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State of Assam - Section

Section 2 in Assam Shops and Establishments Act, 1971

2. Definition.

- In this Act, unless there is anything repugnant in the subject or context :-
(1)"apprentice" means a person aged not less than twelve years whom an employer em-ploys in his service for training by himself or by any other person for any trade or calling :
(2)"child" means a person who has not completed his fourteenth year ;
(3)"closed" means not open for the service of any customer or to any business connected with the establishment ;
(4)"commercial establishment" means an establishment in which there is conducted the business of advertising, commission, forwarding or commercial agency, a department of a factory in which persons are employed in a clerical capacity in any room or place where no manufacturing process is being carried on, a clerical department of any industrial or commercial undertaking including one of public transport, an insurance company, joint stock company, brokers' office or exchange, or such other establishment or class thereof as the State Government may, by notification, declare to be a commercial establishment for the purposes of all or any of the provision of this Act, but does not include a shop or an establishment for public entertainment or amusement ;
(5)"day" means the period of twenty-four hours beginning at midnight :Provided that in the case of an employee whose hour of work extend beyond midnight, day means the period of twenty-four hours beginning when such employment commences ;
(6)"employee" means a person wholly or Principally employed in and in connection with any establishment and includes and apprentice ;
(7)"employer" means a person owning or having ultimate control over the affairs of an establishment and includes the manager, agent or other person acting in the general management ;
(8)"establishment" means a shop or a commercial establishment or an establishment for public entertainment or amusement ;
(9)"establishment for public entertainment or amusement" means a restaurant, eating house, cafe, cinema, theatre and such other establishment or class thereof as the State Government may by notification, declare to be, for the purposes of this Act, an establishment for public entertainment or amusement, but does not include a shop or a commercial establishment ;
(10)"factory" means a factory as defined in or declared to be a factory under the Factories Act, 1948;(Central Act No 63 of 1948).
(11)"half day" means a period of six consecutive hours between the hours of half past seven O'clock ante-meridiem and seven O'clock post-meridiem ;
(12)"Inspector" means an inspector appointed under this Act ;
(13)"leave" means leave provided for in Chapter III of this Act ;
(14)"notification" means a notification published in the official Gazette ;
(15)"opened" means opened for the service of any customer or to any business connected with the establishment ;
(16)"period of work" means the time during which an employee is at the disposal of the employer ;
(17)"prescribed" means prescribed by rules made under this Act ;
(18)"prescribed authority" means the authority prescribed by rules made under this Act ;
(19)"shop" means any premises where any trade or business is carried on or where services are rendered to customers, and includes office, store rooms, godown or warehouse whether in the same premises or otherwise used in connection with such trade or business but does not include a commercial establishment 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(Central Act No. 63 of 1948), or an establishment for public entertainment or amusement ;
(20)"spread over" means the period between the commencement and the termination of the work of an employee on any day ,
(21)"wages" means pay at whatever intervals paid and includes dearness and such other allowances payable in terms of money and includes the value of lodging and such other amenities whose value is capable of being computed in terms of money ;
(22)"week" means the period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the prescribed authority ;
(23)"year" means a year commencing on the first day of January.