R.N.Khola
Labour Laws & Ir
Pon1965
Construction
Dlghr89
Head Hr - Mahindra Aerospace
Su
Hr Executive
+1 Other

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Dear All,
I would like to know whether the Maternity Benefits are applicable to private organizations as per the Act 1961.
Is it mandatory for a Pvt org to provide maternity benefits to the female employees? as the Act talks only about the applicability to Govt orgs.
Looking forward for your replies on the same.
Regards
Su

From India, Mumbai
Hi Kindly clarify what do you mean by a private organization. Is it a school?, commercial establishment? factory? NGO? Based on the above correct reply will be given Kind regards Dayanand
From Singapore, Singapore
Dear Dayanand,
By Private orgs here I mean commercial establishment. Talking with regards to the Software IT company. However the company is not registered under the Bombay Shops and Establishment Act as it falls under the Gram Panchayat but is located in the SEZ (Special Economic Zone) area.
Regards
Su

From India, Mumbai
Hi, The law is clear in this matter. Irrespective of the jurisdiction, maternity benefit law is applicable even to the IT/ ITES/ BPO/ KPO units at SEZ. kind regards Dayanand
From Singapore, Singapore
Refer sec 2 of Maternity Benefit Act, 1961 which will clarify your doubt.
2. Application of Act
4[(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.

From India, Lucknow
Dear Su, Where it is written that this Act only applies to Govt. Organizations? R.N.Khola Skylark Associates, Gurgaon (Haryana) (Labour Law Consultants) (M)
From India, Delhi
Maternity benefit
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.
Please provide me official gazette.
Regards
SR

From India, Curchorem
Dear All,
If employee is does not come into ESIC brekat, then how to settle the maternity leave claim for that particular employee. Pls provide you views on this. whether to pay the claim or not, if not then y ?
Regards
SN

From India, Mumbai
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