(1) Nothing in this Act shall apply to –
(a) persons occupying positions of management and declared as such under clause (a) of sub-section (2) of section 6 or employed in a confidential capacity not exceeding ten percent of the total number of the employees in the establishment or three in number, whichever is less;
(b) persons whose work is inherently intermittent such as traveler, canvasser , a watch man or a caretaker;
(c) persons exclusively engaged in preparatory or complementary work, such as clearing or forwarding clerks, responsible for the dispatch of goods by rail or other means of communication and for customs formalities or messengers;
(d) persons exclusively employed in the collection, delivery or conveyance of goods;
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(e) offices of Union or State Government or of local authorities and of the Reserve Bank of India, the State Bank of India and the Life Insurance Corporation ;
(f) establishment for the treatment or the care of the sick, in firm, destitute or mentally unfit;
(g) bazars, fairs or exhibitions for the sale of works for charitable or other purposes from which no profit is derived;
(h) stalls and refreshment rooms at railway stations, or railway dining cars;
(i) ……..
(j ) clubs not being residential clubs; and
(k) any other class of establishments or class of persons which the Government may, by notification, exempt from the operation of this Act:
Provided that if in the opinion of the State Government the circumstances existing in any particular class of cases hereinbefore mentioned requires that all or any of the pro visions of this Act should be extended thereto, the State Government may, by notification extend to such class of cases all or any of the provisions of this Act and thereupon such pro visions shall apply to such class of cases. (2) The Government my, by notification, direct that any or all of the provisions of this Act shall, subject to such terms and conditions as may be specified in such direction not apply to such classes of establishment or class of persons as may be specified therein . 4. Application of Act to other establishments and persons -- (1) Notwithstanding anything contained in this Act the Government may, by notification, declare any establishment or class of establishments to which or any person or class of persons to whom this Act or any of the provisions thereof does not for the time being apply, to be an establishment or class of 7 establishment or a person or class of person to which or whom this Act or any provision thereof shall apply from such date as may be specified in the notification .
(2) On such declaration under sub-section (1), any such establishment or class of establishments or such person or class of persons shall be deemed to be an establishment or class of establishments to which or to be an employee or class of employees to whom this Act applies and all or any of the provisions of this Act shall apply to such establishment or class of establishments or to such employee or class of employees.