Section 2 — Definitions.

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a) “appropriate Government” means,— 

(i) in relation to— 

(1) any establishment pertaining to any industry carried on by or under the authority of 

the Central Government or pertaining to any such controlled industry as may be specified 

in this behalf by the Central Government; or 

(2) any establishment of any railway, Cantonment Board, major port, mine or oil-field; or 

(3) any establishment of a banking or insurance company, 

the Central Government; 

(ii) in relation to any other establishment, the Government of the State in which that 

other establishment is situated; 

(b) “contractor”, in relation to an establishment, means a person who undertakes (whether as an 

independent contractor, agent, employee or otherwise) to produce a given result for the establishment, 

other than mere supply of goods or articles of manufacture to such establishment, by the employment 

of workmen or to supply workmen to the establishment, and includes a sub-contractor, Khatadar, 

Sardar, agent or any other person, by whatever name called, who recruits or employs workmen; 

(c) “controlled industry” means any industry the control of which by the Union has been declared 

by any Central Act to be expedient in the public interest; 

                                                           
1. 2nd October, 1980, vide notification No. G.S.R. 513(E), dated 11th August, 1980, see Gazette of India, Extraordinary, Part II, 

sec. 3(i). 



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(d) “establishment” means— 

(i) any office or department of the Government or a local authority; or 

(ii) any place where any industry, trade, business, manufacture or occupation is carried on; 

(e) “inter-State migrant workman” means any person who is recruited by or through a contractor 

in one State under an agreement or other arrangement for employment in an establishment in another 

State, whether with or without the knowledge of the principal employer in relation to such 

establishment; 

(f) “prescribed” means prescribed by rules made under this Act; 

(g) “principal employer” means,— 

(i) in relation to any office or department of the Government or a local authority, the head of 

that office, department or authority or such other officer as the Government or the local authority, 

as the case may be, may specify in this behalf; 

(ii) in relation to 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 relation to 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 relation to any other establishment, any person responsible for the supervision and 

control of the establishment. 

Explanation.—For the purposes 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) “recruitment” includes entering into any agreement or other arrangement for recruitment and 

all its grammatical variations and cognate expressions shall be construed accordingly; 

(i) “wages” shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of 

Wages Act, 1936 (4 of 1936); 

(j) “workman” means any person employed in or in connection with the work of any 

establishment to do any skilled, semi-skilled or unskilled, 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— 

(i) who is employed mainly in a managerial or administration capacity; or 

(ii) 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. 

(2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, 

be construed as a reference to the corresponding law, if any, in force in that area. 

CHAPTER II 

REGISTRATION OF ESTABLISHMENTS EMPLOYING INTER-STATE MIGRANT WORKMEN