law: Employees’ State Insurance Act, 1948
  2.
  
  Definitions
  In this Act, unless there is anything repugnant in the subject
  
  or context,-
  (1) "appropriate government" means, in respect of
  
  establishments under the control of the Central Government or 7[a
  
  railway administration] or a major port or a mine or oilfield, the Central
  
  Government, and in all other cases, the 8[State] Government;
   9  [(2) ***]
  (3) "confinement" means labor resulting in the issue
  
  of a living child or labor after twenty-six weeks of pregnancy resulting in the
  
  issue of a child whether alive or dead;
  (4) "contribution" means the sum of money payable to
  
  the Corporation by the principal employer in respect of an employee and
  
  includes any amount payable by or on behalf of the employee in accordance with
  
  the provisions of this Act;
   10  [(5)***]
  (6) "Corporation" means the Employees' State Insurance
  
  Corporation set up under this Act;
   11  [(6A) "dependant" means any of the following
  
  relatives of a deceased insured person, namely,-
  (i) a widow, a minor legitimate or adopted
  
  son, an unmarried legitimate or adopted 12[daughter;]
   14  [(ia) a widowed mother;]
  (ii) if wholly dependent on the earnings of
  
  the insured person at the time of his death, a legitimate or adopted son or
  
  daughter who has attained the age of eighteen years and is infirm;
  (iii) if wholly or in part dependent on the
  
  earnings of the insured person at the time of his death,-
  (a) a parent other
  
  than a widowed mother,
  (b) a minor illegitimate son, an unmarried
  
  illegitimate daughter or a daughter legitimate or adopted or illegitimate if
  
  married and a minor or if widowed and a minor,
  (c) a minor brother or an unmarried sister or
  
  a widowed sister if a minor,
  (d) a widowed daughter-in-law,
  (e) a minor child of a
  
  pre-deceased son,
  (f) a minor child of a pre-deceased daughter
  
  where no parent of the child is alive, or
  (g) a paternal grand-parent if no parent of
  
  the insured person is alive,]
  (7) "duly appointed" means appointed in accordance
  
  with the provisions sof this Act or with the rules or regulations made
  
  thereunder;
   13  [(8) "employment injury" means a personal injury
  
  to an employee caused by accident or an occupational disease arising out of and
  
  in the course of his employment, being an insurable employment, whether the
  
  accident occurs or the occupational disease is contracted within or outside the
  
  territorial limits of India;]
  (9) "employee" means any person employed for wages in
  
  or in connection with the work of a factory or establishment to which this Act
  
  applies and-
  (i) who is directly employed by the principal
  
  employer on any work of, or incidental or preliminary to or connected with the
  
  work of, the factory or establishment whether such work is done by the employee
  
  in the factory or establishment or elsewhere; or
  (ii) who is employed by or through an
  
  immediate employer on the premises of the factory or establishment or under the
  
  supervision of the principal employer or his agent on work which is ordinarily
  
  part of the work of the factory or establishment or which is preliminary to the
  
  work carried on in or incidental to the purpose of the factory or
  
  establishment; or
  (iii) whose services are temporarily lent or
  
  let on hire to the principal employer by the person with whom the person whose
  
  services are so lent or let on hire has entered into a contract of service;
   14  [and includes any person employed for
  
  wages on any work connected with the administration of the factory or
  
  establishment or any part, department or branch thereof or with the purchase of
  
  raw materials for, or the distribution or sale of the products of, the factory
  
  or establishment 15[or any person engaged as an apprentice, not
  
  being an apprentice engaged under the Apprentices Act, 1961, or under the
  
  standing orders of the establishment; but does not include ]]-
  (a) any member of 16[the
  
  Indian] naval, military or air forces; or
   17  [(b) any person so employed whose wages
  
  (excluding remuneration for overtime work) exceed 18[such wages as
  
  may be prescribed136 by the Central Government]]:
  PROVIDED  that an employee whose wages (excluding
  
  remuneration for overtime work) exceed 18[such wages as may be
  
  prescribed by the Central Government] at any time after (and not before) the
  
  beginning of the contribution period, shall continue to be an employee until
  
  the end of that period;]
  (10) "exempted employee" means an employee who is not
  
  liable under this Act to pay the employee's contribution;
   19  [(11) "family" means all or any of the following
  
  relatives of an insured person, namely,-
  (i) a spouse;
  (ii) a minor legitimate or adopted child
  
  dependent upon the insured person;
  (iii) a child who is wholly dependent on the
  
  earnings of the insured person and who is-
  (a) receiving education, till he or she
  
  attains the age of twenty-one years,
  (b) an unmarried
  
  daughter;
  (iv) a child who is infirm by reason of any
  
  physical or mental abnormality or injury and is wholly dependent on the
  
  earnings of the insured person, so long as the infirmity continues;
  (v) dependent parents;
  (12) "factory" means any premises including the
  
  precincts thereof-
  (a) whereon ten or more persons are employed
  
  or were employed for wages on any day of the preceding twelve months, and in
  
  any part of which a manufacturing process is being carried on with the aid of
  
  power or is ordinarily so carried on, or
  (b) whereon twenty or more persons are
  
  employed or were employed for wages on any day of the preceding twelve months,
  
  and in any part of which a manufacturing process is being carried on without
  
  the aid of power or is ordinarily so carried on.
  but does not include a mine subject to the operation of the
  
