(1) nothing contained in this Act. shall apply to : —
(a) person employed in any establishment in a position of management
(b) person whose work mainly involves travelling and persons employed as canvassers and caretakers and whose names do not appear in the master rolles;
(c) establishment under the Central or any State Government local authorities, the Reserve Bank of India or any other Bank any Railway administration and Cantonment authorities;
(d) any water transport service, or motor service or any system of public conservancy or sanitation, any industrybusiness or undertakingwhich supply power, / light or water to the public and such other publicutility companies or associations or classes thereof as the State Government may, by notification, exempt from the operation of this Act.
(e) clubs ; residential hotels and boarding houses;
(f) stalls and refreshment rooms at railway stations, docks, wharves and airports;
(g) establishment for the treatment or care of the sick, infirm, destitute or mental unfit
(h) shops or classes of shops dealing mainlyin vegetables, meat, fish, dairy products, bread, pastries, sweetmeat and flowers so far as the retail sales of these articles are concerned;
(i) pharmacies or shops dealing mainly in medicines surgical appliances, bandages, or other medical requisites so far as sale of these articles are concerned;
(j) shops dealing in articles required for funerals, burials or cremations so far as the sales of those articles are concerned;
(k) shops dealing in tobacco, cigrates, cherrots, cigarettes, biris, pan, liquid, refreshment sold in retail for consumption on the premises, ice, newspaper, or periodicals so far as the sales of these articles are concerned;
(1) shops dealing in supplies, stores, or other articles necessary for shops so far as sales of these articles are concerned;
(m) shops or stalls in any public exhibition or show so far as such shops or stalls deal in retail trade which is solely subsidary or ancillary to the main purposses of such exhibition or show;
(n) shops or stall in any public fair or bazar held for charitable purposes;
(o) barbers, and hair-dresser’s shops
(p) shops dealing in petroleum products ‘or spare pans for motors, vehicles or cycles
(q) excise shops
(r) establishments in mine and oil-field;
(s) any person employed in a confidential capacity, messenger, watchman or exclusively in connection with the collection, dispath, delivery and conveyance or custom formalities of goods or such other persons or classes of persons as the State Government may, by notification exempt from the operation of all or any of the provisions of this Act.
(t) such seasonal commercial establishment engaged in the purchase of jute or cotton ginning or cotton or jute pressing and the clerical department of such seasonal factories and 11(2) such other establishments as the State Government may by notilication exempt from the operation of all or any of the provisions of this Act Power of Government to apply the Act to exempted persons or establishment
4. Notwithstanding anything contained in section 3 the State Government may, by notification in the official Gazette apply all or any of the provisions of this Act to any class of persons or establishments mentioned in that section other than those mentioned in clause (c) of sub-section (1) and modify or cancel any such notification.
Exemptions
5. The State Government may, if they are satisfied that public interest so requires or that the circumstances of the case are such that it would be just and proper to do so, having regard to the nature and capacity of the establishment, by notification in the official Gazette exempt either permanently or for any specified period, any establishment or clausses of establishments in any area or persons to which or to whom this Act applies, from all or any of its provisions subject to such restrictions and conditions as the State Government may deem fit.
Chapter II HOURS OF WORK Daily and weekly hours
6. No employee in any establishment shall be required or allowed to work for more than eight hours in any day and forty-eight hours in any week;
Provided that the total number of hours of works including overtime, shall not exceed ten hours in any day except on days of stock taking and preparation of accounts and the total number of hours of overtime shall not exceed fifty for any quarter, Extra wages for overtime
7. Where an employee works in any establishment for more than eight hours in any day or for more’ than forty-eight hours in any week, he shall in respect of such overtime work be cntitled to wages at the rate of twice the ordinary rate of wages.
EXPLANATION For the purpose of this Section “ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the supply of meals and the concessional sale to employees of food grains and other articles as the employees is for the time being entitled to, but does not include bonus.
Interval for rest
8. The period of work of an employee in an establishment each day &hall be so fixed that no period shall exceed four hours and that no such person shall work for more that four hours before he has had an interval for rest of at least one hour.
Spread over
9. The period of work of an employee in an establishment shall be so fixed that, inclusive of his interval for rest, they shall not spread over more than ten and half hours in any day.
Opening and Closing hours