Umakanthan53
Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Saurabhpayroll
Payroll Head
+2 Others

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Dear Sir,
Will you all please tell me that what condition would be for maternity compliance of an employer in no female staff is working in organisation as i am unable to find out. Please suggest.
Regards,
Saurabh-HR
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in your case maternity compliance does not arise since no female was employed.
Dear Sir, I agree that no compliance is required in this case but my auditor me for a proof or declaration in this matter. Should i gave any declaration for the same ? Regards, Saurabh
If the authorities demand any submission of returns under MB Act ,submit a' nil' return.This is enough for compliance.
1. Sir, as mentioned by Sh. Varghesemathew ji as above, the Returns as required under relevant State Rules framed under the Maternity Benefit Act, 1961 can be submitted to the concerned department/authority, though the same may be nil. As per Rule 16 of the Maternity Benefit(Mines and Circus) Rules, 1963, for examine, there is requirement of submission of Annual Returns to the prescribed authorities. Similar provisions may exist in the State Rules in which State the firm/establishment of the person who raised this thread is situated. The copies of the NIL returns so submitted to the said department, in my opinion, can be shown to the auditor.
2. If the requisite numbers of persons are employed in any establishment as mentioned in section 2 of the Maternity Benefit Act, 1961, the said Act is applicable irrespective of the fact that no woman employees are employed.
"Nil" strength of females can be certified by HR department and given to auditor.
A question may also arise whether there were female employees earlier in the employ of company?
Form A-Muster roll can be shown to auditor(Rule 3 of MB Act 1961) if it was ever maintained due to employment of women employees at any stage.
So a full answer covering all these aspects need to be given to auditor who is checking for compliances.
Pl go through Sec.2(1) of the MB Act,1961. If an establishment falls in the class of establishments specified in Sec.2(1), then the Act becomes applicable. Even in the event of no employment of women, the responsibility to maitain certain documents under the Act is still at large.
Dear All,
Thanks for your reply.
My auditor has asked me compliance for maternity if no female is working even. so i prepare a declaration certificate and send to him :
Declaration for non-applicability of Maternity Benefit
This is to certify that no women works at our project site-Garden City, Sector-91,92, Gurgaon. As per Maternity Benefit Act 1961 “women
means a women employed, whether directly or through any agency, for wages in any establishment.”
Hence no maternity benefit will be applicable.
For………………………….
Authorized Signatory
So kindly suggest me is it ok ?
Regards,
Saurabh Srivastava
I second what Mr.Umakanthan mentioned. Saying MB Act not applicable will give a diff.meaning. Rather it should be understood, the Act is applicable but, " since no female employee is on roll as on/ during the Period of Reporting, the information as required may be treated as "NIL". This sort of reporting in the prescribed form should suffice.
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