  Mines Act, 1952 or a railway running shed;]
  (13) "immediate employer", in relation to employees
  
  employed by or through him, means a person who has undertaken the execution, on
  
  the premises of a factory, or an establishment to which this Act applies or
  
  under the supervision of the principal employer or his agent, of the whole or
  
  any part of any work which is ordinarily part of the work of the factory or
  
  establishment of the principal employer or is preliminary to the work carried
  
  on in, or incidental to the purpose of, any such factory or establishment, and
  
  includes a person by whom the services of an employee who has entered into a
  
  contract of service with him are temporarily lent or let on hire to the
  
  principal employer 4[and includes a contractor];
   11  [(13A) "insurable employment" means an
  
  employment in a factory or establishment to which this Act applies;]
  (14) "insured person" means a person who is or was an
  
  employee in respect of whom contributions are or were payable under this Act
  
  and who is, by reason thereof, entitled to any of the benefits provided by this
  
  Act;
   11  [ (14A) "managing agent" means any person
  
  appointed or acting as the representative of another person for the purpose of
  
  carrying on such other person's trade or business, but does not include an
  
  individual manager subordinate to an employer;]
   4  [(14AA) "manufacturing process" shall have the
  
  meaning assigned to it in the Factories Act, 1948;]
  (14B) "mis-carriage" means expulsion of the contents
  
  of a pregnant uterus at any period prior to or during the twenty-sixth week of
  
  pregnancy but does not include any mis-carriage, the causing of which is
  
  punishable under the Indian Penal Code;]
  (15) "occupier" of the factory shall have the meaning
  
  assigned to it in the Factories Act, 1948];
   11  [(15A) "permanent partial disablement" means
  
  such disablement of a permanent nature, as reduces the earning capacity of an
  
  employee in every employment which he was capable of undertaking at the time of
  
  the accident resulting in the disablement:
  PROVIDED  that every injury specified in Part II of the
  
  Second Schedule shall be deemed to result in permanent partial disablement;
  (15B) "permanent total disablement" means such
  
  disablement of a permanent nature as incapacitates an employee for all work
  
  which he was capable of performing at the time of the accident resulting in
  
  such disablement:
  PROVIDED  that permanent total disablement shall be
  
  deemed to result from every injury specified in Part I of the Second Schedule
  
  or from any combination of injuries specified in Part II thereof where the
  
  aggregate percentage of the loss of earning capacity, as specified in the said
  
  Part II against those injuries, amounts to one hundred per cent or more;]
   4  [(15C) "power" shall have the meaning assigned
  
  to it in the Factories Act, 1948;]
  (16) "prescribed" means prescribed by rules under this
  
  Act;
  (17) "principal employer" means-
  (i) in a factory, the owner or occupier of the
  
  factory, and includes the managing agent of such owner or occupier, the legal
  
  representative of a deceased owner or occupier, and where a person has been
  
  named as the manager of the factory under 20[the Factories Act,
  
  1948]; the person so named;
  (ii) in any establishment under the control of
  
  any department of any government in India, the authority appointed by such
  
  government in this behalf or where no authority is so appointed, the head of
  
  the department;
  (iii) in any other establishment, any person
  
  responsible for the supervision and control of the establishment;
  (18) "regulation" means a regulation by the
  
  Corporation;
  (19) "Schedule" means a Schedule to this Act;
   4  [(19A) "seasonal factory" means a factory which is
  
  exclusively engaged in one or more of the following manufacturing processes,
  
  namely, cotton ginning, cotton or jute pressing, decortication of groundnuts,
  
  the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or
  
  any manufacturing process which is incidental to or connected with any of the
  
  aforesaid processes and includes a factory which is engaged for a period not
  
  exceeding seven months in a year-
  (a) in any process of blending, packing or
  
  repacking of tea or coffee; or
  (b) in such other manufacturing process as the
  
  Central Government may, by notification in the Official Gazette, specify;]
  (20) "sickness" means a condition which requires
  
  medical treatment and attendance and necessitates abstention from work on
  
  medical grounds;
  (21) "temporary disablement" means a condition
  
  resulting from an employment injury which requires medical treatment and
  
  renders an employee, as a result of such injury, temporarily incapable of 21[doing
  
  the work which he was doing prior to or at the time of the injury];
  (22) "wages" means all remuneration paid or payable,
  
  in cash to an employee, if the terms of the contract of employment, express or
  
  implied, were fulfilled and includes 11[any payment to an employee
  
  in respect of any period of authorized leave, lock-out, strike which is not
  
  illegal or lay -off and] other additional remuneration, if any, 22[paid
  
  at intervals not exceeding two months], but does not include-
  (a) any contribution paid by the employer to
  
  any pension fund or provident fund, or under this Act;
  (b) any traveling allowance or the value of
  
  any traveling concession;
  (c) any sum paid to the person employed to
  
  defray special expenses entailed on him by the nature of his employment; or
  (d) any gratuity payable on discharge.
   23  [(23) "wage period" in relation to an employee
  
  means the period in respect of which wages are ordinarily payable to him
  
  whether in terms of the contract of employment, express or implied or
  
  otherwise.]
   24  [(24) all other words and expressions used but not defined
  
  in this Act and defined in the Industrial Disputes Act, 1947, shall have the
  
  meanings respectively assigned to them in that Act.]