Amendment status not verified — confirm the current text below against the official source.
Power of exemption.—If the appropriate Government, having regard to the financial position and other relevant circumstances of any establishment or class of establishments, is of opinion that it will not be in public interest to apply all or any of the provisions of this Act thereto, it may, by notification in the Official Gazette, exempt for such period as may be specified therein and subject to such conditions as it may think fit to impose, such establishment or class of establishments from all or any of the provisions of this Act. (i) If the Government had exercised powers under section 36 of the Act for a particular period in response to an application submitted by the establishment on rejection of the said application, it had no powers to entertain a fresh application for the same period; Sarva udyog Kamgar Satigh v. Jawahar Engineers (P).Ltd., (2002) III LLJ 905 (Bom). (ii) “Other relevant circumstances” as mentioned in section 36 are to be read with the financial position of the claimant establishments themselves and their other circumstances have to be seen on the touchstone of public interest to enable the appropriate Government to form its opinion under section 36 qua the claims of such existing establishments; State of Tamil Nadu v. K. Sabanayagam, AIR 1998 SC 344. 1 Case Law 12(2) The Payment of Bonus Rules, 1975 (iii) Before according exemption under section 36 to an establishment, its employees should be heard; State of Tamil Nadu v. K. Sabanayagam & T.N.S.H.B., (1989) 1 LLN 955 (Mad). (iv) For granting exemption to any establishment, the Government has to pass a speaking order; National Dairy Development Board v. National Dairy Development Employees’ Union, (1986) 2 LLN 148. (v) The appropriate Government must consider relevant factors before it chooses to accord exemption; T.N. State Housing Board v. K. Sabanayagam, (1990) 61 FLR 60 (Summary) (Mad).