Section 2. Application of Act.

^4[(1) It applies, in the first instance,—

(a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;

(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:]

Provided that the State Government may, with the approval of the Central Government, after giving not less than two months’ notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.

(2) ^5[Save as otherwise provided in ^6[sections 5A and 5B], nothing contained in this Act] shall apply to any factory or other establishment to which the provisions of the Employees’ State Insurance Act, 1948 (34 of 1948), apply for the time being.

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

Page 2

1. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
2. 1st November, 1963, vide notification No. S.O. 2920 (E), dated 5th October, 1963, see Gazette of India, Extraordinary,Part II, sec. 3 (ii).
3. Subs. by Act 52 of 1973, s. 2, for clause (a) (w.e.f. 1-3-1975).
4. Subs. by Act 61 of 1988, s. 2, for the opening paragraph (w.e.f. 10-1-1989).
5. Subs. by Act 21 of 1972, s. 2, for “Nothing contained in this Act” (w.e.f. 1-6-1972).
6. Subs. by Act 53 of 1976, s. 2, for “section 5A” (w.e.f. 1-5-1976).
7. Ins. by Act 52 of 1973, s. 4 (w.e.f. 1-3-1975).

Page 3

1. Ins. by Act 6 of 2017, s. 2 (w.e.f. 1-4-2017).
2. Subs. by Act 52 of 1973, s. 4, for clause (e) (w.e.f. 1-3-1975).
3. The word “or” omitted by Act 61 of 1988, s. 3 (w.e.f. 10-1-1988).
4. Ins. by s. 3, ibid. (w.e.f. 10-1-1988).
5. Ins. by Act 29 of 1995, s. 2 (w.e.f. 1-2-1996).

Page 4

1. Subs. by Act 29 of 1995, s. 3, for “or her miscarriage” (w.e.f. 1-2-1996).
2. Subs. by Act 61 of 1988, s. 4, for the opening paragraph (w.e.f. 10-1-1989).
3. Subs. by s. 4, ibid., for “or one rupee a day, whichever is higher.” (w.e.f. 10-1-1989).
4. Subs. by s. 4, ibid., for “one hundred and sixty days” (w.e.f. 10-1-1989).

Page 5

1. Subs. by Act 61 of 1988, s. 4, for “one hundred and sixty days” (w.e.f. 10-1-1989).
2. Subs. by, s. 4, ibid., for the days for which she has been laid off” (w.e.f. 10-1-1989).
3. Subs. by s. 4, ibid., for sub-section (3) (w.e.f. 10-1-1989).
4. Subs. by Act 6 of 2017, s. 3 for ‘‘twelve weeks of which not more than six weeks’’ (w.e.f. 1-4-2017).
5. Ins. by s. 3, ibid (w.e.f. 1-4-2017).
6. Subs. by s. 3, ibid., for “Provided that” (w.e.f. 1-4-2017)
7. Subs. by Act 61 of 1988, s. 4, for the second proviso (w.e.f. 10-1-1989).
8. Subs. by Act 6 of 2017, s. 3 for “Provided further that” (w.e.f. 1-4-2017).
9. Ins. by, s. 3, ibid (w.e.f. 1-4-2017).10. Ins. by Act 21 of 1972, s. 3 (w.e.f. 1-6-1972).11. Ins. by Act 53 of 1976, s. 3 (w.e.f. 1-5-1976).

Page 6

1. Subs. by Act 61 of 1988, s. 5, for sub-section (4) (w.e.f. 10-1-1989).
2. Subs. by Act 15 of 2008, s. 2, for section 8 (w.e.f. 15-4-2008).
3. Subs. by Act 29 of 1995, s. 4, for section 9 (w.e.f. 1-2-1996).
4. Ins. by s. 5, ibid. (w.e.f. 1-2-1996).

Page 7

1. Subs. by Act 29 of 1995, s. 6, for “or miscarriage” (w.e.f. 1-2-1996).
2. Ins. by Act 6 of 2017, s. 4 (w.e.f. 1-7-2017).
3. Subs. by Act 61 of 1988, s. 7, for clause (b) (w.e.f. 10-1-1989).

Page 8

1. Subs. by Act 61 of 1988, s. 8, for sub-sections (1) and (2) (w.e.f. 10-1-1989).
2. Subs. by s. 8, ibid., for sub-section (5) (w.e.f. 10-1-1989).

Page 9

1. Subs. by Act 61 of 1988, s. 9, for section 21 (w.e.f. 10-1-1989).
2. Subs. by s. 10, ibid., for “which may extend to three months, or with fine which may extend to five hundred rupees”(w.e.f. 10-1-1989).
3. Subs. by s. 11, ibid., for section 23 (w.e.f. 10-1-1989).

Page 10

1. Subs. by Act 52 of 1973, s. 5, for certain words (w.e.f. 1-3-1975).