Section 2 — Definitions.

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— 

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[(i) “appropriate Government” means, in relation to railways, air transport services, mines and 

oilfields, the Central Government and, in relation to all other cases, the State Government;] 

                                                           
1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Schedule to Dadra and Nagar Haveli by 

Reg. 6 of 1963, s. 2 and the First Schedule to Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule and to Lakshadweep 

by Reg. 8 of 1965, s. 3 and the Schedule. 

2. Subs. by Act 38 of 1982, s. 2 for “persons employed in industry” (w.e.f. 15-10-1982). 

3. Subs. by the A.O. 1950, for sub-section (2). 

4. 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). 

5. 28th March 1937, see Gazette of India, 1937, Pt. I, pg. 626. 

6. Subs. by Act 38 of 1982, s. 3, for “factory and to persons” (w.e.f. 15-10-1982). 

7. Ins. by s. 3, ibid. (w.e.f. 15-10-1982). 

8. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005). 

9. Subs. by Act 68 of 1957, s. 2, for “the Act” (w.e.f. 1-4-1958.) 

10. Subs. by Act 38 of 1982, s. 3, for “any industrial establishment or in any class or group of industrial establishments”            

(w.e.f. 15-10-1982). 

11. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005). 

12. Subs. by Act 38 of 1982, s. 3, for the proviso (w.e.f. 15-10-1982). 

13. Subs. by Act 41 of 2005, s. 2, for sub-section (6) (w.e.f. 9-11-2005). 

14. Subs. by S.O. 2806 (E), dated 28-8-2017, for “eighteen thousand rupees”, see Gazette of India, Extraordinary, Part II, s. 3(ii). 
15. Ins. by s. 4, ibid. (w.e.f. 9-11-2005). 



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1
[

2
[(ia)]  “employed person” includes the legal representative of a deceased employed person; 

2
[(ib)] “employer” includes the legal representative of a deceased employer; 

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[(ic)]  “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 

(63 of 1948), and includes any place to which the provisions of that Act have been applied under        

sub-section (1) of section 85 thereof;] 

(ii) 
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[“industrial or other establishment” means] any— 

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[(a) tramway service, or motor transport service engaged in carrying passenger or goods or 

both by road for hire or reward; 

(aa) air transport service other than such service belonging to, or exclusively employed in the 

military, naval or air forces of the Union or the Civil Aviation  Department of the Government of 

India;] 

(b)  dock, wharf or jetty; 

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[(c) inland vessel, mechanically propelled;] 

(d)  mine, quarry or oilfield; 

(e) plantation; 

(f) workshop or other establishment in which articles are produced, adapted or manufactured, 

with a view to their use, transport or sale; 

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[(g) establishment in which any work relating to the construction, development or 

maintenance of buildings, roads, bridges or canals, or relating to operation connected with 

navigation, irrigation, development or maintenance of buildings, roads, bridges or mission and 

distribution of electricity  or any other form of power is being carried on;] 

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[(h) any other establishment or class of establishment which 

8
[appropriate Government] may, 

having regard to the nature thereof, the need for protection of persons employed therein and other 

relevant circumstances, specify, by notification in the Official Gazette;] 

9
[(iia) “mine” has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the 

Mines Act, 1952 (35 of 1952);] 

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[(iii) “plantation” has the meaning assigned to it in clause (f) of section 2 of the Plantations 

Labour Act, 1951 (69 of 1951);] 

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

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[(v) “railway administration” has the meaning assigned to it in clause (32) of section 2 of the 

Railways Act, 1989 (24 of 1989);] 

                                                           
1. Subs. by Act 53 of 1964, s. 3, for clause (i) (w.e.f. 1-2-1965). 

2. Clauses (i), (ia) and (ib) renumbered as clauses (ia), (ib) and (ic) thereof by Act 41 of 2005, s. 4 (w.e.f. 9-11-2005). 

3. Subs. by Act 38 of 1982, s. 4, for „ “industrial establishment” means‟ (w.e.f. 15-10-1982). 

4. Subs. by Act 53 of 1964, s. 3, for sub-clause (a) (w.e.f. 1-2-1965). 

5. Subs. by Act 68 of 1957, s. 3, for item (c) (w.e.f. 1-4-1958.) 

6. Ins. by s. 3, ibid. (w.e.f. 1-4-1958.) 

7. Ins. by Act 38 of 1982, s. 4 (w.e.f. 15-10-1982). 

8. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005). 

9. Ins. by Act 53 of 1964, s. 3 (w.e.f. 1-2-1965). 

10. Subs. by s. 3, ibid., for clause (iii) (w.e.f. 1-2-1965). 

11. Subs. by Act 41 of 2005, s. 4, for clause (v) (w.e.f. 9-11-2005). 



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[(vi) “wages” means all remuneration (whether by way of salary, allowances, or otherwise) 

expressed in terms of money or capable of being so expressed which would, if the terms 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, and includes— 

(a) any remuneration payable under any award or settlement between the parties or order of a 

Court; 

(b) any remuneration to which the person employed is entitled in respect of overtime work or 

holidays or any leave period; 

(c) any additional remuneration payable under the terms of employment (whether called a 

bonus or by any other name); 

(d) any sum which by reason of the termination of employment of the person employed is 

payable under any law, contract or instrument which provides for the payment of such sum, 

whether with or without deductions, but does not provide for the time within which the payment 

is to be made; 

(e)  any sum to which the person employed is entitled under any scheme framed under any 

law for the time being in force, 

but does not include— 

(1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part 

of the remuneration payable under the terms of employment or which is not payable under any award 

or settlement between the parties or order of a Court; 

(2) the value of any house-accommodation, or of the supply of light, water, medical attendance or 

other amenity or of any service excluded from the computation of wages by a general or special order 

of 
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[appropriate Government]; 

(3) any contribution paid by the employer to any pension or provident fund, and the interest 

which may have accrued thereon; 

(4) any travelling allowance or the value of any travelling concession; 

(5) any sum paid to the employed person to defray special expenses entailed on him by the nature 

of his employment; or 

(6) any gratuity payable on the termination of employment in cases other than those specified in 

sub-clause (d).]