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State of Tamilnadu - Section

Section 2 in Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981

2. Definitions.

- In this Act, unless the context otherwise requires,-
(a)"adult" means a person who has completed eighteen years of age;
(b)"child" means a person who has not completed sixteen years of age;
(c)"competent authority" means any authority authorised by the Government by notification to perform all or any of the functions of the competent authority under this Act and for such areas as may be specified therein;
(d)"day" means a period of twenty-four hours beginning at mid-night;
(e)"domestic weaver" means any person who gets the raw materials from a master weaver or employer and attends to any operation connected with handloom weaving, whether such operation is carried on in the home, in which such worker works or in any other place, but does not include an independent weaver;
(f)"employee" means any person employed in any work connected with handloom industry under an employer and includes a domestic weaver, but excludes an independent weaver, to do any work skilled, unskilled, manual or clerical;
(g)"employer" means a person who has the ultimate control over the affairs of any industrial premises or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any industrial premises and includes -
(i)any other person to whom the affairs of any industrial premises are entrusted, whether such other person is called the managing agent, manager, superintendent or by any other name; and
(ii)a president or a chief executive of any weavers co-operative society or a master weaver engaged in handloom industry;
(h)"Government" means the State Government;
(i)"handloom industry" means an industry which is engaged in the manufacture or production by a loom, other than a powerloom, of any cloth or fabric or product and includes any process or work pertaining to handloom weaving;
(j)"independent weaver" means any person who carries on any weaving operation in his dwelling place, but does not include a domestic weaver;
(k)"industrial premises" means any place or premises (not being a private dwelling house) including the precincts thereof, in which or in any part of which any type of work relating to handloom industry is carried on;
(l)"Inspector" means the Inspector appointed under sub-section (1) of section 6;
(m)"lay-off" means the failure, refusal or inability of an employer on account of shortage of raw materials or the accumulation of stock of finished products or the breakdown of any machinery to give employment to a person employed, who is a registered worker, but does not include retrenchment;
(n)"master weaver" means and includes any person not being a co-operative society, who supplies raw materials to any other person, whether or not the other person is a domestic weaver or an employee for the purpose of converting the same into finished product;
(o)"powerloom" means a loom which is worked by power as defined in clause (g) of section 2 of the Factories Act, 1948 (Central Act LXII1 of 1948) and includes any automatic loom;
(p)"private dwelling house" means a house in which persons engaged in any work connected with handloom industry, reside;
(q)"retrenchment" means the termination by the employer of the service of an employee for any reason whatsoever, otherwise than as a punishment inflicted byway of disciplinary action, but does not include -
(i)voluntary retirement of the employee; or
(ii)retirement of the employee on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or
(iii)termination of the service of an employee on the ground of continued ill-health;
(r)"week" means a period of seven days beginning at Mid-night on Saturday;
(s)"young person" means a person who has completed sixteen years of age but has not completed eighteen years of age.