Keyword(s):
Establishment, Fund, Unpaid Accumulation
An Act to provide for the constitution of a Fund for pro-
moting the weIfae of labour and for certain other matters
connected therewith in the State of Tamil Nadu.
BEit enacted by the Legislature of the State of Tamil Nadu
in the Twenty-third Year of the Republic of India as
follows :-
I
extent and
commenwmmt.
(2) It extends to the whole of the State of Tamil
I
1
I
Welfare Eund Act, 1972.
1 Nadu.
- (1) This Act may be called the Tamil Nadu Labour Short title,
(3) It shall come into force on such date as the
Government may, by notification, appoint. - In this Act, unless the context otherwise requires,- Dtfinitioas.
(a) “Board ” means the Tamil Nadu Labour Wela
fare Board established under section 4 ;
(b) “employee “means-
(i) any person who is employed for hire or reward
to do any work skilled or unskilled, manual, supervisory,
clerical or technical in an establishment for a period of
30 days during the period of l[the preceding twelve months]
whether the terms of employment be express or implied,
but does not include any person-
(a) who is employed mainly in a managerial
capacity ;or
Th:se words were substituted for the figures and word “12
months by section 2 (i) (a) of the Tamil Nadu Labour Welfare
Fund (Amendment) Act, 1982 (Tamil Nadu Act 37 of 1982).
- For Statement of Objects and Reasons, see Tamil Nadu
Government Gczette Extraordi~ary,dated the 2nd February 1972,
Part IV-Section 3, Pages 26-27.152 Labour WelfareFund
[I972:T.N. Act 36
(b) who being employed ih a supervisory capa-
city draws wages exceeding l[Rs. 1,0001 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
(c) who is employed as an apprentice or on
part-time basis.
Explanation.-An apprentice means 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 behalf
by the Government ;and
(ii) any other person employed in any establish-
ment whom the Government may, by notification, decla~e
to be an employee for the purposes of this Act;
(c) “employer ” means a person who has the ulti-
mate control over the affairs of the establishment and
where the said affairs are entrusted to any other person
whether called a manager, managing director, managing
agent, superintendent or by any other name, such other
person ;
(d) “establishment “means- I
(i) a factory as defined in clause (m) of section 2 of
the Eactories Act, 1948 (Central Act LXIII of 1948),.or
any place which is deemed to be a factory under sub-section
(2) of section 85 of that Act ;
(ii) a motor transport undertaking as defined
in dasse (g) of section 2 of the Motor Transport Workers
Act, 1961 (Central Act 27 of 1961) ;
(iii) a plantation as defined in clause (f) of section2
of the Plantations Labour Act, 1951 (Central Act LXIX
I
of 1951) ;
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(iv) a catering establishment as dehed in
section 2 (1) of the Tamil Nadu Catering Establishmants
Act, 1958 (Tamil Nadu Act XI11 of 1958)a[which employs,
or on any working day during the preceding twelve months ,
employed, five or more than five persons] ;
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