Page 119 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes under this Act; (g) "principal employer" menas– (i) in relation to any office or department
of the Government or a local authority, the head of that office or department or such other
officer as the Government or the local authority, as the case may be, may specify in this
behalf, (ii) in a factory, the owner or occupier of the factory and where a person has been
named as the manager of the factory under the Factories Act, 1948 (63 of 1948) the person
so named, (iii) in 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 any other establishment,
any person responsible for the supervision and control of the establishment. Explanation.
– For the purpose of sub-clause (iii) of this clause, the expressions "mine", "owner" and
"agent" shall have the meanings respectively assigned to them in clause (j), clause (l) and
clause (c) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952); (h) "wages" shall
have the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act,
1936 (4 of 1936); (i) "workman" means any person employed in or in connection with the
work of any establishment to do any skilled, semiskilled or un-skilled manual, supervisory,
technical or clerical work for hire or reward, whether the terms of employment be express
or implied, but does not include any such person – (A) who is employed mainly in a
managerial or administrative capacity; or (B) 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; or 504 (C) who is an out-worker, that is to say, a
person to whom any articles or materials are given out by or on behalf of the Principal
employer 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 the principal
employer and 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 the principal
employer.
(2) Any reference in this Act to a law which is not in force in the State of Jammu and
Kashmir shall, in relation to that State, be construed as a reference to the
corresponding law, if any, in force in that State.

3. Central Advisory Board: (1) The Central Government shall, as soon as may be, constitute
a board to be called the Central Advisory Contract Labour Board (hereinafter referred to
as the Central Board) to advise the Central Government on such matters arising out of the
administration of this Act as may be referred to it and to carry out other functions assigned
to it under this Act.

Did u know? The Central Board shall consist of–(a) a Chairman to be appointed by the
Central Government; (b) the Chief Labour Commissioner (Central), ex-officio; (c) such
number of members, not exceeding seventeen but not less than eleven, as the Central
Government may nominate to represent that Government, the Railways, the coal industry,
the mining industry, the contractors, the workmen and any other interests which, in the
opinion of the Central Government, ought to be represented on the Central Board.
(2) The number of persons to be appointed as members from each of the categories
specified in sub-section (2), the term of office and other conditions of service of, the
procedure to be followed in the discharge of their functions by, and the manner of
filling vacancies among, the members of the Central Board shall be such as may be
prescribed:

Provided that the number of members nominated to represent the workmen shall
not be less than the number of members nominated to represent the principal
employers and the contractors.

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