Keyword(s):
Employee, Employer, Unpaid Accumulations, Wages
AN ACT TO PROVIDE FOR THE CONSTITUTION OF A FUND FOR THE
FINANCING OF ACTIVITIES TO PROMOTE WELFARE OF LABOUR
IN THE STATE OF ORISSA AND FOE THE ESTABLISHMENTOF
BOARD FOR CONDUCTING SUCH ACTIVITIES AND FOR
MATERS CONNECTED THEREWITH OR
INCIDENTAL THERETO
BEit enacted by the Legislature of the State of Orissa in the Fifty-sixlh
Year of the Republic of India as follows :-
short title 1. (I)This Act may be called the Orissa Labour Welfare FundAct, 2005.
and
commence-
(2)It shall come info force on such date as the State Government may,
men[, by notificalion,appoint.
Definitions. 2. In !his Act, unless the context otherwise requires,-
(a) “Board”means the Orissa Labour Weltare Board establisheaunder
Section 4 ;
(b) “Employeenmeans-
(0 any person who iqemployed for hire or reward to do any work,
skilled or unskilled, manual, supervisory, clericalor technical, in
an establishmentfor a period of thirty day; during the periodol
twelve months, whether the terms of employment beexpressed
or implied, but does not include any person-
(a) who is employed mainly in a managerialcapacity ;or
(b) who, being employed in a supervisory capacity, exercises either by
the nature of Ihe dulies atlached to the office or by reason of the
powers vested in him functionsmainly of a managerial nature ;or
(c) who is employed as an apprenlice or on part-timebasis.
Explanation- An apprenticemeans a person who according to the
Certified Standing Orders applicable to the establishment is an
apprentice or who is declared to be an apprentice by the authority
specified in this behall by the Government ;and
(ii) any other person employed in any establishment whom the
Government may by notificalion,declare to be an employee for
the purposesof thisAcl ;
(c) “employer” meansany personwho employs either directly or through
another personeither on behalf of himself or any other person, one
or more ernptoyees in an establishment and includes-
(i) in a factory, any person named under clause (f) of sub-section 63 of ,w8,
(1) of Section 7 of the FactoriesAct, 1948 as the manager ;
‘For the B1. see Orissa Gazelle. Extraordinary,daled Ihe 20th March, 1996 {No.298).
141(id inany establishment, any personresponsibletothe owner lorthe
supe~isionand control of the employees or for the paymenl of
wages ;
0
(d)”establishmenP’rneans-
(i) a factory as defined in clause (m) of seclion 2 of Ihe Factories
Act, 1948 ;
lii) a motor transport undertakingas defined in clause (g)of section 2
ofthe Motor Transport Workers Act, 1961;
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