Section 2 in Jammu and Kashmir Shops and Establishments Act, 1966
2. Definitions
In this Act,unless there is any repugnant in the subject or context,-(1)"apprentice"means a person,aged not less than twelve years, 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 Has Not Completed His Twelfth Year;(3)"closed" means not open for the service of any customer not open to any business connected with the establishment;(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)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;(b)an insurance company, joint stock company, bank, brokers office and exchange, but does not include 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 midnight;Provided that in 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 midnight;(6)"employee" means(a)in the case of a shop, a person wholly or principally employed in the shop in connection with business of the shop whether on monthly, daily or contract basis;(b)in the case of a factory, a person slowly or mainly employed in a clerical capacity in such factory;(c)the case of commercial establishment, a person wholly or principally employed in connection with the business of an establishment and includes a peon;(d)in the case of restaurant or eating house, a person wholly or principally employed in the preparation or the serving of food or drink or in the attendance upon a customer or in cleaning any part of the premises or utensils used on such premises or as a clerk or a cashier or otherwise employed in connection with the business of the restaurant or eating house;(e)in the case of a theatre, or other establishment of public entertainment, a person employed as an operator, cashier, clerk, door keeper, usher, cleaner or in any other capacity;and includes an apprentice in any of such establishments, but, does not include a member of the employer's family;(7)"employee" 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 establishments as the Government may by notification in the Government Gazette, declared to be an establishment for the purpose of this Act;(9)"factory" has the same meaning as is assigned to it in the [Jammu and Kashmir Factories Act, 1957] [Now Factory Act, 1948 (Central Act No. 63 of 1948).];(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 under this Act;(13)"Labour Commissioner" means the person appointed as such by the Government and includes for the purposes of such provisions of this Act and for such areas as the Government may direct, an officer not below the rank of Assistant Labour Commissioner;(14)"leave" means leave as provided for the Chapter VII of this Act;(15)"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;(16)"opened" means opened for the service of any customer or for any business connected with the establishment;(17)"period of work" means time during which an employee is at the disposal of the employer;(18)"establishment register of" means a register maintained from the registration of establishments under this Act;(19)"registration certificate" means a certificate showing the registration of an establishment;(20)"residential hotel" means any premises in which a bonafide 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;(21)"restaurant or eating house" means any premises in which 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 the workers under the [Jammu and Kashmir Factories Act 1957] [Now Factory Act, 1948 (Central Act No. 63 of 1948).];(22)"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, ware-house 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 shop attached to factory where the person employed in the shop are allowed the benefits provided for, workers under the [Jammu and Kashmir Factories Act, 1957] [Now Factory Act, 1948 (Central Act No. 63 of 1948).];(23)"spread over" means the period between the commencement and the termination of the work of an employee on one day;(24)"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 dramatic performance or for any other public amusement or entertainment;(25)"wages" means wages as defined in the [Payment of Wages Act, 1956] [Now Factory Act, 1948 (Central Act No. 63 of 1948).];(26)"Week" means the period of seven days beginning at midnight of Saturday;(27)"year" means a year commencing on the first day of April; and(28)"young person" means a person who is not a child and has not completed his eighteenth year.
