether a person is or is not a construction worker for the purpose of this Act, the question shall be referred to the Chief Executive Officer or an officer authorised by the Government in this behalf whose decision thereon shall be final ;
(e)"Contractor" means any person registered as a contractor with any Department of the Government of Kerala or with any Department of any other State Government, or with any local authority or with the Kerala Water Authority or Devaswam Boards or Universities in the State, for carrying out construction work for consideration or any person carrying out construction work for consideration for a Government Company as defined in section 617 of the companies Act, 1956 (Central Act 1 of 1956) for any Board, Corporation or Society owned or controlled by the Government of Kerala and includes the Kerala State Construction Corporation ;
(f)"contribution" means the sum of money payable to the Fund by employers and construction workers under section 8;
(g)"Employer" means,-
(i)In the case of construction work undertaken for the State Government or for the Local authority or for the Kerala Water Authority or for any Universities in the State or for a Kerala Government Company as defined in section 617 of the Companies Act, 1956 (Central Act 1 of 1956) or for a Board, Corporation or a Society owned or controlled by the Kerala Government the contractor;
(ii)In any other case, the person for whom construction work is done.
(h)"family" means the husband or wife and minor sons and unmarried daughters of the construction worker and the parents solely dependent on the construction worker.
(i)"Fund" means the Kerala Construction Workers' Welfare Fund established under section 3 and the Scheme;
(j)"member" means any person registered as construction worker under section 4 and makes contribution to the Fund under section 8;
(k)"prescribed" means prescribed by rules made under this Act;
(l)"Scheme" means the Scheme framed under this Act;
(m)"Society" means any Society registered or deemed to be registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969) or the Travancore-cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (12 of 1955) or the Societies Registration Act 1860 (Central Act XXI of 1860) ;
(n)"year" means financial year.