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State of Karnataka - Section

Section 2 in Karnataka Labour Welfare Fund Act, 1965

2. Definitions.

- In this Act, unless the context otherwise requires,-
(1)"Board" means the [Karnataka Labour Welfare Board] [Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.] constituted under section 4;
(1A)[ "contribution" means the sum of money comprising the employer's contribution, employee's contribution and State Government's contribution payable to the Board in accordance with the provisions of section 7A.] [Section 1A inserted by Act 73 of 1976 w.e.f. 8.10.1976]
(2)"employee" means any person who is employed for wages to do any work skilled or unskilled, manual or clerical, in an establishment;
(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(1) (f) of the Factories Act, 1948, 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)motor omnibus service;
(iii)any establishment including a society registered or deemed to be registered under the [Karnataka] [Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.] Societies Registration Act, 1960, and a charitable or other trust, whether registered under any law applicable to such charitable or other trust or not, which carries on any business or trade or any work in connection with or ancillary thereto and which employs or on any working day during the preceding twelve months employed more than fifty persons, but does not include an establishment (not being a factory) of the Central or any State Government; and
(iv)any plantation or workshops;
(5)"factory " means a factory as defined in section 2(m) of the Factories Act, 1948;
(6)"Fund" means the [Karnataka Labour Welfare Fund] [Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.] 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 13;
(9)"prescribed" means prescribed by rules made under this Act;
(10)"unpaid accumulations" means all payments due to the employees but not made to them within a period of three years 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 establishment under the Employees ' Provident Funds Act, 1952;
(11)"wages" means all remuneration capable of being expressed in terms of money which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, but does not include, -
(a)the value of, -
(i)any house accommodation, supply of light, water, medical attendance; or
(ii)any other amenity or any service excluded by general or special order of the State Government;
(b)any contribution paid by the employer to any pension fund or provident fund or under any scheme of social insurance;
(c)any travelling allowance or the value of any travelling concession;
(d)any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or
(e)any gratuity payable on discharge.
(12)"Welfare Commissioner" means the Welfare Commissioner appointed under section 12.