16. Act not to apply to certain establishments
(1) This Act shall not apply
(a) to any establishment registered under the Co-operative Societies Act 1912 or under any
other law for the time being in force in any State relating to co-operative societies
employing less than fifty persons and working without the aid of power or
(b) to any other establishment belonging to or under the control of the Central Government
or a State Government and whose employees are entitled to the benefits of contributory
provident fund or old age person in accordance with any scheme or rule framed by the
Central Government or the State Government governing such benefits; or
(c) to any other establishment set up under any Central Provincial or State Act and whose
employees are entitled to the benefits of contributory provident fund or old age person in
accordance with any scheme or rule framed under that Act governing such benefits; or
(d) to any other establishment newly set up until the expiry of a period of three years
from the date on which such establishment is has been set up.
Explanation : For the removal of doubts it is hereby declared that an establishment shall
not be deemed to be newly set up merely by reason of a change in its location.
(2) If the Central Government is of opinion that having regard to the financial position
of any class of establishments or other circumstances of the case it is necessary or
expedient so to do it may by notification in the Official Gazette and subject to such
conditions as may be specified in the notification exempt whether prospectively or
retrospectively that class of establishments from the operations of this Act or such
period as may be specified in the notification.