Section 2. Definitions.

In this Act, unless the context otherwise requires,—

(a) “establishment” means an establishment engaged in pharmaceutical industry or in any notified industry;

(b) “notified industry” means an industry declared as such under section 3;

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

2[(d) “sales promotion employees” means any person by whatever name called (including an apprentice) employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business, or both, but does not include any such person—

(i) who, being employed or engaged in a supervisory capacity, draws wages exceeding sixteen hundred rupees per mensem; or

(ii) who is employed or engaged mainly in a managerial or administrative capacity.

Explanation.—For the purposes of this clause, the wages per mensem of a person shall be deemed to be the amount equal to thirty times his total wages (whether or not including, or comprising only of, commission) in respect of the continuous period of his service falling within the period of twelve months immediately preceding the date with reference to which the calculation is to be made, divided by the number of days comprising that period of service;]

(e) all words and expressions used but not defined in this Act and defined in the Industrial Disputes Act, 1947 (14 of 1947), shall have the meanings respectively assigned to them in that Act.

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 2

  • 1. 6th March, 1976, vide notification No. S.O. 176(E), dated 6th March, 1976, see Gazette of India, Extraordinary,Part II,sec. 3(ii).
  • 2. Subs. by Act 48 of 1986, s. 2, for clause (d) (w.e.f. 6-5-1987).

Page 3

  • 1. Section 4 renumbered as sub-section (1) thereof by Act 48 of 1986, s. 3 (w.e.f. 8-3-1976).
  • 2. The words and brackets “drawing wages (being wages, not including any commission)” omitted by s. 3, ibid. (w.e.f. 8-3-1976).
  • 3. Ins. by s. 3, ibid. (w.e.f. 8-3-1976).
  • 4. Sub-section (2) shall stand omitted (date to be notified) by Act 46 of 1982, s. 2.

Page 4

  • 1. Ins. by Act 48 of 1986, s. 4 (w.e.f. 6-5-1987).

Page 5

  • 1. Ins. by Act 69 of 1982, s. 2 (w.e.f. 13-11-1982).
  • 2. Ins. by Act 48 of 1986, s. 5 (w.e.f. 8-3-1976).
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