2. Interpretation.—
In this Act, unless there is anything repugnant in the subject or context,—
[
(a) “adolescent” means a person who has completed his fourteenth year of age but has not
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completed his eighteenth year;
(aa) “adult” means a person who has completed his eighteenth year of age;]
(b) “appropriate Government” means,—
(i) in relation to any scheduled employment carried on by or under the authority of the
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[Central Government or a railway administration], or in relation to a mine, oilfield or major port,
or any corporation established by 5[a Central Act], the Central Government, and
(ii) in relation to any other scheduled employment, the State Government;
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[(bb) “child” means a person who has not completed his fourteenth year of age;]
(c) “competent authority” means the authority appointed by the appropriate Government by
notification in its Official Gazette to ascertain from time to time the cost of living index number
applicable to the employees employed in the scheduled employments specified in such notification;
(d) “cost of living index number”, in relation to employees in any scheduled employment in
respect of which minimum rates of wages have been fixed, means the index number ascertained and
declared by the competent authority by notification in the Official Gazette to be the cost of living
index number applicable to employees in such employment;
(e) “employer” means any person who employs, whether directly or through another person, or
whether on behalf of himself or any other person, one or more employees in any scheduled
employment in respect of which minimum rates of wages have been fixed under this Act, and
includes, except in sub-section
(3) of section 26,—
(i) in a factory where there is carried on any scheduled employment in respect of which
minimum rates of wages have been fixed under this Act, any person named under 7[clause
(f) of
sub-section
(1) of section 7 of the Factories Act, 1948 (63 of 1948)], as manager of the factory;
1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; Pondicherry by Reg. 7
of 1973, s. 3 and First Schedule; Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule; and Union territory of Goa, Daman
and Diu by Notification No. G.S.R. 436, dated 16-4-1873, Gazette of India, Part II, sec. 3
(i).
This Act has been amended in Uttar Pradesh by U.P. Act 20 of 1960 (w.e.f. 1-1-1960), Bihar by Bihar Act 3 of 1961,
Maharashtra by Maharashtra Act 10 of 1961, Andhra Pradesh by Andhra Pradesh Act 19 of 1961, Gujarat by Gujarat Act 22 of
1961, Madhya Pradesh by Madhya Pradesh Act 11 of 1959, Kerala by Kerala Act 18 of 1960, Rajasthan by Rajasthan Act 4 of
1969, Madhya Pradesh by Madhya Pradesh Act 36 of 1976 and Maharashtra by Maharashtra Act 25 of 1976.
2. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
3. Subs. by Act 61 of 1986, s. 23, for clause
(a).
4. Subs. by Act 30 of 1957, s. 2, for “Central Government, by a railway administration” .
5. Subs. by the A.O. 1950, for “an Act of the Central Legislature”
6. Ins. by Act 61 of 1986, s. 23.
7. Subs. by Act 26 of 1954, s. 2, for “clause
(e) of sub-section
(1) of section 9 of the Factories Act, 1934 (25 of 1934)”.
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(ii) in any scheduled employment under the control of any Government in India in respect of
which minimum rates of wages have been fixed under this Act, the person or authority appointed
by such Government for the supervision and control of employees or where no person or
authority is so appointed, the head of the department;
(iii) in any scheduled employment under any local authority in respect of which minimum
rates of wages have been fixed under this Act, the person appointed by such authority for the
supervision and control of employees or where no person is so appointed, the chief executive
officer of the local authority;
(iv) in any other case where there is carried on any scheduled employment in respect of which
minimum rates of wages have been fixed under this Act, any person responsible to the owner for
the supervision and control of the employees or for the payment of wages;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “scheduled employment” means an employment specified in the Schedule, or any process or
branch of work forming part of such employment;
(h) “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, 1[and includes house
rent allowance], but does not include—
(i) the value of—
(a) any house-accommodation, supply of light, water, medical attendance, or
(b) any other amenity or any service excluded by general or special order of the
appropriate Government;
(ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under
any scheme of social insurance;
(iii) any travelling allowance or the value of any travelling concession;
(iv) any sum paid to the person employed to defray special expenses entailed on him by the
nature of his employment; or
(v) any gratuity payable on discharge;
(i)“employee” means any person who is employed for hire or reward to do any work, skilled or
unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages
have been fixed; and includes an out-worker to whom any articles or materials are given out by another
person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise
processed for sale for the purposes of the trade or business of that other person where the process is to be
carried out either in the home of the out-worker or in some other premises not being premises under the
control and management of that other person; and also includes an employee declared to be an employee
by the appropriate Government; but does not include any member of the Armed Forces of the 2[Union].
