Tamil Nadu Labour Welfare Fund Act, 1972
No: 36 Dated: Dec, 06 1972
THE TAMIL NADU LABOUR WELFARE FUND ACT, 1972
(Tamil Nadu Act 36 of 1972)
An Act to provide for the constitution of a Fund for promoting the welfare of labour and for certain other matters connected therewith in the State of Tamil Nadu.
Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-third Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Labour Welfare Fcund Act,
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Board" means the Tamil Nadu Labour Welfare 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 art establishment for a period of 30 days during the period of 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
(b) who being employed in a supervisory capacity draws wages exceeding fifteen thousand 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; 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 establishment whom the Government may, by notification, declare to be an employee for the purposes of this Act;
(c) "employer" means a person who has the ultimate 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) a factory as defined in clause (m) of section 2 of the Factories 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 clause (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 section 2 of the Plantations Labour Act, 1951 (Central Act LXIX of 1951);
(iv) a catering establishment as defined in section 2(1) of the Tamil Nadu Catering Establishments Act, 1958 (Tamil Nadu Act XIII of 1958) which employs, or on any working day during the preceding twelve months employed, five or more than five persons.
(v) an establishment, including a society registered or deemed to be registered under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) and a charitable or other trust whether registered under any law applicable to such charitable or other trust or not, which carries on any business or trade or any work in connection therewith or ancillary thereto and which employs, or on any working day during the preceding twelve months employed, five or more persons but does not include an establishment (not being a factory) of the Central or any State Government;
(vi) any other establishment which the Government may, by notification, declare to be an establishment for the purposes of this Act;
Explanation. - For the purposes of this Act, where an establishment consists of different departments or has branches whether situate in the same place or in different places, all such departments or branches shall be treated as parts of the same establishment.
(e) "Fund" means the Labour Welfare Fund constituted under section 3;
(f) "Government" means the State Government;
(g) "Inspector" means an Inspector referred to in section 22;
(h) "Secretary" means the Secretary appointed under section 21;
(i) "unpaid accumulation" means all payments other than gratuity due to an employee but not paid to him within a period of three years from the date on which the payments became due whether before or after the commencement of this Act and the gratuity accrued to an employee after the commencement of this Act but not paid within a period of three years from the date of such accrual but does not include the amount of contribution, if any, paid by an employer to a provident fund established under the Employees' Provident Funds Act, 1952 (Central Act XIX of 1952);
(j) "wages" means all remuneration capable of being expressed in terms of money which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment, but does not include-
(i) 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 general or special order of the Government;
(ii) any contribution paid by the employer to any pension or provident fund or under any scheme of social insurance;
(iii) any travelling allowance or the value of any travelling concession;
(iv) any sum paid to the employee to defray special expenses entailed on him by the nature of his employment; or
(v) any gratuity payable on termination of employment.