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State of West Bengal - Section

Section 2 in The West Bengal Payment Of Subsistence Allowance Act, 1969

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context, -
(a)"employee" means any person employed in or in connection with the work of any establishment to do skilled, semi-skilled or unskilled manual, supervisory, technical, clerical or any other kind of work for hire or reward, whether the terms of employment be express or implied; but does not include any such person who is employed mainly in a managerial or an administrative capacity or as an out-worker, that is to say, a person to whom any articles or materials are given out by or on behalf of the employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed by such out-worker in any place not under the control and management of the employer;
(b)"employer" means the owner of an establishment and includes any person responsible to the owner for supervision and control of the establishment;
(c)"establishment" means any place where any industry, trade, business, undertaking, manufacture, occupation or service is carried on but does not include any office or department of any Government or any establishment of any railway, major port, mine or oil-field;
(d)"period of suspension", in a case where express permission of the authority under sub-section (1) of section 33 of the Industrial Disputes Act, 1947, is necessary before the employment of an employee can be validly terminated, includes the period until such permission is obtained and termination of service is effected;
(e)"prescribed" means prescribed by rules made under this Act;
(f)"suspension" means an interim decision of an employer as a result of which an employee is debarred temporarily from attending his office and performing his functions in the establishment where he is employed, such restriction being imposed on the employee on the ground either that a disciplinary proceeding has already been, or is shortly to be, instituted against him or that a criminal proceeding in respect of an offence alleged to have been committed by him is under investigation or trial;
(g)"wages" shall have the meaning assigned to it in clause (rr) of section 2 of the Industrial Disputes Act, 1947.