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State of Uttar Pradesh - Section

Section 2 in Uttar Pradesh Labour Welfare Fund Act, 1965

2. Definitions.

- In this Act, unless there is anything repugnant in the ,subject or context-
(1)"Board" means the Uttar Pradesh Labour Welfare Board constituted under section 4;
(2)"employee" means any person who is employed, in or establishment for hire or reward to do any work skilled, unskilled, manual or clerical and also includes a person so employed to do any supervisory work If his wages do not exceed four hundred rupees per month;
(3)"employer" means any person who employs either directly or through another person either on behalf of himself or any person one or more employees in an establishment and includes-
(a)in a factory, any person named under section 7(1)(f) of the Factories Act, 1948, as a manager;
(b)in an establishment carried on by or under the authority of the Government, the person or authority appointed for the supervision and control of employees and where no person or authority is so appointed, the Head of the Department concerned ;
(c)in any other establishment, any person responsible to the owner of the establishment for the supervision and Control of the employees or for the payment of wages;
(4)"establishment" means a factory, a plantation or any other establishment, other than an establishment (not being a factory) of the Central or the State Government, which carries on any business or trade or any work in connexion with or ancillary thereto and which employs or on any working day during the preceding twelve months employed such number of persons as may be prescribed from time to time;
(5)"factory" means a factory as defined in section 2(m) of the Factories Act, 1948;
(6)"Fund" means the Uttar Pradesh Labour Welfare Fund established under section 3;
(7)"Inspector" means Inspector appointed under section 9 ;
(8)"Labour Welfare Commissioner" means the Labour Welfare Commissioner appointed under section 8 ;
(9)"prescribed" means prescribed by rules made under this Act;
(10)"regulations" and "rules" respectively mean the regulations and rules made under this Act ;
(11)"State Government" means the Government of Uttar Pradesh;
(12)"unpaid accumulations" means all sums due to the employees but not paid to them within a period of [two years] [Substituted by section 2 of U.P. Act No. 17 of 1978.] from the date on which they become due, whether before or after the Commencement of this Act, including wages, gratuity and house allowance, if any, payable to them by the employer, but not including the amount of contribution, if any, paid by an employer, to provident fund established under the Employees Provident Funds Act, 1952 ; and
(13)"wages" means all remuneration capable of being expressed in terms of money which would, if the terms of contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment' or of work done in such employment, but does not include -
(a)the value of-
(i)any house accommodation, supply of light, or water or medical facilities; or
(ii)any other amenity or any service excluded in this behalf by a general or special order of the State Government; or
(b)any contribution paid by the employer to any pension fund or provident fund or under any scheme of social insurance; or
(c)any travelling allowance or any travelling concession; or
(d)any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or
(e)any gratuity payable on discharge.