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Section 2: Definitions

The Bihar Industrial Establishments (National and Festival Holidays and Casual Leave) Act, 1976State Act of Bihar · Act 17 of 1977

In this Act, unless there is anything repugnant in the subject or context –

(a) “Day” means a period of twenty four hours beginning from the midnight.

(b) “Employee” means –

(i) a workman employed in any industrial establishment for skilled or unskilled, manuals, supervisory, technical or clerical job whether on hire or reward and includes an apprentice whether the terms of employment are expressed or implied; or

(ii) such other workmen or group of workmen employed in any industrial establishment whom the State Government may declare to be “employer” for the purposes of this Act, by a notification in the Official Gazette.

(c) “Employer” in relation to an industrial establishment, means the person who has ultimate control over the affairs of the industrial establishment and where the said affairs are entrusted to any other person, such other person, whether called by name of managing agent, manager, superintendent or by any other name.

(d) “Government” means the State Government of Bihar.

(e) “Industrial Establishment” means –

(i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (Act 63 of 1948) or a place deemed to be a factory under sub-section (2) of section 85 of the said Act ;

(ii) a plantation as defined in clause (j) of section 2 or the Plantations Labour Act, 1951 (Act 69 of 1951).

(2)

(f) “Inspector” means an inspector appointed under sub-section (1) of section 7;

(g) “Prescribed” means prescribed by rules made under this Act; and

(h) “Wages” means all remuneration whether by way of salary and allowances or otherwise expressed in terms of money or capable of being so expressed, which would, if the terms of employment, expressed or implied, were compiled, be payable to an employee in respect of his employment or of work done in such employment, but does not include the following: -

(i) Any bonus;

(ii) The value of any house accommodation, supply of light and water, medical or any other amenity or of any service or any concessional supply of foodgrains or other articles;

(iii) Contribution paid or payable by the employer as follows: -

(a) on account of any pension or provident fund and interest accruing thereon; or

(b) on account of any benefit of the employee under any law for the time being in force.

(iv) Any travelling allowance or the value of any travelling concession;

(v) Any sum paid to the employee for defraying special expenses incurred on him due to the nature of his employment; or

(vi) Any gratuity payable on the termination of employment.

Where this provision sits

ActThe Bihar Industrial Establishments (National and Festival Holidays and Casual Leave) Act, 1976
Section2
Marginal noteDefinitions
JurisdictionState of Bihar
StatusIn force as published by the source

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