(1) The provisions of this Act shall not apply to any precinct or premises of a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (XXV of 1952).
(2) Notwithstanding anything contained in this Act, the provisions thereof specified in the third column of the Schedule shall not apply to the establishment, employees and other persons referred to in the corresponding entry in the second column :
Provided that the State Government may, by notification, add to, omit or alter any of the entries in the Schedule in respect of one or more areas of the State and on the publication of such notification, the entries in either column of the Schedule shall be deemed to be amended accordingly.
Comments & Case-law [The proviso to section (2) does not confer power on the State Government to issue a notification amending the “Schedule” appended to the Act, with retrospective effect. The word “deemed” in the aforesaid cannot be construed so as to confer such power on the State Government, which is only a “subordinate authority”. State Bank of India v. State of Bihar, 1990 (2) PLJR 336.
The provisions of sub-section (2) of section 4 (as amended) contain a non-obstante clause and by virtue of the deeming provision contained therein have come into effect immediately on enactment and are to affect all proceedings pending on 13.8.1985. In view of this as a result of Notification No. 10/86, issued by the State Government, from the date of publication of the Notifications the provisions of this Act will not be applicable to all establishments and branches of Public Sector Banks situated in the State of Bihar. State Bank of India v. State of Bihar, 1995 (1) PLJR 81.
16 | Bihar Shops & Establishments Act, 1953 | Secs. 5-7 Section 4 of the Act deals with the establishments which are exempted from any one or more of the provisions of the Act. Popular Nursing House v. State of Bihar, 1995 (1) PLJR 750]