Second Schedule

[See sections 2(26), 74(3), (5), 132 and 152(2)]

LIST OF PERSONS WHO ARE EMPLOYEES WITHIN THE MEANING OF

THE THIRD PROVISO TO CLAUSE (26) OF SECTION 2

The following persons are employees within the meaning of third proviso to

clause (26) of section 2 and subject to the said proviso, any person who is—

(i) employed in railways, in connection with the operation, repair or maintenance

of a lift or a vehicle propelled by steam or other mechanical power or by electricity or

in connection with the loading or unloading of any such vehicle; or

(ii) employed, in any premises wherein or within the precincts whereof a

manufacturing process as defined in clause (k) of section 2 of the Factories Act, 1948

(63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or

connected with any such manufacturing process or with the article made whether or

not employment in any such work is within such premises or precincts, and steam,

water or other mechanical power or electrical power is used; or

(iii) employed for the purpose of making, altering, repairing, ornamenting,

finishing or otherwise adapting for use, transport or sale any article or part of an

article in any premises; or

Explanation.—For the purposes of this clause, persons employed outside

such premises or precincts but in any work incidental to, or connected with, the work

relating to making, altering, repairing, ornamenting, finishing or otherwise adapting

for use, transport or sale of any article or part of an article shall be deemed to be

employed within such premises or precincts; or

(iv) employed in the manufacture or handling of explosives in connection with

the employer's trade or business; or

(v) employed, in any mine as defined in clause (j) of section 2 of the Mines

Act, 1952 (35 of 1952), in any mining operation or in any kind of work, incidental to or

connected with any mining operation or with the mineral obtained, or in any kind of

work whatsoever below ground; or

(vi) employed as the master or as a seaman of—

(a) any ship which is propelled wholly or in part by steam or other

mechanical power or by electricity or which is towed or intended to be towed by

a ship so propelled; or

(b) any sea going ship not included in sub-clause (a) provided with

sufficient area for navigation under sails alone; or

(vii) employed for the purpose of—

(a) loading, unloading, fuelling, constructing, repairing, demolishing,

cleaning or painting any ship of which he is not the master or a member of the

crew, or handling or transport within the limits of any port subject to the Ports

Act, 1908 (15 of 1908), or the Major Port Trusts Act, 1963 (38 of 1963), of goods

which have been discharged from or are to be loaded into any vessel; or

(b) warping a ship through the lock; or

(c) mooring and unmooring ships at harbour wall berths or in pier; or

(d) removing or replacing dry dock caissons when vessels are entering or

leaving dry docks; or

(e) the docking or undocking of any vessel during an emergency; or

(f) preparing splicing coir springs and check wires, painting depth marks

on lock-sides, removing or replacing fenders whenever necessary, landing of

gangways, maintaining life-buoys up to standard or any other maintenance

work of a like nature; or

(g) any work on jolly-boats for bringing a ship's line to the wharf; or

(viii) employed in the construction, maintenance, repair or demolition of—

(a) any building which is designed to be or is or has been more than one

storey in height above the ground or twelve feet or more from the ground level

to the apex of the roof; or

(b) any dam or embankment which is twelve feet or more in height from its

lowest to its highest point; or

(c) any road, bridge, tunnel or canal; or

(d) any wharf, quay, sea-wall or other marine work including any moorings

of ships; or

(ix) employed in setting up, maintaining, repairing or taking down any telegraph

or telephone line or post or any overhead electric line or cable or post or standard or

fittings and fixtures for the same; or

(x) employed, in the construction, working, repair or demolition of any aerial

ropeway, canal, pipeline or sewer; or

(xi) employed in the service of any fire brigade; or

(xii) employed upon a railway as defined in clause (31) of section 2 and

sub-section (1) of section 197 of the Railways Act, 1989 (24 of 1989), either directly or

through a sub-contractor, by a person fulfilling a contract with the railway

administration; or

(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway

Mail Service or as a telegraphist or as a postal or railway signaller, or employed in any

occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs

Department; or

(xiv) employed, in connection with operation for winning natural petroleum or

natural gas; or

(xv) employed in any occupation involving blasting operations; or

(xvi) employed in the making of any excavation for which explosives have been

used, or whose depth from its highest to its lowest point exceeds twelve feet; or

