2Application of Act
1[(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) 2[Save as otherwise provided in 3[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.
Download our fully-offline, High speed android app.- Click here
1. Subs. by Act 61 of 1988, s. 2, for the opening paragraph (w.e.f. 10-1-1989).
2. Subs. by Act 21 of 1972, s. 2, for "Nothing contained in this Act" (w.e.f. 1-6-1972).
3. Subs. by Act 53 of 1976, s. 2, for "section 5A" (w.e.f. 1-5-1976).
- 1 Short title, extent and commencement
- 2 Application of Act
- 3 Definitions
- 4 Employment of, or work by, women prohibited during certain periods
- 5 Right to payment of maternity benefit
- 5A Continuance of payment of maternity benefit in certain cases
- 5B Payment of maternity benefit in certain cases
- 6 Notice of claim for maternity benefit and payment thereof
- 7 Payment of maternity benefit in case of death of a woman
- 8 Payment of medical bonus
- 9 Leave for miscarriage, etc
- 9A Leave with wages for tubectomy operation
- 10 Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation
- 11 Nursing breaks
- 11A Creche facility
- 12 Dismissal during absence of pregnancy
- 13 No deduction of wages in certain cases
- 14 Appointment of Inspectors
- 15 Powers and duties of Inspectors
- 16 Inspectors to be public servants
- 17 Power of Inspector to direct payments to be made
- 18 Forfeiture of maternity benefits
- 19 Abstract of Act and rules thereunder to be exhibited
- 20 Registers, etc
- 21 Penalty for contravention of Act by employer
- 22 Penalty for obstructing Inspector
- 23 Cognizance of offences
- 24 Protection of action taken in good faith
- 25 Power of Central Government to give directions
- 26 Power to exempt establishments
- 27 Effect of laws and agreements inconsistent with this Act
- 28 Power to make rules
- 29 Amendment of Act 69 of 1951
- 30 Repeal