Lawzonline.com 
 
Home|Discussion Forum|Communities|Professional Search|Law Dictionary|Bare Acts|Law Schools|State Bare Acts|Free Judgement Search|Law quotes
Articles  |    Humor    |    Law Digest
 
 
Bare acts search

 
  
Bare acts > Inter-State Migrant Workmen (Regulation of employment and Conditions of Service) Act, 1978 > Section 2
 
  


 

2. Definitions. – (1) In this Act, unless the context otherwise requires, -

(a) “appropriate Government” means:

(i) in relation to—

(1) any establishment pertaining to any industry carried on by or under the authority of the Central Government or pertaining to any such controlled industry as may be specified in this behalf by the Central Government; or

(2) any establishment or any railway, Cantonment Board, major port, mines or oilfield; or

(3) any establishment of banking or insurance company; the Central Government

(ii) in relation to any other establishment, the Government of the State in which that other establishment is situated;

(b) “contractor”, in relation to an establishment, means a person who undertakes (whether as an independent contractor, agent, employee or otherwise) to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, by the employment of workmen or to supply workmen to the establishment, and includes a sub-contractor, Khatadar, sardar, agent or any other person, by whatever name called, who recruits or employs workmen;

(c) “controlled industry” means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;

(d) “establishment” means, -

(i) any office or department of the Government or a local authority; or

(ii) any place where any industry, trade, business, manufacture or occupation is carried on;

(e) “inter-State migrant workman” means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment;

(f) “prescribed” means prescribed by rules made under this Act;

(g) “principal employer” means, -


(i) in relation to any office or department of the Government or a local authority, the head of that office, department or authority or such other officer as the Government or the local authority, as the case may be, may specify in this behalf;

(ii) in relation to a mine, the owner or agent of the mine and where a person has been named as the manager of the factory under the Factories Act, 1948, the person so named;

(iii) in relation to a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named;

(iv) in relation to any other establishment, any person is responsible for the supervision and control of the establishment.

Explanation. – For the purposes of sub-clause (iii) of this clause, the expressions “mine”, “owner” and “agent” shall have the meanings, respectively assigned to them in Cls. (j), (l) and (c) of sub-section (1) of Sec. 2 of the Mines Act, 1952 (35 of 1952);

(h) “recruitment” includes entering into any agreement or other arrangement for recruitment and all its grammatical variations and cognate expressions shall be construed accordingly;

(i) “wages” shall have the meaning assigned to it in Cl. (vi) of Sec. 2 of the Payment
of Wages Act, 1936 (4 of 1936);

(j) “workman” means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment by express or implied, but does not include any such person, -

(i) who is employed mainly in a managerial or administrative capacity; or

(ii) who being employed in a supervisory capacity, draws wages exceeding five hundred rupees per mensem, or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.

(2) Any reference in this Act to any law, which is not in force in any area, shall, in relation to that area, be construed as a reference to be the corresponding law, if any, in force in that area.

 

 

 

 

 

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

 

 

Quick Links     
      
Family LawsInsurance LawsEnvironmental lawTax LawFDI 
Company LawTelecommunication LawLabour LawsCentral RulesRBI 
Business & Commercial LawsConsumer lawsCorporate lawsCriminal lawsSEBI 
Intellectual Property lawMedia & Press lawsPharma & Medical lawsProperty lawFEMA 
Debt Recovery LawsAmendmentsProfessional lawBanking LawsLegal Links 
      
      
 
 
 
 
 

 
   
 

 

 

Privacy PolicyDisclaimer

Copyright @2010