Labour Law & Hr Consultant
Sr. Hr Executive
+1 Other

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Dear Seniors,
Ours is a medium size private limited company engaged in the business of providing internet service.
My query is that whether the Maternity Benefit Act is compulsory for Government companies only or it is must for private companies also.
Recently from PF office we were given to understand that for private companies, it depends on their own decision to implement & follow the Act.
Further, if it is applicable for all sector, then will it be a paid leave for 26 Weeks?
This is my first ever question in this forum. I would also like to intimate that, I find this forum very very useful and consider it as a knowledge bank!!!
Sandip Sensharma

From India, Sholinganallur
Dear Sandeep, Maternity act is applicable to every industry despite of any nature of work. It is supposed to be paid for all 26 weeks that is for 182 days.

This MATERNITY BENEFIT ACT, 1961 shall apply to all establishment or class of establishments, industrial,commercial, agricultural, whether you are registered under Shops and Establishment Act or Factories Act,
From India, Madras
Dear Sandip,
Would have been easier for us to answer exactly had you mentioned the total number of employees in your establishment.
From your narrative, we have to infer that yours is an establishment covered by the Tamil Nadu Shops and Establishments Act, 1947. Even otherwise, if your establishment is covered by any other Labour Law applicable to entities defined as establishments under such Law, it becomes an establishment under Section 2 (1)(b) of the Maternity Benefit Act, 1961, provided the number of employees in such an establishment is 10 and above now or were so in the past 12 months.
The term "maternity benefit" means payment of actual wages last drawn during the authorized absence of 26 weeks. In common parlance, it is called as "Maternity Leave". In short, it is a statutory leave with wages. It is also to be granted in cases of medical termination of pregnancy and miscarriage. Better go through the entire provisions of the Act.

From India, Salem
Under which act, schools and collages are listed for maternity benefit act.
From India
Dear friend,
Better read my previous reply once again. Any establishment employing 10 and more no of employees, if covered by any labor law for the time being in force, comes automatically under the purview of the MB Act, 1961. Already private educational institutions employing 10 and more no. of employees are covered by the EPF(MP)Act,1952 and the Payment of Gratuity Act,1972.

From India, Salem
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