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State of West Bengal - Section

Section 2 in The West Bengal Mazdoor, Tindal, Loader, Godownman And Other Workers (Regulation Of Employment And Welfare) Act, 1981

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context,-
(1)"Advisory Committee" means the Advisory Committee constituted under section 16;
(2)"Board" means a Board established under section 6;
(3)"contractor" in relation to an unprotected worker means a person who undertakes to execute any work for an establishment by engaging such worker on hire or otherwise, or who supplies such worker either in group or gang or as individual, and includes a sub-contractor, an agent, a sardar or a munshi;
(4)employer means,-
(a)in relation to an unprotected worker engaged by or through any contractor, the principal employer, and
(b)in relation to any other unprotected worker, the person who has ultimate control over the affairs of the establishment,
and includes any other person, by whatever name called, to whom the affairs of such establishment are entrusted;
(5)"establishment" means any place or premises, including the precincts thereof, in which or in any part of which any scheduled employment is ordinarily carried on;
(6)"family" in relation to an employer means the spouse, son, daughter, father, mother, brother or sister of such employment who lives with him and is wholly dependent on him;
(7)"Inspector" means an Inspector appointed under section 17;
(8)"notification" means a notification published in the Official Gazette;
(9)"principal employer" means an employer who engages unprotected workers by or through a contractor in any scheduled employment;
(10)"prescribed" means prescribed by rules made under; this Act;
(11)"scheduled employment" means any employment specified in the Schedule or any process or branch of work forming part of such employment;
(12)"scheme" means a scheme made under this Act;
(13)"unprotected worker" means a worker engaged in any scheduled employment;
(14)"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 a workman in respect of his employment or of work done in such employment, and includes-
(i)such allowances (including dearness allowance) as the workman is for the time being entitled to;
(ii)the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any confessional supply of foodgrains or other articles;
(iii)any travelling concession;
but does not include-
(a)any bonus;
(b)any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force;
(c)any gratuity payable on the termination of his service;
(15)"worker" means a person engaged directly or through any agency, whether for wages or not, to do any skilled or unskilled manual, supervisory or clerical work in any scheduled employment, and includes any person not employed by any employer or contractor, but working with the permission of, or under an agreement with, such employer or contractor, but does not include any member of the family of an employer;
(16)"year" means a period of twelve months beginning on the 1st day of April.