Section 1 in The Jammu and Kashmir Employees Provident Funds and Miscellaneous Provisions Act, 1961
1. Short title, extent and application.
(1)This Act may be called the Jammu and Kashmir Employees' Provident Funds [and Miscellaneous Provisions] [Inserted by Act XIV of 1999, Section 2.], Act, 1961.(2)It extends to the whole of the State of Jammu and Kashmir.(3)Subject to the provisions contained in section 18, it applies-(a)to every establishment which is a factory engaged in any industry specified in Schedule I and in which [five or more persons] [Substituted by Act XI of 1980, Section 2.] are [employed at any time; and] [Substituted by Act XVII of 1984, Section 2.](b)to any other establishment or business which the Government may by notification in the Government Gazette, declare to be an establishment for the purposes of this Act.(4)Notwithstanding anything contained in sub-section (3) of this section or sub-section (1) of section 18, where it appears to the Government, whether on an application made to it in this behalf or otherwise, that the employer and the majority of employees in relation to any establishment have agreed that the provisions of this Act should be made applicable to the establishment it may, by notification in the Government Gazette, apply the provisions of this Act to that establishment.(5)An establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below [five.] [Substituted by Act XI of 1980, Section 2.]
