Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Statutory Complaince/labour & Employment
The educational institutions within the meaning of the Bombay Shops and Establishment Act declared by Gujarat government although such establishments are exempted under section 4 of the act for compliance all provisions of the act. So my question is still stand.
24th May 2014 From India, Vadodara
According to maternity benefit act every women employee will cover under Maternity benefit Act,
Educational institutions covered under states shops and commercial establishment Act registered all Service/ Employment covered under maternity benefit Act-1961.if you are from Maharashtra then go with the attachment.
Hope your query will not raise,
if it will raise please complaint in form no 6 & 7 can be sent to Labour inspector.
24th May 2014 From India, Mumbai
I am talking about MB act 1961, the attachment which you have provided me is not clear about MB Act. I have raised complaint in form.6 before inspector, Labour department government of Gujarat however he has set aside my complaint saying that the institute is not covered under the shops and & establishments act i.e the establishments in educational activities are exempted for compliance of the all provisions of the act under section 4 of Bombay shops and establishment act. So you are not eligible for that. So in this case hence forth what I want to do.
25th May 2014 From India, Vadodara
Pl refer to Sec.2(1)(b) of the Maternity Benefit Act,1961. We know that Employees Provident Fund Act is already applicable to all educational institutions employing more than 20 employees. Therefore, the condition stipulated in the sub-clause (b)- i.e., educational institution being an establishment under the EPF Act1952- stands automatically fulfilled and hence no need for any separate notification in this regard.
26th May 2014 From India, Salem
By notification the Govt has exempted Education Institute from the compliance under Shop & Establishment but not from the provisions of Maternity Benefit Act.
For applicability of Maternity Benefit, the Establishment should be an establishment within the meaning of Shop & Establishment Act, an education institute surely as per Gujarat shop Act is an Establishment within the meaning of said Maternity Benefit Act.
As per Section of section 2(1)(b) of the Maternity Act -[(1) It applies, in the first instance,—
(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:]
Further definition of Estabishment under MB Act means-
[(e) “establishment” means—
(i) a factory; (ii) a mine; (iii) a plantation; (iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances; 2[***]
3[(iva) a shop or establishment; or]
in view of above difinition and applicability of MB Act, its surely applicable, Education Institute fullfil the creteria of both above provisions.
Exemption issued from the operation of S&E Act does not have any effect.
frame your arguments in above said direction and go for writ petition, definitely you can get the benefit.
26th May 2014
26th May 2014 From India, Thiruvananthapuram
I have found a judgment of Hon'ble Supreme Court of India( decided in the year 2000 and is relating to Municipal Corporation, Delhi) in respect of applicability of MBA, 1961.The same is linked herewith as an e-mail attachment . Though, the same does not relate to educational institutions, but I feel that the contents of the same can be helpful for seniors/experts as per discussion in this thread.
26th May 2014 From India, Noida
I think that the difference of opinion as to the application of the Maternity Benefit Act,1961 to educational institution is due to the difference in the interpretation of Sec.2(1)(b) of the Act. For the sake of ready-reference let me give the extract below:
"2.Application of the Act.- (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 timebeing 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 ----------- or otherwise."
Here, I would like to request your attention to be focussed on the phrase " 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 ". The particular entity providing employment should be a shop or establishment within the meaning of any law for the time being in force - that's all.It need not be necessarily defined exclusively as such under the State Shops and Estt Act.Again we have to note that the usage 'shop' and 'establishment' is only in generic terms and not with specific reference to the State S&E Acts.The proviso empowers the State Govt. only in the case of any other or class of establishment not falling within the meaning of any law as such to bring it within the application of the MB Act by means of a notification.
27th May 2014 From India, Salem
The view of the Labour Inspector is not correct.When an exemption can arise? Only, when the Act is applicable.So, the exemption may be partial with regard to certain provisions or total from all provisons but it is strictly confined to that particular Act only and the exemption can not act as a bar on the application of other enactments.Pl read my previous reply carefully. I reiterate that the establishment should be an establishment within the meaning of any law applicable to shops and establishments in its general sense.In respect of private educational institutions, labour enactments like EPF Act, Payment of Gratuity Act,1972 are applicable.Therefoe, no separate notification by the State Govt is necessary. Better, prefer an appeal u/s17(3) of the MB Act,1961 to the Appellate Authority first.
27th May 2014 From India, Salem
Is MB Act applicable to a Tution class which is Pvt Ltd company having around 20 employees out of which only 9 are permanent. They do not deduct any PF nor ESI from the salary. Is MB Act applicable to the institution as there is no ESI deducted?
22nd February 2018 From India, Pune