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16. Act not to apply to certain establishments. 1[(1)] This Act shall not apply - (a) to any establishment registered under the Co-operative Societies Act, 1912 (2 of 1912), or under any other law for the time being in force in any State relating to co-operative societies employing less than fifty persons and working without the aid of power; or 2[(b) to any other establishment belonging to or under the control of the Central Government or a State Government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any Scheme or rule framed by the Central Government or the State Government governing such benefits; or (c) to any other establishment set up under any Central, Provincial or State Act and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that Act governing such benefits 3[ * * * ]; 4[ * * * ] ] 5[(2) If the Central Government is of opinion that having regard to the financial position of any class of 6[establishments] or other circumstances of the case, it is necessary or expedient to do so, it may, by notification in the Official Gazette, and subject to such conditions, as may be specified in the notification, exempt 7[whether prospectively or retrospectively] that class of 6[establishments] from the operation of this Act for such period as may be specified in the notification.] Notes: 1. Substituted by Act 46 of 1960, s. 5, for sub-section (1) (w.e.f. 31-12-1960). 2. Substituted by Act 33 of 1988, s. 21, for clause (b) (w.e.f. 1-8-1988). 3. The word “or” omitted by Act 10 of 1998, s. 5 (w.e.f. 22-9-1997). 4. Clause (d) and the Explanation omitted by s. 5, ibid. (w.e.f. 22-9-1997). 5. Inserted by Act 37 of 1953, s. 15. 6. Substituted by Act 94 of 1956, s. 3, for “factories”. 7. Inserted by Act 33 of 1988, s. 21 (w.e.f. 1-8-1988).
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