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Employees' Provident Funds and Miscellaneous Provisions Act,1952

Act No : 19


Section : Act not to apply to certain establishments.

16. Act not to apply to certain establishments.- 4*[(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 5*[ (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; or (d) to any other establishment newly set up, until the expiry of a period of three years from the date on which such establishment is, or has been, set up.] Explanation--For the removal of doubts, it is hereby declared that an establishment shall not be deemed to be newly set up merely by reason of a change in its location.] --------------------------------------------------------------------- 1. Subs. by Act 37 of 1953, s. 14, for certain words. 2. Subs. by Act 94 of 1956, s. 3, for "a factory". 3. Subs. by s. 3, ibid., for "factory". 4. Subs. by Act 46 of 1960, s. 5, for the former sub-section (1) (w.e.f. 31-12-1960). Formerly s. 16 was re-numbered as sub-section (1) of that section by Act 37 of 1953, s. 15. 5. Subs. by Act 33 of 1988, s. 21 (w.e.f. 1-8-1988). 318E 1*[(2) If the Central Government is of opinion that having regard to the financial position of any class of 2*[establishments] or other circumstances of the case, it is necessary or expedient so to do, it may, by notification in the Official Gazette, and subject to such conditions as may be specified in the notification, exempt 3*[ whether prospectively or retrospectively] that class of 2*[establishments] from the operation of this Act for such period as may be specified in the notification.]


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