(xvii) employed in the operation of any ferry boat capable of carrying more than

ten persons; or

(xviii) employed on any estate which is maintained for the purpose of growing

cardamom, cinchona, coffee, rubber or tea; or

(xix) employed in the generating, transforming, transmitting or distribution of

electrical energy or in generation or supply of gas; or

(xx) employed in a lighthouse as defined in clause (d) of section 2 of the Indian

Lighthouse Act, 1927 (17 of 1927); or

(xxi) employed in producing cinematograph pictures intended for public

exhibition or in exhibiting such pictures; or

(xxii) employed in the training, keeping or working of elephants or wild

animals; or

(xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or

the transport of timber by inland waters, or the control or extinguishing of forests

fires; or

(xxiv) employed in operations for the catching or hunting of elephants or other

wild animals; or

(xxv) employed as a diver; or

(xxvi) employed in the handling or transport of goods in, or within the precincts

of,—

(a) any warehouse or other place in which goods are stored; or

(b) any market; or

(xxvii) employed in any occupation involving the handling and manipulation of

radium or X-rays apparatus, or contact with radioactive substances; or

(xxviii) employed in or in connection with the construction, erection, dismantling,

operation or maintenance of an aircraft as defined in section 2 of the Indian Aircraft

Act, 1934 (22 of 1934); or

(xxix) employed in horticultural operations, forestry, bee-keeping or farming by

tractors or other contrivances driven by steam or other mechanical power or by

electricity; or

(xxx) employed in the construction, working, repair or maintenance of a

tube-well; or

(xxxi) employed in the maintenance, repair or renewal of electric fittings in a

building; or

(xxxii) employed in a circus; or

(xxxiii) employed as watchman in any factory or establishment; or

(xxxiv) employed in any operation in the sea for catching fish; or

(xxxv) employed in any employment which requires handling of snakes for the

purpose of extraction of venom or for the purpose of looking after snakes or handling

any other poisonous animal or insect; or

(xxxvi) employed in handling animals like horses, mules and bulls; or

(xxxvii) employed for the purpose of loading or unloading any mechanically

propelled vehicle or in the handling or transport of goods which have been loaded in

such vehicles; or

(xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of

a local authority; or

(xxxix) employed on surveys and investigation, exploration or gauge or discharge

observation of rivers including drilling operations, hydrological observations and

flood forecasting activities, ground water surveys and exploration; or

(xl) employed in cleaning of jungles or reclaiming land or ponds; or

(xli) employed in cultivation of land or rearing and maintenance of live-stock or

forest operations or fishing; or

(xlii) employed in installation, maintenance or repair of pumping equipment

used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or

(xliii) employed in the construction, boring or deepening of an open well or

dug well, bore well, bore-cum-dug well, filter point and the like; or

(xliv) employed in spraying and dusting of insecticides or pesticides in

agricultural operations or plantations; or

(xlv) employed in mechanised harvesting and threshing operations; or

(xlvi) employed in working or repair or maintenance of bulldozers, tractors,

power tillers and the like; or

(xlvii) employed as artist for drawing pictures on advertisement boards at a

height of 3.66 metres or more from the ground level; or

(xlviii) employed in any newspaper establishment as defined in the Working

Journalists and Other Newspaper Employees (Conditions of Service) and

Miscellaneous Provisions Act, 1955 (45 of 1955) and engaged in outdoor work; or

(xlix) employed as sales promotion employee; or

(l) any other employee or class of employee employed in an establishment or

class of establishments to which the Employees' Compensation Act, 1923 (8 of 1923)

was applicable in any State immediately before the commencement of this Code.