(1) It applies in the first instance, to every establishment being a factory, mine or plantation 4[including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances]:
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 1 Received the assent of the President on the 12th. December, 1961 and published in the Gazette of India, Extraordinary, dated 13th. December 1961. For Statement of Objects and Reasons see Gazette of India, Extraordinary, Part II, dated 6th. December 1960.
2 Words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, Sec. 2 and Sch.
3 Subs. by Act 52 of 1973, Sec. 2, w.e.f. 1-3-1975 – Vide notification No. S.O. 113A (E), dated 27-2-1975.
4 Subs. by Aci 52 of 1973, S.3.
In the official on 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) 5[Save as otherwise provided in 6[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 (84 of 1948), apply for the time being.