Section 2: Definitions

2. Definitions.—In this Ordinance, unless there is anything repugnant in the subject or context,- (1) “appointed day” means, in relation to any area, class of persons, industries or establishments, the day on which this Ordinance is applied to such area or in respect of such class of persons, industries or establishments; (2) “appropriate Government” means in respect of any industry or establishment carried on by or under the authority of the 1[Federal Government], the 1[Federal Government], and in other cases the Provincial Government; (3) “casual employment” means employment (other than employment in construction work) which is not in the course of employer's ordinary trade or business and is normally expected to last less than three days; (4) “confinement” means labour resulting in the issue of a living child, or labour after twentysix weeks of pregnancy resulting in the issue of a child whether alive or dead; (5) “contribution” means the sum of money payable to the Institution by the 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 Ordinance; 1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. (6) “dependant” means the wife or a needy invalid husband and any of the unmarried children under the age of sixteen years dependant upon the insured person or the recipient of a disablement pension; (7) “Director-General” means the Director-General of the Institution; (8) “disablement” means such incapacity caused by employment injury as is certified by a medical practitioner authorized in accordance with the regulations to have permanently disabled or to be likely to permanently disable the insured person from earning from his usual or any other occupation more than ninety five percent of the average rate of earnings in his usual occupation, and disablement shall be “minor” where the loss of earning capacity ranges from five percent. to twenty percent and “partial” where the loss of earning capacity ranges from twenty percent to sixty six percent and “total” where the loss of earning capacity is in excess of sixty six percent.; (9) “employee” means any person working for wages in any industry, business, undertaking or establishment under any contract of service or apprenticeship, whether written or oral, express or implied, but does not include__ (a) persons in the service of the State, including members of the armed forces and railway servants; (b) persons employed in any undertaking under the control of any defence organization or railway administration; (c) persons in the service of a local council, a municipal committee, a cantonment board or any other local authority; (d) any person in the service of his father, mother, wife, son or daughter, or of her husband; (e) domestic servants; and (f) workmen employed in any factory, within the meaning of the Factories Act, 1934 (XXV of 1934), on wages exceeding five hundred rupees per mensem; (10) “employer” means, in the case of works executed or undertaking carried on behalf of the State, the contractor or licensee working for the State, and in every other case the owner of the industry, business, undertaking or establishment in which an employee works and includes the agent, manager and representative of the owner; (11) “employment injury” means a personal injury to an employee caused by accident or by an occupational disease to be specified in the regulations, arising out of and in the course of his employment; (12) “establishment” means an organization, public or private, industrial, commercial, agricultural or otherwise; (13) “Governing Body” means the Governing Body of the Institution; (14) “Institution” means the Employees' Social Insurance Institution established under section3; (15) “insurance area” means an area to which this Ordinance has been applied; (16) “insured person” means a person in respect of whom contributions are or were payable under this Ordinance; (17) “Medical Advisory Council” means the Medical Advisory Council established under section 12; (18) “member” means a member of the Governing Body; (19) “rescribed” means prescribed by rules; (20) “regulations” means regulations made under this Ordinance; (21) “rules” means rules made under this Ordinance; (22) “sickness” means a morbid condition which requires medical treatment and attendance; (23) “wages” means remuneration for services paid or payable in cash or in kind to an insured person under a contract of service or apprenticeship, express or implied, but does not include- (a) any sum paid to the person employed to defray special expenses entailed by the nature of his employment; or (b) any gratuity payable on discharge; or (c) any sum paid as bonus by the employer; and shall be deemed to include payment to an insured person in respect of any period of authorized leave, lockout or legal strike; (24) “week” means a period of seven days beginning with a specific weekly holiday. CHAPTER II ORGANIZATION

Effective date: 1962-01-01

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