Understanding Maternity Benefit Rules in Maharashtra: Who Is the Competent Authority?

Hi Friends, I refer to the Maternity Benefit rules of Maharashtra, wherein rule no. 15 states:

Return Requirement

15. Return — Every employer shall furnish to the Competent Authority by the 15th day of January each year a return in Form 11.

Now, can we know who is the competent authority under these rules or acts?

Regards,
CS Mukesh Tank

I think the Shop and Establishment department, from where your company obtains a license every year, can help with this. It might be mentioned in this act as well. I will check and revert to you. Thanks for this question; it will help me as well.

Regards,
Jitendra

The competent authority for almost all labor law compliance is the Deputy Labor Commissioner.

Regards,
Kamal

Mr. Kamal Prasoon is totally right. See section 2 of the rules, which contains the definition of Competent Authority. For you, I am reproducing here the definition of Competent Authority given in the rules:

2[(b) “Competent Authority” means the Chief Labour Commissioner (Central);]

Hope the above resolves the query.

I would like to add something to your understanding. The point of who is the competent authority will be decided based on the nature of the establishment.

Please refer to Sec. 3(a) of the Act for the definition of the Appropriate Government, which reads as follows:

"Appropriate Government means, in relation to an establishment being a mine or an establishment where persons are employed for the exhibition of equestrian, acrobatic, and other performances, the Central Government, and in relation to any other establishment, the State Government."

Now, you are referring to Maharashtra Rules. I am not sure whether the state rule will be applicable or central. If the state rule is applicable, then you have to find the definition of the competent authority there.

In case the central government is the appropriate government, then the central rule will be applicable, where the Chief Labour Commissioner (Central) is the competent authority.

This is a simple but common mistake we all make. Try to remember this legal point. It will yield you good returns.

Maternity Benefit

Respected All, can you please inform me how many employees are required for maternity benefits?

With regards,
Bijendra Singh

The query of Mukesh was about the Competent Authority and not about the Appropriate Government as mentioned by you. Competent Authority and Appropriate Government are totally different positions. The Appropriate Government means a person or a body authorized by the constitution to legislate and enact a law.

Competent Authority means a person or a body authorized to supervise the implementation of the law.

Under Maharashtra Maternity Benefit rules, DLC is the competent authority because we file all returns to its office. DLC is the end as competent authority to directly supervise the implementation of labor acts.

Labor Laws in India - Basic Facts

Under the Constitution of India, labor welfare is a subject in the Concurrent List where both the Central & State Governments are competent to enact legislation subject to certain matters being reserved for the Centre.

Constitutional Status of Labor Jurisdiction:

Union List

- Entry No. 55: Regulation of labor and safety in mines and oil fields
- Entry No. 61: Industrial disputes concerning Union employees
- Entry No. 65: Union agencies and institutions for "Vocational ...training..."

Concurrent List

- Entry No. 22: Trade Unions; industrial and labor disputes.
- Entry No. 23: Social Security and insurance, employment and unemployment.
- Entry No. 24: Welfare of labor including conditions of work, provident funds, employers' invalidity and old age pension and maternity benefit.

Labor welfare being in the concurrent list, the majority of the States have also legislated their own Maternity Benefits Rules.

Delegation of Power:

Under any law, only one post/office is designated as Competent Authority, but it does not mean that the designated office will directly supervise the assigned responsibilities, including accepting returns.

A single office of Chief Labor Commissioner (Central) cannot supervise the assigned responsibilities all over India. So the Government delegates such responsibilities and powers to other offices also, and the same is notified in the official gazette.

Chief Labor Commissioner (Central) is not a one-man office. It is an organization in itself also known as Central Industrial Relations Machinery (CIRM).

Chief Labor Commissioner (Central) is divided into 18 regions, each headed by a Regional Labor Commissioner (C) with Headquarters at Ajmer, Ahmedabad, Asansol, Bangalore, Bombay, Bhubaneshwar, Chandigarh, Cochin, Calcutta, Guwahati, Hyderabad, Jabalpur, Madras, New Delhi, Patna, Nagpur, Dhanbad, and Kanpur.

Below Regional Labor Commissioner (C) are Assistant Labor Commissioner (Central) and Labor Enforcement Officer to directly supervise the implementation of labor acts.

Regards

Kamal, you are correct about his asking. I replied in that line only. What I want to say is that in order to identify the Competent Authority, you have to identify the Appropriate government first, and then only you can identify the competent authority. In case you have any confusion, please don't hesitate to contact.