The provisions of the Act not to apply to certain persons, shops and commercial establishment

§3

Summary

3. (1) The provisions of this Act shall have no application to (a) employees occupying positions of confidential, managerial or supervisory character in a shop or commercial establishment, wherein more than five employees are employed :Provided that the number of employees so exempted in a shop or commercial establishment shall not exceed ten percent of the total number of employees thereof ;(b) employees whose work is inherently intermittent, as in the case of a traveller or canvasser ;(c) offices of Government or local authorities ;(d) offices of the Reserve Bank of India ; 1[***](f) members of the family of an employer2[;]3[(g)shops or commercial establishment employing less than twenty employees.]. (2) A list of the employees referred to in clause (a) of subsection (1) shall be displayed at a conspicuous place in the shop or commercial establishment and a copy thereof shall be sent to the Inspector concerned.(3) The State Government may, in public interest, by notification in the Gazette, exempt, subject to such conditions as it may impose in this behalf, any shop or commercial establishment or any class of shops or commercial establishments from the operation of all or any of the provisions of this Act.(4) The State Government may, likewise by notification in the Gazette, withdraw in whole or in part, permanently, or for such period as may be specified, any exemption granted under sub-section (3).

3. (1) The provisions of this Act shall have no application to (a) employees occupying positions of confidential, managerial or supervisory character in a shop or commercial establishment, wherein more than five employees are employed : Provided that the number of employees so exempted in a shop or commercial establishment shall not exceed ten percent of the total number of employees thereof ; (b) employees whose work is inherently intermittent, as in the case of a traveller or canvasser ; (c) offices of Government or local authorities ; (d) offices of the Reserve Bank of India ; 1[***] (f) members of the family of an employer2[;] 3[(g)shops or commercial establishment employing less than twenty employees.]. (2) A list of the employees referred to in clause (a) of subsection (1) shall be displayed at a conspicuous place in the shop or commercial establishment and a copy thereof shall be sent to the Inspector concerned. (3) The State Government may, in public interest, by notification in the Gazette, exempt, subject to such conditions as it may impose in this behalf, any shop or commercial establishment or any class of shops or commercial establishments from the operation of all or any of the provisions of this Act. (4) The State Government may, likewise by notification in the Gazette, withdraw in whole or in part, permanently, or for such period as may be specified, any exemption granted under sub-section (3).

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