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The application of Maternity benefit Act is subject to the provision mentioned under Section 2 of the Act: For those establishments / Employees not covered under ESI, then the Maternity benefit Act applies subject to Section 2 which reads as below:
2. Application of Act. -- (1) It applies in the first instance, 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]:
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 on 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.
(e) “establishment” means –
(i) a factory;
(ii) a mine;
(iii) a plantation;
(iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatics and other performances; or
(v) an establishment to which the provisions of this Act have been declared under sub-section (4) of section 2 to be applicable;]
[Save as otherwise provided in 6 [sections 5A and 5B] nothing contained in this Act]
shall apply to any factory or other establishment to which the provisions of the Employees’ State Insurance Act, 1948 (84 of 1948), apply for the time being.
Hence kindly check what type of company and check provisions / GOs if any and the nature of company you are in and then decide the applicability.
From India, Chennai