Section 2 — Application of Act.

2. Application of Act.—
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[(1) It applies, in the first instance,— 

(a) to every establishment being a factory, mine or plantation including any such establishment 

belonging to Government and to every establishment wherein persons are employed for the exhibition 

of equestrian, acrobatic and other performances; 

(b) to every shop or establishment within the meaning of any law for the time being in force in 

relation to shops and establishments in a State, in which ten or more persons are employed, or were 

employed, on any day of the preceding twelve months:] 

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 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) 
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[Save as otherwise provided in 

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[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 (34 of 1948), apply for the time being.