Section 2 in The M.P. Shops and Establishments Act, 1958
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-(1)"Apprentice" means a person who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft, business or employment in any establishment;(2)[ "child" means a person who is below fourteen years;] [Substituted by M.P. Act No. 10 of 1982.](3)[ "closed" means not open for the service of any customer, or for any business of the establishment or for any work connected with the establishment;] [Substituted by M.P. Act No. 10 of 1982.](4)"Commercial establishment" means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes :-(a)[ a society registered or deemed to have been registered under the [Madhya Pradesh Societies Registration Act, 1959 (1 of 1960)] [Substituted by M.P. Act No. 19 of 1967.] and a charitable or other trust, whether registered or not, which carries on whether for gain or not, any business, trade or profession or work in connection with or incidental or ancillary to such business, trade or profession;](b)an establishment which carries on the business of advertising, commission agency, forwarding or commercial agency or which is a clerical department of a factory or of any industrial or commercial undertaking;(c)an insurance company, joint stock company, bank, broker's office and exchange,but does not include a factory, shop, residential hotel, restaurant, eating-house theatre or other place of public amusement or entertainment;(5)"day" means the period of twenty-four hours beginning at mid-night:Provided that in the case of an employee whose hours of work extend beyond midnight, day means the period of twenty four hours beginning when such employment commences irrespective of mid-night;(6)[ "employee" means a person wholly or principally employed, whether directly or through any agency, and whether for wages or other consideration, in or in connection with any establishment, and include an apprentice, but does not include a member of the employer's family;] [Substituted by M.P. Act No. 19 of 1967.](7)"employer" means a person owning or having ultimate control over the affairs of an establishment and includes the manager, agent or any other person acting in the general management or control of such establishment;(8)"establishment" means a shop, commercial establishment, residential hotel, restaurant, eating-house, theatre, or other place of public amusement or entertainment to which this Act applies and includes such other establishment of like nature as the Government may, by notification, declare to be an establishment for the purposes of this Act;(9)"factory" means any premises which is a factory within the meaning of clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948) or which is deemed to be a factory under Section 85 of the said Act;(10)"goods" includes all materials, commodities and articles;(11)"holiday" means a day on which an establishment shall remain closed or on which an employee shall be given a holiday under the provisions of this Act;(12)"Inspector" means an Inspector appointed or deemed to be appointed under the Act, whether by name or by virtue of office;(13)"Labour Commissioner" means the person appointed as such by the Government and includes, for the purposes of such provisions of the Act, and for such areas as the Government may direct, an officer not below the rank of an Assistant Labour Commissioner;(14)"leave" means leave as provided for in Chapter VII of this Act;(15)"Local authority" means a Municipal Corporation or Municipality constituted under any enactment in force for the time being;(16)"manager" means a person declared to be a manager under Section 6;(17)"member of the family of an employer" means the husband, wife, son, daughter, father, mother, brother or sister of an employer who lives with and is dependent on such employer;(18)[ "opened" means opened for the service of any customer or for any business of the establishment, or for any work connected with the establishment. [Substituted by M.P. Act No. 10 of 1982.]Explanation :- An establishment in the premises of which people are present shall be presumed to be opened unless contrary is proved;](19)"period of work" means the time during which an employee is at the disposal of the employer;(20)"register of establishment" means a register maintained for the registration of establishments under this Act;(21)"registration certificate" means a certificate showing the registration of an establishment;(22)"residential hotel" means any premises in which a bona fide business is carried on of supplying for payment lodging or board and lodging to travellers and other members or class of members of the public and includes a residential club;(23)"restaurant or eating-house" means any premises in which it is carried on wholly or principally the business of the supply of meals or refreshments to the public or a class of the public for consumption on the premises, and includes a Halwai's shop; but does not include a restaurant or a canteen attached to a factory if the persons employed therein are allowed the benefits provided for workers under the Factories Act, 1948 (63 of 1948);(24)"shop" means any premises where goods are sold, either by retail or wholesale or both or where services are rendered to customers, and includes an office, a store room, godown, warehouse or workplace, whether in the same premises or otherwise used in connection with such trade or business but does not include a factory, a commercial establishment, residential hotel, restaurant, eating-house, theatre or other place of public amusement or entertainment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (63 of 1948);(25)"spread-over" means the period between the commencement and the termination of the work of an employee on any day;(26)"theatre" includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for a dramatic performance or for any other public amusement or entertainment;(27)"wages" means wages as defined in the Payment of Wages Act, 1936 (4 of 1936);(28)"week" means the period of seven days beginning at midnight of Saturday;(29)"year" means a year commencing on the first day of April; and(30)"young person" means a person who is not child and has not completed his seventeenth year.
