Definitions

Section 2 of the Goa, Daman and Diu Shops and Establishments Act, 1973 deals with definitions. In this Act, unless the context otherwise requires: - (1) "apprentice" means a person who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft or employment in any establishment;

In this Act, unless the context otherwise requires: - (1) "apprentice" means a person who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft or employment in any establishment; 1[(1-A) .- "bank" means establishments belonging to any nationalized, scheduled or co-operative bank;] (2) "child" means a person who has not completed his "[fourteenth ] year of age; JE (3) "closed" means not open, for the service of any customer, or for any trade or business or for any other purpose connected with the establishment except loading, unloading and annual stock-taking;

(4) "commercial establishment" means any establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes- (a) a society registered under the Societies Registration Act, 1860 (Central Act XXI of 1860) or charitable or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with, or incidental or ancillary to, such business trade or profession;

(b) an establishment which carries on the business of advertising, commission agency, forwarding or commercial agency or which is a clerical department of a factory or of any industrial or commercial undertaking;

(c) an insurance company, Joint Stock Company, 3[ ] broker's office or exchange; and (d) any other establishment which the Government may notify to be a commercial establishment, but does not include a factory, shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. 1 Inserted by the Amendment Act 33 of 2001. 2 Substituted in place of word "twelfth" by the Amendment Act 21 of 1995. 3 The words "bank" omitted by the Amendment Act 33 of 2001.

(5) "day" means a period of twenty-four hours beginning at mid-night, except that in the case of an employee, whose hours of work extend beyond midnight, day means the period of twenty-four hours beginning from the time when such employment commences;

(6) "dependent" means in relation to a deceased employee, his nominee or in the absence of such nominee, his heir or legal representative;

(7) "employee" means a person wholly or principally employed in, and in connection with, any establishment, and includes an apprentice or any clerical or other staff of a factory or industrial establishment which falls outside the scope of the Factories Act, 1948 (Central Act 63 of 1948); but does not include the husband, wife, son, daughter, father, mother, brother, sister or dependent relative of an employer or his partner, who is living with and depending upon such employer or partner and is not in receipt of any wages;

(8) "employer" means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes the manager, agent or other person acting in the general management or control of an establishment;

(9) "establishment" means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment 4[and a bank] to which this Act applies and includes such other establishment as the Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of the Act;

(10) "factory" means factory within the meaning of the Factories Act, 1948 (Central Act 63 of 1948); 5[(10A) 'Gada' means an establishment mounted on wheels, whether moving or stationary and constructed by using either wood or metal sheets or both and managed by the owner himself or a member of his family or a dependent and the value of the goods stored therein, on any particular day, for the purpose of trading does not exceed Rs. 5000/ -.

Explanation .- For the purpose of valuation of the goods, the Inspector shall be competent to make an assessment thereof and for this purpose he may take into consideration the valuation made, if any, by any local authority.] (11) "goods" includes all materials, commodities and articles;

(12) "Government" means the Administrator of the Union territory of Goa, Daman and Diu appointed under article 239 of the Constitution;

(13) "gratuity" means the gratuity payable under section 39;

(14) "Inspector" means an Inspector appointed under section 49; 4 Inserted by the Amendment Act 33 of 2001. 5 Inserted by the Amendment Act 2 of 1984.

(15) "notification" means a notification published in the Goa, Daman and Diu Government Gazette;

(16) "opened" means opened for the service of any customer or for any trade or business connected with the establishment;

(17) "periods of work" means the time during which an employee is at the disposal of the employer;

(18) "prescribed" means prescribed by rules made under this Act;

(19) "residential hotel" means any premises used for the reception of guests and travellers desirous of dwelling or sleeping therein and includes a club;

(20) "restaurant" or "eating house" means any premises in which is carried on wholly or principally the business of supplying meals or refreshments to the public or a class of the public for consumption on the premises and includes a Halwai shop but does not include a restaurant attached to a theatre or restaurant or a canteen attached to a factory if the persons employed therein are allowed the benefits provided for workers under the Factories Act, 1948 (Central Act 63 of 1948);

(21) "shop" means any premises where goods are sold, either by retail or wholesale or both or where services are rendered to customers and includes an office, store-room, godown, ware-house, sale depot and work-place, whether in the same premises or elsewhere, used mainly in connection with such trade or business, but does not include a factory, commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (Central Act 63 of 1948) ;

(22) "spread over" means the period between the commencement and termination of work of an employee on any day;

(23) "theatre" includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of cinematograph or other suitable apparatus or for dramatic or circus performances or for any other amusement or entertainment;

(24) "wages" means every remuneration, whether by way of salary, allowances, or otherwise expressed in terms of money or capable of being so expressed which would, if the term of employment, express or implied were fulfilled, be payable to an employee in respect of his employment or of work done in such employment, and includes- - (a) any remuneration payable under any settlement between the parties or order of a tribunal or court;

(b) any remuneration to which the employee 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 employee is payable under any law, contract or instrument which provides for the payment of such sums, 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 employee is entitled under any scheme framed under any law for the time being in force, but does not include - (i) 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;

(ii) 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 the Government;

(iii) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;

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

(v) any sum paid to the employee to defray special expenses incurred by him on account of the nature of his employment; or (vi) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d) ;

(25) "week" means a period of seven days beginning at midnight on Saturday;

(26) "young person" means a person who is not a child but has not completed eighteen years of age.

Section 2, The Goa, Daman and Diu Shops and Establishments Act, 1973 (Act 13 of 1974).