Rule 2. Definitions

(1) In these rules, unless the subject or context otherwise requires,-(a) “Appendix” means the Appendix as appended to these rules;

(b) “approved” means approved in writing by the ‘Chief Inspector-cum-Facilitator or the Officer or the Licensing Authority’ notified by the State Government in this regard, as the case may be;

(c) “Authority” means and include committees as designated, by notification, by the State Government under different sections of the Code;

(d) “Appellate officer” means the officer notified by the State Government under section 4 of the Code.

(e) “Appellate authority” means the Appellate authority as prescribed by the State Government under sub-section (6) of section 119 of the Code;

(f) “Apprentice” means an apprentice as defined under clause (aa) of section 2 of the Apprentices Act, 1961(Act no. 52 of 1961);

(g) “belt” includes any driving strap or rope;

(h) “Board” means the Board constituted under section 17 of the Code;

(i) “Calendar Year” means the period of twelve months beginning with the first day of January ;

(j) “Chief Inspector-cum-Facilitator” means Chief Inspector-cum-Facilitator of Uttar Pradesh for establishments as appointed by the State Government through notification:

Provided that for the purpose of factories and for the provisions related with health, safety and welfare of employees/workers under the Code and rules made thereunder, Chief Inspector-cum-Facilitator shall be the person appointed as Director of Factories for Uttar Pradesh;

(k) “Chief Medical Officer” means any person appointed as Chief Medical Officer by the State Government;

(l) “continuous process” means a process in a factory or a part of factory wherein the process is carried on in as declared in Schedule-II;

(m) “child” shall have the same meaning as assigned to it in Clause (ii) of section 2 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (Act no. 61 of 1986);

(n) “Code” means the Occupational Safety, Health and Working Conditions Code, 2020 (Act no. 37 of 2020);

(o) “degrees” (of temperature) means degrees on the centigrade scale;

(p) “Designated Authority” means a Gazetted Officer/ Committee of the State Government appointed for the purpose of section 46 and sub-section (1) of section 119 of the Code;

(q) "Director of Factories” means any person appointed as Director of Factories by the State Government, as per "the Uttar Pradesh Labour Department (Factories and Boilers Disvision) Officers Service Rules, 1980" as amended from time to time;

(r) “electronically” means and includes maintaining efficient and transparent payroll software so that the requisite information may be seen in a systematic manner for the purposes of attendance register, muster roll, leave register, over time register or wages register, etc;

(s) “Form” means the form appended to these rules;

(t) “fumes” includes gas and vapour;

(u) “hazardous substances” means the chemicals as defined in clause (e) of rule 2 of the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 or any other such substance which the State Government or the Central Government may notify from time to time;

(v) “Hazardous waste” means the hazardous waste as defined in clause (17) of sub-rule (1) of rule 3 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016;

(w) “Home worker” means a person who is given raw material by employer or a contractor for makeup beedis at home.

(x) “Labour Commissioner” means any person appointed as Labour Commissioner of Uttar Pradesh by the State Government;

(y) “Licencing Authority” means the authority as appointed under various sections of the Code by the State Government;

(z) “Licencing Officer” is the authority as appointed under various sections of the Code by the State Government;

(aa) “Major Accident Hazard (MAH) installation” means as defined in rule 2 (ja) of Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989;

(bb) “Manager” means a person nominated or appointed by the employer of an establishment for the purposes of the Code and rules made thereunder and the person by his position possesses the administrative control over the affairs entrusted with;

(cc) “National Standards” means standards as approved by the Bureau of Indian Standards and in the absence of such standards, the standards approved by the State Government for a specific purpose;

(dd) “Other Apprentice” means a person who is undergoing any contractual training under a contract with the employer other than one under Apprentices Act,1961;

(ee) “Other Establishment” means establishment other than Contract Labour, Inter-state migrant workers , Audio-visual workers, Beedi and cigar workers , Building and Other Construction workers, Factories, Planation.

(ff) “Part Time Worker/Employee” means a person who works for less than half of a normal days work under the Code;

(gg) “Portal” means official web-portal of Labour Department, Government of Uttar Pradesh;

(hh) “Public Health Authority” means the Local Health Officer having jurisdiction over the area;

(ii) “Qualified Nurse” means a person who possesses a qualification in nursing recognized under the Indian Nursing Council Act, 1947, and who is registered with the Uttar Pradesh Nurses and Midwives Council, or otherwise, or a similar registered body of any other State in India;

(jj) “Quarter” means a period of three consecutive months beginning from the 1st of January, the 1st of April, the 1st of July or the 1st of October;

(kk) “Registering Officer” means the Registering Officer appointed by the State Government for the purpose of section 3 of the Code and these rules;

(ll) “Section” means the section of the Code;

(mm) Standard Operating Procedures (Safety)” means the practice followed for the safety and health of workers and safe operation of machinery, process and equipment used in such practices and such practices conform to all or any of the following, namely:-1. relevant standards approved by the Bureau of Indian Standards or International Standards; 2. National Building Code; 3. manufacturers instruction on safe use of equipment and machinery; 4. Code of practice on safety and health practices published by International Labour Organisation and amended from time to time.

(2) All the words and expressions used in these rules and are not defined shall have the meaning respectively assigned to them under the Code.