Section 2 in The Bombay Labour Welfare Fund Act, 1953
2. Definitions.
- In this Act, unless the context otherwise requires-(1)"Board" means [[the Gujarat Labour Welfare Board] [These words were substituted for the words 'the Bombay Labour Welfare Board', by the Bombay Labour Welfare Board (Reconstitution) Order, 1960.] constituted under Section 4;(1A)[ "Contribution" means the sum of money payable as contribution to the Board in accordance with the provisions of Section 6B,] [Clause (1a), which was deleted, further inserted, by Gujarat 29 of 1973, Section 2 (1).].(2)"Employee" means any person who is employed for hire of reward to do any work, skilled or unskilled, [manual, clerical, Supervisory or technical] [These words were substituted for the words 'manual or clerical' by Gujarat 29 of 1973, S. 2 (i).] in an establishment [but does not include any person. [These words were added by Guj. 29 of 1973, S. 2 (2ii).](a)Who is employed mainly in a managerial capacity, or(b)Who, being employed in a supervisory capacity, draws wages exceeding [three thousand and five hundred rupees] per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.](3)"Employer" means any person who employs either directly or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes-(i)in a factory, any person named under Section 7 (i) (f) of the Factories Act as the manager;(ii)in any establishment, any person responsible to the owner for the supervision and control of the employees or for the payment of wages;(4)"Establishment" means-(i)a factory;(ii)a tramway or motor omnibus services; and["(iii) any establishment within the meaning of the Bombay Shops and Establishments Act, 1948, which employs, or on any working day during the twelve months proceedings the specified date employed, ten or, more persons: [This portion was substituted for the portion beginning with the brackets, figures and words '(iii) any establishment and ending with the words', or any State Government' by Gujarat 29 of 1973, Section 2 (3).]Provided that, any such establishment shall, subject to the provisions contained in the succeeding proviso continue to be an establishment for the purposes of this Act, notwithstanding a reduction in the number of persons to less than ten at any subsequent time:Provided further that, where a continuous period of not less than three months the number of persons employed therein has been less than ten such establishment shall cease to be an establishment of the purposes of this Act with effect from the beginning of the months following the expiry of the said period of three months, and the employer shall, within one month from the date of such cessation, intimate by registered post the fact thereof to such authority as the State Government may specify in this behalf."](5)"Factory" means a factory as defined in Section 2 (m) of the Factories Act 1948 (LXIII of 1948);(6)"Fund" means the [[Labour Welfare Fund] [These words were substituted for the words 'the Bombay Labour Welfare Fund' by the Bombay Labour Welfare Board (Reconstitution) Order, 1959.] constituted under Section 3;(7)"Independent member" means a member of the Board who is not connected with the management of any establishment or who is not an employee, and includes an officer of Government nominated as a member.(8)"Inspector" means an Inspector appointed under Section 12;[* * * * * [Clauses (8a) and (8b) were deleted, by Gujarat 47 of 1961, Section 4 (e).]* * * * *](9)"Prescribed" means prescribed by rules made under this Act;["(9A) "specified date" in relation to any establishment for the purpose of payment to the Board of any sum specified in item (a), (b), or (bb) of subsection (2) of Section 3 shall be the date on or before which any such sum becomes payable to the Fund,"] [Clause (8a) was inserted by Gujarat 29 of 1973, Section 2 (4).](10)"Unpaid accumulations" means all payment due to the employees but not made to them within a period of [one year] [Substituted for 'three years' by Gujarat 5 of 2005, dated 25th February 2005 (w.r.e.f. 31-12-2004).] from the date on which they became due whether before or after the commencement of this Act including the wages, and gratuity legally payable [but not including the amount of contribution if any, paid by an employer to a provident fund established under the Employees' Provident Funds Act, 1952 (XIX of 1952)] [These words and figures were inserted by Gujarat 47 of 1961, Section 4 (f).].(11)[ "Wages" means as defined in clause (vi) of Section 2 of the Payment of Wages Act, 1936 (IV of 1936)] [Clause (11) was substituted by Gujarat 29 of 1973, Section 2 (5).].(12)"Welfare Commissioner" means the Welfare Commissioner appointed under Section 11.
