Section 2 in Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
2. Definitions.
- In this Act, unless the context otherwise requires,-(a)"day" means the period of twenty-four hours beginning at midnight;(b)"employer" means a person owning or having control over the affairs of an establishment, and includes,-(i)in the case of a firm or association of individuals, a partner or member of the firm or association;(ii)in the case of a company, a director of the company;(iii)in the case of an establishment owned or controlled by the Central Government or a State Government or any local authority, the person or persons appointed to manage the affairs of such establishment by the Central Government or the State Government or the local authority, as the case may be;(c)"establishment" means an establishment which carries on, any business, trade, manufacture or any journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or exchange or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession or manufacture; and includes, -(i)establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others), architect, engineer, accountant, tax consultant or any other technical or professional consultant;(ii)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, any business, trade or profession or work in connection with or incidental or ancillary thereto;(iii)shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; to whom the provisions of the Factories Act, 1948, (LXIII of 1948) do not apply;(iv)such other establishment as the State Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;(d)"factory" means any premises and the precincts thereof which is a factory within the meaning of clause (m) of section 2 and section 85 of the Factories Act, 1948, (LXIII of 1948);(e)"holiday" means a day on which a worker shall be given a weekly off under the provisions of this Act;(f)"Inspector" means an Inspector appointed under section 24;(g)"leave" means a leave mentioned in Chapter IV of this Act;(h)"local authority" means,-(i)a Municipal Corporation constituted under the Gujarat Provincial Municipal Corporations Act, 1949, (Bombay LIX of 1949);(ii)a Municipality constituted under the Gujarat Municipalities Act, 1963, (Gujarat 34 of 1964);(iii)a Panchayat constituted under the Gujarat Panchayats Act, 1993, (Gujarat 18 of 1993);(i)"member of the family of an employer" means the wife, husband, son, daughter, father, mother, brother or sister of an employer who lives with and is dependent on such employer;(j)"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 worker of or connected with the establishment;(k)"prescribed" means prescribed by rules made under this Act;(l)"register of establishments" means a register maintained for the registration of shops and establishments under this Act, either manually or in electronic format;(m)"registration certificate" means a certificate of the registration of a shop or establishment;(n)"shift" means where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a group or relay and each of such period is called a shift;(o)"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 in connection with such trade or business, but does not include a factory;(p)"spread-over" means the period between the commencement and the termination of the work of a worker on any day;(q)"wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes-(i)any remuneration payable under any award or settlement between the parties or under any order of a court or tribunal;(ii)any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;(iii)any additional remuneration payable under the terms of employment;(iv)any sum which, by reason of the termination of employment of the person employed, is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions;(v)any sum to which the person employed is entitled under any scheme framed under any law, for the time being in force; and(vi)house rent allowance payable in cash,but does not include-(a)any bonus, which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or under any order of a court;(b)the value of any accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government;(c)any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;(d)any travelling allowance or the value of any travelling concession;(e)any sum paid to the employed person to defray special expenses entailed to him by the nature of his employment; or(f)any gratuity payable on the termination of employment in cases other than those specified in sub-clause (iv);(r)"week" means the period of seven days beginning at midnight of Saturday;(s)"worker" means any person including a person engaged through an outsourcing agency (except an apprentice under the Apprentices Act, 1961, (52 of 1961)) employed to do any manual, unskilled, skilled, technical, operational or clerical work for hire or reward, whether the terms of employment be express or implied.
