Section 2 in The Maharashtra Labour Welfare Fund Act, 1953
2. Definitions.
- In this Act, unless the context otherwise requires-(1)"Board" means [the Maharashtra Labour Welfare Board] [These words were substituted for the words 'any of the Labour Welfare Boards' by Maharashtra 36 of 1961, Section 5(a).] constituted under section 4;(1A)[ "contribution" means the sum of money payable to the Board in accordance with the provisions of section 6BB;] [Sub-clause (1A) was inserted by Maharashtra 16 of 1971, Section 2(1).](2)[ "Employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual, clerical, supervisory or technical in an establishment directly by the employer or through contractor or any other agency, but does not include any person- [[Clause (2) was substituted by Maharashtra 24 of 2003, Section 2(a), (w.e.f. 31-12-2000).Before substitution clause (2) reads as follows.-(2)'Employee' means any person who is employed for hire or reward to do any work, skilled or unskilled, [manual, clerical, supervisory or technical] in an establishment, but does not include any person-(a)who is employed mainly in a managerial capacity, or(b)who, being employed in a supervisory capacity, draws wages exceeding two thousand and five hundred rupees per mensen 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;]](i)who is employed mainly in a managerial capacity,(ii)who, being employed in a supervisory capacity, draws wages exceeding three thousand and five hundred rupees per mensem, or exercises powers or carries out, 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, or(iii)who is employed as an apprentice under the Apprentice Act, 1961;];(3)"Employer" means any person who employs either directly or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes-(i)in a factory, any person named under section 7(i)(f) of the Factories Act, 1948, as the manager;(ii)in any establishment, any person responsible to the owner for the supervision and control of the employees or for the payment of wages;(4)"Establishment" means-(i)a factory;(ii)a tramway or [motor omnibus service or a motor transport undertaking to which the Motor Transport Works Act, 1961 applies; and] [These words and figures were substituted for the words 'motor omnibus service; and' by Maharashtra 4 of 1984, Section 2(b)(i).](iii)[ any establishment within the meaning of the Bombay Shops and Establishments Act, 1948, which employs, or on any working day during the preceding twelve months, employed [five] [This portion was substituted for the portion beginning with '(iii) any establishment' and ending with 'or any State Government' by Maharashtra 16 of 1971, Section 2(3).] or more persons, [including the establishments which have been granted exemption partly or wholly under the proviso to section 4 of that Act.'] [This portion was added by Maharashtra 24 of 2003, Section 2(b) (w.e.f, 7-1-2002).]:Provided that, any such establishment shall continue to be an establishment for the purposes of this Act, notwithstanding a reduction in the number of persons to less than [five] [This word was substituted for the word 'ten' by Maharashtra 4 of 1984, Section 2(b)(ii).] at any subsequent time:Provided further that, where for a continuous period of not less than three months the number of person employed therein has been less than [five] [This word was substituted for the word 'ten' by Maharashtra 4 of 1984, Section 2(b)(ii).] such establishment shall cease to be an establishment for the purposes of this Act with effect from the beginning of the month following the expiry of the said period of three months, but the employer shall within one month from the date of such cessation, intimate by registered post the fact there of to such authority as the State Government may specify in this behalf;][Explanation.- For the removal of doubt, it is hereby declared that where an establishment has different branches or departments, all such branches or departments, whether situated in the same premises or different premises, shall be treated as parts of the same establishment;] [This Explanation was added by Maharashtra 4 of 1984, Section 2(b)(iii).](5)[ "Factory" means a factory as defined in section 2(m) of the Factories Act, 1948, and includes any place wherein five or more persons are employed of working and-(i)Wherein any manufacturing process is being carried on with the aid of powers or is ordinarily so carried on;(ii)which in deemed to be a factory under section 85 of the said Act;](6)"Fund" means the [Labour Welfare Fund] [These words were substituted for the words 'any of the Labour Welfare Funds' by Maharashtra 36 of 1961, Section 5(d).] constituted under section 3;(7)"Independent member" means a member of the Board who is not connected with the management of any establishment or who is not an employee, and includes an officer of Government nominated as a member;(8)"Inspector" means an Inspector appointed under section 12;(8a)& (8b) [* * * * * *] [Clauses (8a) and (8b) were deleted by Maharashtra 36 of 1961, Section 5(e).](9)"Prescribed" means prescribed by rules made under this Act;(10)"Unpaid accumulation" means all payments due to the employees but not made to them 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, and gratuity legally payable [but not including the amount of contribution, if any, paid by an employer to a provident fund established under the Employees' Provident Funds Act, 1952] [This portion was inserted, by Maharashtra 36 of 1961 Section 5(f).];(11)[ "Wages" means wages as defined in section 2(vi) of the Payment of Wages Act, 1936, and includes bonus payable under the Payment of Bonus Act, 1965;] [Clause (11) was substituted by Maharashtra 16 of 1971, Section 2(4).](12)"Welfare Commissioner" means the Welfare Commissioner appointed under section 11.
