Payment of Wages Act,1936
Act No : 4
Section : DEFINITIONS
SECTION 02: DEFINITIONS
In this Act, unless there is anything repugnant in the subject or context,
1[(i) "employed person" includes the legal representative of a deceased employed person;
(ia) "employer" includes the legal representative- of a deceased employer;
(ib) "factory" means a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948), and includes any place to which the provisions of that Act have been applied under sub-section (1) of Section 85 thereof]
2[(ii) (industrial or other establishments) means any
3 [(a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire or reward;
(aa) air transport service other than such service belonging to or exclusively employed in the military, naval or air forces of the Union or the Civil Aviation Department of the Government of India];
(b) dock, wharf or jetty;
4[(C) inland vessel, mechanically propelled]
(d) mine, quarry or oil-field;
(e) plantation;
(f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale;
5[(g) establishment in which any work relating to the construction, development. or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or to the supply of water, or relating to the generation, transmission and distribution of electricity or any other form of power is being carried on;
6[(h) any other establishment or class of establishments which the Central Government or a State Government may, having regard to the nature thereof, the need for protection of persons employed therein, and other relevant circumstances, specify, by notification in the Official Gazette];
7[(iia) "mine" has the meaning assigned to it in clause (j) of sub- section (1) of Section 2 of the Mines Act, 1952 (35 of 1952)
8[( iia) "legal representative" means the person who in law represents the estate of a deceased employed person]
9[(iii) "plantation" has the meaning assigned to it in clause (f) of Section 2 of the Plantations Labour Act, 1951 (69 of 1951)]
(iv) "prescribed" means prescribed by rules made under this Act;
(v) "railway administration" has the meaning assigned to it-in clause (6) of Section 3 of the Indian Railways Act, 1890 (9 of 1890); and]
10[(vi) "wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms 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, and includes
(a) any remuneration payable under any award or settlement between the parties or order of a Court;
(b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions but does not provide for the time within which the payment is to be made;
(e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force;
But does not include-
(1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court;'
(2) the value of any house-accommodation, or of the supply of light, water, medical -attendance or other amenity or of any 'service excluded from the computation of wages by a general or special order of the State Government; ,
(3) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
(4) any travelling allowance or the value of any travelling concession;
(5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or
(6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d)]
Footnotes:
1. Subs. by Act No.53 of' 1964 S.3(i) (w.e.f. 1.2.1965)
2. Subs. for the words "Industrial Establishments" by Act No.38 of 1982 S.4(a) (w.e.f. 15.10.1982)
3. Subs. by Act No.53 of 1964 S.3(ii) (w.e.f. 1.2.1965)
4. Subs. by Act No.68 of 1957 S.3(i) (w.e.f. 1.4.1958)
5 Ins. by Act No.68 of 1957 S,3(ii)(2) (w.e.f. 1.4.1958)
6 Ins. by Act No.38 of 1982 S4(b) (w.e.f. 15.10.1982)
7 Ins. by Act No.53 of 1964 S.3(iii) (w.e.f. 1.2.1965)
8 This clause was inserted by Bom.48 of 1955 S.2(a). -
9 Subs. by Act 53 of 1964 S.3(iv) (w.e.f. 1.2.1965)
10 Subs. by Act No.68 of 1957 S.3(iii) (w.e.f. 1.4.1958)
STATE AMENDMENTS
GUJARAT
By Section 2 of Act No.26 of 1967 the provisions of the Payment of Wages (Bombay Amendment Act, 1955 were extended to the whole of Gujarat)
JAMMU & KASHMIR
In Sec.2 after sub-clause (9) of clause (ii) insert "(h) 'forest' where any category of labour is engaged by the Government or by a forest lessee in any operation connected with the extraction of timber or fire wood or exploitation of the forest in any other manner. - J.K Act 6 of 1974.
KARNATAKA
The amendment made by Bom Act 48 of 1955 in force in Belgaum area repealed by Karnataka Act 2 of 1977, S.2 & Sch.
MADHYA PRADESH
The Payment of Wages (Madhya Pradesh Amendment) Act 1964- w.e.f. 15.5.64 Section 2:
Amendment of Section 2-In Section 2 of the Payment, of Wages Act, 1936 (IV of 1936) hereinafter referred to as the Principal Act)(a) after clause (i), the following clause shall be inserted, namely"
(ia) 'Industrial Court' means the Industrial Court constituted under Section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (26 of 1960);
(b) after clause (ii), the following clause shall be inserted, namely,(ii-a) 'Legal Representative' means the persons who in law represents the estate of a deceased employed person".
MAHARASHTRA
The Payment of Wages (Bombay Amendment) Act, 1955 (Act XLVIII of 1955) Section 2:
Amendment of Section 2 of Act IV of 1936;
In Section 2 of the Payment of Wages Act, 1936, in its application to the State of Bombay (hereinafter referred to as the said Act)
(a) after clause (ii) the following new clause shall be inserted, namely,-
"(iia) 'legal representative' means the person who in law represents the estate of a deceased employed person";
(b) for clause (iii) the following shall be substituted, namely (iii) 'Plantation' means(a) any estate which is maintained for the purpose of growing cinchona, rubber, coffee or tea, or
(b) any farm which is maintained for the purpose of growing sugarcane and attached to a factory established or maintained for the manufacture of sugar:
Provided that on such estate or farm twenty-five or more persons are engaged for the purpose
TAMIL NADU
Section 2. Amendment of Section 2, Central Act IV of 1936.-(Prior to its amendment by Act 53 of 1964) In clause (ii) of Section 2 of the Payment of Wages Act,1936 (Central Act IV of 1936) (hereinafter referred to as the Principal Act)
(i) in item (a), after the words 'Omnibus Service" the words 'or motor of other transport undertaking' shall be added;
(ii) after item (g), the following item shall be added, namely,-
"(h) establishment or undertaking which the State Government may, by notification in the Official Gazette, declare to be an Industrial Establishment for the purpose of this Act" (Vide TN. Act IX of 1959) S.2, 19.8.1959.
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