(1) This Act may be caked the West Bengal Em- Short title, ployecs' Payment of Compulsory Gratuity Act, 1971. extent and apica.
t2) It extends to the whole of the State of West Bengal. tion.
pt
(3) It shall apply to—
(a) any factory as defined in clause (m) of section 2 of the Factories Act, 1948;
(b) any plantation as defined in clause (f) of section 2.
of the Plantations Labour Act. 1951;
(c) any shop or establishment as defined in the West Bengal Shops and Establishments Act, 1963. in which ten or more persons are employed, I d32(h) THE CALCUTTA GAZETTE, EXTRAORDINARY, AUGUST 28, 1971 [PART Dofinitiono. 2. In this Act, unless the context otherwise requires,—
(a) "Collector" means the Collector of the district in which the factory, plantation, shop or establishment is situated and in the case of a factory, plantation, shop or establishment situated in Calcutta means the Collector of the district of 24-Parganis.
Explanation.—For the purposes of this Act, "Calcutta" means the town of Calcutta as defined in the Cal- 8>ngal .A.et cutta Police Act, 1866, and includes the suburbs of IV of 1866.
the town of Calcutta as defined by notification made '1866 ;
der section 1 of the Calcutta Suburban Police Act, Bengal Aot.
II of 1866.
(b) "completed year of service" means .continuous service for one year ;
kc) "continuous service" means uninterrupted service and includes service which is interrupted by sickness, accident, leave, strike which is not illegal or a lock o'ut or cessation of work not due to any fault of the employee concerned ;
(d) "controlling authority" means an authority appointed, by the State Government under section 3 ;
(e) "employee" means any person (other than an apprentice) employed on wages, not exceeding rupees seven hundred and fifty per mensem, in any factory, plantation, shop or establishment to do any skilled, semi-skilled or unskilled manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, but does not include any such person who is employed in a managerial or administrative capacity, or who holds a civil post under the Central, or State Government, or who is subject to the Air Force Act. 1950, the Army Act, 1950, or the Navy Act, 1957;
(/) "employer" means— ,i) in relation to any factory, plantation, shop or establishment which is owned or managed by the Central or the State Government, a person' or authority appointed by such Government for the supervision and control of employees or where no person or authority has been so appointed, the head of the Ministry or the Department concerned ;
(ii.) in relation to any factory, plantation, shop or establishment owned or managed by any local authority, the person appointed by such authority for the supervision and control of employees.
or where no person has been so appointed, the chief executive officer of the local authority ;
(iii) in any other case, the person, who or the authority which has the ultimate control over the affairs of the factory, plantation, shop or establishment and where the said affairs are entrusted to any other person whether called a manager, managing director_ managing agent, or by any other name, such person ;
(,) "family", in relation to an employee, shall be deemed to consist of—
(1) in the case of a male employee, himself, his wife, his children, whether married or unmarried, his dpnprninnf narpntc and the Ividiaw • and rhildrpn 45 of MO.
46 of 1850- 62 of 1957.
PART V] THE CALCUTTA GAZETTE, EXTRAORDINARY, AUGUST 28, 1971
(ii) in the case of a female employee, herself, her husband, her children, whether married or unmarried, her dependent parents and the dependent parents of her husband and the widow and.
children of her predeceased son, if any:
Provided that if a female employee, by a notice in writing to the controlling authority, expresses her desire to exclude her husband from her family, the husband and his dependent parents shall no longer be deemed, for the purposes of this Act, to be included in the family of such female employee unless the said notice is subsequently withdrawn by such female employee.
Explanation.—In either of the above two cases if the child of an employee has been adopted by another person and if under the personal law of the adopter, adoption is legally recognized, such child shall be considered as excluded from the family of the employee ;
(h) "notification" means a notification published in the Official Gazette ;
(i) "prescribed" means prescribed by rules made under this Act ;
(1) "retirement" means termination of the service of an employee for any cause, but does not include superannuation ;
(k) "superannuation" means the termination of the service of an employee by the e employer,— ki) when the employee attains such age as is fixed in the contract or. conditions of service as the age of superannuation ; and
(ii) in any other case, when the employee attains the age of fifty-eight years ;
(/) "wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and night allowance:
3. The State Government may, by notification, appoint any officer, not below the rank of a Deputy Labour Commissioner, to be a controlling authority who shall be responsible.
for the administration of this Act and different controlling authorities may be appointed for different areas.