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State of Goa - Section

Section 2 in The Goa, Daman and Diu Labour Welfare Fund Act, 1986

2. Definitions.

- In this Act, unless the context otherwise requires,-
(a)'Board' means the Goa, Daman and Diu Labour Welfare Board established under section 4;
(b)'contractor' means contractor as defined in clause (c) of sub-section (1) of section 2 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970);
(c)'employee' means any person who is employed for hire or reward to do any work, skilled or unskilled, manual, supervisory, clerical or technical in an establishment for a continuous period of 30 days during the period of 12 months whether the terms of employment be expressed or implied, but does not include any person-
(i)who is employed mainly in a managerial capacity; or
(ii)who, being employed in a supervisory capacity, draws wages exceeding one thousand and six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reasons of the powers vested in him, functions mainly of a managerial nature,
(d)'employer', means a person who has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, superintendent or by any other name, such other persons;
(e)'establishment' means any-
(i)factory as defined in clause (m) of section 2 of the Factories Act, 1948 (Central Act 53 of 1948), or any place which is deemed to be a factory under section 85 of that Act, or
(ii)motor transport undertaking as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961 (Central Act 27 of 1961), or
(iii)establishment, including a society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860), and a charitable or other trust whether registered under any law applicable to such charitable or other trust or not, which carries on any business or trade or any work in connection therewith or ancillary thereto but does not include an establishment not being a factory which is a unit or department of the Central or any State Government, or
(iv)establishment as defined under sub-section (9) of section 2 of the Goa, Daman and Diu Shops and Establishments Act, 1973 (Act 13 of 1974), or
(v)establishment of a contractor, or
(vi)scheduled employment as defined in clause (g) of section 2 of the Minimum Wages Act, 1948 (Central Act 11 of 1948), or
(vii)plantation, or
(viii)motor transport service including trucks, engaged in transport of passengers or goods, or
(ix)port, dock, wharf or jetty, or
(x)inland water transport service including barges, launches, dredgers, engaged in movement, transport or handling of goods or cargo or transport of passengers, or
(xi)establishment which the Government may, by notification, declare to be an establishment for the purpose of this Act;
(f)'Fund' means the Labour Welfare Fund constituted under section 3;
(g)'Government' means the Government of Goa, Daman and Diu;
(h)'Inspector' means an Inspector appointed under section 21;
(i)'Legislature' means the Legislative Assembly of Goa, Daman and Diu;
(j)'notification' means a notification published in the Official Gazette of the Government of Goa, Daman and Diu and the word "notified" shall be construed accordingly;
(k)'Secretary' means the Secretary of the Board appointed under section 20;
(l)'unpaid accumulation' means all payment whether called as wages or bonus, gratuity or compensation or by any other name, due to an employee but not paid to him within a period of three years from the date on which payments become due whether before or after the commencement of this Act but does not include the amount or contribution, if any, paid by an employer to a provident fund established under the Employees' Provident Fund Act, 1952 (Central Act 19 of 1952), and compensation payable under Workmen's Compensation Act, 1923 (Central Act 8 of 1923);
(m)'wages' means all remuneration capable of being expressed in terms of money which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment, but does not include-
(i)The value of any house accommodation or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by general or special order of the Government, or
(ii)any contribution paid by the employer to any pension or provident fund or under any scheme of social insurance, or
(iii)any travelling allowance or the value of any travelling concession;