Nothing in this Act shall apply to. –
(a) offices of or under the Central or State Governments, (except commercial undertakings), the Reserve Bank of India, any railway administration or any local authority;
(b) any railway service, air service, water transport service, tramway, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry business or undertaking which supplies power, light or water to the public;
(c) railway dining cars;
(d) offices of lawyers;
(e) any person employed about the business of any establishment mentioned in paragraphs (a) to (d) aforesaid;
(f) any person whose hours of employment are regulated by or under the Factories Act, 1947, except the provisions of sub-sections (3), (4), and (5) of section 7 of this Act in so far as they relate to employment in a factory;
(g) any person whose work is inherently intermittent;
(h) establishments of stamp vendors and petition writers.
SECTION 4
4. Provisions of section 9 and sub-section (1) of section 10 not applicable to certain establishments.
(1) Nothing in section 9 and sub-section (1) of section 10 shall apply to--
(a) clubs, hotels, boarding houses, stalls and refreshment rooms at the railway stations;
(b) shops of barbers and hair dressers;
(c) establishments dealing exclusively in meat, fish, confectionery, poultry, eggs, dairy produce [except ghee], bread sweets, chocolates, ice, ice-cream, cooked food; fresh fruits, flowers or vegetables;
(d) shops dealing exclusively in medicines or medical or surgical requisites or appliances and establishments for the treatment or care of the sick, infirm, destitute or mentally unfit.
(e) shops dealing in articles required for funerals, burials, or cremations.
(f) shops dealing exclusively in pans (betel leaves), biris or cigarettes of liquid refreshment sold in retail for consumption on the premises.
(g) shops dealing exclusively in newspapers or periodicals, editing and dispatching sections of the newspaper office and office of the news agencies;
(h) places of public entertainment except cinema houses;
(i) establishment for the retail sale of petrol and petroleum products used for transport;
(j) shops in regimental institutes, garrison shops and troop canteens in cantonments;
(k) tanneries;
(l) establishments engaged in retail trade carried on at an exhibition or show, if such retail trade is subsidiary or ancillary only to the main purpose of the exhibition or show;
(m) oil mills not registered under the Factories Act, 1948;
(n) brick and lime kilns;
(o) commercial establishments engaged in the manufacture of bronze and brass utensils so far as it is confined to the process of melting in furnace;
(p) saltpeter refineries;
(q) establishments of commercial; colleges of short hand or type writing and other educational academies;
(r) booking offices of the passenger and goods transport companies;
(s) establishments dealing exclusively in green and dry fodder and chaff cutting; and
(t) cycle stands, and cycle repair shops;
(2) Nothing in sub-section (1) of section 10 shall apply to: --
(i) establishments of Cinema houses.
(ii) Establishments dealing in hides and skins;
(iii) ice factories;
(iv) establishments engaged exclusively in repairs of cycles or Motor vehicles or the service of motor vehicles, not being an establishment dealing in cycle or motor vehicle or exclusively in spare parts thereof;
(v) establishments dealing exclusively in providing on hire tents, Chhauldaries and other articles such as crockery, furniture, loud speakers, gas lights and fans required for ceremonial purposes and
(vi) establishments, dealing exclusively in retail sale of phulians, murmura, sugar coated gram, reories or other similar commodities.